www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`16/104,846
`
`08/17/2018
`
`Dagmar BEYERLEIN
`
`49195-721301
`
`7164
`
`WILSON, SONSINI, GOODRICH & ROSATI
`650 PAGE MILL ROAD
`PALO ALTO, CA 94304-1050
`
`DOUGHERTY, SEAN PATRICK
`
`ART UNIT
`
`3791
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/27/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`patentdoeket@ wsgroom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`16/104,846
`Examiner
`SEAN P DOUGHERTY
`
`Applicant(s)
`BEYERLEIN et al.
`Art Unit
`AIA Status
`3791
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1. 136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 02/01/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—20 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:J Some”
`
`c)C] None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) C] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190219
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 2
`
`DETAILED ACTION
`
`This Office action is responsive to the communications filed 02/01/2019.
`
`In light
`
`of the Applicant’s arguments filed 02/01/2019,
`
`the Requirement for Restriction/Election,
`
`as set forth in the documents filed 12/12/2018,
`
`is hereby withdrawn.
`
`Information Disclosure Statement
`
`The information disclosure statement(s) (IDS’) submitted on 10/25/2018 and
`
`02/13/2019 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the
`
`information disclosure statement(s) is/are being considered by the examiner.
`
`Claim Interpretation - 35 USC § 1 12
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`(f) Elementin Claim fora Combination. —An elementin a claim fora combination maybe
`expressed as a means orstep for perform ing a specified functio n withoutthe recital of
`structure, material, or acts in supportthereof, and such claim shall be construed to coverthe
`corresponding structure, material, or acts described in the specification and equivalents
`thereof.
`
`The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
`
`An element in a claim fora combination maybe expressed as a means orstep forperforming
`a specified function without the recital of structure, material, or acts in supportthereof, and
`such claim shall be construed to cover the corresponding structure, material, or acts
`described in the specification and equivalents thereof.
`
`Use of the word “means” (or “step for”) in a claim with functional language
`
`creates a rebuttable presumption that the claim element is to be treated in
`
`accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The
`
`presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 3
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`is rebutted when the function is recited with sufficient structure, material, or acts within
`
`the claim itself to entirely perform the recited function.
`
`Absence of the word “means” (or “step for”) in a claim creates a rebuttable
`
`presumption that the claim element is not to be treated in accordance with 35 U.S.C.
`
`112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f)
`
`(pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the
`
`claim element recites function but fails to recite sufficiently definite structure, material or
`
`acts to perform that function.
`
`Claim elements in this application that use the word “means” (or “step for”) are
`
`presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office
`
`action. Similarly, claim elements that do not use the word “means” (or “step for”) are
`
`presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office
`
`action.
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim language in light of the specification as it would
`
`be understood by one of ordinary skill in the art. The broadest reasonable interpretation
`
`of a claim element (also commonly referred to as a claim limitation) is limited by
`
`the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112,
`
`sixth paragraph,
`
`is invoked.
`
`As explained in MPEP §2181, subsection 1, claim limitations that meet the
`
`following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph:
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 4
`
`(A)
`
`the claim limitation uses the term “means” or “step” or a term used as a
`
`substitute for “means” that is a generic placeholder (also called a nonce term or a
`
`non-structural term having no specific structural meaning) for performing the
`
`claimed function;
`
`(B)
`
`the term “means” or “step” or the generic placeholder is modified by
`
`functional language,
`
`typically, but not always linked by the transition word “for”
`
`(e.g., “means for”) or another linking word or phrase, such as “configured to” or
`
`“so that”; and
`
`(C)
`
`the term “means” or “step” or the generic placeholder is not modified by
`
`sufficient structure, material, or acts for performing the claimed function.
`
`Use of the word “means” (or “step”) in a claim with functional language creates a
`
`rebuttable presumption that the claim limitation is to be treated in accordance with
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the
`
`claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112,
`
`sixth paragraph,
`
`is rebutted when the claim limitation recites sufficient structure,
`
`material, or acts to entirely perform the recited function.
