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 .
Response to Amendment
In response to amendment filed June 3, 2026, claims 1 and 9 are amended. No claims have been cancelled, and no new claims have been added. Claims 1-10 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed June 3, 2026, with respect to the rejection(s) of claim(s) 1-10 under 35 U.S.C 102 have been fully considered and are persuasive in view of the amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Myles (US 20150173661 A1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chae (US 20210267505 A1) in view of Myles (US 20150173661 A1).
With respect to claim 1, Chae discloses an applicator for inserting a sensor for measuring biometric information into skin of a user (see Fig. 17-19; and see paragraph 0065-0066, continuous blood glucose measurement apparatus which may be manufactured as one single unit product that has a body attachable unit assembled inside an applicator wherein information is measured from sensor that is inserted into human body), the applicator comprising:
an applicator body (see Fig. 17-19; and see paragraph 0083 and 0092, applicator #10 may comprise a main case #100 wherein the main case may comprise an outer case #101 and inner case #102);
an insertion unit mounted to the applicator body (see paragraph 0067, applicator #10 formed such that body attachable unit #20 is fixed coupled to inside of applicator #10), the insertion unit comprises a shuttle (see paragraph 0083, body attachable unit #20 is coupled with one side of a plunger body #300) configured to move a sensor unit (see paragraph 0066 and 0079, body attachable unit #20 includes sensor unit #520 where #20 moves sensor unit #520 to be inserted into human body; see paragraph 0112-0115 and Fig. 17-19, plunger body #300 moves from first position to second position with the sensor unit #520), including the sensor and a sensor unit housing to which the sensor is mounted (see paragraph 0079-0081, sensor unit #520 is disposed in housing #510 wherein both #520 and #510 are both moved as seen in Fig. 17-19), from a first position spaced apart from the skin of the user (see Fig. 17 and see paragraph 0115, #520 is positioned away from the skin of user) to a second position where the sensor is inserted into the skin of the user (see Fig. 18-19 and see paragraph 0115, #520 is inserted into skin of user);
an operation member installed to the applicator body to be operated by the user (see Fig. 16 and see paragraph 0083, pressure button #110 is part of a main case #100 of the applicator #10 and configured to perform pressure operation by a user); and
a stopper member installed to the applicator body to move the insertion unit in associated with the operation member (see paragraph 0112-0115 and Fig. 17-19, return prevention hook #161 is formed at the inner case #102 of applicator #10 which is part of main case #100 which is used to prevent the user’s inserting and using another body attachable unit #20);
wherein:
the stopper member is configured to restrain movement of the shuttle to prevent the shuttle from returning to the first position by being engaging with the shuttle after the shuttle moves to the second position (see Fig. 19-20 and see paragraph 0112-0115, return prevention hook #161 restrain movement of plunger body #300 by engaging with plunger body #300 after it moves as seen in Fig. 19 and 20).
Chae does not specifically disclose that the stopper member is configured to release the movement restriction of the shuttle at the first position by moving in association with the operating member.
Myles teaches a stopper member (see paragraph 0041-0042, plurality of interlocking features that are configured and arranged to lock together upon depression of an analyte monitoring device #100 where deflectable arms #113 interpreted to be a stopper member) that is configured to release movement restriction of a shuttle at a first position by moving in association with an operating member (see paragraphs 0008, 0028, and 0041-0047: the plurality of interlocking features which include deflectable arms #113 are configured to releasable lock movement of the applicator #130 by having the analyte monitoring device move between a compressed and an uncompressed state).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chae with the teachings of Myles to have included a stopper member that both releases and restrains a shuttle because it would have resulted in the predictable result of creating a releasable lock that both allows and prevents an analyte monitoring device from transitioning between two positions (Myles: see [0008], [0028]) to maintain position of the analyte monitoring device (Myles: see [0028]).
