Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 1 of 12
`Case 1:19-cv-11586—IT Document 72-6 Filed 06/05/20 Page 1 of 12
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`EXHIBIT F
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`EXHIBIT F
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 2 of 12
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFI
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`Applicants:
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`Roger J. Quy
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`Serial No.: 10/418,845
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`Filed: April 18, 2003
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`Title:
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`METHOD AND APPARATUS FOR
`HEALTH AND DISEASE
`MANAGEMENT COMPBINING
`PATIENT DATA MONITORING
`WITH WIRELESS INTERNET
`CONNECTIVITY
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`Examiner: Wolfe, Willis R.
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`Group Art 3747
`Unit:
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`PETITION FOR EXTENSION OF TIME AND
`AMENDMENT
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`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Applicant hereby requests that the due date for response to Office action dated July 8,
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`2004 be extended by (1) month from October 8, 2004 to November 8, 2004. Enclosed please
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`find a PTO Form-2038 Credit Card Form in the amount of $55.00 (small entity) for the fee to
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`extend the due date by (1) month.
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`11/08/2004 BABRAHAl 00000037 10418845
`55.00 OP
`01 FC:2251
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`I hereby certify that this correspondence is being
`deposited with the United States Postal Service
`as First Class Mail in an envelope addressed to
`the Commissioner for Patents, P.O. Box 1450,
`Alexandria, VA 22313-1450, on:
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`(Date of Deposit)
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`Na"'tnt"'-tr oi, ~t/
`~~ (Name of the Person Making tlie Deposit)
`'B~s~~%er
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`Attorney Docket No. 00125/002002
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 3 of 12
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`In response to the Office Action dated July 8, 2004, the period therefore having been
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`extended by a Petition therefore and payment of the extension fee, kindly amend the above(cid:173)
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`identified application as follows.
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`In the Specification:
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`Please amend the abstract as follows:
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`Embodiments of the invention provide a method and apparatus for a wireless health monitoring
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`system for interactively monitoring a disease er health condition of a patient by connecting an
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`internet-enabled wireless web device ("WWD") to a health monitoring device which may be a
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`medical device er ether health related de:viee s1:1eh as an eJ(ereise maeaiHe. Tae J)/WD may be
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`eenBeeted te the aealth menitering ae1.riee direetly 'by a wired eollfleetion te a geHerie
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`inp1:1t/01:1tp1:1t 19ert ef the WWD 1:1siHg an 019tioaal adBJ9tor if Heeessary. AltematiYely, the \\l\\lD
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`ma;· 'be wirelessly eem1eeted to tae healta monitering aeviee, s1:1eh as via an iafrared or raaio
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`freE!:1:leney eonBeetion, inel1:1aing 1:1sing pretoeols s1:1ea as Bl1:1etooth er 802.11. The \Yireless
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`eellfleetioH may also emJ9loy an aa.BJ9tor if neeessary. The 1:1ser may else inp1:1t aata to the J)PND
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`manually, s1:1eh as by a keypaa, keyaoara, styl1:1s, or optioHally by voiee eommaad.
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`The health related data is transmitted from the WWD to a server using standard internet
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`protocols. The server calculates a response using a software program which may include an
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`algorithm or artificial intelligence system, and may further provide for review by a physician or
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`health specialist. The user may interact with the server. For example, the server transmits a
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`response to the WWD, and the user may answer the response or provide other information.
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`2
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`Attorney Docket No. 00125/002002
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 4 of 12
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`In the Claims:
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`Please amend the claims as follows:
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`1.
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`(Cancelled) A wireless health-monitoring system for monitoring a disease state or
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`condition of a patient, comprising:
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`an internet-enabled wireless web device, the internet-enabled wireless web device
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`including a first communications port having a generic input/output port and a second
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`communications port having a circuit for wireless communications with a network, the internet(cid:173)
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`enabled wireless web device configured to store:
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`a health parameter, the health parameter corresponding to a disease state or
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`condition of a patient and determining means:
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`a device application; and
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`a user interface; and
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`a server application, residing on a computer readable medium and disposed on a server in
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`communication with the wireless network, for causing the server to:
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`receive the determined health parameter;
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`calculate a response based in part on the determined health parameter; and
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`provide the response to the internet-enabled wireless web device.
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`2.
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`(Cancelled) A system for communicating medical data from a health-monitoring device,
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`the health-monitoring device having an output port, comprising:
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`a wireless device having an input port for receipt of data from an output port of a health(cid:173)
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`monitoring device, the wireless device further comprising an input/output port for wireless
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`communication with a computer network.
