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 .
Prosecution Reopened
In view of the appeal brief filed on April 2nd, 2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/JOANNE M RODDEN/ Supervisory Patent Examiner, Art Unit 3794
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18 line 3 recites “shaped particles” should read – --.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 6-7 is rejected under 35 U.S.C. 103 as being obvious over Hatakeyama et al. (US 20170323698 A1) herein referred to as “Hatakeyama” in view of Choi et al. (US 20120295052 A1) herein referred to as “Choi” further in view of Dietz et al. (US 20040204658 A1) herein referred to as “Dietz”.
Regarding claim 1, Hatakeyama discloses a transfer tape article (inventive bio-electrode 1, Figure 1, electroconductive base material 2, Paragraph [0077]); the conductive transfer tape layer (inventive bio-electrode 1, Figure 1, electroconductive base material 2, Paragraph [0077]); comprising: at least a first layer of adhesive comprising a first major surface and a second major surface (first major surface of adhesive layer 5 is in contact with electroconductive base material 2, second major surface is in contact with living body 6, Figure 1), and a discontinuous layer of electrically conductive particles (living body contact layer 3 comprises particles 4 which contact base material 2, Figure 1, Paragraph [0077]), and wherein the electrically conductive particles comprise shaped particles (living body contact layer 3 comprises particles 4 which contact base material 2, Figure 1, Paragraph [0077]), wherein the first layer of adhesive envelopes the electrically conductive particles (resin layer 5 envelopes the particles 4, Figure 1), and wherein at least one point of at least one of the electrically conductive particles protrudes from the second major surface of the conductive transfer tape layer (a side of the surface of each particle 4 comes out on the surface of the side that is in contact with a living body (i.e., the particles 4 are exposed convexly from the surface of the resin layer 5, in other words, the particles 4 protrude in convex shapes from the surface of the resin layer 5), and the opposite side of the surface of each particle 4 is in contact with the electro-conductive base material 2, Paragraph [0077], Figure 1).
However Hatakeyama does not explicitly disclose wherein the transfer tape article comprises: a release liner with a first major surface and a second major surface; and a conductive transfer tape layer with a first major surface and a second major surface, wherein the first major surface of the conductive transfer tape layer is adjacent to the second major surface of the release liner, wherein a portion of first major surface of the first adhesive layer is in contact with the second major surface of the release liner; wherein at least some of the electrically conductive particles are in contact with the second major surface of the release liner.
Choi embodiment 1 discloses a transfer tape article comprising: a release liner with a first major surface and a second major surface (release liner 206, Figure 3, Paragraph [0041]); and a conductive transfer tape layer with a first major surface and a second major surface (conductive, nonwoven adhesive layer 204, Figure 3, Paragraph [0041]), wherein the first major surface of the conductive transfer tape layer is adjacent to the second major surface of the release liner (the conductive nonwoven adhesive layer 204 is adjacent the second major surface of the release liner 206, Figure 3, Paragraph [0041]), the conductive transfer tape layer comprising: at least a first layer of adhesive comprising a first major surface and a second major surface (second adhesive layer 210 within the conductive, nonwoven adhesive layer 204, Figure 3, Paragraph [0041]), wherein a portion of first major surface of the first adhesive layer is in contact with the second major surface of the release liner (second adhesive layer within the conductive nonwoven adhesive layer 204 is in contact with the second major surface of the release liner 206, Figure 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Hatakeyama to incorporate the teaching of Choi embodiment 1 by including wherein the transfer tape article comprises: a release liner with a first major surface and a second major surface; and a conductive transfer tape layer with a first major surface and a second major surface, wherein the first major surface of the conductive transfer tape layer is adjacent to the second major surface of the release liner, wherein a portion of first major surface of the first adhesive layer is in contact with the second major surface of the release liner; wherein at least some of the electrically conductive particles are in contact with the second major surface of the release liner. The motivation to do so being to protect the conductive adhesive layer from dust and debris until ready for use (Choi, Paragraph [0036]).
However Hatakeyama in view of Choi embodiment 1 does not explicitly disclose wherein the electrically conductive particles comprise shaped particles with at least one point.
