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 .
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 5, 7, & 12 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 5 claims ‘wherein the body holds the data logger stationary relative to the body’ - since the ‘data logger’ has not been positively recited as part of the claimed invention, this claim should be rewritten as -- wherein the body is configured to hold the data logger stationary relative to the body-- or include a positive recitation of the ‘data logger’ in the claim.
Claim 7 claims ‘wherein the data logger anchoring device is formed of an elastic material which is elastically deformed to receive the data logger’ - since the ‘data logger’ has not been positively recited as part of the claimed invention, this claim should be rewritten as --wherein the data logger anchoring device is formed of an elastic material which is configured to be elastically deformed to receive the data logger-- or include a positive recitation of the ‘data logger’ in the claim.
Claim 12 claims ‘wherein the end portions cover at least a portion of a top surface and a bottom surface of the data logger’ - since the ‘data logger’ has not been positively recited as part of the claimed invention, this claim should be rewritten as --wherein the end portions are configured to cover at least a portion of a top surface and a bottom surface of the data logger-- or include a positive recitation of the ‘data logger’ in the claim
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, 8, 11-13, & 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brockway et al. (US Pat. No. 4,846,191).
Regarding claim 1, Brockway et al. disclose a data logger anchoring device (Figs. 1, 6A-B, & 7) comprising: a body 12, 62 (Figs. 6A-B & 7) including a cavity configured to receive a data logger disposed therein (NOTE: the ‘data logger’ is not positively recited as part of the claimed invention since it follows a ‘configured to receive’ statement with respect to the cavity; see Fig. 1 for internal data logging elements 16, 18 housed within body 12, which is also housed within housing 62); an anchoring portion 20, 72 (Fig. 7) attached to the body 12, 62 (Fig. 7); and one or more through holes formed in the anchoring portion 72 (see holes shown in Fig. 7 - shown sutured in Fig. 8A), wherein the one or more through holes are configured to accept a suture passing therethrough to attach the data logger anchoring device to tissue of a subject (see holes shown in Fig. 7 - shown sutured in Fig. 8A).
Regarding claim 2, Brockway et al. further disclose wherein the cavity is a cylindrical cavity extending through the body 12, 62 (Figs. 1, 6A-B, & 7), and wherein the cavity is configured to form a friction fit with the data logger (the ‘friction fit’ depends upon the size of the data logger relative to the cavity, since the data logger is not positively recited as part of the claimed invention, it is considered that the body 12, 62 would be capable of forming a friction fit with a data logger that has a size causing a friction fit within the cavity; furthermore, the data logging elements shown inside the cavity 12 of Fig. 1 appear to be fitted within the cavity to not move therein).
Regarding claim 3, Brockway et al. further disclose the data logger 16, 18 disposed in the cavity (see Fig. 1).
Regarding claim 4, Brockway et al. further disclose wherein the anchoring portion 20, 72 extends outwards from the body 12, 62 (Fig. 7), and wherein the one or more through holes are a single through hole (one of the through holes in anchoring portion 72 is considered to meet a ‘single through hole’).
Regarding claim 5, Brockway et al. further disclose wherein the body 12, 62 holds the data logger stationary relative to the body (data logger elements 16, 18 are held stationary within body 12, 62; see 35 USC 112, 2nd paragraph above).
Regarding claim 8, Brockway et al. further disclose wherein the cavity of the data logger anchoring device has a diameter greater than an external diameter of the data logger 16, 18 (as seen in Fig. 1, the cavity holding elements 16,18 of body 12, 62 has an greater diameter than the external diameters of elements 16, 18).
Regarding claim 11, Brockway et al. further disclose wherein the body 12, 62 of the data logger anchoring device is configured to extend along between 25% and 50% of a total length of the data logger (this limitation depends on a dimension of the unclaimed data logger, NOTE: the data logger is still not positively recited as part of the claimed invention; body 12, 62 extends the entire length of the data logger elements 16, 18, which meets the ‘configured to extend along between 25%-50% of a total length’ since 25%-50% lies in the 100% of the length).
Regarding claim 12, Brockway et al. further disclose end portions attached to the body 12 (proximal and distal circular end portions of the cylindrical shape - Figs. 1, 6A-B, & 7), wherein the end portions cover at least a portion of a top surface and a bottom surface of the data logger (body 12 encapsulates the data logger elements 16, 18 as seen in Fig. 1; see 35 USC 112, 2nd paragraph above).
