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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/13/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 and 6-11 is/are rejected under 35 U.S.C. 103 as being obvious over Gannon et al (US 2019/0046033) and Ryu et al (KR 10-2018-0092473, foreign reference in IDS mailed on 01/13/2026, the translated version is relied on herein), in view of Shi et al (US 2018/0028071).
As to claim 1, Gannon discloses a disposable electronic thermometer (patch 10 with cover 400, par.25-52, fig.1-4, wherein patch 10 is more than capable of being disposable) comprising:
a base substrate (substrate 40 having flexible circuit 34 disposed on, par.52, fig.2-3) including an adhesive layer formed on one surface and configured to be attached to a user's body (the second substrate had a double-sided adhesive with a release liner 42, where one side 43 (e.g., the outwardly-facing side) of the adhesive was preferably a skin-contact approved adhesive, par.52, fig.1-3);
a controller including a circuit board (circuit 38, par.52, fig.2-4) disposed on one surface of the base substrate (38 is disposed on upper surface of substrate 40/34, par.52 and par.70, fig.2-4) and at least one driving chip (communications chip, par.52) mounted on the circuit board;
a temperature sensor (temperature sensor 39, par.52, par.70-76, fig.2-4) disposed on one surface of the base substrate and electrically connected to the circuit board and configured to measure the user's body temperature (sensor 39 is disposed on upper surface of substrate 40/34, par.70-76, fig.2-4);
a Near Field Communication (NFC) antenna electrically connected to the circuit board and disposed on one surface of the base member (NFC antenna 36, par.29 and par.51-52, fig.2-4) disposed on one surface of the base substrate (as best seen in fig.2-3); and
a cover member (cover 400 is a plate-shaped film attached to lower and upper substrates of patch 10, par.25-27, fig.1 and 11) attached to one surface of the base substrate to prevent external exposure of the circuit board, the temperature sensor and the NFC antenna,
wherein the base substrate includes a first portion in which the circuit board and the NFC antenna are disposed on one surface thereof (circuit 38 and antenna 36 are disposed on larger right-side portion of substate 40/34, as best seen in fig.2-3, par.70), and
a second portion extending from the first portion to have a smaller area than the first portion and where the temperature sensor is disposed (sensor 39 is disposed on smaller left-side portion of substrate 40/34, as best seen in fig.2-3, par.70);
the circuit board is provided to have an area corresponding to a partial area of the total area of the first portion (circuit 38 is provided in partial area of total area of the larger right-side portion of substate 40/34, as best seen in fig.2-3, par.70);
wherein the NFC antenna is a coil in which a wire having a predetermined length is wound multiple times (antenna 36 have multiple coils wound multiple times, as best seen in fig. 2-3).
Gannon substantially discloses the disposable thermometer as claimed above, wherein NFC antennal partially surround circuit board 38 (as best seen in fig.3), but failed to explicitly teach the NFC antenna surrounds the outside of the circuit board.
However, Ryu teaches an analogous patch type sensor module (abstract, fig. 1 and 6), wherein the patch comprises: temperature sensor (150, fig.1, 5 and 6), NFC antenna (antenna pattern 120, page 3) and circuit board (140 and/or 240, page 3, fig.1, 5 and 6) is configured as a coil in which a wire having a predetermined length is wound multiple times, and is disposed on the first portion to surround an outside of the circuit board, wherein the circuit board is disposed in an inner region of the NFC antenna without an antenna pattern formed thereon so as to occupy only a partial area of the first portion (as best seen in fig.1, 5 and 6, antenna pattern 120 is wound multiple times around the outside of circuit board 140/240, pages3-5).
However, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art at the time the invention was made to design the NFC antenna taught by Gannon to surrounds the circuit board, so that the coil is disposed on one surface of the base substrate to surround the outside of the circuit board to prevent electrical short-circling (page 4), as taught by Ryu’s invention, because the Applicant has not disclosed that this design/pattern of NFC antenna provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected the thermometer patch taught by Gannon/Ryu combination and the Applicant’s invention, to perform equally well with either the NFC antenna design taught by Gannon/Ryu combination or the claimed NFC antenna design/pattern because both sensor patches would perform the same function of measuring body temperature and/or physiological parameters and transmitting the measurements to a remote device.
Therefore, it would have been prima facie obvious to modify NFC antenna 36 taught by Gannon’s invention to surround the outside of the circuit board to obtain the invention as specified in claim 1 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Gannon/Ryu combination. In re Rose, 105 USPQ 237 (CCPA 1955).
