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 .
Claims Pending
Claims 1-20 are currently under examination.
Drawings
The drawings are objected to because Fig. 29 references structures not present within the applicant’s specification (Examiner's Note: “cover body” and “base seat” are not present within the applicant’s specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 9: The claim limitation “limiting structure being adapted to limit the sensor kit of the physiological signal monitoring device in said first receiving space, and to consequently position the transmitter to be adjacent to said second receiving space” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “structure” coupled with functional language “adapted to limit the sensor kit of the physiological signal monitoring device in said first receiving space, and to consequently position the transmitter to be adjacent to said second receiving space” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier that has a known structural meaning before the phrase “structure”,
Claim 14: The claim limitation “a positioning set…” “…for positioning the physiological signal monitoring device within said disassembling accessory, and configured to align said at least one pushing member of said second housing with the at least one through hole of the bottom portion of the sensor kit” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “set” coupled with functional language “for positioning the physiological signal monitoring device within said disassembling accessory, and configured to align said at least one pushing member of said second housing with the at least one through hole of the bottom portion of the sensor kit” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier that has a known structural meaning before the phrase “set”,
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“As shown in FIGS. 8 and 9, the lower shoulder surface 117, the through hole 115, and the bottom surface 112 cooperate with one another to define a limiting structure…”, or equivalents thereof, as described in Par. 43 of the disclosure filed on 03/14/2024.
“the positioning set 27 is configured as an annular frame. It should be noted that the first receiving space 114 and the second receiving space 126 are still arranged in the first direction and are proximate to each other.…”, or equivalents thereof, as described in Par. 68 of the disclosure filed on 03/14/2024.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 6, 7, 15, and 17 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.
Claim 6 recites the limitation “said first housing further has a second opening that is formed in one of said front wall and said rear wall and that is in spatial communication with said second receiving space and the external environment; and said first opening is formed in one of said front wall and said rear wall.”, which fails to effectively define the metes and bounds of the claim as it is unclear as to the location of the first opening. For example, the claim recites “said first housing further has a second opening that is formed in one of said front wall and said rear wall and that is in spatial communication with said second receiving space and the external environment”, which indicates that the first housing has a second opening that is in “one of said front wall and said rear wall”. However, the claim also recites “said first opening is formed in one of said front wall and said rear wall”. As such, it is unclear as to the location of each claimed opening. Is there an opening in each wall? The applicant’s spec. states “… The first housing 10 of the disassembling accessory 100 of the third embodiment further has a second opening 128 that is formed in the front wall 122 and that is in spatial communication with the second receiving space 126 and the external environment, and the first opening 125 is formed in the transverse wall 124…” (Par. 64 of applicant’s spec.), which indicates that the first opening is in the transverse wall. As such, the claim is indefinite as the applicant has failed to effectively define the metes and bounds of the claim. For examination purposes, this will be interpreted as the first opening being in the transverse wall.
Claim 15 recites the limitation “said cover body” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, this will be interpreted as -said second housing-.
Claim 17 recites the limitation “a soft portion” in line 5, which fails to effectively define the metes and bounds of the claim as it is unclear as to whether this is the same “soft portion” as in claim 16, which claim 17 is dependent on, or an entirely new soft portion. As such, the claim is indefinite as the applicant has failed to effectively define the metes and bounds of the claim. For examination purposes, this will be interpreted as the same soft portion of claim 16.
Claim 7 is dependent on claim 6, and as such is also rejected.
Prior Art
The closest prior art of record includes: Huang (US Pub. No. 20210030325) hereinafter Huang, Pryor (US Pub. No. 20130267813) hereinafter Pryor, Avirovikj (US Pub. No. 20220225939) Avirovikj, and Konya (US Pub. No. 20200297257) hereinafter Konya.
