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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/18/2025 has been entered.
Claims 1-7 and 10 are hereby the present claims under consideration.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 it appears that “at least a portion of the semi-conductive layer” and “wherein the at least a portion of the semi-conductive layer” should read “at least a portion of the semi-conductive layer of the first layer” and “wherein the at least a portion of the semi-conductive layer of the first layer” respectively since the beginning of the limitation indicates that the electrical connection area is embedded in the first layer.
Claim 1 it appears that “wherein at least two first and/or second semiconductive layers” should read “wherein at least two of the first and/or second semiconductive layers” to indicate that the layers being referenced are the same as those previously claimed.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites “wherein the layer comprising the plurality of electrically conductive sections is at least partially embedded in the semi-conductive layer of the second layer” but it is unclear what “the layer comprising the plurality of electrically conductive sections” is intended to refer to since claim 1 establishes that “the plurality of electrically conductive sections” are part of the first or second layer. It is unclear how “the layer” is seemingly “embedded in” itself. For the purposes of this examination, this limitation will be interpreted as the plurality of electrically conductive sections being embedded into one of the first or second layers.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim1 recites “wherein the electrical connection area is at least partially embedded in the semi- conductive layer of the first layer to form at least a portion of the semi-conductive layer extending above and below the electrical connection area and wherein the at least a portion of the semi-conductive layer extending above and below the electrical connection area is selected to adjust one or more signal characteristics”. Applicant cites paragraph 0038 as supporting this newly added amendment but paragraph 0038 is directed towards the adjustment of the sensor output characteristics by adjusting the dimensions and/or composition of the electrically conductive sections which are separate and distinct from the electrical connection area. Additionally, paragraph 0038 is directed towards the adjustment of the electrically conductive sections and not the surrounding semi-conductive layer and makes no mention of adjusting the semi-conductive layer above and/or below the conductive sections. Thus, such a recitation does not appear to support the claimed “at least a portion of the semi-conductive layer extending above and below the electrical connection area is selected to adjust one or more signal characteristics” which is directed towards making adjustments to the semi-conductive layer itself. Moreover, the specification does not appear to support the electrical connection area embedded in the semi-conductive layer “to form at least a portion of the semi-conductive layer extending above and below the electrical connection area” as the specification does not appear to specifically describe such a configuration of the electrical connection area, nor does the specification appear to describe that the term “embedded” entails such a particular configuration. In particular, paragraphs 0026-0028 describes how the semi-conductive layer may be printer on the electrical connection area which results in no semi-conductive layer below the electrical connection area. Such a construction is further consistent with Figs. 5 and 6A-B. While paragraph 0039 does support the electrical connection area being “embedded” in the semi-conductive layer. It does not support the claimed specific type of embedding. Thus the specification does not appear to support the claimed structure of “at least a portion of the semi-conductive layer extending above and below the electrical connection area” or the associated effect of “wherein the at least a portion of the semi-conductive layer extending above and below the electrical connection area is selected to adjust one or more signal characteristics”
Claims 2-7 and 10 are rejected by virtue of their dependence on claim 1.
Prior Art
In regards to claim 1, none of the prior art of record teaches or reasonably suggests a sensor element comprising “wherein the electrical connection area is at least partially embedded in the semi- conductive layer of the first layer to form at least a portion of the semi-conductive layer extending above and below the electrical connection area and wherein the at least a portion of the semi-conductive layer extending above and below the electrical connection area is selected to adjust one or more signal characteristics” in combination with the other claimed elements.