Still, as to claim 1, Gannon/Ryu combination teaches the invention substantially as claimed above, but failed to explicitly teach the temperature sensor is electrically connected to the circuit board through at least one wire extending from the circuit board to the second portion, and is not mounted on the circuit board.
Nevertheless, Shi teaches an analogous temperature patch (100, abstract, par.21, fig.1-3), wherein the temperature sensor (301, par.29, fig.2-3) is electrically connected to the circuit board through at least one wire (flexible conductive ribbon 303 is connected to the temperature sensor 301, par.32, fig.2-3) extending from the circuit board to the second portion, and is not mounted on the circuit board (303 is connected to the temperature sensor 301 in the thermally conductive cup 302 and to the first electric circuit in the stretchable and permeable substrate 205, par.32, as best seen in fig.2-3).
Since wired sensors in wearable patches are well-known in the art, so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to connect temperature sensor 39 with circuit 38, taught by Gannon’s invention, with wire extending between the sensor/second portion and the circuit board/first portion, as taught by Shi’s invention, without changing its respective function of electrical connecting the sensor with the circuit board, to transfer measured temperature to the circuit, as taught by Shi’s invention (par.29-33).
As to claim 6, Gannon discloses the disposable electronic thermometer, wherein the cover member is a plate-shaped film member (as best seen cover 400 is a plate-shaped film, par.25-27, fig.1 and 11).
As to claim 7, Gannon discloses the disposable electronic thermometer, wherein the disposable electronic thermometer receives driving power through the NFC antenna when NFC tagging is performed (antenna 36 for wireless communication (and/or power transfer, if used with NFC, RFID, or similar), par.72).
As to claims 8 and 11, Gannon discloses the disposable electronic thermometer, wherein the controller further includes a memory (onboard memory 62 in patch 10, temperature measurements can be taken on-demand and/or at pre-set intervals, and can be stored locally in the memory of the patch 10, par.27, par.33, obtain temperature readings and store these reading and time-associated data of the reading in onboard memory, par.52 and par.77, fig.2-4) for storing body temperature information measured by the temperature sensor; wherein the controller measures the user's body temperature at regular time intervals through the temperature sensor and store the measured temperature information in the memory (the temperature is measure during time interval/hours and is stored in onboard memory in patch 10, par.27, par.33 and par.52-57 and par.77); and wherein the measure temperature information stored in the memory is transmitted to the outside through the NFC antenna when NFC tagging is performed (NFC transmits measured temperature to remote device 14 inherently when tagging is performed, par.27-29, par.52 and par.69-70, fig.1-3).
As to claim 9, Gannon discloses the disposable electronic thermometer, wherein the controller transmits body temperature information measured by the temperature sensor to the outside of the circuit board through the NFC antenna (NFC antenna of patch 10 transmits measure temperature to remote device 14, par.27-29, par.52 and par.69-70, fig.1-3).
As to claim 10, Gannon discloses the disposable electronic thermometer, wherein the disposable electronic thermometer further includes a power supply part for providing driving power to the controller (printed battery 32 with battery electrodes 33A, 33B, par.52, fig.2-3).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being obvious over Gannon et al (US 2019/0046033), Ryu et al (KR 10-2018-0092473) and Shi et al (US 2018/0028071), in further view of Toth et al (US 2015/0351690).
As to claim 2, Gannon/Ryu/ Shi combination disclose the inventio substantially as claimed above but failed to explicitly teach the base substrate is a porous substrate.
However, Toth teaches an analogous patch that measures physiological parameters, such as temperature (abstract and par.60), wherein the substrate may be formed from a suitably porous, hydrophilic material. The porous hydrophilic material may be configured to wick fluids from the surface of the skin during attachment, so as to form intimate contact therewith and to bond to the skin during the period of intimate contact (par.203).
Since porous substrates are well-known in the art, so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to form substrate 22/36 taught by Gannon’s invention from a porous material, as taught by Toth’s invention, in order to wick fluids from the surface of the skin during attachment, so as to form intimate contact therewith and to bond to the skin during the period of intimate contact, as taught by Toth’s invention (par.203).
Response to Arguments
Applicant’s arguments with respect to claim objections, 112 and 103 rejections have been fully considered and are persuasive. The claim objections, 112 and 103 rejections have been withdrawn.
Applicant’s arguments with respect to claim(s) 1 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.
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 MAY A ABOUELELA whose telephone number is (571)270-7917. The examiner can normally be reached 8-5.
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/MAY A ABOUELELA/Primary Examiner, Art Unit 3791