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 Objections
Claim 12 is objected to because of the following informalities: one “wherein” should be deleted so as to not have “wherein” appearing consecutively. 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.
Claim 8 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.
As to claim 8, it is not clear what being “configured to move in a direction of crossing a movement direction of the plunger body” means.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0188912 A1 to Halac et al. (“Halac”).
As to claim 7, Halac discloses a continuous blood glucose measurement apparatus, comprising:
a body attachable unit configured to be attachable to a body to measure blood glucose (see [0007] – “The base can comprise an adhesive configured to couple the sensor module to the skin.”); and
an applicator comprising a main case (Fig 105, element 392v) to which a press button (Fig 105, element 760) is mounted, a shooting plate configured to be movable by the press button (see Fig 106, element 752 – tab is planar and as such is a plate that allows the device to be actuated or “shot” into the body), and
a plunger body disposed inside the main case and configured to move the body attachable unit from a first location to a second location (see Fig 110-114, element 150 w),
wherein the plunger body is engagedly fixed at the first location by the shooting plate, and is configured to move to the second location by being released from engagement according to movement of the shooting plate (see [0642] – only when element is 760 engages plate 752 can the plunger body 150 w move from the first position to the second position).
As to claim 8, Halac further discloses
wherein the shooting plate is configured to move in a direction of crossing a movement direction of the plunger body (see Figs. 110-111 and note that the plate moves diagonally, which appears to be a direction that crosses a movement direction of the plunger body).
As to claim 9, Halac further discloses
wherein the shooting plate is configured to move in a direction perpendicular to a movement direction of the plunger body (see Figs. 110-111 and note that the plate moves diagonally, which appears to be a direction perpendicular to a movement direction of the plunger body).
As to claim 10 Halac further discloses wherein:
the main case comprises
an outer case (see Fig 110, element 392w), wherein the press button is mounted to one side of the outer case (see Fig 107, element 760) ; and an inner case coupled to an inside of the outer case, the inner case configured to guide a linear movement path of the plunger body (see Figs 113-114, element 152w), and
the shooting plate is configured to horizontally move by being supported by the inner case (see Figs 107-109 showing the plate moving both horizontally and vertically).
Allowable Subject Matter
Claims 11-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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
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