DETAILED ACTION
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “20” [Fig. 1]; “30” [Fig. 1]; “50” [Fig. 1]; “540” [Fig. 5]; “550” [Fig. 5].
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim(s) 1 and 10 is/are objected to because of the following informalities:
Claim 1 should read “an antenna system comprising a plurality of antennas” [line 4].
Claim 10 should read “first radiation [[rage]] range” [line 4].
Claim 10 should read “second radiation [[rage]] range” [lines 7-8].
Appropriate correction is required.
Claim Interpretation
Examiner Notes: currently, NO limitation invokes interpretation under § 112(f).
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.
Claim(s) 6-11 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. Each claim has been analyzed to determine whether it is directed to any judicial exceptions.
Representative claim(s) 6 [written in longhand format to incorporate the subject matter of claims 1-2 therein] recite(s):
An analyte sensor system, comprising:
an analyte sensor configured to generate analyte data associated with analyte levels of a user of the analyte sensor system;
an antenna system comprising plurality of antennas;
a transceiver circuit configured to transmit the analyte data to a communications device via one or more antennas of the plurality of antennas of the antenna system;
a switching device configured to selectively couple the one or more antennas to the transceiver circuit;
a circuit board configured to operatively connect the analyte sensor with the transceiver circuit;
one or more memories;
one or more processors coupled to the one or more memories and the switching device, wherein the one or more processors are configured to cause the analyte sensor system to select the one or more antennas for transmission of the analyte data;
wherein the one or more processors are further configured to cause the analyte sensor system to:
receive one or more transmissions from the communications device; and
determine angle-of-arrival (AOA) information associated with the one or more transmissions received from the communications device.
(Emphasis added: abstract idea, additional element)
Step 2A Prong 1
Representative claim(s) 6 recites the following abstract ideas, which may be performed in the mind or by hand with the assistance of pen and paper:
“determine angle-of-arrival (AOA) information associated with the one or more transmissions received from the communications device” – may be performed by merely observing at least a limited amount of known or previously collected data and drawing mental conclusions therefrom [Applicant’s Specification ¶¶0092-0093]
If a claim, under BRI, covers performance of the limitations in the mind but for the mere recitation of extra-solutionary activity (and otherwise generic computer elements) then the claim falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea under Step 2A Prong 1 of the Mayo framework as set forth in the 2019 PEG.
No limitations are provided that would force the complexity of any of the identified evaluation steps to be non-performable by pen-and-paper practice.
Alternatively or additionally, these steps describe the concept of using implicit mathematical formula(s) [i.e., “determine angle-of-arrival (AOA) information associated with the one or more transmissions received from the communications device”] to derive a conclusion based on input of data, which corresponds to concepts identified as abstract ideas by the courts [Diamond v. Diehr. 450 U.S. 175, 209 U.S.P.Q. 1 (1981), Parker v. Flook. 437 U.S. 584, 19 U.S.P.Q. 193 (1978), and In re Grams. 888 F.2d 835, 12 U.S.P.Q.2d 1824 (Fed. Cir. 1989)]. The concept of the recited limitations identified as mathematical concepts above is not meaningfully different than those mathematical concepts found by the courts to be abstract ideas.
The dependent claims merely include limitations that either further define the abstract idea [e.g. limitations relating to the data gathered or particular steps which are entirely embodied in the mental process] and amount to no more than generally linking the use of the abstract idea to a particular technological environment of field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Thus, these concepts are similar to court decisions of abstract ideas of itself: collecting, displaying, and manipulating data [Int. Ventures v. Cap One Financial], collecting information, analyzing it, and displaying certain results of the collection and analysis [Electric Power Group], collection, storage, and recognition of data [Smart Systems Innovations].
Step 2A Prong 2
The judicial exception is not integrated into a practical application.
Representative claim 6 only recites additional elements of extra-solutionary activity – in particular, extra-solution activity [generic computer function, data gathering] – without further sufficient detail that would tie the abstract portions of the claim into a specific practical application (2019 PEG p. 55 – the instant claim, for example does not tie into a particular machine, a sufficiently particular form of data or signal collection – via the claimed extra-solution activity identified above, or a sufficiently particular form of display or computing architecture/structure).
Dependent claim(s) 8-11 encounter substantially the same issues as the independent claim(s) from which they depend in that they encompass further generic extra-solutionary activity [generic data gathering] and/or generic computer elements [storage, memory per se].
Accordingly, the claim(s) are not integrated into a practical application under Step 2A Prong 2.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 6 as an individual whole fail to amount to significantly more than the judicial exception at Step 2B. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of extra-solutionary activity [i.e., generic computer function, data gathering] and generic computer elements cannot amount to significantly more than an abstract idea [MPEP § 2106.05(f)] and is further considered to merely implement an abstract idea on a generic computer [MPEP § 2106.05(d)(II) establishes computer-based elements which are considered to be well understood, routine, and conventional when recited at a high level of generality].
For the independent claim portions and dependent claims which provide additional elements of extra-solutionary data gathering, MPEP § 2106.05(g) establishes that mere data gathering for determining a result does not amount to significantly more. The extra-solutionary activity of processor steps [acquiring, storing, transmitting signals, etc.] as presently recited, cannot provide an inventive concept which amounts to significantly more than the recited abstract idea.
For the independent claims as well as the dependent claims merely reciting generic computer elements and functions [transceiver circuit, circuit board, one or more memories, one or more processors, ground terminal, each recited at a high level of generality and corresponding functions therein], MPEP § 2106.05(d)(II) establishes computer-based elements which are considered to be well understood, routine, and conventional when recited at a high level of generality.
