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 .
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.
Notice of Amendment
In response to the amendment(s) filed on 5/4/26, amended claim(s) 1-5 and 7-8, canceled claim(s) 6, and new claim(s) 9-10 is/are acknowledged. The following new and/or reiterated ground(s) of rejection is/are set forth:
Claim Objections
Claim 1 is objected to because of the following informalities: “a mounting” (line 6) appears that it should be “a mounting portion.”
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 102
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) 1-5 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/027426 to Chae et al. (hereinafter “Chae”) (Examiner’s Note: U.S. Patent Application Publication No. 2024/0415423 being relied on as the English translation and reference herein being made thereto).
For claim 1, Chae discloses a body attachable unit for measuring biometric information by being inserted into skin of a user (Abstract) (see Fig. 19), the body attachable unit comprising:
a sensor unit (520) (Fig. 27) (para [0058]) having a sensor unit housing (522) (Fig. 27) (para [0071]), and a sensor (521) (Fig. 27) (para [0071]) mounted to the sensor unit housing (see Fig. 27) so that a first portion of the sensor is inserted into the skin of the user (see Fig. 20); and
a base unit (511, 52, 530, and 5121) (Fig. 27) (para [0071], [0125], and [0127]) comprising a base unit housing (511, 512) (para [0071]) having a mounting portion (5121 and 530) (Fig. 27) (para [0125] and [0127]), and a base unit electrical contact portion (531) (Fig. 27) (para [0127]) arranged at the mounting portion (as can be seen in Fig. 28) to be electrically connected with the sensor unit (para [0128] and [0130]),
an adhesive layer (bottom one of 580) (Fig. 27) (para [0134]) provided between the sensor unit and the base unit to couple the sensor unit to the base unit (as can be seen in Fig. 29, the base unit including 5121 shown in the zoomed in portion of Fig. 29) (para [0134]),
wherein the sensor unit housing comprises a base portion (portion of 522, see Figs. 27 and 32), and a boss protruding from a lower surface of the base portion (unlabeled, but as can be seen in Figs. 27 and 32), and an upper surface of the base portion supports a second portion of the sensor (as can be seen in Figs. 27 and 32),
wherein the mounting portion comprises a base unit recess (5121 being a portion of 5121 and 530, see Fig. 27), a contact surface provided inside the base unit recess (surface of 5121, see Fig. 27), and an insertion hole formed through the contact surface (unlabeled, but as can be seen in 27 and 31),
wherein the lower surface of the base portion is configured to be attached to the contact surface by the adhesive layer (as can be seen in zoomed in part of Fig. 29), and the boss is configured to (Examiner’s Note: functional language/intended use, i.e., capable of) be inserted in the insertion hole (as can be seen in Fig. 27) (also see Figs. 28 and 34), and
wherein the base unit electrical contact portion is electrically connected with the sensor unit (i.e., via 531) (see Fig. 27) (see para [0128] and [0130]) through an adhesive layer hole of the adhesive layer (see the unlabeled hole in the lower of the two elements labeled as “580” in Fig. 27) (also see Figs. 28, 30, and 34), and the adhesive layer seals (Examiner’s Note: functional language, i.e., capable of) an electrical connection portion between the base unit electrical contact portion and the sensor unit (see Figs. 28, 30, and 34).
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For claim 2, Chae further discloses wherein the sensor unit comprises a sensor unit electrical contact portion (5231) (Fig. 32) disposed in the base portion (see Fig. 32) to be electrically connected with the sensor and contacting the base unit electrical contact portion through the adhesive layer hole (see Figs. 27, 30, and 32) (para [0144]).
For claim 3, Chae further discloses wherein the sensor unit comprises a sensor adhesive portion (portion of 520 that faces the top one of 580) interposed between the sensor and the sensor unit housing to attach the sensor to the sensor unit housing (see Figs. 28-30), and the sensor contacts the sensor unit electrical contact portion through a sensor adhesive opening of the sensor adhesive portion (as can be seen in Figs. 27-30), and the sensor adhesive portion seals the electrical connection portion between the sensor and the sensor unit electrical contact portion (as can be seen in Figs. 27-30).