Regarding claim 13, Brockway et al. further disclose wherein the data logger is a cylinder (the data logger is still not positively recited as part of the claimed invention, therefore, the cavity just needs to be capable of the following function) having a side surface with a side surface area, wherein the body of the data logger anchoring device is configured to cover less than or equal to half of the side surface area (it is considered that covering the whole side surface area encompasses the range or less than or equal to half of the side surface area, since it is not claimed that it is configured to only cover this portion).
Regarding claim 15, Brockway et al. further disclose wherein each of the end portions of the data logger anchoring device comprise a flat cavity (proximal and distal circular end portions of the cylindrical shape are flat - Figs. 1, 6A-B, & 7) configured to receive a flat end surface of the data logger (body 12 encapsulates the data logger elements 16, 18 as seen in Fig. 1).
Regarding claim 16, Brockway et al. further disclose wherein the data logger anchoring device comprises no sharp edges and/or points (Figs. 1, 6A-B, 7 - the shapes of device elements 12, 62, 20, 72 naturally have no sharp edges and/or points
Regarding claim 17, Brockway et al. disclose a data logger anchoring device (Figs. 1, 6A-B, & 7) comprising: a body 12, 62 (Figs. 1, 6A-B, & 7) including a first end and a second end configured to join together when disposed around a data logger (NOTE: the ‘data logger’ is not positively recited as part of the claimed invention since it follows a ‘when disposed around’ statement which is a situational description/intended use for the body; body portion 62 is joined together at 64 - shown in Figs. 6A-B - to be disposed around 12 which houses the data logger elements 16, 18 shown in Fig. 1); an anchoring portion 20, 72 (Fig. 7) attached to the body 12, 62; and one or more through holes formed in the anchoring portion (see holes shown in Fig. 7 - shown sutured in Fig. 8A), wherein the one or more through holes are configured to accept a suture passing therethrough to attach the data logger anchoring device to tissue of a subject (see holes shown in Fig. 7 - shown sutured in Fig. 8A).
Claims 1, 2, 5-11, & 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al. (US Pub. No. 2006/0184203 A1).
Regarding claim 1, Martin et al. disclose a data logger anchoring device (Figs. 33A-B) comprising: a body 502 (Figs. 33A-B) including a cavity configured to receive a data logger disposed therein (NOTE: the ‘data logger’ is not positively recited as part of the claimed invention since it follows a ‘configured to receive’ statement with respect to the cavity; cavity formed by cylindrical body 502 is capable of receiving a data logger shaped and sized to fit therein - since the data logger is not being positively recited here as part of the claimed invention, any data logger size/dimension/shape can be imagined to fit within the prior art cavity); an anchoring portion (the free ends of sheet 502 that form the body having suture holes therethrough - Figs. 33A-B) attached to the body 502; and one or more through holes formed in the anchoring portion (the free ends of sheet 502 that form the body having suture holes therethrough - Figs. 33A-B), wherein the one or more through holes are configured to accept a suture passing therethrough to attach the data logger anchoring device to tissue of a subject (the free ends of sheet 502 that form the body having suture holes therethrough - Figs. 33A-B).
Regarding claim 2, Martin et al. further disclose wherein the cavity is a cylindrical cavity extending through the body 502 (Figs. 33A-B), and wherein the cavity is configured to form a friction fit with the data logger (the ‘friction fit’ depends upon the size of the data logger relative to the cavity, since the data logger is not positively recited as part of the claimed invention, it is considered that the body 502 would be capable of forming a friction fit with a data logger that has a size causing a friction fit within the cavity).
Regarding claim 5, Martin et al. further disclose wherein the body 502 holds the data logger stationary relative to the body (the body 502 is capable of forming a ‘friction fit’ with a data logger held therein, based on a size of the data logger chosen to frictionally fit within the cavity of the body 502; such a friction fit is considered to be capable of holding a data logger stationary relative to the body 502; see 35 USC 112, 2nd paragraph above).
Regarding claim 6, Martin et al. further disclose wherein the cavity in an unstressed state has a diameter that is less than an external diameter of the data logger (this claim relies on a dimension of the unclaimed data logger - the body is considered to be capable of having a diameter that is less than an external diameter of a chosen data logger with an external diameter greater than the unstressed state of body 502; paragraph [0071] discusses the body 502’s capability of being stretched to a tensioned position and then removed from tension to a relaxed shape-recovery position).
Regarding claim 7, Martin et al. further disclose wherein the data logger anchoring device is formed of an elastic material which is elastically deformed to receive the data logger (paragraph [0071] discusses the body 502’s capability of being stretched to a tensioned position and then removed from tension to a relaxed shape-recovery position; see 35 USC 112, 2nd paragraph above).
