DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
Claim Interpretation
2. 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.
3. 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.
4. 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:
“a reader device” in claims 1 and 12; and
“a visual output unit” in claim 1.
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.
The corresponding structure described in the specification is/are:
“a reader device” corresponds to a “reader” or “analyte monitoring device”, analyte meter (e.g., blood glucose meter)”, or a “mobile device” (see “The receiver unit may also be referred to herein as “reader” or “reader unit”. As described above, the reader may be an analyte monitoring device that is brought in contact with the OBU to acquire readings from the OBU. The reader may be, for example, an analyte meter (e.g., blood glucose meter), a mobile device that has been adapted to receive readings from the OBU, etc.” in para. [0009] of the original disclosure, filed 02 April 2024); and
“a visual output unit” corresponds to a “display unit” (see “In a further embodiment, the output unit includes one or more of a visual output unit, an audible output unit, or a vibratory output unit. The output units may facilitate proper operation of the device. In some instances, the output units provide alarms and/or reminders for the user—e.g., alarms for high or low glucose readings, rapid rises or declines in readings, reminders to take or log readings, reminders to take insulin or other medication, etc. Additional details regarding output units may be found in U.S. Provisional Application 61/451,488, the disclosure of which is incorporated herein by reference for all purposes.” in para. [0059] of the original disclosure, filed 02 April 2024, in which U.S. Provisional Application 61/452,488 discloses “Referring back to FIG. 1, the output unit 250 may be configured to output display data or information including the determined analyte level on the display unit 120 (FIG. 1) of the health monitor device … where the display unit 120 is configured as a touch sensitive display (e.g., a touch screen display) …” in para. [0060]).
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 § 102
5. 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.
6. The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
7. Claims 1-3, 5-7, 9-13, and 15-19 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Gross et al., U.S. Patent No. 6,275,717 B1 (“Gross”).
As to Claim 1, Gross teaches the following:
A glucose monitoring system (“monitor device”) 10 (see “This invention relates to devices and methods for measuring an analyte in vivo, and in particular to sensors for use in such devices and methods.” in col. 1, ll. 6-8, and see fig. 1), comprising:
an on body unit (“second part”) 13 (see “The monitor device of FIG. 1A, indicated generally at 10, comprises a housing 11 separable into a first part 12 and a second part 13.” in col. 9, ll. 50-52), comprising:
a housing (“housing”) 11 (see “The monitor device of FIG. 1A, indicated generally at 10, comprises a housing 11 separable into a first part 12 and a second part 13.” in col. 9, ll. 50-52),
an adhesive (“suitable adhesive”, not labeled) disposed on the housing 11 and configured to secure the housing 11 to a skin surface of a user (see “The lower surface 14 is provided with a suitable adhesive to hold device 10 securely in place against the subject's skin.” in col. 10, ll. 22-24),
a glucose sensor (“working electrode 15, a counter electrode 16 and a reference electrode 17”) 15, 16, 17 at least partially arranged within the housing 11 and having a portion (“enzymatic sensor needle”) 15 configured to be positioned under the skin surface and in contact with interstitial fluid (see “The second part 13 of housing 11 has a lower surface 14 which is provided with a working electrode 15, a counter electrode 16 and a reference electrode 17.” in col. 9, ll. 52-54; and see “Thus, lower surface 14 of second part 13 is seen with working electrode 15 (i.e. the enzymatic sensor needle) in the centre. … The glucose oxidase enzyme 29 is thus recessed from the surface of the needle 15 in order to protect the enzyme 29 from being physically damaged, for example, when the needle 15 punctures the skin of a patient.” in col. 10, ll. 17-31)
sensor electronics (“electronic controlling circuitry provided in second part 13”, not labeled) coupled to the glucose sensor 15, 16, 17 and configured to process signals generated by the glucose sensor 15, 16, 17 (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62), and
one or more electrical contacts (“electrical connections”, not labeled, on top surface of “second part 13” in fig. 1A) arranged on an exterior surface of the housing (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62); and
a reader device (“first part”) 12 (see “The monitor device of FIG. 1A, indicated generally at 10, comprises a housing 11 separable into a first part 12 and a second part 13.” in col. 9, ll. 50-52), comprising:
one or more probes (“electrical connections”, not labeled, on bottom surface of “first part 12” in fig. 1A) configured to be selectively placed in electrical contact with the one or more electrical contacts on the exterior surface of the housing 11 such that glucose data is communicated from the on body unit 13 to the reader device 12 (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62), and
a visual output unit (“display unit”) 24 configured to output glucose concentration levels based on the glucose data (see “The display unit of FIG. 1B, indicated generally at 24, is provided with a corresponding radio receiver 25, a visual LCD display 26, and a battery 27 to power the unit 24. Measured analyte levels from measuring device 10 can thus be transmitted to display unit 24.” in col. 10, ll. 12-16).
