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 .
Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract exceeds 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Specification
The amendment filed on February 5th, 2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The incorporation by reference of the Korean Patent Application No. 10-2021-0103245 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of the associated PCT, in this case is June 2nd, 2022, see MPEP 1893.03(b). Therefore, the specification amendment of February 5th, 2024 to include the incorporation by reference is new matter, per MPEP 608.01(p). In order to overcome the objection, Examiner suggests that the Applicant file an amendment to their specification that removes the statement “the entire contents of which are incorporated herein by reference”.
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:
“insertion unit” in Claims 1 and 14: [00102] of the Applicant’s Specification recites wherein “[t]he insertion unit (440) includes a shuttle (441) movably installed inside the column member (410), and a needle assembly (460) that can move together with the shuttle (441)”
“operation member” in Claims 1 and 14: [00100] of the Applicant’s Specification recites wherein “[t]he operation member (365) includes a button portion (366) and a pressing protrusion (367) protruding from the button portion (366)”
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 Objections
Claims 1, 11, and 13-15 are objected to because of the following informalities:
Claim 1 recites “a first position which is spaced apart from the skin of the user” in lines 5-6, but should read “a first position which is configured to be spaced apart from the skin of the user”
Claim 1 recites “a second position where the sensor is inserted into the skin of the user” in lines 6-7, but should read “a second position where the sensor is configured to be inserted into the skin of the user”
Claim 1 recites “the applicator body to be movable by the user” in line 8, but should read “the applicator body configured to be movable by the user”
Claim 1 recites “the applicator body to be movable by the user” in line 10, but should read “the applicator body configured to be movable by the user”
Claim 11 recites “a direction of being away from the stopper” in lines 3-4, but should read “a direction away from the stopper”
Claim 13 recites “a direction of being away from the sensor” in lines 7-8, but should read “a direction away from the sensor”
Claim 14 recites “a first position which is spaced apart from the skin of the user” in lines 4-5, but should read “a first position which is configured to be spaced apart from the skin of the user”
Claim 14 recites “a second position where the sensor is inserted into the skin of the user” in lines 5-6, but should read “a second position where the sensor is configured to be inserted into the skin of the user”
Claim 14 recites “the applicator body to be movable by the user” in line 7, but should read “the applicator body configured to be movable by the user”
Claim 14 recites “the applicator body to be movable by the user” in line 9, but should read “the applicator body configured to be movable by the user”
Claim 15 recites “housing to be attachable to the skin of the user” in line 3, but should read “housing configured to be attachable to the skin of the user”
Appropriate correction is required.
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 14-15 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 14 recites the limitation "the skin" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the user" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the adhesive layer" in line 6. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear as to whether this limitation is referring to the previously introduced “adhesive portion” from line 3 of Claim 15, or a separate element.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 7, and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chae et al (U.S. Publication No. 2020/0178899 A1).
Regarding Claim 1, Chae discloses an applicator for inserting a sensor for measuring biometric information into skin of a user (Sensor applicator assembly for continuous glucose monitoring system; Abstract), the applicator comprising:
an applicator body (applicator 10);
an insertion unit installed to the applicator body to move a sensor unit (sensor 520), which includes the sensor (sensor probe 521) and a sensor unit housing (sensor housing 522) to which the sensor is mounted (The sensor housing 522 is configured to surround a portion of the sensor probe 521 to support the sensor probe 521; [0088]), from a first position which is spaced apart from the skin of the user to a second position where the sensor is inserted into the skin of the user (The plunger body 300 is fixedly coupled to an internal position, i.e. a first position, of the main container 100. In response to the press button 110 being manipulated, the plunger body 300 is decoupled from the first position to move linearly to a second position in an ejecting direction. The elastic plunger spring S1 applies elastic force to the plunger body 300 so that the plunger body 300 moves linearly from the first position to the second position. The sensor module 20 is coupled to one end portion of the plunger body 300 to move from the first position to the second position, integrally with the plunger body 300; [0093]);
an operation member installed to the applicator body to be movable by the user to operate the insertion unit (The main container 100 has a press button 110 mounted on a portion of the main container 100 to be press-manipulated by a user; [0093]); and
a moving tab which is installed to the applicator body to be movable by the user (safety locking device 120), and is configured to be movable from a locking position, which restrains operation of the operation member (The safety locking device 120 able to prevent the press-manipulation performed to the press button 110 is coupled to the external container 101. As illustrated in FIGS. 14 and 15, the safety locking device 120 is slid into the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012 to prevent the pressed movement of the press button 110. Slide holes 1014 are provided in one portion of the external container 101, such that the safety locking device 120 is slid into the button guide opening 1012 through the slide holes 1014; [0104]), to a release position, which releases restraint on the operation member (The safety locking device 120 includes anti-pressing rods 121 and an outer support 122. The anti-pressing rods 121 are configured to be inserted into and withdrawn from the button guide opening 1012 by sliding…gripping protrusions 123 may protrude outward from the outer support 122 of the safety locking device 120, such that the user can hold the gripping protrusions 123 with a hand when the user intends to slide and withdraw the safety locking device 120…it is possible to slide and withdraw the safety locking device 120 from the external container 101, so that the safety locking device 120 is removed; [0105-0109]).