Dietz discloses an electrode that includes conductive particles that comprises particles with at least one point for penetrating skin (Figure 11, particles can be shaped as claimed and that they can be conductive due to material choice, Paragraphs [0051]-0052]).
It would have been obvious to one having ordinary skill in the art before the effective filing date to utilize the pointed shaping as taught by Dietz with the device of Choi. The motivation being to abrade the outer layer of skin to aid in signal acquisition (Dietz, Paragraph [0044]).
Regarding claim 6, Hatakeyama in view of Choi embodiment 1 and Dietz discloses the transfer tape article of claim 1.
Hatakeyama further discloses wherein at least one dimension of the shaped particles is 175-1,500 micrometers (average particles size is from 1 micrometer or more to 1000 micrometers or less, Paragraph [0043]).
Regarding claim 7, Hatakeyama in view of Choi embodiment 1 and Dietz discloses the transfer tape article of claim 6.
Hatakeyama discloses wherein the first adhesive layer has a thickness that is less than the at least one dimension of the shaped particles (a thickness of the resin layer is thinner than the average particle size of the particles, Paragraph [0013], it is preferable that the ratio of the thickness of the resin layer to the average particles size of the particles be 0.5 or more and 1.0 or less, Paragraph [0017]).
Hatakeyama discloses the claimed invention except for wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further it would have been obvious to use a lesser thickness for the first adhesive layer as disclosed by Hatakeyama to sufficiently hold the particles, efficiently prevent lowering of the electric conductivity due to separation of particles, and to expose the particles from the layer (Hatakeyama, Paragraphs [0018] and [0033]).
Claims 2, 4-5, and 8-9 are rejected under 35 U.S.C. 103 as being obvious over Hatakeyama in view of Choi embodiment 1 and Dietz further in view of Choi embodiment 2.
Regarding claim 2, Hatakeyama in view of Choi embodiment 1 and Dietz discloses the transfer tape article of claim 1.
Hatakeyama further discloses wherein the conductive transfer tape layer is a multi-layer construction (multi-layer construction, Figure 1).
However Hatakeyama does not explicitly disclose wherein the multi-layer construction comprising: a first adhesive layer and a second adhesive layer with a first major surface and a second major surface nor a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive, wherein the support layer envelopes the conductive particles; wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer.
Choi embodiment 2 discloses a first adhesive layer and a second adhesive layer with a first major surface and a second major surface (conductive adhesive layers 208, and 210, Figures 1A-1B and 3), and a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface (nonwoven adhesive layer comprises a conductive nonwoven substrate 18, Paragraph [0016], Figure 1B) wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive (adhesive material 20 containing metal particles 22 are disposed in the passageways or pores 24 of the conductive nonwoven substrate 18, Paragraph [0016]), wherein the support layer envelopes the conductive particles (adhesive material 20 containing metal particles 22 are disposed in the passageways or pores 24 of the conductive nonwoven substrate 18, Paragraph [0016]); wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer (given that the conductive adhesive layers 208, and 210 comprise the nonwoven substrate 18, the second adhesive layer would be in contact with the second major surface of the substrate 18 within layer 204, Figures 1A-1B and 3, Paragraphs [0016], [0041-0042], and Paragraph [0020]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Choi embodiment 1 and Dietz to incorporate the teachings of Choi embodiment 2 by including a first adhesive layer and a second adhesive layer with a first major surface and a second major surface and a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive, wherein the support layer envelopes the conductive particles; wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer. The motivation to do so being to create a conductive nonwoven adhesive layer comprising a nonwoven web as a support for the adhesive throughout the web (Choi, Paragraph [0018]).
Regarding claim 4, Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 discloses the transfer tape article of claim 2.
However Hatakeyama in view of Choi embodiment 1 and Dietz does not explicitly disclose wherein the support layer comprises an essentially continuous layer, comprising a film, a web, a sheet, or a foam.
