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 .
Notice of Amendment
In response to the amendment filed on 10/16/2024, amended claims 14, 27, and 30, cancelled claims 7, 12, 15-22, 28-29, 31, 33-62, and 64-149 are acknowledged. Claims 1-6, 8-11, 13-14, 23-27, 30, 32, and 63 are currently pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
No claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 27 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 contains the trademark/trade name BLUETOOTH Low Energy (BLE) and BLUETOOTH. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a proprietary wireless communication protocol standard and, accordingly, the identification/description is indefinite.
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) 1-6, 8-10, 25, 27, 30, 32, and 63 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castagna et al. (US Publication No. 2020/0037939 A1) (cited by Applicant).
Regarding claim 1, Castagna et al. discloses an analyte sensor system (308), comprising:
an analyte sensor (338, 530) configured to generate analyte data associated with analyte levels of a user of the analyte sensor system (see [0074] – “As shown in FIG. 5, analyte sensor system 308 may include analyte sensor 530 (e.g., which may also be designated with the numeral 10 in FIG. 1) coupled to analyte sensor measurement circuitry 525 for processing and managing sensor data”);
an antenna system, comprising at least a first antenna and a second antenna, wherein:
the first antenna (306, 406, 506) is configured to:
transmit, to a display device (310), a first signal including at least the analyte data (see [0076] – “Additionally, radio unit 510 may use and/or include one or more of antenna 506 and antenna 512. In some embodiments, antenna 506 and/or antenna 512 may not be coupled to the one or more electronic components of analyte sensor system 308. In embodiments, aspects of antenna 506 and antenna 512 may be substantially similar to antenna 406 and 412 described in connection with FIG. 4. Radio unit 510 may be used to send/receive analyte or medicament delivery data, associated commands and messages, and/or other signaling (e.g., that may be used in connection with controlling an operation state, pairing, or other aspects of analyte sensor system 308) to/from analyte sensor system 308, as well as to wirelessly communicate with other devices/nodes via communication media 305” and [0080] – “Analyte sensor system 308 in example implementations gathers analyte data using sensor 530 and transmits the same or a derivative thereof to display device 310, partner device 315, and/or server system 334”); and
receive, from the display device, a second signal including operational instructions (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”);
the second antenna (412, 512) is configured to:
receive the first signal from the first antenna and re-radiate the first signal towards the display device (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”); and
receive the second signal from the display device and re-radiate the second signal towards the first antenna (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”); and
a circuit board (404, 525, 535) configured to operatively connect the analyte sensor with the first antenna of the antenna system (see [0072] – “The electronics unit, previously described in connection with FIG. 3A, may further include circuit board 404 and battery 402 that may be configured to provide power to at least circuit board 404 and/or certain components connected thereto”).
Regarding claim 2, Castagna et al. discloses the first antenna and the circuit board are included within a housing (392, 394) of the analyte sensor system (see Figures 3A-4 and [0068] – “In embodiments, antenna 306 may be mechanically coupled to on-skin assembly 360, including, for example, to any combination of an outside, inside, or other portion of on-skin assembly 360. In embodiments, antenna 306 may be mechanically coupled to an outer housing of on-skin assembly 360. For example, antenna 306 may be integrated into the outer housing. In this example, antenna 306 may be printed and integrated into a non-conductive outer housing outer housing. Antenna 306 may be integrated using techniques, such as, for example, selectively plating conductive antenna traces on the surface of the housing. In embodiments, a MID (molded interconnect device), a LDS (laser direct structuring), and/or two shot molding are some of the manufacturing technologies that may enable using molded (e.g. injection molding) or cast thermoplastic and thermoset to have conductive (e.g. metalized) features over 2D and/or 3D substrate surfaces. In some embodiments, overmolding a preformed antenna may also be used to integrate an antenna in to the housing. It should be appreciated that other techniques may be used. Conductive traces can be used to form external electrical connections to antenna 306, if any such connections are needed. Alternatively or additionally, antenna 306 may be otherwise affixed (e.g., adhered, bonded, friction fit, clipped, soldered, screwed, or the like) to the outer housing (e.g., to an inner or outer surface of the outer housing or another portion thereof). In embodiments, antenna 306 may be mounted on and/or to a PCB, substrate(s), and/or other components that may be located on and/or within on-skin assembly 360 or otherwise mechanically coupled thereto”).