Accordingly, the generic computer elements and corresponding functions, as presently limited, cannot provide an inventive concept since they fall under a generic structure and/or function that does not add a meaningful additional feature to the judicial exception(s) of the claim(s).
Claim 1/6 recites “an analyte sensor configured to generate analyte data associated with analyte levels of a user of the analyte sensor system”. Such an analyte sensor is considered well-understood, routine, and conventional, as known by at least:
Applicant’s disclosure is not particular regarding the particular structure of the generically claimed analyte sensor, and recites the analyte sensor at a high level of generality [in some embodiments, analyte sensor 10 includes a continuous glucose sensor, for example, a subcutaneous, transdermal (e.g., transcutaneous), or intravascular device. For example, in some embodiments, the continuous glucose sensor may be configured to continuously measure and analyze glucose measurements in the interstitial fluid. Analyte sensor 10 can use any method of analyte measurement, including for example glucose-measurement, including enzymatic, chemical, physical, electrochemical, spectrophotometric, polarimetric, calorimetric, iontophoretic, radiometric, immunochemical, and the like (Applicant’s Specification ¶0053); A glucose sensor can be any device capable of measuring the concentration of glucose. According to one example embodiment described below, an implantable glucose sensor may be used. However, it should be understood that the devices and methods described herein can be applied to any device capable of detecting a concentration of an analyte, glucose for example, and providing an output signal that represents the concentration of the analyte, again glucose for example (e.g., as a form of analyte data) (Applicant’s Specification ¶0055)]. This lack of disclosure is acceptable under 35 U.S.C. 112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the medical technology arts. Thus, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the field of data transmission. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional element because it describes such an additional element in a manner that indicates that the additional element is sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a) [see Berkheimer memo from April 19, 2018, Page 3, (III)(A)(1), not attached]. Adding hardware that performs “well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible [TLI Communications].
Claim 1/6 recites “an antenna system comprising plurality of antennas”. Such an antenna system is considered well-understood, routine, and conventional, as known by at least:
Applicant’s disclosure is not particular regarding the particular structure of the generically claimed antenna system, and recites the antenna system at a high level of generality based on the broadest reasonable interpretation of the antenna system as presently recited [However, the first antenna 712 and the second antenna 714 may include any suitable antenna structure, for example, a patch antenna, a slot antenna, a trace antenna, a spiral antenna, a stamp antenna, an inverted-F antenna (including a planar inverted-F antenna (PIFA) and/or a meandered inverted-F antenna (MIFA)), an inverted-L antenna, a quarter-wave monopole, etc. (Applicant’s Specification ¶0076)]. This lack of disclosure is acceptable under 35 U.S.C. 112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the medical technology arts. Thus, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the field of data transmission. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional element because it describes such an additional element in a manner that indicates that the additional element is sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a) [see Berkheimer memo from April 19, 2018, Page 3, (III)(A)(1), not attached]. Adding hardware that performs “well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible [TLI Communications].
Claim 1/6 recites “a switching device configured to selectively couple the one or more antennas to the transceiver circuit”. Such a switching device is considered well-understood, routine, and conventional, as known by at least:
Olgaard (US-9035672-B2) [As will be readily appreciated by one of ordinary skill in the art, the pairing of the signal switches 104aa, 106aa, 104ba, 106ba, 104ca, 106ca having both throws mutually connected are implemented as single pole, double throw switches for consistency with the remaining switches, 104, 106, but can be replaced by single pole, single throw switches, or alternatively as programmable signal attenuators for which "opening" and "closing" the signal path equates to programming higher and lower signal attenuations, respectively (Olgaard Col 8:20-28), in light of the Applicant’s Specification ¶0082 disclosing that the switching device may include a single pole double throw (SDPT) switch]
Claim 7 recites “an accelerometer”. Such an accelerometer is conisdered well-understood, routine, and conventional, as known by at least:
Applicant’s disclosure is not particular regarding the particular structure of the generically claimed accelerometer, and recites the accelerometer at a high level of generality [The accelerometer 732 may be configured to provide orientation information associated with the analyte sensor system 700 (Applicant’s Specification ¶0075)]. This lack of disclosure is acceptable under 35 U.S.C. 112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the medical technology arts. Thus, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the field of orientation monitoring. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional element because it describes such an additional element in a manner that indicates that the additional element is sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. 112(a) [see Berkheimer memo from April 19, 2018, Page 3, (III)(A)(1), not attached]. Adding hardware that performs “well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible [TLI Communications].
Strausser (US-20150045703-A1) [Inertial measurement units (IMUs) could be coupled to the leg support 212. An inertial measurement unit is generally composed of an accelerometer and a gyroscope and sometimes a magnetometer as well; in many modern sensors these devices are MEMS (Mico electromechanical systems) that have measurement in all three orthogonal axes on one or more microchips. The behavior of IMUs is well understood in the art (IMUs being used for applications from missile guidance to robotics to cell phones to hobbyist toys); they typically provide measurement of angular orientation with respect to gravity, as well as measurement of angular velocity with respect to earth and linear acceleration, all in three axes (Strausser ¶0025)]
Examiner’s Note Regarding Particular Treatment or Prophylaxis: Claim(s) 6-11 fail to positively recite or include language that is considered to be a particular treatment or prophylaxis as an additional element to integrate the judicial exception into a practical application or allow the identified claims to amount to significantly more than the judicial exception [MPEP § 2106.04(d)(2)].
