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 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.
Claims 5-7 are 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.
Regarding Claims 5 and 7, the limitation “the electrolyte isolation layer” lacks proper antecedent basis. It is unclear if the “the electrolyte isolation layer” is the same layer as the “the electrolyte insulation layer” as set forth in Claims 3 and 4. For purposes of examination the indefinite limitation has been deemed to claim where the “the electrolyte isolation layer” is meant to read “the electrolyte insulation layer”.
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.
Claim(s) 1, 2 and 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170290546 A1 to Antonio et al. (hereinafter, Antonio) in view of US 20180309168 A1 to Liao et al. (hereinafter, Liao), and further in view of US 20150207181 A1 to Fink.
Regarding Claims 1, 2, and 11, Antonio discloses a highly integrated analyte detection device (paragraph [0080] “…a sensing device 100…worn on a patient’s skin…”), which comprises inter alia:
a bottom case (lower housing 130) used for mounting on a skin surface of a user (via adhesive patch 200 which “may be bonded to the lower housing”, paragraph [0082]);
a sensor (sensor 12) assembled on the bottom case (paragraph [0083] “…sensor 12 extending out of the housing through the patch 200, which may include a hole for the sensor 12 to pass through…”) for detecting analyte parameter information in a body of the user (paragraph [0083] “…sensor 12 includes the corresponding plurality of exposed sensor electrodes 15 for contacting patient body fluid…”);
a transmitter module comprising:
a shell (paragraph [0080] “Housing 110 including an upper housing 120…lower housing 130…),
a circuit board (paragraph [0084] “A printed circuit board assembly (PCBA) 320 fits inside the lower housing 130…”),
a transmitter (paragraph [0083] “…sensor electronics (including a wireless transmitter) to an appropriate monitoring device…”) and
an electrical contact (paragraph [0083] “…proximal end or head 16 of the sensor 12 is relatively enlarged and defines electrical contacts, the conductive contact pads 18, which are exposed…for electrical connection to the printed circuit board...”),
where the electrical contact is electrically connected with the sensor (paragraph [0083] “…sensor electrodes 15 generate electrical signals representative of patient condition, wherein these signals are transmitted via the contact pads 18…),
the transmitter is used to transmit the analyte parameter information to external equipment (paragraph [0014] “The transmitter transmits the sensor signals to a monitoring device, such as a handheld analyte monitor, which may have a display, or a smartphone.”);
a battery located in a cavity defined by the shell and held in place by an upper cover (clip 302, FIG. 4), where the battery cavity comprises a coin cell battery (paragraph [0084] “…the battery 300 is a coin cell battery, which is held using a battery clip…”), where the battery includes a conductive strip, where the battery is electrically connected to the circuit board through the conductive strip (paragraph [0089] “Battery connector pads 204 on the PCBA are shorted together to connect the positive side of the battery 300 to the PCBA 320.”).
While Antonio does not expressly disclose the make-up of the battery, Laio teaches that a coin battery is known in the art to have a diaphragm, electrolyte, an anode plate, and a cathode plate (paragraph [0048] “porous separator”, “electrolyte”, “anode”, “cathode” respectively). One having an ordinary skill in the art at the time the invention was filed would have found it well-known and obvious that the coin cell battery of Antonio would include a diaphragm, electrolyte, anode plate, and cathode plate, as Liao teaches at paragraph [0048] that these components are well-known in the art in coin cell batteries.
Therefore, Antonio in view of Liao teach the claimed invention as set forth and cited above except for expressly disclosing a battery cavity located within the transmitter module, where the battery cavity comprises a cavity shell, where the cavity shell comprises an upper cover shell and a lower shell, the upper cover shell is integrated with the circuit board, where the lower shell is integrated with the shell of the transmitter module, where an electrolyte insulation layer is arranged inside the cavity shell.