Avirovikj teaches the physiological signal monitoring device including a sensor kit that has at least one through hole at a bottom portion thereof (Fig. 3A, device – 101) (Par. 39, “the secondary portion 101S comprises a pocket 216 configured to receive a transmitter unit 110 and an opening 218 to the pocket 216...” (transmitting unit 110 is in device 101)) (Par. 53, “the pivot member 316 may straddle the outside of side supports 327 and engage wings 312W. During this portion of the stroke, the biosensor 214B, which extends downwardly from aperture 215 of the wearable device 101, is aligned with, and received within a lengthwise open-sided groove 332 formed in a side of the trocar 212T.” (aperture – 215)), and a transmitter that is removably coupled to the sensor kit (Par. 39, “the secondary portion 101S comprises a pocket 216 configured to receive a transmitter unit 110 and an opening 218 to the pocket 216...” (transmitting unit 110 is in device 101, and is received by the pocket, where it would follow that it is also able to be removed from the pocket)), said accessory comprising: a first housing that has an accommodating space (Fig. 3A, contact member – 104 (accommodating space filled by device -101)) (Fig. 3A,3F (empty accommodating space observable as device 101 leaves the space)); and
a second housing (Fig. 3A, push member – 102) that is connected to one side of said first housing (Par. 50, “As should be understood, contact member 104 may be configured to be concentric with push member 102 and may be telescopic therewith. In some embodiments, push member 102 may include a first alignment feature such as a vertically extending groove or recess, and contact member 104 may include a second alignment feature…”), and that has at least one pushing member (Par. 43, “Biosensor inserter 100 includes a push member 102 including a push element 302P that extends downwardly from the underside of push member 102 and includes a contact end that engages with a pivot member 316…” (push element 102p)) (Examiner's Note: there is no such pushing element 302p present within the drawings, and it is assumed that Avirovikj intended for push element 302P to state “102p”) said first housing and said second housing being operable to move relative to each other between a covering state and an open state (Par. 48, “The operation of the biosensor inserter 100 will now be described. In a first stage, the wearable device 101 is inserted into the opening 329 with the door 112 opened as shown in FIG. 1A and 3A….” (Open state of Fig. 3A)) (Par. 49, “As shown in FIG. 3B, the door 112 is then closed, thus folding the wearable device 101 at the hinge 227….” (closed state of Fig. 3B))(Par. 55, “Next, as shown in FIG. 3D, as the user continues to push on push member 102, this further translates the transmitter carrier 318 and the wearable device 101 and inserts the trocar 212T and the biosensor 214B into the skin (outer skin surface shown dotted)” (movement from Fig. 3C to 3D));
wherein, when said first housing and said second housing are in the open state, said accommodating space is adapted to open toward the physiological signal monitoring device with the transmitter facing said accommodating space and being received in one of said first housing and said second housing (Par. 48, “The operation of the biosensor inserter 100 will now be described. In a first stage, the wearable device 101 is inserted into the opening 329 with the door 112 opened as shown in FIG. 1A and 3A….” (Open state of Fig. 3A)) (Fig. 3A, contact member – 104 (accommodating space filled by device -101)) (Fig. 3A,3F (empty accommodating space observable as device 101 leaves the space)) (Fig. 3A,3F (observable that the indicated accommodating space is open toward device – 101)) (Par. 39, “the secondary portion 101S comprises a pocket 216 configured to receive a transmitter unit 110 and an opening 218 to the pocket 216...” (transmitting unit 110 is in device 101 and is in the above indicated accommodating space)); and
wherein, when said first housing and said second housing are in the covering state (Par. 49, “As shown in FIG. 3B, the door 112 is then closed, thus folding the wearable device 101 at the hinge 227….” (closed state of Fig. 3B))(Par. 55, “Next, as shown in FIG. 3D, as the user continues to push on push member 102, this further translates the transmitter carrier 318 and the wearable device 101 and inserts the trocar 212T and the biosensor 214B into the skin (outer skin surface shown dotted)” (movement from Fig. 3C to 3D)), said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push (Par. 43, “Biosensor inserter 100 includes a push member 102 including a push element 302P that extends downwardly from the underside of push member 102 and includes a contact end that engages with a pivot member 316. The push element 302P can be a rigid member and extends downwardly (as oriented in FIG. 3A) from the underside of the push member 102. Received within the contact member 104 is a transmitter carrier 318”)(Fig. 3C, 3D, 3F (push element 102p contacts pivot member 316 (Par. 55, “Next, as shown in FIG. 3D, as the user continues to push on push member 102, this further translates the transmitter carrier 318 and the wearable device 101 and inserts the trocar 212T and the biosensor 214B into the skin (outer skin surface shown dotted)” (movement from Fig. 3C to 3E)) (Par. 53, “During this portion of the stroke, the biosensor 214B, which extends downwardly from aperture 215 of the wearable device 101, is aligned with, and received within a lengthwise open-sided groove 332 formed in a side of the trocar 212T.”).
However, Avirovikj fails to explicitly teach A disassembling accessory adapted for disassembling a physiological signal monitoring device, said disassembling accessory comprising: said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
Huang teaches A disassembling accessory adapted for disassembling a physiological signal monitoring device (Par. 116, “the number of opening 117 of the base body 11 is one. The opening 117 is formed in the surrounding wall 112 and is communicated to an external environment and a space between the bottom plate 111 of the base body 11 and the bottom casing 31 of the transmitter 3….” “…The opening 117 may bear a different shape in a modification of this embodiment, such as extending from a top end of the surrounding wall 112 to a bottom end thereof as shown in FIG. 44, without affecting the performance of the disassembly member 7 in separating the transmitter 3 from the base 1.”) (Fig. 43-44, disassembly member – 7), the physiological signal monitoring device including a sensor kit that has at least one through hole at a bottom portion thereof (Par. 115, “Referring to FIG. 43, a seventh embodiment of the physiological signal monitoring device is similar to that of the first embodiment, with differences as follows”) (Par. 116 (transmitter – 3 and base – 1)) (Par. 54, pad hole – 161), and a transmitter that is removably coupled to the sensor kit (Par. 116 (transmitter – 3 and base – 1)).
Huang teaches replacement of a transmitter from a biosensor (Par. 117, “Overall, the physiological signal monitoring device of this disclosure utilizes the first and second coupling structures 12, 37 to facilitate replacements of the base 1 and the biosensor 2, so that the transmitter 3 may be reused with new sets of the base 1 and the biosensor 2 for future use. Since the first and second coupling structures 12, 37 are disposed to be distal from the periphery cooperatively defined by the base 1 and the transmitter 3 when the first and second coupling structures 12, 37 are coupled to each other, the periphery does not need to have any disassembly member meant for disassembling the transmitter 3 from the base 1, thereby permitting the physiological signal monitoring device to have a simpler and more compact, portable design”).
