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 .
Remarks
This office action fully acknowledges Applicant’s remarks and amendments submitted on 28 July 2026.
Status of the claims:
Claims 1, 3-4, and 7-10 are pending.
Claims 2 and 5-6 are canceled.
No claims are withdrawn.
No claims are newly added.
Claims 1, 3-4, and 8-10 are amended.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-4, and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. (US 2013/0120945 A1), hereinafter “Zhou”.
Regarding Claim 1, Zhao teaches a housing comprising:
a housing upper part 10 (Fig. 2 and [0013]: “The upper cover 10 includes a top plate 11 and two first walls 12.”); and
a housing lower part 20 (Fig. 2 and [0014]: “Referring to FIGS. 3 and 4, the bottom cover 20 further includes a bottom plate 21 and four sidewalls 23.”); wherein,
the housing upper part 10 and the housing lower part 20 form a receiving space which is suitable to receive a circuit board 3 (Fig. 2 and [0012]: “The electronic device 100 includes a housing 1, a circuit board 3 received in the housing 1, a fixing portion 5, and a locking portion 7.” – Examiner further notes that this recitation is predicated on a conditional (“[when] in the assembled state”) which is not positively necessitated by the claim, and, as such, the recitations there relating to the conditional do not hold particular patentable weight.),
wherein the housing lower part comprises a deformable means 7 which are bent into the receiving space (Fig. 2 and [0022]: “The locking portion 7 is perpendicularly extends from the bottom plate 21. The locking portion 7 includes two locking parts 71 parallel with each other and two fixing components 73 respectively engaging with the locking parts 71. The line connecting with the two locking part 71 is parallel with the sidewall 23. Each locking parts 71 substantially corresponds to the supporting portion 53. The height of the locking part 71 is equal to the distance between the supporting portion 53 and the bottom plate 21. Each locking part 71 is a substantially frustum of a cone and is perpendicularly set on the bottom plate 21. Each of the locking parts 71 defines a locking hole 712 corresponding to the through hole 32. The locking hole 712 is a blind hole in a concavity depressed from the upper surface of the locking portion 71 in an axial direction. The inner surface of the locking hole 712 defines a screw thread for engaging with the fixing component 73. The fixing component 73 is screwed into the locking hole 712 to fix the end of the circuit board 3 on the bottom plate 21. In the embodiment, the fixing components 73 are two screws.” – The locking portions 7 are qualitatively “deformable” as, given a strong enough applied force, the structures would be expected to be deformed. Further, as the structures extend upward into the receiving space for the PCB 3, they are thereby “bent into” the receiving space. – Further, similarly as above, the recitation is predicated on a conditional (“in the assembled state”) not positively necessitated by the claim and, as such, the recitations thereto do not hold particular patentable weight.),
wherein the deformable means comprise at least two side webs (The side conical surfaces of the deformable mounting means 7.) having free ends bent toward one another (The surfaces converge toward/are bent toward each other.),
wherein the at least two side webs project from a support base for the circuit board and thus form a receiving trough for the circuit board (See Fig. 2 showing the side webs of the deformable means 7 forming a trough therebetween over which the circuit board 3 is inserted, the webs projecting from the support base.), and
wherein a plurality of apertures which are separated from one another by at least one dividing wall are formed in the support base of the receiving trough (See Fig. 2 showing a plurality of circular apertures in the bottom plate 21 adjacent to the PCB 3 and within the receiving trough formed by the deformable means 7, each being individually separated by an internal cylindrical dividing wall.), and/OR wherein a further receiving trough for an optical filter adjoins the support base, wherein the further receiving trough is opposite the receiving trough for the circuit board,
as in Claim 1.
Regarding Claim 3, the prior art meets the limitations of Claim 1 as discussed above. Further, Zhao teaches the housing discussed above wherein the at least two side webs or the free ends rest under pressure on corresponding chamfers on the housing upper part and/or the housing lower part (See Fig. 3 showing the conical portions of the deformable means 7 resting on chamfered stepped edges of the housing lower part, the deformable means 7 being under pressure thereon by force of gravity.), as in Claim 3.
Regarding Claim 4, the prior art meets the limitations of Claim 1 as discussed above. Further, Zhao teaches the housing discussed above wherein the at least two side webs are part of the housing lower part or are integrally molded on the housing lower part (Fig. 2 shows the side webs as integrally molded with the housing lower part 20.) and project with the free ends in a direction of the housing upper part (The free ends (which receive screws 73) are in the direction of the housing upper part 10.), and
wherein the at least two side webs rest under pressure with the free ends laterally on an outside of chamfers in an interior of the housing upper part (See Fig. 2 showing the free ends of the deformable means 7 laterally on the outside of chamfers in the interior of the housing upper part, as provided through the bottom plate 21 of the housing lower part 20.) and, as a result, are bent into the receiving space (As this recitation is predicated on a conditional (“while deforming”) not positively required by the claim, such recitations thereto are not afforded patentable weight.),
as in Claim 4.