With respect to claim 2, all limitations of claim 1 apply in which Chae further discloses wherein:
one of the shuttle and the stopper member is provided with a locking groove (see Fig. 19-20 and see paragraph 0112-0113, the plunger body #300 has an interlocking body #340 that interlocks with return prevention hook #161), and another of the shuttle and the stopper member is provided with a locking protrusion inserted into the locking groove (see Fig. 19-20 and see paragraph 0112-0113, the return prevention hook #161 may be configured to have a structure comprising a hook body #1612 that interlocks with interlocking body #340 of the plunger body #300), and
the stopper member is configured to restrain the movement of the shuttle that has moved to the second position in a way that the locking protrusion is inserted into the locking groove (see Fig. 19-20 and see paragraph 0112-0115, return prevention hook #161 restrain movement of plunger body #300 by engaging the hook body #1612 with interlocking body #340 after it moves as seen in Fig. 19 and 20).
With respect to claim 3, all limitations of claim 1 apply in which Chae further discloses wherein the stopper member is installed to move in a direction intersecting with the moving direction of the shuttle (see paragraph 0112-0115, rotation of return prevention hook #161 intersects the moving direction of interlocking body #340 of plunger body #300).
With respect to claim 4, all limitations of claim 1 apply in which Chae further discloses wherein:
the stopper member is installed to be movable from a third position, at which the movement of the shuttle is restrained to prevent the shuttle from moving away from the first position (see Fig. 17-19 and see paragraph 0112-0122, return prevention hook #161 is positioned in a third position when the interlocking body #340 of the plunger body #300 does not move before the sensor unit is inserted into the skin of user as seen in Fig. 17), to a fourth position at which the shuttle is allowed to move to the second position (see Fig. 17-19 and see paragraph 0112-0122, return prevention hook #161 is positioned in a fourth position when the interlocking body #340 of the plunger body #300 is moved when the sensor unit is inserted into the skin of user as seen in Fig. 18-19 where it moved to be above the interlocking body #340) , and
the shuttle is configured to, when the stopper member moves to the fourth position, move to the second position away from the stopper member (see Fig. 17-19 and see paragraph 0112-0122, the plunger #300 is configured to move to the second position when the sensor unit is inserted into skin of user as seen in Fig. 18-19 when the return prevention hook #161 is positioned in a fourth position).
With respect to claim 5, all limitations of claim 4 apply in which Chae further discloses wherein the stopper member is configured to prevent the shuttle from returning to the first position by being engaged with the shuttle which has moved from the fourth position to the second position (see Fig. 19-20 and see paragraph 0112-0122, return prevention hook #161 restrains movement of plunger body #300 by engaging with interlocking body #340 of plunger body #300 after it moves as seen in Fig. 18 and 19).
With respect to claim 6, all limitations of claim 4 apply in which Chae further discloses wherein the stopper member is configured to be moved from the third position to the fourth position by the operation member and be engaged with the shuttle which has moved to the second position after returning to the third position to prevent the shuttle from returning to the first position (see Fig. 19-20 and see paragraph 0112-0122, return prevention hook #161 moves by the operation of the pressure button #110 and return prevention hook #161 is engaged with plunger #300 to prevent plunger #300 from returning to a position where #340 is above #161 as seen in Fig. 18).
With respect to claim 7, all limitations of claim 6 apply in which Chae further discloses a return member installed to the applicator body to bias the stopper member in a direction of returning the stopper member to the third position (see paragraph 0112-0122, the return prevention hook #161 comprises a rotatable body #1611 elastically coupled around a rotary shaft #1613 and a hook body #1612 where it is interpreted that the elastic force applied to the rotary shaft #1613 bias the hook body #1612 in a direction that returns the return prevention hook #161 into a third position when the interlocking body #340 of the plunger body #300 does not move before the sensor unit is inserted into the skin of user as seen in Fig. 17).