Huang further teaches a pushing member (Par. 116, disassembly member – 7) is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit (Fig. 43-44, Par. 116, “To remove the transmitter 3 from the base 1, the user may use a disassembly member 7 to pass through the opening 117 into the space between the bottom casing 31 and the bottom plate 111 to push the transmitter 3 away from the base 1, so that the first and second coupling structures 12, 37 are able to be separated from each other. The opening 117 may bear a different shape in a modification of this embodiment, such as extending from a top end of the surrounding wall 112 to a bottom end thereof as shown in FIG. 44, without affecting the performance of the disassembly member 7 in separating the transmitter 3 from the base”).
Pryor teaches a removable transmitter from a sensor (Par. 53, “In a fourth aspect, a device is provided for applying an on-skin sensor assembly to skin of a host, the device comprising: a base configured to secure a housing, wherein the housing is configured to receive a transmitter, and the transmitter is configured to generate analyte information based on a signal from a sensor; and a mechanism configured to, in response to a single action by a user, cause the sensor to be inserted into the host, to secure the electronics unit to the housing such that the sensor electrically contacts the electronics unit..”) and disengaging a transmitter (Par. 218, “Once fully seated, the first tab 488 secures the transmitter 500 to the housing 480 until the second tab 489 is flexed sufficiently to disengage the first tab 488 from the protrusion 510. While being flexed, the second tab rotates about an axis which is near the end of the first tab 488 defining the hole 482. Once the rotation is sufficient, the protrusion 510 disengages from the first tab 488, releasing the transmitter 500…”).
It would not have been obvious to a person of ordinary skill in the art to modify the device of Avirovikj with that of Huang to include A disassembling accessory adapted for disassembling a physiological signal monitoring device, said disassembling accessory comprising: said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
Additionally, the combination of the above references would not reasonably disclose, teach, or suggest A disassembling accessory adapted for disassembling a physiological signal monitoring device, said disassembling accessory comprising: said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 18/604,272 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because: (Examiner's Note: See additional double patenting rejection below based on additional reference claims)
Instant Claims - Application 18/605,132 (claim set filed 03/14/2024) (provisional filed 03/15/2023)
Reference Claims – App. 18/604,272
(claim set filed 03/13/2024) (provisional filed 03/15/2023) (Invention of claim 1)
1. A disassembling accessory adapted for disassembling a physiological signal monitoring device, the physiological signal monitoring device including a sensor kit that has at least one through hole at a bottom portion thereof, and a transmitter that is removably coupled to the sensor kit, said disassembling accessory comprising:
a first housing that has an accommodating space; and
a second housing that is connected to one side of said first housing, and that has at least one pushing member, said first housing and said second housing being operable to move relative to each other between a covering state and an open state;
wherein, when said first housing and said second housing are in the open state, said accommodating space is adapted to open toward the physiological signal monitoring device with the transmitter facing said accommodating space and being received in one of said first housing and said second housing; and
wherein, when said first housing and said second housing are in the covering state, said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
(Examiner's Note: “sensor kit” is defined as “the bottom seat 101 and the sensor 103 are integrated as a sensor kit that is disposable, whereas the transmitter 102 may be reused.” (Par. 39 of applicant’s spec.), which is the same structure as the sensor mounted to the transmitter of the reference application).
1. A disassembling accessory adapted for disassembling a physiological signal monitoring device, the physiological signal monitoring device including a bottom seat that has at least one through hole, a sensor that is mounted to the bottom seat, and a transmitter that is removably mounted to and covering the bottom seat, said disassembling accessory comprising:
a base seat that has an accommodating space; and
a cover body that is connected to one side of said base seat, that is operable to move relative to said base seat between a covering state and an open state, and that has a button and at least one pushing member linked to said button;
wherein, when said cover body is in the open state, said accommodating space is adapted to receive the physiological signal monitoring device therein with the transmitter facing said accommodating space;
wherein, when said cover body is in the covering state, said button is operable to drive said at least one pushing member to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the bottom seat.
2. The disassembling accessory as claimed in Claim 1,
the sensor kit including a bottom seat that is to be mounted on a skin surface of a host and that is formed with the at least one through hole,
and a sensor that is mounted to the bottom seat and that is disposed between the transmitter and the bottom seat when the transmitter covers the bottom seat, wherein:
said at least one pushing member is adapted to extend through the at least one through hole of the bottom seat in the first direction to push the transmitter such that the transmitter is disassembled from the bottom seat and removed from said disassembling accessory in a second direction different from the first direction.
