`Serial No.:
`Filed:
`Page 3 of 5
`
`Shoji Miyazaki, et al.
`13/609,305
`September 11, 2012
`
`REMARKS
`
`Claims 34-35 and 37-42 were pending in the subject application.
`
`By this
`
`Amendment, Claims 35 and 37-42 have been canceled without prejudice or disclaimer,
`
`and Claim 34 has been amended. Support for the amendment can be found in at least
`
`paragraph [00129] of the specification. Applicants maintain that the amendments to the
`
`claims do not raise an issue of new matter. The amendments place the application in
`
`condition for allowance or in better form for appeal. Entry of the amendments is
`
`respectfully requested.
`
`Rejections under 35 U.S.C. §1031a2
`
`Claims 34-35 are rejected as being unpatentable over White et al. (US 5,405,511).
`
`Claim 37-40 were rejected as being unpatentable over White et al.
`
`in view of
`
`Demmin et al. (US 5,554,273).
`
`Claims 41 and 42 were rejected as being unpatentable over White et al. in view of
`
`Demmin et al., and further in view of Wong et al. (US 6,123,827).
`
`The rejection of Claims 35 and 37-42 is rendered moot by the cancelation of those
`
`claims.
`
`Amended Claim 34 has features of
`
`“measuring the temperature at given intervals before the biosensor is inserted to
`
`the measuring device; and
`
`canceling a process of measuring the quantity of the substrate based on a
`
`magnitude of a change of the temperatures measured at the given intervals before the
`
`biosensor is inserted to the measuring device.”
`
`Applicants maintain that these features are not disclosed in any of the cited
`
`references.
`
`As
`
`the Examiner stated,
`
`the White reference “fails to teach measuring the
`
`563171.1
`
`
`
`Applicants:
`Serial No.:
`Filed:
`Page 4 of 5
`
`Shoji Miyazaki, et al.
`13/609,305
`September 11, 2012
`
`
`temperature at given intervals before the biosensor is inserted into the measuring device”
`
`(page 3 of Office Action, emphasis added). Further, the Examiner also stated that “[i]t
`
`would have been obvious to one of ordinary skill in the art at the time of the invention
`
`was made to modify the method of White to insert the biosensor after the meter has taken
`
`several readings in the off position because doing so would cause less waiting and
`
`inconvenience to the user” (pages 3-4 of OA, emphasis added).
`
`On the contrary, Claim 34 has been amended to require the features of “canceling
`
`a process of measuring the quantity of the substrate based on a magnitude of a change of
`
`the temperatures measured at the given intervals before the biosensor is inserted to the
`
`measuring device” (emphasis added).
`
`Applicants maintain that the feature of canceling the process based on a magnitude
`
`of a change of the temperatures before the biosensor is inserted to the device is not
`
`disclosed or suggested in the White reference.
`
`Accordingly, reconsideration and withdrawal of this rejection are respectfully
`
`requested.
`
`Request for Consideration under the After Final Consideration Pilot Program
`
`Applicants
`
`request consideration under
`
`the After Final Consideration Pilot
`
`Program. Form PTO/SB/434 is attached hereto.
`
`Status of Patent Family Members
`
`Applicants would like to advise the Examiner of the status of US. patent family
`
`members:
`
`1) US. Patent No. 7,232,510, issued June 19, 2007,
`
`2) US. Patent No. 7,850,839, issued December 14, 2010,
`
`3) US. Patent No. 8,097,147, issued January 17, 2012,
`
`563171.1
`
`
`
`Applicants:
`Serial No.:
`Filed:
`Page 5 of 5
`
`Shoji Miyazaki, et al.
`13/609,305
`September 11, 2012
`
`4) US. Patent No. 8,101,063, issued January 24, 2012,
`
`5) US. Patent No. 8,298,400, issued October 30, 2012,
`
`6) US. Patent Application No. 11/378,682, filed March 17, 2006, pending,
`
`7) US. Patent Application No. 11/800,273, filed May 3, 2007, abandoned,
`
`8) US. Patent Application No. 12/802,608, filed June 10, 2010, now allowed,
`
`9) US. Patent Application No. 13/317,662, filed October 25, 2011, pending.
`
`W
`
`In view of the amendments and remarks made herein,
`
`reconsideration and
`
`withdrawal of the rejections set forth in the September 25, 2013 Final Office Action are
`
`respectfully requested.
`
`If there is any minor matter preventing the allowance of the
`
`subject application, the Examiner is requested to telephone the undersigned attorney.
`
`No fee is deemed necessary in connection with the filing of this reply. However, if
`
`any fee is required with this reply or to preserve the pendency of the subject application,
`
`authorization is hereby given to charge the amount of any such fee to Deposit Account
`
`No. 01-1785. Please credit any overpayment to Deposit Account No. 01-1785.
`
`Respectfully submitted,
`
`AMSTER, ROTHSTEIN & EBENSTEIN LLP
`
`Attorneys for Applicants
`90 Park Avenue
`
`New York, New York 10016
`
`(212) 336—8000
`
`Dated: December 19, 2013
`New York, New York
`
`By [Alan D. Miller/
`Alan D. Miller, Reg. No. 42,889
`
`563171.1
`
`
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