DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/20/06 has been entered.
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) 1-7 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antonio (US 2017/0290532) in view of Huang (US 2021/0030273).
As to claim 1, Antonio teaches a high reliability analyte detection device (Abstract) characterized in that, comprising: a bottom case (112); a sensor (404), assembled on the bottom case (Fig. 2B), wherein the sensor comprises a signal output portion and a detection portion (Fig. 4 – see sensor 404 with the vertical portion being the detection portion and the horizontal portion being the signal output portion), which has a shape of a polyline or an arc toward a top of the bottom case (Fig. 7A), is provided with at least two first electrical connection ends insulated from each other(Fig. 15A – 1535); a transmitter (106), fastened with the bottom case (Fig. 2A), wherein the transmitter is provided with at least two second electrical connection ends which are insulated from each other (1517) and corresponding to the first electrical ends (Fig. 15A); and one elastic member contacted with the signal output portion (402), and a sensor base (219), wherein the bottom case comprises an assembly hole (Fig. 2B – center hole).
Antonio fails to expressly teach a first fastening structure around the assembly hole, the assembly hole being complementary to an outer peripheral contour of the sensor base such that the sensor base is received within the assembly hole, a second fastening structure provided around the sensor base, the second fastening structure and the first fastening structure being engaged with each other to install the sensor base into the assembly hole of the bottom case, the sensor being installed on the sensor base. Still, it recognizes the importance of having components engaged with each other to make tight connections, including the use of cavities to insert components (415), and various rings to make a watertight connection (e.g. 403, 405, 406, etc).
Huang teaches a physiological signal monitoring device including a base and a biosensor mounted to the base (Abstract), the sensor configured to measure glucose concentration in the interstitial fluid of the host ([0034]). Huang teaches a “bottom case” comprising “an assembly hole” (Fig. 2-5 – base 1 including a base body 11 with a bottom plate 111, a through hole 118 extending through top and bottom surfaces 115, 116 of the bottom plate 111 and communicated to the mounting groove), a “first fastening structure around the assembly hole”, a “second fastening structure … provided around the sensor base” and that the two “are engaged with each other to install the sensor base into the assembly hole” and further teaches the complementary-contour relationship” ([0049] – the third sealing member is clamped between an inner peripheral surface of the inner surrounding wall 114 of the base and the outer surrounding surface of the mounting seat 21”; [0053] – the third sealing member is elastic and the surrounding surface 213 of the mounting seat 21 tightly abuts against the third sealing member for the mounting seat to be fixedly mounting to the mounting groove of the base). The inner peripheral surface of the inner surrounding hole 114 is a first fastening structure disposed around the hole; the outer surrounding surface 213 is a second fastening structure disposed around the sensor base; the recitation that the seal is clamped between those two surfaces around their entire periphery, and that the seat is thereby fixedly mounted, necessarily requires that the wall’s inner contour to be complementary to the seat’s outer peripheral contour, with the seat received within it. In addition, Huang also teaches the signal output portion, which has a shape of a polyline or an arc toward a top of the bottom case ([0039] – extended section 223 extends from the mounting space to the fitting hole; [0038] – an angle is defined between the inserting direction and the extending direction; [0040] – extends out of the top surface of the mounting seat along the direction of the first axis). It would have been obvious to one of ordinary skill in the art to modify Antonio’s sensor assembly to seat its sensor base in an assembly hole of the mounting base by way of mating fastening structures around the hole and around the sensor base to prevent against lateral and rotational displacement which may negatively affect measurement values, as well as to prevent an entry path against ingress of interstitial fluid and moisture along the leakage pathway that the throughout hole would otherwise create.
As to claim 2, Antonio teaches the second electrical connection ends are contact pins (Fig. 12B - 1204). Antonio also states that the elastomeric connectors can be metallic ([0313]). Accordingly, the examiner gives official notice that the use of metal contact pins for electrical connection ends is well known in the art and would have been obvious to utilize within the teachings of Antonio as it would be an obvious substitution yielding similar results.
As to claim 3, Antonio teaches the signal output portion is disposed on a top of the elastic member (Fig. 21 – 2140 placed on top of 2132a). It does not teach that the electrical connection ends is directly connected with a corresponding second electrical connection end of the second electrical connection end. However, Antonio teaches that another sensor end can be placed directly on top of the sensor with certain connectors making direct contact ([0343-0345]). It would have been obvious to modify Antonio to allow for direct contact between the sensor connection ends and the transmitter connection ends as it would have been an obvious substitution yielding similar results.
As to claim 4, Antonio teaches the elastic member teaches at least two conductive areas (1128a) and at least one insulation area ([0326]), and the insulation area is provided between two adjacent conductive areas of the at least two conductive areas (Fig. 11B), and the at least two first electrical connection ends, through different conductive areas of the at least two conductive areas, are respectively electrically connected to the corresponding second electrical connection ends of the second electrical connection ends (Fig. 23), and the first electrical connection ends or the second electrical connection ends are respectively electrically connected to the different conductive areas (Fig. 23).
As to claim 5, Antonio teaches the conductive area and the insulation area expand across the elastic member in a vertical direction, respectively (Fig. 23; [0033]).
As to claim 6, Antonio teaches the signal output portion is embedded inside the elastic member or disposed at a bottom of the elastic member (Fig. 21).
As to claim 7, Antonio teaches first electrical connection ends are provided on different parts of the signal output portion which are independent of each other and do not interfere with each other (Fig. 16).
As to claim 10, while Antonio teaches the number of electrical connection ends are three on each ([0324] – teaches that the elastomeric connector can accommodate any number of contacts such as 3, implying that the number of connection ends can be 3).
As to claim 11, Antonio teaches the bottom case further comprises a sensor base (219) where the signal output portion and the elastic member is disposed (Fig. 6) and the signal output portion has a shape of a polyline or an arc towards a top of the sensor base (Fig. 7A).
Response to Arguments
Applicant’s arguments 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. Specifically, the Moein reference has been replaced with Huang, in light of the new amendments, rendering the arguments moot.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN JANG whose telephone number is (571)270-3820. The examiner can normally be reached Monday-Friday (7-3:30 EST).
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, Robert Chen can be reached at 571-272-3672. 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.
CHRISTIAN JANG
Primary Examiner
Art Unit 3791
/CHRISTIAN JANG/Primary Examiner, Art Unit 3791 8/20/26
Prosecution Insights