Prosecution Insights
Last updated: July 17, 2026
Application No. 18/917,241

MINIATURIZED ANALYTE SENSOR

Non-Final OA §DP
Filed
Oct 16, 2024
Priority
Nov 16, 2018 — divisional of 11/382,541 +1 more
Examiner
KRETZER, KYLE W.
Art Unit
Tech Center
Assignee
Medtronic Minimed Inc.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
1y 9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
109 granted / 170 resolved
+4.1% vs TC avg
Strong +44% interview lift
Without
With
+43.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
32 currently pending
Career history
221
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
83.3%
+43.3% vs TC avg
§102
4.8%
-35.2% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 170 resolved cases

Office Action

§DP
CTNF 18/917,241 CTNF 95417 DETAILED ACTION Claims 1-20 are hereby under examination. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/10/2025 is being considered by the examiner. Claim Warnings 07-05-05 Applicant is advised that should claim 6 be found allowable, claim 20 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim Objections Claims 7, 15, 16, and 19 are objected to because of the following informalities: Regarding claim 7, line 1 recites “the glucose concentration value”, however it appears it should read --the glucose concentration-- to maintain consistent claim language. Regarding claim 7, line 2 recites “the basis”, however it appears it should read -- a basis-- (emphasis added). Regarding claim 7, line 3 recites “the steady-state section”, however it appears it should read -- a steady-state section-- (emphasis added). Regarding claim 15, line 3 recites “the basis”, however it appears it should read -- a basis-- (emphasis added). Regarding claim 16, line 2 recites “the basis”, however it appears it should read -- a basis-- (emphasis added). Regarding claim 19, line 1 recites “the glucose concentration value”, however it appears it should read --the glucose concentration-- to maintain consistent claim language. Regarding claim 19, line 2 recites “the basis”, however it appears it should read -- a basis-- (emphasis added). Regarding claim 19, line 3 recites “the steady-state section”, however it appears it should read -- a steady-state section-- (emphasis added). Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-12 of U.S. Patent No. US 12144621 B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because : Instant Application: 18/917,241 Reference Patent: US 12144621 B2 1. A method of calibrating a sensor, comprising: applying one or more voltage pulses to a working electrode of a sensor probe; measuring, using a current sensor, a set of one or more current responses corresponding to the applied one or more voltage pulses, wherein the set of one or more current responses form a quasi-Cottrell profile that approximates a portion of a Cottrell curve; comparing a characteristic of the quasi-Cottrell profile to sets of predetermined Cottrell profiles; and calibrating the current sensor based on the comparison. 6. The method of claim 1, further comprising determining a glucose concentration using the calibrated current sensor. 1. A method of operating a sensor for sensing glucose concentrations, comprising: applying, using a voltage controller, multiple voltage pulses to a working electrode of a two-electrode sensor probe; measuring, using a current sensor, a set of current responses corresponding to the applied multiple voltage pulses, wherein the set of current responses together form a quasi-Cottrell profile that approximates a portion of a Cottrell curve; analyzing, using a processor, the set of measured current responses; calibrating, using the processor, the current sensor on the basis of the analyzed set of measured current responses corresponding to the applied multiple voltage pulses, wherein calibrating the current sensor comprises comparing a characteristic of the quasi-Cottrell profile determined based on the analyzed set of measured current responses to sets of predetermined Cottrell profiles; determining, using the processor, a glucose concentration value on the basis of the calibrated current sensor based on the comparison of the analyzed set of measured current responses to the sets of predetermined Cottrell profiles; and transmitting, using a transmitter, the determined glucose concentration value to a receiver. 2. The method of claim 1, further comprising applying multiple voltage pulses to a counter electrode of the sensor probe to regenerate the sensor probe. 2. The method of claim 1, further comprising applying multiple voltage pulses to a counter electrode of the two-electrode sensor probe to regenerate the sensor probe. 