Accordingly, the claim(s) as whole(s) fail amount to significantly more than the judicial exception under Step 2B.
Examiner’s Note Regarding § 101 Analysis: The Examiner notes that claim(s) 1-5, 12-19, and 29 do not recite a judicial exception at Step 2A Prong 1, such that claims 1-5, 12-19, and 29 are not further analyzed at Step 2A Prong 2 or Step 2B, and are further not rejected under § 101.
Claim Rejections - 35 USC § 102
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) 1-5, 19, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US-20170373712-A1, cited by Applicant).
Regarding claim 1, Kim teaches
An analyte sensor system, comprising:
an analyte sensor configured to generate analyte data associated with analyte levels of a user of the analyte sensor system [an electronic device 701 (Kim Fig. 7); An electronic device may also include a medical device (such as a portable medical sensor (including a glucometer (Kim ¶0033), wherein a glucometer is considered to define an analyte sensor as claimed];
an antenna system comprising plurality of antennas [a first antenna 731 to third antenna 735… a fourth antenna 761 to sixth antenna 765 (Kim ¶0161, Fig. 7)];
a transceiver circuit configured to transmit the analyte data to a communications device via one or more antennas of the plurality of antennas of the antenna system [The first antenna 731 to the third antenna 735 may be electrically connected to the first communication unit 710 or may be separated from the first communication unit 710 by the first switch unit 720 (Kim ¶0162, Fig. 7); the input/output interface 150 may output the command or data received from another component(s) of the electronic device 101 to the user or another external device (Kim ¶0047); See Kim ¶0025 regarding changes, equivalents, and substitutes included in the spirit and scope of the various embodiments, wherein in light of Kim ¶0033 disclosing that the electronic device is a glucometer, the antennae and transceiver circuit are considered to transmit analyte data];
a switching device configured to selectively couple the one or more antennas to the transceiver circuit [the processor 770 may control the first switch unit 720 to switch the first antenna 731 to the third antenna 735 (Kim ¶0163, Fig. 7)]; and
a circuit board configured to operatively connect the analyte sensor with the transceiver circuit [The electronic device 101, in a network environment 100, includes a bus 110, a processor (e.g., including processing circuitry) 120, a memory 130, an input/output interface (e.g., including input/output circuitry) 150, a display 160, and a communication interface (e.g., including communication circuitry) 170… The bus 110 may be a circuit connecting the above described components 120-170 and transmitting communication (e.g., a control message or data) between the above described components (Kim ¶¶0040-0041, Fig. 1)].
Regarding claim 2, Kim teaches
The analyte sensor system of claim 1, further comprising:
one or more memories [a memory 130 (Kim ¶0040, Fig. 1)]; and
one or more processors coupled to the one or more memories and the switching device, wherein the one or more processors are configured to cause the analyte sensor system to select the one or more antennas for transmission of the analyte data [Kim ¶0163, Fig. 7].
Regarding claim 3, Kim teaches
The analyte sensor system of claim 2, wherein the one or more processors are further configured to cause the analyte sensor system to select, using the switching device, the one or more antennas for transmission of the analyte data based at least in part on channel conditions associated with the plurality of antennas of the antenna system [when a receive signal strength of at least one antenna among the first antenna 731 to the third antenna 735 (or the fourth antenna 761 to the sixth antenna 765) for connecting the first communication unit 710 (or the second communication unit 740) reduces to be less than or equal to a reference value, the processor 770 may control the first switch unit 720 (or the second switch unit 750) to switch to the remaining antennas and not to the at least one antenna having a receive signal strength that is less than or equal to the reference value (Kim ¶0165)].
Regarding claim 4, Kim teaches
The analyte sensor system of claim 2, wherein the one or more processors are further configured to cause the analyte sensor system to receive, from the communications device, feedback indicative of the channel conditions [Kim ¶0165].
Regarding claim 5, Kim teaches
The analyte sensor system of claim 4, wherein the feedback includes a received signal strength indicator (RSSI) associated with each of the antennas of the antenna system [Kim ¶0165].
Regarding claim 19, Kim teaches
An antenna system for communicating analyte data, comprising:
a plurality of antennas [a first antenna 731 to third antenna 735… a fourth antenna 761 to sixth antenna 765 (Kim ¶0161, Fig. 7)]; and
a switching device configured to selectively couple one or more antennas of the plurality of antennas to a transceiver circuit of an analyte sensor system [the processor 770 may control the first switch unit 720 to switch the first antenna 731 to the third antenna 735 (Kim ¶0163, Fig. 7)], wherein, when selectively coupled to the transceiver circuit of the analyte sensor system, the one or more antennas are configured to:
receive, from an analyte sensor of the analyte sensor system via the transceiver circuit and a circuit board, analyte data associated with analyte levels of a user of the analyte sensor system [The first antenna 731 to the third antenna 735 may be electrically connected to the first communication unit 710 or may be separated from the first communication unit 710 by the first switch unit 720 (Kim ¶0162, Fig. 7); the input/output interface 150 may output the command or data received from another component(s) of the electronic device 101 to the user or another external device (Kim ¶0047); See Kim ¶0025 regarding changes, equivalents, and substitutes included in the spirit and scope of the various embodiments, wherein in light of Kim ¶0033 disclosing that the electronic device is a glucometer, the antennae and transceiver circuit are considered to receive analyte data as claimed]; and
transmit the analyte data to a communications device for display to the user [Each of the first external device 102 and the second external device 104 may be the same type or a different type of device than the electronic device 101… At least one function executed by the electronic device may be performed by the first and second external electronic device 102, 104, or server 106 (Kim ¶0053); The display 160 may include a liquid crystal display (LCD), a light emitting diode (LED), an organic LED (OLED), a micro electro mechanical system (MEMS) display, an electronic paper display, etc. The display 160 may display various content (text, image, video, icon, or symbol) to a user (Kim ¶0048); The applications 370 include one or more applications for performing various functions, including… health care (e.g., an application for measuring amount of exercise, blood sugar level, etc.) (Kim ¶0100); Additionally or alternatively, the applications 370 may include an application for supporting information exchange between an electronic device and an external device, which is hereafter called ‘information exchange application’. The information exchange application is capable of including a notification relay application for relaying specific information to external devices or a device management application for managing external devices (Kim ¶0101)].
