Office Action 2: Notice of Allowance (2025-05-09)

CLAIMS:
AMENDMENTS TO THE CLAIMS

SVG {EMBED HERE} 0.251.123CrrRAL FAX CENSVG {EMBED HERE} 0.170.14NT '1 Application No.: 1 8/8 06,604 \]JA24202 Filing Date: August 15, 2024

1-11. (Canceled)210

12\. (Previously Presented) An electronic device for long-tenn adhesion, the device comprising:
a housing;
a physiologic data collection circuit contained in the housing;
a skin-adhering section extending from the housing;
the skin-adhering section comprising an electrode positioned on a bottom surface of the skin-adhering section, the electrode electrically connected to the physiologic data collection.circuit;SVG {EMBED HERE} 0.070.05
the skin-adhering section comprising an adhesive layer positioned over the electrode and an adhesive strip positioned over and adhered to the adhesive layer, the adhesive strip extending outward beyond a boundary of the adhesive layer.

13\. (Previously Presented) The electronic device of claim 12, wherein the adhesive strip is configured to protect the adhesive layer.

14\. (Previously Presented) The electronic device of claim 12, further comprising a skin- adhering adhesive positioned on the underside of the skin-adhering section.

15\. (Previously Presented) The electronic device of claim 14, wherein the skin-adhering adhesive does not extend beneath the housing.

16\. (Previously Presented) The electronic device of claim 14, wherein the skin-adhering adhesive comprises a hydrocolloid adhesive.

17\. (Previously Presented) The electronic device of claim 14,wherein the skin-adhering adhesive extends at least partially below the housing.

18\. (Currently Amended) The electronic device of claim 12, wherein the physiologic data collection circuit is configured to collect cardiac rhythmn data fi-om \[\[the\]\] auser.

19\. (Previously Presented) The electronic device of claim 12, wherein the housing is rigid.

20\. (New) An electronic device for long-term adhesion, the device comprising:
a housing;
a physiologic data collection circuit contained in the housing;
a skin-adhering section extending from the housing;
SVG {EMBED HERE} 0.0830.293Application No.: 18/806,604 Filing Date: August 15, 2024 the skin-adhering section comprising an electrode positioned on a bottom surface of the skin-adhering section, the electrode electrically connected to the physiologic data collection circuit;
the skin-adhering section comprising an adhesive layer positioned over the electrode and an adhesive portion positioned over and adhered to the adhesive layer, the adhesive portion extending outward beyond a boundary of the adhesive layer.

21\. (New) The electronic device of claim 20, wherein the adhesive portion is configured to protect the adhesive layer.

22\. (New) The electronic device of claim 20, further comprising a skin-adhering adhesive positioned on the underside of the skin-adhering section.

23\. (New) The electronic device of claim 22, wherein the skin-adhering adhesive does not extend beneath the housing.

24\. (New) The electronic device of claim 22, wherein the skin-adhering adhesive comprises a hydrocolloid adhesive.

25\. (New) The electronic device of claim 22, wherein the skin-adhering adhesive extends at least partially below the housing.

26\. (New) The electronic device of claim 20, wherein the physiologic data collection circuit is configured to collect cardiac rhythm data from a user.

27\. (New) The electronic device of claim 20, wherein the housing is rigid.

