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 .
Amendment Entered
This Office action is responsive to the Amendment filed on July 28th, 2026. The examiner acknowledges the amendments to claims 1, 5, 7, 8, and 9, as well as the cancellation of claims 4 and 10-12. Claims 1-3 and 5-9 remain pending in the application.
Response to Arguments
Applicant's arguments filed July 28th, 2026, with respect to the drawing objections have been fully considered. The drawing objections are withdrawn.
Applicant's arguments filed July 28th, 2026, with respect to the non-statutory double patenting rejections have been fully considered but are not persuasive. Claim 9 does not incorporate all of the limitations of claim 4, specifically “the first cut section is configured to protrude by being pressurized” which was stated in the reasons for indication of allowable subject matter on page 17 of the previous Office action. In view of the amendments to claim 9, a new ground(s) of non-statutory double patenting rejections is made over claim 5 of U.S. Patent No. US 12064238 B2 and claim 3 of U.S. Patent No. US 12285254 B2. Examiner suggests incorporating the limitation “the first cut section is configured to protrude by being pressurized” into claim 9.
Applicant's arguments and amendments filed July 28th, 2026, with respect to the rejections under 35 USC § 102 have been considered and are persuasive. The rejections under 35 USC § 102 are withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. US 12064238 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the claims of U.S. Patent No. US 12064238 B2.
Instant Application 18/766,493
Claim 9. A sensor assembly (sensor unit), wherein a part of the sensor assembly is insertable into a human body (one end portion of the sensor unit) and another part of the sensor assembly (an other end portion of the sensor unit) is contactable to an electrical contact (electrical contact point), the sensor assembly comprising: a sensor body (sensor unit); a sensor probe extended from the sensor body and configured to be inserted into the human body (one end portion of the sensor unit outwardly protrudes … inserted into the body); and a pressure transformer formed at the sensor body (pressure transforming unit … formed at the other end portion of the sensor unit) and configured to be transformed to be adjacent to the electrical contact by being pressurized to be contacted to the electrical contact (configured to be transformable by being pressurized … to be contacted to the electrical contact point) wherein: the pressure transformer comprises a first cut section cut along a first cut line formed at the sensor body (at least one cut section comprises a first cut section having a structure along a first cut line); and the first cut section is configured to be transformed to be adjacent to the electrical contact by being pressurized (pressurized by the pressurizing operation module to be contacted to the electrical contact point of the PCB; cut section ... contactable with the electrical contact point of the PCB, and the first cut section is configured to be transformable by being pressurized by the pressurizing operation module (Examiner note: the cut section being pressurized to be contacted to the electrical contact point of the PCB requires that the cut section be adjacent to the electrical contact)).
U.S. Patent No. US 12064238 B2
Claim 1. A body attachable unit for continuous glucose measurement, the body attachable unit configured to be insertedly attachable to a body by an applicator for the continuous glucose measurement, the body attachable unit comprising: a housing, wherein a bottom surface of the housing is to contact a skin; a printed circuit board (PCB) disposed inside the housing; a sensor unit installed in the housing, wherein one end portion of the sensor unit outwardly protrudes from the bottom surface of the housing to be inserted into the body when the housing contacts the skin, and an other end portion of the sensor unit is configured to be contactable to an electrical contact point of the PCB; a pressurizing operation module configured to pressurize the other end portion of the sensor unit to be contacted to the electrical contact point of the PCB according to manipulation of a user; and a pressure transforming unit having at least one cut section, configured to be transformable by being pressurized by the pressurizing operation module to be contacted to the electrical contact point of the PCB, and formed at the other end portion of the sensor unit, and the at least one cut section of the pressure transforming unit is configured to be transformable by being pressurized by the pressurizing operation module.
Claim 5. The body attachable unit for the continuous glucose measurement of claim 1, wherein the at least one cut section of the pressure transforming unit comprises a first cut section having a structure cut along a first cut line formed at a center portion of a sensor body unit to be contactable with the electrical contact point of the PCB, and the first cut section is configured to be transformable by being pressurized by the pressurizing operation module.
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 3 of U.S. Patent No. US 12285254 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the claims of U.S. Patent No. US 12285254 B2.
