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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The references cited in the PCT international search report by the China National Intellectual Property Administration have been considered.
The information disclosure statement (IDS) submitted on 11/21/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: units "um" are recited throughout the specification (for example, see pgs. 8-9 of the specification). It appears that applicant intended to recite “µm” instead. Units “um” are interpreted to mean “µm” for examination purposes.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6 recites "300-500um." It appears that the applicant intended to recite "300-500µm." The units “um” are interpreted to mean “µm” for examination purposes. Appropriate correction is required.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1).
Regarding Claim 1, Huang et al. teaches a battery shell integrated analyte detection device (a physiological signal sensing device comprising a shell a battery disposed there within, para. 94; can be used for glucose monitoring, para. 5), which comprises:
a bottom case used for mounting on a skin surface of a user (a base 1 comprising a base body 11 comprising a bottom for being arranged on the skin surface of the biological body, para. 11, 83);
a sensor assembled on the bottom case for detecting analyte parameter information in a body of the user (sensor 2 for measuring the data of the analyte in the organism is mounted on the base body 11, para. 86);
a transmitter electrically connected with the sensor for transmitting the analyte parameter information to external equipment (para. 93-94); as the transmitter of the prior art is substantially identical in structure and function to that of the claims, the capability of communicating to external equipment is presumed to be inherent (see MPEP 2112.01(I)); and
a battery 35 located on the bottom of the case (para. 94).
Hwang et al. does not teach a battery cavity located on the bottom case, wherein the battery cavity comprises a cavity shell, a diaphragm, electrolyte, an anode plate, a cathode plate and two pole ears, the cavity shell comprising an upper cover shell and a lower shell, the lower shell integrated with the upper cover shell.
Hwang et al. teaches battery cavity (pouch 710, [0040]) for use in an electronic device ([0001]), the battery cavity comprising a cavity shell, a diaphragm (separator), electrolyte, an anode plate, a cathode plate and two pole ears (negative tab and positive tab) ([0006]), the cavity shell comprises an upper cover shell (upper case 730) and a lower shell (lower case 720), the lower shell is integrated with the upper cover shell ([0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Huang et al. by Hwang et al. to include a battery cavity comprising a cavity shell, a diaphragm, electrolyte, an anode plate, a cathode plate, and two pole ears; and the cavity shell comprising an upper cover shell and a lower shell in which the lower shell is integrated with the upper cover shell. One of ordinary skill in the art would have been motivated to perform the described modification to provide a structure of the battery in which allows accommodation of the electrode assembly and protection thereof ([0007]). "Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)."
Claims 2-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1), and further in view of Park et al. (U.S. Pat. No. 20200185797 A1) as further evidenced by Choi et al. (U.S. Pat. No. 20180090793 A1).
Regarding Claim 2, Huang et al. is modified by Hwang et al. teaching all claim limitations as applied to Claim 1 above.
Huang et al. does not teach an electrolyte insulation layer arranged inside the cavity shell.
Park et al. teaches an insulation layer made of PET (polyethylene terephthalate) having a thickness of 500 µm (resin layer in which functions as an insulator) arranged inside a cavity shell (battery case); the insulation layer functions to dissipate heat ([0034], [0149]).
Choi et al. teaches a pouch battery comprising an electrolyte solution surrounding the electrode assembly in which comprises PET on a surface of the battery cavity due to its capabilities to maintain shape and insulating properties ([0024], [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery shell integrated analyte detection device of Huang et al. to include an insulation layer (made of PET with a 500 µm thickness) arranged inside the cavity shell as taught by Park et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide improved heat dissipation as described above. Further, it is well known in the field of endeavor for pouch batteries to include an electrolyte solution surrounding the electrode assembly as further evidenced by Choi et al. above. As the insulation layer of Park et al. is substantially identical in structure (thickness and material) and placement (in relationship to the cavity shell) to the electrolyte insulation layer of the claimed invention, the function as an “electrolyte” insulation layer is deemed to be inherently present (see MPEP 2112.01(I)) (for example, when an electrolyte solution is in contact with an interior of the battery cavity).
