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 .
Allowable Subject Matter
Claims 1-4 and 8-10 are allowed.
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) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0231526 A1 to Avirovikj et al. (“Avirovikj”) in view of US 2023/0210407 A1 to Yang.
As to claim 11, Avirovikj discloses a method for manufacturing a real-time blood glucose monitoring apparatus, characterized by comprising:
connecting a battery and a blood glucose sensor to the conductive trace 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 [0037] and [0055] describing how the circuitry, battery, transmitter, and sensor are connected and disclosing base contacts for facilitating this connection).
Avirovikj fails to disclose the steps of plating conductive plating on a shell of a sensor assembly and connecting a battery and a blood glucose sensor to the conductive plating to form a circuit structure in the sensor assembly.
However, in a very similar device, Yang teaches a structure similar to Avirovikj (see Figs. 7a-b) constructed by plating conductive plating on a shell of a sensor assembly and connecting a battery and a blood glucose sensor to the conductive plating to form a circuit structure in the sensor assembly (see Fig 7a, element 20 and [0086] – “…the battery can be electrically connected with the transmitter 22 through…the lead plated on the surface of the bottom shell 20.”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the circuitry of Avirovikj with the plating of Yang in order to provide the predictable result of connecting the components in a clearer way than described in the Avirovikj document.
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.”).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avirovikj in view of Yang as applied to claim 10 above, and further in view of US 2020/0037939 A1 to Castagna et al. (“Castagna”).
As to claim 13, neither Avirovikj or Yang 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. But these were well-known and obvious ways to build such devices, as exemplified by Castagna, which discloses both (see [0068]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ such processes in order to provide the predictable result of fewer assembly steps and/or tighter packaging without the constraints of printed circuit boards.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot in view of the new grounds of rejection.
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-Tu, 8:30 am - 5 pm.
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/ERIC J MESSERSMITH/ Primary Examiner, Art Unit 3791
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