Instant Application 18/766,493
Claim 9. A sensor assembly (sensor unit), wherein a part of the sensor assembly is insertable into a human body (one end portion of the sensor unit) and another part of the sensor assembly (an other end portion of the sensor unit) is contactable to an electrical contact (electrical contact point), the sensor assembly comprising: a sensor body (sensor unit); a sensor probe extended from the sensor body and configured to be inserted into the human body (one end portion of the sensor unit outwardly protrudes … inserted into the body); and a pressure transformer formed at the sensor body (pressure transforming unit … formed at the other end portion of the sensor unit) and configured to be transformed to be adjacent to the electrical contact by being pressurized to be contacted to the electrical contact (configured to be transformable by being pressurized … to be contacted to the electrical contact point), wherein: the pressure transformer comprises a first cut section cut along a first cut line formed at the sensor body (pressure transforming unit has a first cut line formed to have a structure with a partially opened section ... first cut line formed at the center portion of the sensor body unit); and the first cut section is configured to be transformed to be adjacent to the electrical contact by being pressurized (pressure transforming unit configured to be transformable by being pressurized by the pressurizing operation module to be contacted to the electrical contact point of the PCB ... configured to be transformable by being pressurized by the pressurizing operation module (Examiner note: the pressure transforming unit, which comprises the first cut section, being pressurized to be contacted to the electrical contact point of the PCB requires that the cut section be adjacent to the electrical contact)).
U.S. Patent No. US 12285254 B2.
Claim 1. A body attachable unit for continuous glucose measurement, the body attachable unit comprising: a housing; a printed circuit board (PCB) disposed inside the housing; a sensor unit installed in the housing, wherein one end portion of the sensor unit outwardly protrudes from the housing to be inserted into a body when the housing contacts a skin, and an other end portion of the sensor unit is configured to be contactable to an electrical contact point of the PCB; and a pressurizing operation module installed at the housing, the pressurizing operation module configured to pressurize the other end portion of the sensor unit to be contacted to the electrical contact point of the PCB, wherein a pressure transforming unit configured to be transformable by being pressurized by the pressurizing operation module to be contacted to the electrical contact point of the PCB is formed at the other end portion of the sensor unit, the pressure transforming unit has a structure partially cut at the other end portion of the sensor unit, and a bridge unit is formed at a portion of the partially cut structure of the pressure transforming unit to connect the cut structure at the portion of the pressure transforming unit, and wherein the pressure transforming unit has a first cut line formed to have a structure with a partially opened section and a second cut line surrounding the partially opened section of the first cut line at an outside of the first cut line.
Claim 2. The body attachable unit for the continuous glucose measurement of claim 1, wherein the sensor unit comprises: a sensor body unit, wherein the pressure transforming unit is formed at a center portion of the sensor body unit to be contactable with the electrical contact point of the PCB; and a sensor probe unit bent from one side of the sensor body unit and extending to be inserted into the body.
Claim 3. The body attachable unit for the continuous glucose measurement of claim 2, wherein the pressure transforming unit comprises a first cut section having a structure cut along the first cut line formed at the center portion of the sensor body unit, the first cut section is configured to be transformable by being pressurized by the pressurizing operation module, and the bridge unit is formed at a portion of the first cut line.
Allowable Subject Matter
Claims 1-3 and 5-8 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record taken either singularly or in a combination fails to anticipate or fairly suggest the limitations: “the pressure transformer comprises a first cut section cut along a first cut line formed at the sensor body, and the first cut section is configured to protrude by being pressurized”.
Halac (US 20170188912 A1) discloses a leaf spring that is configured to bend and that is pressed against a first electrical contact of the electronics unit and a second electrical contact of the glucose sensor to electrically couple the glucose sensor to the electronics unit (para. [0468, 0473-0474, 0477-0478, 0484-0485]).
Naka (US 20130115829 A1) discloses a contact mechanism including a fixed contact and a movable contact having movable contact bound by portions U-shaped grooves (fig. 3);
Kurita (US 9787011 B2) discloses a contact member (fig. 3).
Hartigg (US 20180296146 A1) discloses a sensor and a sensor assembly for detecting at least one analyte in a body fluid including a pressure element 232 (fig. 4C).
Kurita (US 20180076535 A1) discloses a contact member that is surface-mounted onto a mounting target surface of a printed wiring board and that is sandwiched between the printed wiring board and a conductive member to form an electrical connection;
Thomas (US 20100198034 A1) discloses a power supply switch mechanism (figs. 14-16;
Fan (US 20170194721 A1) discloses an electrical connector and method of manufacture;
Achmann (US 20190388013 A1) discloses a medical device including a sensor having an interconnect;
Qu (US 20120302109 A1) discloses an electrical terminal having an elasticity;
Barker (GB 816636 A) discloses contact arrangements for electrical switches;
Curry (US 20160128615 A1) discloses an analyte monitoring system comprising an on-body housing and a sensor including an electrical contact portion comprising a slit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Fan (US 20140335705 A1) directed to an electrical connector; Kasatani (US 5024605 A) directed to a connecting electrode.
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 ANDREW ELI HOFFPAUIR whose telephone number is (571)272-4522. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.E.H./Examiner, Art Unit 3791
/AURELIE H TU/Primary Examiner, Art Unit 3791
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