Regarding claim 3, Castagna et al. discloses the second antenna is included in the housing of the analyte sensor system (see Figures 3A-4 and [0015] – “In implementations, at least a portion of the second antenna resides within a housing of the analyte sensor system”).
Regarding claim 4, Castagna et al. discloses the second antenna is disposed outside of the housing of the analyte sensor system (see Figures 3A-4 and [0014] – “In some implementations, at least a portion of the second antenna is external to the analyte sensor system relative to a housing of the analyte sensor system”).
Regarding claim 5, Castagna et al. discloses the second antenna is incorporated into an adhesive patch attached to an outside of the housing of the analyte sensor system (see [0063] – “The second antenna may be electrically coupled to a body of the on-skin assembly, other than the body containing the transceiver circuit (e.g., adhesive patch, housing, etc.). For example, portion(s) of the second antenna can be placed on, integrated within, affixed to, and/or coupled to adhesive patch 396. In such examples, radiating elements and/or other portion(s) of the second antenna may be implemented using skin adhesive patch 326. It should also be appreciated that in some cases, portion(s) of antenna 306 may alternatively or additionally be implemented using adhesive patch 326”).
Regarding claim 6, Castagna et al. discloses the first antenna comprises a main antenna (see [0064] – “Antenna 306 may be any type of antenna. For example, antenna 306 may be, use, or include a dipole antenna, fractal antenna, loop antenna, monopole antenna, aperture antenna, traveling wave antenna, whip antenna, array of conductors, phased array (e.g., broadside array or end-fire array), and/or any other component that serves as an interface between radio waves propagating through space (or other dielectric) and electric currents (e.g., that may flow in conductors etc.)”); and
the second antenna comprises a passive antenna (see [0063] – “In some embodiments, the second antenna could be a passive antenna (e.g., a concentrator) that re-radiates the received input signal and is not electrically coupled to the one or more electronics components”).
Regarding claim 8, Castagna et al. discloses the passive antenna is integrated on the circuit board (see [0063] – “In one example, a feed of the second antenna may be electrically coupled to transmission/reception circuitry used in connection with on-skin assembly 360”).
Regarding claim 9, Castagna et al. discloses the passive antenna comprises portions extending off the circuit board (see [0063] – “The second antenna may be electrically coupled to a body of the on-skin assembly, other than the body containing the transceiver circuit (e.g., adhesive patch, housing, etc.). For example, portion(s) of the second antenna can be placed on, integrated within, affixed to, and/or coupled to adhesive patch 396. In such examples, radiating elements and/or other portion(s) of the second antenna may be implemented using skin adhesive patch 326. It should also be appreciated that in some cases, portion(s) of antenna 306 may alternatively or additionally be implemented using adhesive patch 326”).
Regarding claim 10, Castagna et al. discloses the passive antenna extends to an outside portion of a housing of the analyte sensor system (see Figures 3A-4 and [0014] – “In some implementations, at least a portion of the second antenna is external to the analyte sensor system relative to a housing of the analyte sensor system”).
Regarding claim 25, Castagna et al. discloses the second antenna is configured to modify a phase shift of at least one of the first signal or the second signal (see [0066] – “Antenna 306 may be a sympathetic antenna implemented using and/or in conjunction with one or more passive and/or active components. In some embodiments, antenna 306 may be implemented on the applicator, as described herein. This may be useful in certain circumstances where the level, amplitude, power, and/or other characteristics (e.g., phase components) of the input or other wireless signal received at the local antenna of on-skin assembly 360 may otherwise be insufficient or not idea” and [0067] – “In other words, antenna 306, one or more passive components, and/or one or more active components may be used to provide a modification to the input or other wireless signal. For example, antenna 306 and/or such component(s) may provide a modification related to directionality to increase the focus of the input or other wireless signal (e.g., beam steering, phase adjustments, etc.)”).
