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 .
Status of Claims
Claims 1-20 are pending.
Claim Objections
Claim 2 is objected to because of the following informalities: replace “at” in line 4 with “as”. Appropriate correction is required.
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 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) 1-4, 6-11, 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Istoc [US 20110050428].
As to claim 1. Istoc discloses A method comprising:
receiving data related to a diabetic condition of a user, [0029] receive glucose sensor data;
detecting, based on the data related to the diabetic condition of the user, a triggering event for communicating a diabetes-related alert to the user, [fig. 6, 0029, 0070] generate alert based on received glucose sensor data of the user;
selecting, based on the triggering event, a first priority sensory channel in a hierarchy of sensory channels for providing the diabetes-related alert, [fig. 6, 0055, 0071, 0072] determine alerting scheme for the detected alert condition, and activate a single alert from a plurality of alert schemes in a defined sequence;
delivering the diabetes-related alert to the user using the first priority sensory channel, [fig. 6, 0056, 0072] generate the alert using the selected notification type, the type can be one of audible, visual, haptic;
determining that a user acknowledgement failed to be received in response to the diabetes-related alert after the diabetes-related alert has been delivered a pre-defined number of times or for a pre-defined period of time via the first priority sensory channel, [fig. 6, 0056, 0072] the sequence of alerts is generated until the alert is disabled by the user;
in response to the failure to receive the user acknowledgement in response to the diabetes-related alert being delivered via the first priority sensory channel the pre-defined number of times or for the predefined period of time, [0055, 0056], selecting a second priority sensory channel in the hierarchy of sensory channels for providing the diabetes-related alert, [fig. 6, 0056, 0072] generate the second preferred alert if the first alert is not disabled by the user within the predetermined period of time; and
delivering the diabetes-related alert to the user using the second priority sensory channel, [0056, 0072], wherein the second priority sensory channel is configured as a higher priority sensory channel than the first priority sensory channel, [0055] the alert is escalated to the next sequence of alert type.
As to claim 2. Istoc discloses The method of claim 1, wherein the diabetes-related alert is initiated via the second priority sensory channel via a first alert type or first priority level, [0055, 0056] alert escalated to the second alert type, the method further comprising: delivering the diabetes-related alert via the second priority sensory channel at a second alert type, [0055, 0056] or a second priority level that is configured to utilize a greater amount of battery power than via a first alert type or first priority level.
As to claim 3. Istoc discloses The method of claim 1, wherein the diabetes related alert is provided via the second priority sensory channel in addition to first priority sensory channel, [0053] the alert can be provided using the plurality of alerting elements.
As to claim 4. Istoc discloses The method of claim 1, wherein the first priority sensory channel is a haptic channel or a visual channel, and wherein the second priority sensory channel is an auditory channel, [0056].
As to claim 6. Istoc discloses The method of claim 5, wherein the increased priority level causes an increased intensity of the alert within the first priority sensory channel, [0055] alert escalated.
As to claim 7. Istoc discloses The method of claim 6, wherein the increased intensity comprises an increased intensity of a visual display when the first sensory channel is a visual channel, [0059], wherein the increased intensity comprises an increased volume level when the first sensory channel is an auditory channel, [0055], and wherein the increased intensity comprises an increased vibration when the first sensory channel is a haptic channel, [0055].
As to claim 8. Istoc discloses The method of claim 5, wherein the increased priority level causes a change in a modality of the alert of a plurality of distinct modalities provided within the first priority sensory channel, [0055, 0056].
As to claim 9. Istoc discloses The method of claim 8, wherein, when the first sensory channel is a visual channel, the plurality of distinct modalities comprises at least one of a display of a message on a visual display, a flash or change of state of a light emitting diode (LED) or other light on a device, or a visual control of another device, [fig. 1, 0032, 0033, 0040, 0043]; and wherein, when the first sensory channel is an auditory channel, the plurality of distinct modalities comprises at least one of a speech alert that includes a name of the user or another spoken message or another auditory sound or alert notification, [0054].
As to claim 10. Istoc discloses The method of claim 1, wherein the diabetes-related alert is delivered via a user device, [fig. 1, 0023], and wherein the diabetes-related alert is provided via at least one of the first sensory channel or the second sensory channel based on an indication from a sensor on the user device, [0027].
