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
As directed by the amendment filed on 13 May 2026: claim(s) 9 have been amended.
Claims 37 & 38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 13 May 2026.
Applicant's election with traverse of Species VI in the reply filed on 13 May 2026 is acknowledged. The traversal is on the ground(s) that (1) FIG. 46 is improperly identified as an species, (2) the species have the same classifications, (3) the species do not include divergent subject matter.
This is partially persuasive. Applicant's traverse of Species V is persuasive. FIG. 46 appears to be another view of Species III. FIGs. 19-22 appears to be another view of Species I.
While the application indicated that the CPC classification is A61F 13/42, many of the Species require search in G01N 27/121, G16H 40/60, G01M 3/16, D03D 1/0088, H01R 13/62, H05K 5/0026, and/or G08B 21/20.
Independent claims 1 and 37 & 38 are mutually exclusive in that Claims 37 & 38 requires first and second electrically conductive prongs, a second hinge member, a base member, and a cover member not required by claim 1.
The requirement is still deemed proper and is therefore made FINAL.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-17, 19-26, 28-30, 32-33, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stevens et al. (US 20190287678 A1).
Regarding Claim 1, Stevens discloses A clip assembly ("transmitter 20B" [0090]; FIG. 9A) for use with an incontinence pad ("multi-layer sensor pad 10" [0052]; FIG. 5) having an anode-cathode trace pair on the pad wherein anode and cathode traces are spaced apart a first distance at a clip connection location ([0074]; FIG. 5), the clip assembly comprising:
a housing including first and second ends and having an external surface and an internal surface facing in a direction opposite the external surface ([0090]; FIG. 9A);
a jaw ("bottom portion" [0021]) including first and second ends and having an external surface and an internal surface facing in a direction opposite the external surface of the jaw ([0090]; FIG. 9A);
a plurality of conductive contacts ("pins 502" [0090]) supported by at least one of the housing and the jaw (see FIG. 9A) and exposed at the internal surface of the at least one of the housing and the jaw (see FIG. 9A), the contacts including at least a first pair of contacts that are spaced apart so as to align with the anode and cathode traces upon attaching the clip assembly at the connection location ("transmitter 20 have conductive pins 232, 236, and 242 that are pressed against the electric sensors 30, 35, 40 and coupling with them to create the electrical connection" [0060]; FIG. 2G);
wherein at least one of the external surfaces is substantially flat (see FIG. 2F);
a fastener mechanism ("movable connecting piece 215a, 215b" [0054]; FIG. 2A) that connects the jaw to the housing proximate the first ends of the jaw and the housing for movement between a closed state with the internal surface of the jaw facing and proximate the internal surface of the housing and an open state with the internal surfaces of the jaw and the housing spaced apart at the second ends of the jaw ("movable connecting pieces 215a, 215b are inserted into circular openings 270a and 270b (shown in FIG. 2E) in the top panel 200 and mirrored circular openings formed in the bottom panel 210, the movable connecting pieces 215a, 215b form an axis of a rotation about the joint, where the panels move about the axis, to open and close, by rotating the panels 200 and 210, relative to each other" [0054]; FIG. 2G);
a voltage source ("power supply 104" [0061]; FIG. 3);
a processor ("microprocessor 102" [0061]; FIG. 3) linked to the voltage source and the contacts and controlling application of voltage to the contacts ("for providing, controlling, converting, measuring, and/or detecting a voltage and/or current" [0061]); and
at least a first sensor circuit coupled to at least a pair of the conductive contacts for sensing a signal that occurs at the contacts ("internal connectors 130, 135, 145 connect to the connectors 230, 235 and 240 (shown on FIGS. 2A and 2B) on the transmitter 20 and relay sensor information or messages to the microprocessor 102" [0061]).
