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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 10/20/25. Applicant’s arguments have been considered but are not found persuasive. Claims 1-7, 9-12 and 14-17 are pending. This Action is Final.
Claims Analysis
At least claim 1 recites “the electrode having a central axis” wherein the electrode comprises “a multi-layer graphene-fiber core, such that the central axis comprises graphene fiber”. Examiner interprets this language to mean only the portion of the central axis of the electrode that is part of the “core” comprises graphene fiber (not necessarily the entire central axis and/or core of the electrode).
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-7, 9 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nimer et al., US 2009/0248113 A1.
Nimer teaches an implantable microelectrode device, a method of manufacturing the electrode device and a method of implanting the implantable device [0095]. Figures 1a-b illustrate an electrode device 10. Electrode device 10 comprises an electrically conductive core 12 coated by at least one electrically isolating layer 14. Conductive core 12 preferable has micrometric dimensions. A typical diameter D of core 12 is from about 1 mm to about 500 mm, e.g., about 50 mm. The typical length of electrode device 10 is from a few centimeters to a few tens of centimeters [0109]. Conductive core 12 comprises a substrate 16 coated by one or more metallic layers 18 having a nanometric pattern thereon [0111]. The conductive core 12 further comprises a isolating layer 14 such as Parylene C™[0134]. See at least Figure 1a-1e.
The substrate 16 can be made of any conducting material such as a conductive polymer (e.g., carbon fiber) [0125]. Note [0128] of Nimer teaches a conductive polymer may comprise carbon nanotubes wherein the carbon nanotubes exist as SWNT, which can be considered as long wrapped graphene sheets, and MWNT which can be considered a collection of concentric SWNTs with different diameters. The metallic layer 18 may comprise Pt, Ir, iridium oxide, etc. as listed at [0126].
The intermediate layer (in the embodiment in which the conductive core comprises one or more intermediate layers), can comprise a transition metal layer which is preferably selected to increase the adhesion of the substrate and the metal alloy nitride compounds. Also contemplated, as an alternative to the aforementioned transition metal layer or in addition thereto, are one or more intermediate layers which comprise a porous conductive polymer of sufficiently high surface to volume ratio. Such layer can be made, at least in part of metal nanotubes and/or carbon nanotubes. Carbon nanotubes are widely used in the art of nanofabrication. Two major forms of carbon nanotubes exist, single-walled nanotubes (SWNT), which can be considered as long wrapped graphene sheets and multi walled nanotubes (MWNT) which can be considered as a collection of concentric SWNTs with different diameters. Also known are armchair bundles of metallic carbon nanotubes, all of which are contemplated to be used in intermediate layers 15 [0128]. See also [0120].
The conductive core is at least partially exposed at a tip 19 of the core 12 [0115]. FIGS. 1f-h are magnified images of a portion of electrode device in which the device comprises an intermediate layer 15 formed of nanotubes. Shown in FIG. 1f are a 30 mm section of tip 19 (FIG. 1f), a 350 nm section of the nanotubes of layer 15 (FIG. 1g) and a 70 nm section of metallic layer 18 coating intermediate layer 15. When the nanotubes comprise SWNT, it can be deposited on the substrate, for example, by a CVD process [0176].
Regarding claim 16, the ordered graphene oxide sheets are in intermediate product. The ordered graphene oxide sheets are used to produce the “multi-layer graphene-fiber core” as described in the present specification. Thus, the limitation “ordered graphene oxide sheets” is considered a product by process limitations that has not been given patentable weight.
Response to Arguments
Applicant's arguments filed 10/20/25 have been fully considered but they are not persuasive.
I. Applicant argues Nimer fails to disclose the structure of at least claim 1. Examiner disagrees. The claim recites “a multi-layer graphene-fiber core, such that the central axis comprises graphene fiber”. Reference number 12 of Nimer refers to the “core”, but this “core” of Nimer includes a variety of different layers coated over a “substrate 16”. Reference number 12 of Nimer includes a separating layer and an electrically conductive layer. Thus, the “core” of Nimer is not necessarily equated to the “core” of the claimed invention. Examiner clearly discusses the substrate 16 as comprising any conducting material such as a conductive polymer (e.g., carbon fiber) [0125]. Note [0128] of Nimer teaches a conductive polymer may comprise carbon nanotubes wherein the carbon nanotubes exist as SWNT, which can be considered as long wrapped graphene sheets, and MWNT which can be considered a collection of concentric SWNTs with different diameters. Thus, the substrate 16 may be a multi-layer graphene-fiber core such that the central axis of the core comprises graphene fiber.
II. Applicant submits that Examiner’s interpretation of Nimer is incorrect. Examiner disagrees. Applicant argues CNTs are hollow, cylindrical nanostructures, not a multi- layer graphene fiber. Again, the claims require that the central axis comprise graphene fiber. The claims recite “the central axis comprises graphene fiber”. Nimer clearly teaches an implantable microelectrode device, a method of manufacturing the electrode device and a method of implanting the implantable device [0095]. Figures 1a-b illustrate an electrode device 10. Electrode device 10 comprises an electrically conductive core 12 coated by at least one electrically isolating layer 14. Conductive core 12 comprises a substrate 16 coated by one or more metallic layers 18 having a nanometric pattern thereon [0111]. The conductive core 12 further comprises a isolating layer 14 such as Parylene C™[0134]. See at least Figure 1a-1e.
The substrate 16 can be made of any conducting material such as a conductive polymer (e.g., carbon fiber) [0125]. Note [0128] of Nimer teaches a conductive polymer may comprise carbon nanotubes wherein the carbon nanotubes exist as SWNT, which can be considered as long wrapped graphene sheets, and MWNT which can be considered a collection of concentric SWNTs with different diameters. The metallic layer 18 may comprise Pt, Ir, iridium oxide, etc. as listed at [0126].