Regarding claim 27, Castagna et al. discloses a transceiver, coupled to the first antenna, configured to:
transmit the first signal (see [0075] – “Radio unit 510 may use or include, by way of example, transmitter, receiver, and/or transceiver circuitry. Connectivity interface 505 can be used to interface analyte sensor system 308 to communication media 305, such that analyte sensor system 308 may be communicatively coupled (directly or indirectly) to analyte display device(s) 310, partner device(s) 315, and/or server system 334 via communication media 305. Radio unit 510 of connectivity interface 505 may include one or more transmitter/receiver/transceiver modules operable on different wireless standards and/or frequencies (e.g., including frequency bands)”); and
receive at least one of the second signal from the display device or the re-radiated signal from the second antenna (see [0075] – “Radio unit 510 may use or include, by way of example, transmitter, receiver, and/or transceiver circuitry. Connectivity interface 505 can be used to interface analyte sensor system 308 to communication media 305, such that analyte sensor system 308 may be communicatively coupled (directly or indirectly) to analyte display device(s) 310, partner device(s) 315, and/or server system 334 via communication media 305. Radio unit 510 of connectivity interface 505 may include one or more transmitter/receiver/transceiver modules operable on different wireless standards and/or frequencies (e.g., including frequency bands)”), wherein:
transceiver is configured to communicate signals, including the first signal, the second signal, and the re-radiated second signal, according to a wireless communication technology (see [0075] – “Radio unit 510 may use or include, by way of example, transmitter, receiver, and/or transceiver circuitry. Connectivity interface 505 can be used to interface analyte sensor system 308 to communication media 305, such that analyte sensor system 308 may be communicatively coupled (directly or indirectly) to analyte display device(s) 310, partner device(s) 315, and/or server system 334 via communication media 305. Radio unit 510 of connectivity interface 505 may include one or more transmitter/receiver/transceiver modules operable on different wireless standards and/or frequencies (e.g., including frequency bands)”); and
the wireless communication technology comprises at least one of BLUETOOTH Low Energy (BLE), BLUETOOTH, or Wi-Fi (see [0045] – “Further, communication media 305 may be implemented using various wireless standards, such as Bluetooth®, BLE, WiFi, IEEE 802.11, 3GPP standards (e.g., 2G GSM/GPRS/EDGE, 3G UMTS/CDMA2000, or 4G LTE/LTE-A/LTE-U, 5G, or subsequent generation), etc”).
Regarding claim 30, Castagna et al. discloses one or more processors (535) and one or more memories (515), wherein:
the circuit board is further configured to operatively connect the one or more processors and one or more memories to the analyte sensor, the first antenna, and a transceiver (see Figure 5 and [0074] – “Sensor measurement circuitry 525 may be coupled to processor/microprocessor 535 (e.g., which may be part of item 12 in FIG. 1)”); and
the one or more processors are configured to:
obtain and process the analyte data from the analyte sensor (see [0077] – “Processor 535 may include processor sub-modules, including, by way of example, an applications processor and/or other circuitry that interfaces with and/or controls other elements of analyte sensor system 308 (e.g., connectivity interface 505). Processor 535 may be coupled (e.g., by a bus) to connectivity interface 505 and storage 515. Hence, processor 535 may receive and process electrical signals generated by or using these respective elements, including, for example, one or more of antenna 506 and antenna 512, and thus perform various functions. By way of example, processor 535 may access stored content from storage 515 in response to code or other instructions stored on storage 515 or elsewhere within analyte sensor system 308 and process the stored content for transmission via connectivity interface 505 and communication media 305 to display device(s) 310, server system 334, and/or partner device(s) 315. By way of further example, processor 535 may also, in response to code or other instructions stored on storage 515 or elsewhere within analyte sensor system 308, use circuitry of connectivity interface 505 to process information received using one or more of antenna 506 and antenna 512 to condition such information for use by other components of analyte sensor system 308 (e.g., by performing downconversion, baseband processing, and/or further conditioning)”; and
provide the processed analyte data to the transceiver for transmission via the first antenna (see [0075] – “Processor 535 may be further coupled to radio unit 510 (e.g., which may be part of item 12 in FIG. 1) for sending sensor and other data and receiving requests and commands and other signaling from an external device, such as display device 310 (referencing FIG. 2 by way of example). Radio unit 510 may be part of or implemented in conjunction connectivity interface 505. Radio unit 510 may use or include, by way of example, transmitter, receiver, and/or transceiver circuitry”).
