CTNF 19/030,059 CTNF 80559 DETAILED ACTION Claims 1-18 are pending and have been examined. Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. Claim Objections 07-29-01 AIA Claim 1 is objected to because of the following informalities: “the first application is communication”, “comprises at an alarm” . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-18 are 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. Claims 1 and 10 recite the limitation " an updated value for the upper threshold value or the lower threshold value ", making it indefinite if the updated value applies to both the upper and lower threshold, or it is “an updated value for the upper threshold value” OR “the lower threshold value”. Claims 2, 11 recite the limitation "the access conditions", “the data indicative of the glucose level”. There is insufficient antecedent basis for this limitation in the claim. Claims 7, 16 recite the limitation "the glucose trend information”. There is insufficient antecedent basis for this limitation in the claim. This is not intended to be a complete list of such indefiniteness issues. The dependent claims included in the statement of rejection but not specifically addressed in the body of the rejection have inherited the deficiencies of their parent claim and have not resolved the deficiencies. Therefore, they are rejected based on the same rationale as applied to their parent claims above. Double Patenting Claims 1-18 are provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims of Patent Nos. 12073941, 11508476, 11837358, 11043300 ,10007759,9064107,8579853. Although the conflicting claims are not identical, they are not patentably distinct from each other because they are analogous, and broader, as the conflicting claims require different levels of access (access conditions) to alter configuration/prescriptive parameters (alarm threshold) for different data (glucose data), “A method for operating a data management system in data communication with a first application and a second application, the method comprising: receiving, from the first application, an access condition for enabling the second application to view glucose trend data, wherein the first application is communication with a skin-mounted assembly comprising an in vivo glucose sensor, wherein the glucose trend data comprises a glucose trend chart, and wherein the glucose trend data is based on glucose data received from the skin-mounted assembly; transmitting, based on the access condition, a notification to the second application, wherein the notification comprises the glucose trend chart; receiving, from the second application, a modification to an alarm threshold, wherein the alarm threshold comprises at least one of an upper threshold value and a lower threshold value, and wherein the modification comprises an updated value for the upper threshold value or the lower threshold value; receiving, from the first application, the glucose data received from the skin-mounted assembly; and transmitting, based on determining that a glucose value of the glucose data meets the updated value for the alarm threshold, a second notification to the second application, wherein the second notification comprises at an alarm indicating the glucose value” (claim 1, instant application) is analogous to “A medical system comprising: a glucose monitoring device; an insulin pump; and a data management system in communication with the glucose monitoring device and the insulin pump, the data management system having a memory including programming of an access level hierarchy that enables a plurality of individuals to have different access level rights to enter, modify and lock parameters of the glucose monitoring device and the insulin pump, the access level hierarchy including at least a first, a second, and a third access level; wherein first access level rights enable a healthcare professional having first access level rights to set, modify and lock prescriptive parameters and non-prescriptive parameters of the glucose monitoring device and the insulin pump; wherein second access level rights enable a caregiver having second access level rights to set, modify and lock the non-prescriptive parameters of the glucose monitoring device and the insulin pump that have not been locked by the healthcare professional; wherein the second access level rights preclude the caregiver from setting, modifying and locking the prescriptive parameters of the glucose monitoring device and the insulin pump; wherein third access level rights enable a user having third access level rights to set, modify and lock the non-prescriptive parameters of the glucose monitoring device and the insulin pump that have not been locked by the healthcare professional or the caregiver; and wherein the third access level rights preclude the user from setting, modifying and locking the prescriptive parameters of the glucose monitoring device and the insulin pump” (claim 1, patent 8579853) and analogous to “A medical device, comprising: one or more processing units; a memory operatively coupled to the one or more processing units including programming stored therein, which, when executed by the one or more processing units, causes the one or more processing units to provide an access level hierarchy that enables a plurality of individuals to have different access level rights to enter, modify or lock parameters of the medical device, the access level hierarchy including at least a first, a second, and a third access level; wherein first access level rights enable a healthcare professional having first access level rights to set, modify or lock prescriptive parameters and non-prescriptive parameters of the medical device; wherein second access level rights enable a caregiver having second access level rights to set, modify or lock