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 § 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) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0058344 A1 to Peterson et al. (“Peterson”).
As to claim 1, Peterson discloses a consumable component of an injecting physiological monitor, comprising:
a housing (see Fig 10, element 202);
an injecting module movably assembled on the housing (see Fig 10, element 234);
a physiological monitor disposed in the housing and located on a movement path of the injecting module, wherein a part of a structure of the physiological monitor is accommodated in a part of a structure of the injecting module (see Fig 10, element 236); and
a carrier disposed in the housing and located on a movement path of the injecting module and the physiological monitor, wherein the carrier and the physiological monitor are separated from each other and located on opposite sides of the housing (see Fig 10, element 206),
the housing and the injecting module are adapted to be assembled to an injector (see, e.g., Fig 54, element 510 – the assembled components form an injector),
wherein the injector is adapted to drive the physiological monitor to be assembled to the carrier through the injecting module, and the physiological monitor and the carrier are assembled together within the housing (see Fig 11 – Examiner notes that the injector drives the (physiological monitor (i.e., sensor) through (i.e., via) the injecting module such that together they form an implanted analyte sensor).
As to claim 2, Peterson further discloses wherein after the injector releases the physiological monitor and the carrier that are assembled from the housing to be injected to a surface of a living body, the injector resets the injecting module (see Fig 12 showing needle 100 reset into a retracted position).
As to claim 3, Peterson further discloses wherein the injecting module completes an assembly and injection of the physiological monitor and the carrier in a one-way and single stroke (see Figs 10-12).
As to claim 4, Peterson further discloses wherein the injecting module comprises a puncture needle and a combination structure combined with each other (see Fig 10-11, elements 232 and 100), the puncture needle is located in the housing, and the combination structure protrudes out of the housing and is adapted to being assembled to the injector (see Fig 11).
As to claim 5, Peterson further discloses wherein the physiological monitor comprises a sensing needle and an electronic component, the puncture needle has a guide groove, a first portion of the sensing needle is slidably accommodated in the guide groove, and a second portion of the sensing needle extends out of the guide groove from the first portion to be structurally combined and electrically connected to the electronic component (see [0138] – “Sensor carrier 270 has a sensor/needle bore 272 that receives sharp 100 and sensor 120, a sensor anchor space 274 with a sensor wrap bar 275 and sensor groove 276 formed in a carrier board-receiving surface 278.…It is the flexibility of sensor 120 that permits such an orientation (i.e. wrapping) without damaging the electrical conduits embedded within sensor 120 that electrically couple electrodes 130, 132, 134 to contact pads 121.”).
As to claim 6, Peterson further discloses wherein the carrier comprises a through hole, and when the physiological monitor is assembled to the carrier, the sensing needle and the puncture needle pass through the through hole and partially protrude from the carrier (see Figs 12-14).
As to claim 7, Peterson further discloses wherein when the injector resets the injecting module, the injector drives the puncture needle to move into the housing and drives the combination structure to protrude out of the housing (see Fig 12).
As to claim 8, Peterson further discloses wherein the housing has a channel, the injecting module moves bidirectionally in the channel, and an outline of an outer shape of the physiological monitor is matched with an outline of an inner wall of the channel (see Fig 10, element 228).
Allowable Subject Matter
Claims 9-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claim 9 includes a the separate structure that is an injector along with the consumable component comprising:
a housing;
an injecting module movably assembled on the housing;
a physiological monitor disposed in the housing and located on a movement path of the injecting module, wherein a part of a structure of the physiological monitor is accommodated in a part of a structure of the injecting module; and
a carrier disposed in the housing and located on a movement path of the injecting module and the physiological monitor,
the physiological monitor and the carrier are assembled together within the housing, together with all other intervening claim limitations.
The prior art fails to anticipate this invention because the injector is called out as a separate structure from the housing and the other claimed elements related to the housing that together combine to form a much different inserter than prior art inserters. These differences cannot be said to be obvious in view of the prior art given that there is no teaching or suggestion to form the injecting physiological monitor in this way.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 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 Eric Messersmith whose telephone number is (571)270-7081. The examiner can normally be reached M-F, 830am-5pm.
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/ERIC J MESSERSMITH/Primary Examiner, Art Unit 3791