Regarding claim 32, Castagna et al. discloses an antenna system for communicating analyte data, comprising:
a first antenna (306, 406, 506) operatively coupled to an analyte sensor via a circuit board, wherein the first antenna is configured to:
transmit, to a display device (310), a first signal including at least the analyte data (see [0076] – “Additionally, radio unit 510 may use and/or include one or more of antenna 506 and antenna 512. In some embodiments, antenna 506 and/or antenna 512 may not be coupled to the one or more electronic components of analyte sensor system 308. In embodiments, aspects of antenna 506 and antenna 512 may be substantially similar to antenna 406 and 412 described in connection with FIG. 4. Radio unit 510 may be used to send/receive analyte or medicament delivery data, associated commands and messages, and/or other signaling (e.g., that may be used in connection with controlling an operation state, pairing, or other aspects of analyte sensor system 308) to/from analyte sensor system 308, as well as to wirelessly communicate with other devices/nodes via communication media 305” and [0080] – “Analyte sensor system 308 in example implementations gathers analyte data using sensor 530 and transmits the same or a derivative thereof to display device 310, partner device 315, and/or server system 334”); and
receive, from the display device, a second signal including operational instructions (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”); and
a second antenna (412, 512) configured to:
receive the first signal from the first antenna and re-radiate the first signal towards the display device (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”); and
receive the second signal from the display device and re-radiate the second signal towards the first antenna (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”).
Regarding claim 63, Castagna et al. discloses an analyte monitoring system, comprising:
a display device (310); and
an analyte sensor system (308) comprising:
an analyte sensor (338, 530) configured to generate analyte data associated with analyte levels of a user of the analyte sensor system (see [0074] – “As shown in FIG. 5, analyte sensor system 308 may include analyte sensor 530 (e.g., which may also be designated with the numeral 10 in FIG. 1) coupled to analyte sensor measurement circuitry 525 for processing and managing sensor data”);
a first antenna (306, 406, 506) configured to:
transmit, to the display device, a first signal including at least the analyte data; and
receive, from the display device, a second signal including operational instructions (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”);
a second antenna (412, 512) configured to:
receive the first signal from the first antenna and re-radiate the first signal towards the display device (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”); and
receive the second signal from the display device and re-radiate the second signal towards the first antenna (see [0079] – “For example, analyte sensor system 308 may transition into an operational state in response to a modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In embodiments, the received signal may come from display device 310. By way of further example, analyte sensor system 308 may obtain pairing information from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506. In some embodiments, the modified signal may be a wakeup command signal, or the like, sent via NFC and/or other electronic signals by the display device. By way of additional example, analyte sensor system 308 may exchange analyte information or other control signaling—including for example control signaling that may be related to the exchange of analyte or other information, may be related to power management, and/or may be related to other features of the present disclosure (e.g., interfacing with partner device(s) 315)—from the modified signal received using antenna 512, where the modified signal is generated using an input signal received using antenna 506”); and
a circuit board (404, 525, 535) configured to operatively connect the analyte sensor with the first antenna, wherein the display device is configured to:
receive the first signal including at least the analyte data (see [0074] – “As shown in FIG. 5, analyte sensor system 308 may include analyte sensor 530 (e.g., which may also be designated with the numeral 10 in FIG. 1) coupled to analyte sensor measurement circuitry 525 for processing and managing sensor data. Sensor measurement circuitry 525 may be coupled to processor/microprocessor 535 (e.g., which may be part of item 12 in FIG. 1). In some embodiments, processor 535 may perform part or all of the functions of sensor measurement circuitry 525 for obtaining and processing sensor measurement values from analyte sensor 530”);
display the analyte data received from the first antenna of the analyte sensor system to the user (see [0075] – “Processor 535 may be further coupled to radio unit 510 (e.g., which may be part of item 12 in FIG. 1) for sending sensor and other data and receiving requests and commands and other signaling from an external device, such as display device 310 (referencing FIG. 2 by way of example)”); and
transmit the second signal including the operational instructions (see [0075] – “Processor 535 may be further coupled to radio unit 510 (e.g., which may be part of item 12 in FIG. 1) for sending sensor and other data and receiving requests and commands and other signaling from an external device, such as display device 310 (referencing FIG. 2 by way of example)”).
