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 Objections
Claim 1 is objected to because of the following informalities: the term “include” in lines 5 and 6 should be amended to read -includes-. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: the term “...which attaches the external device to a skin surface...” in line 3 should be amended to read -which is configured to attach the external to a skin surface-. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: the term “....and the through the skin surface...” in lines 3-4 should be amended to read -and through the skin surface-. Appropriate correction 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 1-3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Cong et al. (US 10,835,126), in view of McGuire, JR. et al. (US 2014/0155753; hereinafter McGuire).
Regarding claim 1, Cong discloses an implantable micro-spectrophotometer. Cong shows a system comprising: an external device (see 72 in fig. 2; col. 6, lines 43-45 states “External device 72 is provided with an electromagnetic energy source 74) including a controller (col. 6, lines 44-47 states “The external device 72 can include one or more light sources of various wavelengths, as well as circuitry for powering and communication”); an implantable device (see 40 in fig. 1, 60 in fig. 2, or 92 in fig. 3); wherein: one of the external device and the implantable device include a light source (see 74 in fig. 2; abstract; col. 6, lines 52-53 states “the energy source 74 can supply a range of wavelengths of light of known intensity”), and another of the external device and the implantable device include a photodetector (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30 states “the circuits on the microchip 40 can include a photo-detector array 48; col. 6, lines 52-58 states “the energy source 74 can supply a range of wavelengths of light of known intensity, and the microchips 66, 68, 70 can be tuned to measure only a single wavelength. In another illustrative system, the microchips 66, 68, 70 can be tuned to measure a range of wavelengths, and the energy source 74 supplies one or more wavelengths of known intensity, either together or in series”); the light source is configured to emit light through the skin surface (see abstract; fig. 4 shows light source 74’ is emitting light through skin surface 80); the photodetector is configured to output a signal indicative of an amount of the light received by the photodetector after passing through the skin surface (see abstract; fig. 4 shows that photodetector is configured to detect light passing through skin surface 80; abstract) and the controller is configured to determine, based on at least the signal, a condition of the skin surface (see abstract; col. 3, lines 19-54).
Cong fails to explicitly state an adhesive patch configured to attach the external device to a skin surface, the light source configured to emit light through the adhesive path, and the photodetector configured to detect light passing through the adhesive patch.
McGuire discloses a disposable light source for enhance visualization of subcutaneous structures. McGuire teaches an adhesive path configured to attach external device to a skin surface (see 12 in fig. 2, 3, 4A, 8 and 10; par. [0053]), and light being emitted though the adhesive path (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053]), and photodetector detecting light passing through the adhesive patch (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053], [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of an adhesive patch configured to attach the external device to a skin surface, the light source configured to emit light through the adhesive path, and the photodetector configured to detect light passing through the adhesive patch in the invention of Cong, as taught by McGuire, to be able securely attach the whole external device to the skin of the patient during monitoring and provide monitoring without signal loss. The examiner notes that upon modification of prior art Cong to incorporate the adhesive path of McGuire would prove the condition of the skin surface covered by the adhesive patch.
Regarding claim 2, Cong and McGuire disclose the invention substantially as described in the 103 rejection above, furthermore, Cong shows the light source is a first light source (see 72 in fig. 2); the light is first light (see 100 in fig. 4); the photodetector is a first photodetector (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30 ); the signal is a first signal (see abstract; col. 5, lines 29-30); the one of the external device and the implantable device further includes a second light source configured to emit second light thought the skin surface (see col. 6, lines 44-46); the other of the external device and the implantable device further includes a second photodetector configured to output a second signal indicative of an amount of the second light received by the second photodetector after passing through the skin surface (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30 ); and the controller is configured to determine, based on at least the first and second signals, the condition of the skin surface (see abstract; col. 3, lines 19-54), and McGuire teaches the adhesive path configured to attach external device to a skin surface (see 12 in fig. 2, 3, 4A, 8 and 10; par. [0053]), and light being emitted though the adhesive path (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053]), and photodetector detecting light passing through the adhesive patch (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053], [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of the adhesive patch configured to attach the external device to a skin surface, the light source configured to emit light through the adhesive path, and the photodetector configured to detect light passing through the adhesive patch in the invention of Cong, as taught by McGuire, to be able securely attach the whole external device to the skin of the patient during monitoring and provide monitoring without signal loss. The examiner notes that upon modification of prior art Cong to incorporate the adhesive path of McGuire would prove the condition of the skin surface covered by the adhesive patch.
Regarding claim 3, Cong and McGuire disclose the invention substantially as described in the 103 rejection above, furthermore, Cong shows wherein the implantable device includes the photodetector (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30) and is configured to convey the signal (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30), and the external device includes the light source and is configured to receive the conveyed signal (see abstract; 40 in fig. 1, 60 in fig. 2, or 92 in fig. 3; col. 3, lines 19-54; also see fig. 8).