Choi embodiment 2 discloses wherein the support layer comprises an essentially continuous layer, comprising a film, a web, a sheet, or a foam (nonwoven substrate 18, which is formed by a nonwoven web 17 (illustrated as a plurality of fibers 17), Figure 1B, Paragraph [0016]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Choi embodiment 1 and Dietz to incorporate the teachings of Choi embodiment 2 by including wherein the support layer comprises an essentially continuous layer, comprising a film, a web, a sheet, or a foam. The motivation to do so being to create a conductive nonwoven adhesive layer comprising a nonwoven web as support for the adhesive (Choi, Paragraph [0018]).
Regarding claim 5, Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 discloses the transfer tape article of claim 2.
However Hatakeyama in view of Dietz does not explicitly disclose wherein the first adhesive layer and the second adhesive layer both comprise a pressure sensitive adhesive.
Choi embodiment 1 further discloses wherein the first adhesive layer and the second adhesive layer both comprise a pressure sensitive adhesive (the method of preparing the single-sided tape 200 includes both layers comprising the pressure sensitive adhesive, Paragraph [0044]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 to incorporate the teachings of Choi embodiment 1 by including wherein the support layer comprises an essentially continuous layer, comprising a film, a web, a sheet, or a foam. The motivation to do so being to create tacky adhesive layer (Choi, Paragraph [0027]).
Regarding claim 8, Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 discloses the transfer tape article of claim 2.
Hatakeyama further discloses wherein at least one dimension of the shaped particles is 175-1,500 micrometers (average particles size is from 1 micrometer or more to 1000 micrometers or less, Paragraph [0043]).
Regarding claim 9, Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 discloses the transfer tape article of claim 8.
Hatakeyama discloses wherein the first adhesive layer has a thickness that is less than the at least one dimension of the shaped particles (a thickness of the resin layer is thinner than the average particle size of the particles, Paragraph [0013], it is preferable that the ratio of the thickness of the resin layer to the average particles size of the particles be 0.5 or more and 1.0 or less, Paragraph [0017]).
Hatakeyama discloses the claimed invention except for wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further it would have been obvious to use a lesser thickness for the first adhesive layer as disclosed by Hatakeyama to sufficiently hold the particles, efficiently prevent lowering of the electric conductivity due to separation of particles, and to expose the particles from the layer (Hatakeyama, Paragraphs [0018] and [0033]).
Claim 3 is rejected under 35 U.S.C. 103 as being obvious over Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 further in view of Dunagan et al. (US 20110130640 A1) herein referred to as Dunagan.
Regarding claim 3, Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 discloses the transfer tape article of claim 2.
However Hatakeyama in view of Dietz does not explicitly disclose wherein the release liner is in contact with at least one electrically conductive particle protruding from the second major surface of the conductive transfer tape layer and is also in contact with at least a portion of the second major surface of the conductive transfer tape layer.
Choi embodiment 1 discloses wherein the release liner is in contact with at least one electrically conductive particle protruding from the second major surface of the conductive transfer tape layer and is also in contact with at least a portion of the second major surface of the conductive transfer tape layer (second adhesive layer 210 including particles within the conductive nonwoven adhesive layer 204 and is in contact with the second major surface of the release liner 206, Figure 3, Paragraph [0042]).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 to incorporate the teaching of Choi embodiment 1 by including wherein the release liner is in contact with at least one electrically conductive particle protruding from the second major surface of the conductive transfer tape layer and is also in contact with at least a portion of the second major surface of the conductive transfer tape layer. The motivation to do so being to protect the conductive adhesive layer from dust and debris until ready for use (Choi, Paragraph [0036]).
However Choi embodiment 1 in view of Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 does not explicitly disclose wherein the transfer tape article further comprises a second release liner with a first major surface and a second major surface, wherein the first major surface of the second release liner is in contact with at least one electrically conductive particle protruding from the second major surface of the conductive transfer tape layer and is also in contact with at least a portion of the second major surface of the conductive transfer tape layer.