3. The method of claim 1, wherein the quasi-Cottrell profile has a run-in section and a steady-state section, and wherein calibrating the current sensor comprises calibrating the current sensor on the basis of an analysis of the run-in section. 3. The method of claim 1, wherein the quasi-Cottrell profile has a run-in section and a steady-state section, and wherein calibrating the current sensor comprises calibrating the current sensor on the basis of an analysis of the run-in section. 4. The method of claim 3, wherein calibrating the current sensor comprises calibrating the current sensor on the basis of a measured rate of change of current with respect to time in the run-in section. 4. The method of claim 3, wherein calibrating the current sensor comprises calibrating the current sensor on the basis of a measured rate of change of current with respect to time in the run-in section. 5. The method of claim 3, wherein comparing the characteristic of the quasi-Cottrell profile to the sets of predetermined Cottrell profiles comprises comparing the measured run-in section of the set of current responses with one or more run-in sections of pre-determined Cottrell profiles of the sets of predetermined Cottrell profiles. 5. The method of claim 3, wherein analyzing the set of measured current responses comprises comparing the measured run-in section of the set of current responses with one or more run-in sections of pre-determined Cottrell profiles of the sets of predetermined Cottrell profiles. 7. The method of claim 6, wherein determining the glucose concentration value comprises determining the glucose concentration on the basis of an instantaneous current measurement measured by the current sensor in the steady-state section. 6. The method of claim 3, wherein determining the glucose concentration value comprises determining the glucose concentration on the basis of an instantaneous current measurement measured by the current sensor in the steady-state section. 8. The method of claim 1, wherein applying the one or more voltage pulses comprises applying the one or more voltage pulses in periodic blocks, wherein a total application time of the periodic blocks is about one hundred seconds in every five hundred seconds. 7. The method of claim 1, wherein applying the multiple voltage pulses comprises applying the multiple voltage pulses in periodic blocks, wherein a total application time of the periodic blocks is about one hundred seconds in every five hundred seconds. 9. The method of claim 1, wherein the sensor probe has a size to allow the sensor probe to be implantable by a needle of size 26-gauge or below. 8. The method of claim 1, wherein the sensor probe has a size to allow the sensor probe to be implantable by a needle of size 26-gauge or below. 10. The method of claim 1, wherein the one or more voltage pulses are separated by a constant rest time. 9. The method of claim 1, wherein the multiple voltage pulses are separated by a constant rest time. 11. The method of claim 1, wherein the characteristic of the quasi-Cottrell profile is indicative of sensor drift. 10. The method of claim 1, wherein the characteristic of the quasi-Cottrell profile is indicative of sensor drift. 12. The method of claim 1, wherein comparing the characteristic of the quasi-Cottrell profile to the sets of predetermined Cottrell profiles comprises selecting a predetermined Cottrell profile associated with a characteristic that matches the characteristic of the quasi-Cottrell profile. 11. The method of claim 1, wherein comparing the characteristic of the quasi-Cottrell profile to the sets of predetermined Cottrell profiles comprises selecting a predetermined Cottrell profile associated with a characteristic that matches the characteristic of the quasi-Cottrell profile. 13. The method of claim 12, wherein calibrating the current sensor comprises determining a known glucose concentration associated with the matching predetermined Cottrell profile. 12. The method of claim 11, wherein calibrating the current sensor comprises determining a known glucose concentration associated with the matching predetermined Cottrell profile. 14. A system comprising: one or more processors; and one or more processor-readable media storing instructions which, when executed by one or more processors, cause performance of: applying one or more voltage pulses to a working electrode of a sensor probe; measuring, using a current sensor, a set of one or more current responses corresponding to the applied one or more voltage pulses, wherein the set of one or more current responses form a quasi-Cottrell profile that approximates a portion of a Cottrell curve; comparing a characteristic of the quasi-Cottrell profile to sets of predetermined Cottrell profiles; and calibrating the current sensor based on the comparison. 