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 .
Claim Status
Claims 1-15 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06-09-2026 has been considered by the examiner.
Response to Arguments
Applicant’s arguments with respect to claim(s) rejected in the non-final action dated 04-06-2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 4, 8-9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARRIS (US 2026/0013755) in view of KUMAR (US 2021/0361199).
Regarding claims 1, 8 and 9,
Harris teaches an electronic apparatus and its corresponding method of operation, the apparatus comprising:
a communication interface (Fig 2A, 126) comprising at least one communication circuit;
a memory storing at least one instruction ([0304] teaches an integrated flash memory); and
at least one processor (Fig. 2A, 122),
wherein the at least one processor([0088] teaches that the analyte monitoring device 110 may include one or more processors for performing analysis on sensor data, and/or a wireless communication module configured to communicate sensor data to a mobile computing device 102 (e.g., smartphone) or another suitable computing device) is configured to execute the at least one instruction to:
receive, through the communication interface, information about a user's glucose concentration from an analyte monitoring device attached to the user's body([0075] teaches a glucose monitor; [0087]-[0088] teach an analyte monitoring system including an analyte monitoring device that is worn by a user. The analyte monitoring device 110 may include a microneedle array comprising at least one electrochemical sensor for detecting and/or measuring analyte in body fluid of a user wherein the analyte monitoring device may be applied to the user using suitable applicator 160 or may be applied manually i.e., is attached to the user’s body; the monitoring device includes one or more sensors for monitoring an analyte. The analyte monitoring device may communicate sensor data to an external computing device for storage, display, and/or analysis of sensor data.; [0304] teaches enabling the analyte monitoring device to broadcast analyte measurement(s) to multiple devices (e.g., mobile computing devices such as a smartphone or smartwatch; [0327] & [0332] teaches the paired mobile or other device may receive the broadcasted or transmitted data from the analyte monitoring device),
receive, through the communication interface, an alert condition set by a follower of the user at the follower's device (Fig. 1 teaches a user interface; [0127] teaches that the user interface shall communicate alerts to flag user attention or recommend remedial action based upon received data from monitor device 110),
determine whether the alert condition is satisfied based on the information about the user's glucose concentration ([0088] teaches that the mobile computing device 102 may include one or more processors executing a mobile application to handle sensor data (e.g., analyzing data for trends, etc.) and/or provide suitable alerts or other notifications related to the sensor data and/or analysis thereof; [0124]- [0125] teaches providing user status information based on analyte measurements that may be communicated via the user interface include information representative of analyte measurement in the user including: the analyte measurements being below a predetermined analyte measurement threshold or range, within a predetermined analyte measurement range, or above a predetermined analyte measurement threshold or range; increase or decrease of analyte measurement over time; rate of change of analyte measurement; analyte variability indicating a standard deviation of analyte measurements during a time period; information relating to trends of analyte measurements), and
control the follower's device to output an alert when the alert condition is satisfied ([0088] teaches communicating suitable alerts associated with analyte measurement including but not limited to - analyte measurements being below a predetermined analyte measurement threshold or range).
Harris fails to expressly teach that the alert condition that is set by a follower of the user may be received through the communication interface from a follower’s device; and storing, in the memory, the alert condition in association with the follower’s device.
Kumar teaches that a healthcare data processing approach in a system comprising:
receiving through the communication interface, information about a user's glucose concentration from an analyte monitoring device attached to the user's body ([0068] teaches that a current glucose value can be transmitted from sensor control device 102 to reader device 120);
wherein an alert condition that is set by a follower of the user, may be received through the communication interface from a follower’s device (see 170 or 180 in fig. 1; [0156] teaches a trusted computer system 180; [0120] teaches that a target level can be programmed (and, is user modifiable) to vary during the course of the day or week ; [0120] teaches that the predetermined target level of user interaction is set by an HCP, or the user's health care team; [ 0064] teaches that local computer system 170 can include one or more of a laptop, desktop, tablet, phablet, smartphone, set-top box, video game console, or other computing device and FIG. 1 depicts trusted computer system 180 and local computer system 170 communicating with a single sensor control device 102 and a single reader device 120; [0156] teaches that analyte data and other information is communicated between reader device 120 and trusted computer system 180 based on a plurality of upload triggers including, data indicative of an analyte level in a bodily fluid (e.g., current glucose level, historical glucose data), a rate-of-change of an analyte level, a predicted analyte level, a low or a high analyte level alert condition, alarm information (e.g., alarm settings), reader device settings, etc., ); and
storing, in the memory, the alert condition in association with the follower’s device ([0140] teaches that the reader/user device 120 shall operate according to the set level of interaction; in Step 1 of FIG. 12B, the predetermined target level of interaction is set wherein this level can be set by an HCP, as well as any other authorized person at least in-part. In Step 2, the predetermined target level of user interaction is compared to the actual level of user interaction. If the user's actual level of interaction is above the predetermined target level, the system can simply wait. As the user's interaction within the user device is considered and used in further determination of whether a target is reached, it follows that the set level of interaction is stored within a memory of the user device 120).
Before the effective filing date of the invention it would have been obvious to modify the system of Harris such that the alert condition may be received from a follower’s device; and store within the memory of the electronic apparatus, the alert condition in association with the follower’s device as suggested by Kumar, for the purpose of allowing a medical professional or caregiver to set patient specific alert conditions. Furthermore, it promotes consistency across the monitoring system because an alert condition which is entered by one authorized device may be stored later and used/referenced by the medical monitor or reader device during normal operation.