Stevens discloses all the limitations of claim 1 but not in a single embodiment. However, Stevens discloses that “Various modifications, equivalents, variations, and alternatives, however, will remain readily apparent to those skilled in the art. Any and all such modifications, variations, equivalents, and alternatives are intended to fall within the spirit and scope of the present invention” ([0049]). Thus, it would have been obvious to one of ordinary skill in the art to combine features from Stevens’s various embodiments to suitably “to determine, monitor, and schedule service and visits based on the real time needs of the patient” ([0017-0023]).
Regarding Claim 2, Stevens discloses each contact includes a prong that extends from the internal surface of the at least one of the housing and the jaw ("conductive pins 232, 236, and 242" [0060]; FIG. 2G).
Regarding Claim 3, Stevens discloses the prongs extend from the internal surface of the housing ("contacts are mounted to the circuit board and protrude from holes formed during injection molding. These contact pins are inside the clamshell with the tail going through the shell like a belt in a buckle" [0059]) and wherein the voltage source, processor and sensor circuit are located within a cavity formed by the housing ("transmitter 20 of FIG. 1 includes a board 100, shown in FIG. 3. The board 100 has a power supply 104, a microprocessor 102, a transceiver 106, internal connectors 130, 135, 145, memory 116 and input/output 120" ([0061]).
Regarding Claim 4, Stevens discloses the jaw forms openings that align with and receive distal ends of the prongs when the clip assembly is in the closed state ("bottom portion 210A of the transmitter 20A includes a rubber backing 404 applied to it for the pins 402 to lightly sink into" [0088]).
Regarding Claim 5, Stevens discloses a stop member ("male connection clip portion 510, and a female connection clip portion 520" [0090]; FIG. 9A) extends outwardly from a first location on the internal surface of one of the jaw and housing into a space that is unobstructed by the other of the jaw and the housing (see FIG. 9A), the stop member forming a stop surface that faces away from the fastener mechanism and toward an open end of the clip assembly when the clip assembly is in the open state ([0090-0091]; FIG. 9A).
Regarding Claim 6, Stevens discloses a throat dimension exists between the internal surfaces adjacent the stop surface when the clip assembly is in an open state and wherein the stop surface extends a height dimension from the internal surface of the one of the jaw and housing that is greater than the throat dimension (see FIG. 9A).
Regarding Claim 7, Stevens discloses each of the contacts includes a prong that extends from the internal surface of the housing and the stop member extends from the internal surface of the jaw ([0090]; FIG. 9A).
Regarding Claim 8, Stevens discloses the jaw forms openings that align with and receive distal ends of the prongs when the clip assembly is in the closed state ("bottom portion 210A of the transmitter 20A includes a rubber backing 404 applied to it for the pins 402 to lightly sink into" [0088]).
Regarding Claim 9, Stevens discloses a second stop member, wherein the stop member and the second stop member are spaced apart and extend from the internal surface of the jaw, each of the stop member and the second stop member located the same distance from the second end of the jaw and on a side of the prongs opposite the second end of the jaw ([0090]; FIG. 9A).
Regarding Claim 10, Stevens discloses the external surface of the jaw is substantially flat, the internal surface of the jaw is substantially flat between the second end of the jaw and the fastener mechanism (see FIG. 8A), and the external surface and internal surface between the second end of the jaw and the fastener mechanism are substantially parallel (see FIG. 8B).
Regarding Claim 11, Stevens discloses the internal surface of the housing is substantially flat between the second end of the housing and the fastener mechanism and is substantially parallel to the internal surface of the jaw when the clip assembly is in the closed state (see FIGs. 8A-8B).
Regarding Claim 12, Stevens discloses a top portion of the external surface of the housing is substantially flat and parallel to the internal surface of the housing between the second end of the housing and the fastener mechanism (see FIGs. 8A-8B).
Regarding Claim 13, Stevens discloses the external surface of the housing slopes inward from the second end of the housing toward the top portion of the housing (see FIGs. 8A-8B).
