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 § 112
Claims 7-9 is 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 7 recites the limitation "the center lines of the protruding column" and the “center lines of the connector.” There is insufficient antecedent basis for the instances of “center lines,” which introduces ambiguity.
Claim 8-9 are rejected for their dependency on an indefinite claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0231526 A1 to Avirovikj et al. (“Avirovikj”).
As to claim 1, Avirovikj discloses a real-time blood glucose monitoring apparatus, comprising a sensor assembly and an emitter assembly, characterized in that
the sensor assembly comprises a first shell (see Fig 5C, element 120), and a conductive plating (see Fig 5B, element 244B), a blood glucose sensor (see Fig 5C, element 110) and a battery (see Fig 5B, element 234 and [0069] explaining that the battery is removed in Fig 5C) which are arranged on the first shell, and the emitter assembly comprises a second shell (see Fig 2C and 5C, element 102) and a circuit board in the second shell (see Fig 5A, element 544);
the conductive plating is arranged on a shell wall of the first shell and is connected with the blood glucose sensor (see Fig 5C, element 244B and [0044] – “The base contacts 244B may at least partially encircle the tube 228.”) and the battery (see Fig 5A, C and Fig 6 and also [0065]-[0066] explaining how the battery powers both the transmitter unit 106 and the base unit 108 (Examiner notes that the glucose sensor is shown as part of the base unit 108), the conductive plating having at least one first connecting structure (see Fig 5C showing gaps comprising a first connecting structure that allow the upper electrical contacts 244A and the lower electrical contacts 244B to mate);
the circuit board is provided with at least one second connecting structure ([0045] – “The transmitter unit 106 may include transmitter circuitry (e.g., transmitter circuitry 456, FIG. 4A) encased or otherwise located in a structure 258, such as a molded structure or other structure. In some embodiments, the structure 258 may be an overmold of the transmitter circuitry 456.” Examiner notes that this same structure 258 is found in Fig. 5A, which results in an electrical connection between the contacts 244A and 244B that is conveyed via transmitter circuitry encased in structure 258 to circuit board 544);
the sensor assembly and the emitter assembly are clamped so that the first connecting structure and the second connecting structure are connected, and the conductive plating (and the circuit board form a closed-loop monitoring circuit (see [0067] – “Reference is now made to FIGS. 5A-5D, which illustrate embodiments of the transmitter unit 106 and the base unit 108, wherein one terminal of the battery 234 is configured to directly electrically contact a contact in the transmitter unit 106 in response to the transmitter unit 106 and the base unit 108 being coupled together.”).
As to claim 2, Avirovikj further discloses a real-time blood glucose monitoring apparatus according claim 1, characterized in that
the first connecting structure is a protruding column, and a plurality of to-be-connected terminals of the conductive plating are provided on a wall of the protruding column (see treatment above);
the second connecting structure is a connector, a first end of which is connected with the circuit board and a second end of which is provided with an inwardly-concave plug-in recess, and reeds connected to the circuit board are provided on an inner wall of the plug-in recess (see Fig 5A, element 230, 244A, 258, and 544 and Fig 6 showing how the signal is transmitted from the electrical contacts 244A/B to the transmitter circuitry);
when the first connecting structure and the second connecting structure are connected, the protruding column is plugged into the plug-in recess, and the reeds abut against the to-be-connected terminals of the conductive plating ([0044]).
As to claim 3, Avirovikj further discloses a real-time blood glucose monitoring apparatus according to claim 2, characterized in that the plurality of to-be-connected terminals of the conductive plating are distributed along the wall of the protruding column (see Figs 5A-C, element 244B).
As to claim 4, Avirovikj further discloses a real-time blood glucose monitoring apparatus according to claim 1, characterized in that the conductive plating has a first connecting structure, and the circuit board is provided with a second connecting structure (see Figs 5A and 5C, elements 244A/B showing how the structures of each conductive plating interface to mate together).
As to claim 11, Avirovikj discloses a method for manufacturing a real-time blood glucose monitoring apparatus, characterized by comprising:
plating conductive plating on a shell of a sensor assembly (see [0055] – “In some embodiments, the base circuitry 348 is electrically coupled to traces (not shown) or the like that electrically couple to the base contacts 244B. In some embodiments, other components (not shown) may be electrically and mechanically coupled to the base circuitry 348 and electrically coupled to the base contacts 244B.”), and
connecting a battery and a blood glucose sensor to the conductive plating to form a circuit structure in the sensor assembly (see [0037] – “The wearable device 102 includes a transmitter unit 106 and a base unit 108 that are physically and electrically coupled together.”);
providing a first connecting structure connected to the circuit structure, providing a second connecting structure connected to a circuit board of an emitter assembly, and communicating the first connecting structure with the second connecting structure so that the circuit structure and the circuit board are connected to form a closed-loop monitoring circuit (see, e.g., Fig 4A and Figs 2A-B and above cited portions).
As to claim 12, Avirovikj further discloses a method according to claim 11, characterized in that the step of providing a first connecting structure connected to the circuit structure comprises:
incorporating a protruding column onto the shell of the sensor assembly or fabricating a protruding column on the shell of the sensor assembly (Fig 2B, element 228);
arranging a plurality of to- be-connected terminals of the conductive plating on side walls of the protruding column (see Fig 2A-B, element 244A-B);
the step of providing a second connecting structure connected with a circuit board of an emitter assembly comprises: providing a connector with a plug-in recess (see Fig 2A, element 230) on the circuit board, and providing reeds having the same number as the terminals of the conductive plating on an inner wall of the plug-in recess, the reeds being connected to the circuit board (see Fig 2A-B, element 244A-B);
by plugging the protruding column into the plug-in recess, the to-be-connected terminals of the conductive plating abut against and communicates with the reeds, and then the circuit structure and the circuit board are connected to form a closed-loop monitoring circuit (see [0009] – “The method includes forming a cup configured to receive a power source; locating a power source contact at least partially in the cup, the power source contact configured to electrically contact a terminal of the power source in response to the power source being received in the cup; and electrically coupling at least one base contact with the power source contact, the at least one base contact configured to electrically contact at least one transmitter contact of a transmitter unit in response to the transmitter unit and the base unit being coupled together.”).
As to claim 13, Avirovikj further discloses a method according to claim 11, characterized in that the conductive plating is plated on the shell of the sensor assembly by molded interconnection device process and/or laser direct structuring process (see [0053] – such traces are structurally equivalent in that they are formed of thin portions of conductive materials).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 5-6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avirovikj.
As to claims 5-6, Avirovikj further discloses the real-time blood glucose monitoring apparatus according to claim 1, wherein the conductive plating is arranged on a surface of the first lower shell, and the protruding column is fixedly connected to the surface of the first lower shell (see Fig 5C, elements 228 and 244B).
A difference between the prior art and the claimed invention is that the first shell comprises a first upper shell and a first lower shell, the edges of which are connected and wherein the second shell comprises a second upper shell and a second lower shell, the edges of which are connected. However, this merely the separation of one shell into two layers, which has been held as obvious as requiring no more than ordinary skill. See MPEP 2144.04(V)(C) and/or MPEP 2144.04(VI)(B).
As to claims 10, Avirovikj further discloses real-time blood glucose monitoring apparatus according to claim 6, characterized in that an outer surface of the first lower shell is provided with medical adhesive tape (see Fig 1, element 111), and the blood glucose sensor is arranged in a middle portion of an inner surface of the first lower shell, with a detecting end of the blood glucose sensor penetrating out of the first lower shell .
Allowable Subject Matter
Claims 7-9 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.
Conclusion
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