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 .
This office action is a response to the restriction requirement filed on 1/28/2026.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-9, in the reply filed on 1/28/2026 is acknowledged.
The traversal is on the ground(s) that the restriction requirement on the basis would not be a serious burden on the examiner if restriction is not required. This is not found persuasive because the Group I-III are distinct and have acquired a separate status in the art as shown by their different classification and the Group I and II & III require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/28/2026.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The disclosure is objected to because of the following informalities:
The phrase “ the electronics unit (16)” as described inline 13 in paragraph [0054] should be --the electronics unit (24)--
Appropriate correction is required.
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 and 8 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.
Re. claim 2: The phrase “the analyte” as recited in line 1 lacks antecedent basis.
Re. claim 8: The phrase “the analyte” as recited in line 2 lacks antecedent basis.
Allowable Subject Matter
Claims 1, 3-7 and 9 are allowed.
Claims 2 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The prior art of record fails to disclose the claimed invention such as a process of making of an in vivo analyte sensor assembly, comprising steps of providing a sensor base plate having a recess with an elastomeric conductive polymer disposed in the recess, wherein the elastomeric conductive polymer is retained in the recess without externally added adhesive and/or without deformation, fitting a sensor with the sensor base plate, wherein the sensor comprises a first sensor contact pad on a first side of the sensor and a second sensor contact pad on a second side of the sensor, wherein the first and second sides oppose each other and the first sensor contact pad is placed into electrical contact with the elastomeric conductive polymer, connecting an electronics unit with the first sensor contact pad and the second sensor contact pad, and positioning a cover over the sensor base plate and the electronics unit. It is not obvious taken alone or in combination of other references fairly to suggest the claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
The Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. STRAM et al. (PGPub 2023/0301556 A1), Kamathet et al. (US PAT. 11,883,164), Lucisano et al. (US PAT. 10,736,553), and Moein et al. (US PAT. 11,806,141) are cited to further show the state of the art with respect to a method of manufacturing an in vivo analyte sensor assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL D KIM whose telephone number is (571)272-4565. The examiner can normally be reached Monday-Friday: 6:00 AM-2:00 PM.
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, Thomas Hong can be reached at 571-272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL D KIM/Primary Examiner, Art Unit 3729
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