non-prescriptive parameters of the medical device that have not been locked by the healthcare professional; wherein the second access level rights preclude the caregiver from setting, modifying or locking prescriptive parameters of the medical device; wherein third access level rights enable a user having third access level rights to set, modify or lock non-prescriptive parameters of the medical device that have not been locked by the healthcare professional or the caregiver; and wherein the third access level rights preclude the user from setting, modifying or locking prescriptive parameters of the medical device” (claim 1, patent 9064107) and analogous to “A method of controlling access to a medical system comprising at least one medical device and a data communication unit operable by each of a plurality of individuals including a healthcare professional, a caregiver and a user, the method comprising: configuring a medical device with an access level hierarchy that enables the plurality of individuals to have different access level rights to set or modify parameters of the medical device, the access level hierarchy including at least a first, a second, and a third access level, wherein first access level rights enable a first individual having first access level rights to set, modify or lock prescriptive parameters and non-prescriptive parameters of the medical device, wherein second access level rights enable a second individual having second access level rights to set, modify or lock non-prescriptive parameters of the medical device that have not been locked by the first individual, wherein the second access level rights preclude the second individual from setting, modifying or locking prescriptive parameters of the medical device, wherein third access level rights enable a third individual having third access level rights to set, modify or lock non-prescriptive parameters of the medical device that have not been locked by the first or second individual, and wherein the third access level rights preclude the third individual from setting, modifying or locking prescriptive parameters of the medical device” (claim 1, patent 10007759) and analogous to “A system comprising: a unit in wireless data communication with an implantable continuous in vivo analyte sensor for wirelessly receiving continuous signals corresponding to an analyte concentration of a user from the analyte sensor, the unit comprising: an input unit for receiving a plurality of parameters associated with a health condition related to the analyte concentration and for maintaining the analyte concentration within a target analyte range for the user; one or more processors; and a memory unit operatively coupled to the one or more processors and including program instructions stored therein which, when executed by the one or more processors, causes the one or more processors to provide individual hierarchical access level rights including at least first access level rights, second access level rights, and third access level rights, wherein the first access level rights enable a first individual to modify, set, or lock first level parameters of the plurality of parameters using the unit, wherein the second access level rights enable a second individual to set, modify, or lock second level parameters of the plurality of parameters using the unit, the second parameters at least being different than first level parameters locked by the first individual, and wherein the third access level rights enable a third individual to set, modify, or lock third level parameters of the plurality of parameters using the unit, the third parameters being at least different than the first level parameters locked by the first individual and the second level parameters locked by the second individual” (claim 1, patent 11043300) and analogous to “A medical device comprising: one or more processors; a memory unit operatively coupled to the one or more processors and including program instructions stored therein which, when executed by the one or more processors, causes the one or more processors to: receive, from a first device, a first configuration of the medical device, wherein the first device is associated with a first permission to configure the medical device, wherein the first configuration identifies first access level rights and second access level rights, wherein the first access level rights enable a first individual to view first level parameters of a plurality of parameters of the medical device, wherein the first configuration further identifies first settings for the first level parameters of the plurality of parameters, and wherein the second access level rights enable a second individual to view second level parameters of the plurality of parameters using the medical device, the second level parameters being different than the first level parameters; configure the medical device with the first configuration; transmit the first level parameters to the first device associated with the first individual; and transmit the second level parameters to a second device associated with the second individual ” (claim 1, patent 11837358) and analogous to “A glucose monitoring system comprising: a first display unit in data communication with a skin-mounted assembly, the skin-mounted assembly comprising: an in vivo glucose sensor configured to detect an in vivo glucose concentration of a user, and a transmitter unit coupled to the in vivo glucose sensor, the transmitter unit configured to generate data indicative of the in vivo glucose concentration, wherein the first display unit is in data communication with a data management system, and at least the data management system is configured to store the data indicative of the in vivo glucose concentration; a second display unit in data communication with the data