Regarding Claim 7, the prior art meets the limitations of Claim 1 as discussed above. Further, Zhao teaches the housing discussed above further comprising at least one latching lug, configured to engage in a recess in the housing upper part and/or on the housing lower part, formed on the housing lower part and/or on the housing upper part, so that the housing upper part and the housing lower part are connected to each other (See Fig. 2 showing screws on each end of the long sidewall of the lower part 20 facing outwardly corresponding to screw holes/grooves of the upper cover 10 so as to connect together the upper and lower parts.), as in Claim 7.
Regarding Claim 8, the prior art meets the limitations of Claim 1 as discussed above. Further, Zhou teaches the housing of Claim 1 (See the rejection of Claim 1 above.) and a circuit board 3, the edge regions of which are clasped by the deformable means 7, so that the circuit board 3 is pressed against a support base in the housing and is immovably clamped in the receiving space (See Fig. 2 showing the PCB 3 immobilized by screws so as to be immovably clamped in the receiving space by the deformable means 7.), as in Claim 8
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Battrell et al. (US 2018/0292319 A1), hereinafter “Battrell”. Zhou has been discussed above.
Regarding Claim 9, the prior art meets the limitations of Claim 8 as discussed above. Further, Zhou does not specifically teach the device discussed above wherein the circuit board carries at least one light-emitting diode (LED) for emitting excitation light and at least one photodiode for detecting fluorescent light, wherein the LED projects into a first aperture in the support base, wherein the photodiode projects into a second aperture in the support base, and wherein the first and second apertures are separated from each other by a non-transparent dividing wall, as in Claim 9.
However, Battrell teaches a respective housing and PCB sensor wherein a circuit board carries at least one light-emitting diode (LED) 1331 (Fig. 24A) for emitting excitation light and at least one photodiode 1337 (Fig. 24B and [0146]) for detecting fluorescent light (Abstract). Therein, one skilled in the art would find it obvious to merely substitute the sensor housing of Battrell with that of Zhou as the housings serve the identical purpose of immobilizing and protecting a PCB.
Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the device of Zhou wherein the circuit board carries at least one light-emitting diode (LED) for emitting excitation light and at least one photodiode for detecting fluorescent light, such as suggested by Battrell, as a mere particular use of the housing of Zhou for its intended purpose of immobilizing and protecting a PCB.
Regarding the recitation: “wherein the LED projects into a first aperture in the support base, wherein the photodiode projects into a second aperture in the support base, and wherein the two apertures are separated from each other by a non-transparent dividing wall”, Battrell provides for such an aperture and spacing arrangement through the apertures 1304 and the dividing wall formed as a block holding the pin junction as seen through Fig. 23, and would be obvious to utilize in Zhou so as to maintain the particular sought optical arrangement of Battrell for its purpose of fluorescence measurement, and wherein apertures and dividing walls are common in fluorescence measurement devices for controlling the beam so as to avoid incident light from reaching the detector.
Regarding Claim 10, the prior art meets the limitations of Claim 9 as discussed above. Further, Zhou is modified with the apertures and dividing wall of Battrell as discussed above regarding Claim 1. Therein, Battrell shows the dividing wall as resting on a dichroic filter 1334, thereby meeting the claim limitation “wherein the dividing wall rests with a lower end on an optical filter”, and the other end of the dividing wall rests on the board.
Thus, as one skilled in the art would seek to maintain the particular optical arrangement of Battrell, as such optical arrangements are sensitive and specific, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious that, when modifying Zhou in view of Battrell, that the dividing wall rests with its lower end on an optical filter, such as suggested by Battrell, so as to maintain the particular optical arrangement of Battrell within the generic housing of Zhou.
Response to Arguments
35 USC 102 and 103
Applicant’s arguments are on the alleged grounds that no teaching or motivation in the prior art accounts for Applicant’s sensor housing arrangement of Claim 1 where all the optical elements are arranged in a flat card on a single side of the sensor so as to be placed against the skin of a subject for measurement.
Applicant’s argument is not persuasive because Zhou accounts for each and every element of Claim 1, as well as the sensor of independent Claim 8, and is thereby fully expected to be capable of the sensing manner Applicant suggests. Applicant’s asserted arrangement of optical elements all on one side of the device is not specifically required by the claim, thereby rendering Applicant’s point as moot. Applicant is suggested to further detail the structure of the housing and/or sensor and the optical elements thereof so as to achieve Applicant’s desired arrangement for performing skin measurements. Applicant’s “further receiving trough” is also not a positively claimed element, instead being an optional element indicated by the “and/OR” recitation.
Thus, Examiner maintains the rejection of Claims 1 and 8, under 35 USC 102 as being anticipated by Zhou, and the rejection of Claims 9-10 under 35 USC 103 as being unpatentable over Zhou in view of Battrell.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/B.J.K./Examiner, Art Unit 1798
/NEIL N TURK/Primary Examiner, Art Unit 1798