Regarding claim 8, Martin et al. further disclose wherein the cavity of the data logger anchoring device 502 has a diameter greater than an external diameter of the data logger (this claim relies on a dimension of the unclaimed data logger - the body is considered to be capable of having a diameter greater than an external diameter of a chosen data logger).
Regarding claim 9, Martin et al. further disclose wherein the data logger anchoring device 502 is made from a thermoplastic material which is configured to be plastically deformed after receiving the data logger to reduce the diameter of the cavity (this is evidenced by the insertion of mandrel 505 shown in Fig. 33A and discussed in paragraph [0071] where the body 502 is disclosed as being tensioned to receive the mandrel, and thus, deformed).
Regarding claim 10, Martin et al. further disclose wherein the data logger anchoring device 502 is formed of a single piece of continuous material (Figs. 33A-B).
Regarding claim 11, Martin et al. further disclose wherein the body of the data logger anchoring device 502 is configured to extend along between 25% and 50% of a total length of the data logger (this is dependent on the length of the data logger inserted therethrough; the data logger is still not positively recited in this claim).
Regarding claim 16, Martin et al. further disclose wherein the data logger anchoring device 502 comprises no sharp edges and/or points (smooth cylindrical sheath 502 - Figs. 33A-B).
Regarding claim 17, Martin et al. disclose a data logger anchoring device 502 (Figs. 33A-B) comprising: a body 502 including a first end and a second end configured to join together when disposed around a data logger (NOTE: the ‘data logger’ is not positively recited as part of the claimed invention since it follows a ‘when disposed around’ statement which is a situational description/intended use for the body; data logger not positively recited here, however, Fig. 33A shows the body 502 disposed around a mandrel and the first and second ends joined together via suture); an anchoring portion (free ends of sheet 502 having suturing holes - Figs. 33A-B) attached to the body 502; and one or more through holes formed in the anchoring portion (free ends of sheet 502 having suturing holes - Figs. 33A-B), wherein the one or more through holes are configured to accept a suture passing therethrough to attach the data logger anchoring device to tissue of a subject.
Regarding claim 18, Martin et al. further disclose wherein the data logger anchoring device is formed of a single piece of continuous material (Figs. 33A-B, sheet 502).
Regarding claim 19, Martin et al. further disclose wherein the anchoring portion is disposed on at least one of the first end and the second end (free ends of sheet 502 having suturing holes - Figs. 33A-B).
Regarding claim 20, Martin et al. further disclose wherein the anchoring portion has a first section disposed on the first end, wherein the anchoring portion has a second section disposed on the second end, and wherein the first section and second section are configured to join together to form the anchoring portion (both free ends of sheet 502 having suturing holes - Figs. 33A-B).
Claims 1-8, 11-14, & 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kilcoyne et al. (US Pub. No. 2015/0297116 A1).
Regarding claim 1, Kilcoyne et al. disclose a data logger anchoring device 18 (Fig. 4) comprising: a body 120 (Fig. 4) including a cavity configured to receive a data logger disposed therein (NOTE: the ‘data logger’ is not positively recited as part of the claimed invention since it follows a ‘configured to receive’ statement with respect to the cavity; data logging elements 110, 112, 114, 116 are held within 120 - Fig. 4); an anchoring portion 122 (Fig. 4) attached to the body 120; and one or more through holes formed in the anchoring portion (‘122’ has one through hole - Fig. 4; paragraph [0079]), wherein the one or more through holes are configured to accept a suture passing therethrough to attach the data logger anchoring device to tissue of a subject (Fig. 4; paragraph [0079]).
Regarding claim 2, Kilcoyne et al. further disclose wherein the cavity is a cylindrical cavity extending through the body 120 (Fig. 4), and wherein the cavity is configured to form a friction fit with the data logger (reminder that ‘data logger’ is not positively recited as part of the claimed invention; the ‘friction fit’ depends upon the size of the data logger relative to the cavity, since the data logger is not positively recited as part of the claimed invention, it is considered that the body 502 would be capable of forming a friction fit with a data logger that has a size causing a friction fit within the cavity).
Regarding claim 3, Kilcoyne et al. further disclose the data logger (data logger elements 110, 112, 114, 116) disposed in the cavity (Fig. 4).
Regarding claim 4, Kilcoyne et al. further disclose wherein the anchoring portion 122 extends outwards from the body 120 (Fig. 4), and wherein the one or more through holes are a single through hole (Fig. 4).