With respect to claim 8, all limitations of claim 1 apply in which Chae further discloses
a base unit including a base unit housing and an adhesive portion provided at the base unit housing to be attached to the skin of the user is separably coupled to the applicator body (see Fig. 6 and see paragraph 0084-0089, protection cap #200 has an outside cover unit #201 and inner side supporting unit #203 interpreted to be the housing and a release paper #560 which has a separate adhesive material #562 disposed on it which attaches to skin of use where the protection cap #200 is separably coupled to body attachable unit #20), and
the shuttle is configured to move to the second position together with and couple the sensor unit housing to the base unit housing at the second position (see Fig. 18-19, the plunger #300 moves and couples with sensor unit #520 into inner side supporting unit #203 as seen best in Fig. 8 and Fig. 18-19).
With respect to claim 9, Chae discloses an applicator assembly (see Fig. 17-19; and see paragraph 0065-0066, continuous blood glucose measurement apparatus which may be manufactured as one single unit product that has a body attachable unit assembled inside an applicator wherein information is measured from sensor that is inserted into human body) comprising:
an applicator body (see Fig. 17-19; and see paragraph 0083 and 0092, applicator #10 may comprise a main case #100 wherein the main case may comprise an outer case #101 and inner case #102);
a sensor unit including a sensor and a sensor unit housing to which the sensor is mounted (see paragraph 0066 and 0079, body attachable unit #20 includes sensor unit #520 and housing #510);
an insertion unit mounted to the applicator body (see paragraph 0067, applicator #10 formed such that body attachable unit #20 is fixed coupled to inside of applicator #10), the insertion unit comprises a shuttle (see paragraph 0083, body attachable unit #20 is coupled with one side of a plunger body #300) configured to move a sensor unit (see paragraph 0066 and 0079, body attachable unit #20 includes sensor unit #520 where #20 moves sensor unit #520 to be inserted into human body; see paragraph 0112-0115 and Fig. 17-19, plunger body #300 moves from first position to second position with the sensor unit #520) from a first position spaced apart from the skin of the user (see Fig. 17 and see paragraph 0115, #520 is positioned away from the skin of user) to a second position where the sensor is inserted into the skin of the user (see Fig. 18-19 and see paragraph 0115, #520 is inserted into skin of user);
an operation member installed to the applicator body to be operated by the user (see Fig. 16 and see paragraph 0083, pressure button #110 is part of a main case #100 of the applicator #10 and configured to perform pressure operation by a user); and
a stopper member installed to the applicator body to move in association with the operation member (see paragraph 0112-0115 and Fig. 17-19, return prevention hook #161 is formed at the inner case #102 of applicator #10 which is part of main case #100 which is used to prevent the user’s inserting and using another body attachable unit #20),
wherein:
the stopper member is configured to restrain movement of the shuttle to prevent the shuttle from returning to the first position by being engaging with the shuttle after the shuttle moves to the second position (see Fig. 19-20 and see paragraph 0112-0115, return prevention hook #161 restrain movement of plunger body #300 by engaging with plunger body #300 after it moves as seen in Fig. 19 and 20).
Chae does not specifically disclose that the stopper member is configured to release the movement restriction of the shuttle at the first position by moving in association with the operating member.
Myles teaches a stopper member (see paragraph 0041-0042, plurality of interlocking features that are configured and arranged to lock together upon depression of an analyte monitoring device #100 where deflectable arms #113 interpreted to be a stopper member) that is configured to release movement restriction of a shuttle at a first position by moving in association with an operating member (see paragraphs 0008, 0028, and 0041-0047: the plurality of interlocking features which include deflectable arms #113 are configured to releasable lock movement of the applicator #130 by having the analyte monitoring device move between a compressed and an uncompressed state).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chae with the teachings of Myles to have included a stopper member that both releases and restrains a shuttle because it would have resulted in the predictable result of creating a releasable lock that both allows and prevents an analyte monitoring device from transitioning between two positions (Myles: see [0008], [0028]) to maintain position of the analyte monitoring device (Myles: see [0028]).
