DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the 35 U.S.C. 112(b) rejections have been fully considered and are persuasive. The 35 U.S.C. 112(b) rejections of the claims have been withdrawn.
Applicant’s arguments with respect to claim(s) 1 and the prior art rejection over Antonio have been considered but are moot because the new grounds of rejection does not rely on any interpretation of a reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The prior interpretation stated that the shell is the “interior lower wall 1135”, however, the new interpretation relies on the “upper housing 1120” and “elastomeric connector 1340” to read on the claimed shell. While the Antonio reference is maintained, a new interpretation is provided below.
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) 1-3 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20170290546 A1 to Antonio et al. (hereinafter, Antonio).
Regarding Claim 1, Antonio discloses an analyte detection device (FIG. 11) with circuit board and shell integration which comprises inter alia:
a bottom case (lower housing 1130) used for mounting on a skin surface of human skin a user (via adhesive patch 1200) ([0091] “The adhesive patch 1200 is below the components for attaching the sensing device to the skin of a user.”);
a sensor (sensors 1012A and 1012B) assembled on the bottom case for detecting analyte parameter information in a body of the user (via sensor elastomeric connector 1350 and locating posts 1326);
a transmitter module comprising a shell (upper housing 1120 and elastomeric connector 1340) and an electronic circuit (PCBA 1320) arranged on the shell ([0097] “the elastomeric connector 1350 has been compressed against the PCBA by the upper shell”), wherein the electronic circuit comprises at least one electronic component (antenna 1704) (see plurality of electrical components in FIG. 12), the electronic component at least comprises a transmitter antenna (antenna 1704), the transmitter antenna is used to communicate with an external equipment to send the analyte parameter information to the external equipment (antenna 1704 is capable of being used to communicate with an external equipment to send the analyte parameter information to the external equipment, as this is how antenna perform); and
a battery (batteries 1300) located in the bottom case (FIG. 12), wherein the battery is used to provide electric energy for the transmitter module ([0094] and [0095] describe power/pairing to preserve power in the batter to power the PCBA),
where the bottom case (lower housing 1130) and the shell (upper housing 1120 and elastomeric connector 1340) of the transmitter module are two different and independent elements, and the shell of the transmitter module is detachably assembled to the bottom case (e.g., see FIG. 11 which shows that the lower housing 1130 and upper housing 1120/ elastomeric connector 1340 are two different and independent elements, and the shell of the transmitter module is detachably assembled to the bottom case).
Regarding Claim 2, Antonio discloses the analyte detection device with circuit board and shell integration according to claim 1, wherein the electronic circuit (PCBA 1320) also comprises a substrate (integral insulation layers 1350) embedded in an inner side of the shell of the transmitter module , at least one electronic component comprises electronic components, and the electronic components are fixed on the substrate ([0097] “ The elastomeric connector 1350 connects the upper sensor pads to the PCBA contact pads and compresses the lower sensor pads against the PCBA contact pads. In certain configurations, the elastomeric connector includes integral insulation layers 1351 on its sides. By creating this type of direct, touch connection between the sensor contact pads and the PCBA contact pads, it is possible to create a sensing device with a single housing”).
Regarding Claim 3, Antonio discloses the analyte detection device with circuit board and shell integration according to claim 1, wherein the electronic circuit (PCBA 1320) is integrated with the shell of the transmitter module (upper housing 1120 and elastomeric connector 1340) (e.g., these components are integrated together in a single device), at least one electronic component comprises electronic components, and the electronic components are fixed on an inner side of the shell of the transmitter module ([0097] “ The elastomeric connector 1350 connects the upper sensor pads to the PCBA contact pads and compresses the lower sensor pads against the PCBA contact pads. In certain configurations, the elastomeric connector includes integral insulation layers 1351 on its sides. By creating this type of direct, touch connection between the sensor contact pads and the PCBA contact pads, it is possible to create a sensing device with a single housing”).
Regarding Claim 19, Antonio discloses the analyte detection device with circuit board and shell integration according to claim 1, wherein the electronic circuit (PCBA 1320) also comprises an electrical contact that is electrically connected to the sensor to obtain the analyte parameter information ([0092] “ The electrical components include ASIC (application specific integrated circuit) 1701, MCU (multipoint control unit) 1702, memory 1703, antenna 1704, and reservoir caps 1705. Battery tabs 1706 lead from the batteries 1300 to the PCBA 1320.”).
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(s) 4-11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antonio in view of in view of US 20180309168 A1 to Liao et al. (hereinafter, Liao).
