DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19-33 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19, upon which all other claims depend, is as follows:
An analyte monitoring system for monitoring a first analyte type and a second analyte type different from the first analyte type, the system comprising: an integrated sensor and sensor electronics assembly comprising a sensor, wherein the sensor comprises a portion configured to be transcutaneously positioned in the body of a user, and wherein the integrated sensor and sensor electronics assembly is configured to sense levels of the first analyte type and the second analyte type; one or more processors; and non-transitory memory comprising one or more software functions stored thereon that, when executed by the one or more processors, causes the one or more processors to: select a software function of the one or more software functions based on a configuration of the integrated sensor and sensor electronics assembly; process data indicative of the levels of the first analyte type and the second analyte type using the selected software function.
There appears to be no support of, or any mention of, first and second analyte types anywhere in the originally filed specification, or in the claims of any parent application upon which this application claims priority.
The chain of priority goes back to 2011, but the support for this feature in the originally filed specification is lacking.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL A HESS whose telephone number is (571)272-2392. The examiner can normally be reached Monday through Friday, from 9 AM to 5 PM.
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/DANIEL A HESS/Primary Examiner, Art Unit 2876
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