Regarding Claim 3, Huang et al. is modified by Hwang et al. and Park et al. teaching all claim limitations as applied to Claim 2 above. As applied to Claim 2, the battery shell integrated analyte detection device of Huang et al. is modified by Park et al. to include an electrolyte insulation layer made of PET material ([0128]) in which is effective in dissipating heat from the battery ([0018]). Therefore, all claim limitations are met.
Regarding Claim 6, Huang et al. is modified by Hwang et al. and Park et al. teaching all claim limitations as applied to Claim 2 above. As applied to Claim 2, the battery shell integrated analyte detection device of Huang et al. is modified to include an electrolyte insulation layer with a thickness of 500 µm as taught by Park et al., within the claimed range of 300 to 500 µm. One of ordinary skill in the art would have been motivated to perform the described modification to provide improved heat dissipation as described above. Therefore, all claim limitations are met.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1) as applied to Claim 1 above, and further in view of Choi et al. (U.S. Pat. No. 20180090793 A1).
Regarding Claim 4, Huang et al. is modified by Hwang et al. teaching all claim limitations as applied to Claim 1 above. As applied to Claim 1, the battery shell integrated analyte detection of Huang et al. is modified by Hwang et al. to include a cavity shell in the form of a pouch.
Huang et al. does not teach a material of the cavity shell as claimed.
Choi et al. teaches a cavity shell (upper and lower pouch walls) in which is made of polypropylene (PP) in which has a corrosion resistance for electrolyte solution, insulating properties, and heat sealing properties ([0024]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery shell integrated analyte detection device of Huang et al. to include a cavity shell material of PP as taught by Choi et al. One of ordinary skill in the art would have been motivated to perform the described modification to provide corrosion resistance for an electrolyte solution, insulating properties, and heat sealing properties as described above.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1) as applied to Claim 1 above, and further in view of Lim et al. (U.S. Pat. No. 20170214028 A1).
Regarding Claim 5, Huang et al. is modified by Hwang et al. teaching all claim limitations as applied to Claim 1 above. As applied to Claim 1, the battery shell integrated analyte detection device of Huang et al. is modified by Hwang et al. to include an upper cover shell and a lower shell in which the lower shell is integrally bonded with the upper cover shell.
Huang et al. does not teach coating with a sealant.
Lim et al. teaches a sealant layer comprising a hot melt adhesive coating to effectively connect and seal the upper cover shell to the lower cover shell of a battery cavity ([0103]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify battery shell integrated analyte detection device of Huang et al. to comprise a connection between the upper cover shell and the lower shell that is coated with sealant as taught by Lim et al. to effectively seal the battery case and prevent leakage of an electrolyte. Further, "applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)."
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1), and further in view of Nielsen et al. (U.S. Pat. No. 20160260938 A1) and Ahn et al. (U.S. Pat. No. 20150147633 A1).
Regarding Claim 7, Huang et al. is modified by Hwang et al. teaching all claim limitations as applied to Claim 1 above.
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Huang et al. does not teach wherein the cavity shell is also provided with two through-holes, each of the pole ears comprises a conductive contact and a conductive strip, a first end of the conductive contact is fixedly connected with the anode plate or the cathode plate, and a second end of the conductive contact is fixedly connected with the cavity shell through one of the through-holes.
Nielsen et al. teaches each of the pole ears (electrical contact tabs) comprises a conductive contact (113 a, 113 b) and a conductive strip (106, 108), a first end of the conductive contact is fixedly connected with the anode plate or the cathode plate ([0050], Fig. 1D), and a second end of the conductive contact is fixedly connected (integrally formed) with the cavity shell (102, 104).