Regarding Claim 2, Chae discloses wherein the moving tab is installed to the applicator body to be movable in a direction of intersecting a movable direction of the sensor unit (As illustrated in FIGS. 14 and 15, the safety locking device 120 is slid into the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012 to prevent the pressed movement of the press button 110… When the anti-pressing rods 121 are inserted into the button guide opening 1012, the anti-pressing rods 121 are disposed to extend through the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012. Accordingly, the pressed movement of the press button 110 in the depth direction of the button guide opening 1012 is restrained; [0104-0105]).
Regarding Claim 3, Chae discloses wherein the moving tab is installed to the applicator body to be movable in a direction perpendicular to a movable direction of the sensor unit (As illustrated in FIGS. 14 and 15, the safety locking device 120 is slid into the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012 to prevent the pressed movement of the press button 110… When the anti-pressing rods 121 are inserted into the button guide opening 1012, the anti-pressing rods 121 are disposed to extend through the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012. Accordingly, the pressed movement of the press button 110 in the depth direction of the button guide opening 1012 is restrained; [0104-0105]).
Regarding Claim 4, Chae discloses wherein:
an opening is provided at one side of the applicator body (button guide opening 1012), and
the moving tab is configured to be movable in a direction of intersecting a movable direction of the sensor unit so that at least a portion of the moving tab is drawn out from an inside of the applicator body to an outside of the applicator body through the opening (the external container 101 is provided with a button guide opening 1012 into which the press button 110 is inserted. The button guide opening 1012 allows the inserted press button 110 to move when pressed…as illustrated in FIGS. 14 and 15, the safety locking device 120 is slid into the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012 to prevent the pressed movement of the press button 110…the anti-pressing rods 121 are configured to be inserted into and withdrawn from the button guide opening 1012 by sliding; [0103-0105]).
Regarding Claim 5, Chae discloses wherein the moving tab comprises:
a moving tab body (The safety locking device 120 includes anti-pressing rods 121; [0105]), and
a handle portion (gripping protrusions 123) extended from one side of the moving tab body in order for the user to be able to hold the handle portion with a hand (the user can hold the gripping protrusions 123 with a hand when the user intends to slide and withdraw the safety locking device 120; [0106]), and
wherein, in the locking position, the moving tab body is located inside the applicator body (The safety locking device 120 includes anti-pressing rods 121…the anti-pressing rods 121 are configured to be inserted into and withdrawn from the button guide opening 1012 by sliding…when the anti-pressing rods 121 are inserted into the button guide opening 1012, the anti-pressing rods 121 are disposed to extend through the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012; [0105]), and the handle portion is exposed to the outside of the applicator body (Gripping protrusions 123 may protrude outward from the outer support 122 of the safety locking device 120, such that the user can hold the gripping protrusions 123 with a hand when the user intends to slide and withdraw the safety locking device 120; [0106]).
