DETAILED ACTION
This action is pursuant to the claims filed on 10/22/2025. Claims 1-25, 27, and 36-40 are pending. A final action on the merits of claims 1-25, 27, and 36-40 is as follows.
Response to Amendment
Applicant’s amendment to the claims are acknowledged and entered accordingly. As a result, the 35 USC 112 rejections of the previous office action are withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7, 9, 11-13, 15-25, 27, and 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDonald (U.S. PGPub No. 2022/0096820) in view of Rowe (U.S. PGPub No. 2005/0101853).
Regarding claim 1, McDonald teaches An electrode configured for application to the human skin having an electrically non-conductive carrier having a top side and an underside opposite the topside (Fig 4e, substrate 410), the top side being configured to face away from skin of a user, and the underside being configured to face the skin of the user (see Fig 4e), an electrically conductive connecting element projecting from the top side of the carrier, the connecting element having a connecting location for releasable connection of a signal conductor (Fig 4e [0065], electrode sensor 450 extending above top side of substrate 410 for releasable connection to stud 470), a conductor which extends at least partially on the underside of the carrier and which is electrically connected to the connecting element and to a contact medium that faces towards the skin of the user (Fig 4e [0064], conductive layer 440 comprising Ag/AgCl is provided on underside of substrate 410 and electrically connected to sensor 450 and contact medium hydrogel 460), wherein the conductor and the contact medium are arranged on the underside of the carrier beneath the connecting location of the connecting element (Fig 4e, conductor 440 and hydrogel 460 are under substrate 410 and beneath connecting stud of electrode sensor 450), wherein a notional line normal to the carrier which extends through the connecting element extends through the conductor or an opening in the conductor, and extends through the contact medium or an opening in the contact medium (Fig 4E, opening extends through conductor 440 and connecting element 450; examiner notes remaining limitations are recited in the alternative and need not be taught by the prior art), wherein silver/silver chloride or tin/tin chloride or another redox couple which is suitable for depolarization of the electrode is disposed at least partially on a surface of the conductor (Fig 4e [0064], conductive layer 440 comprising Ag/AgCl), wherein the connecting element has at least one projection which extends through the carrier and which has an enlarged region at an end of the at least one projection and that the conductor is arranged at least partially between the enlarged region and the carrier (Fig 4E, underside of electrode sensor 450 has region that extends through the carrier 410 such that conductor layer 440 is arranged between the enlarged region of the bottom of sensor 450 and the substrate 410).
McDonald fails to explicitly teach wherein the connection between the connecting element 450 is releasable from the signal conductor 470.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the connecting element 450 and signal conductor 470 to be releasable to arrive at claim 1. Doing so would be obvious to one of ordinary skill in the art as the use of releasable stud fastener connections is well-known in the art to yield the predictable result of providing a secure, yet removable connection to interconnect electrical components for signal transmission therethrough.
McDonald fails to explicitly teach wherein the connecting element, at its surface, is free of silver or silver/silver chloride, and free of tin or tin/tin chloride, and free of another redox couple suitable for depolarization of an electrode or a component of the another redox couple.’
In related prior art, Rowe teaches wherein the connecting element, at its surface, is free of silver or silver/silver chloride, and free of tin or tin/tin chloride, and free of another redox couple suitable for depolarization of an electrode or a component of the another redox couple (Fig 3 top snap 30 is made of stainless steel or nickel plated brass and bottom snap is made of metal or plastic loaded with carbon [0041]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting element of McDonald in view of Rowe to incorporate the connecting element formed of stainless steel or carbon loaded plastic free of a redox couple to arrive at claim 1. Doing so would have been a simple substitution of one well-known connecting element material (McDonald, conductor of electrode sensor 450) for another well-known conductive connecting element layer (Rowe, [0041] disclosing similar connecting elements free of redox couples) to yield the predictable result of providing a conducting film layer to transmit signals therethrough.
Regarding claim 2, Mcdonald further teaches wherein a side of the conductor which faces the contact medium is partially or completely covered by the connecting element (Fig 4e, bottom side of conductor layer 440 is covered by the sensor 450).