`
`Absence of the word “means” (or “step”) in a claim creates a rebuttable
`
`presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112,
`
`sixth paragraph,
`
`is rebutted when the claim limitation recites function without
`
`reciting sufficient structure, material or acts to entirely perform the recited function.
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 5
`
`Claim limitations in this application that use the word “means” (or “step”) are
`
`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, except as otherwise indicated in an Office action. Conversely, claim
`
`limitations in this application that do not use the word “means” (or “step”) are not being
`
`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as
`
`otherwise indicated in an Office action.
`
`The claims as currently presented do not appear to invoke 35 U.S.C. 112(f) or
`
`pre-AIA 35 U.S.C. 112, sixth paragraph.
`
`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 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 aquotation 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 orothenNise available to the public before the effective filing date of the claimed
`invention.
`
`Claim(s) 1-6, 12-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by US 6506168 B1 to Fathallah et al. (hereinafter, Fathallah).
`
`Regarding claim 1, Fathallah discloses a device for collecting blood from a
`
`subject, the device comprising inter alia:
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 6
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`a housing (housing 12 comprising cover 12a) comprising a recess having an
`
`opening (opening 24);
`
`a vacuum chamber in the housing in fluidic communication with the recess,
`
`the vacuum chamber configured such that activation of vacuum from the vacuum
`
`chamber draws skin of the subject into the recess (vacuum pump, col. 9, ll. 7-32), and
`
`the recess serves as a suction cavity for drawing the skin, wherein a volume of
`
`the skin enclosed by the recess under vacuum ranges from about 0.4 cm3 to about 4.0
`
`cm3 (height of skin raised is a distance of 1 to 10 mm, col. 17, II. 38-40, see spheroid
`
`equation below) and a surface area of the skin in contact with the recess ranges from
`
`about 3.2 cm2 to about 7.2 cm2 (and the area of skin subjected to vacuum preferably
`
`ranges up to 50 cm2 and more preferably from about 0.1 to 5.0 cm2, col. 17, II. 38-40),
`
`the recess comprising a size or shape configured to enable an increased volume of the
`
`blood to be collected under increased capillary pressure differential,
`
`the increased
`
`volume of the blood being dependent on a volume and/or surface area of the skin that is
`
`drawn into the recess (col. 17, ll. 9-59); and
`
`one or more piercing elements that are extendable through the opening to
`
`penetrate the skin of the subject to enable collection of the blood while the skin is drawn
`
`into the recess (lancet 74, col. 13, ll. 42 to col. 14,
`
`ll. 8).
`
`The radius of the circle of Fathallah having the area of 0.1 to 50 cm2 is 0.18 to
`
`3.99 cm. As set forth in Fathallah, the skin may be raised a distance 0.1 to 1 cm. Using
`
`these values, the following spheroid formula may be used to determine the minimum
`
`and maximum volume of skin after skin is raised 0.1 to 1 cm assuming the circular area
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 7
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`is between 0.1 to 50 cm2with respective radiuses of 0.18 to 3.99 cm. Only half of the
`
`spheroid volume is calculated, since the skin assumes the shape of a hemispheroid.
`
`
`
`71
`.J
`
`3..i-fiii.5§2‘=fi§33589?93m
`
`Where c = 0.1 cm and a = 0.18 cm the minimum possible volume spheroid value
`
`is 0.014 cm3 and a total skin hemispheroid value of 0.007 cm3:
`
`xxxx“xxx“xxx“xxx““\uuxuuxuuuuv,
`
`xxxx“xxx“xxx“xxx““\uuxuuxuuuuv,
`
`
`
`xxxx“xxx“xxx“xxx““\uuxuuxuuuuv,
`
`Where c = 1 cm and a = 3.99 cm the maximum possible volume of the skin is
`
`66.69 cm3 and a total skin hemispheroid value of 33.35 cm3:
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 8
`
`
`
`The instant claim requires a volume of the skin enclosed by the recess under
`
`vacuum ranges from about 0.4 cm3 to about 4.0 cm3 and Fathallah, as demonstrated by
`
`the equations above provides a volume of the skin enclosed by the recess under
`
`vacuum ranges from 0.007 cm3 to 33.35 cm3.