Dunagan discloses a first and second release liner on both sides of the transfer tape layer (a first skin side release liner 114 is secured to the conductive composition and a second release liner 116 is positioned to cover the contact layer 108, Paragraph [0042] and [0049]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 to incorporate the teachings of Dunagan by including wherein the transfer tape article further comprises a second release liner with a first major surface and a second major surface, wherein the first major surface of the second release liner is in contact with at least one electrically conductive particle protruding from the second major surface of the conductive transfer tape layer and is also in contact with at least a portion of the second major surface of the conductive transfer tape layer. The motivation to do so being to preserve the conductive and adhesive portions of the device (Dunagan, Paragraph [0058]).
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2.
Regarding claim 10, Choi embodiment 1 in view of Dietz, Derry, and Hatakeyama discloses the transfer tape article of claim 6.
However Hatakeyama in view of Choi embodiment 1 and Dietz does not explicitly disclose wherein the non-compressive shaped particles comprise ceramic particles.
Choi embodiment 2 discloses wherein the non-compressive shaped particles comprise ceramic particles (examples of suitable metal particles include ceramics, Paragraph [0033]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Choi embodiment 1, Dietz, and Choi embodiment 2 to incorporate the teachings of Choi embodiment 2 by including wherein the non-compressive shaped particles comprise ceramic shaped particles. The motivation to do so being to incorporate conductive metal particles within the adhesive layer for conducting signals (Choi, Paragraph [0033]).
Claims 11, 12, 16 and 18 are rejected under 35 U.S.C. 103 as being obvious over Hatakeyama in view of Dietz.
Regarding claim 11, Hatakeyama discloses an electrode comprising: a substrate with a conductive surface (inventive bio-electrode 1, Figure 1, electroconductive base material 2, Paragraph [0077]);
a conductive transfer tape layer with a first major surface and a second major surface wherein the first major surface of the conductive transfer tape layer is in contact with at least a portion of the conductive surface of the substrate (first major surface of adhesive layer 5 is in contact with electroconductive base material 2, Figure 1), the conductive transfer tape layer comprising: at least a first layer of adhesive comprising a first major surface and a second major surface (resin layer 5 has adhesive properties, Paragraph [0077], Figure 1), wherein a portion of first major surface of the first adhesive layer is in contact with the conductive surface of the substrate (first major surface of adhesive layer 5 is in contact with electroconductive base material 2, Figure 1); and
a discontinuous layer of electrically conductive particles (living body contact layer 3 comprises particles 4 which contact base material 2, Figure 1, Paragraph [0077]), and wherein the electrically conductive particles comprise shaped particles with at least one point, wherein the first layer of adhesive envelopes the electrically conductive particles (resin layer 5 envelopes the particles 4, Figure 1), and wherein at least one point of at least one of the electrically conductive particles protrudes from the second major surface of the conductive transfer tape layer (a side of the surface of each particle 4 comes out on the surface of the side that is in contact with a living body (i.e., the particles 4 are exposed convexly from the surface of the resin layer 5, in other words, the particles 4 protrude in convex shapes from the surface of the resin layer 5), and the opposite side of the surface of each particle 4 is in contact with the electro-conductive base material 2, Paragraph [0077], Figure 1).
However Hatakeyama does not explicitly disclose wherein at least one point of at least one of the electrically conductive particles protrudes from the second major surface of the conductive transfer tape layer.
Dietz discloses an electrode that includes conductive particles that comprises particles with at least one point for penetrating skin (Figure 11, particles can be shaped as claimed and that they can be conductive due to material choice, Paragraphs [0051]-0052]). It would have been obvious to one having ordinary skill in the art before the effective filing date to utilize the pointed shaping as taught by Dietz with the device of Hatakeyama. The motivation being to abrade the outer layer of skin to aid in signal acquisition (Dietz, Paragraph [0044]).
Regarding claim 12, Hatakeyama in view of Dietz discloses the electrode of claim 11.
Hatakeyama further discloses wherein the substrate comprises an electronic device (the bio-electrode 1 is connected to a sensor device (not shown, seen as electronic device) through the electro-conductive base material 2, Paragraph [0078], Figure 1).
Regarding claim 16, Hatakeyama in view of Dietz discloses the electrode of claim 11.