Regarding claim 3, Mcdonald further teaches wherein a region of the conductor having silver/silver chloride or tin/tin chloride or another redox couple suitable for depolarization of the electrode is electrically in contact with the connecting element or with the contact medium (Fig 4e, conductor layer 440 is in contact with both the hydrogel 460 and the connecting element 450).
Regarding claim 4, Mcdonald teaches wherein the conductor is in the region of the contact medium (Fig 4e, conductor 440 is in region of hydrogel 460).
McDonald fails to teach wherein the conductor is in the form of a layer comprising a first material provided with a second electrically conductive material in a region of the contact medium, the second electrically conductive material including the silver/silver chloride or tin/tin chloride or another redox couple.
In related prior art, Rowe teaches a similar electrode wherein a similar conductor is in the form of a layer comprising a first material which is provided, preferably coated, with a second electrically conducting material in the region of the contact medium (Fig 5 [0042], conducive layer 60 is formed from a first material coated with a second material such as Ag/AgCl) the second electrically conductive material including the silver/silver chloride or tin/tin chloride or another redox couple (Fig 5 [0042], conducive layer 60 is formed from a first material coated with a second material such as Ag/AgCl). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductor layer 440 of McDonald in view of Rowe to incorporate the conductor as a first material coated with a second conducting material to arrive at claim 4. Doing so would have been a simple substitution of one well-known conductive film layer (McDonald, conductor 440 as a printed conductive layer) for another well-known conductive film layer (Rowe, [0042] disclosing a film coated with a conducting material) to yield the predictable result of providing a conducting film layer to transmit signals therethrough.
Regarding claim 5, in view of the combination of claim 4 above, McDonald/Rowe further teaches wherein the second electrically conductive material is arranged in ring form on the first material (Fig 4e, conductor is arranged in a ring form with a through hole extending therethrough such that the combination of claim 4 above would necessarily yield the second (AgCl layer being arranged in the ring form)).
Regarding claim 6, in view of the combination of claim 4 above, McDonald/Rowe further teaches wherein the second material is arranged substantially over an entire surface area on the first material (Fig 4e, conductor 440 is conductive over the full surface area, such that the combination of claim 4 above would yield the first material with the Ag/Cl layer over the full surface area on the first material.
Regarding claim 7, in view of the combination of claim 4 above, McDonald/Rowe further teaches wherein the first material is a plastic, in particular a plastic film, or a conductor, for example of steel, wherein the second material is preferably silver/silver chloride, tin/tin chloride or another redox couple suitable for depolarization of the electrode (Rowe, [0042] discloses plastic film coated with Ag/AgCl or conductive layer coated with Ag/AgCl).
Regarding claim 9, McDonald further teaches wherein the conductor is formed by a layer of a conductive material on the carrier (Fig 4E [0064], conductor 440 is printed on substrate 410).
Regarding claim 11, McDonald further teaches wherein the conductor is of a substantially rotationally symmetrical configuration ([0065] conductor 440 is printed to have an aperture). Other components of McDonald are contemplated as having either a ring or square shape ([0059]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductor layer 440 of McDonald to be a rotationally symmetrical ring shape to arrive at claim 11. Doing so would have been obvious to one of ordinary skill in the art as it has been held that the shape of an object was merely a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed shape was significant. In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In the instant case, the claimed ring shape does not appear significant in light of instant claim 12 reciting a different shape. Furthermore, McDonald discloses that these shapes are well-known in the art and can be used interchangeably ([0059])
Regarding claim 12, McDonald further teaches wherein the conductor is of a substantially cuboidal configuration.([0065] conductor 440 is printed to have an aperture). Other components of McDonald are contemplated as having either a ring or square shape ([0059]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductor layer 440 of McDonald to be a substantially cuboidal shape to arrive at claim 12. Doing so would have been obvious to one of ordinary skill in the art as it has been held that the shape of an object was merely a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed shape was significant. In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). In the instant case, the claimed cuboidal shape does not appear significant in light of instant claim 11 reciting a different shape. Furthermore, McDonald discloses that these shapes are well-known in the art and can be used interchangeably ([0059])
Regarding claim 13, McDonald teaches wherein the conductor has an opening for introduction of the connecting element (See Fig 4e).