Regarding claim 29, Kim teaches
An analyte monitoring system, comprising:
a communications device [Each of the first external device 102 and the second external device 104 may be the same type or a different type of device than the electronic device 101… At least one function executed by the electronic device may be performed by the first and second external electronic device 102, 104, or server 106 (Kim ¶0053)]; and
an analyte sensor system, comprising:
an analyte sensor configured to generate analyte data associated with analyte levels of a user of the analyte sensor system [an electronic device 701 (Kim Fig. 7); An electronic device may also include a medical device (such as a portable medical sensor (including a glucometer (Kim ¶0033), wherein a glucometer is considered to define an analyte sensor as claimed];
a first antenna system comprising plurality of antennas [a first antenna 731 to third antenna 735… a fourth antenna 761 to sixth antenna 765 (Kim ¶0161, Fig. 7)];
a transceiver circuit configured to transmit the analyte data to a communications device via one or more antennas of the plurality of antennas of the antenna system [The first antenna 731 to the third antenna 735 may be electrically connected to the first communication unit 710 or may be separated from the first communication unit 710 by the first switch unit 720 (Kim ¶0162, Fig. 7); the input/output interface 150 may output the command or data received from another component(s) of the electronic device 101 to the user or another external device (Kim ¶0047); See Kim ¶0025 regarding changes, equivalents, and substitutes included in the spirit and scope of the various embodiments, wherein in light of Kim ¶0033 disclosing that the electronic device is a glucometer, the antennae and transceiver circuit are considered to transmit analyte data];
a switching device configured to selectively couple the one or more antennas to the transceiver circuit [the processor 770 may control the first switch unit 720 to switch the first antenna 731 to the third antenna 735 (Kim ¶0163, Fig. 7)]; and
a circuit board configured to operatively connect the analyte sensor with the transceiver circuit [The electronic device 101, in a network environment 100, includes a bus 110, a processor (e.g., including processing circuitry) 120, a memory 130, an input/output interface (e.g., including input/output circuitry) 150, a display 160, and a communication interface (e.g., including communication circuitry) 170… The bus 110 may be a circuit connecting the above described components 120-170 and transmitting communication (e.g., a control message or data) between the above described components (Kim ¶¶0040-0041, Fig. 1)], wherein:
the communications device comprises a second antenna system configured to receive the analyte data from the first antenna system of the analyte sensor system [Kim ¶0053; Kim ¶0161]; and
the communications device is configured to display the analyte data received from the first antenna system of the analyte sensor system to the user [Kim ¶0053; The display 160 may include a liquid crystal display (LCD), a light emitting diode (LED), an organic LED (OLED), a micro electro mechanical system (MEMS) display, an electronic paper display, etc. The display 160 may display various content (text, image, video, icon, or symbol) to a user (Kim ¶0048); The applications 370 include one or more applications for performing various functions, including… health care (e.g., an application for measuring amount of exercise, blood sugar level, etc.) (Kim ¶0100); Additionally or alternatively, the applications 370 may include an application for supporting information exchange between an electronic device and an external device, which is hereafter called ‘information exchange application’. The information exchange application is capable of including a notification relay application for relaying specific information to external devices or a device management application for managing external devices (Kim ¶0101)].
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claim 2 above, in view of Sahoo (US-20210266050-A1).
Regarding claim 6, Kim teaches
The analyte sensor system of claim 2, wherein the one or more processors are further configured to cause the analyte sensor system to:
receive one or more transmissions from the communications device [The processor 660 may determine whether a receive signal strength of at least one antenna of the plurality of antennas is less than or equal to a reference value. When receiving sensor information (e.g., a position of the electronic device 601 to which an external object approaches and a magnitude of a sensor value) through the sensor unit 650, the processor 660 may use the sensor information to determine an antenna corresponding to sensor information among the plurality of antennas. The processor 660 may determine a position of the electronic device 601 to which an external object approaches using the sensor information and compare the determined position and a position of the antenna provided in the electronic device 601 to determine an antenna corresponding to the sensor information. The processor 660 may measure a receive signal strength of the antenna corresponding to the sensor information (Kim ¶0154); Kim ¶0165].
However, while Kim discloses determining device positioning based on received one or more transmissions from the communications device for the purposes of allowing reception and transmission of signals based on signal strength [Another aspect of the present disclosure provides a method of switching an antenna for SAR reduction and an electronic device that supports the same and may transmit and receive a wireless signal using only antennas having high receive signal strength, except for at least one antenna in which receive signal strength reduces to be less than or equal to a reference value, when the receive signal strength of at least one antenna of a plurality of antennas reduces to be less than or equal to a reference value (Kim ¶0008)], Kim fails to explicitly disclose determine angle-of-arrival (AOA) information associated with the one or more transmissions received from the communications device.