OFFICE ACTION:
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Claims 12-27 are currently pending. Terminal Disclaimer The terminal disclaimer filed on 01/24/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 10,405,799 and 10,517,500 has been reviewed and is accepted. The terminal disclaimer has been recorded. Reasons for Allowance The following is an examiner’s statement of reasons for allowance: The closest prior art US Patent Application 2008/0214901 to Gehman discloses an electronic device (10, Figure 2) with a housing (12) that contains a physiologic data collection circuit ([0024]). A skin adhering section (the edges of the patch; Figure 2) extend from the housing. An electrode (14) is positioned on a bottom surface of the skin adhering section (Figure 2), and each electrode is connected to the circuit (via 13). The skin adhering section having an adhesive strip (20) over a top, and extending horizontally beyond the boundary of the skin adhering section. The electrode elements (14) can be conductive adhesives for adhering to skin ( [0031]). If the adhesive electrode elements (14) are the electrodes, then Gehman fails to further disclose a first adhesive layer on the bottom surface of the skin adhering section. If the adhesive electrode elements (14) are the first adhesive layer, then the electrode (13) is not on a bottom surface of the respective wing. There is insufficient teaching, suggestion, or motivation to replace the conductive adhesive electrode with a separate conductive electrode and adhesive (both on the bottom surface of the skin adhering section). Similar designs were known in the art. Libbus (US 2010/0056881) discloses a device with a center housing (160) a skin adhering section (Figs. 1H, 1G, etc.) with electrodes (112A) and a first adhesive (116A) on the bottom surface. An adhesive strip (164 on cover 162) extends over the top of the skin adhering section. However, the adhesive strip does not extend horizontally beyond a boundary of the adhesive layer (see Figs. 11-1J), and there is insufficient teaching, suggestion, or motivation to modify the adhesive strip. Gehman teaches that the top adhesive layer is useful for securing the device to the user, but the device of Libbus is already secured with the first adhesive. Oakley (US 2004/0077954), Durand (2009/0048556) and Axelgaard (US 6,038,464) also teach many of the recited features. The adhesive strip of Durand functions as an adhesion guard and protects the first adhesive while extending horizontally beyond the first adhesive. However, the adhesive strip is not positioned over the top of the skin adhering section, and there is insufficient teaching, suggestion, or motivation to move it from the bottom surface of the device. Similarly, the adhesive strip of Axelgaard also functions as an adhesive guard and is over the first adhesive. However, this adhesive strip does not extend horizontally outward beyond the boundary of the first adhesive. Moreover, there is insufficient motivation to modify the adhesive strip of Axelgaard to extend beyond the adhesive layer because such a modification would negate the advantages of the design (particularly controlling the strength of adhesion to the skin). Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion

APPLICANT REBUTTAL: D
(m ,Nr A L  Ax  C TE rTFI
Application No.:   18/806,604
JAN 24 202
Filing Date:
August 15, 2024'
REMARKS
supported by The originally filed claims, Thespecification, and the figures as filed. Accordingly, no new matter is being introduced by these amendments and die new claims. Entry of these amendments and The new claims is respectfully
requested.