The intermediate layer (in the embodiment in which the conductive core comprises one or more intermediate layers), can comprise a transition metal layer which is preferably selected to increase the adhesion of the substrate and the metal alloy nitride compounds. Also contemplated, as an alternative to the aforementioned transition metal layer or in addition thereto, are one or more intermediate layers which comprise a porous conductive polymer of sufficiently high surface to volume ratio. Such layer can be made, at least in part of metal nanotubes and/or carbon nanotubes. Carbon nanotubes are widely used in the art of nanofabrication. Two major forms of carbon nanotubes exist, single-walled nanotubes (SWNT), which can be considered as long wrapped graphene sheets and multi walled nanotubes (MWNT) which can be considered as a collection of concentric SWNTs with different diameters. Also known are armchair bundles of metallic carbon nanotubes, all of which are contemplated to be used in intermediate layers 15 [0128]. See also [0120].
The conductive core is at least partially exposed at a tip 19 of the core 12 [0115]. FIGS. 1f-h are magnified images of a portion of electrode device in which the device comprises an intermediate layer 15 formed of nanotubes. Shown in FIG. 1f are a 30 mm section of tip 19 (FIG. 1f), a 350 nm section of the nanotubes of layer 15 (FIG. 1g) and a 70 nm section of metallic layer 18 coating intermediate layer 15. When the nanotubes comprise SWNT, it can be deposited on the substrate, for example, by a CVD process [0176].
Applicant argues Nimer does not teaches continuous, axially-aligned multi-layer planar architecture of a graphene fiber. However, this argument is not commensurate is scope with the claimed invention. The nanotubes of Nimer are graphene fibers. In addition, Examiner notes the claims no longer require the central axis to “consist of” graphene fiber. Furthermore, it is unclear how Applicant concludes the SWNT and/or MWNT of Nimer are not graphene fiber.
III. Applicant argues Nimer does not disclose or suggest that substrate 16 be made of graphene fiber, nor does it suggest that its substrate 16 be a multi-layer graphene-fiber core. Examiner disagrees. Nimer clearly teaches the substrate 16 may be a conductive polymer. Nimer teaches substrate 16 can be made of any conducting material, such as, but not limited to, a conductive metal, a conductive polymer (e.g., a carbon fiber), and the like. A conductive polymer substrate is preferred for small cores [0125]. Nimer clearly teaches conductive polymers may be metal nanotubes and/or carbon nanotubes. Carbon nanotubes are widely used in the art of nanofabrication. Two major forms of carbon nanotubes exist, single-walled nanotubes (SWNT), which can be considered as long wrapped graphene sheets and multi walled nanotubes (MWNT) which can be considered as a collection of concentric SWNTs with different diameters [0128]. Thus, Nimer teaches and suggests the conductive polymer of the substrate 16 may be SWNT and/or MWNT (made of graphene fiber).
Applicant does not appear to properly compare the disclosure of Nimer and the claimed invention, as recited by at least claim 1. Applicant has not shown the claimed “core” is structurally different from the electrode structure of Nimer. It is unclear how Applicant concludes Nimer does not disclose CNTs as the material forming the “core” of the electrode. Again, the claims require a “core” having a central axis comprising graphene fiber. The central axis and any other additional layers (“multi-layer”) form the “multi-layer” core having a central axis comprising graphene fiber. Applicant’s arguments do not appear to be commensurate in scope with the claimed invention. Again, claim 1 does not require “a structure where the entire central axis of the electrode consists of multi-layer graphene fiber”, as asserted by Applicant.
IV. Applicant argues nowhere in Nimer is graphene, in any form, disclosed as a structure element. It is unclear how Applicant reaches this conclusion regarding the teaching of Nimer. Applicant asserts Nimer relies on metallic substrates, generic carbon fibers, and CNT/polymer hybrids. However, this assertion is neither supported by Applicant nor representative of the teachings of Nimer. See the discussion of Nimer above.
Examiner notes at least [0008] of the present specification that discusses carbon nanotube fibers compared to conventional carbon fibers. The cited section discusses manufacturing method challenges.
V. Applicant argues a person skilled in the art would not interpret a CNT-coated metal core or a carbon fiber to inherently anticipate a multi-layer graphene fiber structure forming the central axis of an electrode. However, this assertion is neither supported by Applicant nor representative of the teachings of Nimer. See the discussion of Nimer above. Nimer teaches the conductive core 12 comprises a substrate 16 coated by one or more metallic layers 18 having a nanometric pattern thereon [0111]. The conductive core 12 further comprises a isolating layer 14 such as Parylene C™[0134]. See at least Figure 1a-1e.
The substrate 16 can be made of any conducting material such as a conductive polymer (e.g., carbon fiber) [0125]. Note [0128] of Nimer teaches a conductive polymer may comprise carbon nanotubes wherein the carbon nanotubes exist as SWNT, which can be considered as long wrapped graphene sheets, and MWNT which can be considered a collection of concentric SWNTs with different diameters. The metallic layer 18 may comprise Pt, Ir, iridium oxide, etc. as listed at [0126]. See also the Figures of Nimer.
Allowable Subject Matter
Claims 10-12, 14, 15 and 17 are allowed. Nimer does not teach the method for making an implantable electrode, as recited by at least claim 10.
Claim 10 requires the forming of a multi-layered graphene-fiber core using ordered graphene oxide sheets such that the central axis comprises graphene fiber. An electrically conductive layer is added to the multi-layered graphene fiber core and a separation layer is applied to the electrically conductive layer.
Conclusion
THIS ACTION IS MADE FINAL. 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 TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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/TRACY M DOVE/Primary Examiner, Art Unit 1725