DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/10/2026 has been entered.
Acknowledgements
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1 and 5 are pending.
This action is Non-Final.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hefner et al. (Hefner, US 2023/0337984, filing date 4/26/2022).
Regarding claim 1, Hefner teaches a continuous analyte meter (see at least [0002], [0019]) comprising:
an electrochemical sensor configured to invasively be inserted into the skin (see at least [0025], [0049]);
a transmitter including a main substrate to which a battery is connected and a housing in which the main substrate is accommodated, the housing configured for being attached to the skin and the main substrate configured for controlling a signal measured by the electrochemical sensor (see at least Figures 1-3, [0002], [0021]-[0033]);
a needle configured for inserting the electrochemical sensor into the skin and having a needle handle (see at least Figure 7, [0024], [0043]);
an inserter configured for moving the transmitter and the needle from a first position to a second position so that the needle is configured to penetrate the skin (see at least Figures 6-8 110);
a transmitter support provided in the inserter, the transmitter support being configured to removably receive and support the transmitter during insertion (see at least Figures 7-9 element 208);
a switch configured for turning on/off power supply of the battery to the main substrate or the electrochemical sensor, the switch provided in the housing at a portion where the housing and the transmitter support face each other (see at least Figures 9A-B);
a switch activator configured to press and release the switch, the switch activator provided on the transmitter support (see at least Figures 9A-B element 210); and
an actuator comprising a return member to which the needle handle is detachably coupled, the actuator configured to (i) move the transmitter support from the first position toward the second position, and (ii) move the return member from the second position toward a third position, wherein the housing is detachably coupled to the transmitter support (see at least Figure 7-9, [0042]-[0049] deployment and retraction springs);
the needle is returned from the second position to the third position inside the inserter such that the needle is separated from the transmitter (see at least Figure 7-9, [0042]-[0049] retraction spring);
the switch is configured to block power supply of the battery when pressed and to start power supply of the battery when released (see at least Figures 8-9, [0033]-[0038]);
until the inserter is configured to be separated from the skin, the switch activator presses the switch to maintain the switch in an off state and to block power supply of the battery to the main substrate (see at least Figures 9A-B);
when contact between the inserter and the skin is released or the inserter is separated from the skin, contact between the switch activator and the switch is released, pressing of the switch is released, and power supply of the battery to the main substrate or the electrochemical sensor is started (see at least Figures 8-9, [0033]-[0038], [0051]-[0053]); and
when the needle is returned from the second position to the third position and separated from the transmitter inside the inserter, the transmitter remains received in the transmitter support such that contact between the switch activator and the switch is maintained until the inserter is separated from the skin (see at least Figures 8-9, [0033]-[0038], [0051]-[0053]).
Regarding claim 5, Hefner teaches wherein a protective cap is detachably coupled to an end of the inserter, and the end of the inserter is exposed when the protective cap is separated from the end of the inserter (see at least Figures 6-8 element 114, [0050]).
Response to Arguments
The examiner acknowledges applicant’s submission of amendments to the claims filed 8/10/2026.
Applicant’s arguments regarding the claim objections have been fully considered and are persuasive due to the amendments to the claims; the objections are withdrawn.
Applicant’s arguments regarding the rejections of the claims under 35 U.S.C. 112/101 have been fully considered and are persuasive due to the amendments to the claims; the rejections are withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0345650 teaches related concepts to the claims and the newly cited art above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R BLOCH whose telephone number is (571)270-3252. The examiner can normally be reached M-F 11-8 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, Robert (Tse) Chen can be reached at (571)272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R BLOCH/Primary Examiner, Art Unit 3791