Sahoo discloses systems and methods for switching antennas of a user equipment (UE), wherein Sahoo discloses determining angle-of-arrival (AOA) information associated with one or more transmissions from an external communications device [the UE may detect at least one orientation parameter of the UE using one or more sensors of the UE at operation 109. The one or more sensors of the UE may include, for example, and without limitation, at least one of an accelerometer, gyroscope, magnetometer, Time of Flight (ToF), grip sensor, or the like. The orientation parameter may include, for example, and without limitation, a change in orientation of the UE with respect to direction of base station (BS) signal arrival, a metric indicating total orientation change since last check, AAM blocked or unblocked status by the user grip, user activity status, a rate of device orientation change of the UE, acceleration of device orientation change of the UE, or the like (Sahoo ¶0042); The rate of device orientation change of the UE 301 and acceleration of device orientation change of the UE 301 may be detected using one or more sensors of the UE 301 involving, for example, two factors: (1) tracking Angle of Arrival (AoA) of a base station signal and (2) tracking device orientation using the one or more sensors of the UE 301. Using the one or more sensors of the UE 301 and sensor fusion algorithms, the UE 301 may be capable of estimating its orientation in 3D polar coordinates (θ, φ). The UE 301 may, also, estimate the angle of arrival (P.sub.AoA) i.e., direction of strongest signal reception. Useful metrics for Antenna Array Module (AAM) switching may be of the form f.sub.r(P.sub.AoA, θ, φ). Once parameters such as P.sub.AoA, θ and φ values are known, time rate of change of device orientation may be computed i.e., d(P.sub.AoA)/dt, d(θ)/dt and d(φ)/dt and corresponding d.sup.2(P.sub.AoA)/dt.sup.2, d.sup.2(θ)/dt.sup.2 and d.sup.2(φ)/dt.sup.2. Here, dθ/dt may be referred as rate of change of zenith, dφ/dt may be referred as rate of change of azimuth, d.sup.2θ/dt.sup.2 may be referred as acceleration of change of zenith, and d.sup.2φ/dt.sup.2 may be referred as acceleration of change of azimuth (Sahoo ¶0067)] in order to switch to the best antenna for signal transmission [Thereafter, the best antenna array module may be found and then the UE 301 may switch to the best antenna array module at operation 611 (Sahoo ¶0094)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim to employ wherein the system is configured to determine angle-of-arrival (AOA) information associated with the one or more transmissions received from the communications device, in order to optimize switching antennas for better signal transmission.
Regarding claim 7, Kim in view of Sahoo teaches
The analyte sensor system of claim 6, further comprising an accelerometer [The sensor module 240 measures a physical quantity or detects an operation state of the electronic device 201, and converts the measured or detected information to an electronic signal. The sensor module 240 includes… an acceleration sensor 240E (Kim ¶0066)].
However, Kim fails to explicitly disclose wherein the one or more processors are further configured to cause the analyte sensor system to determine the AOA information associated with the one or more transmissions received from the communications device based, at least in part, on orientation information from the accelerometer.
Sahoo discloses determining AOA information associated with one or more transmissions received from an external communications device based, at least in part, on orientation information from an accelerometer [Sahoo ¶¶0042, 0067, 0094].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim to employ wherein the one or more processors are further configured to cause the analyte sensor system to determine the AOA information associated with the one or more transmissions received from the communications device based, at least in part, on orientation information from the accelerometer, so as to facilitate determination of AOA information.
Regarding claim 8, Kim in view of Sahoo teaches
The analyte sensor system of claim 6, wherein the one or more processors are further configured to cause the analyte sensor system to select, using the switching device, the one or more antennas for transmission of the analyte data based at least in part on the AOA information associated with the one or more transmissions received from the communications device [See § 103 modification of claim 6 above; Sahoo ¶¶0067, 0094].
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Sahoo, as applied to claim 6 above, in further view of Horn (US-20220224397-A1).
Regarding claim 9, Kim in view of Sahoo teaches
The analyte sensor system of claim 6, wherein:
the plurality of antennas of the antenna system comprises at least a first antenna and a second antenna [a first antenna 731 to third antenna 735… a fourth antenna 761 to sixth antenna 765 (Kim ¶0161, Fig. 7)].
However, Kim fails to explicitly disclose wherein the first antenna is associated with a first radiation range; and the second antenna is associated with a second radiation range.
Horn discloses systems and methods for receiving signals by antennas of a user device, wherein Horn discloses wherein the system is configured to determine angle-of-arrival (AOA) information associated with one or more transmissions received from a communications device [UE 215 may estimate angles of arrival for transmissions to be transmitted to first base station 205-1 over different frequency ranges of the frequency band or other frequency bands. In some examples, UE 215 estimates the angle of arrival for transmissions (or portions of a transmission) performed over frequencies that are offset from the first frequency range by ±1 GHz, ±2 GHz, and so on, until an edge of the frequency bandwidth is reached (Horn ¶0098)]; and wherein a first antenna is associated with a first radiation range; and a second antenna is associated with a second radiation range [the other wireless device may modify an antenna configuration so that different components of an antenna array may be used to receive different components of a signal transmitted over different frequency ranges of a wide frequency bandwidth. In some examples, the other wireless device may modify an antenna configuration so that different components of an antenna array may be used to transmit different components of a signal to the wireless device over different frequency ranges of the wide frequency bandwidth—e.g., so the resulting beams point in the direction of the receiving device across a wide frequency bandwidth (Horn ¶0089)]. Horn further discloses employing antenna reception configurations for receiving signals configured based on the received signal of highest signal strength or highest signal-to-noise ratio [The single receive configuration may be aligned in a beam direction determined based on listening according to different receive configuration directions (e.g., a beam direction determined to have a highest signal strength, highest signal-to-noise ratio (SNR), or otherwise acceptable signal quality based on listening according to multiple beam directions) (Horn ¶0082)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim in view of Sahoo to employ wherein the first antenna is associated with a first radiation range; and the second antenna is associated with a second radiation range, as this modification would amount to mere implementation of a known technique to a known device (method, or product) ready for improvement to yield predictable results [allow for reception of different radiation ranges by different antennas to allow for determination of AoA using known techniques] [MPEP § 2143(I)(D)].