Regarding Claim 14, Stevens discloses the housing includes first and second lateral edges and the external surface of the housing slopes inward from each of the lateral edges toward the top portion of the housing (see FIGs. 8A-8B).
Regarding Claim 15, Stevens discloses the fastener mechanism includes a hinge mechanism ("movable connecting pieces 215a, 215b form an axis of a rotation about the joint, where the panels move about the axis, to open and close, by rotating the panels 200 and 210, relative to each other" [0054]; FIG. 2A).
Regarding Claim 16, Stevens discloses first ends of the jaw and the housing extend past the hinge mechanism and are spaced apart when the clip assembly is in the closed state, the first end of the housing forming an activation finger and the first end of the jaw forming a stop face facing the finger, the housing moving away from the jaw when the finger is pressed toward the stop face (see FIGs. 8A-8B).
Regarding Claim 17, Stevens discloses a force generation assembly between the jaw and the housing, the force generation assembly tending to maintain the jaw and housing in the closed position ("plastic casing is spring hinged on one side of the transmitter 20A allowing it be operated with one hand to easily close around the tail element of the pad" [0088]).
Regarding Claim 19, Stevens discloses the force generation assembly includes a spring ("plastic casing is spring hinged on one side of the transmitter 20A allowing it be operated with one hand to easily close around the tail element of the pad" [0088]).
Regarding Claim 20, Stevens discloses a transmitter linked to the processor for wirelessly transmitting data to a remote receiver ("microprocessor 102 can be connected to a radio in the smart transmitter 20 such that the transceiver 106 receives the modified information from the microprocessor 102 and may send the information to a processing device 25. The messages can be sent wirelessly" [0082]).
Regarding Claim 21, Stevens discloses a visual indicator on the external surface of the housing ("LED indicator by the logo" [0058]; FIG. 9B), the processor controlling the indicator to indicate different states of a clip assembly and incontinence pad combination once the clip assembly is secured to the pad at the clip connection location ("flashes green when a pad is connected to indicate that the contacts have made contact with the pad" [0058]).
Regarding Claim 22, Stevens discloses the visual indicator includes at least a first LED ("LED indicator by the logo" [0058]; FIG. 9B).
Regarding Claim 23, Stevens discloses the visual indicator indicates proper attachment of the clip assembly to an incontinence pad as well as at least one wet pad state ("LED will then flash red when moisture is detected on the pad providing a visual local indicator, and also when the transmitter has not been properly connected to a new pad" [0058]).
Regarding Claim 24, Stevens discloses first and second stop members extend from the internal surface of the jaw and form first and second stop surfaces facing away from the fastening mechanism and toward the second ends of the jaw and housing, the stop surfaces extending past the internal surface of the housing when the clip assembly is in an open state (see FIG. 9A).
Regarding Claim 25, Stevens discloses the stop surfaces are substantially perpendicular to the internal surface of the jaw (see FIG. 9A).
Regarding Claim 26, Stevens discloses the external surface of the jaw and the internal surface of the jaw between the stop members and the second end of the jaw are substantially flat and substantially parallel (see FIGs. 8B-9A).
Regarding Claims 27 and 34-35, Stevens discloses a thickness dimension of the jaw between the external surface and the portion of the internal surface between the stop members and the second end of the jaw is substantially uniform (see FIGs. 8A-8B) and that “the length of the first and second edge are 100 mm and 80 mm, a height of 20 mm, with a 30 degree opening in the back end of the transmitter, whereas the cavity having an opening of less than 20 mm in height when closed” ([0057]) but fails to specify the thickness is less than .25 inches; a dimension between the top portion of the external surface of the housing and the external surface of the jaw is less than one inch; and the dimension between the top portion of the external surface of the housing and the external surface of the jaw is less than .75 inches. However, the court has held that changes in size/proportion are not sufficient to patentably distinguish over the prior art. MPEP 2144.04(IV)(A). Therefore, it would be obvious to one of ordinary skill to modify Stevens’ device to have the claimed dimensions to “provide stability for holding and positioning the tail therein, the rounded surfaces ergonomically easing the use of the transmitter” ([0057]).