In view of the tenninal disclaimer filed herewith, the foregoing amendments, the new claims, and the following remarks, Applicant respectfully submits that the application is in condition for
allowance.
Double Patentin
cg
Re
i
ect
z
ons
and
Term
m
r
al
Disclaimer
Clainis 2-6, 8-9, and 12-13 were rejected on the ground of nonstatutory obviousness-type double patenting as allegedly unpatentable over claims 1-5, 7-8, and 13 of U.S. Patent No.
10,517,500. Claims 12-16, 18-19 were rejected on the ground of nonstatutory obviousness-type double patenting as allegedly unpatentable over claims 1-3, 10, 14, and 19 of U.S. Patent No.
10,405,799. Claim 17 was rejected on the ground of nonstatutory obviousness-type double patenting as allegedly unpatentable over claim 1 of U.S. Patent No. 10,405,799 in view of Cross.
Applicant submits that the pending claims are patentably distinct from the claims of the cited patents; however, to expedite prosecution.. and without acquiescing to the rejections, Applicant is filing a terminal disclaimer herewith. For at least these reasons, Applicants respectfully requests
that the present rejections be withdrawn.
Applicant notes that "[t]he filing of a terminal disclaimer to obviate a rejection based on nonstatutory double patenting is not an admission of the propriety of the rejection. Quad Envi- ronmental Technologies Corp. v. Union Sanitary District, 946 F.2d 870, 20 USPQ2d 1392 (Fed.
function of removing the rejection of double patenting, and raises neither a presumption nor
estoppel on the merits of the rejection."' (MPEP 804.02).
Application No.: 18/806,604
Filing Date:
August 15, 2024
Rei
ections under 3
USC 112
Claims 10 and 18 were rejected under 35 U.S.C. § 112(b) as allegedly failing to particularly point out and distinctly claim the subject matter which Applicant regards as the invention. Applicant canceled Claim 10 and made a clarifying amendment to Claim 18. Thus, Applicant respectfully requests that the indefiniteness rejections of Claims 10 and 18 under
35 U.S.C. § 112(b) be withdrawn.
Repect
ions under 35
.
USC
$
102 and 35 USC
$
Claims 2-5 and 10-11 were rejected under 35 U.S.C. § 102 as being anticipated by Nissila 2002/0082491 (hereinafter Nissila). Claims 2 and 8-9 were rejected under 35 U.S.C. § 102 as being anticipated by Oakley et al. US Publication 2004/0077954 (hereinafter Oakley). Applicant
canceled Claims 2-11 and therefore respectfully asserts that the rejections are now moot.
N
ew Claims
A
re Patentable
Applicant added new claims to further clarify the distinctions between the present application and the cited references. Applicant respectfully submits that the cited references, considered either alone or in combination, do not disclose, suggest, or render obvious all the features of the new claims. For at least these reasons, Applicant respectfully submits that the new
claims are patentable over the cited references.
No Disclaimers o
r
Disavow
als
prosecution of this application. Applicant reserves the rightto pursue at a later date
sly pending or other broader or narrower claims that capture any subject matter supported by the present disclosure, including subject matter found to be specifically disclaimed herein or by any prior prosecution. Accordingly, reviewers of this or any parent, child or related prosecution history shall not reasonably infer that Applicant has made any
disclaimers or disavowals of any subject matter supported by the present application.
Application No.: 18/806,604
Filing Date:
August 15, 2024
Please charge any additional fees, including any fees for additional extension of time, or credit overpayment to Deposit Account No. 11-1410.
Respectfully submitted, KNOBBE, MARTENS, OLSON & BEAR, LLP