Regarding claim 10, Kim in view of Sahoo and Horn teaches
The analyte sensor system of claim 9.
However, while Kim discloses determining device positioning based on received one or more transmissions from the communications device for the purposes of allowing reception and transmission of signals based on signal strength of a particular antenna [Kim ¶0008], Kim in view of Sahoo and Horn as presently modified fails to explicitly disclose wherein the one or more processors are further configured to cause the analyte sensor system to: select the first antenna, using the switching device, when, based on the AOA information, the one or more transmissions are determined to be received in the first radiation rage associated with the first antenna; and select the second antenna, using the switching device, when, based on the AOA information, the one or more transmissions are determined to be received in the second radiation rage associated with the second antenna.
Sahoo discloses determining AOA information associated with one or more transmissions from an external communications device in order to switch to the best antenna for signal transmission [Sahoo ¶¶0042, 0067, 0094].
Horn discloses determining AOA information based on antennas associated with different ranges of radiation [Horn ¶¶0089, 0098].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim in view of Sahoo and Horn to employ wherein the one or more processors are further configured to cause the analyte sensor system to: select the first antenna, using the switching device, when, based on the AOA information, the one or more transmissions are determined to be received in the first radiation rage associated with the first antenna; and select the second antenna, using the switching device, when, based on the AOA information, the one or more transmissions are determined to be received in the second radiation rage associated with the second antenna, as this modification would amount to mere application of a known technique to a known device (method, or product) ready for improvement to yield predictable results [switch antennas based on how each antenna is configured to receive certain radiation ranges] [MPEP § 2143(I)(D)].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Sahoo and Horn, as applied to claim 10 above, in further view of Li (US-20170222318-A1, cited by Applicant).
Regarding claim 11, Kim in view of Sahoo and Horn teaches
The analyte sensor system of claim 10.
However, Kim in view of Sahoo and Horn fails to explicitly disclose wherein the one or more processors are further configured to cause the analyte sensor system to: use the switching device to couple the second antenna to a ground terminal when the first antenna is selected; and use the switching device to couple the first antenna to the ground terminal when the second antenna is selected.
Li discloses systems for switching antennas, wherein Li discloses that different antenna combinations may be coupled to respective ground terminals [intelligent antenna system 1100 may include M antenna units, shown in FIG. 11A as antenna units 1110(1), 1110(2), . . . , 1110(M), with M being a positive integer greater than or equal to 1. The value of M (i.e., the total number of antenna units that antenna system 1100 has), which may be 1,2 or more, may be determined depending on actual requirements of antenna system 1100 (Li ¶0030); Each of antenna units 1110(1)-1110(M) of FIG. 11A may include functional blocks as shown in FIG. 11B. As shown in FIG. 11B, each of antenna units 1110(1)-1110(M) may include an antenna dipole 1111, a plurality of reflectors 1112 surrounding antenna dipole 1111, and a plurality of switches 1113 each corresponding to a respective one of reflectors 1112. Each of switches 1113 may be a two-terminal device having a first terminal and a second terminal, and may couple to the corresponding one of reflectors 1112 on the first terminal thereof, and to an electrical ground of antenna system 1110 on the second terminal thereof (Li ¶0031); Each of the plurality of switches 1113 may have an ON state and an OFF state. When a switch of the plurality of switches 1113 is turned on (i.e., placed in the ON state), the corresponding reflector of the plurality of reflectors 1112 is electrically coupled to the electrical ground, thereby configured to reflect effectively an EM wave radiated from antenna dipole 1111 (Li ¶0032); The plurality of switches 1113 may be controlled by control unit 120 to collectively realize various on-off combinations of the plurality of switches 1113, and each of the on-off combinations may result in a correspondingly different radiation pattern of antenna system 1100. Namely, the various on-off combinations of switches 1113 may result in various radiation patterns of antenna system 1100 which are different from each other. In some embodiments, antenna system 1100 may have a total number of n reflectors, with n being a positive integer greater than or equal to 2. Consequently, the plurality of switches 1113 may collectively realize a total number of 2.sup.n on-off combinations, which translate to a total number of 2.sup.n radiation patterns of antenna system 1100. For example, when n equals to 3, switches 1113 may realize 8 different on-off combinations, and antenna system 1100 may thus have 8 different radiation patterns (Li ¶0034)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim in view of Sahoo and Horn to employ wherein the one or more processors are further configured to cause the analyte sensor system to: use the switching device to couple the second antenna to a ground terminal when the first antenna is selected; and use the switching device to couple the first antenna to the ground terminal when the second antenna is selected, so as to allow for control of radiation patterns of the system.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claim 1 above, in view of Li.