2. The disassembling accessory as claimed in Claim 1, wherein:
the bottom seat includes
a bottom plate that is disposed to be mounted on a skin surface of a host, and
at least one first coupling structure that is disposed on a top surface of the bottom plate, the at least one through hole being formed through the bottom plate and disposed adjacent to the at least one first coupling structure; and
the transmitter includes
a bottom casing that faces the top surface of the bottom plate of the bottom seat, and
at least one second coupling structure disposed on the bottom casing and removably engaging the first coupling structure when the transmitter covers the bottom seat with the bottom casing facing the top surface of the bottom plate of the bottom seat,
wherein said at least one pushing member is adapted to extend through the at least one through hole of the bottom seat to push the bottom casing of the transmitter to disengage the at least one first coupling structure from the at least one second coupling structure to thereby disassembling the transmitter from the bottom seat.
3. The disassembling accessory as claimed in Claim 1, wherein:
said second housing is disposed above said first housing in an up-down direction;
(Examiner's Note: This limitation is directed towards a species of the genus of app. 18/604,272)
said accommodating space of said first housing has a first receiving space and a second receiving space that is in spatial communication with said first receiving space,
and that is disposed under said first receiving space in the up-down direction, said first receiving space and said second receiving space being arranged in the first direction; (Examiner's Note: This limitation is directed towards a species of the genus of app. 18/604,272)
when said first housing and said second housing are in the open state, said first receiving space is adapted to receive the physiological signal monitoring device therein with the transmitter facing said first receiving space; and
when said first housing and said second housing are in the covering state, said at least one pushing member is operable to move in the first direction such that said at least one pushing member is adapted to extend through the at least one through hole of the bottom portion of the sensor kit to push the transmitter so that the transmitter is disassembled from the sensor kit and enters said second receiving space.
3. The disassembling accessory as claimed in Claim 1, wherein:
4. The disassembling accessory as claimed in Claim 3, wherein said first receiving space and said second receiving space are arranged in the first direction and are proximate to each other.
(Examiner's Note: This genus encompasses the species of app. 18/605,132)
3. said accommodating space has a first receiving space and a second receiving space that is in spatial communication with said first receiving space;
4. The disassembling accessory as claimed in Claim 3, wherein said first receiving space and said second receiving space are arranged in the first direction and are proximate to each other.
(Examiner's Note: This genus encompasses the species of app. 18/605,132)
3. when said cover body is in the open state, said first receiving space is adapted to receive the physiological signal
monitoring device therein with the transmitter facing said first receiving space; and
when said cover body is in the covering state, said button is operable to drive said at least one pushing member to move in the first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter so that the transmitter is disassembled from the bottom seat and enters said second receiving space.
4. The disassembling accessory as claimed in Claim 3, wherein said first housing further has a first opening in spatial communication with said second receiving space and an external environment.
5. The disassembling accessory as claimed in Claim 3, wherein said base seat further has a first opening in spatial communication with said second receiving space and an external environment.
5. The disassembling accessory as claimed in Claim 4, wherein:
said first housing includes a pair of side walls, a front wall connected to said side walls, a rear wall connected to said side walls and opposite to said front wall, and a transverse wall connected to said side walls, said front wall, and said rear wall;
said side walls, said front wall, said rear wall, and said transverse wall cooperate with each other to define said second receiving space; and
said first opening is formed in said transverse wall.
6. The disassembling accessory as claimed in Claim 5, wherein:
said base seat includes a pair of side walls, a front wall connected to said side walls, a rear wall connected to said side walls and opposite to said front wall, and a bottom wall connected to said side walls, said front wall, and said rear wall;
said side walls, said front wall, said rear wall, and said bottom wall cooperatively define said second receiving space; and
said first opening is formed in said bottom wall.
6. The disassembling accessory as claimed in Claim 4, wherein:
said first housing includes a pair of side walls, a front wall connected to said side walls, a rear wall connected to said side walls and opposite to said front wall, and a transverse wall connected to said side walls, said front wall, and said rear wall;
said side walls, said front wall, said rear wall, and said transverse wall cooperatively define said second receiving space;
said first housing further has a second opening that is formed in one of said front wall and said rear wall and that is in spatial communication with said second receiving space and the external environment; and
said first opening is formed in one of said front wall and said rear wall.
(Examiner's Note: 112b interpretation applies).
7. The disassembling accessory as claimed in Claim 5, wherein:
said base seat includes a pair of side walls, a front wall connected to said side walls, a rear wall connected to said side walls and opposite to said front wall, and a bottom wall connected to said side walls, said front wall, and said rear wall;
said side walls, said front wall, said rear wall, and said bottom wall cooperatively define said second receiving space;
said base seat further has a second opening that is formed in one of said front wall and said rear wall and that is in spatial communication with said second receiving space and the external environment; and
said first opening is formed in said bottom wall.
7. The disassembling accessory as claimed in Claim 6, wherein:
said first opening has an opening size that is adapted to be smaller than a transverse wall area of a transverse wall of the transmitter;
said second opening is adapted for passage of the transmitter therethrough to exit from said second receiving space to the external environment when the transmitter is disassembled from the sensor kit; and
when the transmitter is disassembled from the sensor kit and falls into said second receiving space, the sensor kit is movable out of said first housing by an external force that is applied via said first opening.