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`3.
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`(Cancelled) The system of claim 2, wherein the input port of the wireless device and the
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`health-monitoring device are coupled via a wireless connection.
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`4.
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`(Cancelled) The system of claim 3, wherein the wireless connection is selected from the
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`group of connections consisting of: RF, infrared, Bluetooth, and 802.11.
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`3
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`Attorney Docket No. 00125/002002
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 5 of 12
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`5.
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`(Cancelled) The system of claim 2, wherein the input port of the wireless device and the
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`health-monitoring device are coupled via a wired connection.
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`6.
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`7.
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`8.
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`(Cancelled) The system of claim 2, wherein the data is blood glucose data.
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`(Cancelled) The system of claim 2, wherein the wireless device is a mobile phone.
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`(Cancelled) The system of claim 2, further comprising a server application, resident on
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`a server accessible via the internet to a caregiver, for receipt and analysis of the data from the
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`health-monitoring device.
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`9.
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`(Cancelled) The system of claim 8, wherein the server application issues an alert to the
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`caregiver if the data falls outside a predetermined range.
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`(Cancelled) The system of claim 9, wherein the alert is an email, a telephone call, or a
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`10.
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`fax.
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`11.
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`(Cancelled) The system of claim 2, wherein the wireless device is an internet-enabled
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`wireless web device.
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`12.
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`(Cancelled) The system of claim 11, wherein the internet-enabled wireless web device
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`is selected from the group consisting of: an internet-enabled mobile phone; a handheld, palm, or
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`laptop computer having an optional implemented or integral wireless capability; a personal
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`digital assistant with a wireless capability, and a hybrid device of a handheld computer and
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`mobile telephone.
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`13.
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`(Cancelled) The system of claim 2, further comprising an adaptor for connection
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`between the output port of the health-monitoring device and the input port of the wireless device.
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`14.
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`(Cancelled) The system of claim 2, further comprising a manual system for input of an
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`additional health parameter, the manual system integral with or in signal communication with the
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`wireless device.
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`4
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`Attorney Docket No. 00125/002002
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 6 of 12
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`15.
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`(Cancelled) The system of claim 14, wherein the health parameter is selected from the
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`group consisting of: nutrition information, medical history, or lifestyle information.
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`16.
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`(Cancelled) A method for communicating medical data from a health-monitoring
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`device, the health-monitoring device having an output port, comprising:
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`disposing a health-monitoring device in data communication with a wireless device;
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`communicating data from the health-monitoring device to the wireless device; and
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`wirelessly communicating data from the wireless device to a computer network.
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`17.
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`(Cancelled) The method of claim 16, further comprising disposing the health-
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`monitoring device and the wireless device in data communication via a wireless connection.
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`18.
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`(Cancelled) The method of claim 17, wherein the wireless connection is selected from
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`the group of connections consisting of: RF, infrared, Bluetooth, and 802.11.
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`19.
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`(Cancelled) The method of claim 16, further comprising disposing the health-
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`monitoring device and the wireless device in data communication via a wired connection.
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`20.
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`(Cancelled) The method of claim 16, wherein the communicating data includes
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`communicating blood glucose data.
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`21.
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`(Cancelled) The method of claim 16, wherein the wireless device is a mobile phone.
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`22.
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`(Cancelled) The method of claim 16, further comprising receiving and analyzing the
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`data using a server application that is resident on a server accessible via the internet to a
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`caregiver.
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`23.
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`(Cancelled) The method of claim 22, further comprising issuing an alert to the caregiver
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`if the data falls outside a predetermined range.
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`Attorney Docket No. 00125/002002
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 7 of 12
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`24.
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`(Cancelled) The method of claim 23, wherein the alert is an email or a telephone call or
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`a fax.
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`25.
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`(Cancelled) The method of claim 16, further comprising receiving and analyzing the
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`data using an application that is resident on the wireless device.
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`26.
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`(Cancelled) The method of claim 25, further comprising issuing an alert to the caregiver
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`if the data falls outside a predetermined range.
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`27.
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`(Cancelled) The method of claim 26, wherein the alert is an email or a telephone call or
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`a fax.
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`28.
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`(Cancelled) The method of claim 16, wherein the wireless device is an internet-enabled
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`wireless web device.
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`29.
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`(Cancelled) The method of claim 16, further comprising disposing an adaptor for
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`connection between the wireless device and the health-monitoring device.
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`30.
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`(Cancelled) The method of claim 16, further comprising entering additional health
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`parameters into the health-monitoring device or the wireless device via a manual system.
