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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-15 in the reply filed on 9/12/2025 is acknowledged.
Claim Objections
Claims 7-10 are objected to because of the following informalities:
Claim 7, line 2: “sub adhesive tape” should read --sub-adhesive tape--
Claim 8, line 1: “sub adhesive tape” should read --sub-adhesive tape--
Claim 8, line 2: “the pieces of sub adhesive tape” should read --the pieces of sub-adhesive tape--
Claim 9, line 1: “sub adhesive tape” should read --sub-adhesive tape--
Claim 10, line 2: “one piece of sub adhesive tape” should read --one piece of the sub-adhesive tape--
Claim 10, line 3: “the other piece of sub adhesive tape” should read --the other piece of the sub-adhesive tape --
Appropriate correction is required.
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.
Claims 1-5 and 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali (US 20050197550) in view of Berman (US 3085577).
Regarding claim 1, Al-Ali teaches a sensor, comprising a sealing tape (600) having a first folding line and a second folding line (See Fig. 6B, first and second folding lines of trifold wrap 620); and an electronic component (Figure 6B, emitter 310, detector 350) adhered to a middle area (center portion 621) between the first folding line and the second folding line, a first side area of the sealing tape is folded along the first folding line and adhered to the middle area to cover the electronic component, a second side area of the sealing tape is folded along the second folding line and adhered to the first side area (See Fig. 6C, the side portions 625 are folded); however, Al-Ali does not explicitly teach “to hermetically wrap the electronic component in the sealing tape”. In Al-Ali, the side portions 625 are folded around the housing assembly 500, wherein the housing protrudes through the cutouts 626.
Berman, in a related field of endeavor, teaches a medical electrode (Fig. 3) comprising first and second areas (24, 25) of sealing tape (10) folded to cover an electronic component (Col. 3, lines 24-26, conducting member 19) to hermetically wrap the electronic component in the sealing tape. (Claim 2; Col. 2, lines 7-22 a flexible tape 10 for adhesive application to the skin, a small thin conducting member 19 disposed on the underside of the tape, said tape being of resilient, nonporous material, and provides essentially an airtight covering over said thin conducting member when the tape is applied to the skin).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Al-Ali to teach “to hermetically wrap the electronic component in the sealing tape” as taught by Berman. Doing so properly secures the sensor around the skin and protects the electronic component from the external environment.
Regarding claim 2, Al-Ali teaches wherein the first folding line and the second folding line are preformed intermittent cut lines, creases, or indentations. (See Fig. 6B, trifold wrap 620 with foldable side portions 625 illustrated with preformed intermittent cut lines).
Regarding claim 7, Al-Ali teaches wherein the sealing tape (600) is formed by bonding a pair of pieces (625) of sub adhesive tape (face tape 610). (Paragraphs [0020]-[0021]).
Regarding claim 8, Al-Ali teaches herein each piece of the sub adhesive tape (610) includes a bonding area (i.e., Bioflex RX848P and 3M 1527ENP), and the bonding areas of the pieces of sub adhesive tape are overlapped and bonded with each other. (See Fig. 6C; Paragraphs [0020]-[0021]).
Regarding claim 9, Al-Ali teaches wherein the bonding areas of the sub adhesive tape (610) corresponds to the middle area (621) of the sealing tape (600). (See Fig. 6C).
Regarding claim 10, Al-Ali illustrates (Figs. 6A-6D) wherein the first folding line is defined by an edge of the bonding area of one piece of sub adhesive tape (Fig. 6D, top side of 610), and the second folding line is defined by an edge of the bonding area of the other piece of sub adhesive tape. (Fig. 6D, bottom side of 610).
Regarding claim 11, Al-Ali teaches wherein the sensor is a blood oxygen sensor for detecting blood oxygen saturation. (Abstract).
Regarding claim 12, Al-Ali teaches wherein the electronic component includes a light emitter (310) for emitting light and a light receiver (350) for receiving the light emitted by the light emitter. (Fig. 6B; Paragraph [0014]).
Regarding claim 13, Al-Ali teaches wherein the electronic component (emitter 310, detector 350) includes a circuit board (body 110). (Fig. 1B; Paragraph [0014]).
Regarding claim 14, Al-Ali teaches wherein the light emitter (310) and the light receiver (350) are electrically connected to or mounted on the circuit board (body 110). (Fig. 1B; Paragraph [0014]).
Regarding claim 15, Al-Ali teaches a cable (120), an end conductor of the cable is electrically connected to the circuit board (110), (See Figs. 1B, 2), and sealed and wrapped in the sealing tape (600). (See Fig. 2; Paragraph [0006] the cable assembly is disposed within a tape assembly adapted to attach the emitter and detector to a tissue site.)
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali in view of Berman, further in view of Tan (CA 1326265).
Regarding claim 3, Al-Ali as modified does not teach “wherein the sealing tape has a waterproof substrate that is strip-shaped and an adhesive coated on a surface of the waterproof substrate”.
Tan, in a related field of endeavor, teaches a pulse oximeter sensor wrap (Fig. 1a-1c) wherein the sealing tape (18) has a waterproof substrate that is strip-shaped (release strip 26) and an adhesive coated (24) on a surface of the waterproof substrate. (Page 7, second paragraph).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Al-Ali as modified to teach “wherein the sealing tape has a waterproof substrate that is strip-shaped and an adhesive coated on a surface of the waterproof substrate” as taught by Tan. Doing so enables the strip to be washed between uses and reused. (Page 7, second paragraph).
Regarding claim 4, Al-Ali as modified does not teach “wherein the waterproof substrate is a waterproof envelope paper”.
Tan teaches wherein the waterproof substrate (26) is a waterproof envelope paper. (Page 6, lines 1-4 release strip of silicone coated kraft paper).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Al-Ali as modified to teach “wherein the waterproof substrate is a waterproof envelope paper” as taught by Tan. Doing so protects the adhesive area from unintended adhesion and contamination prior to use. (Page 7, second paragraph).
Regarding claim 5, Al-Ali as modified does not teach “wherein the adhesive is coated on one surface of the waterproof envelope paper”.
Tan teaches wherein the adhesive (24) is coated on one surface of the waterproof envelope paper (26). (Page 7, second paragraph).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Al-Ali as modified to teach “wherein the adhesive is coated on one surface of the waterproof envelope paper” as taught by Tan. Doing so provides a mechanism to affix the LED strip. (Page 7, second paragraph).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Om A. Patel whose telephone number is (571)272-6331. The examiner can normally be reached Monday - Friday 8 a.m. - 5 p.m..
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/OM PATEL/Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791