8. The disassembling accessory as claimed in Claim 7, wherein:
said first opening has an opening size that is adapted to be smaller than a base wall area of a base wall of the transmitter;
said second opening is adapted for passage of the transmitter therethrough to exit from said second receiving space to the external environment when the transmitter is disassembled from the bottom seat; and
when the transmitter is disassembled from the bottom seat and falls into said second receiving space, the bottom seat and the sensor is movable out of said base seat by an external force that is applied via said first opening
8. The disassembling accessory as claimed in Claim 4, wherein:
said first housing includes a pair of side walls, a front wall connected to said side walls, a rear wall connected to said side walls and opposite to said front wall, and a transverse wall connected to said side walls, said front wall, and said rear wall;
said side walls, said front wall, said rear wall, and said transverse wall cooperatively define said second receiving space; and
said first opening is formed in one of said front wall and said rear wall.
9. The disassembling accessory as claimed in Claim 5, wherein:
said base seat includes a pair of side walls, a front wall connected to said side walls, a rear wall connected to said side walls and opposite to said front wall, and a bottom wall connected to said side walls, said front wall, and said rear wall;
said side walls, said front wall, said rear wall, and said bottom wall cooperate with each other to define said second receiving space; and
said first opening is formed in one of said front wall and said rear wall.
9. The disassembling accessory as claimed in Claim 3, wherein:
said first housing further has a limiting structure; and
said first receiving space is adapted to receive the physiological signal monitoring device therein with the transmitter facing said first receiving space, said limiting structure being adapted to limit the sensor kit of the physiological signal monitoring device in said first receiving space, and to consequently position the transmitter to be adjacent to said second receiving space.
10. The disassembling accessory as claimed in Claim 3, wherein:
said base seat further has a limiting structure disposed adjacent to said first receiving space;
when said cover body is in the open state, said first receiving space is adapted to receive the physiological signal monitoring device therein with the transmitter facing said first receiving space, said limiting structure is adapted to limit the bottom seat of the physiological signal monitoring device in said first receiving space, and to consequently position the transmitter to be adjacent to said second receiving space.
10. The disassembling accessory as claimed in Claim 3,
further comprising a pivot shaft,
wherein said first housing further includes
a first housing body defining said first receiving space, and
a second housing body defining said second receiving space, and connected pivotably to said first housing body via said pivot shaft; and
said second housing body is pivotable relative to said first housing body from a limiting state to a non-limiting state where removal of the transmitter from said second receiving space is permitted.
11. The disassembling accessory as claimed in Claim 3, wherein:
said disassembling accessory further includes a pivot shaft;
said base seat includes
an upper housing defining said first receiving space, and
a lower housing defining said second receiving space, and connected pivotably to said upper housing via said pivot shaft; and
said lower housing is pivotable relative to said upper housing from a limiting state to a non-limiting state where removal of the transmitter from said second receiving space is permitted.
11. The disassembling accessory as claimed in Claim 1, further comprising a pivot shaft, said second housing being pivotably connected to said first housing via said pivot shaft.
13. The disassembling accessory as claimed in Claim 1, further comprising a pivot shaft, said cover body being pivotably connected to said base seat via said pivot shaft.
12. The disassembling accessory as claimed in Claim 11, further comprising a rotation limiting member mounted to said first housing at a position that is adjacent to said pivot shaft and disposed for positioning said first housing and said second housing in the open state.
14. The disassembling accessory as claimed in Claim 13, further comprising a rotation limiting member mounted to said base seat at a position that is adjacent to said pivot shaft and disposed for positioning said cover body in the open state.
13. The disassembling accessory as claimed in Claim 1, wherein:
said first housing is disposed above said second housing in an up-down direction; (Examiner's Note: This limitation is directed towards a species of the genus of app. 18/604,272)
when said first housing and said second housing are in the open state, said accommodating space is adapted to open toward the physiological signal monitoring device with the transmitter facing said accommodating space and being received in said second housing; and
when said first housing and said second housing are in the covering state, said at least one pushing member is operable to move in the first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter so that the transmitter is disassembled from the sensor kit and enters said accommodating space.
3. The disassembling accessory as claimed in Claim 1, wherein:
said accommodating space has a first receiving space and a second receiving space that is in spatial communication with said first receiving space;
4. The disassembling accessory as claimed in Claim 3, wherein said first receiving space and said second receiving space are arranged in the first direction and are proximate to each other. (Examiner's Note: This genus encompasses the species of app. 18/605,132)
3. when said cover body is in the open state said first receiving space is adapted to receive the physiological signal monitoring device therein with the transmitter facing said first receiving space; and
3. when said cover body is in the covering state, said button is operable to drive said at least one pushing member to move in the first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter so that the transmitter is disassembled from the bottom seat and enters said second receiving space.
(Examiner's Note: Accommodating space includes both the first and second receiving spaces)
14. The disassembling accessory as claimed in Claim 1, wherein:
said second housing has a positioning set adjoining said accommodating space and for positioning the physiological signal monitoring device within said disassembling accessory, and configured to align said at least one pushing member of said second housing with the at least one through hole of the bottom portion of the sensor kit.
12. The disassembling accessory as claimed in Claim 1, wherein:
said cover body has an upper lid, a lower lid connected to said upper lid, and an inner space defined by said upper lid and said lower lid;
said button being mounted on said upper lid;
said cover body further includes a biasing member disposed in said inner space, and disposed between and abutting against said lower lid and said button for biasing said button in a direction away from said lower lid; and
said at least one pushing member is disposed in said inner space and is driven by said button to move, such that said at least one pushing member is driven to extend outwardly of said lower lid.