Hatakeyama further discloses wherein the first adhesive layer has a thickness that is less than the at least one dimension of the shaped particles (a thickness of the resin layer is thinner than the average particle size of the particles, Paragraph [0013], it is preferable that the ratio of the thickness of the resin layer to the average particles size of the particles be 0.5 or more and 1.0 or less, Paragraph [0017]).
Hatakeyama discloses the claimed invention except for wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further it would have been obvious to use a lesser thickness for the first adhesive layer as disclosed by Hatakeyama to sufficiently hold the particles, efficiently prevent lowering of the electric conductivity due to separation of particles, and to expose the particles from the layer (Hatakeyama, Paragraphs [0018] and [0033]).
Regarding claim 18, Hatakeyama in view of Dietz discloses the electrode of claim 16.
Hatakeyama further discloses wherein the electrically conductive particles comprises non-compressive shaped particles, further comprising ceramic shaped particles (the particles are preferably resin particles coated with silica and quartz, Paragraph [0086]).
Claims 13-15 and 17 are rejected under 35 U.S.C. 103 as being obvious over Hatakeyama in view of Dietz further in view of Dunagan.
Regarding claim 13, Hatakeyama in view of Dietz discloses the electrode of claim 11.
Hatakeyama discloses wherein the support layer envelopes the electrically conductive particles (resin layer 5 surrounds the particles 4, Figure 1). However Hatakeyama in view of Dietz does not explicitly disclose wherein the conductive transfer tape layer is a multi-layer construction comprising: a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive, wherein the support layer envelopes the electrically conductive particles; and a second adhesive layer with a first major surface and a second major surface, wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer.
Dunagan discloses an electrode (Abstract) that includes a transfer tape (contact layer 108, Paragraph [0044], Figures 1A-1D) wherein the transfer tape layer comprises a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface (hydrogel portion 108c that defines a strip extending between a first and second pressure sensitive adhesive portion, Figures 1A-1D, Paragraphs [0044-0045]) wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive (first pressure sensitive adhesive (PSA) portion 108a, Paragraph [0044], Figures 1A-1D); and a second adhesive layer with a first major surface and a second major surface (second pressure sensitive adhesive (PSA) portion 108b, Paragraph [0044], Figures 1A-1D), wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer (second adhesive layer contacts the other side of the support layer 108c, Figures 1A-1D, Paragraphs [0044-0045]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Dietz incorporate the teachings of Dunagan by including wherein the conductive transfer tape layer is a multi-layer construction comprising: a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive, wherein the support layer envelopes the electrically conductive particles; and a second adhesive layer with a first major surface and a second major surface, wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer. The motivation to do so being to allow for maximum conductivity (via layer 108c) while ensuring strong adhesion with the surrounding pressure sensitive adhesive layers (Dunagan, Paragraph [0048]).
Regarding claim 14, Hatakeyama in view of Dietz and Dunagan discloses the electrode of claim 13.
However Hatakeyama in view of Dietz does not explicitly disclose wherein the support layer comprises an essentially continuous layer, comprising a film, a web, a sheet, or a foam.
Dunagan discloses wherein the support layer comprises an essentially continuous layer, comprising a film, a web, a sheet, or a foam (hydrogel portion defines a strip (seen as a sheet or film) extending across electrode 100 to contact layer 108 into three sections, Paragraph [0045]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Dietz and Dunagan to incorporate the teachings of Dunagan by including wherein the support layer comprises an essentially continuous layer, comprising a film, a web, a sheet, or a foam. The motivation to do so being to allow for maximum conductivity (via layer 108c) while ensuring strong adhesion with the surrounding pressure sensitive adhesive layers (Dunagan, Paragraph [0048]).
Regarding claim 15, Hatakeyama in view of Dietz and Dunagan discloses the electrode of claim 13.
However Hatakeyama in view of Dietz does not explicitly disclose wherein the first adhesive layer and the second adhesive layer both comprise a pressure sensitive adhesive.