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.
Claim(s) 11, 13-14, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castagna et al., further in view of He et al. (US Publication No. 2019/0386711 A1).
Regarding claim 11, it is noted Castagna et al. does not specifically teach the passive antenna comprises a passive antenna terminal, and the passive antenna comprises one or more antenna arms coupled to the passive antenna terminal. However, He et al. teaches the passive antenna comprises a passive antenna terminal, and the passive antenna comprises one or more antenna arms coupled to the passive antenna terminal (see Figures 3 and 4C and [0093] – “RF redirection device 300 can be a purely passive device that is not connected to nor otherwise relying upon a discrete power source to power its transmission and receipt of RF signals” and [0094] – “RF power divider circuit 303 can include two traces 304-1 and 304-2 that can each be tuned to one-quarter wavelength of the received signal (e.g., 2.44 Ghz for BTLE, other frequencies for other protocols). Traces 304 can be surrounded by a conductive area coupled to an optional ground node or plane 307 such that they form coplanar transmission lines. A resistive element 306 is present between traces 304-1 and 304-2 to decouple them. The magnitude of resistance for resistive element 306 can be selected to prevent leakage or crosstalk between secondary antennas 302-1 and 302-2. Conductive trace 304-1 is then connected with secondary antenna 302-1 and conductive trace 304-2 is then connected with secondary antenna 302-2”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Castagna et al. to include the passive antenna comprises a passive antenna terminal, and the passive antenna comprises one or more antenna arms coupled to the passive antenna terminal, as disclosed in He et al., so as to split and equally redirect the signal captured by the primary antenna to the secondary antenna, so the signal can be retransmitted along two different axes to improve the directionality of transmission (see He et al.: [0094]).
Regarding claim 13, He et al. teaches the passive antenna is grounded at the passive antenna terminal (see [0094] – “Traces 304 can be surrounded by a conductive area coupled to an optional ground node or plane 307 such that they form coplanar transmission lines”).
Regarding claim 14, He et al. teaches the passive antenna terminal comprises one or more passive electrical components (see [0093] – “RF redirection device 300 can be a purely passive device that is not connected to nor otherwise relying upon a discrete power source to power its transmission and receipt of RF signals”); the one or more passive electrical components comprise at least one of a resistor, a capacitor, or an inductor (see [0094] – “A resistive element 306 is present between traces 304-1 and 304-2 to decouple them. The magnitude of resistance for resistive element 306 can be selected to prevent leakage or crosstalk between secondary antennas 302-1 and 302-2”); an electrical property of the one or more passive electrical components are based on at least one of a topology of the passive antenna or a distance from the passive antenna to the main antenna (see [0098] – “In this embodiment, antennas 301 and 302 have a stepped or serpentine shape to adjust the antenna length to assist in frequency tuning”); and the electrical property comprises at least one of resistance, capacitance, or inductance (see [0094] – “A resistive element 306 is present between traces 304-1 and 304-2 to decouple them. The magnitude of resistance for resistive element 306 can be selected to prevent leakage or crosstalk between secondary antennas 302-1 and 302-2”).
