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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/15/26 has been entered.
Response to Amendment
Receipt is acknowledged of applicant's amendment filed on 1/15/26. Claim 4 and 5 are cancelled. No claims are new. Claims 1-3, 6, 7 and 9 are currently pending and an action on the merits is as follows.
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) 1-4, 6, 7 and 9 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 and Schoonmaker et al. US 2017/0112534.
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),
Brister discloses the clamp parts that mate the transmitter and the bottom shell but does not specifically disclose one first clamp part comprises two first clamp parts, the at least one second clamp part comprises two second clamp parts, the transmitter is provided with the two first clamp parts, the bottom shell is correspondingly provided with the two second clamp parts, and in the bottom shell, two sides of a connecting line of the two second clamp parts are respectively provided with the forced part and the fixed part. Cole discloses a similar sensor device that has two clamp parts on the transmitter and 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]).
Brister as modified does not specifically disclose wherein a crease groove is arranged on the bottom shell at a position corresponding to the line hi, the crease groove reduces a thickness of the bottom shell to guide the failure mode of the bottom shell along the crease groove when the force is applied to the forced part. Schoonmaker teaches a similar CMG sensor that has a crease portion to aid in breaking away the bottom shell ([¶331][FIG.39]). 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 frangible crease portions of Schoonmaker in order to ease the removal of the breakaway portions of the shell ([¶331]).
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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 5, Brister discloses a crease groove is arranged on the bottom shell at a position corresponding to the connecting line ([¶173] the housing has a groove for the electronics unit).
Regarding claim 6, Cole teaches 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).
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).
Response to Arguments
Applicant’s arguments, see pgs. 6-7, filed 1/15/26, with respect to the rejection(s) of claim(s) 1-3, 6, 7 and 9 under 35 USC 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schoonmaker.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pryor et al. US 2013/0267813 teaches a holding tab similar to the clamp part that breaks to release the transmitter ¶218.
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.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791