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 .
DETAILED ACTION
Status of Application
This Office Action is a response to Applicant’s communication (or preliminary’s amendment) filed on 11/11/2024. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/20/2024 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is considered by the examiner.
If applicant is aware of any prior art or any other co-pending application not already of record, he/she is reminded of his/her duty under 37 CFR 1.97 to disclose the same.
Drawings
The drawing submitted on 11/11/2024 is accepted as part of the formal application.
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.
Claim 3 is 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 pre-AIA the applicant regards as the invention.
Regarding claim 3,
The recitation “the conductive structure is positioned between the second portion of the housing and the human body during operation of the glucose monitoring device” in lines 1-3 is cofusing because the conductive structure can’t be positioned between the second portion of the housing and the human body during operation of the glucose monitoring device. Clarification is required.
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.
Claims 1-6, 8, 10-14 and 16-19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Ram Rakhyani et al (US 20210067188), hereinafter Ram Rakhyani.
Regarding claim 1,
Ram Rakhyani discloses a glucose monitoring device (a wearable device 700 that monitors glucose levels of a user, Fig 7; paragraph [0002]), comprising:
a housing having a first portion (an upper housing 705, Fig 7) and a second portion (a lower housing; paragraph [0053]);
a circuit board (a printed circuit board 110, Fig 1), the circuit board having a trace antenna (a trace antenna 115, Fig 1); and
a conductive structure (a vertical field enhancer 605, Fig 6) spaced apart from the circuit board (Fig 6).
Ram Rakhyani does not explicitly teach the second portion operable to be placed adjacent to a human body during operation of the glucose monitoring device, the circuit board positioned between the first portion and the second portion of the housing.
However, it’s well known in the art that a lower housing of a wearable device may be placed adjacent to a human body.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a second portion operable to be placed adjacent to a human body during operation of a glucose monitoring device, and a circuit board positioned between a first portion and the second portion of a housing in Ram Rakhyani, in order to optimize transmission and reception signals.
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Regarding claim 2,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 1.
Ram Rakhyani teaches the conductive structure is positioned between the second portion of the housing and the circuit board (Fig 7; paragraph [0053]).
Regarding claim 3,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 1.
Ram Rakhyani does not teach the conductive structure is positioned between the second portion of the housing and the human body during operation of the glucose monitoring device.
However, Ram Rakhyani teaches the conductive structure is positioned between the first portion of the housing and the human body during operation of the glucose monitoring device (Fig 2A).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a conductive structure being positioned between a first portion of a housing and a human body during operation of a glucose monitoring device in Ram Rakhyani as modified, in order to optimize transmission and reception signals.
Regarding claim 4,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 1.
Ram Rakhyani teaches the conductive structure is a stamped metal conductive structure (paragraph [0038]).
Regarding claim 5,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 1.
Ram Rakhyani does not explicitly teach the conductive structure is a laser direct structuring (LDS) conductive structure.
However, it’s well known in the art that a conductive structure may be a laser direct structuring (LDS) conductive structure.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a conductive structure being a laser direct structuring (LDS) conductive structure in Ram Rakhyani as modified, in order to optimize transmission and reception signals.
Regarding claim 6,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 1.
Ram Rakhyani teaches the circuit board further comprises ground plane (a ground plane 610, Fig 6) associated with the trace antenna.
Regarding claim 8,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 1.
Ram Rakhyani does not explicitly teach the conductive structure is spaced apart from the circuit board by a distance, the distance being in a range of about 1 millimeter (mm) to about 2.5 mm.
However, Ram Rakhyani teaches the distance between the vertical field enhancer and the trace antenna is 2.5 millimeters (paragraph 0004]). This teaching is result effect in order to generate vertically polarized field (vertically polarized field 640, Fig 6; paragraph [0052]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a conductive structure being spaced apart from a circuit board by a distance, the distance being in a range of about 1 millimeter (mm) to about 2.5 mm in Ram Rakhyani as modified, in order to optimize transmission and reception signals.
Regarding claim 10,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 1.
Ram Rakhyani teaches the glucose monitoring device is operable to communicate signals over a 2.4 GHz frequency band (paragraph [0004]).
Regarding claim 11,
Ram Rakhyani discloses an antenna assembly for a glucose monitoring device (an antenna structure ANT for a wearable device 100 that monitors glucose levels of a user, Fig 1; paragraph [0002]), comprising:
a circuit board (a printed circuit board 110, Fig 1);
a trace antenna (a trace antenna 115, Fig 1) associated with the circuit board; and
a conductive structure (a vertical field enhancer 605, Fig 6), wherein the conductive structure is spaced apart from the circuit board (Fig 6).
Ram Rakhyani does not explicitly teach the circuit board positioned between a first portion and a second portion of a housing, the second portion of the housing operable to be placed adjacent to a human body during operation of the glucose monitoring device, and the conductive structure positioned between the second portion of the housing and the circuit board.