For claim 4, Chae further discloses wherein: the sensor unit includes a sensor adhesive portion (portion of 520 that faces the bottom one of 580) interposed between the sensor and the sensor unit housing to attach the sensor to the sensor unit housing (see Figs. 28-30), the sensor unit housing includes a base portion (5121) having the adhesive layer (see Figs. 27-30) and a housing cap (570) covering the base portion (see Figs. 27-30), the sensor adhesive portion is interposed between the sensor and the base portion (see Figs. 27-30), and an adhesive pad (top one of 580) is provided between the sensor and the housing cap to adhere the sensor and the housing cap (see Figs. 27-30).
For claim 5, Chae further discloses the housing cap has a protrusion portion (571/5711) contacting the sensor and configured to press the sensor toward the base portion (para [0132]-[0133] and [0137]).
For claim 7, Chae further discloses wherein: the base unit recess has a first recess connected with the insertion hole (unlabeled, but probably best seen in Fig. 31, next to the structure labeled “5122”), and a second recess located farther from the insertion hole than the first recess and connected with the first recess (unlabeled, but probably best seen in Fig. 31, the second recess is more circular), and the second recess is wider than the first recess (as can be seen in Figs. 27-30), and the housing body has a body portion inserted and fitted to the first recess (as can be seen in Figs. 27-30) and a cover portion which is wider than the body portion to be inserted and fitted to the second recess (as can be seen in Figs. 27-30).
For claim 8, Chae further discloses wherein: the sensor comprises a sensor body (522) disposed inside the sensor unit housing (see Figs. 27-30), and an insertion portion (521) protruding from the sensor unit housing and connected with the sensor body to be inserted into the skin of the user (see Figs. 27-30), and the base unit electrical contact portion contacts the sensor body through the adhesive layer hole and a through hole provided at the sensor unit housing (see Figs. 27-30).
For claim 9, Chae further discloses wherein: a through hole is formed through the base portion (hole in 522 defined by 5234, see Figs. 32-33) and a sensor unit electrical contact portion (523, which includes 5231 and 5233) (Figs. 32-33) is disposed in the through hole (see Figs. 32-33), an upper part of the sensor unit electrical contact portion (5233) is in contact with the second portion of the sensor (as can be seen in Fig. 32), and a lower part of the sensor unit electrical contact portion (5231) is configured to be in contact with the base unit electrical contact portion (as can be seen in Fig. 33).
For claim 10, Chae further discloses wherein the upper part of the sensor unit electrical contact portion is exposed to the upper surface of the base portion (as can be seen in Fig. 32) and the lower part of the sensor unit electrical contact portion is exposed to the lower surface of the base portion ((as can be seen in Fig. 33).
Response to Arguments
Applicant’s arguments filed 5/4/26 have been fully considered.
With respect to the objection to the specification, Applicant’s amendment and arguments are persuasive and thus the objection is withdrawn.
With respect to the claim objection, Applicant’s amendment and arguments are persuasive and thus the objection is withdrawn.
With respect to the 112(b) rejections, Applicant’s amendments and arguments are persuasive and thus the rejections are withdrawn.
With respect to the 102 rejections, the rejection has been updated in view of the newly amended features added to the claim(s). To completely respond to Applicant’s arguments in the response, it is noted that the features that are relied upon in the specification (mainly, the operational features of the present invention being different from the operation of Chae) are not commensurate in scope with the claim language. The claims are not method claims (and do not recite operational steps) and thus Applicant is reminded that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Additionally, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
THIS ACTION IS MADE FINAL. 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 DANIEL LEE CERIONI whose telephone number is (313) 446-4818. The examiner can normally be reached M - F 8:00 AM - 5:00 PM PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Robertson can be reached at (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL L CERIONI/Primary Examiner, Art Unit 3791
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