`
`Regarding claim 2, Fathallah discloses a pressure of the vacuum in the vacuum
`
`chamber ranges from about -4 psig to about -15 psig (col. 17, II. 35-40).
`
`Regarding claim 3, Fathallah discloses wherein the device is configured to draw
`
`and collect the blood from the subject at an average flowrate of at least 30 u/min after
`
`penetration by the one or more piercing elements (the dimensions as set forth in Claim
`
`1 and the vacuum pressure as set forth in Claim 2 allow for an average flowrate of at
`
`least 30 u/m).
`
`Regarding claim 4, Fathallah discloses wherein the device is configured to draw
`
`and collect the blood at an average flowrate of at least 150 uL/min, and to maintain the
`
`average flowrate until at least 150-300 uL of the fluid sample has been collected (the
`
`dimensions as set forth in Claim 1 and the vacuum pressure as set forth in Claim 2
`
`allow for an average flowrate of at least 150 uL/min).
`
`Regarding claim 5, Fathallah discloses wherein upon activation of the vacuum
`
`from the vacuum chamber, (1) a pressure of the vacuum and (2) the recess comprising
`
`the size or shape are configured to permit the skin to substantially conform to the
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 9
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`recess, such that a surface of the recess is substantially in contact with the skin drawn
`
`into the recess (col. 9,
`
`ll. 7-32).
`
`Regarding claim 6, Fathallah discloses wherein a surface area of the recess is at
`
`least ten times greater than an area of the opening (Figs. 3A-C which show a tiny round
`
`opening and a much larger recess.
`
`Regarding claim 12, Fathallah discloses wherein the opening is at an apex of the
`
`spherical cap (Fig. 3A).
`
`Regarding claims 13-15, Fathallah discloses wherein the recess comprises one
`
`or more fillets configured to improve vacuum suction to the skin and reduce vacuum
`
`leak, wherein the one or more fillets extends continuously along a periphery of the
`
`recess, wherein the one or more fillets is in contact with the skin when the skin is drawn
`
`into the recess (boxed portion of Fig. 88, below).
`
`5
`
`x
`
`’*
`
`g.
`.0" Nb.-
`
`._\:
`w
`
`\\
`
`,
`
`Regarding claim 16, Fathallah discloses wherein the skin is drawn into the recess
`
`by the vacuum and completely fills the recess in less than 1 second (the device of
`
`Fathallah is capable of drawing skin into the recess because the device is capable of
`
`various pressures on various skins that are pliable and loose at the location of testing).
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 10
`
`Regarding claim 18, Fathallah discloses wherein the device is configured to
`
`collect the blood at a rate that is dependent on the size or shape of the recess and/or
`
`vacuum pressure (col. 17, ll. 9-20, the device of Fathallah is capable of collecting blood
`
`at a rate dependent on the size or shape because Fathallah sets forth that the size and
`
`shape of the recess influences that size and shape of the skin and respective blood).
`
`Regarding claim 19, Fathallah discloses wherein the device is capable of
`
`collecting at least 175 uL to 300 uL of blood from the subject in less than 3 minutes (the
`
`dimensions as set forth in Claim 1 and the vacuum pressure as set forth in Claim 2
`
`allow for collection of at least 175 uL to 300 uL of blood from the subject in less than 3
`
`minutes).
`
`Regarding claim 20, Fathallah discloses wherein the device is configured for use
`
`on an upper portion of the subject's arm in a position or orientation that enhances the
`
`collection of the blood with aid of gravity (the device of Fathallah is capable of use on an
`
`upper portion of the subject’s arm, because the device may be used anywhere on the
`
`skin of the body).
`
`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 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.
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 11
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`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.
`
`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 notbe obtained, notwithstanding that the claimed
`invention is not identicallydisclosed as set forth in section 102, if the differences between the
`claimed invention and the priorartare such that the claimed invention as awhole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinaryskill in the art to which the claimed invention pertains. Patentabilityshall notbe
`negated by the manner in which the invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied 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.
`
`Claims 7-11 are is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`US 6506168 B1 to Fathallah et al. (hereinafter, Fathallah).