Dunagan discloses wherein the first adhesive layer and the second adhesive layer both comprise a pressure sensitive adhesive (contact layer 108 includes a first pressure sensitive adhesive (PSA) portion 108a, and a second pressure sensitive adhesive (PSA) portion 108b, Paragraph [0044], Figures 1A-1D).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Dietz and Dunagan to incorporate the teachings of Dunagan by including wherein the first adhesive layer and the second adhesive layer both comprise a pressure sensitive adhesive. The motivation to do so being to ensure strong adhesion with the pressure sensitive adhesive layers (Dunagan, Paragraph [0048]).
Regarding claim 17, Hatakeyama in view of Dietz and Dunagan discloses the electrode of claim 13.
Hatakeyama further discloses wherein the first adhesive layer has a thickness that is less than the at least one dimension of the shaped particles (a thickness of the resin layer is thinner than the average particle size of the particles, Paragraph [0013], it is preferable that the ratio of the thickness of the resin layer to the average particles size of the particles be 0.5 or more and 1.0 or less, Paragraph [0017]).
Hatakeyama discloses the claimed invention except for wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further it would have been obvious to use a lesser thickness for the first adhesive layer as disclosed by Hatakeyama to sufficiently hold the particles, efficiently prevent lowering of the electric conductivity due to separation of particles, and to expose the particles from the layer (Hatakeyama, Paragraphs [0018] and [0033]).
Claim 19 is rejected under 35 U.S.C. 103 as being obvious over Hatakeyama in view of Choi.
Regarding claim 19, Hatakeyama discloses a method of preparing an electrode comprising:
providing a substrate with a conductive surface (method for manufacturing a bioelectrode, the electro-conductive base material 2, Figure 3, Paragraph [0126]),
wherein the substrate comprises an electronic device (the bio-electrode 1 is connected to a sensor device (not shown, seen as electronic device) through the electro-conductive base material 2, Paragraph [0078], Figure 1);
providing a conductive transfer tape article with a first major surface and a second major surface wherein the conductive transfer tape article comprises (electro-conductive base material 2 is initially coated with a composition (resin layer material 5’) (part of contact layer 3 (seen as the conductive transfer tape), Paragraph [0126]):
and a conductive transfer tape layer with a first major surface and a second major surface (contact layer 3 comprises a first and second major surface, Figure 3D, Paragraph [0126]),
the conductive transfer tape layer comprising: at least a first layer of adhesive comprising a first major surface and a second major surface (resin layer 5’ has adhesive properties (seen as the first adhesive layer), Paragraph [0126], Figure 1); and
a discontinuous layer of electrically conductive particles (resin layer 5’ comprises the particles 4, Paragraph [0126])
and wherein the electrically conductive particles comprise shaped particles with at least one point, wherein the at least first layer of adhesive envelopes the electrically conductive particles (resin layer 5’ comprises the particles 4, Paragraph [0126], Figures 3a-3d), and wherein at least one point of at least one of the electrically conductive particles protrudes from the second major surface of the transfer tape layer (resin layer has a thickness equal to or less than the average particle size of the particles (i.e., conductive particles protrude from the second major surface opposite the electro-conductive base material 2, Paragraph [0126], Figure 3D);
and contacting first major surface of the conductive transfer tape article to the conductive surface of the substrate (electro-conductive base material 2 contacts the conductive transfer tape article 3, Paragraph [0126], Figures 3A-3D).
However Hatakeyama does not explicitly disclose a release liner with a first major surface and a second major surface; wherein the first major surface of conductive transfer tape layer is adjacent to the second major surface of the release liner, wherein a portion of first major surface of the first adhesive layer is in contact with the second major surface of the release liner; wherein at least some of the electrically conductive particles are in contact with the second major surface of the release liner, removing the release liner from the conductive transfer tape article to expose the first major surface of the conductive transfer tape layer.