Regarding claim 15, McDonald teaches wherein the connecting element comprises at least two parts, wherein one of the at least two parts has the connecting location for releasable connection of a signalline (Fig 4e, electrode sensor 450 defines a first part defining the stud for connecting to a signal line and a second part defining the planar surface contacting the layer 440 and gel 460).
Regarding claim 16, McDonald teaches wherein the at least two parts of the connecting element comprise the same materials or at least two different materials (two parts either comprise the same or different materials).
Regarding claim 17, McDonald teaches An electrode configured for application to the human skin having an electrically non-conductive carrier having a top side and an underside opposite the topside (Fig 4e, substrate 410), the top side being configured to face away from skin of a user, and the underside being configured to face the skin of the user (see Fig 4e), an electrically conductive connecting element projecting from the top side of the carrier, the connecting element having a connecting location for releasable connection of a signal conductor (Fig 4e [0065], electrode sensor 450 extending above top side of substrate 410 for releasable connection to stud 470), a conductor which extends at least partially on the underside of the carrier and which is electrically connected to the connecting element and to a contact medium that faces towards the skin of the user (Fig 4e [0064], conductive layer 440 comprising Ag/AgCl is provided on underside of substrate 410 and electrically connected to sensor 450 and contact medium hydrogel 460), wherein the conductor and the contact medium are arranged on the underside of the carrier beneath the connecting location of the connecting element (Fig 4e, conductor 440 and hydrogel 460 are under substrate 410 and beneath connecting stud of electrode sensor 450), wherein a notional line normal to the carrier which extends through the connecting element extends through the conductor or an opening in the conductor, and extends through the contact medium or an opening in the contact medium (Fig 4E, opening extends through conductor 440 and connecting element 450; examiner notes remaining limitations are recited in the alternative and need not be taught by the prior art), wherein silver/silver chloride or tin/tin chloride or another redox couple which is suitable for depolarization of the electrode is disposed at least partially on a surface of the conductor (Fig 4e [0064], conductive layer 440 comprising Ag/AgCl), wherein the connecting element has at least one projection which extends through the carrier and which has an enlarged region at an end of the at least one projection and that the conductor is arranged at least partially between the enlarged region and the carrier (Fig 4E, underside of electrode sensor 450 has region that extends through the carrier 410 such that conductor layer 440 is arranged between the enlarged region of the bottom of sensor 450 and the substrate 410); wherein the connecting element comprises a single part which has the connecting location for releasable connection of a signal line (Fig 4e, electrode sensor 450 defines a single part).
McDonald fails to explicitly teach wherein the connection between the connecting element 450 is releasable from the signal conductor 470.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the connecting element 450 and signal conductor 470 to be releasable to arrive at claim 1. Doing so would be obvious to one of ordinary skill in the art as the use of releasable stud fastener connections is well-known in the art to yield the predictable result of providing a secure, yet removable connection to interconnect electrical components for signal transmission therethrough.
McDonald fails to explicitly teach wherein the connecting element, at its surface, is free of silver or silver/silver chloride, and free of tin or tin/tin chloride, and free of another redox couple suitable for depolarization of an electrode or a component of the another redox couple.’
In related prior art, Rowe teaches wherein the connecting element, at its surface, is free of silver or silver/silver chloride, and free of tin or tin/tin chloride, and free of another redox couple suitable for depolarization of an electrode or a component of the another redox couple (Fig 3 top snap 30 is made of stainless steel or nickel plated brass and bottom snap is made of metal or plastic loaded with carbon [0041]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting element of McDonald in view of Rowe to incorporate the connecting element formed of stainless steel or carbon loaded plastic free of a redox couple. Doing so would have been a simple substitution of one well-known connecting element material (McDonald, conductor of electrode sensor 450) for another well-known conductive connecting element layer (Rowe, [0041] disclosing similar connecting elements free of redox couples) to yield the predictable result of providing a conducting film layer to transmit signals therethrough.
McDonald fails to teach the connecting element comprises a single part which has the connecting location for direct releasable connection of a signal line.
Rowe teaches an embodiment wherein a similar connecting element a single part which has the connecting location for direct releasable connection of a signal line (Fig 5 stud 46 extends through cover layer for direct releasable connection to a signal line). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting element of McDonald in view of Rowe to incorporate the connecting element as a direct connection to a signal line to arrive at claim 17. Doing so would be a simple substitution of one well-known stud configuration (Rowe, Fig 5 snap 46) for another well-known stud configuration (Rowe Figs 3-4 and McDonald Fig 4E both of which have overlapping studs for connection to signal line) to yield the predictable result of a conductive stud capable of connecting to a signal line.
