DETAILED ACTION
The office action is in response to original application filed on 4-28-26. Claims 1-20 are pending in the application and have been examined.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted filed before the mailing of a first Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97(b) (3). Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 1-7, 9-10, 13-14 and 16-18 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by US 2009/0076360 to Brister et al. (“Brister”).
Regarding claim 1, Brister discloses a sensor assembly ([0321], the power source operatively connected to the sensor and/or electronics unit) for sensing a physiological characteristic, the sensor assembly comprising: a housing; a power source enclosed within the housing; and a power control switch electrically coupled to the power source ([0325], system is configured and arranged such that attachment of the electronics unit to the housing and/or release of the electronics unit from the housing switches the power source on and/or off respectively. In some embodiments, one or more switches are operatively connected to the power source (e.g., battery)), the power control switch configured to: inhibit delivery of power to one or more components of the sensor assembly (sensor (and associated adhesive layer) and (and associated housing)) when the sensor assembly is in a pre-deployment state ([0325], wherein a switch is configured to turn the power source off when the electronics unit is detached from the housing); and maintain the delivery of power to the one or more components of the sensor assembly (sensor (and associated adhesive layer) and (and associated housing)) when the sensor assembly is in a deployed state ([0325], wherein a switch is configured to turn the power source on when the electronics unit is attached to the housing).
Regarding claim 2, Brister discloses the power control switch is configured to maintain the delivery of power to the one or more components of the sensor assembly (sensor (and associated adhesive layer) and (and associated housing)) in response to receiving a power latch signal ([0325]- [0327]).
Regarding claim 3, Brister discloses a power latch ([0325]-[0327]) configured to latch an output of the power control switch to maintain the delivery of power to the one or more components of the sensor assembly (sensor (and associated adhesive layer) and (and associated housing)).
Regarding claim 4, Brister discloses a switch ([0325]) configured to, upon being turned on, cause the power latch to latch the output of the power control switch ([0031]).
Regarding claim 5, Brister discloses the switch is configured to,
upon being turned on, cause the power control switch to deliver power to the one or more components of the sensor assembly (sensor (and associated adhesive layer) and (and associated housing)).
Regarding claim 6, Brister discloses the housing includes a depressible region configured to be depressed to turn on the switch ([0327]).
Regarding claim 7, Brister discloses the depressible region is configured to be depressed by an introducer device ([0076], extending the needle and sensor from the mounting unit) during deployment of the sensor assembly.
Regarding claim 9, Brister discloses the power control switch is configured to, in response to receive a clear signal ([0024]), disable the delivery of power to the one or more components of the sensor assembly (sensor (and associated adhesive layer) and (and associated housing)).
Regarding claim 10, Brister discloses the power control switch includes a push-pull latched output ([0261], a single push-pull motion. Because of the mechanical latching system).
Regarding claim 13, Brister discloses a sensor extending out of the housing for insertion into subcutaneous tissue of a user when the sensor assembly is deployed to the user ([0342], When a sensor is first implanted into host tissue, the
sensor and receiver are initialized).
Regarding claim 14, Brister discloses the sensor includes a glucose sensor ([0330], the sensor system is configured to deliver analyte (e.g., glucose) information on demand).
Regarding claim 16, Brister discloses a device comprising a sensor assembly ([0321], the power source operatively connected to the sensor and/or electronics unit); and an introducer configured to deploy the sensor assembly, wherein the sensor assembly comprises: a housing; a power source enclosed within the housing ([0325], system is configured and arranged such that attachment of the electronics unit to the housing and/or release of the electronics unit from the housing switches the power source on and/or off respectively. In some embodiments, one or more switches are operatively connected to the power source (e.g., battery)); and a power control switch (the housing switches the power source on and/or off) electrically coupled to the power source, the power control switch configured to: inhibit delivery of power to one or more components of the sensor assembly (sensor (and associated adhesive layer) and (and associated housing)) when the sensor assembly is in a pre-deployment state ([0325], wherein a switch is configured to turn the power source off when the electronics unit is detached from the housing); and maintain the delivery of power to the one or more components of the sensor assembly when the sensor assembly is in a deployed state ([0325], wherein a switch is configured to turn the power source on when the electronics unit is attached to the housing).
Regarding claim 17, Brister discloses the sensor assembly further comprises a power latch ([0325]- [0327]) configured to latch an output of the power control switch to maintain the delivery of power to the one or more components of the sensor assembly ([0325]).
Regarding claim 18, Brister discloses the sensor assembly further comprises a switch ([0031]) configured to, upon being turned on, cause the power control switch to deliver power to the one or more components of the sensor assembly ([0325], one or more switches are operatively connected to the power source (e.g., battery), wherein a switch is configured to turn the power source on); and cause the power latch to latch the output of the power control switch ([0325]- [0327]).
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 11-12 and 15 are rejected under 35 U.S.C. 103 (a) as being unpatentable over US 2009/0076360 to Brister et al. (“Brister”) in view of 5,949,632 to Barreras, Sr. et al. (“Barreras”).
Regarding claim 11, Brister discloses all the claim limitation as set forth in the rejection of claims above.
But, Brister does not disclose a power converter coupled to the power control switch and configured to convert an output voltage of the power control switch to a different voltage for delivery to the one or more components of the sensor assembly.