Regarding Claim 7, Chae discloses a stopper member (stopper protrusions 320) movably installed to the applicator body to operate the insertion unit in association with the operation member (When the press button 110 of the external container 101 is press-manipulated inwardly as illustrated in FIG. 5, internal pressing protrusions 111 of the press button 110 press the elastic hooks 310 of the plunger body 300. This disengages the elastic hooks 310 from the internal container 102, so that the plunger body 300 is moved linearly to the second position by the elastic force of the elastic plunger spring S1…the plunger body 300 may be provided with stopper protrusions 320 to limit a range of movement to the second position. In response to the movement of the plunger body 300 to the second position, the stopper protrusions 320 can limit the movement of the plunger body 300 by engaging with a portion of the internal container 102. That is, the range of movement of the plunger body 300 is limited to the second position by the stopper protrusions 320; [0099]),
wherein the moving tab is configured to restrain movement of the stopper member at the locking position, and release restraint on the stopper member at the release position (Examiner’s Note: The safety locking device 120 (equivalent to the moving tab) is configured to prevent the press button 110 from being pressed in the locking position. The stopper protrusions function to limit a range of movement to the second position, which can only occur when button 110 has been pressed. Therefore, in the locking position, the safety locking device 120 is configured to restrain movement of the stopper member. In the release position, the safety locking device 120 is withdrawn from the opening; therefore, there is no restraint on the stopper member in the release position).
Regarding Claim 13, Chae discloses wherein the sensor unit comprises:
an adhesive layer (adhesive tape 560) provided at the sensor unit housing (adhesive tape 560 is attached to a body contact surface of the sensor module 20, such that sensor module 20 can be attached to the human body; [0065]), and
a protective sheet (release paper 561) covering the adhesive layer (A release paper 561 is attached to the body contact surface of the adhesive tape 560 to protect the adhesive tape 560; [0065]), and
wherein the moving tab is configured to be engaged with the protective sheet in the locking position, and, when the moving tab moves to the release position, separate the protective sheet from the adhesive layer by pulling the protective sheet in a direction of being away from the sensor unit housing (the release paper 561 may be configured such that one portion thereof is bonded to the protective cap 200. Thus, when the user detaches the protective cap 200 from the applicator 10, the release paper 561 can be detached and removed from the adhesive tape 560 along with the protective cap 200. Accordingly, when the user detaches the protective cap 200, the release paper 561 is removed from the adhesive tape 560; [0066]; the safety locking device 120 may be configured so as not to be decoupled from the main container 100 unless the protective cap 200 is decoupled from the main container 100. This is because, if the safety locking device 120 is decoupled and the press button 110 is pressed in a state in which the protective cap 200 is not detached, the sensor probe 521 may be damaged through collision with the protective cap 200; [0107]; as illustrated in FIG. 21, the protective cap 200 of the applicator 10 is detached. In the process in which the protective cap 200 is detached, the release paper 561 of the adhesive tape 560 of the sensor module 20 is detached together with the protective cap 200, thereby being removed from the adhesive tape 560. Afterwards, the sensor applicator assembly is located on a portion of the body, to which the sensor module 20 is to be attached. In this state, the safety locking device 120 is removed from the sensor applicator assembly. When the press button 110 is press-manipulated in a state in which the safety locking device 120 is removed, the plunger body 300 is moved downwardly in an ejecting direction by the elastic plunger spring S1, as illustrated in FIGS. 22a and 22b . In this process, the needle 550 and the sensor probe 521 of the sensor module 20 are inserted into the body E. Here, the sensor module 20 is bonded to the surface of the body E via the adhesive tape 560; [0132-0133]).
Regarding Claim 14, Chae discloses an applicator assembly (Sensor applicator assembly for continuous glucose monitoring system; Abstract) comprising:
an applicator body (applicator 10);
a sensor unit (sensor 520) including a sensor (sensor probe 521) and a sensor unit housing (sensor housing 522) to which the sensor is mounted (The sensor housing 522 is configured to surround a portion of the sensor probe 521 to support the sensor probe 521; [0088]);
an insertion unit installed to the applicator body to move the sensor unit from a first position which is spaced apart from the skin of the user to a second position where the sensor is inserted into the skin of the user (The plunger body 300 is fixedly coupled to an internal position, i.e. a first position, of the main container 100. In response to the press button 110 being manipulated, the plunger body 300 is decoupled from the first position to move linearly to a second position in an ejecting direction. The elastic plunger spring S1 applies elastic force to the plunger body 300 so that the plunger body 300 moves linearly from the first position to the second position. The sensor module 20 is coupled to one end portion of the plunger body 300 to move from the first position to the second position, integrally with the plunger body 300; [0093]);
an operation member installed to the applicator body to be movable by the user to operate the insertion unit (The main container 100 has a press button 110 mounted on a portion of the main container 100 to be press-manipulated by a user; [0093]); and
a moving tab which is installed to the applicator body to be movable by the user (safety locking device 120), and is configured to be movable from a locking position, which restrains operation of the operation member (The safety locking device 120 able to prevent the press-manipulation performed to the press button 110 is coupled to the external container 101. As illustrated in FIGS. 14 and 15, the safety locking device 120 is slid into the button guide opening 1012 in a direction perpendicular to the depth direction of the button guide opening 1012 to prevent the pressed movement of the press button 110. Slide holes 1014 are provided in one portion of the external container 101, such that the safety locking device 120 is slid into the button guide opening 1012 through the slide holes 1014; [0104]), to a release position, which releases restraint on the operation member (The safety locking device 120 includes anti-pressing rods 121 and an outer support 122. The anti-pressing rods 121 are configured to be inserted into and withdrawn from the button guide opening 1012 by sliding…gripping protrusions 123 may protrude outward from the outer support 122 of the safety locking device 120, such that the user can hold the gripping protrusions 123 with a hand when the user intends to slide and withdraw the safety locking device 120…it is possible to slide and withdraw the safety locking device 120 from the external container 101, so that the safety locking device 120 is removed; [0105-0109]).