As to Claim 2, Gross teaches the following:
wherein the glucose sensor 15, 16, 17 is self-powered (see “The voltage is controlled by the microprocessor 18, and both microprocessor 18 and voltage controller 19 are powered by a battery 20.” in col. 10, ll. 1-3).
As to Claim 3, Gross teaches the following:
wherein the one or more electrical contacts (“electrical connections”, not labeled, on top surface of “second part 13” in fig. 1A) comprises a plurality of electrical contacts (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62).
As to Claim 5, Gross teaches the following:
wherein each of the one or more probes (“electrical connections”, not labeled, on bottom surface of “first part 12” in fig. 1A) of the reader device 12 corresponds to an electrical contact of the plurality of electrical contacts (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62).
As to Claim 6, Gross teaches the following:
wherein the glucose sensor 15, 16, 17 comprises one or more electrodes (“Working electrode 15”, “Counter electrode 16”, and “reference electrode 17”) 15, 16, 17 (see “Working electrode 15 is a platinum-iridium enzymatic sensor in the form of a needle the detailed structure of which will be described in detail below. Counter electrode 16 and reference electrode 17 are each in the form of a silver/silver chloride surface makes good electrical contact with the subject's skin by means of the adhesive gel thereon.” in col. 9, ll. 58-63).
As to Claim 7, Gross teaches the following:
wherein the one or more electrodes 15, 16, 17 comprise a working electrode 15 and a counter electrode 16 (see “Working electrode 15 is a platinum-iridium enzymatic sensor in the form of a needle the detailed structure of which will be described in detail below. Counter electrode 16 and reference electrode 17 are each in the form of a silver/silver chloride surface makes good electrical contact with the subject's skin by means of the adhesive gel thereon.” in col. 9, ll. 58-63).
As to Claim 9, Gross teaches the following:
wherein the glucose data communicated to the reader device comprises glucose concentration levels (see “Measured analyte levels from measuring device 10 can thus be transmitted to display unit 24.” in col. 10, ll. 12-16).
As to Claim 10, Gross teaches the following:
wherein the glucose data communicated to the reader device 12 comprises glucose trend information (see “A switch in the form of a push button 21 is used to stop or start the operation of the device, and an alarm 22 is provided to alert the user in the event of glucose levels being excessively high or low.” in col. 10, ll. 3-6).
As to Claim 11, Gross teaches the following:
wherein the on body unit 13 does not include a transmitter (see fig. 1, “part 13” does not include a transmitter in fig. 1A).
As to Claim 12, Gross teaches the following:
A method of monitoring glucose levels (see “This invention relates to devices and methods for measuring an analyte in vivo, and in particular to sensors for use in such devices and methods.” in col. 1, ll. 6-8, and see fig. 1), the method comprising:
monitoring glucose levels using an on body unit (“second part”) 13 (see “The monitor device of FIG. 1A, indicated generally at 10, comprises a housing 11 separable into a first part 12 and a second part 13.” in col. 9, ll. 50-52), wherein the on body unit 13 comprises:
a housing (“housing”) 11 (see “The monitor device of FIG. 1A, indicated generally at 10, comprises a housing 11 separable into a first part 12 and a second part 13.” in col. 9, ll. 50-52),
an adhesive (“suitable adhesive”, not labeled) disposed on the housing 11 and configured to secure the housing 11 to a skin surface of a user (see “The lower surface 14 is provided with a suitable adhesive to hold device 10 securely in place against the subject's skin.” in col. 10, ll. 22-24),
a glucose sensor (“working electrode 15, a counter electrode 16 and a reference electrode 17”) 15, 16, 17 coupled to the housing 11 and having a portion (“enzymatic sensor needle”) 15 configured to be positioned below the skin surface in contact with interstitial fluid (see “The second part 13 of housing 11 has a lower surface 14 which is provided with a working electrode 15, a counter electrode 16 and a reference electrode 17.” in col. 9, ll. 52-54; and see “Thus, lower surface 14 of second part 13 is seen with working electrode 15 (i.e. the enzymatic sensor needle) in the centre. … The glucose oxidase enzyme 29 is thus recessed from the surface of the needle 15 in order to protect the enzyme 29 from being physically damaged, for example, when the needle 15 punctures the skin of a patient.” in col. 10, ll. 17-31),
sensor electronics (“electronic controlling circuitry provided in second part 13”, not labeled) coupled to the glucose sensor 15, 16, 17 configured to process signals generated by the glucose sensor 15, 16, 17 (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62); and
one or more electrical contacts (“electrical connections”, not labeled, on top surface of “second part 13” in fig. 1A) arranged on an exterior surface of the housing (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62); and
communicating the glucose data to a reader device a reader device (“first part”) 12 (see “The monitor device of FIG. 1A, indicated generally at 10, comprises a housing 11 separable into a first part 12 and a second part 13.” in col. 9, ll. 50-52) by placing one or more probes (“electrical connections”, not labeled, on bottom surface of “first part 12” in fig. 1A) of the reader device 12 in contact with the one or more electrical contacts of the on body unit 13 (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62); and
visually outputting glucose concentration levels by the reader device 12 based on the glucose data (see “The display unit of FIG. 1B, indicated generally at 24, is provided with a corresponding radio receiver 25, a visual LCD display 26, and a battery 27 to power the unit 24. Measured analyte levels from measuring device 10 can thus be transmitted to display unit 24.” in col. 10, ll. 12-16).
