Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
Preliminary Amendment
Preliminary Amendment filed on 03/21/2024 noted by the examiner, claims 1-20 are pending.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See MPEP 707.05. Although the prior art discloses several unclaimed, some claimed limitation. The closest Prior Art of record are considered to be defined by:
PUTILIN, CN 1656420 A, Date Published: 2005-08-17, CPC H04N 13/395 described a method of displaying automatic three-dimensional graphic image, comprising: storing stereoscopic image, determining at least two mutually spaced apart transmissive electronic display in front of the at least one observation region, processing a stereo pair image. to determine a computed image, the computed image comprises of the at least two transmissive electronic display at least some of each of the right-eye image information and at least some left-eye image information, displaying the image of each said calculated on each corresponding transmissive electronic display, wherein each of the displayed calculated image using a mask as for another display of the computed image, and from back lighting said transmissive electronic display, in the at least one observation region display an automatic three-dimensional graphics image.
ESFANDYARPOUR HESAAM, WO 2018017884 A1, Date Published: 2018-01-25, CPC C12Q 1/6869 described systems and methods for processing and analyzing nucleic acids and other biomolecules. Methods may include processing nucleic acid molecules in an emulsion of droplets. Methods of analyzing nucleic acid molecules may include coupling nucleic acids to a bead or other support. Methods may include analysis of nucleic acid molecules using a redox mediator. In some cases, analysis of the nucleic acid molecule includes determining a nucleotide sequence of the nucleic acid molecule.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to
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The above appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? there are no more additional elements.
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? there are no more additional elements.
Step 2B: No. claim 1 not eligible.
Claim 2 related to characterized by, the typical pair-data set D is obtained by classifying and dividing the summary pair-data set D' according to the multiple reservation method or cross validation method, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to characterized by, the computer calculates the minimum value of the sum of the squares of the differences between the first parameter value un of z pair-data and the first parameter value x of each typical pair-data set respectively to obtain the typical pair-data set DJ, which is the closest to z pair-data, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to characterized by, the z pair-data is randomly distributed, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to , characterized by, the z pair-data is equidistant distributed, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to , characterized by, the first parameter value is current value or voltage value, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to , characterized by, the second parameter value at least comprises the blood glucose concentration value, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to characterized by, the predetermined pair-data set were at least partially derived from in vitro tests, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to , characterized by, the number i of batch pair-data sets shall not be less than 100, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to characterized by, the number j of typical pair-data sets shall not be less than 10, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to characterized by, at least some of the pair-data in the predetermined pair-data set are adjustable, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to characterized by, the adjustment of pair-data is based at least on time parameter differences partly, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to characterized by, the adjustment of the pair-data is based at least on the physical characteristics of the sensor partly, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim 14 related to characterized by, the physical characteristics of the sensor comprise at least one of the membrane thickness, active enzyme area, active enzyme volume or resistance of the electrode, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 15 related to characterized by, the adjustment of pair-data is fixed, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 15 not eligible.
Claim 16 related to characterized by, the adjustment of pair-data is linear, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 16 not eligible.
Claim 17 related to characterized by, comprises: The shell; The sensor comprises an internal part and an external part, and the internal part is used to penetrate into the user's subcutaneous skin to obtain the first parameter value; The memory in which the typical pair-data set D as mentioned is pre stored; The processor is programmed to call the typical pair-data set Dz from the memory, and then obtain the second parameter value based on the first parameter value in typical pair-data set D by index; The transmitter sends the first parameter value and/or the second parameter value to the remote device; And A battery is used to provide electric energy, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 17 not eligible.
Claim 18 related to characterized by, the transmitter, memory, sensor, processor and battery are located in the shell, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 18 not eligible.
Claim 19 related to characterized by, the transmitter, sensor and battery are located in the shell, and the memory and/or processor is located in the remote device, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 19 not eligible.
Claim 20 related to two of the transmitter, processor or memory are integrated into one device, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 20 not eligible.
Contact information
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
July 13, 2026
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