15. The disassembling accessory as claimed in Claim 1, wherein:
said cover body has a first lid, a second lid connected to said first lid, and an inner space defined by said first lid and said second lid;
a button is mounted on said first lid;
said second housing further includes a biasing member disposed in said inner space, and disposed between and abutting against said second lid and said button for biasing said button in a direction away from said second lid; and
said at least one pushing member is disposed in said inner space and is driven by said button to move, such that said at least one pushing member is driven to extend outwardly of said second lid.
12. The disassembling accessory as claimed in Claim 1, wherein:
said cover body has an upper lid, a lower lid connected to said upper lid, and an inner space defined by said upper lid and said lower lid;
said button being mounted on said upper lid;
said cover body further includes a biasing member disposed in said inner space, and disposed between and abutting against said lower lid and said button for biasing said button in a direction away from said lower lid; and
said at least one pushing member is disposed in said inner space and is driven by said button to move, such that said at least one pushing member is driven to extend outwardly of said lower lid.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 16-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/604,272 (reference application), hereinafter 18/604,272, and further in view of Felix (US Pub. No. 20150087949) hereinafter Felix.
Regarding claim 16, 18/604,272 discloses The disassembling accessory as claimed in Claim 1, wherein said second housing includes a plate wall having at least one portion that is operable to drive said at least one pushing member to move in the first direction such that said at least one pushing member is adapted to extend through the through hole to push the transmitter for disassembling the transmitter from the sensor kit (Claim 12 (see nonstatutory double patenting rejection above)).
18/604,272 fails to disclose a soft portion.
However, Felix teaches a soft portion (Par. 33, “The sealed housing 50 can be molded out of polycarbonate, ABS, or an alloy of those two materials. The button 55 is waterproof and the button's top outer surface is molded silicon rubber or similar soft pliable material. A retention detent 53 and tension detent 54 are molded along the edges of the top surface of the housing 50 to respectively engage the retention catch 26 and the tension clip 27 molded into non-conductive receptacle 25. Other shapes, features, and conformities of the sealed housing 50 are possible.”).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the device of 18/604,272 with that of Felix to include a soft portion through the substitution of materials as differing materials structures are known in the art (Felix (Par. 33)) and it would have yielded the predictable result of improving the pliability of the material.
Regarding claim 17, 18/604,272 discloses the disassembling accessory as claimed in Claim 16, wherein:
said second housing has a first lid, a second lid connected to said first lid, and an inner space defined by said first lid and said second lid (Claim 12 (see nonstatutory double patenting rejection above));
said second housing further has
a portion formed on said first lid (Claim 12 (see nonstatutory double patenting rejection above)), and
a biasing member disposed in said inner space, and disposed between and abutting against said first lid and said second lid for restoring said soft portion (Claim 12 (see nonstatutory double patenting rejection above)).; and
said at least one pushing member is disposed in said inner space and is driven by said portion to move in the first direction, such that said at least one pushing member is adapted to extend outwardly of said second lid through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit (Claim 12 (see nonstatutory double patenting rejection above)).
18/604,272 fails to disclose a soft portion being resiliently deformable.
However, Felix teaches a soft portion formed being resiliently deformable (Par. 33, “The sealed housing 50 can be molded out of polycarbonate, ABS, or an alloy of those two materials. The button 55 is waterproof and the button's top outer surface is molded silicon rubber or similar soft pliable material. A retention detent 53 and tension detent 54 are molded along the edges of the top surface of the housing 50 to respectively engage the retention catch 26 and the tension clip 27 molded into non-conductive receptacle 25. Other shapes, features, and conformities of the sealed housing 50 are possible.”).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the device of 18/604,272 with that of Felix to include a soft portion formed on said first lid of 18/604,272 and being resiliently deformable through the substitution of materials as differing materials structures are known in the art (Felix (Par. 33)) and it would have yielded the predictable result of improving the pliability of the material.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-2 and 14-17 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-18 of copending Application No. 18/604,272 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because: (Examiner's Note: See additional double patenting rejection below as based on additional reference claims)
Instant Claims - Application 18/605,132 (claim set filed 03/14/2024) (provisional filed 03/15/2023)
Reference Claims – App. 18/604,272
(claim set filed 03/13/2024) (provisional filed 03/15/2023) (Independent claim 15)
1. A disassembling accessory adapted for disassembling a physiological signal monitoring device, the physiological signal monitoring device including a sensor kit that has at least one through hole at a bottom portion thereof, and a transmitter that is removably coupled to the sensor kit, said disassembling accessory comprising:
a first housing that has an accommodating space; and
a second housing that is connected to one side of said first housing, and that has at least one pushing member, said first housing and said second housing being operable to move relative to each other between a covering state and an open state;
wherein, when said first housing and said second housing are in the open state, said accommodating space is adapted to open toward the physiological signal monitoring device with the transmitter facing said accommodating space and being received in one of said first housing and said second housing; and
wherein, when said first housing and said second housing are in the covering state, said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
15. A disassembling accessory adapted for disassembling a physiological signal monitoring device, the physiological signal monitoring device including a sensor kit that has at least one through hole at a bottom portion thereof, and a transmitter that is removably coupled to the sensor kit, said disassembling accessory comprising:
a base seat that has an accommodating space and that is adapted for accommodating the physiological signal monitoring device; and
a cover body that is connected to one side of said base seat, that is operable to move relative to said base seat between a covering state and an open state, and that has at least one pushing member;
wherein, when said cover body is in the open state, said accommodating space is adapted to receive the physiological signal monitoring device therein with the transmitter facing said accommodating space;
wherein, when said cover body is in the covering state, said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
2. The disassembling accessory as claimed in Claim 1,
the sensor kit including a bottom seat that is to be mounted on a skin surface of a host and that is formed with the at least one through hole,
and a sensor that is mounted to the bottom seat and that is disposed between the transmitter and the bottom seat when the transmitter covers the bottom seat, wherein:
said at least one pushing member is adapted to extend through the at least one through hole of the bottom seat in the first direction to push the transmitter such that the transmitter is disassembled from the bottom seat and removed from said disassembling accessory in a second direction different from the first direction.