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6, 8, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of KR102222049B1 (the machine translation, provided herewith, is referred to below).
Regarding Claim 6, Chae fails to specifically teach a moving tab arm configured to be engageable with an applicator body detent provided at the applicator body is provided at one side of the moving tab body to be elastically deformable, and when a force greater than a preset amount is applied to the moving tab, the moving tab arm is configured to be disengaged from the applicator body detent to be withdrawn from the opening.
In a similar technical field, KR102222049B1 discloses an applicator for continuous glucose monitoring system (Abstract), comprising a moving tab arm configured to be engageable with an applicator body detent provided at the applicator body is provided at one side of the moving tab body to be elastically deformable, and when a force greater than a preset amount is applied to the moving tab, the moving tab arm is configured to be disengaged from the applicator body detent to be withdrawn from the opening (the locking body of the locking member may be formed to be elastically deformable, and may be formed such that the engagement state of the locking hook is released as the user manipulates the locking body to elastically deform; [0027]; the lock body 1151 is formed to be elastically deformable, and as the user rotates the lock body 1151 to elastically deform, the engagement state of the lock hook 1152 with the button guide groove 1011 is released. In addition, the locking body 1151 is coupled to be detachably detachable from the pressing button 110, and as the user separates and removes the locking body 1151, it is in the button guide groove 1011 of the locking hook 1152. It may be configured to release the engagement state; [0152]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the elastically deformable teachings of KR102222049B1 into those of Chae in order to enable the disengagement from the applicator through elastic deformation of the locking body via user rotation (KR102222049B1 [0027] and [0152]).
Regarding Claim 8, Chae fails to specifically teach a locking unit including a locking body installed to the applicator body to be engageable with the stopper member or disengageable from the stopper member, wherein the moving tab is configured to contact the locking body at the locking position to bias the locking body to be engaged with the stopper member, and wherein the locking body is configured to, when the moving tab moves to the release position, be disengaged from the stopper member.
In a similar technical field, KR102222049B1 discloses an applicator for continuous glucose monitoring system (Abstract), comprising a locking unit including a locking body installed to the applicator body to be engageable with the stopper member or disengageable from the stopper member (the locking member may be formed to restrain the slide movement of the pressing button by one end is coupled to the pressing button and the other end is engaged with the button guide groove. In addition, the locking member may include a locking body having one end coupled to the pressing button so as to be operable by a user, and a locking hook protruding from one side of the locking body and engaging the inner circumferential surface of the button guide groove. In addition, the locking body of the locking member may be rotatably coupled to the pressing button, and may be formed such that the engaging state of the locking hook is released as the user rotates the locking body. In addition, the locking body of the locking member may be formed to be elastically deformable, and may be formed such that the engagement state of the locking hook is released as the user manipulates the locking body to elastically deform. In addition, the locking body of the locking member may be formed to be detachably removable from the pressing button, and may be formed such that the engaging state of the locking hook is released as the user separates and removes the locking body; [0024-0028]; Figures 38-39), wherein the moving tab is configured to contact the locking body at the locking position to bias the locking body to be engaged with the stopper member, and wherein the locking body is configured to, when the moving tab moves to the release position, be disengaged from the stopper member (the lock body 1151 is formed to be elastically deformable, and as the user rotates the lock body 1151 to elastically deform, the engagement state of the lock hook 1152 with the button guide groove 1011 is released. In addition, the locking body 1151 is coupled to be detachably detachable from the pressing button 110, and as the user separates and removes the locking body 1151, it is in the button guide groove 1011 of the locking hook 1152. It may be configured to release the engagement state; [0152]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the locking body teachings of KR102222049B1 into those of Chae in order to enable the engagement and disengagement of the body via user manipulation (KR102222049B1 [0152]).