However, Barreras discloses a power converter (fig. 3, DC-DC converter 34) coupled to the power control switch and configured to convert an output voltage of the power control switch to a different voltage for delivery to the one or more components of the sensor assembly (Col. 4, lines 32-40, When the output 24 of the comparator 14 is high, transistor 38 is switched on to connect output 28 of DC to DC converter 34 to the implantable medical device 20 and transistor 36 is switched off to disconnect the implantable medical device from the power source 12. When the output 24 of the comparator 14 is high, the enabling line 25 for the DC-to-DC Converter 34 will be low, activating the DC-to-DC Converter 34).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Brister by adding DC-DC voltage regulator as part of its configuration as taught by Barrera, in order to charge and discharging the Super-capacitor at a constant rate to supply appropriate voltage to the medical device.
Regarding claim 12, Brister discloses all the claim limitation as set forth in the rejection of claims above.
But, Brister does not disclose the power converter includes a step-down buck converter
However, Barrera discloses the power converter includes a step-down buck converter (Col. 4, lines 32-40, When the output 24 of the comparator 14 is high, transistor 38 is switched on to connect output 28 of DC-to-DC converter 34 to the implantable medical device 20 and transistor 36 is switched off to disconnect the implantable medical device from the power source 12. When the output 24 of the comparator 14 is high, the enabling line 25 for the DC-to-DC Converter 34 will be low, activating the DC-to-DC Converter 34).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Brister by adding DC-DC voltage regulator as part of its configuration as taught by Barrera, in order to charge and discharging the Super-capacitor at a constant rate to supply appropriate voltage to the medical device.
Regarding claim 15, Brister discloses the claimed invention except for “the power control switch consumes a maximum current of 20 nA when the sensor assembly is in the pre-deployment state”.
One of ordinary skill in the art prior to the effective filing date would recognize that the particular maximum current used would depend on the desired current of the particular system/components used.
Since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claims 8 and 19-20 are rejected under 35 U.S.C. 103 (a) as being unpatentable over US 2009/0076360 to Brister et al. (“Brister”) in view of US 11,042,224 to Stoeckli et al. (“Stoeckli”).
Regarding claim 8, Brister discloses all the claim limitation as set forth in the rejection of claims above.
But, Brister does not discloses the power control switch includes a built-in switch debounce circuit configured to mitigate bouncing of the switch.
However, Stoeckli discloses the power control switch includes a built-in switch debounce circuit (Col. 3, lines 46-53, input device can be a computer mouse where the depressible element is a button or any suitable input device with input elements that can be configured to incorporate the myriad hybrid switch implementations and other suitable input device including medical devices) configured to mitigate bouncing of the switch.
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Brister by adding switch debounce circuit as part of its configuration as taught by Stoeckli, in order to control contact bounce to charge and discharging the battery at a constant rate to supply appropriate voltage to the medical device.
Regarding claim 19, Brister discloses all the claim limitation as set forth in the rejection of claims above.
But, Brister does not discloses the housing includes a depressible region configured to be depressed to turn on the switch; and the introducer is configured to depress the depressible region during deployment of the sensor assembly.
However, Stoeckli disclose the housing includes a depressible region (Col. 3, lines 46-53, input device can be a computer mouse where the depressible element is a button or any suitable input device with input elements that can be configured to incorporate the myriad hybrid switch implementations described herein and other suitable input device including medical devices) configured to be depressed to turn on the switch; and the introducer is configured to depress the depressible region during deployment of the sensor assembly.
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Brister by adding switch debounce circuit as part of its configuration as taught by Stoeckli, in order to control contact bounce to charge and discharging the battery at a constant rate to supply appropriate voltage to the medical device.
Regarding claim 20, Brister discloses a push-pull latched output ([0261], a single push-pull motion. Because of the mechanical latching system); a circuit configured to, in response to receive a clear signal ([0353], output signal is sent to a receiver 158 and received by an input module 174), disable the delivery of power to the one or more components of the sensor assembly ([0325]- [0327]); or a combination thereof.
But, Brister does not discloses the power control switch includes: a built-in switch debounce circuit configured to mitigate bouncing of the switch;
However, Stoeckli disclose the power control switch includes: a built-in switch debounce circuit (Col. 3, lines 46-53, input device can be a computer mouse where the depressible element is a button or any suitable input device with input elements that can be configured to incorporate the myriad hybrid switch implementations described herein and other suitable input device including medical devices) configured to mitigate bouncing of the switch;
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify Brister by adding switch debounce circuit as part of its configuration as taught by Stoeckli, in order to control contact bounce to charge and discharging the battery at a constant rate to supply appropriate voltage to the medical device.
Response to argument
Applicant’s argument filed on 4-28-26 with respect to claims 1-20 has been fully considered but are moot in view of the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gelbart US 2009/0093890 A1- bone. The actuator is controlled from outside the body using a changing magnetic field or creating mechanical motion of the tissue. The changing field is used to create power inside the actuator and precisely control its operation without requiring a transdermal connection. The power generated inside actuator can also be used to transmit data to the outside.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESAYAS G YESHAW whose telephone number is (571)270-1959. The examiner can normally be reached Mon-Sat 9AM-7PM.
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/ESAYAS G YESHAW/Examiner, Art Unit 2836
/Menatoallah Youssef/SPE, Art Unit 2836
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