16. The disassembling accessory as claimed in Claim 15,
the sensor kit including a bottom seat that is to be mounted on a skin surface of a host and that is formed with the at least one through hole, and a sensor that is mounted to the bottom seat and that is at least partially disposed between the transmitter and the bottom seat when the transmitter covers the bottom seat, wherein:
said at least one pushing member is adapted to extend through the at least one through hole of the bottom seat in the first direction to push the transmitter such that the transmitter is disassembled from the bottom seat and removed from said base seat in a second direction different from the first direction.
14. The disassembling accessory as claimed in Claim 1, wherein:
said second housing has a positioning set adjoining said accommodating space and for positioning the physiological signal monitoring device within said disassembling accessory, and configured to align said at least one pushing member of said second housing with the at least one through hole of the bottom portion of the sensor kit.
18. The disassembling accessory as claimed in Claim 15, wherein:
said cover body has an upper lid, a lower lid connected to said upper lid, and an inner space defined by said upper lid and said lower lid;
said cover body further has
a soft portion formed on said upper lid and being resiliently deformable, and
a biasing member disposed in said inner space, and disposed between and abutting against said lower lid and said upper lid for restoring said soft portion; and
said at least one pushing member is disposed in said inner space and is driven by said soft portion to move in the first direction, such that said at least one pushing member is adapted to extend outwardly of said lower lid through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
15. The disassembling accessory as claimed in Claim 1, wherein:
said cover body has a first lid, a second lid connected to said first lid, and an inner space defined by said first lid and said second lid;
a button is mounted on said first lid;
said second housing further includes a biasing member disposed in said inner space, and disposed between and abutting against said second lid and said button for biasing said button in a direction away from said second lid; and
said at least one pushing member is disposed in said inner space and is driven by said button to move, such that said at least one pushing member is driven to extend outwardly of said second lid.
18. The disassembling accessory as claimed in Claim 15, wherein:
said cover body has an upper lid, a lower lid connected to said upper lid, and an inner space defined by said upper lid and said lower lid;
said cover body further has a soft portion formed on said upper lid and being resiliently deformable, and
a biasing member disposed in said inner space, and disposed between and abutting against said lower lid and said upper lid for restoring said soft portion; and
said at least one pushing member is disposed in said inner space and is driven by said soft portion to move in the first direction, such that said at least one pushing member is adapted to extend outwardly of said lower lid through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
16. The disassembling accessory as claimed in Claim 1, wherein said second housing includes a plate wall having at least one soft portion that is operable to drive said at least one pushing member to move in the first direction such that said at least one pushing member is adapted to extend through the through hole to push the transmitter for disassembling the transmitter from the sensor kit.
(Examiner's Note: “Soft portion” interpreted as a material “that is resiliently deformable and that is made of, e.g., silicon” or equivalents thereof (Par. 66 of applicant’s spec.))
17. The disassembling accessory as claimed in Claim 15, wherein said cover body includes a top wall having at least one soft portion that is operable to drive said at least one pushing member to move in the first direction such that said at least one pushing member is adapted to extend through the through hole to push the transmitter for disassembling the transmitter from the sensor kit.