However, Fink teaches a device in the field of battery housing and protective packaging for electronic devices (paragraphs [0001]-[0003]). Fink teaches an upper shell (housing 12) and a lower shell (housing 11) (see paragraph [0027] and FIG. 1) for housing a battery cell (paragraph [0008]). Fink further teaches where the battery cell (battery cell 10) is connected to a printed circuit board (electronic component 14) (paragraph [0011] “The electronic component is preferably a circuit for monitoring a battery cell…”), where the printed circuit board is located on and integrated with the upper shell (paragraph [0008] “…wherein an electronic component is arranged on a metal core circuit board on the housing cover.” and FIG. 1).
One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the bottom case (transmitter module as defined in Claim 1) of Antonio to have the battery cavity comprising the cavity shell comprising the upper cover shell with integrated circuit board and the lower shell of Fink, as Fink discloses at paragraph [0018] the upper and lower cover shells with the integrated printed circuit board would have prevented aging of the battery and discloses at paragraph [0003] that this would have protected the battery from degradation due to moisture.
Such modification (i.e., placing the lower shell of Fink to be further sandwiched between the shell of the transmitter module of Antonio) would have yielded a lower shell integrated with the shell of the transmitter module, as set forth in Claim 2.
Regarding Claim 8, Antonio as modified by Liao and Fink teach the device to claim 1, where the cavity shell material is PE, PP, HDPE, PVC, ABS, PMMA, PC, PPS or PU (Antonio: paragraph [0081] “Suitable plastic materials include, as an example and in no way by limitation, ABS, nylon, an ABS/PC blend, PVC, polytetrafluoroethylene (PTFE), polypropylene, polyether ether ketone (PEEK), or the like, and polycarbonate.”).
Regarding Claims 9 and 10, Antonio as modified by Liao and Fink teach the device to claim 1, where hot melt adhesive sealant coated at a junction of the upper cover shell and the lower shell (Antonio: paragraph [0090] “…the entire perimeter between the upper housing 120 and the lower housing 130 is sealed with an ultrasonic weld joint 125.”) (Examiner notes ultrasonic welds create heat, therefore, especially as broadly claim, ultrasonic welding reads on a hot melt adhesive).
Regarding Claim 12, Antonio as modified by Liao and Fink teach the device to claim 11, where the conductive strip is fixedly connected to the circuit board by solder or solder paste (Antonio: paragraph [0089] “…battery 300 held by battery clips 302...may be welded to pads on the underside of the PCBA 320.”).
Regarding Claim 13, Antonio as modified by Liao and Fink teach the device to claim 1, further comprising a connector (Antonio: elastomeric connector 44), which comprises at least two conductive zones and an insulating zone arranged alternately for using as an electrical connection medium for the electrical contact and the sensor (Antonio: paragraph [0026] “The elastomeric pad may have alternating conductive layers and non-conductive layers along its length such that the elastomeric pad is conductive along its width and height, but not along its length.”).
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antonio, in view of Liao and Fink, and further in view of CN 102569680 A to Lui.
Antonio, in view of Liao and Fink teach the claimed invention as set forth and cited above except for expressly disclosing where an electrolyte insulation layer is arranged on an inner wall of the cavity shell, where the electrolyte insulation layer is made of TPE or PET material and has a thickness of the film is 300-500 µm.
However, Lui teaches a battery surrounded by an insulating layer in a closed shell manner (paragraph [0017] “…a lithium-ion secondary battery shell and lithium-ion battery with insulating heat conducting layer…”) made of PP, PET or PVC films (paragraph [0007] “… insulating material PET, PVC…”) with a thickness of 300-500 µm (paragraph [0008] “…the thickness range of usually 0.1-0.3 mm.”).
One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the shell and battery combination of Antonio, in view of Liao and Fink with the insulation layer of Lui, as Lui teaches at paragraph [0021] this would have improved insulation protection capability from heat so the battery remains at a lower temperature. The combination of references would have yielded a battery, surrounded by an isolation layer that both acts as a closed shell, completely around the battery, and also in would be in contact and abutting the inner wall(s) that surround and hold the battery.
Conclusion
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