In particular, While Yi (US Patent Application Publication Number US 2018/0095580 A1 previously cited) is considered to at least suggest electrical terminals “embedded in” the semi-conductive layer (Yi: Paragraph 0100: the terminals may be disposed on either the first or second layer; Fig. 1 and 2 references 111a and b and 211a and b appear to illustrate that the terminals are at least partly embedded in layer 130 and 230 respectively). Yi fails to disclose or reasonably suggest the terminals embedded in the semi-conductive layer such that the terminals are “at least partially embedded in the semi- conductive layer of the first layer to form at least a portion of the semi-conductive layer extending above and below the electrical connection area” as required by the claim. Furthermore, such a configuration is not considered to be an obvious variation of embedding the electrical terminals because such a configuration is associated with the technical effect of “wherein the at least a portion of the semi-conductive layer extending above and below the electrical connection area is selected to adjust one or more signal characteristics” as indicated by the claim. Yi does teach that adjusting the size and configuration of the electrically conductive sections may be used to adjust the characteristics of the sensor (Yi: paragraphs 0126-0127), but such an adjustment is in reference to the electrically conductive sections rather than the electrical contacts which are distinct elements. Furthermore, the claim indicates that it is the semi-conductive layer surrounding the electrical contact rather than the electrical contact itself, which is adjusted to produce the technical effect of “adjust one or more signal characteristics”.
Examiner’s Note: It is noted that it is the combination of how the electrical connection is embedded in conjunction with the selection of the portion of the semi-conductive layer above and below the electrical connection are to adjust signal characteristics that is considered to distinguish over the prior art. As provided in the response to arguments section of the Final Office Action mailed 06/09/2025, the electrical connection areas being embedded in the semi-conductive layer and the electrical connection areas themselves being used to adjust the signal characteristics is considered an obvious variation or and/or routine optimization and experimentation in light of the teachings of Yi. It is the specific combination of the above presented embedded configuration and using the selection of the semi-conductive layer above and below the electrical connections to adjust signal characteristics that is considered to not be obvious over the prior art.
Rice US Patent Application Publication Number US 2015/0226619 A1 hereinafter Rice teaches a sensor system adapted for use with an article of footwear and includes an insert member including a first layer and a second layer, a port connected to the insert and configured for communication with an electronic module, a plurality of force and/or compression sensors on the insert member, and a plurality of leads connecting the sensors to the port (Abstract). Rice teaches a system which incorporates a force sensor and/or pressure sensor for measuring the force applied to a sole of a shoe. The sensors have a resistance which decreases as pressure increases on the sensor. The sensors comprise a first and second base layer which are coated with a first and second contact respectively. A gap is formed between the first and second contacts by a spacer layer which keeps the contact layers apart. The spacer layer includes holes which permit interactions between the first and second contact layers when the sensor is loaded (Paragraph 0123; Figs. 35A and 35B). Rice further teaches a sensor elements comprising a plurality of first and second layers arranged in parallel with respect to their longitudinal extension direction. Rice teaches that each of the segments, or layers, are connected to each other via the distribution lead and that each of the segments may be rectangular in shape (Paragraphs 0125-0127; Fig 15 reference 41 illustrates each segment; Fig. 13 references 40 and 42 illustrate that both the first and second layers comprise multiple segments. )
Liu US Patent Number US 10690559 B1 hereinafter Liu teaches an electronic pressure sensor array has a plurality of conductive electrodes and interconnects selectively formed on a pressure sensor substrate to form a plurality of individual pressure sensor assemblies. The individual pressure sensor assemblies can be aligned in various configurations to form the electronic pressure sensor array. Each pressure sensor assembly is made of a plurality of layers including a pressure sensor substrate, insulating layers on either side of the pressure sensor substrate, and conductive ink layers on an outer surface of each insulating layer. A cavity is formed in each insulating layer, the cavity in one insulating layer being vertically aligned with the cavity in the other insulating layer, and conductive ink fills each cavity to form electrodes (Abstract). Liu teaches a layered pressure sensor with an intervening substrate between two conductive elements. The intervening substrate may be a carbon embedded sheet or other pressure sensitive conductive substrate such as a film or fabric (Col 4 lines 54-65)
Eventoff US Patent Number US 4810992 A hereinafter Eventoff teaches A digitizer pad includes at least two base plys, each having thereon at least three terminals, a resistor ply disposed between two of the terminals with a plurality of conductors extending from each resistor ply which are spaced apart and interleaved with a plurality of conductors extending from each third terminal. The respective base plys' conducting surfaces face each other and are sandwiched about a nonconductive ply that includes a pressure sensitive conductive layer on each side, the area of which layer covers a portion of the area encompassed by the interleaved conductors on each base ply. The resistor plys and conductors on each base ply are at predetermined angles to those on the base ply, hence the conductors of each base ply form two predefined axes. A voltage source is sequentially coupled, by suitable switching means, across a selected pair of terminals on each ply to measure the selected location along the parameter dimension defined by the terminals across which the voltage source is coupled. Hence, the spatial location of a force applied to the digitizer pad along any one or more axes in a plane is determinable as well as the magnitude of the force applied generally perpendicular to that plane (Abstract). Eventoff teaches a layered pressure sensor including electrode contacts which appear to be embedded into a resistor layer. The resistor layer is in contact with a pressure sensitive resistor layer which is connected to a conductive layer. As force is applied the junction resistance between the resistive layer and the pressure sensitive layer is decreased allowing current to flow through the conductive layer bonded to the pressure sensitive layer (Fig. 4 references 26, 28, 36, 52, and 56; Col 3 lines 53 -Col 4 line 49).
