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 1-7 in the reply filed on 2/19/2026 is acknowledged.
Specification
The abstract of the disclosure is objected to because the Abstract contains a number “2” which appears to be correlating the biosensor to a number within a drawing without continuing the labeling of structures. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 2-7 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.
Claim 2 refers to “the voltage application point” in Lines 3 and 4, however, the voltage application point has not been positively recited as part of the claimed structure in Claim 2, or its preceding claim 1. Correction to separate the voltage application point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 2 refers to “an earth connection point” in Lines 3 and 4, however, the earth connection point has not positively recited as part of the claimed structure in Claim 2, or its preceding claim 1. Correction to separate the earth connection point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 2 refers to “the measurement point” in Line 4, however, the measurement point has not positively recited as part of the claimed structure in Claim 2, or its preceding claim 1. Correction to separate and claim the measurement point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 3 refers to “the measurement point” in Line 2, however, the measurement point has not positively recited as part of the claimed structure in Claim 3, or its preceding claims 1 and 2. Correction to separate and claim the measurement point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 4 refers to “the measurement point” in Line 2, however, the measurement point has not positively recited as part of the claimed structure in Claim 4, or its preceding claims 1-3. Correction to separate and claim the measurement point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 5 refers to “the measurement point” in Line 2, however, the measurement point has not positively recited as part of the claimed structure in Claim 5, or its preceding claims 1-3. Correction to separate and claim the measurement point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 6 refers to “the voltage application point” in Lines 3 and 4, however, the voltage application point has not been positively recited as part of the claimed structure in Claim 6, or its preceding claim 1. Correction to separate the voltage application point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 6 refers to “the earth connection point” in Lines 3 and 4, however, the earth connection point has not positively recited as part of the claimed structure in Claim 6, or its preceding claim 1. Correction to separate the earth connection point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 6 refers to “the measurement point” in Line 4-5, however, the measurement point has not positively recited as part of the claimed structure in Claim 6, or its preceding claim 1. Correction to separate and claim the measurement point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 7 refers to “the voltage application point” in Lines 1-2 and 3-4, however, the voltage application point has not been positively recited as part of the claimed structure in Claim 7, or its preceding claims 1 and 6. Correction to separate the voltage application point as its own structure, as opposed to being recited as an established structure in Claim 1, is recommended.
Claim 7 refers to “the earth connection point” in Lines 3 and 4, however, the earth connection point has not positively recited as part of the claimed structure in Claim 7, or its preceding claims 1 and 6. Correction to separate the earth connection point as its own structure, as opposed to being recited as an established structure, is recommended.
Claim 7 refers to “the measurement point” in Line 4-5, however, the measurement point has not positively recited as part of the claimed structure in Claim 7, or its preceding claims 1 and 6. Correction to separate and claim the measurement point as its own structure, as opposed to being recited as an established structure, is recommended.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moore et al. (US 20150362455).
Regarding claim 1, Moore et al. teaches a testing implement (test strip 50, also referred to as sensor, see Fig. 3A, Abstract and [0061]) utilized in a state of attachment to a measuring device that performs computing using information values representing a measurement target component within a sample based on information for computing, the testing implement being configured to output the information for computing to the measuring device (the test strip 50 relays information regarding an analyte within a sample to a concentration measuring device 10, see Fig. 1, 3A, [0055] – [0058]), the testing implement comprising:
a component measurement region disposed on a substrate formed from a conductive material, for measuring the measurement target component (distal end 62 of electrodes 54, 58 used for measuring a target analyte, see Fig. 3A and [0061]);
a conductive region formed of a conductive material and disposed on the substrate (proximal end of the electrodes, including their respective traces and contact pads, 54, 56, 58, and 60, see Fig. 3A, [0064], and [0071]), and at which a voltage application point to which a predetermined voltage is applied, an earth connection point connected to ground potential and at least one measurement point for measuring an electrical measurement value, are established (a predetermined voltage is applied to the contact pad 70, the counter electrode receives a fixed potential at contact pad 80, measurement of the target analyte based on the sensed resistance at contact pads 110 and 112, see [0064, [0071]-[0078], the connection to ground potential is the point where zero current flows into the system, or counter sense trace 60, see [0076], where the earth connection point is a point within the conductive region where the voltage is connected to a predetermined potential (fixed potential), see [0016] in the Specification), and
a resistance prescription region (base resistance network 104, see Fig. 3A and [0078]) that prescribes a ratio, within the conductive region, between a first resistance value at the conductive region between the voltage application point and the earth connection point (primary element resistance element 102 between 106 and 108, see Fig. 3A, [0020] and [0078]-[0079]), and a second resistance value at the conductive region between the voltage application point or the earth connection point, and the measurement point (a secondary resistance element 100 is based on the primary resistance network 102 and a unique resistance path, see [0105]).
Regarding claim 2, Moore et al. teaches the testing implement of claim 1, wherein the resistance prescription region prescribes the ratio between the first resistance value and the second resistance value by prescribing a distance between the voltage application point and the earth connection point, and a distance between the voltage application point or the earth connection point, and the measurement point (the base resistance network 104 establishes the ratio between the primary 102 and secondary 100 resistance elements, see [0078], where voltage is applied to the contact pads of the resistive element contact pads, see [0079]- [0080]).
Regarding claim 3, Moore et al. teaches the testing implement of claim 2, wherein the resistance prescription region has a cutting line that surrounds a periphery of the measurement point, and at which a portion of the resistance prescription region is open (taps 120 of resistance network 104 that are located on periphery of contact pad 103 where the resistance is open, see Fig. 5A, [0030], [0089] –[0091]).
PNG
media_image1.png
561
840
media_image1.png
Greyscale
Annotated Fig. 5A
Regarding claim 4, Moore et al. teaches the testing implement of claim 3, wherein the cutting line surrounds the periphery of the measurement point in a rectangular shape (the tap 120 and non-conductive substrate surround the outside of the measurement point 103, see annotated Fig. 5A).
Regarding claim 5, Moore et al. teaches the testing implement of claim 3, wherein the cutting line is open at a position in a vicinity of the measurement point (taps 120 are open near measurement point of resistance network 104 that are located on periphery of contact pad 103 where the resistance is open, see Fig. 5A, [0030], [0089] –[0091]). .
Regarding claim 6, Moore et al. teaches the testing implement of claim 1, wherein the resistance prescription region prescribes the ratio between the first resistance value and the second resistance value by prescribing a length and a width between the voltage application point and the earth connection point, and a length and a width between the voltage application point or the earth connection point, and the measurement point (the resistance of the network 104 is determined using the length and width, or surface area, between individual traces of the working and counter electrode loops, see [0070] he loops include the first and second resistive elements 102 and 100, see Figs. 3A and 5A, [0070] – [0071], and [0080]).
Regarding claim 7, Moore et al. teaches the testing implement of claim 6, wherein a surface area between the voltage application point or the earth connection point, and the measurement point, is prescribed as the resistance prescription region, by providing a non-conductive region between the voltage application point and the earth connection point (the area between contact pad 70, contact pad 80, and resistive element 103 constitute the resistive network 104, see Fig. 3A, are connected using taps 120 that are non-conductive areas, see Fig. 3A and [0084])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEA MARTIN whose telephone number is (571)272-5283. The examiner can normally be reached M-F 10AM-5:00PM (EST).
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, Maris Kessel can be reached at (571)270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.N.M./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
Prosecution Insights