With respect to claim 10, all limitations of claim 9 apply in which Chae further discloses
a base unit including a base unit housing, to which the sensor unit housing is coupled, and an adhesive portion provided at the base unit housing to be attached to the skin of the user, the base unit configured to be spaced apart from the sensor unit to be separably coupled to the applicator body (see Fig. 6 and see paragraph 0084-0089, protection cap #200 has an outside cover unit #201 and inner side supporting unit #203 interpreted to be the housing and a release paper #560 which has a separate adhesive material #562 disposed on it which attaches to skin of use where the protection cap #200 is separably coupled to body attachable unit #20 and spaced away from sensor unit #520),
wherein the sensor unit housing is configured to be coupled to the base unit housing at the second position (see Fig. 18-19 and see paragraph 0115, sensor unit #520 is inserted into skin of user which is the second position, and this is where the sensor unit #520 is coupled to #200 seen best in Fig. 8 and Fig. 18-19).
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chae-2 (US 20200178899 A1) in view of Myles (US 20150173661 A1).
With respect to claim 1, Chae-2 discloses an applicator for inserting a sensor for measuring biometric information into skin of a user (see Fig. 1 and 4 and see paragraph 0053-0054: sensor applicator assembly #1 for continuous glucose monitoring system), the applicator comprising:
an applicator body (see paragraph 0058 and 0093, applicator #10 includes main container #100);
an insertion unit mounted to the applicator body (see paragraph 0058-0063, sensor module #20 is preinstalled in applicator #10 specifically within its main container #100), the insertion unit comprises a shuttle (see paragraph 0093-0094 and Fig. 4, sensor module #20 is coupled to one end portion of a plunger body #300) configured to move a sensor unit (see paragraph 0067 and 0079, sensor module #20 includes a sensor #520 which is ejected to be attached to the skin; see paragraph 0093-0094 and paragraph 0129: plunger body #300 moves from a first position to a second position with sensor #520), including the sensor and a sensor unit housing in which the sensor is mounted (see paragraph 0079-0081, sensor module #20 includes sensor #520 attached to a pod #510), from a first position spaced apart from the skin of the user (see Fig. 18a and Fig. 19a and see paragraph 0114-0117, in the first position the sensor module #20 is spaced away from the skin) to a second position where the sensor is inserted into the skin of the user (see Fig. 18b and Fig. 19b and see paragraph 0114-0117, in the second position the sensor module #20 and sensor #520 is inserted into the skin);
an operation member installed to the applicator body to be operated by the user (see paragraph 0093 and Fig. 19A, press button #110 is mounted on a portion of the main container #100 to be press manipulated by a user); and
a stopper member installed to the applicator body to move the insertion unit in associated with the operation member (see paragraph 0094 and 0117-0121 and see Fig. 5 and Fig. 19A-19B: anti return hooks #104 are formed in container cover #103 of the main container #100 which is used to move sensor module #20 via a press button #110);
wherein:
the stopper member is configured to restrain movement of the shuttle to prevent the shuttle from returning to the first position by being engaging with the shuttle after the shuttle moves to the second position (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 prevents the plunger body #300 from returning to the first position after having moved to the second position).
Chae-2 does not specifically disclose that the stopper member is configured to release the movement restriction of the shuttle at the first position by moving in association with the operating member.
Myles teaches a stopper member (see paragraph 0041-0042, plurality of interlocking features that are configured and arranged to lock together upon depression of an analyte monitoring device #100 where deflectable arms #113 interpreted to be a stopper member) that is configured to release movement restriction of a shuttle at a first position by moving in association with an operating member (see paragraphs 0008, 0028, and 0041-0047: the plurality of interlocking features which include deflectable arms #113 are configured to releasable lock movement of the applicator #130 by having the analyte monitoring device move between a compressed and an uncompressed state).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chae-2 with the teachings of Myles to have included a stopper member that both releases and restrains a shuttle because it would have resulted in the predictable result of creating a releasable lock that both allows and prevents an analyte monitoring device from transitioning between two positions (Myles: see [0008], [0028]) to maintain position of the analyte monitoring device (Myles: see [0028]).
