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 .
Priority
This application is based on and claims priority under 35 USC 119 from Japanese Patent Application No. 2023-177880 filed on Oct. 13, 2023, the disclosure of which is incorporated by reference herein.
DETAILED ACTION
This Office Action is in response to an amendment Application received on 04/14/2026. In the application, claims 1-2, 7, and 9-10 have been amended. Claims 11-13 have been added as new claims. No claim has been cancelled. Claims 3-6 and 8 remain original.
For this Office Action, claims 1-13 have been received for consideration and have been examined.
Response to Arguments
Claim Rejections – 35 USC § 101
Applicant’s amendments to claims have been reviewed and amendments have overcome the 35 USC § 101 Abstract Idea rejection. Therefore, this rejection has been withdrawn.
Claim Rejections – 35 USC § 102
Applicant’s arguments, filed 04/14/2026, with respect to the rejection(s) of claim(s) under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of new amendments to the claims.
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.
Claim(s) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hampauram et al., (US20160210099A1) hereinafter referred as Ham in view of Kusens., (US20160226883A1).
Regarding claim 1, Ham discloses:
A measurement system, comprising:
a measurement device (i.e., Continuous glucose sensor system 100) that includes a first processor (i.e., a processor [0057]) and a first communication interface (i.e., a wireless transmitter 101), the first processor configured to control operation of the measurement device that acquires a measurement result of biological information of a user and the first communication interface configured to transmit and receive data via a wireless communication including a first communication unit and a second communication unit ([0057] Continuous glucose sensor system 100 may include a number of components to obtain glucose measurements, store the data, calculate glucose levels, communicate with dedicated display 104 a and display 106 a, and perform other tasks; [0058] the continuous glucose sensor system 100 may include wired ports, such as a USB port, Ethernet port, and others, for communicating with other devices and providing data relating to glucose levels),
the first communication unit performing communication by a first communication method and the second communication unit performing communication by a second communication method different from the first communication method ([0058] the continuous glucose sensor system 100 may include wired ports, such as a USB port, Ethernet port, and others, for communicating with other devices and providing data relating to glucose levels; [0076] The type of wireless connection between the continuous glucose sensor system 100 and the first display device need not be the same type of connection as between the continuous glucose sensor system 100 and the second display device. For example, the continuous glucose sensor system 100 may connect with the first display device using a RF connection and with the second display device using a connection, such as a Bluetooth connection);
a terminal device (i.e., smart phone 106a) that includes a second processor and a second communication interface including a terminal communication unit that performs communication with the first communication unit of the measurement device ([0057] The wireless transmitter 101 may provide any type of wireless communications 102 a and 102 b, including a Bluetooth connection, WiFi connection, RF connection, and others. The wireless communications 102 a and 102 b may occur, in some embodiments, between paired, authenticated devices, and may use encryption and other cryptographic techniques to ensure that communications remain confidential; [0067] Display 106 a can be any type of display associated with a personal computer, tablet, or smart phone that can execute applications for displaying data relating to glucose levels. As a result, display 106 a includes all of the hardware components associated with personal computing devices, including processor(s), memory, wireless connections, a USB port, and others); and
a notification device (i.e., display 104 a) that includes a third processor and a third communication interface including a notification communication unit that performs communication with the second communication unit of the measurement device by the second communication method, and a notification unit that provides notification of information ([0061] The system of FIG. 1 coordinates communication among continuous glucose sensor system 100, dedicated display 104 a, and display 106 a to ensure consistent operations; [0062] the continuous glucose sensor system 100 first communicates with dedicated display 104 a by providing, for example, data relating to glucose levels over the last five minutes, the dedicated display 104 a will present that glucose data to the user. However, if the continuous glucose sensor system 100 next communicates with display 106 a and receives a calibration command, the continuous glucose sensor system 100 may then calculate new glucose levels).
Ham fails to disclose:
wherein when the measurement device is not connected with the notification device, the first processor monitors whether the terminal device is at a communicable distance, in response to monitor result that the terminal device is at a communicable distance, the first processor establishes lower security communication between the measurement device and the terminal device, the first processor further determines whether the measurement device and the notification device are connected, in response to a determination that the measurement device and the notification device are connected, the first processor further transmits a passcode to the terminal device and the measurement result to the notification device such that the terminal device switches the lower security communication to higher security communication based on the passcode.