Antonio discloses the analyte detection device with circuit board and shell integration according to claim 1, including (Claim 4 - Partial) where the cavity shell comprises an upper cover shell (top face of upper housing 1120, FIG. 11) and a lower shell (interior upper wall 1125 of upper housing 1120, FIG. 11), (Claim 5) wherein the upper cover body and/or the lower shell are integrally formed with the shell of the transmitter module (when the device as seen in FIG. 11 is fully assembled, all elements mate and are integral), (Claim 11) wherein a sealant is coated at a junction of the upper cover shell and the lower shell ([0102] “The sensors may extend from the housing/case via an opening in the lower housing and lower major wall, there being a seal separating the opening from an internal cavity of the case housing of the PCBA, said seal being held in compression between the upper and lower housings, wherein the back-to-back strips separate to a side-by-side relationship where they pass through the seal.”) and (Claim 12) wherein the sealant is one of hot melt adhesive or silica gel (Claim 15 of Antonio describes where the upper and lower housings are ultrasonically welded together).
Antonio discloses the claimed invention except for expressly disclosing (Claim 4 - Partial) wherein the battery comprises a cavity shell, an electric core and electrolyte, and the electric core comprises a diaphragm, an anode plate, a cathode plate and two pole ears, (Claim 6) wherein an electrolyte insulation layer is arranged in the cavity shell, (Claim 7) wherein the electrolyte insulation layer is made of TPE or PET material, (Claim 8) wherein the electrolyte isolation layer is a film arranged on an inner wall of the cavity shell, (Claim 9) wherein a thickness of the layer is 300-500um, (Claim 10) wherein the electrolyte isolation layer is a closed shell independent of the cavity shell.
However, Takamura teaches under Chapter “Nickel-based batteries for medium and large-scale energy storage” at 4.3.1.2 Classification and FIG. 4.3 a battery including (Claim 4 - Partial) a cavity shell (as defined by the outer surfaces of the negative cap and positive cap), an electric core (space within and defined by the negative cap and the positive cap) and electrolyte (“…electrolyte is added…”), and the electric core comprises a diaphragm (“Separator” in FIG. 4.3), an anode plate (“Negative electrode” in FIG. 4.3), a cathode plate (“Positive electrode” in FIG.. 4.3) and two pole ears (proximal and distal ends of “Spring” in FIG. 4.3), (Claim 6) wherein an electrolyte insulation layer is arranged in the cavity shell (“…electrolyte is added…”) (Chapter Secondary Batteries – Nickel Systems, Button Cells “…electrolyte is poured, and a lid is crimped on the cup with a sealing O-ring.”).
One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the battery of Antonio to have the battery specifics as taught by Takamura, as Takamura teaches under Chapter “Nickel-based batteries for medium and large-scale energy storage” at 4.3.1.2 Classification that such construction of a button battery is “routine”.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antonio in view of in view Liao and further in view of CN 113540555 A Liu et al. (hereinafter, Liu).
Antonio in view of Liao teach the analyte detection device with circuit board and shell integration according to Claim 6, except for expressly disclosing (Claim 7) wherein the electrolyte insulation layer is made of TPE or PET material, (Claim 8) wherein the electrolyte isolation layer is a film arranged on an inner wall of the cavity shell, (Claim 9) wherein a thickness of the layer is 300-500um, (Claim 10) wherein the electrolyte isolation layer is a closed shell independent of the cavity shell.
However, Liu teaches a button cell battery type (Page 4 “…the battery 11 is a button type silver oxide battery…”) that includes insulation such as PET that is in a closed configuration (surrounded by elements 1a and 1b), where the PET thickness is 0.05mm to 0.15 mm (Page 6 “…the insulating gasket 31 is PET (polyethylene terephthalate) material with gum, or PVC (polyvinyl chloride, polyvinyl chloride) material, or PP (polypropylene) material, or PA (polyamide, polyamide) film. the thickness of the insulating gasket 31 is 0.01mm to 0.5mm, preferably the thickness is 0.05mm to 0.15mm…”). One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the battery of Antonio in view of Liao with the electrolyte insulation layer is made of PET material with a thickness of 300-500um, as Liu teaches at Page 6 that this would have satisfied good processing quiet and would have realized better insulating properties (“…the thickness not only satisfies the good processing yield, but also can realize the better insulating property.”).
Allowable Subject Matter
Claim 13 (and Claims 14-18, which depend from Claim 13) 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
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN PATRICK DOUGHERTY whose telephone number is (571)270-5044. The examiner can normally be reached 8am-5pm (Pacific Time).
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/SEAN P DOUGHERTY/Primary Examiner, Art Unit 3791
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