management system for displaying at least a portion of the stored data indicative of the in vivo glucose concentration; one or more processors of the first display unit coupled with memory of the first display unit, the memory of the first display unit configured to store first instructions that, when executed by the one or more processors of the first display unit, cause the one or more processors of the first display unit to grant a first individual first access level rights to, using the first display unit, modify, set, or lock first level parameters related to the at least a portion of the data indicative of the in vivo glucose concentration; and one or more processors of the second display unit coupled with memory of the second display unit, the memory of the second display unit configured to store second instructions that, when executed by the one or more processors of the second display unit, cause the one or more processors of the second display unit to grant a second individual second access level rights to, using the second display unit, modify or set second level parameters related to the at least a portion of the data indicative of the in vivo glucose concentration, and wherein at least a portion of the second level parameters are different than the first level parameters” (claim 1, patent 11508476) and analogous to “A computing device in data communication with a skin-mounted assembly comprising an in vivo glucose sensor and a transmitter unit, the computing device comprising: one or more processors; one or more memory units operatively coupled to the one or more processors and including program instructions stored therein which, when executed by the one or more processors, causes the one or more processors to: receive, via user input, individual hierarchical access level rights including at least first access level rights and second access level rights, wherein the first access level rights enable a first individual to view first level parameters of a plurality of parameters of the computing device, and wherein the second access level rights enable a second individual to view second level parameters of the plurality of parameters using the computing device, the second level parameters at least being different than the first level parameters, wherein the first level parameters and the second level parameters relate to data indicative of a glucose level, the data received from the skin-mounted assembly; transmit the first access level rights to a data management system, wherein the first access level rights are associated with a first device associated with the first individual; and transmit the second access level rights to the data management system, wherein the second access level rights are associated with a second device associated with the second individual; receive, from the skin-mounted assembly, the data indicative of the glucose level; and transmit the data indicative of the glucose level to the data management system, wherein the first access level rights are configured to cause the data management system to transmit a notification including the data indicative of the glucose level to the first device ” (claim 1, patent 12073941). This is a provisional obviousness-type double patenting rejection because the conflicting claims of the instant application have not in fact been patented. The claims of the conflicting patents and/or applications contain every element of claims 1-18 of the instant application and thus anticipate the claims of the instant application. Claims 1-18 of the instant application therefore are not patently distinct from the copending application claims and as such are unpatentable for obvious-type double patenting. A later patent/application claim is not patentably distinct from an earlier claim if the later claim is anticipated by the earlier claim. “A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi , 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg , 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species with that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001). “Claim 12 and Claim 13 are generic to the species of invention covered by claim 3 of the patent. Thus, the generic invention is “anticipated” by the species of the patented invention. Cf., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (holding that an earlier species disclosure in the prior art defeats any generic claim) 4. This court’s predecessor has held that, without a terminal disclaimer, the species claims preclude issuance of the generic claim. In re Van Ornum, 686 F.2d 937, 944, 214 USPQ 761, 767 (CCPA 1982); Schneller, 397 F.2d at 354. Accordingly, absent a terminal disclaimer, claims 12 and 13 were properly rejected under the doctrine of obviousness-type double patenting.” (In re Goodman (CA FC) 29 USPQ2d 2010 (12/3/1993). Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : the remaining references put forth on the PTO-892 form are directed to processing health conditions notifications based on sensor data and applications . Any inquiry concerning this communication or earlier communications from the examiner should be directed to David García Cervetti whose telephone number is (571)272-5861. The examiner can normally be reached Monday-Friday 8AM-5PM. 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, HADI S ARMOUCHE can be reached at (571)270-3618. 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. /David Garcia Cervetti/Primary Examiner, Art Unit 2409 Application/Control Number: 19/030,059 Page 2 Art Unit: 2409 Application/Control Number: 19/030,059 Page 3 Art Unit: 2409 Application/Control Number: 19/030,059 Page 4 Art Unit: 2409 Application/Control Number: 19/030,059 Page 5 Art Unit: 2409 Application/Control Number: 19/030,059 Page 6 Art Unit: 2409
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