Further, Ahn et al. teaches a cavity shell (pouch) provided with two through holes in which the electrode tabs can be inserted through ([0040]) and effectively sealed ([0007]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery shell integrated analyte detection device of Huang et al. to include each of the pole ears comprising a conductive contact and a conductive strip, a first end of the conductive contact fixedly connected with the anode plate or the cathode plate, and a second end of the conductive contact fixedly connected with the cavity shell as taught or suggested by Nielsen et al. to establish electrical connection there between; and to further modify by Ahn et al. to include the cavity shell provided with two through-holes. The described modification would allow the conductive contact to be fixedly connected with the cavity shell through one of the through-holes, with a motivation to establish electrical connection between multiple batteries or exterior components (such as the thermistor or sensor of Huang et al.). "Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)."
Regarding Claim 8, Huang et al. is modified by Hwang et al., Nielsen et al., and Ahn et al. teaching all claim limitations as applied to Claim 7 above. As applied to Claim 7, the battery shell integrated analyte detection device of Huang et al. is modified by Nielsen et al. to include each of the pole ears comprising a conductive contact and a conductive strip, a first end of the conductive contact is fixedly connected with the anode plate or the cathode plate, and a second end of the conductive contact is fixedly connected with the cavity shell; and to provide the cavity shell with two through-holes as taught by Ahn et al. in which the conductive contact can be fixedly connected with the cavity shell through one of the through-holes.
As all of the structural limitations are taught by the prior art, integrally forming the conductive strip, conductive contact, and the anode plate or cathode plate is deemed obvious; making elements integral is generally recognized as being within the level of ordinary skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP 2144.01(VI)(B)). It would be obvious to integrate said components to provide a secure connection and establish electrical connection there between. In addition, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (see MPEP 2144.01(VI)(A)). Further, "applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)."
Claims 9-11 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1), Nielsen et al. (U.S. Pat. No. 20160260938 A1), and Ahn et al. (U.S. Pat. No. 20150147633 A1), and further in view of Qian et al. (CN Pat. No. 109998555 A).
Regarding Claim 9, Huang et al. is modified by Hwang et al., Nielsen et al., and Ahn et al. teaching all claim limitations as applied to Claim 8 above. Huang et al. further teaches an elastic conductor (conductive members 364 in which can be spiral springs) in which are electrically connected to the battery 35 by the electrically conductive circuit board (para. 97, 99).
As further support, Qian et al. teaches an end of a conductive strip (battery adapter 305) in which is directly connected with a spring pin (elastic conductor) (para. 105, 109). When the transmitter 400 is loaded, the spring pin presses down the contacts of the battery connector to ensure reliable contact of the battery connector contacts with the transmitter contacts.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery shell integrated analyte detection device of Huang et al. wherein an end of the conductive strip is connected with an elastic conductor as taught by Qian. One of ordinary skill in the art would have been motivated to perform the described modification to provide a reliable connection between the battery connector and the transmitter as described above.
Regarding Claim 10, Huang et al. is modified by Hwang et al., Nielsen et al., Ahn et al., and Qian et al. teaching all claim limitations as applied to Claim 9 above. As applied to Claim 9, the battery shell integrated analyte detection device of Huang et al. is modified wherein an end of the conductive strip is connected with an elastic conductor as taught by Qian. Qian teaches that the function of said configuration allows electrical connection between the battery (comprising an anode plate and cathode plate as modified by Hwang et al. above) and transmitter. Therefore, as all structural limitations are taught by the prior art, electrical connection between the anode plate or the cathode plate through the elastic conductor is directly or indirectly present and the function of “to obtain electric energy of the battery cavity” is deemed inherent based on the established electrical connection. Therefore, all claim limitations are met.
Regarding Claim 11, Huang et al. is modified by Hwang et al., Nielsen et al., Ahn et al., and Qian et al. teaching all claim limitations as applied to Claim 10 above. As applied to Claim 9, the battery shell integrated analyte detection device of Huang et al. is modified wherein an end of the conductive strip is connected with an elastic conductor as taught by Qian.
Huang et al. does not teach that the elastic conductor is a conductive spring.