Response to Arguments
Applicant's arguments filed 04/15/2025 have been fully considered but they are not persuasive.
In regards to the rejections issued under 35 USC 112:
Applicant’s amendments are insufficient to overcome all of the previously presented grounds of rejection, new grounds of rejection have been necessitated by Applicant’s amendments.
In regards to the rejections issued under 35 USC 103:
Applicant’s arguments directed towards the newly amended limitation of “wherein the electrical connection area is at least partially embedded in the semi- conductive layer of the first layer to form at least a portion of the semi-conductive layer extending above and below the electrical connection area and wherein the at least a portion of the semi-conductive layer extending above and below the electrical connection area is selected to adjust one or more signal characteristics” are considered to be persuasive for at least the reasons presented in the above prior art section.
Applicant’s arguments directed towards the limitation of “wherein at least two first and/or second semi-conductive layers are arranged in parallel with respect to their longitudinal extension direction, the two first semi-conductive layers are connected to each other via the at least one electrical connection area and/or the two second semi-conductive layers are connected to each other via the at least one electrical connection area” are not found to be persuasive.
In particular, Applicant argues that Rice is silent on the parallel arrangement of the contacts with respect to their longitudinal extension direction. Applicant further argue that carbon black is not a semi-conductor and thus is not analogous to the semi-conductive layers of Yi. Applicant further argues that the segmentation of Rice is intended to achieve a consistent level of contact to compensate for manufacturing tolerances which is different from the purpose of the segmentation of the present claims because the segmentation of the present claims is used as a design parameter and serves to adapt sensitivity of the sensor, adjust signal characteristics, and improve overall precision.
These arguments are not found to be persuasive because Rice explicitly teaches that the segments may be rectangular in shape (Paragraph 0127: “at least one or all of the segments 41 may not be tapered, such as by using rectangular or generally rectangular segments 41”) and that the segments are generally parallel (Paragraph 0128: “all the segments 41 of all of the sensors 16 have axes that are generally parallel”. Such a configuration is further depicted in Figs. 13 and 15 references 41, 40, and 42).
Applicant’s argument directed towards carbon black not being a semi-conductor is not found to be persuasive because Carbon black is considered to have semi-conductive properties as evidenced by Ho US Patent Application Publication Number US 2018/0296821 A1 hereinafter Ho paragraph 0017 “As conductive carbon black is a semiconductor and has relatively low electrical resistance”. Furthermore, Applicant has not set forth any evidence to show that carbon black is not a semi-conductor. Additionally, Applicant does not provide any particular ranges of conductivity values to constrain the definition of what a semi-conductive material entails.
Finally, Applicant’s arguments that the segmentation of Rice is performed to achieve different effects than the segmentation of the present claims is not found to be persuasive because such effects are not set forth in the claim and thus, Applicant’s arguments are not commensurate in scope with the claim language. Additionally, it is noted that Rice’s segmentation to account for manufacturing tolerances is considered to be directed towards “improving the overall precision” of the sensor since the sensors will produce a more consistent output by negating imprecision in the manufacturing process.
Conclusion
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/MATTHEW ERIC OGLES/Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791