With respect to claim 2, all limitations of claim 1 apply in which Chae-2 further discloses wherein:
one of the shuttle and the stopper member is provided with a locking groove (see Fig. 19A-19B and see paragraph 0117-121, the plunger body #300 has elastic hooks #310 that engage with the anti-return hooks #104 including the hook portion #1042 that elastically presses an outer surface portion of the plunger body #300), and another of the shuttle and the stopper member is provided with a locking protrusion inserted into the locking groove (see Fig. 19A-19B and see paragraphs 0097-0098 and 0117-121: the anti-return hooks #104 includes a hook portion #1042 that elastically presses an outer surface portion of the plunger body #300 which has elastic hooks #310), and
the stopper member is configured to restrain the movement of the shuttle that has moved to the second position in a way that the locking protrusion is inserted into the locking groove (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 prevents the plunger body #300 from returning to the first position after having moved to the second position as seen in Fig. 19B as the hook portion #1042 stops the elastic hooks #310 of plunger body #300).
With respect to claim 3, all limitations of claim 1 apply in which Chae-2 further discloses wherein the stopper member is installed to move in a direction intersecting with the moving direction of the shuttle (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 are installed to move in moving direction of the plunger body #300).
With respect to claim 4, all limitations of claim 1 apply in which Chae-2 further discloses wherein:
the stopper member is installed to be movable from a third position, at which the movement of the shuttle is restrained to prevent the shuttle from moving away from the first position (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 is positioned in third position when plunger body #300 does not move before the sensor module #20 is inserted into skin of user), to a fourth position at which the shuttle is allowed to move to the second position (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 are positioned in fourth position when the plunger body #300 is moved when the sensor module is inserted into the skin of user where it moves to be above the plunger body #300), and
the shuttle is configured to, when the stopper member moves to the fourth position, move to the second position away from the stopper member (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: the plunger body #300 is configured to move to second position when the sensor module is inserted into skin of user when anti-return hooks #104 are positioned in fourth position).
With respect to claim 5, all limitations of claim 4 apply in which Chae-2 further discloses wherein the stopper member is configured to prevent the shuttle from returning to the first position by being engaged with the shuttle which has moved from the fourth position to the second position (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 prevents the plunger body #300 from returning to the first position after having moved to the second position as seen in Fig. 19B as the hook portion #1042 stops the elastic hooks #310 of plunger body #300).
With respect to claim 6, all limitations of claim 4 apply in which Chae-2 further discloses wherein the stopper member is configured to be moved from the third position to the fourth position by the operation member and be engaged with the shuttle which has moved to the second position after returning to the third position to prevent the shuttle from returning to the first position (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 prevents the plunger body #300 from returning to the first position after having moved to the second position as seen in Fig. 19B as the hook portion #1042 stops the elastic hooks #310 of plunger body #300 to prevent plunger body #300 from returning to a position where it is above the anti-return hooks #104).
With respect to claim 7, all limitations of claim 6 apply in which Chae-2 further discloses a return member installed to the applicator body to bias the stopper member in a direction of returning the stopper member to the third position (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 comprises a stopper #1043 which bias the anti-return hooks #104 from returning to the third position when the plunger body #300 does not move before the sensor module is inserted into the skin of the user).
With respect to claim 8, all limitations of claim 1 apply in which Chae-2 further discloses
a base unit including a base unit housing and an adhesive portion provided at the base unit housing to be attached to the skin of the user is separably coupled to the applicator body (see Fig. 3-4 and see paragraph 0064-0066 and 0073-0076, protective cap #200 has an outer cover #201 and inner support #203 interpreted to be the housing and a release paper #561 which has a separate adhesive tape #560 on it which is attached to skin of user where protective cap #200 is detachably coupled to applicator #10), and
the shuttle is configured to move to the second position together with and couple the sensor unit housing to the base unit housing at the second position (Fig. 8A-8B and Fig. 19A-19B, the plunger body #300 moves and couples with sensor #520 into inner support #203).