As to Claim 13, Gross teaches the following:
wherein the one or more electrical contacts (“electrical connections”, not labeled, on top surface of “second part 13” in fig. 1A) comprises a plurality of electrical contacts (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62).
As to Claim 15, Gross teaches the following:
each of the one or more probes (“electrical connections”, not labeled, on bottom surface of “first part 12” in fig. 1A) of the reader device 12 corresponds to an electrical contact of the plurality of electrical contacts (see “The first part 12 and second part 13 are each provided with the requisite electrical connections (not shown) to connect the electrodes 15-17 to the electronic controlling circuitry provided in second part 13.” in col. 18, ll. 59-62).
As to Claim 16, Gross teaches the following:
outputting an alarm by (“alarm”) 22 the reader device 12 based on the glucose data (see “A switch in the form of a push button 21 is used to stop or start the operation of the device, and an alarm 22 is provided to alert the user in the event of glucose levels being excessively high or low. The alarm 22 may also be used for a variety of other functions, such as to alert the user in the event of device malfunction or low battery levels, for example.” in col. 10, ll. 3-9).
As to Claim 17, Gross teaches the following:
wherein communicating glucose data to the reader device 12 comprises communicating glucose concentration levels (see “Measured analyte levels from measuring device 10 can thus be transmitted to display unit 24.” in col. 10, ll. 12-16).
As to Claim 18, Gross teaches the following:
wherein communicating glucose data to the reader device 12 comprises communicating glucose trend information (see “A switch in the form of a push button 21 is used to stop or start the operation of the device, and an alarm 22 is provided to alert the user in the event of glucose levels being excessively high or low.” in col. 10, ll. 3-6).
As to Claim 19, Gross teaches the following:
generating a current by the glucose sensor 15, 16, 17 to power the sensor electronics (“electronic controlling circuitry provided in second part 13”, not labeled) (see “The voltage is controlled by the microprocessor 18, and both microprocessor 18 and voltage controller 19 are powered by a battery 20.” in col. 10, ll. 1-3).
Claim Rejections - 35 USC § 103
8. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
9. This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
10. Claims 8 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gross, as applied to claims 1 and 12, respectively, above, and further in view of Say et al., U.S. Patent No. 6,134,461 A (“Say”).
As to Claim 8, Gross teaches the subject matter of claim 1 above. Gross does not teach the following:
wherein the on body unit further comprises a temperature sensor configured to measure a temperature at or near the glucose sensor.
However, having a temperature sensor at or near a glucose sensor is well known in the art. For example, Say teaches the following:
a temperature sensor (“temperature probe”) 66 configured to measure a temperature at or near the glucose sensor (“electrodes”) 58, 60, 62 (see “In addition to the electrodes 58, 60, 62 and the sensing layer 64, the sensor 42 may also include a temperature probe 66 (see FIGS. 6 and 8), a mass transport limiting layer 74 (see FIG. 9), a biocompatible layer 75 (see FIG. 9), and/or other optional components, as described below.” in col. 7, ll. 44-48).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Gross’s on body unit (“second part”) 13 to include Say’s temperature sensor (“temperature probe”) 66 in order to “… provide a temperature adjustment for the output from the working electrode 58 to offset the temperature dependence of the working electrode 58” (see “Typically, a signal (e.g., a current) having an amplitude or other property that is a function of the temperature can be obtained by providing a potential across the two probe leads 68, 70 of the temperature probe 66. As the temperature changes, the temperature-dependent characteristic of the temperature-dependent element 72 increases or decreases with a corresponding change in the signal amplitude. The signal from the temperature probe 66 (e.g., the amount of current flowing through the probe) may be combined with the signal obtained from the working electrode 58 by, for example, scaling the temperature probe signal and then adding or subtracting the scaled temperature probe signal from the signal at the working electrode 58. In this manner, the temperature probe 66 can provide a temperature adjustment for the output from the working electrode 58 to offset the temperature dependence of the working electrode 58.” in Say, col. 24, ll. 15-30).
As to Claim 20, Gross teaches the subject matter of claim 12 above. Gross does not teach the following:
measuring a temperature at or near the glucose sensor by a temperature sensor of the on body unit.