Regarding claim 12, Kim teaches
The analyte sensor system of claim 1, wherein:
the plurality of antennas of the antenna system includes a first antenna, a second antenna, and a third antenna [a first antenna 731 to third antenna 735… a fourth antenna 761 to sixth antenna 765 (Kim ¶0161, Fig. 7)].
However, Kim fails to explicitly disclose wherein the third antenna includes the first antenna selectively coupled to at least the second antenna.
Li discloses systems for switching antennas, wherein Li discloses selectively coupling antennas [Li ¶¶0030-0032, 0034].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim to employ wherein the third antenna includes the first antenna selectively coupled to at least the second antenna, so as to allow for control of radiation patterns of the system.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Li, as applied to claim 12 above, in further view of Chiang (US-20020036595-A1).
Regarding claim 13, Kim in view of Li teaches
The analyte sensor system of claim 12, wherein:
the first antenna is disposed above a first surface of the circuit board [Kim ¶¶0040-0041, 0111, Fig. 4A-B; wherein without particular relative orientations, the first antenna may be considered to be disposed above any non-particular surface of the circuit board];
the second antenna is disposed below a second surface of the circuit board [Kim ¶¶0040-0041, 0111, Fig. 4A-B; wherein without particular relative orientations, the second antenna may be considered to be disposed above any non-particular surface of the circuit board].
However, Kim in view of Li fails to explicitly disclose wherein the first antenna is configured to operate as a directing antenna element when the third antenna is used to transmit a signal; and the second antenna is configured to operate as a reflecting antenna element when the first antenna is used to transmit a signal.
Chiang discloses systems for wireless communication, wherein Chiang discloses wherein a first antenna is configured to operate as a directing antenna element when a coupled antenna comprising the first antenna and a second antenna is used to transmit a signal; and wherein the second antenna is configured to operate as a reflecting antenna element when the first antenna is used to transmit a signal [According to the principles of the present invention, the directive antenna includes multiple antenna elements in an antenna assemblage. A feed network connected to the antenna elements includes at least one switch to select a state of one of the antenna elements to be in an active state in response to a control signal. The other antenna elements are in a passive state, electrically coupled to an impedance to be in a reflective state. The antenna elements in the passive state are electromagnetically coupled to the selected active antenna element, allowing the antenna assemblage to directionally transmit and receive signals (Chiang ¶0009); The antenna elements 305 are mechanically coupled to a base 310, which includes a ground plane on the upper surface of the base. By arranging the antenna elements 305 in a circular pattern, the directive antenna 215 can scan discretely in 360, at 72 intervals, as indicated by beams 315a, 315b, . . . , 315e corresponding to antenna elements 305 (A-E). In other words, one antenna element 305 is active at any one time as provided by feed network 300. Thus, if antenna A is active, then a respective antenna beam 315a is produced, since antenna elements B-E are in a reflective mode while antenna A is active. Similarly, the other antenna elements 305 produce beams, when active, in a direction away from the reflective antenna elements. It should be understood that the directive antenna is merely exemplary in antenna element count and configuration and that more or fewer antenna elements 305 and configuration changes may be employed without departing from the principles of the present invention (Chiang ¶0033, Fig. 4), wherein the directive antenna 215 (comprising antennas A-E) being configured to allow for antenna A to be active in a particular direction to allow for antenna 215 to transmit a signal, and wherein antennas B-E are reflective while antenna A (as part of antenna 215) transmits a signal is considered to read on the claimed functional limitations].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Chiang to employ wherein the first antenna is configured to operate as a directing antenna element when the third antenna is used to transmit a signal; and the second antenna is configured to operate as a reflecting antenna element when the first antenna is used to transmit a signal, as this modification would amount to mere application of a known technique to a known device (method, or product) ready for improvement to yield predictable results [facilitate omni-directional signal transmission and reception] [MPEP § 2143(I)(D)].
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Li, as applied to claim 12 above, in further view of Chen et al. (“ANTENNAS FOR BASE STATIONS IN WIRELESS COMMUNICATIONS”, NPL cited and attached by Applicant).
Regarding claim 14, Kim in view of Li teaches
The analyte sensor system of claim 12, wherein:
the first antenna disposed along a first segment of an edge of the circuit board [Kim ¶¶0040-0041; With reference to FIG. 4A, as shown in 403, an electronic device 401 may have a plurality of antennas, for example a first antenna 410 to a sixth antenna 460. The first antenna 410 of the plurality of antennas may be provided in a lower area of the electronic device 401, the second antenna 420 may be provided in a lower corner area of the right side of the electronic device 401, the third antenna 430 may be provided in a lower corner area of the left side of the electronic device 401, the fourth antenna 440 may be provided in an upper area of the electronic device 401, the fifth antenna 450 may be provided in an upper corner area of the right side of the electronic device 401, and the sixth antenna 460 may be provided in an upper corner area of the left side of the electronic device 401. The first antenna 410 to the sixth antenna 460 may transmit and receive a wireless signal of the same frequency band or different frequency bands (Kim ¶0111, Fig. 4A-B)]; and
the second antenna disposed along a second segment of the edge of the circuit board [Kim ¶¶0040-0041, 0111, Fig. 4A-B].
However, Kim in view of Li fails to explicitly disclose wherein the first antenna comprises an inverted-L antenna, and wherein the second antenna comprises a planar inverted-F antenna.