With respect to claim 9, Chae discloses an applicator assembly (see Fig. 1 and 4 and see paragraph 0053-0054: sensor applicator assembly #1 for continuous glucose monitoring system) comprising:
an applicator body (see paragraph 0058 and 0093, applicator #10 includes main container #100);
a sensor unit including a sensor and a sensor unit housing to which the sensor is mounted (see paragraph 0079-0081, sensor module #20 includes sensor #520 attached to a pod #510);
an insertion unit mounted to the applicator body (see paragraph 0058-0063, sensor module #20 is preinstalled in applicator #10 specifically within its main container #100), the insertion unit comprises a shuttle (see paragraph 0093-0094 and Fig. 4, sensor module #20 is coupled to one end portion of a plunger body #300) configured to move the sensor unit (see paragraph 0067 and 0079, sensor module #20 includes a sensor #520 which is ejected to be attached to the skin; see paragraph 0093-0094 and paragraph 0129: plunger body #300 moves from a first position to a second position with sensor #520) from a first position spaced apart from the skin of the user (see Fig. 18a and Fig. 19a and see paragraph 0114-0117, in the first position the sensor module #20 is spaced away from the skin) to a second position where the sensor is inserted into the skin of the user (see Fig. 18b and Fig. 19b and see paragraph 0114-0117, in the second position the sensor module #20 and sensor #520 is inserted into the skin);
an operation member installed to the applicator body to be operated by the user (see paragraph 0093 and Fig. 19A, press button #110 is mounted on a portion of the main container #100 to be press manipulated by a user); and
a stopper member installed to the applicator body to move in association with the operation member (see paragraph 0094 and 0117-0121 and see Fig. 5 and Fig. 19A-19B: anti return hooks #104 are formed in container cover #103 of the main container #100 which is used to move sensor module #20 via a press button #110),
wherein:
the stopper member is configured to restrain movement of the shuttle to prevent the shuttle from returning to the first position by being engaging with the shuttle after the shuttle moves to the second position (see Fig. 19A-19B and Fig. 20 and see paragraph 0117-0121: anti-return hooks #104 prevents the plunger body #300 from returning to the first position after having moved to the second position).
Chae-2 does not specifically disclose that the stopper member is configured to release the movement restriction of the shuttle at the first position by moving in association with the operating member.
Myles teaches a stopper member (see paragraph 0041-0042, plurality of interlocking features that are configured and arranged to lock together upon depression of an analyte monitoring device #100 where deflectable arms #113 interpreted to be a stopper member) that is configured to release movement restriction of a shuttle at a first position by moving in association with an operating member (see paragraphs 0008, 0028, and 0041-0047: the plurality of interlocking features which include deflectable arms #113 are configured to releasable lock movement of the applicator #130 by having the analyte monitoring device move between a compressed and an uncompressed state).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chae-2 with the teachings of Myles to have included a stopper member that both releases and restrains a shuttle because it would have resulted in the predictable result of creating a releasable lock that both allows and prevents an analyte monitoring device from transitioning between two positions (Myles: see [0008], [0028]) to maintain position of the analyte monitoring device (Myles: see [0028]).
With respect to claim 10, all limitations of claim 9 apply in which Chae-2 further discloses
a base unit including a base unit housing, to which the sensor unit housing is coupled, and an adhesive portion provided at the base unit housing to be attached to the skin of the user, the base unit configured to be spaced apart from the sensor unit to be separably coupled to the applicator body (see Fig. 3-4 and see paragraph 0064-0066 and 0073-0076, protective cap #200 has an outer cover #201 and inner support #203 interpreted to be the housing and a release paper #561 which has a separate adhesive tape #560 on it which is attached to skin of user where protective cap #200 is detachably coupled to applicator #10),
wherein the sensor unit housing is configured to be coupled to the base unit housing at the second position (Fig. 8A-8B and Fig. 19A-19B, the plunger body #300 moves and couples with sensor #520 into inner support #203).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIDHI PATEL whose telephone number is (571)272-2379. The examiner can normally be reached Mondays to Fridays 9AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Robertson can be reached at (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/N.N.P./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
Prosecution Insights