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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims recite “two second clamp parts” but there is no antecedent basis for two second clamp parts as claim 1 only recites a second clamp part.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 7 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brister et al. US 2009/0076360.
Regarding claim 1, Brister discloses a body fluid analyte detection device ([FIG1] device 14), comprising:
a transmitter which is provided with at least one first clamp part ([FIG1][¶152] electronics unit 16. [FIG12c][¶298] the tab under 24 is the first clamp part);
a bottom shell which is provided with at least one second clamp part corresponding to the first clamp part ([FIG12c][¶298] the part of 24 illustrated below that interfaces with the electronics module 16), after the bottom shell is configured to be installed on human body, the first clamp part and the second clamp part are clamped to each other, so that the transmitter is assembled on the bottom shell, the bottom shell comprises a fixed part and a forced part, during separating the bottom shell and the transmitter, the fixed part is fixed, and a force is applied to the forced part in one direction, the bottom shell is in a failure mode, the at least one first clamp part and the at least one second clamp part that are clamped with each other are separated from each other, thereby separating the bottom shell and the transmitter ([FIG3][FIG12c] the fixed part of the base is 25 and forced part is part 30 that releases the electronics unit 16);
a sensor comprising a base and a probe, wherein the base is used to fix the sensor and the bottom shell, the probe is used to detect a parameter information of a body fluid analyte, and the sensor is connected with the transmitter to transmit a parameter signal ([FIG10b][FIG11b][¶158] the base is the contact subassembly 26 and the probe is the sensor 32);
a battery used to supply power to the transmitter, wherein the battery is arranged in the bottom shell or the transmitter, and a part of the bottom shell or a part of the transmitter for housing the battery is a battery part ([¶320] the battery is within the electronics unit 16); and
an installation unit ([FIG1] applicator 12) provided with at least one third clamp part corresponding to the second clamp part, before the bottom shell is configured to be installed on the human body, the third clamp part and the second clamp part are clamped to each other, so that the bottom shell is fixed on the installation unit ([FIG1][¶151] the base of the applicator 60 snap fits with the housing 24),
wherein the bottom shell comprises a through hole ([¶288][FIG.10B] the bottom shell has a hole through which sensor 32 and part of the sensor base 26 passes into) and a first engaging member disposed at an edge of the through hole ([¶288][FIG.10B] part of the through hole engages with 38 of the base), the base comprises a second engaging member corresponding to the first engaging member ([¶158][FIG.4A] hinge 38), a dimension of the through hole corresponds to a dimension of the base (the through hole corresponds to a dimension of the base as it fits element 38 and the sensor), the base is located within the through hole, and the base is fixed to the bottom shell by engagement of the first engaging member and the second engaging member ([¶288][FIG.10B]).
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Regarding claim 2, Brister discloses a side of the bottom shell is provided with a convex part which is outward, and the convex part is a forced part ([FIG1][¶151] part 30 that releases the applicator or electronics housing is convex as it is curved outward).
Regarding claim 3, Brister discloses the battery is arranged in the bottom shell, and at least one connection hole is arranged in the bottom shell, the transmitter is electrically connected with two poles of the battery through the connection hole, and the battery part is the forced part of the bottom shell ([¶320-323] the battery can be housed in the electronics module or within the base housing).
Regarding claim 7, Brister discloses the convex part is arranged on a same side close to the two second clamp parts ([¶151]).
Regarding claim 9, Brister discloses the bottom shell comprises an adhesive tape for mounting the bottom shell on the human body ([¶159] the bottom housing has an adhesive layer).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brister et al. US 2009/0076360 in view of Cole et al. US 2011/0256024.
Regarding claim 6, Brister discloses the clamp parts that mate the transmitter and the bottom shell but does not specifically disclose the clamp parts are hooks. Cole teaches a similar sensor where the two second clamp parts are hooks and are arranged on a side wall of the bottom shell ([FIG1a][¶38] hooks 107 of the attachment module snap fit with structure of recesses 108). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Brister with the teachings of the hook parts of Cole as Brister discloses that using a sliding attachment style provides the advantage of allowing for the release of the applicator unit and securing the transmitter in one step ([¶274]).
Response to Arguments
Applicant's arguments filed 5/14/26 have been fully considered but they are not persuasive.
Regarding Applicant argument that Brister does not disclose the through hole having dimension that corresponds to the dimension of the base, Examiner respectfully disagrees. The claim language is not specific enough to require that the base fits entirely within the through hole or that the through holes width and length match the width and length of base. As such, Brister teaches a base that has dimensions that correspond to the through holes dimensions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gyrn US 20120184909 which has a base 70 that interlocks with the bottom shell and a through hole.
Yang US 2016/0157759 that has base 125 that fits in a through hole in the bottom shell.
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 MICHAEL ANTHONY CATINA whose telephone number is (571)270-5951. The examiner can normally be reached 10-6pm.
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 5712723672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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