Regarding Claim 28, Stevens discloses the housing includes first and second lateral edges between the first and second ends, the external surface of the housing includes a flat top portion, a second end surface that slopes from the second end toward the flat top portion, a first lateral edge portion that slopes from the first lateral edge toward the flat top portion and a second lateral edge portion that slopes from the second lateral edge toward the flat top portion ([0054]; FIGs. 8A-8B).
Regarding Claim 29, Stevens discloses the internal surface of the housing is substantially flat and parallel to the internal surface of the jaw between the stop members and the second end of the jaw when the clip assembly is in the closed state ([0054]; FIGs. 8A-8B).
Regarding Claim 30, Stevens discloses the fastening mechanism is a hinge ("movable connecting pieces 215a, 215b form an axis of a rotation about the joint, where the panels move about the axis, to open and close, by rotating the panels 200 and 210, relative to each other" [0054]; FIG. 2A).
Regarding Claim 32, Stevens discloses at least a first LED ("LED indicator by the logo" [0058]; FIG. 9B) linked to the processor and controlled to indicate different states of the clip assembly and an associated incontinence pad that the clip assembly is attached to ("LED will then flash red when moisture is detected on the pad providing a visual local indicator, and also when the transmitter has not been properly connected to a new pad" [0058]).
Regarding Claim 33, Stevens discloses the LED is located within the housing cavity and wherein at least a portion of the housing is transparent so that LED light is visible through the transparent portion of the housing ([0091]; FIG. 9B).
Regarding Claim 36, Stevens discloses the contacts include at least first and second contacts that are spaced apart along a length dimension of the at least one of the housing and the jaw that supports the contacts wherein the length dimension extends between the first and second ends ([0090]; FIG. 9A).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stevens in view of Pugh et al. (US 20190105210 A1).
Regarding Claim 18, Stevens fails to specify the force generation assembly includes a magnet proximate the internal surface of one of the housing and the jaw and a metal contact proximate the internal surface or the other of the housing and the jaw wherein the magnet and the metal contact are aligned when the clip assembly is in the closed position. However, Pugh teaches “a conductive sensor assembly is disposed within the personal hygiene product that includes one or more moisture sensors” (Abstract) wherein the force generation assembly includes a magnet proximate the internal surface of one of the housing and the jaw and a metal contact proximate the internal surface or the other of the housing and the jaw wherein the magnet and the metal contact are aligned when the clip assembly is in the closed position ("magnet 1604 which may attract a component of the lid, apply a force to squeeze the connector closed" [0116]; FIG. 16). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Stevens to incorporate the teachings of Pugh to “improve mechanical retention” of the connector to the pad ([0116]).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stevens in view of Bainter et al. (US 20210339836 A1).
Regarding Claim 31, Stevens discloses the housing and the jaw are formed out of plastic ("plastic shell" [0088]) but fails to specify the hinge includes first and second metal hinge inserts pressed through openings formed in the jaw. However, Bainter teaches a moisture sensor ([0049]) comprising a hinge insert (“pivot pin 7” [0075]) wherein the hinge includes first and second metal hinge inserts pressed through openings formed in the jaw ("pivot pins 7 are made of corrosion resistant metal" [0075]). Therefore, it would be obvious to modify Stevens’ device to resist corrosion and improve the reliability of the hinge ([0075]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references provided on the attached PTO-892 form are considered relevant to applicant’s disclosure and are cited to further show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cheng Fong "Ted" Yang whose telephone number is (571)272-8846. The examiner can normally be reached 10am - 6pm (EST) M-F.
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, Rebecca E. Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Adam Marcetich/Primary Examiner, Art Unit 3781
Cheng Fong "Ted" Yang
Examiner
Art Unit 3781
Prosecution Insights