Regarding claims 4 and 12,
Harris teaches that the alert condition includes at least one of: a first condition comprising the user's glucose concentration being less than a first threshold value, a second condition comprising the user's glucose concentration being greater than a second threshold value, and a third condition comprising a rate of change of the user's glucose concentration being greater than a third threshold value, wherein the second threshold value is greater than the first threshold value ( [0125] teaches determining whether the analyte measurements is below a predetermined analyte measurement threshold or range, and/or above a predetermined analyte measurement threshold or range.)
Claim(s) 2, 3, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARRIS (US 2026/0013755) in view of KUMAR (US 2021/0361199) and further in view of CAYLE (US 2018/0121610).
Regarding claims 2 and 10,
Harris/Kumar teach the apparatus/method of claims 1 and 9 but fails to expressly teach the further recited limitations of claims 2 and 10.
CAYLE teaches a system for selecting a healthcare data processing approach wherein controlling comprises transmitting alert information to the follower's device, the alert information including alert type information indicating an alert type of the alert ([0050] teaches generating of the alert includes indicating alert type), the alert type information enabling filtering of alerts received by the follower's device based on the alert type wherein the information about the user's glucose concentration is acquired using an analyte sensor at least partially inserted into the user's body ([0076] teaches generating a plurality of notification rules to facilitate communication of individual data messages from a data source by utilizing notification rules which include one or more of a data type, data threshold levels, notification methods, event types, notification timeouts, reminder schedules, notification schedules, escalation instructions, and data manipulation restrictions).
Before the effective filing date of the invention it would have been obvious to further modify the system of Harris such that alert information includes enabling filtering based on alert type, for the purpose of facilitating communication of individual data messages from a data source in a manner which presents only alerts that are relevant to that follower.
Regarding claims 3 and 11,
Cayle teaches that the controlling comprises transmitting, to the follower's device, alert information including user identification information identifying the user among a plurality of users monitored by the follower's device, the user identification information enabling filtering of alerts received by the follower's device based on the use ([0077] teaches that the processing module transmits the configuration information to one or more of the devices of the device group in accordance with the configuration information. For example, the processing module identifies recipients of the configuration information (e.g., predetermined, in accordance with the configuration information, in accordance with a user input) and sends the configuration file to the identified recipients.)
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARRIS (US 2026/0013755) in view of KUMAR (US 2021/0361199) and further in view of SEO (US 2025/0090039).
Regarding claims 6 and 14,
Harris teaches in [0088] that the mobile computing device 102 may perform sensor data analysis locally, other computing device(s) may alternatively or additionally remotely analyze sensor data and/or communicate information related to such analysis with the mobile computing device 102. Harris fails to expressly teach transmitting alert information to the follower's device through a server.
SEO teaches a biometric information and measurement device operating to transmit alert information to a follower's device through a server ([0116] teaches that if the measured analyte concentration of the subject to be analyzed rapidly increases to be greater than or equal to a threshold or if the change trend of analyte concentration rapidly changes by the threshold or more, the server 200 may provide an alarm to the external device 30 or the terminal 100.)
Before the effective filing date of the invention, it would have been obvious to further modify the device of Harris per the teachings of SEO, and transmit alert information to a follower’s device through a server for the purpose of permitting the follower device to monitor measurements without needing to be physically present i.e., extends the supervision of the monitoring device beyond the monitor device’s immediate environment.
Claim(s) 5, 7, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARRIS (US 2026/0013755) in view of KUMAR (US 2021/0361199) and further in view of YANG (US 2024/0341636).
Regarding claims 5 and 13,
Harris teaches the features of claims 1 and 9, but fails to expressly teach the further features of claims 5 and 13.
YANG teaches that the alert condition is transmitted from the follower's device to the electronic apparatus through a server ([0062] teaches that the remote server 150 may send instructions to the blood glucose monitor 110).
Before the effective filing date of the invention, it would have been obvious to further modify the device of Harris per the teachings of Yang such that an alert condition is transmitted from the follower's device to the electronic apparatus through a server for the purpose of sending to the monitor, information on when to output notifications related to when a measurements should be taken.
Regarding claims 7 and 15,
YANG teaches a system and device having data exchange capabilities between a blood glucose monitor and a continuous glucose monitor ([0004]). Yang further teaches that characteristics of the alert output by the follower's device vary according to the alert condition, and wherein the characteristics comprise pitch, intensity, and repetition cycle when the alert is an alert sound ([0047] teaches that a notification definition defines the type of notification to be generated based on the type of pattern, trend, and other characteristics. The notification definition may vary based on a variety of factors, including but not limited to number of days of use of the continuous glucose monitor 120, number of elapsed days since identification of the pattern, the trend, or the other characteristic, severity of the baseline representation associated with the pattern, the trend, or the other characteristic, and number of days following end of use of the continuous glucose monitor 120. Examples of the notifications that may be generated include a visual indicator such as a flashing light emitting diode (LED) and/or a textual display on the user interface, an audible indicator such as an emission of an audio tone and/or a spoken message, and a haptic indicator such as haptic feedback and/or vibration).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE PENDLETON whose telephone number is (571)272-7497. The examiner can normally be reached M-F 9a-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIONNE PENDLETON/ Primary Examiner, Art Unit 2689
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