Regarding claim 18, McDonald teaches wherein at least one of the connecting element, the conductor, and the contact medium is overall substantially rotationally symmetrical (conductor 440 and sensor 450 are both rotationally symmetrical, see Figs 4e, 6, 7-8).
Regarding claim 19, McDonald teaches wherein the enlarged region is formed by deformation (Fig 4e, the enlarged region of electrode sensor 450 is necessarily formed by a deformation of said material to yield the stud shape), wherein the deformed enlarged region forms an electrical connection between the conductor and the connecting element and wherein the connecting element is mechanically fixed to the carrier by the deformed enlarged region (Fig 4e, deformed region of electrode sensor 450 enables electrical and mechanical connection to layer 440 and a mechanical fixing to substrate 410 via a through hole).
Regarding claim 20, in view of the combination of claim 1 above, McDonald teaches wherein the contact medium is one of a gel, a conductive adhesive, or a sponge filled with saline solution (Fig 4e, gel 460 is a gel).
Regarding claim 21, McDonald teaches wherein the connecting element is connected to the carrier on the underside or the top side of the carrier (Fig 4e connecting element 450 is connected on both the top and bottom of substrate 410 and has the conductor 450 interposed in a planar configuration).
Regarding claims 22-23, McDonald teaches wherein a plaster layer is provided on an underside of the electrode that faces toward the skin, and wherein the plaster layer is configured to be glued on to the skin in order to fix the electrode (Fig 4e, layer 420 is glued to skin via adhesive 430); wherein the plaster layer is glued to the carrier by way of a layer of pressure sensitive adhesive that is applied to the plaster layer or the carrier or by a thermoactivatable adhesive (Fig 4e adhesive 430).
Regarding claim 24, McDonald/Rowe teaches the device of claim 1 above, McDonald further teaches wherein the carrier comprises a film (Fig 4e substrate 410 is a film).
Regarding claims 25 and 39, McDonald teaches wherein the carrier is coated on the underside with adhesive or has a plaster layer provided with an adhesive (Fig 4e, substrate 410 provided with flex layer 420 with adhesive layer 430 thereunder); wherein: the carrier is coated on the underside with the adhesive, and the adhesive is a skin adhesive (Fig 4e, substrate 410 provided with flex layer 420 with adhesive layer 430 thereunder); or the carrier has the plaster layer provided with an adhesive, and the adhesive is a skin adhesive (this limitation is in the alternative).
McDonald fails to explicitly teach the adhesive is a PSA or thermoactivatable adhesive.
Rowe teaches the use of a pressure sensitive adhesive ([0022]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive layer 430 of McDonald in view of Rowe to incorporate a pressure sensitive adhesive to arrive at claim 39. Doing so would be obvious to one of ordinary skill in the art as the use of pressure sensitive adhesives is well-known in the art to yield the predictable result of an adhesive layer for adhering two components together.
Regarding claim 27, McDonald teaches wherein in a region of the connecting element the carrier has at least one incision which allows moveability of the connecting element with respect to a plaster layer configured for adhesive bonding to the skin (Fig 4e, substate 410 has through hole therein to allow for at least partial movement of electrode sensor 450 with respect to layers 410/420).