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`31.
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`(Previously Presented) A internet-enabled wireless web device for monitoring health
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`connected in at least periodic wireless communication with a server, comprising:
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`an internet enabled wireless web device running an application;
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`a port for communications with an implantable medical device via a first wireless
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`connection;
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`a port for wireless mobile communications with a mobile telephone network via a second
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`wireless connection;
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`such that the application functions to accept a health parameter from the implantable
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`medical device via the first wireless connection, and
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 8 of 12
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`such that the application functions to transmit data corresponding to the accepted health
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`parameter to the server via the second wireless connection.
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`32.
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`(Previously Presented) The device of claim 31, wherein the first wireless connection is
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`selected from the group consisting of: 802.11, 802.16, and Bluetooth communication schemes.
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`33.
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`(Previously Presented) The device of claim 31, wherein the second wireless connection
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`is a mobile or cellular phone network.
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`34.
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`(Previously Presented) The device of claim 31, wherein the internet-enabled wireless
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`web device is a mobile phone.
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`35.
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`(Previously Presented) The device of claim 31, wherein the implantable medical device
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`is selected from the group consisting of: cardiac monitors, hear rate monitors, blood pressure
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`monitors, respiratory monitors, temperature monitors, blood glucose monitors, and combinations
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`thereof.
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`36.
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`(Currently amended) A method of using an internet-enabled wireless web device to
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`monitor health, the device connected in at least periodic wireless communication with a server,
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`comprising:
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`running an application on an internet-enabled wireless web device;
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`accepting a health parameter from an implantable medical device via a first wireless
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`connection;
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`transmitting data corresponding to the health parameter to a server via a second wireless
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`connection. the second wireless connection employing a mobile or cellular phone network.
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`3 7.
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`(Previously Presented) The method of claim 36, wherein the first wireless connection is
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`selected from the group consisting of: 802.11, 802.16, and Bluetooth communication schemes.
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`38.
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`(Cancelled) The method of claim 36, wherein the second wireless connection is a mobile
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`or cellular phone network.
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`39.
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`(Previously Presented) The method of claim 36, wherein the internet-enabled wireless
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`web device is a mobile phone.
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 9 of 12
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`40.
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`(Previously Presented) The device of claim 36, wherein the implantable medical device
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`is selected from the group consisting of: cardiac monitors, heart rate monitors, blood pressure
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`monitors, respiratory monitors, temperature monitors, blood glucose monitors, and combinations
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`thereof.
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`41.
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`(Previously Presented) A internet-enabled wireless web device connected in at least
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`occasional wireless communication with a network for monitoring a health parameter measured
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`by an implantable device, comprising:
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`an internet-enabled wireless web device running an application, having a port for
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`communications with an implantable medical device via a first wireless connection, and having a
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`port for wireless mobile communications with a network via a second wireless mobile
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`communications with a network via a second wireless connection;
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`such that the application functions to accept a health parameter from the implantable
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`medical device via the first wireless connection, and
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`such that the application functions to transmit data corresponding to the accepted health
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`parameter to the server via the second wireless connection.
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`42.
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`(Previously Presented) The device of claim 41, wherein the first wireless connection is
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`selected from the group consisting of: 802.11, 802.16, and Bluetooth communication schemes.
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`43.
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`(Previously Presented) The device of claim 41, wherein the second wireless connection
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`is to a mobile or cellular phone network.
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`44.
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`(Previously Presented) The device of claim 41, wherein the internet-enabled wireless
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`web device is either a mobile phone or a PDA having a wireless communications capability.
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`45.
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`(Previously Presented) The device of claim 41, wherein the implantable medical device
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`is selected from the group consisting of: cardiac monitors, heart rate monitors, blood pressure
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`monitors, respiratory monitors, temperature monitors, blood glucose monitors, and combinations
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`thereof.
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`46.
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`(Currently Amended) A method of using an internet-enabled wireless web device to
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`monitor health, the device connected in at least occasional wireless communication with a server,
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`comprising:
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 10 of 12
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`running an application on the internet-enabled wireless web device;
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`accepting a health parameter from an implantable medical device via a first wireless
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`connection;
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`transmitting data corresponding to the health parameter to a server via a second wireless
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`connection. the second wireless connection employing a mobile or cellular phone network.
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`4 7.
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`(Previously Presented) The method of claim 46, wherein the first wireless connection is
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`selected from the group consisting of: 802.11, 802.16, and Bluetooth communication schemes.
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`48.
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`(Cancelled) The method of claim 46, wherein the second wireless connection is to a .