Regarding claim 5, Cong discloses an implantable micro-spectrophotometer. Cong shows method comprising: using a light source of one of an external device and an implantable device to emit light (see 72 in fig. 2; col. 6, lines 43-45 states “External device 72 is provided with an electromagnetic energy source 74; see 74 in fig. 2; abstract; col. 6, lines 52-53 states “the energy source 74 can supply a range of wavelengths of light of known intensity”), and through the skin surface (fig. 4 shows that light source 74’ is configured to transmit light passing through skin surface 80; abstract); using a photodetector of another of the external device and the implantable device to output a signal indicative of an amount of the light received by the photodetector after passing through the skin surface (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30 states “the circuits on the microchip 40 can include a photo-detector array 48; col. 6, lines 52-58 states “the energy source 74 can supply a range of wavelengths of light of known intensity, and the microchips 66, 68, 70 can be tuned to measure only a single wavelength. In another illustrative system, the microchips 66, 68, 70 can be tuned to measure a range of wavelengths, and the energy source 74 supplies one or more wavelengths of known intensity, either together or in series”; fig. 4 shows that photodetector is configured to detect light passing through skin surface 80); and using a controller (col. 6, lines 44-47 states “The external device 72 can include one or more light sources of various wavelengths, as well as circuitry for powering and communication”) of the external device to determine (see fig. 3), based on the signal, a condition of the skin surface (see abstract; col. 3, lines 19-54).
Cong fails to explicitly state an adhesive patch configured to attach the external device to a skin surface, the light source configured to emit light through the adhesive path, and the photodetector configured to detect light passing through the adhesive patch.
McGuire discloses a disposable light source for enhance visualization of subcutaneous structures. McGuire teaches an adhesive path configured to attach external device to a skin surface (see 12 in fig. 2, 3, 4A, 8 and 10; par. [0053]), and light being emitted though the adhesive path (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053]), and photodetector detecting light passing through the adhesive patch (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053], [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of an adhesive patch configured to attach the external device to a skin surface, the light source configured to emit light through the adhesive path, and the photodetector configured to detect light passing through the adhesive patch in the invention of Cong, as taught by McGuire, to be able securely attach the whole external device to the skin of the patient during monitoring and provide monitoring without signal loss. The examiner notes that upon modification of prior art Cong to incorporate the adhesive path of McGuire would prove the condition of the skin surface covered by the adhesive patch.
Regarding claim 6, Cong and McGuire disclose the invention substantially as described in the 103 rejection above, furthermore, Cong shows the light source is a first light source (see 72 in fig. 2), the light is first light (see 100 in fig. 4), the photodetector is a first photodetector (see abstract; 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30), the signal is a first signal (see abstract; col. 5, lines 29-30), and the method further comprises: using a second light source of the one of the external device and the implantable device to emit light through the skin surface ((see col. 6, lines 44-46); and using a second photodetector of the other of the external device and the implantable device to output a second signal indicative of an amount of the second light received by the second photodetector after passing through the skin surface (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30); wherein the controller of the external device determines the condition of the skin surface covered by the adhesive patch based on at least the first and second signals (see abstract; col. 3, lines 19-54), and McGuire teaches the adhesive path configured to attach external device to a skin surface (see 12 in fig. 2, 3, 4A, 8 and 10; par. [0053]), and light being emitted though the adhesive path (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053]), and photodetector detecting light passing through the adhesive patch (see 12 in fig. 2,3, 4A, 8 and 10; par. [0053], [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of the adhesive patch configured to attach the external device to a skin surface, the light source configured to emit light through the adhesive path, and the photodetector configured to detect light passing through the adhesive patch in the invention of Cong, as taught by McGuire, to be able securely attach the whole external device to the skin of the patient during monitoring and provide monitoring without signal loss. The examiner notes that upon modification of prior art Cong to incorporate the adhesive path of McGuire would prove the condition of the skin surface covered by the adhesive patch.
Regarding claim 7, Cong and McGuire disclose the invention substantially as described in the 103 rejection above, furthermore, Cong shows wherein the implantable device includes the photodetector (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30) and the external device includes the light source (abstract; 40 in fig. 1, 60 in fig. 2, or 92 in fig. 3; col. 3, lines 19-54), and the method further comprises: using the implantable device to convey the signal (see abstract; see 48 in fig. 1; 66, 68, 70 in fig. 2; col. 5, lines 29-30; fig. 8); using the external device to receive the conveyed signal (see abstract; col. 3, lines 19-54; also see fig. 8).
Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Cong et al. (US 10,835,126), in view of McGuire, JR. et al. (US 2014/0155753; hereinafter McGuire) as applied to claims 1 and 5 above, and further in view of Brill (US 2017/0303838; hereinafter Brill).
Regarding claims 4 and 8, Cong and McGuire disclose the invention substantially as described in the 103 rejection above, but fails to explicitly state wherein the implantable device includes the light source, and the external device includes the photodetector.
Brill analyte sensing device. Brill teaches implantable device includes the light source (see fig. 1; par. [0313]), and the external device includes the photodetector (see fig. 1; par. [0316]). Therefore, it would have been obvious to one of ordinary skill in the art, to have utilized the teaching of implantable device includes the light source, and the external device includes the photodetector in the invention of Cong and McGuire, as taught by Brill, to be able to determine additional information about the patient such as glucose levels and analyte and provide low signal loss and measurement accuracy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHDEEP MOHAMMED whose telephone number is (571)270-3134. The examiner can normally be reached Monday to Friday, 9am to 5pm.
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/SHAHDEEP MOHAMMED/Primary Examiner, Art Unit 3797