17. The disassembling accessory as claimed in Claim 16, wherein:
said second housing has a first lid, a second lid connected to said first lid, and an inner space defined by said first lid and said second lid;
said second housing further has
a soft portion formed on said first lid and being resiliently deformable, and
a biasing member disposed in said inner space, and disposed between and abutting against said first lid and said second lid for restoring said soft portion; and
said at least one pushing member is disposed in said inner space and is driven by said soft portion to move in the first direction, such that said at least one pushing member is adapted to extend outwardly of said second lid through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
18. The disassembling accessory as claimed in Claim 15, wherein:
said cover body has an upper lid, a lower lid connected to said upper lid, and an inner space defined by said upper lid and said lower lid;
said cover body further has
a soft portion formed on said upper lid and being resiliently deformable, and
a biasing member disposed in said inner space, and disposed between and abutting against said lower lid and said upper lid for restoring said soft portion; and
said at least one pushing member is disposed in said inner space and is driven by said soft portion to move in the first direction, such that said at least one pushing member is adapted to extend outwardly of said lower lid through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 18-19 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 26-27 of copending Application No. 18/604,272 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Claims - Application 18/605,132 (claim set filed 03/14/2024) (provisional filed 03/15/2023)
Reference Claims – App. 18/604,272
(claim set filed 03/13/2024) (provisional filed 03/15/2023) (Independent claim 26)
18. A method for disassembling a physiological signal monitoring device, the physiological signal monitoring device including a sensor kit that is formed with at least one through hole at a bottom portion thereof, and a transmitter that is removably coupled to the sensor kit, the method comprising steps of:
providing a disassembling accessory as claimed in Claim 1;
(Examiner's Note: A disassembling accessory adapted for disassembling a physiological signal monitoring device, the physiological signal monitoring device including a sensor kit that has at least one through hole at a bottom portion thereof, and a transmitter that is removably coupled to the sensor kit, said disassembling accessory comprising:
a first housing that has an accommodating space; and
a second housing that is connected to one side of said first housing, and that has at least one pushing member, said first housing and said second housing being operable to move relative to each other between a covering state and an open state;
wherein, when said first housing and said second housing are in the open state, said accommodating space is adapted to open toward the physiological signal monitoring device with the transmitter facing said accommodating space and being received in one of said first housing and said second housing; and
wherein, when said first housing and said second housing are in the covering state, said at least one pushing member is operable to move in a first direction such that said at least one pushing member is adapted to extend through the at least one through hole to push the transmitter for disassembling the transmitter from the sensor kit.)
uncovering one of the first housing and the second housing so that the first housing and the second housing are in the open state;
placing the physiological signal monitoring device into one of the first housing and the second housing with the transmitter facing and corresponding to the accommodating space;
covering one of the first housing and the second housing so that the first housing and the second housing are in the covering state;
disassembling the transmitter from the sensor kit by driving the at least one pushing member to move in a first direction, to extend through the at least one through hole of the bottom portion of the sensor kit, and to push the transmitter; and
retrieving the transmitter by removing the transmitter from the first housing.
26. A method for disassembling a physiological signal monitoring device, the physiological signal monitoring device including a sensor kit that is formed with at least one through hole at a bottom portion thereof, and a transmitter that is removably coupled to the sensor kit, the method comprising the steps of:
providing a disassembling accessory that includes
a base seat having an accommodating space for receiving the physiological signal monitoring device therein, and
a cover body connected to one side of the base seat, movable relative to the base seat between a covering state and an open state, and including at least one pushing member;
uncovering the cover body so that the cover body is in the open state relative to the base seat;
placing the physiological signal monitoring device into the accommodating space with the transmitter facing the accommodating space;
covering the cover body so that the cover body is in the covering state relative to the base seat;
disassembling the transmitter from the sensor kit by driving the at least one pushing member to move in a first direction, to extend through the at least one through hole, and to push the transmitter; and
retrieving the transmitter by removing the transmitter from the base seat.
19. The method as claimed in Claim 18, the second housing further including a button that is operable to drive the pushing member to move, wherein the step of disassembling the transmitter from the sensor kit further includes:
pushing the button in the first direction to move the at least one pushing member in the first direction, to extend through the at least one through hole, and to push the transmitter.
27. The method as claimed in Claim 26, the cover body further including a button that is operable to drive the pushing member to move, wherein the step of disassembling the transmitter from the sensor kit further includes:
pushing the button in the first direction to move the at least one pushing member in the first direction, to extend through the at least one through hole, and to push the transmitter.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 20 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 26-27 of copending Application No. 18/604,272 (reference application), hereinafter 18/604,272, and further in view of Felix (US Pub. No. 20150087949) hereinafter Felix.
Regarding claim 20, 18/604,272 discloses the method as claimed in Claim 18, the second housing of the disassembling accessory having a portion that is operable to drive the at least one pushing member to move, wherein the step of disassembling the transmitter from the sensor kit further includes (Claims 26-27 (see nonstatutory double patenting rejection above)):
pressing the portion to drive the at least one pushing member to move in the first direction such that the at least one pushing member extends through the through hole to push the transmitter (Claims 26-27 (see nonstatutory double patenting rejection above)).
18/604,272 fails to disclose a soft portion.
However, Felix teaches a soft portion (Par. 33, “The sealed housing 50 can be molded out of polycarbonate, ABS, or an alloy of those two materials. The button 55 is waterproof and the button's top outer surface is molded silicon rubber or similar soft pliable material. A retention detent 53 and tension detent 54 are molded along the edges of the top surface of the housing 50 to respectively engage the retention catch 26 and the tension clip 27 molded into non-conductive receptacle 25. Other shapes, features, and conformities of the sealed housing 50 are possible.”).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the method of 18/604,272 with that of Felix to include a soft portion through the substitution of materials as differing materials structures are known in the art (Felix (Par. 33)) and it would have yielded the predictable result of improving the pliability of the material.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARI SINGH KANE PADDA whose telephone number is (571)272-7228. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Sims can be reached at (571) 272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARI S PADDA/ Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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