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`mobile or cellular phone network,
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`49.
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`(Previously Presented) The method of claim 46, wherein the internet-enabled wireless
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`web device is a mobile phone or a PDA having a wireless communications capability.
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`50.
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`(Previously Presented) The device of claim 46, wherein the implantable medical device
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`is selected from the group consisting of: cardiac monitors, heart rate monitors, blood pressure
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`monitors, respiratory monitors, temperature monitors, blood glucose monitors, and combinations
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`thereof.
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`Remarks
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`The Applicants first wish to thank the Examiner for the consideration shown in replacing
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`the prior Office Action with the current one. Claims 1-50 were pending in this application.
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`Claims 1-30 have been cancelled here. Claims 36 and 46 have been amended. Claims 38 and 48
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`have been cancelled. Accordingly, claims 31-37, 39-47, and 49-50 remain pending.
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`Reconsideration and allowance are requested.
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`The Examiner has required correction of the abstract, to less than 150 words. This
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`correction is made above.
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`Claim 1 has been rejected under 35 U.S.C. 101 for double-patenting. This rejection has
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`been obviated by canceling claim 1.
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`Attorney Docket No. 00125/002002
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 11 of 12
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`Pending claims 31, 33-36, 38-41, 43-46, and 48-50 stand rejected as allegedly anticipated
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`by Heinonen et al. This rejection is traversed with respect to the amended independent claims
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`31, 36, 41, and 46 as follows.
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`Applicants agree with the Examiner that the reference shows a measuring device in
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`combination with a cell phone and that the same is wirelessly connected to a hospital. However,
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`Applicants disagree that this anticipates the claims. In particular, the very nature of Heinonen is
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`that the measuring device can be fit into ( or at least associated with) the cell phone. Heinonen
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`mentions that the two may be separate, but in this instance the reference notes that the two may
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`be connected by means of a cable.
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`In the current invention, the measuring device is an
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`implantable device, and thus by its nature must communicate with the internet-enabled wireless
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`web device in a wireless fashion, not via a cable. Nowhere does Heinonen teach or disclose "a
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`port for communications with an implantable medical device via a first wireless connection", as
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`required by claim 31 and by analogous language in the other independent claims. Thus,
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`Applicant respectfully submits that the rejections based on Heinonen should be withdrawn and
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`the claims passed to issue.
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`Pending claims 31-50 stand rejected as allegedly anticipated by Linberg or Nelson et al.
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`This rejection is traversed with respect to the independent claims 31, 36, 41, and 46 as follows.
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`Applicant agrees with the Examiner that Linberg discloses a health device with an output
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`that communicates with a computer network, but disagrees that the same is done via an internet(cid:173)
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`enabled wireless web device having a port for wireless mobile communications with a mobile
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`telephone network. Rather, Linberg discloses the use of modems (column 11, line 67),
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`microwaves (column 12, line 5), RF (column 12, line 5), and mentions the generic term
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`"wireless" but without specifying the same to mobile or cellular communications, e.g., column
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`12, lines 10-11. The "preferred" embodiment employs a Telnet system ( column 12, lines 14-15).
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`The use of mobile or cellular communications is important in the current invention to allow off(cid:173)
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`the-shelf internet-enabled wireless web devices to achieve interchangeability, cost savings, and
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`cross-platform programmability. Thus, Applicant respectfully submits that the rejections based
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`on Linberg should be withdrawn and the claims passed to issue.
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`The relevant portions of Nelson are the same as that of Linberg, and Applicant
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`respectfully submits that the rejections based on Nelson should be withdrawn and the claims
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`passed to issue for at least the same reasons.
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`Case 1:19-cv-11586-IT Document 72-6 Filed 06/05/20 Page 12 of 12
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`The rejections based on Layson Jr. have been obviated by canceling the rejected claims.
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`For at least all of the above reasons, Applicant respectfully submits that the rejections of
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`the independent claims should be withdrawn. The claims dependent therefrom are submitted
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`therefore to be in allowable form for at least the same reasons.
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`If the Examiner believes a telephone conference would expedite or advance prosecution
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`of the application, he is invited to contact the undersigned at the telephone number given below.
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`No additional fees are believed due for this submission, however, if any fees are required,
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`authorization is hereby given to the Commissioner for Patents to charge the same to Deposit
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`Account No. 50-1187.
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`Date: /kv. 2 2oOC(
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`Mark D. Wieczore
`Attorney for Applicants
`Registration No. 37,966
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`Attorney Docket No. 00125/002002
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