18. The system of claim 14, wherein the instructions further cause performance of determining a glucose concentration using the calibrated current sensor. 1. A method of operating a sensor for sensing glucose concentrations, comprising: applying, using a voltage controller, multiple voltage pulses to a working electrode of a two-electrode sensor probe; measuring, using a current sensor, a set of current responses corresponding to the applied multiple voltage pulses, wherein the set of current responses together form a quasi-Cottrell profile that approximates a portion of a Cottrell curve; analyzing, using a processor, the set of measured current responses; calibrating, using the processor, the current sensor on the basis of the analyzed set of measured current responses corresponding to the applied multiple voltage pulses, wherein calibrating the current sensor comprises comparing a characteristic of the quasi-Cottrell profile determined based on the analyzed set of measured current responses to sets of predetermined Cottrell profiles; determining, using the processor, a glucose concentration value on the basis of the calibrated current sensor based on the comparison of the analyzed set of measured current responses to the sets of predetermined Cottrell profiles; and transmitting, using a transmitter, the determined glucose concentration value to a receiver. 15. The system of claim 14, wherein the quasi-Cottrell profile has a run-in section and a steady-state section, and wherein calibrating the current sensor comprises calibrating the current sensor on the basis of an analysis of the run-in section. 3. The method of claim 1, wherein the quasi-Cottrell profile has a run-in section and a steady-state section, and wherein calibrating the current sensor comprises calibrating the current sensor on the basis of an analysis of the run-in section. 16. The system of claim 15, wherein calibrating the current sensor comprises calibrating the current sensor on the basis of a measured rate of change of current with respect to time in the run-in section. 4. The method of claim 3, wherein calibrating the current sensor comprises calibrating the current sensor on the basis of a measured rate of change of current with respect to time in the run-in section. 17. The system of claim 15, wherein comparing the characteristic of the quasi-Cottrell profile to the sets of predetermined Cottrell profiles comprises comparing the measured run-in section of the set of current responses with one or more run-in sections of pre-determined Cottrell profiles of the sets of predetermined Cottrell profiles. 5. The method of claim 3, wherein analyzing the set of measured current responses comprises comparing the measured run-in section of the set of current responses with one or more run-in sections of pre- determined Cottrell profiles of the sets of predetermined Cottrell profiles. 19. The system of claim 18, wherein determining the glucose concentration value comprises determining the glucose concentration on the basis of an instantaneous current measurement measured by the current sensor in the steady-state section. 6. The method of claim 3, wherein determining the glucose concentration value comprises determining the glucose concentration on the basis of an instantaneous current measurement measured by the current sensor in the steady-state section. 20. A method of calibrating a sensor, comprising: applying one or more voltage pulses to an electrode of a sensor probe; measuring, using a current sensor, current responses corresponding to the applied one or more voltage pulses, wherein the current responses form a quasi-Cottrell profile that approximates a portion of a Cottrell curve; calibrating the current sensor by comparing a characteristic of the quasi-Cottrell profile to sets of predetermined Cottrell profiles; and determining a glucose concentration using the calibrated current sensor. 