Regarding Claim 11, Chae fails to specifically teach wherein the locking unit comprises an elastic member configured to apply elastic force to the locking body in a direction of being away from the stopper member, and wherein the locking body is configured to, when the moving tab is located at the locking position, be biased in a direction of contacting the moving tab and being engaged with the stopper member, and, when the moving tab moves to the release position, be biased in a direction of deviating from the moving tab and being released from engagement with the stopper member by the elastic force of the elastic member.
In a similar technical field, KR102222049B1 discloses an applicator for continuous glucose monitoring system (Abstract), wherein the locking unit comprises an elastic member configured to apply elastic force to the locking body in a direction of being away from the stopper member (According to this structure, when the user presses the pressing button 110, the shooting plate 150 slides, and accordingly, the engagement state between the plunger body 300 and the shooting plate 150 is released, and the plunger body 300) Is externally discharged from the first position to the second position as shown in FIGS. 15 and 16 by the elastic force of the plunger elastic spring S1. A stopper protrusion 320 may be formed on the plunger body 300 to limit the range of movement to the second position, and the stopper protrusion 320 is an inner case as the plunger body 300 moves to the second position. It is possible to limit the movement of the plunger body 300 in a manner that is engaged with one side of 102. That is, the plunger body 300 moves only to the second position by the stopper protrusion 320, and is not discharged externally from the main case 100 beyond that range. At this time, the inner case 102 is engaged with the stopper protrusion 320 while the plunger body 300 is moved to the second position, and a stopper fixing part 1021 is formed to restrain the movement of the stopper protrusion 320 Can be; [0073-0074]), and wherein the locking body is configured to, when the moving tab is located at the locking position, be biased in a direction of contacting the moving tab and being engaged with the stopper member, and, when the moving tab moves to the release position, be biased in a direction of deviating from the moving tab and being released from engagement with the stopper member by the elastic force of the elastic member (the lock body 1151 is formed to be elastically deformable, and as the user rotates the lock body 1151 to elastically deform, the engagement state of the lock hook 1152 with the button guide groove 1011 is released. In addition, the locking body 1151 is coupled to be detachably detachable from the pressing button 110, and as the user separates and removes the locking body 1151, it is in the button guide groove 1011 of the locking hook 1152. It may be configured to release the engagement state; [0152]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the elastic member teachings of KR102222049B1 into those of Chae in order to enable the engagement and disengagement of the body via user manipulation while also providing restraint to limit range of movement (KR102222049B1 [0073-0074] and [0152]).
Regarding Claim 12, Chae fails to specifically teach a locking unit including a locking body installed to the applicator body to be in association with the moving tab to restrain movement of the operation member, wherein the moving tab is configured to move the locking body so that the locking body restrains the movement of the operation member at the locking position, and wherein the locking body is configured to, when the moving tab moves to the release position, move to release restraint on the operation member.