Qian teaches an end of a conductive strip (battery adapter 305) in which is directly connected with a spring pin (elastic conductor) (para. 105, 109). When the transmitter 400 is loaded, the spring pin presses down the contacts of the battery connector to ensure reliable contact of the battery connector contacts with the transmitter contacts.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the battery shell integrated analyte detection device of Huang et al. wherein the elastic conductor is a conductive spring as taught by Qian. One of ordinary skill in the art would have been motivated to perform the described modification to provide a reliable connection between the battery connector and the transmitter as described above.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1), Nielsen et al. (U.S. Pat. No. 20160260938 A1), and Ahn et al. (U.S. Pat. No. 20150147633 A1) as applied to Claim 8 above, and further in view of Lim et al. (U.S. Pat. No. 20170214028 A1).
Regarding Claim 12, Huang et al. is modified by Hwang et al., Nielsen et al., and Ahn et al. teaching all claim limitations as applied to Claim 8 above. As applied to Claim 7, the battery shell integrated analyte detection device of Huang et al. is modified by Nielsen et al. to include each of the pole ears comprising a conductive contact and a conductive strip, a first end of the conductive contact is fixedly connected with the anode plate or the cathode plate, and a second end of the conductive contact is fixedly connected with the cavity shell; and to provide the cavity shell with two through-holes as taught by Ahn et al. in which it is deemed obvious to perform the fixed connection between the conductive contact and the cavity shell through one of the through-holes as described above. As described above, Ahn et al. teaches closely attaching and effectively sealing the exterior of said through holes ([0007]). Sealing within an insulating sealing material is well known in the field of endeavor.
Huang et al. does not teach wherein a connection between the second end of the conductive contact and the through-hole is coated with an insulating sealing material.
Lim et al. teaches a sealant layer formed of a hot melt adhesive coating for connection between an upper cover shell and lower cover shell of a battery cavity ([0103]). Further, Lim et al. teaches the importance of providing sufficient insulation of the battery cavity ([0033]). Therefore, one of ordinary skill in the art would utilize a hot melt adhesive in which also comprises an insulation property to provide both effective insulation and sealing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery shell integrated analyte detection device of Huang et al. to include an insulating sealing material such as hot melt adhesive coating as taught by Lim et al. to establish the connection between the conductive contact and the through hole as described above. One of ordinary skill in the art would have been motivated to perform the described modification to effectively seal the battery cavity and prevent leakage of an electrolyte. "Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.)."
Regarding Claim 13, Huang et al. is modified by Hwang et al., Nielsen et al., Ahn et al., and Lim et al. teaching all claim limitations as applied to Claim 12 above. As applied to Claim 12, the insulating sealing material is a hot melt adhesive. Therefore, all claim limitations are met.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN. Pat. No. 112294257 A) in view of Hwang et al. (U.S. Pat. No. 20170018816 A1) as applied to Claim 1 above, and further in view of Cheng (CN Pat. No. 204833208 U).
Regarding Claim 14, Huang et al. is modified by Hwang et al. teaching all claim limitations as applied to Claim 1 above.
Huang et al. does not teach a connector, which comprises at least two conductive zones and an insulating zone arranged alternately for using as an electrical connection medium for the sensor and the transmitter.
Cheng teaches a connector (electrical connection medium 10) in which comprises at least two conductive zones (conductive strips 200) and an insulating zone 100 arranged alternatively (para. 39-41). The electrical connection device is applied to a touch product (para. 36). The configuration allows multiple components to be individually contacted with the conductive strips; and contact between any two conductive strips can be effectively avoided by the spacing there between and the insulating material (para. 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the integrated analyte detection device of Huang et al. to include a connector in which comprises at least two conductive zones and an insulating zone arranged alternatively for use as an electrical connection medium as taught by Cheng. One of ordinary skill in the art would have been motivated to perform the described modification to allow multiple components to be individually connected with the conductive strips; and contact between any two conductive strips can be effectively avoided by the insulating material as described above. Based on the proposed modification, the connected components can include the sensor and transmitter of Huang et al.
Conclusion
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/C.R.D./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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