However, Kusens discloses:
wherein when the measurement device is not connected with the notification device, the first processor monitors whether the terminal device is at a communicable distance, in response to monitor result that the terminal device is at a communicable distance ([0019] step F1 d, once an authorized user is logged in, if the authentication signal's strength between the wireless transmitter/user's cell phone and the wireless receiver drops below the configurable signal strength threshold for longer than the configurable, predetermined and/or preprogrammed time threshold programmed in the access control system, the user's login session is terminated and he or she must log in again using the steps described above),
the first processor establishes lower security (i.e., WiFi and Bluetooth are considered as lower security communication protocol which are used when user is outside the configurable signal strength threshold for longer than the configurable time threshold) communication between the measurement device and the terminal device, the first processor further determines whether the measurement device and the notification device are connected ([0022] FIG. 1. The system can be configured in such a manner as to define which specific wireless signal type(s) must fall below the configurable signal strength and duration to initiate a log out event. As a non-limiting example, NFC, Bluetooth and RF signals may be configured to work for the login authentication but WiFi and Bluetooth only for the logout process. The termination procedure is described in F2 e; [0023] In a second idle scenario the authorized user signal strength is not sufficient, but the predetermined period of time for the signal not being sufficient has not been reached for the system to automatically logout the authorized user (i.e. through the first method of automatic logout discussed above)),
in response to a determination that the measurement device and the notification device are connected, the first processor further transmits a passcode to the terminal device and the measurement result to the notification device such that the terminal device switches the lower security communication to higher security communication based on the passcode ([0035] At F3 c, the access control system compares the credentials or other biometric information the user has inputted to those in an electronic file where credentials for authorized users are stored and maintained. If a user enters valid login credentials, and the wireless receiver detects the requisite authorization signal's strength above the minimum threshold, then access to the restricted access system is granted. If any of these conditions are not met, then access is denied. Additionally, if the user inputs invalid credentials or biometrics in general, and/or the credentials or biometrics entered, though proper, do not match the credentials or biometrics for the user associated with the received authorized signal, access to the system is denied).
It would have been obvious to an ordinary skill in the art before the effective filing date of the claimed invention to modify the communication monitoring system of Ham and include restricted access control system comprising controlling access based on signal strength between the connected devices, as disclosed by Kusens.
The motivation to combine the systems of Ham and Kusens and measure signal strength and relating it to distance is important because it helps detect and mitigate risks such as wardriving, and unauthorized access.
Regarding claim 2, the combination of Ham and Kusens discloses:
The measurement system according to claim 1, wherein: the higher security communication is performed by inputting the passcode for establishing communication to the terminal device, and lower security communication, of which a security level is lower than a security level of the higher security communication and is performed without using the passcode (Ham: [0081] At step 206, the continuous glucose sensor system 100 may exchange an application key with the connected display devices. Step 206 is an optional step that occurs in some embodiments. Communications may initially be established using a fixed key. The fixed key can be based on a transmitter identifier or a portion of a transmitter identifier printed on the continuous glucose sensor system 100 or transmitter 101. The user may enter the transmitter identifier into the dedicated display 104 a and display 106 a to establish communications. The transmitter identifier may also be sent from continuous glucose sensor system 100 to the dedicated display 104 a and display 106 a, so that a comparison can be made between the transmitter identifier received from the continuous glucose sensor system 100 and the transmitter identifier entered by a user. When the transmitter identifiers match, communications may be allowed, or additional security steps may occur to further authenticate the two devices. When the transmitter identifiers do not match, the requested connection may be denied).
Regarding claim 3, the combination of Ham and Kusens discloses:
The measurement system according to claim 2, wherein the passcode is a code unique to the measurement device ([0081]).
Regarding claim 4, the combination of Ham and Kusens discloses:
The measurement system according to claim 2, wherein the passcode is randomly generated by the measurement device ([0081]).
Regarding claim 5, the combination of Ham and Kusens discloses:
The measurement system according to claim 3, wherein the notification device provides notification of the passcode using the notification unit in a case in which the measurement device is in communication with the notification device ([0081]).
Regarding claim 6, the combination of Ham and Kusens discloses:
The measurement system according to claim 5, wherein the notification unit of the notification device is a display, and the notification device provides notification of the passcode by displaying the passcode on the display ([0081]).