Chen discloses known types of antennas for wireless communications, including inverted-L/F antennas [A planar inverted-L/F antenna is an improved version of the monopole antenna… Advantages: Reduced height Reduced backward radiation Moderate to high gain in both vertical and horizontal polarizations (Chen p. 18-19)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim in view of Li to employ wherein the first antenna comprises an inverted-L antenna, and wherein the second antenna comprises a planar inverted-F antenna, as inverted L-F antennas are considered to allow for reduced height and backward radiation, as well as allow for moderate to high gain in vertical/horizontal polarizations; and as this modification would amount to mere simple substitution of known elements for another with similar expected results [allow for wireless communication] [MPEP § 2143(I)(B)].
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Li, as applied to claim 12 above, in further view of Shiu (US-20140240195-A1).
Regarding claim 15, Kim in view of Li teaches
The analyte sensor system of claim 12.
However, Kim in view of Li fails to explicitly disclose wherein: the first antenna comprises a trace antenna; and the second antenna comprises a stamp antenna.
Shiu discloses electronic device systems comprising antennas, wherein Shiu discloses known types of antennas include trace antennas and stamp antennas [The antenna resonating elements may be formed from metal traces on a dielectric support structure that surrounds the antenna ground. The antenna ground may be formed form stamped sheet metal and may have slanted steps adjacent to the antenna resonating elements (Shiu ¶0007); Wireless electronic devices such as wireless electronic device 10 of FIG. 1 may contain wireless circuitry. The wireless circuitry of wireless electronic device 10 may include radio-frequency transceiver circuitry and associated antenna structures for transmitting and receiving wireless signals. Electronic device 10 may be a handheld electronic device such as a portable media player or cellular telephone, may be a portable computer such as a tablet computer or laptop computer, may be a desktop computer, may be a television, may be a wireless access point or other wireless base station, may be a computer monitor, may be a set-top box, may be a gaming console, or may be other electronic equipment (Shiu ¶0021)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim in view of Li to employ wherein: the first antenna comprises a trace antenna; and the second antenna comprises a stamp antenna, as this modification would amount to mere simple substitution of known elements for another with similar expected results [allow for wireless communication] [MPEP § 2143(I)(B)].
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Li, as applied to claim 12 above, in further view of Choudhury (US-9070977-B2).
Regarding claim 16, Kim in view of Li teaches
The analyte sensor system of claim 12.
However, Kim in view of Li fails to explicitly disclose wherein: the first antenna comprises a slot antenna; and the second antenna comprises a spiral antenna.
Choudhury discloses systems comprising a plurality of antennas, wherein Choudhury discloses known types of antennas include slot antennas and spiral antennas [Each planar antenna 210 comprises a conductive sheet selectively designed to transmit and receive wireless signals and may be formed directly on the first substrate 220. A design of each planar antenna 210 may be developed by defining metal patterns on the substrates. In another embodiment, each planar antenna 210 is formed on an intermediate substrate which is affixed to the first substrate 220. Each planar antenna 210 may be a patch, slot, spiral, or any other suitable antenna structure to provide elevation beam coverage. One or more different types of planar antennas 210 may be used to form an array on the first substrate 220 (Choudhury Col 4:33-43)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim in view of Li to employ wherein: the first antenna comprises a slot antenna; and the second antenna comprises a spiral antenna, as this modification would amount to mere simple substitution of known elements for another with similar expected results [allow for wireless communication] [MPEP § 2143(I)(B)].
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claim 1 above, in view of Shiu.
Regarding claim 17, Kim teaches
The analyte sensor system of claim 1.
However, Kim fails to explicitly disclose wherein the plurality of antennas of the antenna system includes at least one of a patch antenna, a slot antenna, a trace antenna, a spiral antenna, a stamp antenna, an inverted-F antenna, or an inverted-L antenna.
Shiu discloses electronic device systems comprising an antenna, wherein Shiu discloses known types of antennas include trace antennas and stamp antennas [Shiu ¶¶0007, 0021].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim in view of Li to employ wherein: the first antenna comprises a trace antenna; and the second antenna comprises a stamp antenna, as this modification would amount to mere simple substitution of known elements for another with similar expected results [allow for wireless communication] [MPEP § 2143(I)(B)].
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claim 1 above, in view of Onaka (US-20130162488-A1).
Regarding claim 18, Kim teaches
The analyte sensor system of claim 1.
However, Kim fails to explicitly disclose wherein the plurality of antennas of the antenna system includes at least one quarter-wave antenna configured to transmit a signal at an operating frequency of 2.4 GHz.
Onaka discloses systems comprising antenna systems, wherein Onaka discloses a quarter-wave antenna configured to transmit a signal at an operating frequency of 2.4 GHz [Because the electrical length of the radiating electrode 20 of the monopole antenna section 2 is set to one-quarter of the wave length corresponding to 2.4 GHz, when the signal S1 at 2.4 GHz is fed from the feed section 110, as illustrated in FIG. 5, the radiating electrode 20 of the monopole antenna section 2 resonates in such a way that the current is at a minimum at the distal end 22, and the current is at a maximum Imax at the proximal end 21 (Onaka ¶0056)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kim to employ wherein the plurality of antennas of the antenna system includes at least one quarter-wave antenna configured to transmit a signal at an operating frequency of 2.4 GHz, as this modification would amount to mere simple substitution of known elements for another with similar expected results [allow for wireless communication] [MPEP § 2143(I)(B)].
Conclusion
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/SEVERO ANTONIO P LOPEZ/Examiner, Art Unit 3791
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