Regarding claim 40, McDonald teaches An electrode configured for application to the human skin having an electrically non-conductive carrier having a top side and an underside opposite the topside (Fig 4e, substrate 410), the top side being configured to face away from skin of a user, and the underside being configured to face the skin of the user (see Fig 4e), an electrically conductive connecting element projecting from the top side of the carrier, the connecting element having a connecting location for releasable connection of a signal conductor (Fig 4e [0065], electrode sensor 450 extending above top side of substrate 410 for releasable connection to stud 470), a conductor which extends at least partially on the underside of the carrier and which is electrically connected to the connecting element and to a contact medium that faces towards the skin of the user (Fig 4e [0064], conductive layer 440 comprising Ag/AgCl is provided on underside of substrate 410 and electrically connected to sensor 450 and contact medium hydrogel 460), wherein the conductor and the contact medium are arranged on the underside of the carrier beneath the connecting location of the connecting element (Fig 4e, conductor 440 and hydrogel 460 are under substrate 410 and beneath connecting stud of electrode sensor 450), wherein a notional line normal to the carrier which extends through the connecting element extends through the conductor or an opening in the conductor, and extends through the contact medium or an opening in the contact medium (Fig 4E, opening extends through conductor 440 and connecting element 450; examiner notes remaining limitations are recited in the alternative and need not be taught by the prior art), wherein silver/silver chloride or tin/tin chloride or another redox couple which is suitable for depolarization of the electrode is disposed at least partially on a surface of the conductor (Fig 4e [0064], conductive layer 440 comprising Ag/AgCl), wherein the connecting element has at least one projection which extends through the carrier and which has an enlarged region at an end of the at least one projection and that the conductor is arranged at least partially between the enlarged region and the carrier (Fig 4E, underside of electrode sensor 450 has region that extends through the carrier 410 such that conductor layer 440 is arranged between the enlarged region of the bottom of sensor 450 and the substrate 410); wherein the connecting element comprises a single part which has the connecting location for releasable connection of a signal line (Fig 4e, electrode sensor 450 defines a single part); and wherein a side of the conductor which faces the contact medium is covered by the connecting element (Fig 4e, bottom side of conductor layer 440 is covered by the sensor 450).
McDonald fails to explicitly teach wherein the connection between the connecting element 450 is releasable from the signal conductor 470.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the connecting element 450 and signal conductor 470 to be releasable to arrive at claim 1. Doing so would be obvious to one of ordinary skill in the art as the use of releasable stud fastener connections is well-known in the art to yield the predictable result of providing a secure, yet removable connection to interconnect electrical components for signal transmission therethrough.
McDonald fails to explicitly teach wherein the connecting element, at its surface, is free of silver or silver/silver chloride, and free of tin or tin/tin chloride, and free of another redox couple suitable for depolarization of an electrode or a component of the another redox couple.’
In related prior art, Rowe teaches wherein the connecting element, at its surface, is free of silver or silver/silver chloride, and free of tin or tin/tin chloride, and free of another redox couple suitable for depolarization of an electrode or a component of the another redox couple (Fig 3 top snap 30 is made of stainless steel or nickel plated brass and bottom snap is made of metal or plastic loaded with carbon [0041]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting element of McDonald in view of Rowe to incorporate the connecting element formed of stainless steel or carbon loaded plastic free of a redox couple. Doing so would have been a simple substitution of one well-known connecting element material (McDonald, conductor of electrode sensor 450) for another well-known conductive connecting element layer (Rowe, [0041] disclosing similar connecting elements free of redox couples) to yield the predictable result of providing a conducting film layer to transmit signals therethrough.
McDonald fails to teach the connecting element comprises a single part which has the connecting location for direct releasable connection of a signal line.
Rowe teaches an embodiment wherein a similar connecting element a single part which has the connecting location for direct releasable connection of a signal line (Fig 5 stud 46 extends through cover layer for direct releasable connection to a signal line). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting element of McDonald in view of Rowe to incorporate the connecting element as a direct connection to a signal line. Doing so would be a simple substitution of one well-known stud configuration (Rowe, Fig 5 snap 46) for another well-known stud configuration (Rowe Figs 3-4 and McDonald Fig 4E both of which have overlapping studs for connection to signal line) to yield the predictable result of a conductive stud capable of connecting to a signal line.
McDonald/Rowe discloses substantially all the limitations of the claim(s) except the side of the conductor which faces the contact medium is completely covered by the connecting element. It would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the connecting element and conductor such that the connecting element completely covers the skin-side of the conductor, since applicant has not disclosed that the complete coverage solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with a partial coverage. Examiner finds a lack of criticality to the claimed “complete” coverage of the conductor by the connecting element. Paragraph [0009] of applicant’s PGPub No. 2022/0031215 states the covered can be partial coverage or complete coverage.
Claim(s) 8 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDonald in view of Rowe and in further view of Takaki (U.S. PGPub No. 2003/0088239).