Regarding claim 7, the combination of Ham and Kusens discloses:
The measurement system according to claim 1, wherein the first processor further determines whether the notification device is in a first mode or a second mode, the first mode represents that notification of the measurement result is transmitted to the notification device and the second mode represents that notification of the passcode is transmitted to the notification device (Kusens: ([0022] FIG. 1. The system can be configured in such a manner as to define which specific wireless signal type(s) must fall below the configurable signal strength and duration to initiate a log out event. As a non-limiting example, NFC, Bluetooth and RF signals may be configured to work for the login authentication but WiFi and Bluetooth only for the logout process. The termination procedure is described in F2 e; [0023] In a second idle scenario the authorized user signal strength is not sufficient, but the predetermined period of time for the signal not being sufficient has not been reached for the system to automatically logout the authorized user (i.e. through the first method of automatic logout discussed above; [0035] At F3 c, the access control system compares the credentials or other biometric information the user has inputted to those in an electronic file where credentials for authorized users are stored and maintained. If a user enters valid login credentials, and the wireless receiver detects the requisite authorization signal's strength above the minimum threshold, then access to the restricted access system is granted. If any of these conditions are not met, then access is denied. Additionally, if the user inputs invalid credentials or biometrics in general, and/or the credentials or biometrics entered, though proper, do not match the credentials or biometrics for the user associated with the received authorized signal, access to the system is denied).
It would have been obvious to an ordinary skill in the art before the effective filing date of the claimed invention to modify the communication monitoring system of Ham and include restricted access control system comprising controlling access based on signal strength between the connected devices, as disclosed by Kusens.
The motivation to combine the systems of Ham and Kusens and measure signal strength and relating it to distance is important because it helps detect and mitigate risks such as wardriving, and unauthorized access.
Regarding claim 8, the combination of Ham and Kusens discloses:
The measurement system according to claim 7, wherein the measurement device stops communication with the terminal device in a case in which the notification device is switched to the first mode, and the measurement device performs communication with the terminal device in a case in which the notification device is switched to the second mode (Ham: [0072] As a result, in one embodiment, each continuous glucose sensor system 100 may limit the number of devices that it connects with, and only connect with paired, authenticated devices in a secure fashion. For example, the continuous glucose sensor system 100 may connect to only a single dedicated display 104 a and display 106 a at a given time. Limiting the number of devices with which the continuous glucose sensor system 100 can communicate during a particular session also saves battery life of the sensor 100).
Regarding claim 9, the combination of Ham and Kusens discloses:
The measurement system according to claim 8, wherein, when the notification device is switched from the first mode to the second mode, the higher security communication is performed between the measurement device and the terminal device (Ham: [0081]).
Regarding claim 10, the combination of Ham and Kusens discloses:
The measurement system according to claim 1, wherein, in the higher security communication and the measurement device is in communication with the notification device, the notification device provides notification of identification information of the terminal device (Ham: [0081]).
Regarding claim 11, the combination of Ham and Kusens discloses:
The measurement system according to claim 1, wherein the second processor transmits a connection request to the measurement device, the connection request including the passcode and a terminal device identification (Kusens: [0025] At F2 e, if any of the logout procedures described in F2 b-F2 d occur, the access control system can terminate all read/write access to the secured access system. The terminal can be reset to a login screen, and a user must then enter login credentials to gain or regain access to the secured access system or begin the process described in FIG. 1 again).
It would have been obvious to an ordinary skill in the art before the effective filing date of the claimed invention to modify the communication monitoring system of Ham and include restricted access control system comprising controlling access based on signal strength between the connected devices, as disclosed by Kusens.
The motivation to combine the systems of Ham and Kusens and measure signal strength and relating it to distance is important because it helps detect and mitigate risks such as wardriving, and unauthorized access.
Regarding claim 12, the combination of Ham and Kusens discloses:
The measurement system according to claim 11, wherein the first processor determines whether to establish communication by authenticating the connection request and transmits a connection response to establish the communication and perform pairing with the terminal device (Kusens: [0025] At F2 e, if any of the logout procedures described in F2 b-F2 d occur, the access control system can terminate all read/write access to the secured access system. The terminal can be reset to a login screen, and a user must then enter login credentials to gain or regain access to the secured access system or begin the process described in FIG. 1 again).
It would have been obvious to an ordinary skill in the art before the effective filing date of the claimed invention to modify the communication monitoring system of Ham and include restricted access control system comprising controlling access based on signal strength between the connected devices, as disclosed by Kusens.
The motivation to combine the systems of Ham and Kusens and measure signal strength and relating it to distance is important because it helps detect and mitigate risks such as wardriving, and unauthorized access.
Regarding claim 13, the combination of Ham and Kusens discloses:
The measurement system according to claim 12, wherein the second processor shares an encryption key with the measurement device (Ham: [0081] & [0095]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M AHSAN whose telephone number is (571)272-5018. The examiner can normally be reached 8:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Korzuch can be reached at 571-272-7589. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYED M AHSAN/Primary Examiner, Art Unit 2491
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