As to claim 11. Istoc discloses The method of claim 1, wherein the first priority sensory channel comprises a non-audible sensory channel, [0055] visual, and wherein the second priority sensory channel comprises an audible sensory channel, [0055] audible.
As to claim 13. Istoc discloses The method of claim 1, further comprising: determining that at least one priority sensory channel of the hierarchy of sensory channels is unavailable for providing the diabetes-related alert based on a characteristic of the user or a time of day, [0032] a preferred notification type can be determined to be ineffective based on the detected environment; and selecting the second priority sensory channel in the hierarchy of sensory channels based on the at least one priority sensory channel being determined to be unavailable, [0032] select a second notification type based on the detected environment.
As to claim 14. Istoc discloses The method of claim 1, wherein the received data is data from a continuous glucose monitor, [0023, 0040].
As to claim 15. Istoc discloses The method of claim 14, wherein the triggering event is detected when the received data from the continuous glucose monitor indicates a glucose level above an upper threshold or below a lower threshold, [0003, 0].
As to claim 16. Istoc discloses An apparatus comprising:
a communication circuit, [fig. 8, 0036] bus 426; and
a processor, [fig. 8, 0038, 0042] processing architecture 402, configured to:
perform the steps as claimed in claim 1, and are rejected using the same prior arts and reasoning as to that of claim 1.
As to claim 17. Istoc discloses The apparatus of claim 16, further comprising: a motor, [0053] vibrating element; a display, [0053] display screen; and a speaker, [0053] speaker, and wherein the first priority sensory channel is a haptic channel on which the diabetes-related alert is provided via the motor or a visual channel on which the diabetes-related alert is provided via the display, [0055, 0056] generate the alert using the selected notification type, the type can be one of audible, visual, haptic, and wherein the second priority sensory channel is an auditory channel on which the diabetes-related alert is provided via the speaker, [0055, 0056, 0072].
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 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) 5, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Istoc in view of Bryant et al. [US 20090254037].
As to claim 5. Istoc discloses The method of claim 1, wherein the pre-defined number of times comprises a first pre-defined number of times, wherein the pre-defined period of time comprises a first pre-defined period of time, [0055, 0056], the method further comprising: in response to the failure to receive the user acknowledgement in response to the diabetes-related alert being delivered via the first priority sensory channel a second pre-defined number of times or for a second predefined period of time, delivering the diabetes-related alert to the user at an increased priority level using the first priority sensory channel before using the second priority sensory channel, [0055] escalate the volume, tone or frequency of the audible alert after a predetermined period of time.
Istoc fails to explicitly disclose wherein the second pre-defined number of times is less than the first predefined number of times, and wherein the second predefined period of time is less than the first predefined period of time.
Bryant teaches a method and system for controlling an infusion pump that provides an alert in an escalated manner based on a user’s response wherein the system provides an audible alert in the first alert, where the audible alert is escalated if the user does not respond in a more regular period than an equal length period before changing the alert type, [0184].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Istoc with that of Bryant so that the system can use the same alert type with varying intensity before changing the alert type to reduce alert desensitization.
As to claim 18. Is rejected using the same prior arts and reasoning as to that of claim 5.
As to claim 19. Is rejected using the same prior arts and reasoning as to that of claims 6 and 7.
Claim(s) 12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Istoc in view of Davis et al. [US 20170311904].
As to claim 12. Istoc discloses The method of claim 1, wherein the diabetes-related alert is delivered via the first priority sensory channel at a first device, [0023] visual alert generated on the user device.
Istoc fails to disclose wherein the diabetes-related alert is delivered via the second priority sensory channel by transmitting a message to a second device that is configured to cause the second device to deliver the diabetes-related alert via the second priority sensory channel.
Davis teaches a system and method for host monitoring comprising a device to monitor diabetes related alert of a user, [abs.]; wherein the alert can be escalated to a connected device when the initial alert is not acknowledged within a predetermined period of time, [0253].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Istoc with that of Davis so that the system can notify a medical personnel incase the user is not responsive.
As to claim 20. Is rejected using the same prior arts and reasoning as to that of claim 12.
Conclusion
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/Benyam Haile/Primary Examiner, Art Unit 2688
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