CITED REFERENCE SUMMARIES: Ref US4623206: Claims:
A battery retainer comprising contact section means adapted to contact a button shaped battery, having oppositely facing sides and a circular circumference region joining said sides, at a plurality of points along said circumference region of said battery, at least three of said points forming a triangle, and said contact section means includes compressive pressure means which in conjunction with base support means of said battery retainer is adapted to apply hold-down pressure on a first side of said battery and to secure said battery to an electrical circuit means with the second side of said battery being pressed against said circuit means, said base support means being adapted to space apart said contact section means to enable said battery retainer to be secured to an electrical circuit means.
contact section means adapted to contact a button shaped battery, having oppositely facing sides and a circular circumference region joining said sides, at a plurality of points along said circumference region of said battery, at least three of said points forming a triangle, and
said contact section means includes compressive pressure means which in conjunction with base support means of said battery retainer is adapted to apply hold-down pressure on a first side of said battery and to secure said battery to an electrical circuit means with the second side of said battery being pressed against said circuit means, said base support means being adapted to space apart said contact section means to enable said battery retainer to be secured to an electrical circuit means.
A battery retainer as in claim 1 wherein said battery retainer is a length of wire made of a tempered metal alloy.
said battery retainer is a length of wire made of a tempered metal alloy.
A battery retainer as in claim 1 wherein said electrical circuit means is a printed circuit card.
said electrical circuit means is a printed circuit card.
A battery retainer comprising a pair of support legs adapted to contact a button shaped battery, having oppositely facing sides and a circular circumference region joining said sides, at plural points along said circumference region of said battery, said support legs having based means adapted to space apart said support legs and enable said retainer to be secured to an electrical circuit means, flange means adapted to contact the button battery at another point along the circumference region of the battery, said another point forming a triangle with said points of said support leg means, and compressive pressure arm means connected between said support leg means and said flange means and adapted to apply hold-down pressure on a first side of said battery for holding a second side of said battery to said electrical circuit means by being pressed against said circuit means.
a pair of support legs adapted to contact a button shaped battery, having oppositely facing sides and a circular circumference region joining said sides, at plural points along said circumference region of said battery, said support legs having based means adapted to space apart said support legs and enable said retainer to be secured to an electrical circuit means,
flange means adapted to contact the button battery at another point along the circumference region of the battery, said another point forming a triangle with said points of said support leg means, and
compressive pressure arm means connected between said support leg means and said flange means and adapted to apply hold-down pressure on a first side of said battery for holding a second side of said battery to said electrical circuit means by being pressed against said circuit means.
A length of wire formed in the shape of a button shaped battery retainer comprising a first bend that forms said wire in substantially a "V" shape, a second and third bend each of approximately 82 degrees that form the lower portion of said "V" shape into two flange sections that are joined at the apex of said "V" shape and said second and third bends also form two upward arms wherein the intersection of the plane of said two upward arms with the plane of said two flange sections forms an acute angle with respect to the apex of the "V" shape, a fourth and fifth bend each of approximately 156 degrees that form two downward arms wherein the intersection of the plane of said two upward arms with the plane of said two downward arms forms an obtuse angle of approximately 156 degrees and wherein said fourth and fifth bends form a second and third apex at the junctions of said two upward arms and said two downward arms, a sixth and seventh bend each of approximately 82 degrees forming two support legs wherein the plane of said two support legs is substantially parallel to the plane of said two flange sections, an eighth and ninth bend each of approximately 90 degrees forming two base sections wherein the plane of said two base sections is substantially perpendicular to the plane of said two support legs, and a tenth and eleventh bend each of approxim:ately 90 degrees that form two leads wherein the plane of said two leads is substantially perpendicular to the plane of said two base sections.
a first bend that forms said wire in substantially a "V" shape,
a second and third bend each of approximately 82 degrees that form the lower portion of said "V" shape into two flange sections that are joined at the apex of said "V" shape and said second and third bends also form two upward arms wherein the intersection of the plane of said two upward arms with the plane of said two flange sections forms an acute angle with respect to the apex of the "V" shape,
a fourth and fifth bend each of approximately 156 degrees that form two downward arms wherein the intersection of the plane of said two upward arms with the plane of said two downward arms forms an obtuse angle of approximately 156 degrees and wherein said fourth and fifth bends form a second and third apex at the junctions of said two upward arms and said two downward arms,
a sixth and seventh bend each of approximately 82 degrees forming two support legs wherein the plane of said two support legs is substantially parallel to the plane of said two flange sections,
an eighth and ninth bend each of approximately 90 degrees forming two base sections wherein the plane of said two base sections is substantially perpendicular to the plane of said two support legs, and
a tenth and eleventh bend each of approxim:ately 90 degrees that form two leads wherein the plane of said two leads is substantially perpendicular to the plane of said two base sections.
