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 .
Claims 1-9 are hereby under examination.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "530" and "531" have both been used to designate electrical contact point, and "530" and "531" have both been used to designate PCB board (Figs. 35-36). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 6-7 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 6 recites “the movable plate includes a penetrating hole, wherein the penetrating hole is configured to: pressurize the at least one electric contact point toward the PCB”. It is unclear how a hole, which is absence of materials, can apply pressure or pressurize the electric contact point. For the purpose of examination, it is interpretated as the movable plate applying the pressure and the penetrating hole releasing the pressurized state at the second location.
Claim 7 is rejected based on its dependency on claim 6.
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 1-2, 4-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20090076360A1 (Brister et. al), hereto referred as Brister.
As to claim 1, Brister teaches a body attachable device for continuous glucose measurement ([0004], “adhere the housing to the host's skin”), including:
a housing, wherein a bottom surface of the housing is to contact with a skin ([0150], “The mounting unit (also referred to as a housing) 14 includes a base (also referred to as a housing) 24”; Fig. 1);
a printed circuit board (PCB) disposed inside the housing (Fig. 1, electronics unit 16; [0152], “Electronics can be affixed to a printed circuit board (PCB)”);
a sensor coupled to the housing, wherein one end portion of the sensor outwardly protrudes from the bottom surface of the housing to be inserted into the body when the housing contacts the skin, and another end portion of the sensor is disposed inside the housing ([0151], “inserting the sensor 32 through the host's skin”; Fig. 11B, sensor 32 protrudes from the bottom surface; Fig. 7D, sensor 32 is in contact with contacts 28); and
at least one electric contact point elastically protruded from the PCB to the sensor and facing the other end portion of the sensor ([0470], “(e.g., electrical contacts on the flexible circuit board 450) "),
wherein the at least one electric contact point is configured to elastically move in response to a user manipulation ([0256], "The contacts can be constructed in a variety of known configurations, for example, metallic contacts, cantilevered fingers, pogo pins, or the like, which are configured to press against the sensor after needle retraction"), and
wherein the at least one electric contact point is direct contact with the other end portion of the sensor based on the elastic movement of the at least one electric contact point ([0470], “In some embodiments, the conductive contact layer includes one or more discrete electrical contacts configured to electrically connect one or more electrodes of the sensor to the sensor electronics (e.g., deposited thereon, provided individually as described elsewhere herein, or the like). In one exemplary embodiment wherein a cannula layer is provided, the system is configured such that the electrical contacts are held apart by the cannula layer, such that removal of the cannula layer activates the electrical connection of the sensor and electrical contacts.”)
As to claim 2, Brister teaches the at least one electric contact point is formed of a conductive material, and the at least one electric contact point is configured to be elastically transformable ([0256], "The contacts can be constructed in a variety of known configurations, for example, metallic contacts.)
As to claim 4, Brister teaches a movable plate disposed between the other end portion of the sensor and the at least one electric contact point, wherein the movable plate is configured to move in response to the user manipulation ([0468], “FIG. 22B, the sensor is configured to slide through an anti-stick material, also referred to as cannula or cannula layer 460”).
As to claim 5, Brister teaches the movable plate is configured to move between a first location and a second location, wherein the other end portion of the sensor and the at least one electric contact point are blocked by the movable plate when the movable plate is positioned at the first location, wherein the other end portion of the sensor and the at least one electric contact point are electrically contacted when the movable plate is positioned at the second location ([0470], “In one exemplary embodiment wherein a cannula layer is provided, the system is configured such that the electrical contacts are held apart by the cannula layer, such that removal of the cannula layer activates the electrical connection of the sensor and electrical contacts.”).
As to claim 8, Brister teaches the movable plate comprises a contact point connector made of conductive material, wherein the contact point connector is configured to electrically connect the at least one electric contact point and the other end portion of the sensor when the movable plate is at the second location ([0470], “In some embodiments, the conductive contact layer includes one or more discrete electrical contacts configured to electrically connect one or more electrodes of the sensor to the sensor electronics (e.g., deposited thereon, provided individually as described elsewhere herein, or the like). In one exemplary embodiment wherein a cannula layer is provided, the system is configured such that the electrical contacts are held apart by the cannula layer, such that removal of the cannula layer activates the electrical connection of the sensor and electrical contacts.”).
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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Brister as applied to claim 1 above, and further in view of US3506795A (Schmidt, Raymond F.), hereto referred as Schmidt.
Claim 1 is taught as above.
As to claim 3, Brister does not teach that a plurality of electrical contact points. Schmidt teaches relevant art of electrical connectors (Schmidt, title). Schmidt teaches the at least one electric contact point is a plurality of electric contact points, and at least one of the plurality of electric contact points has a protruding height higher than the others (Schmidt, col. 4, lines 32-33, “contact fingers 30 and 31 set at a different height”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Brister in view of Schmidt to include electric contact points has a protruding height higher than the others so that while remaining in electrical contact, the contact point can push upward, or otherwise provide varied slope to the PCB, as recognized by Schmidt.
Claims 6-7 and 9 is rejected under 35 U.S.C. 103 as being unpatentable over Brister as applied to claim 5 and 8 above, and further in view of US20160278672A1 (Cho et. al), hereto referred as Cho.
Claim 5 is taught as above.
As to claims 6-7, Although Brister teaches a movable plate (Fig. 22B), Brister does not teach a penetrating hole. Cho teaches a relevant art of biological diagnostic electronic device (Cho, abstract). Cho teaches that a movable plate includes a penetrating hole, wherein the penetrating hole is configured to: pressurize the at least one electric contact point toward the PCB when the movable plate is at the first location, and release the pressurized state of the at least one electric contact point when the movable plate is at the second location, and the movable plate is at the second location, the at least one electric contact point elastically moves, penetrates through the penetrating hole, and contacts the other end portion of the sensor (Cho, Figs. 36-37, [0175], “While the sensor unit 714 is inserted into the guide unit 711, as shown in FIG. 37, the first contact terminals 712 contact the second contact pads 716 to detect the insertion of the wearable electronic device into the sensor unit 714.”; [0120], “The contact terminals 135 transfer current from the circuit unit to the sensor unit 105 and include an elastic force”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Brister in view of Cho to include a movable plate includes a penetrating hole, wherein the penetrating hole is configured to: pressurize the at least one electric contact point toward the PCB when the movable plate is at the first location, and release the pressurized state of the at least one electric contact point when the movable plate is at the second location because doing so would allow for accurate positioning of the electric contact, the movable plate, and the PCB and allowing for more detailed control of how the circuitry is activated.
Claim 8 is taught as above.
As to claim 9, Brister does not teach the contact point connector is formed to pass through the movable plate. Cho teaches contact point connector is formed to pass through a movable plate (Cho; Figs. 39-40; [0177], “FIG. 39 illustrates contact terminals of a wearable electronic device prior to their insertion into contact holes according to an embodiment of the present disclosure. FIG. 40 illustrates some contact terminals of a wearable electronic device inserted into contact holes according to an embodiment of the present disclosure.”) It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Brister in view of Cho to include that contact point connector is formed to pass through a movable plate because doing so would allow for accurate positioning of the electric contact, the movable plate, and the PCB and allowing for more detailed control of how the circuitry is activated.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELINA S JANG whose telephone number is (571)272-7019. The examiner can normally be reached M-F 9:00 am - 6:00 pm.
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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.
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/ELINA SOHYUN JANG/Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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