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 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 (i.e., changing from AIA to pre-AIA ) 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 51 is rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Axelgaard et al. (US 4,867,166, hereinafter “Axelgaard”).
In regards to claim 51, Axelgaard discloses a conductive pad (Fig. 3), comprising:
a topcoat layer (Fig. 3, element 32; col. 4, lines 24-29);
an electrode element (Figs. 2 and 3, elements 54 and 22) comprising an electrode layer (element 54) and a conductive support layer (element 22) comprising a conductive fabric (col. 4, line 14), the electrode layer being connected to the topcoat layer (Fig. 3) and configured to receive an electrical signal from a generator producing an electric signal (col. 4, lines 18-23) having an alternating current waveform at a frequency in a range from 50 kHz to 500 kHz (or any other signal the user desires -- this is an apparatus claim with no generator positively recited, and as a conductive electrode, Axelgaard’s apparatus is capable of having this signal applied to it), the electrode element being constructed of a flexible material (col. 2, lines 53-57), and the conductive fabric comprising a woven conductive fabric (col. 3, lines 4-14); and
a conductive gel element (element 24, col. 5, lines 27-32) directly connected to the electrode element without a dielectric layer electrically isolating the electrode element from the conductive gel element so as to receive the alternating current waveform from the electrode element, the conductive gel element configured to be in contact with a patient's skin (Fig. 3).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 52 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard in view of Hong et al. (US 2021/0290944, hereinafter “Hong”).
Axelgaard discloses the essential features of the claimed invention including woven or knitted fabric (col. 3, lines 4-14), but does not expressly disclose wherein the conductive fabric further comprises a knitted conductive fabric; or wherein the conductive fabric further comprises a plurality of non-conductive threads including a conductive material comprising one or more of: silver, tin, aluminum, titanium, platinum, and carbon.
However, Hong in the same field of endeavor of body surface electrodes teaches providing an electrode comprising conductive fabric wherein the conductive fabric further comprises a knitted conductive fabric (par. 0127, “the woven form may include a plain woven fabric, a satin woven fabric, a twill woven fabric, a braiding form, a three-dimensional woven form, a contour warp knitting (net-shape weft knitting) form, and the like”); and wherein the conductive fabric further comprises a plurality of non-conductive threads including a conductive material comprising one or more of: silver, tin, aluminum, titanium, platinum, and carbon (par. 0122; “the conductive network may be dispersed in and bonded to a non-conductive matrix. That is, the first conductive member and the second conductive member may include a network (conductive network) of one or two or more conductive unit bodies selected from fibrous, particulates, tubular, and plate shapes which are dispersed in and bonded to a non-conductive matrix and a non-conductive matrix”; par. 0121, “carbon fibers”) to provide the predictable results of improving the efficiency of stimulation by providing a more even stimulation to the entire electrode area (par. 0034).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Axelgaard by providing an electrode comprising conductive fabric wherein the conductive fabric further comprises a knitted conductive fabric; and wherein the conductive fabric further comprises a plurality of non-conductive threads including a conductive material comprising one or more of: silver, tin, aluminum, titanium, platinum, and carbon to provide the predictable results of improving the efficiency of stimulation by providing a more even stimulation to the entire electrode area.
Allowable Subject Matter
Claims 20-22, 28, 35, 36, 39-43 and 45-50 are allowed.
The following is an examiner’s statement of reasons for allowance: although Hyatt and/or Axelgaard disclose the various layers recited in claim 20, these references taken alone or in combination with the remaining prior art fail to disclose or fairly render unpatentable the combination of elements now recited including the one or more blocking capacitor configured to block direct current in the electrical signal, wherein at least one blocking capacitor of the one or more blocking capacitor is positioned between the generator and the electrode layer such that prior to the electrical signal being received by the electrode element, the electrical signal passes through the at least one blocking capacitor. Although DC blocking capacitors are known generally, the prior art fails to disclose the configuration claimed. For instance, Melaney teaches a blocking capacitor, but this capacitor is a component of the signal generator and not “positioned between the generator and the electrode layer such that prior to the electrical signal being received by the electrode element, the electrical signal passes through the at least one blocking capacitor,” as claimed, and as set forth in “remarks” of 1/16/2026.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Koike (US 2004/0225343) is another example of an electrode that utilizes a woven conductive fabric layer.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at (571)270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792