Regarding claim 23, it is noted Castagna et al. does not specifically teach
at least one of: the re-radiated first signal comprises a first same wavelength corresponding to the first signal; or the re-radiated second signal comprises a second same wavelength corresponding to second signal. However, He et al. teaches at least one of: the re-radiated first signal comprises a first same wavelength corresponding to the first signal; or the re-radiated second signal comprises a second same wavelength corresponding to second signal (see [0094] – “RF power divider circuit 303 can include two traces 304-1 and 304-2 that can each be tuned to one-quarter wavelength of the received signal (e.g., 2.44 Ghz for BTLE, other frequencies for other protocols)” and [0109] – “These new RF signals can be transmitted at the same frequency as that signal originally transmitted by the main antenna 261 or, in other embodiments, these new RF signals can be transmitted at different frequencies if desired”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Castagna et al. to include at least one of: the re-radiated first signal comprises a first same wavelength corresponding to the first signal; or the re-radiated second signal comprises a second same wavelength corresponding to second signal, as disclosed in He et al., so as to split and equally redirect the signal captured by the primary antenna to the secondary antenna, so the signal can be retransmitted along two different axes to improve the directionality of transmission (see He et al.: [0094]).
Regarding claim 24, it is noted Castagna et al. does not specifically teach at least one of: the second antenna is configured operatively such that the re-radiated first signal comprises a first different wavelength corresponding to the first signal; or the second antenna is configured operatively such that the re-radiated second signal comprises a second different wavelength corresponding to the second signal. However, He et al. teaches at least one of: the second antenna is configured operatively such that the re-radiated first signal comprises a first different wavelength corresponding to the first signal; or the second antenna is configured operatively such that the re-radiated second signal comprises a second different wavelength corresponding to the second signal (see [0109] – “These new RF signals can be transmitted at the same frequency as that signal originally transmitted by the main antenna 261 or, in other embodiments, these new RF signals can be transmitted at different frequencies if desired”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Castagna et al. to include at least one of: the second antenna is configured operatively such that the re-radiated first signal comprises a first different wavelength corresponding to the first signal; or the second antenna is configured operatively such that the re-radiated second signal comprises a second different wavelength corresponding to the second signal, as disclosed in He et al., so as to split and equally redirect the signal captured by the primary antenna to the secondary antenna, so the signal can be retransmitted along two different axes to improve the directionality of transmission (see He et al.: [0094]).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Castagna et al., further in view of Christman et al. (US Publication No. 2007/0288066 A1).
Regarding claim 26, it is noted Castagna et al. does not specifically teach at least one of: a phase shift of the first signal re-radiated by the second antenna is different from a phase shift of the first signal received by the second antenna; or a phase shift of the second signal re-radiated by the second antenna is different from a phase shift of the second signal received by the second antenna. However, Christman et al. teaches at least one of: a phase shift of the first signal re-radiated by the second antenna is different from a phase shift of the first signal received by the second antenna; or a phase shift of the second signal re-radiated by the second antenna is different from a phase shift of the second signal received by the second antenna (see [0022] – “According to various embodiments, individual antenna elements in the array are each connected to electronic circuitry having a single transmit/receive antenna port via inline phase shifting elements, such that each antenna element transmits/receives a proportion of radio-frequency energy to the electronic circuitry with a phase shift. This configuration is considered a phased array. In one embodiment, the phase shift for each antenna element in the array can be fixed to establish a desired shape of a transmit/receive spatial pattern. The phase shift for each antenna element in the array can also be variable and controlled by logic to dynamically alter a shape of a transmit/receive spatial pattern, according to an embodiment. In the variable phase shift embodiment, logic can be used to alter the relative phase shift of each antenna element, and scanning is performed according to a fixed sequence of phases. Logic can also be used to alter relative phases of each antenna element taking into account an observed bit, frame or packet error rate, and selecting the state, or beam-steering, to minimize an observed error rate”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Castagna et al. to include at least one of: a phase shift of the first signal re-radiated by the second antenna is different from a phase shift of the first signal received by the second antenna; or a phase shift of the second signal re-radiated by the second antenna is different from a phase shift of the second signal received by the second antenna, as disclosed in Christman et al., so as to establish a desired shape of a transmit/receive spatial pattern and to minimize an observed error rate (see Christman et al.: [0022]).
Conclusion
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/DEVIN B HENSON/Primary Examiner, Art Unit 3791