A battery retainer comprising a length of metal wire formed in a shape adapted to contact a first side of a button battery, having oppositely facing sides and a circular circumference region joining said sides, at plural points forming a triangle on the circumference region of said battery and adapted to contact and interconnect the battery to an electrical circuit means at and below a point in the palne of a second side of said battery.
a length of metal wire formed in a shape adapted to contact a first side of a button battery, having oppositely facing sides and a circular circumference region joining said sides, at plural points forming a triangle on the circumference region of said battery and adapted to contact and interconnect the battery to an electrical circuit means at and below a point in the palne of a second side of said battery.
A battery retainer as in claim 6 wherein said length of metal wire is adapted to apply hold-down pressure on said first side of said battery causing a second side of said battery to be pressed against said circuit means.
said length of metal wire is adapted to apply hold-down pressure on said first side of said battery causing a second side of said battery to be pressed against said circuit means.
A battery retainer for a button shaped battery having a first side and an oppositely facing second side and a circular circumference region joining said sides comprising a single length of metal wire formed in a shape adapted to apply substantially symmetrical hold-down pressure on said first side of said button battery by contacting said first side of said button battery and adapted to supply lateral support by contacting plural points forming a triangle on the circumference region of said button battery, and said wire being adapted to contact and interconnect the battery to an electrical circuit means at and below a point in the plane of the second side of said button battery.
a single length of metal wire formed in a shape adapted to apply substantially symmetrical hold-down pressure on said first side of said button battery by contacting said first side of said button battery and adapted to supply lateral support by contacting plural points forming a triangle on the circumference region of said button battery, and said wire being adapted to contact and interconnect the battery to an electrical circuit means at and below a point in the plane of the second side of said button battery.
Ref US12133731: Claims:
An electronic device for monitoring physiological signals, the device comprising: a housing enclosing a hardware processor; a wing extending from the housing and configured to conform to a surface of the user, the wing having a bottom surface, a top surface, and a thickness between the bottom surface and the top surface; an electrode coupled to the wing, the electrode in electrical communication with the hardware processor; an adhesive layer coupled to the bottom surface of the wing, the adhesive layer configured to adhere the wing to a user; and a non-adhesive liner or coating positioned on a peripheral edge of the adhesive layer, the liner or coating configured to prevent the peripheral edge from adhering to the bottom surface of the wing.
a housing enclosing a hardware processor;
a wing extending from the housing and configured to conform to a surface of the user, the wing having a bottom surface, a top surface, and a thickness between the bottom surface and the top surface;
an electrode coupled to the wing, the electrode in electrical communication with the hardware processor;
an adhesive layer coupled to the bottom surface of the wing, the adhesive layer configured to adhere the wing to a user; and
a non-adhesive liner or coating positioned on a peripheral edge of the adhesive layer, the liner or coating configured to prevent the peripheral edge from adhering to the bottom surface of the wing.
The electronic device of claim 1 , wherein the adhesive layer comprises a hydrocolloid.
The electronic device of claim 1 , wherein the wing is configured to allow moisture to transpire through the thickness of the wing from the bottom surface to the top surface.
The electronic device of claim 1 , wherein the wing and/or the adhesive layer comprises a second material different from a first material forming an adhesive matrix, the second material comprising a matrix of fiber configured to wick moisture from the surface of the user.
The electronic device of claim 4 , wherein the second material is disposed as a layer above the adhesive layer.
The electronic device of claim 4 , wherein the second material comprises wool, nylon, polyethylene terephthalate (PET), polytetrafluoroethylene (PTFE), expanded PTFE (ePTFE), or thermoplastic elastomers (TPE).
The electronic device of claim 1 , wherein the wing extends laterally beyond the peripheral edge of the adhesive layer to form a border surrounding at least a portion of the periphery of the adhesive layer.
The electronic device of claim 7 , wherein the border extends at least about 9 mm laterally from the peripheral edge of the adhesive layer.
The electronic device of claim 1 , wherein the non-adhesive liner or coating comprises a silicone.
The electronic device of claim 1 , wherein the adhesive layer is a replaceable adhesive layer, and a peripheral edge of the adhesive layer extends entirely to the peripheral edge of the wing at ends of the wing positioned opposite to the housing.
The electronic device of claim 10 , wherein a pull string is positioned between the replaceable adhesive layer and the wing and/or embedded within the adhesive layer, a tail end of the pull string extending beyond the peripheral edge of the wing, wherein the pull string extends a length over a surface area of the adhesive layer, and wherein pulling on the tail end of the pull string is configured to cut through the adhesive layer and/or lift the adhesive layer apart from the wing along the length the pull string extends to facilitate removal of at least a portion of the adhesive layer from the electronic device.
The electronic device of claim 11 , wherein the pull string extends a length near a peripheral edge of the adhesive layer, the pull string configured to help facilitate removal of at least a border portion of the adhesive layer.
The electronic device of claim 10 , further comprising a tool configured to be inserted between the replaceable adhesive layer and the wing to help remove the replaceable adhesive layer from the electronic device.
