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 1-9 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. Claims that depend directly or indirectly from claim 1 is/are also rejected due to said dependency. In regard to claim 1, the claim recites “wherein the sensor unit in configured to be attachable to the skin of the user… inclination with respect to the sensor body is changed to be tilted”. First of all, it is unclear whether “the sensor unit in configured to be attachable” comprises any missing limitations between “in” and “configured” (e.g. additional structural element(s)/ configuration(s)) or it is a typo and should be set forth “is”. Secondly, it is unclear what element/ portion/ part the “inclination” refers to. Clarification is requested by amendments. According to Figs. 7-13 of the specification, it appears that “inclination of the insertion portion” with respect to the sensor body is changed. Thus, the limitations are interpreted as “inclination of the insertion portion with respect to the sensor body is changed…” for the purpose of compact prosecution.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Peterson et al. (USPGPUB 2016/0058344) teaches a subcutaneous sensor inserter (Figs. 10-24) comprises a sensor (element 120, Figs. 14-24) includes an insertable portion with sensors (elements 130/132/134, Fig. 20), a needle (element 100, Fig. 11), and a sensor unit configured to be attachable to the skin of the user (Figs. 13-14), wherein the sensor comprises bent portions (Figs. 15-22) and after insertion and removal of needle (Figs. 31-33), the insertable portion is maintained at a location within the lumen (lumen 973, Figs. 24A, 24D and 31-33) but does not specifically teach the inclination of the insertion portion with respect to the sensor body is changed to be tilted with respect to a longitudinal direction central axis of an incision portion created by the needle. Brister et al. (USPGPUB 2008/0242961) teaches a transcutaneous analyte sensor (Figs. 1-4, 7 and 9-12) comprises a sensor (element 32, Figs. 1-4, 7 and 9-12) includes an insertable portion with sensors (element 42, Figs. 4A and 5B-5C) wherein the sensor comprises a bent portion (Figs. 4A, 10A-10B and 11A-11B) and after insertion and removal of a needle (Figs. 7A-7D and 10A-10B), the insertable portion is maintained at a location within the tissue (Figs. 10B and 11B) with greater flexibility ([0142]) but does not specifically teach the inclination of the insertion portion with respect to the sensor body is changed to be tilted with respect to a longitudinal direction central axis of an incision portion created by the needle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHU CHUAN LIU whose telephone number is (571)270-5507. The examiner can normally be reached M-Th (6am-6pm).
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791
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