Choi embodiment 1 discloses a conductive adhesive (Abstract) comprising a release liner with a first major surface and a second major surface (release liner 206, Figure 3, Paragraph [0041]); wherein the first major surface of conductive transfer tape layer is adjacent to the second major surface of the release liner (the conductive nonwoven adhesive layer 204 is adjacent the second major surface of the release liner 206, Figure 3, Paragraph [0041]), wherein a portion of first major surface of the first adhesive layer is in contact with the second major surface of the release liner (the conductive nonwoven adhesive layer 204 is adjacent the second major surface of the release liner 206, Figure 3, Paragraph [0041]); wherein at least some of the electrically conductive particles are in contact with the second major surface of the release liner (the conductive nonwoven adhesive layer 204 is adjacent the second major surface of the release liner 206, Figure 3, Paragraph [0041]), removing the release liner from the conductive transfer tape article to expose the first major surface of the conductive transfer tape layer (The release liner 16 is positioned along a surface of the conductive, nonwoven adhesive layer 14 and protects the conductive, nonwoven adhesive layer 14 from dust and debris until ready for use, when removed the adhesive layer 204 is exposed, Paragraph [0036]).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Hatakeyama to incorporate the teaching of Choi embodiment 1 by including a release liner with a first major surface and a second major surface; wherein the first major surface of conductive transfer tape layer is adjacent to the second major surface of the release liner, wherein a portion of first major surface of the first adhesive layer is in contact with the second major surface of the release liner; wherein at least some of the electrically conductive particles are in contact with the second major surface of the release liner, removing the release liner from the conductive transfer tape article to expose the first major surface of the conductive transfer tape layer. The motivation to do so being to protect the conductive adhesive layer from dust and debris until ready for use (Choi, Paragraph [0036]).
Claim 20 is rejected under 35 U.S.C. 103 as being obvious over Hatakeyama in view of Choi embodiment further in view of Dunagan.
Regarding claim 20, Hatakeyama in view of Choi embodiment 1 discloses the method of claim 19.
Hatakeyama further discloses wherein the first adhesive layer has a thickness that is less than the at least one dimension of the shaped particles (a thickness of the resin layer is thinner than the average particle size of the particles, Paragraph [0013], it is preferable that the ratio of the thickness of the resin layer to the average particles size of the particles be 0.5 or more and 1.0 or less, Paragraph [0017]).
Hatakeyama discloses the claimed invention except for wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the first adhesive layer has a thickness that is 25-250 micrometers less than the at least one dimension of the shaped particles, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further it would have been obvious to use a lesser thickness for the first adhesive layer as disclosed by Hatakeyama to sufficiently hold the particles, efficiently prevent lowering of the electric conductivity due to separation of particles, and to expose the particles from the layer (Hatakeyama, Paragraphs [0018] and [0033]).
However Hatakeyama does not explicitly disclose wherein the conductive transfer tape layer further comprises a support layer with a first major surface and a second major surface, wherein the first major surface of the support layer is in contact with the second major surface of the first adhesive layer, and a second adhesive layer with a first major surface and a second major surface, wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer.
Dunagan discloses an electrode (Abstract) that includes a transfer tape (contact layer 108, Paragraph [0044], Figures 1A-1D) wherein the transfer tape layer comprises a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface (hydrogel portion 108c that defines a strip extending between a first and second pressure sensitive adhesive portion, Figures 1A-1D, Paragraphs [0044-0045]) wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive (first pressure sensitive adhesive (PSA) portion 108a, Paragraph [0044], Figures 1A-1D); and a second adhesive layer with a first major surface and a second major surface (second pressure sensitive adhesive (PSA) portion 108b, Paragraph [0044], Figures 1A-1D), wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer (second adhesive layer contacts the other side of the support layer 108c, Figures 1A-1D, Paragraphs [0044-0045]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Hatakeyama in view of Choi embodiment 1 to incorporate the teachings of Dunagan by including wherein the conductive transfer tape layer is a multi-layer construction comprising: a continuous or a discontinuous conductive or non-conductive support layer with a first major surface and a second major surface wherein the first major surface of the support layer is in contact with the second major surface of the first layer of adhesive, wherein the support layer envelopes the conductive particles; and a second adhesive layer with a first major surface and a second major surface, wherein the first major surface of the second adhesive layer is in contact with the second major surface of the support layer. The motivation to do so being to allow for maximum conductivity (via layer 108c) while ensuring strong adhesion with the surrounding pressure sensitive adhesive layers (Dunagan, Paragraph [0048]).
Conclusion
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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