1. A method of operating a sensor for sensing glucose concentrations, comprising: applying, using a voltage controller, multiple voltage pulses to a working electrode of a two-electrode sensor probe; measuring, using a current sensor, a set of current responses corresponding to the applied multiple voltage pulses, wherein the set of current responses together form a quasi-Cottrell profile that approximates a portion of a Cottrell curve; analyzing, using a processor, the set of measured current responses; calibrating, using the processor, the current sensor on the basis of the analyzed set of measured current responses corresponding to the applied multiple voltage pulses, wherein calibrating the current sensor comprises comparing a characteristic of the quasi-Cottrell profile determined based on the analyzed set of measured current responses to sets of predetermined Cottrell profiles; determining, using the processor, a glucose concentration value on the basis of the calibrated current sensor based on the comparison of the analyzed set of measured current responses to the sets of predetermined Cottrell profiles; and transmitting, using a transmitter, the determined glucose concentration value to a receiver. Prior Art Analysis Claims 1-20 are not rejected in view of prior art. The closest prior art made of record includes: Willis (US 20070299617 A1), hereinafter referred to as Willis, Wu (US 10739350 B2), hereinafter referred to as Wu, and Gross et al. (US 5800420 A), hereinafter referred to as Gross. Willis teaches of a method of calibrating a sensor (Abstract, para. [0007]), comprising: applying one or more voltage pulses to a working electrode of a sensor probe (Fig. 4C, element 12, 13, 14, para. [0167], para. [0152], Fig. 7, Fig. 24, element 12, 20, para. [0326-0327]); measuring, using a current sensor, a current response corresponding to the applied one or more voltage pulses (Fig. 24, element 18, 22, para. [0327]); and calibrating the current sensor (para. [0327-0330]). Wu teaches of a method of calibrating a sensor (Abstract), comprising: applying one or more voltage pulses to a working electrode of a sensor probe; measuring, using a current sensor, a current response corresponding to the applied one or more voltage pulses, and calibrating the current sensor (Fig. 4, Fig. 8A-8C, col. 15, lines 46-56). Gross teaches a method of calibrating a sensor (Abstract), comprising: applying one or more voltage pulses to a working electrode of a sensor probe and measuring, using a current sensor, a current response corresponding to the applied one or more voltage pulses (Fig. 12, col. 20, lines 1-46). However, the prior art made of record does not disclose, teach, or reasonably suggest, “measuring a set of one or more current responses corresponding to the applied one or more voltage pulses, wherein the set of current responses form a quasi-Cottrell profile that approximates a portion of a Cottrell curve; comparing a characteristic of the quasi-Cottrell profile to sets of predetermined Cottrell profiles; and calibrating the current sensor based on the comparison”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE W KRETZER whose telephone number is (571)272-1907. The examiner can normally be reached Monday through Friday 8:30 AM to 5:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /K.W.K./Examiner, Art Unit 3791 /JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791 Application/Control Number: 18/917,241 Page 2 Art Unit: 3791 Application/Control Number: 18/917,241 Page 3 Art Unit: 3791 Application/Control Number: 18/917,241 Page 4 Art Unit: 3791 Application/Control Number: 18/917,241 Page 5 Art Unit: 3791 Application/Control Number: 18/917,241 Page 6 Art Unit: 3791 Application/Control Number: 18/917,241 Page 7 Art Unit: 3791 Application/Control Number: 18/917,241 Page 8 Art Unit: 3791 Application/Control Number: 18/917,241 Page 9 Art Unit: 3791 Application/Control Number: 18/917,241 Page 10 Art Unit: 3791 Application/Control Number: 18/917,241 Page 11 Art Unit: 3791 Application/Control Number: 18/917,241 Page 12 Art Unit: 3791 Application/Control Number: 18/917,241 Page 13 Art Unit: 3791 Application/Control Number: 18/917,241 Page 14 Art Unit: 3791 Application/Control Number: 18/917,241 Page 15 Art Unit: 3791 Application/Control Number: 18/917,241 Page 16 Art Unit: 3791 Application/Control Number: 18/917,241 Page 17 Art Unit: 3791 Application/Control Number: 18/917,241 Page 18 Art Unit: 3791 Application/Control Number: 18/917,241 Page 19 Art Unit: 3791 Application/Control Number: 18/917,241 Page 20 Art Unit: 3791 Application/Control Number: 18/917,241 Page 21 Art Unit: 3791 Application/Control Number: 18/917,241 Page 22 Art Unit: 3791 Application/Control Number: 18/917,241 Page 23 Art Unit: 3791
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Prosecution Timeline

Oct 16, 2024
Application Filed
Jun 15, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+43.8%)
3y 6m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 170 resolved cases by this examiner. Grant probability derived from career allowance rate.

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