Regarding claims 8 and 36, in view of the combination of claim 4 above,
McDonald/Rowe fail to teach wherein the first material is of a thickness of between 10 µm and 250 µm and the second material is of a thickness of between 0.05 µm and 30 µm.
In related prior art, Takaki teaches a similar conductor layer comprising a first material of a thickness of between 10 µm and 250 µm and 30 and 100 µm (Fig 2 and [0161], conductor film has a film having a thickness of 50 to 200 micrometers), and the second material is of a thickness of between 0.05 µm and 30 µm and 0.1 and 3 µm ([0161] thickness of silver/silver chloride coating on the first material is between 2.5 to 12 microns). Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductor layer of McDonald in view of Rowe and Takaki to use a first material between a thickness of 30 and 100 microns and a second material coated on the first material having a thickness between 0.1 and 3 microns as applicant appears to have placed no criticality on the claimed range and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists”. In reWertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim(s) 10, 14, 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDonald in view of Rowe and Lane (U.S. PGPub No. 2005/0261565).
Regarding claim 10, in view of the combination of claim 1 above,
McDonald fails to teach wherein the conductor is a metal or a metal alloy or a plastic film which is conductive throughout or at a surface thereof by conductive carbon fibers or a textile material which is conductive throughout or at a surface thereof.
In related prior art, Lane teaches a similar electrode wherein the conductor is a metal or a metal alloy or a plastic film which for example is conducting throughout or at the surface by conductive carbon fibers or a textile material which is conducting throughout or at the surface ([0010] disclosing plastic resin loaded with conductive carbon fibers to yield a conductively coated eyelet). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductor layer 440 of McDonald in view of Lane to incorporate the conductor as a plastic film coated with conductive fibers to arrive at claim 10. Doing so would have been a simple substitution of one well-known conductive film layer (McDonald, conductor 440 as a printed conductive layer) for another well-known conductive film layer (Lane, [0010] disclosing a plastic film coated with a carbon fibers) to yield the predictable result of providing a conducting film layer to transmit signals therethrough.
Regarding claims 14 and 37, McDonald teaches the device of claim 1 as stated above.
McDonald fails to teach wherein the connecting element comprises metal or conductive plasti; wherein the connecting element comprises metal and the metal is a deep-drawn metal sheet, or comprises conductive plastic and the conductive plastic is ABS doped with conductive carbon fibers.
In related prior art, Lane teaches a similar device wherein the connecting element comprises metal or conductive plastic ([0033] eyelet formed of ABS loaded with carbon fiber); wherein the connecting element comprises metal and the metal is a deep-drawn metal sheet, or comprises conductive plastic and the conductive plastic is ABS doped with conductive carbon fibers ([0033] eyelet formed of ABS loaded with carbon fiber). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting element of McDonald in view of Lane to incorporate the connecting element as ABS doped with conductive fibers to arrive at claims 14 and 37. Doing so would have been a simple substitution of one well-known connecting element material (McDonald, conductor of electrode sensor 450) for another well-known conductive connecting element layer (Lane, [0033] disclosing ABS doped with carbon fibers) to yield the predictable result of providing a conducting film layer to transmit signals therethrough.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDonald in view of Rowe and Menon (U.S. PGPub No. 2007/0032719).
Regarding claim 38, McDonald/Rowe teaches the device of claim 20 as stated above, McDonald further teaches wherein the contact medium is arranged in a recess in a plaster layer (Fig 4e, gel 460 is in a plaster layer in recess of device on the skinside).
McDonald fails to teach wherein the gel is doped with chlorides
In related prior art Menon teaches a similar contact medium wherein the gel is doped with chlorides ([0101] disclosing adhesive hydrogel with chloride in a precursor). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hydrogel of McDonald in view of Menon to incorporate the adhesive hydrogel doped with chlorides to arrive at claim 38. Doing so would be a simple substitution of one well-known conductive hydrogel (McDonald hydrogel 460) for another well-known hydrogel (Menon [0101]) to yield the predictable result of a hydrogel layer for improving conductance of electrical signals from the skin.
Response to Arguments
Applicant’s arguments, see remarks, filed 10/22/2025, with respect to the rejection(s) of claim(s) 1-25, 27, and 36-40 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the Rowe reference teaching similar connecting elements free of redox couples.
Conclusion
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 Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794