However, having a temperature sensor at or near a glucose sensor is well known in the art. For example, Say teaches the following:
measuring a temperature at or near the glucose sensor (“electrodes”) 58, 60, 62 by a temperature sensor (“temperature probe”) 66 (see “In addition to the electrodes 58, 60, 62 and the sensing layer 64, the sensor 42 may also include a temperature probe 66 (see FIGS. 6 and 8), a mass transport limiting layer 74 (see FIG. 9), a biocompatible layer 75 (see FIG. 9), and/or other optional components, as described below.” in col. 7, ll. 44-48; and see “Typically, a signal (e.g., a current) having an amplitude or other property that is a function of the temperature can be obtained by providing a potential across the two probe leads 68, 70 of the temperature probe 66. As the temperature changes, the temperature-dependent characteristic of the temperature-dependent element 72 increases or decreases with a corresponding change in the signal amplitude. The signal from the temperature probe 66 (e.g., the amount of current flowing through the probe) may be combined with the signal obtained from the working electrode 58 by, for example, scaling the temperature probe signal and then adding or subtracting the scaled temperature probe signal from the signal at the working electrode 58. In this manner, the temperature probe 66 can provide a temperature adjustment for the output from the working electrode 58 to offset the temperature dependence of the working electrode 58.” in col. 24, ll. 15-30).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Gross’s on body unit (“second part”) 13 to include Say’s temperature sensor (“temperature probe”) 66 in order to “… provide a temperature adjustment for the output from the working electrode 58 to offset the temperature dependence of the working electrode 58” (see “Typically, a signal (e.g., a current) having an amplitude or other property that is a function of the temperature can be obtained by providing a potential across the two probe leads 68, 70 of the temperature probe 66. As the temperature changes, the temperature-dependent characteristic of the temperature-dependent element 72 increases or decreases with a corresponding change in the signal amplitude. The signal from the temperature probe 66 (e.g., the amount of current flowing through the probe) may be combined with the signal obtained from the working electrode 58 by, for example, scaling the temperature probe signal and then adding or subtracting the scaled temperature probe signal from the signal at the working electrode 58. In this manner, the temperature probe 66 can provide a temperature adjustment for the output from the working electrode 58 to offset the temperature dependence of the working electrode 58.” in Say, col. 24, ll. 15-30).
11. Claims 4 and 14 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Gross, as applied to claims 1 and 12, respectively, above, and further in view of Eilersen et al., U.S. Patent Application Publication No. 2008/0255440 A1 (“Eilersen”).
As to Claim 4, Gross teaches the subject matter of claim 3 above. Gross does not teach the following:
wherein the plurality of electrical contacts are arranged concentrically.
However, Eilersen teaches the following:
wherein the plurality of electrical contacts (“conductive, concentric rings”) 66, 67 are arranged concentrically (see “By this embodiment it is very easy to ensure micro-organism-impermeable closure around the needle, since--compared to the embodiments described earlier--the sensor is conveyed around the needle and through piston, where the electric contact areas are situated in the form of conductive, concentric rings 66, 67.” in para. [0052], and see fig. 6).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Gross’s plurality of electrical contacts (“electrical connections”, not labeled, on top surface of “second part 13” in fig. 1A) to be concentrically arranged (Eilersen’s “conductive, concentric rings 66, 67”), as taught by Eilersen, because it is a simple substitatuion of one known element, i.e. Gross’s electrical contacts arrangement in fig. 1A, for another, i.e. Eilersen’s electrical contacts arrangement in fig. 6, to obtain predictable results, i.e. providing electrical connection for the electrodes of the glucose sensor.
As to Claim 14, Gross teaches the subject matter of claim 13 above. Gross does not teach the following:
wherein the plurality of electrical contacts are arranged concentrically.
However, Eilersen teaches the following:
wherein the plurality of electrical contacts (“conductive, concentric rings”) 66, 67 are arranged concentrically (see “By this embodiment it is very easy to ensure micro-organism-impermeable closure around the needle, since--compared to the embodiments described earlier--the sensor is conveyed around the needle and through piston, where the electric contact areas are situated in the form of conductive, concentric rings 66, 67.” in para. [0052], and see fig. 6).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Gross’s plurality of electrical contacts (“electrical connections”, not labeled, on top surface of “second part 13” in fig. 1A) to be concentrically arranged (Eilersen’s “conductive, concentric rings 66, 67”), as taught by Eilersen, because it is a simple substitatuion of one known element, i.e. Gross’s electrical contacts arrangement in fig. 1A, for another, i.e. Eilersen’s electrical contacts arrangement in fig. 6, to obtain predictable results, i.e. providing electrical connection for the electrodes of the glucose sensor.
Conclusion
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 02/21/2026