However, Ram Rakhyani teaches a wearable device 700 comprises a first portion (an upper housing 705, Fig 7) and second portion of the housing (a lower housing; paragraph [0053]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a circuit board positioned between a first portion and a second portion of a housing, the second portion of the housing operable to be placed adjacent to a human body during operation of a glucose monitoring device, and a conductive structure positioned between the second portion of the housing and the circuit board in Ram Rakhyani, in order to optimize transmission and reception signals.
Regarding claim 12,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 11.
Ram Rakhyani teaches the conductive structure is a stamped metal conductive structure (paragraph [0038]).
Regarding claim 13,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 11.
Ram Rakhyani does not explicitly teach the conductive structure is a laser direct structuring (LDS) conductive structure.
However, it’s well known in the art that a conductive structure may be a laser direct structuring (LDS) conductive structure.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a conductive structure being a laser direct structuring (LDS) conductive structure in Ram Rakhyani as modified, in order to optimize transmission and reception signals.
Regarding claim 14,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 11.
Ram Rakhyani does not explicitly teach the conductive structure is spaced apart from the circuit board by a distance, the distance being in a range of about 1 millimeter (mm) to about 2.5 mm.
However, Ram Rakhyani teaches the distance between the vertical field enhancer and the trace antenna is 2.5 millimeters (paragraph 0004]). This teaching is result effect in order to generate vertically polarized field (vertically polarized field 640, Fig 6; paragraph [0052]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a conductive structure being spaced apart from a circuit board by a distance, the distance being in a range of about 1 millimeter (mm) to about 2.5 mm in Ram Rakhyani as modified, in order to optimize transmission and reception signals.
Regarding claim 16,
Ram Rakhyani discloses a glucose monitoring device (a wearable device 700 that monitors glucose levels of a user, Fig 7; paragraph [0002]), comprising:
a plastic housing having a first portion (an upper housing 705, Fig 7) and a second portion (a lower housing; paragraph [0053]);
a circuit board (a printed circuit board 110, Fig 1) having a trace antenna (a trace antenna 115, Fig 1); and
a laser direct structuring (LDS) conductive structure (a vertical field enhancer 605, Fig 6), wherein the LDS conductive structure is spaced apart from the circuit board (Fig 6).
Ram Rakhyani does not explicitly teach the upper housing 705 and the lower housing are a plastic housing, the second portion operable to be placed adjacent to a human body during operation of the glucose monitoring device, the circuit board positioned between the first portion and the second portion, the laser direct structuring (LDS) conductive structure formed on the second portion of the housing.
However, it’s well known in the art a housing of a glucose monitoring device may be plastic, a lower housing of a wearable device may be placed adjacent to a human body, and a conductive structure may be a laser direct structuring (LDS) conductive structure.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a plastic housing having a first portion and a second portion, the second portion operable to be placed adjacent to a human body during operation of the glucose monitoring device, a circuit board positioned between the first portion and the second portion, and a laser direct structuring (LDS) conductive structure formed on the second portion of the housing in Ram Rakhyani, in order to optimize transmission and reception signals.
Regarding claim 17,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 16.
Ram Rakhyani as modified teaches the LDS conductive structure is at least partially formed on a first surface of the second portion of the housing, the first surface facing the circuit board.
Regarding claim 18,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 16.
Ram Rakhyani as modified teaches the LDS conductive structure is at least partially formed on a second surface of the second portion of the housing, the first surface facing the circuit board.
Regarding claim 19,
Ram Rakhyani as modified discloses the claimed invention, as discussed in claim 16.
Ram Rakhyani does not explicitly teach the LDS conductive structure is spaced apart from the circuit board by a distance, the distance being in a range of about 1 millimeter (mm) to about 2.5 mm.
However, Ram Rakhyani teaches the distance between the vertical field enhancer and the trace antenna is 2.5 millimeters (paragraph 0004]). This teaching is result effect in order to generate vertically polarized field (vertically polarized field 640, Fig 6; paragraph [0052]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an LDS conductive structure being spaced apart from a circuit board by a distance, the distance being in a range of about 1 millimeter (mm) to about 2.5 mm in Ram Rakhyani as modified, in order to optimize transmission and reception signals.
Allowable Subject Matter
Claims 7, 9, 15 and 20 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.
Regarding claim 7, prior art of record or most closely prior art fails to disclose, “the conductive structure is not connected to the ground plane associated with the trace antenna”.
Regarding claim 9, prior art of record or most closely prior art fails to disclose, “the conductive structure has an opening to accommodate at least a portion of a sensor at least partially extending from the glucose monitoring device”.
Regarding claim 15, prior art of record or most closely prior art fails to disclose, “the conductive structure has an opening to accommodate at least a portion of a sensor at least partially extending from the glucose monitoring device”.
Regarding claim 20, prior art of record or most closely prior art fails to disclose, “the LDS conductive structure has an opening to accommodate at least a portion of a sensor at least partially extending from the glucose monitoring device”.
Conclusion
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Applicant, in preparing the response, should consider fully the entire reference aspotentially teaching all or part of the claimed invention, as well as the context of thepassage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Tran whose telephone number is (571)270-7650. The examiner can normally be reached on Monday-Friday 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dimary Lopez can be reached on (571) 270-7893. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAI V TRAN/Primary Examiner, Art Unit 2845
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