DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The action is in response to the application filed on 03/21/2024. Claims 1-18 are pending and examined below.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5-8, 10-12, 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190116088 A1 (hereinafter referred to as “Mueglitz”).
Regarding claim 1, Mueglitz, a method/system for a wireless data communication between a sensor system and a receiver, teaches an analyte detection device communication system (abstract), comprising:
an analyte detection device (20; paragraphs [0040]-[0041]; as shown in Figure 1), which is installed on a skin of an user, obtains an analyte parameter information in the user (paragraphs [0035], [0061]), and transmits signals to a remote equipment (30; paragraphs [0047]-[0049]; as shown in Figure 1), wherein the signals at least comprise at least one first signal transmitted by the analyte detection device which hasn't established a communication connection with the remote equipment (paragraph [0013]) and a second signal transmitted by the analyte detection device which has established the communication connection with the remote equipment (paragraph [0013]); and
the remote equipment, which is used to search and recognize nearby signals and execute communication connection procedures (“The data interface 24 may be provided with a transceiver configured to send and receive data through a communication channel 40”; paragraph [0043]).
Regarding claim 11, Mueglitz teaches a method for realizing communication connection of analyte detection device (abstract), comprising:
providing an analyte detection device (20; paragraphs [0040]-[0041]; as shown in Figure 1), wherein the analyte detection device which hasn't established a communication connection with a remote equipment transmits a first signal (paragraph [0013]), and the analyte detection device which has established the communication connection with the remote equipment transmits a second signal (paragraph [0013]);
providing the remote equipment, which is used for communication connection with the analyte detection device (“The data interface 24 may be provided with a transceiver configured to send and receive data through a communication channel 40”; paragraph [0043]);
activating the analyte detection device to establish the communication connection (paragraph [0013]);
transmitting the first signal (paragraph [0013]);
starting the remote equipment (paragraph [0013]);
searching and recognize nearby signals (paragraph [0013]); and
executing a communication connection program (paragraph [0013], [0015], [0044]).
Regarding claims 2 and 12, Mueglitz teaches wherein the remote equipment is configured to execute a first communication connection program when the remote equipment recognizes the first signal, a number of the at least one first signal is only one, the remote equipment establishes the communication connection with the analyte detection device transmitting the first signal (paragraph [0013]).
Regarding claims 5 and 15, Mueglitz teaches wherein the remote equipment is configured to execute a third communication connection program when the remote equipment recognizes the at least one first signal, a number of the at least one first signal is at least two, prompt the user to change an operation place until the remote equipment only recognizes the first signal whose number is one, and then execute a first communication connection program (paragraph [0029]).
Regarding claim 6, Mueglitz teaches wherein an effective range of the first signal is 0˜10 m, and an effective range of the second signal is 0˜10 m (transmission in a personal are network (which is within a 1–10 meter radius); paragraph [0055]).
Regarding claim 7, Mueglitz teaches wherein an effective range of the first signal is 0˜10 m, and an effective range of the second signal is 0˜10 m (transmission in a personal are network (which is within a 1–10 meter radius); paragraph [0055]).
Regarding claims 8 and 16, Mueglitz teaches wherein the remote equipment is configured to send an alarm or fault prompt to the user when the remote equipment does not recognize the first signal (paragraph [0072]).
Regarding claim 17, Mueglitz teaches wherein the analyte detection device without the communication connection comprises a newly delivered analyte detection device or a analyte detection device with a disconnected communication connection (paragraph [0033]).
Regarding claims 10 and 18, Muegitz teaches wherein the first signal differs from the second signal in signal frequency, signal type, signal strength or/and signal format (paragraph [0013]).
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-4, 9, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueglitz as applied to claim 1 above, and further in view of EP 2973082 B1 (hereinafter referred to as “Miller”).
Regarding claims 3 and 13, Mueglitz does not explicitly teach wherein before executing the first communication connection program, the remote equipment sends a prompt that needs to be confirmed by the user.
However, Miller teaches wherein before executing the first communication connection program, the remote equipment sends a prompt that needs to be confirmed by the user (paragraph [0138], [0146], [0148]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Mueglitz, to have a prompt, as taught by Miller, because doing so improves security, privacy, and user control, ensuring only authorized devices access personal data or networks.
Regarding claims 4 and 14, Mueglitz does not explicitly teach wherein the remote equipment is configured to execute a second communication connection program when the remote equipment recognizes the at least one first signal, a number of the at least one first signal is at least two, prompt the user to input an equipment code of the analyte detection device to be connected (paragraph [0138], [0146], [0148]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Mueglitz, to have a prompt, as taught by Miller, because doing so improves security, privacy, and user control, ensuring only authorized devices access personal data or networks.
Regarding claim 9, Mueglitz, in view of Miller, teaches wherein the prompt is in a form of one of audio, video and vibration (paragraph [0138], [0146], [0148]; as taught by Miller).
Conclusion
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/ABID A MUSTANSIR/ Examiner, Art Unit 3791