Regarding claim 5, Kilcoyne et al. further disclose wherein the body 120 holds the data logger stationary relative to the body 120 (since the elements 110, 112,,114, 116 are surrounded by the body 120, they are considered to be stationary relative thereto; see 35 USC 112, 2nd paragraph above).
Regarding claim 6, Kilcoyne et al. further disclose wherein the cavity in an unstressed state has a diameter that is less than an external diameter of the data logger (this claim relies on a dimension of the unclaimed data logger - the body is considered to be capable of having a diameter that is less than an external diameter of a chosen data logger with an external diameter greater than the unstressed state of body 120; paragraph [0074] discusses materials that could be used to make the body 120, including some elastic materials - i.e. nylon - which is considered to be capable of being stretched to a tensioned position and then removed from tension to a relaxed shape-recovery position).
Regarding claim 7, Kilcoyne et al. further disclose wherein the data logger anchoring device 120 is formed of an elastic material which is elastically deformed to receive the data logger (paragraph [0074] discusses materials that could be used to make the body 120, including some elastic materials - i.e. nylon - which is considered to be capable of being stretched to a tensioned position and then removed from tension to a relaxed shape-recovery position; see 35 USC 112, 2nd paragraph above).
Regarding claim 8, Kilcoyne et al. further disclose wherein the cavity of the data logger anchoring device 120 has a diameter greater than an external diameter of the data logger (this claim relies on a dimension of the unclaimed data logger - the body 120 is considered to be capable of having a diameter greater than an external diameter of a chosen data logger; furthermore, the data logging elements 110, 112, 114, 116 all are inside of the diameter of the cavity showing their smaller external diameter than the cavity - Fig. 4)).
Regarding claim 11, Kilcoyne et al. further disclose wherein the body 120 of the data logger anchoring device is configured to extend along between 25% and 50% of a total length of the data logger (this claim depends on a dimension of the unclaimed data logger, NOTE: the data logger is still not positively recited as part of the claimed invention; body 120 extends the entire length of the data logger elements 110, 112, 114, 116, which meets the ‘configured to extend along between 25%-50% of a total length’ since 25%-50% lies in the 100% of the length).
Regarding claim 12, Kilcoyne et al. further disclose end portions attached to the body 120 (dome shaped ends - Fig. 4), wherein the end portions cover at least a portion of a top surface and a bottom surface of the data logger (Fig. 4 - see 35 USC 112, 2nd paragraph above).
Regarding claim 13, Kilcoyne et al. further disclose wherein the data logger is a cylinder (the data logger is still not positively recited as part of the claimed invention, therefore, the cavity just needs to be capable of the following function) having a side surface with a side surface area, wherein the body of the data logger anchoring device is configured to cover less than or equal to half of the side surface area (it is considered that covering the whole side surface area encompasses the range or less than or equal to half of the side surface area, since it is not claimed that it is configured to only cover this portion).
Regarding claim 14, Kilcoyne et al. further disclose wherein each of the end portions of the data logger anchoring device 120 comprise a dome-shaped cavity (Fig. 4) configured to receive a dome-shaped end surface of the data logger.
Regarding claim 16, Kilcoyne et al. further disclose wherein the data logger anchoring device 120 comprises no sharp edges and/or points (smooth pill-shaped capsule; Fig. 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ong et al. (US Pub. No. 2025/0127457 A1) disclose a data logger anchoring device (Figs. 7A-7C) comprising: a body 710 (Figs. 7A-7C) including a cavity configured to receive a data logger (strain gauge 706 - Figs. 7A-7C) disposed therein; an anchoring portion (one of the body portions 710 having ‘one or more apertures 704, 734 through which a suture can extend (or using other suture retention mechanisms such as recessed, eyelets, hooks, etc.’) - paragraph [0202]) attached to the body 710; and one or more through holes formed in the anchoring portion (one of the body portions 710 having ‘one or more apertures 704, 734 through which a suture can extend (or using other suture retention mechanisms such as recessed, eyelets, hooks, etc.’) - paragraph [0202]), wherein the one or more through holes are configured to accept a suture passing therethrough to attach the data logger anchoring device to tissue of a subject (one of the body portions 710 having ‘one or more apertures 704, 734 through which a suture can extend (or using other suture retention mechanisms such as recessed, eyelets, hooks, etc.’) - paragraph [0202]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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, Darwin Erezo can be reached at (571) 272-4695. 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.
ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 August 5, 2026
Prosecution Insights