In a similar technical field, KR102222049B1 discloses an applicator for continuous glucose monitoring system (Abstract), comprising a locking unit including a locking body installed to the applicator body to be in association with the moving tab to restrain movement of the operation member (the locking member may be formed to restrain the slide movement of the pressing button by one end is coupled to the pressing button and the other end is engaged with the button guide groove. In addition, the locking member may include a locking body having one end coupled to the pressing button so as to be operable by a user, and a locking hook protruding from one side of the locking body and engaging the inner circumferential surface of the button guide groove. In addition, the locking body of the locking member may be rotatably coupled to the pressing button, and may be formed such that the engaging state of the locking hook is released as the user rotates the locking body. In addition, the locking body of the locking member may be formed to be elastically deformable, and may be formed such that the engagement state of the locking hook is released as the user manipulates the locking body to elastically deform. In addition, the locking body of the locking member may be formed to be detachably removable from the pressing button, and may be formed such that the engaging state of the locking hook is released as the user separates and removes the locking body; [0024-0028]), wherein the moving tab is configured to move the locking body so that the locking body restrains the movement of the operation member at the locking position, and wherein the locking body is configured to, when the moving tab moves to the release position, move to release restraint on the operation member (At this time, the locking member 115 blocks the mode change of the pressing button 110 in a manner that restricts the slide movement of the pressing button 110. For example, the locking member 115 may be configured such that one end is coupled to the pressing button 110 and the other end is engaged with the button guide groove 1011 to restrain the slide movement of the pressing button 110. More specifically, the locking member 115 has one end of the locking body 1151 coupled to the pressing button 110 so as to be manipulated by the user as shown in FIG. 38, and protruding from one side of the locking body 1151 It may be configured to include a locking hook 1152 engaged with the inner circumferential surface of the button guide groove 1011. In this case, the locking body 1151 is rotatably coupled to the pressing button 110, and as the user rotates the locking body 1151, the engagement state of the locking hook 1152 with the button guide groove 1011 is It can be configured to be released. The rotatable structure of the locking body 1151 may be configured using a hinge or the like, but may be configured so that a user can easily rotate it using a coupling part made of a soft material as shown in FIGS. 38 and 39; [0149-0151]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the locking body teachings of KR102222049B1 into those of Chae in order to enable the engagement and disengagement of the body via user manipulation (KR102222049B1 [0152]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of Garai et al (U.S. Publication No. 2020/0337608; cited by Applicant).
Regarding Claim 15, Chae discloses a base unit including a base unit housing (pod 510) to which the sensor unit housing is coupled and an adhesive portion (adhesive tape 560) provided at the base unit housing to be attachable to the skin of the user (The adhesive tape 560 is attached to the bottom end surface of the pod 510, such that the sensor module 20 can be ejected by the applicator 10 so as to be attached to the human body. The sensor 520 is disposed within the internal space of the pod 510 such that one end portion of the sensor 520 protrudes downward from the pod 510; [0080-0081]), the base unit spaced apart from the sensor unit and separably coupled to the applicator body (The pod 510 may include a flat plate-shaped pod base 511 and a case-shaped pod body 512. The adhesive tape 560 is attached to the bottom end surface of the pod base 511. The pod body 512 is provided on a portion of the top surface of the pod base 511 to surround a portion of a space above the pod base 511. The pod body 512 is located on a top surface portion of the pod base 511. The sensor 520, the PCB 530, the battery 540, and the like, are disposed in the internal space of the pod body 512. The pod 510 is attached to the human body by the operation of the applicator 10. The pod base 511 is attached to the human body via the adhesive tape 560. Afterwards, the separate transmitter 30 is seated on and coupled to the top surface of the pod base 511 so as to be connected to the connector terminal 513 of the pod body 512. The sensor 520 is disposed within the internal space of the pod 510 such that one end portion of the sensor 520 protrudes downward from the pod 510; [0080-0081]).
Chae fails to specifically teach wherein the sensor unit housing is configured to be attachable to the base unit housing by the adhesive layer.
In a similar technical field, Garai discloses a flexible physiological characteristic sensor assembly (Abstract), wherein the sensor unit housing (The physiological characteristic sensor assembly 10 is flexible, and has a low profile. In one example, the physiological characteristic sensor assembly 10 includes a first or top housing 12; [0104]) is configured to be attachable to the base unit housing by the adhesive layer at the second position (the sensor 38, a first double sided adhesive layer 58, a second double sided adhesive layer 60, and at least one or a plurality of conductive adhesive patches 62; [0108]; The first double sided adhesive layer 58 cooperates with the second double sided adhesive layer 60 to surround or sandwich the proximal end 84 of the sensor 38 between the double sided adhesive layers 58, 60…the sensor bore 58 a is defined through the double sided adhesive layer 58 to enable a needle associated with the sensor introducer 110 (FIG. 10) to pass through the double sided adhesive layer 58. The sensor bore 60 a is defined through the double sided adhesive layer 60 to enable the distal segment end 36 of the sensor 38 to pass through the double sided adhesive layer 60; [0122]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the double sided adhesive teachings of Garai into those of Chae in order to surround the sensor to enable it to be attachable to the base housing (Garai [0122]).
Allowable Subject Matter
Claims 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/CHANEL J YOON/Examiner, Art Unit 3791
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