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 12
`
`Fathallah discloses the claimed invention as set forth and cited above except for
`
`expressly disclosing wherein the surface area of the recess ranges from about 75 mm2
`
`to about 2900 mm2, and the area of the opening ranges from about 1.5 mm2 to about 30
`
`mm2, where an area of the skin directly under the opening is at least 1.5 times smaller
`
`than a total area of the skin drawn into the recess, wherein the area of the skin directly
`
`under the opening is at least 5 times smaller than the total area of the skin drawn into
`
`the recess, wherein the recess comprises a concave cavity comprising a volume
`
`ranging from about 1.0 cm.sup.3 to about 5.0 cm.sup.3 and wherein the recess is in the
`
`shape of a spherical cap comprising a base diameter ranging from about 10 mm to
`
`about 60 mm and a height ranging from about 3 mm to about 30 mm. However, as set
`
`forth in claims 1 and 2, Fathallah discloses a volume of the skin enclosed by the recess
`
`under vacuum ranges from about 0.4 cm3 to about 4.0 cm3 and a pressure of the
`
`vacuum in the vacuum chamber ranges from about -4 psig to about -15 psig. Given
`
`these skin volumes and vacuum pressures, one having an ordinary skill in the art at the
`
`time the invention was filed would have found it obvious to modify the device of
`
`Fathallah to have a surface area of the recess ranging from about 75 mm2 to about
`
`2900 mm2, an area of the opening ranging from about 1.5 mm2 to about 30 mm2,where
`
`an area of the skin directly under the opening is at least 1.5 times smaller than a total
`
`area of the skin drawn into the recess, wherein the area of the skin directly under the
`
`opening is at least 5 times smaller than the total area of the skin drawn into the recess,
`
`wherein the recess comprises a concave cavity comprising a volume ranging from
`
`about 1.0 cm.sup.3 to about 5.0 cm.sup.3 and wherein the recess is in the shape of a
`
`spherical cap comprising a base diameter ranging from about 10 mm to about 60 mm
`
`

`

`Application/Control Number: 16/104,846
`Art Unit: 3791
`
`Page 13
`
`and a height ranging from about 3 mm to about 30 mm, because these are any one of a
`
`plurality of dimensions that could be chosen for the purpose of achieving skin enclosed
`
`by the recess under vacuum ranges from about 0.4 cm3 to about 4.0 cm3 and a
`
`pressure of the vacuum in the vacuum chamber ranges from about -4 psig to about -15
`
`psig. Such change is dimensions, shape and size would have been a matter of design
`
`choice to achieve a particular result of a volume of skin in an encapsulated area
`
`maintained and a desired pressure.
`
`Claim 17 are is/are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`6506168 B1 to Fathallah etal. (hereinafter, Fathallah) in view of US 20120010529 A1 to
`
`Chickering,
`
`III et al. (hereinafter, Chickering).
`
`Fathallah discloses where the device is supported and held in place on the skin
`
`of the subject with the aid of the vacuum (vacuum pump, col. 9, ll. 7-32). Fathallah
`
`discloses the claimed invention as set forth and cited above except for expressly
`
`disclosing wherein the device is supported and held in place on the skin of the subject
`
`with aid of an adhesive. However, Chickering teaches at paragraph 0081 that an
`
`adhesive may be used to adhere a lancing device to the skin. One having an ordinary
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`skill in the art at the time the invention was filed would have found it obvious to modify
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`the device of Fathallah to include the adhesive of Chickering as Chickering teaches at
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`paragraph 0081 that the adhesive would have retained the device in a fixed position to
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`the skin.
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`

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`Application/Control Number: 16/104,846
`Art Unit: 3791
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`Page 14
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`Contact Information
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to SEAN PATRICK DOUGHERTY whose telephone
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`number is (571)270-5044. The examiner can normally be reached on 8am-5pm (Pacific
`Time).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Jacqueline Cheng can be reached on (571)272-5596. The fax phone
`number for the organization where this application or proceeding is assigned is 571-
`273-8300.
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`If you would like assistance from a
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`/SEAN P DOUGHERTY/
`
`Primary Examiner, Art Unit 3791
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`