An electronic device for monitoring physiological signals, the device comprising: a housing enclosing a hardware processor; a first wing and a second wing, each wing extending from the housing and configured to conform to a surface of a user, each wing having a bottom surface, a top surface, and a thickness between the bottom surface and the top surface; an electrode coupled to the first wing, the electrode in electrical communication with the hardware processor and configured to be positioned in conformal contact with the surface of the user; an adhesive layer coupled to the bottom surface of the first wing, the adhesive layer configured to adhere the wearable device to the user; and a support layer coupled to the top surface of the first wing and the top surface of the second wing, the support layer having an upper surface, a lower surface interfacing with the top surface of the wings, and a thickness between the upper surface and the lower surface, wherein the support layer comprises a first portion positioned on the top surface of the first wing and a second portion positioned on the top surface of the second wing, the first portion and second portion of the support layer removably coupled to each other and removable from the wings.
a first wing and a second wing, each wing extending from the housing and configured to conform to a surface of a user, each wing having a bottom surface, a top surface, and a thickness between the bottom surface and the top surface;
an electrode coupled to the first wing, the electrode in electrical communication with the hardware processor and configured to be positioned in conformal contact with the surface of the user;
an adhesive layer coupled to the bottom surface of the first wing, the adhesive layer configured to adhere the wearable device to the user; and
a support layer coupled to the top surface of the first wing and the top surface of the second wing, the support layer having an upper surface, a lower surface interfacing with the top surface of the wings, and a thickness between the upper surface and the lower surface,
wherein the support layer comprises a first portion positioned on the top surface of the first wing and a second portion positioned on the top surface of the second wing, the first portion and second portion of the support layer removably coupled to each other and removable from the wings.
The electronic device of claim 14 , wherein the first wing is positioned substantially opposite the second wing relative to the housing along a longitudinal axis.
The electronic device of claim 14 , wherein the first portion and the second portion of the support layer are removably coupled to each other by one or more perforations in the support layer.
The electronic device of claim 14 , wherein the first portion and second portion of the support layer are removably coupled to each other along an axis that intersects the housing.
The electronic device of claim 14 , wherein the support layer comprises an aperture, the aperture being configured to surround the housing, wherein the first portion and the second portion of the support layer are positioned to form the aperture in the support layer.
The electronic device of claim 14 , wherein the support layer is more rigid than the wings.
Ref US12133734: Claims:
An electronic device for long-term adhesion to a user, the device comprising: a housing comprising a physiologic data collection circuit, the housing positioned over a flexible layer extending from the housing, the flexible layer comprising an electrode positioned on the bottom of the flexible layer at a position distal from the housing, wherein the flexible layer comprises a polymer upper layer overlying an electrical connection, the electrical connection extending from the physiologic data collection circuit to the electrode, the polymer upper layer adhered to a polymer lower layer underlying the electrical connection; a lower adhesive layer positioned on the flexible layer and configured to adhere the electronic device to a user, the lower adhesive layer extending at least partially below the housing; and wherein the housing is configured to tilt at an angle relative to the lower adhesive layer in response to movement of the user.
a housing comprising a physiologic data collection circuit, the housing positioned over a flexible layer extending from the housing, the flexible layer comprising an electrode positioned on the bottom of the flexible layer at a position distal from the housing, wherein the flexible layer comprises a polymer upper layer overlying an electrical connection, the electrical connection extending from the physiologic data collection circuit to the electrode, the polymer upper layer adhered to a polymer lower layer underlying the electrical connection;
a lower adhesive layer positioned on the flexible layer and configured to adhere the electronic device to a user, the lower adhesive layer extending at least partially below the housing; and
wherein the housing is configured to tilt at an angle relative to the lower adhesive layer in response to movement of the user.
The electronic device of claim 1 , further comprising a flap extending beneath the housing.
The electronic device of claim 1 , wherein the housing is rigid.
The electronic device of claim 1 , wherein the housing is configured to remain connected to the flexible layer when the housing is tilted at an angle relative the lower adhesive layer in response to movement of the user.
The electronic device of claim 1 , further comprising a hinge portion adjacent the housing.
The electronic device of claim 1 , wherein the lower adhesive layer comprises a hydrocolloid adhesive.
The electronic device of claim 1 , further comprising a synthetic material layer positioned above the lower adhesive layer.
The electronic device of claim 1 , wherein the physiologic data collection circuit is configured to collect cardiac rhythm data from the user.
The electronic device of claim 1 , wherein the polymer upper layer extends horizontally away from the housing beyond a boundary of the electrode.
The electronic device of claim 9 , further comprising an upper adhesive layer positioned over the polymer upper layer.
The electronic device of claim 10 , wherein the upper adhesive layer is positioned above the electrode.
The electronic device of claim 11 , wherein the upper adhesive layer extends horizontally away from the housing beyond a boundary of the polymer upper layer.
Ref US20070299325: Claims:
A physiological status monitoring system comprising: a shirt; a stretchable circumferential band attached to the shirt, the stretchable band including: a respiration detector subsystem integral with the band, and signal transmission conductors also integral with the band and in a flexible configuration; one or more senso
[Truncated to input limit]