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 .
Response to Amendment
The amendment filed 03/26/2026 has been entered. Claims 1-4, 7-8 & 13-14 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 12/29/2025.
Response to Arguments
Applicant's arguments with respect to claims 1-4, 7-8 & 13-14 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 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.
Claim 1-4, 7-8 & 13 are rejected under 35 U.S.C 103 as being unpatentable over Woo et al (US 20190328276) herein referred to as Woo and Morimoto (US 20080271933) herein referred to as Morimoto in further view of Liu (US 20150119677) herein referred to as Liu.
Regarding Claim 1, Woo discloses An electrode band for electrical impedance tomography (EIT) (Figure 2A; Abstract), comprising: an elastic band body(Figure 4A-4C, Paragraph [0136]) configured to be fixed around a thoracic cavity of a measured object in operation (Figure 4D) and be provided with a first surface (Figure 4B, 33) and a second surface which are oppositely disposed (Figure 4C, 34); and a plurality of electrodes fixed on the first surface (Figure 4B, 20) and configured to be in contact with a skin of the thoracic cavity and be uniformly distributed around the thoracic cavity and all located on a same tomographic surface of the thoracic cavity due to elasticity of the band body (Figure 4D, 20); a male buckle (Figure 3A, 22), which is connected and in contact with an outermost layer of the inner core layer (Figure 3A; wherein male buckle 22 is in contact with the outermost layer of the inner core electrode 21), wherein that the male buckle penetrates through the band body and is exposed on the second surface (Figure 4C, 22). However, Woo does not explicitly disclose each of said electrodes comprising: a flexible printed circuit layer; two independent copper foil layers, bonded to a top surface and a bottom surface of the flexible printed circuit layer by hot pressing, respectively, wherein the two independent copper foil layers and the flexible printed circuit layer together form an inner core layer; and a conductive silica gel, which covers the inner core layer.
Morimoto discloses an electrode (Figure 3) comprising: a flexible printed circuit layer (Figure 3, 4; Paragraph [0059]; wherein layer 4 is made up of an flexible printed circuit layer); two independent copper foil layers (Figure 3, 5 & 6; Paragraph [0059]; wherein copper foils are attached to the inside of conductive films 5 & 6), bonded to a top surface and a bottom surface of the flexible printed circuit layer (Figure 3), wherein the two independent copper foil layers and the flexible printed circuit layer together form an inner core layer (Figure 3, 4, 5 & 6; wherein when combined are seen as an inner core layer). The recitation of “hot-pressing” is regarded as a product-by-process limitation. “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrode taught by Woo to be the structure as taught by Morimoto. The motivation being a simple substitution of one know electrode, the electrode taught by Woo, for another, the electrode taught by Morimoto to obtain successful results of measuring a signal (MPEP 2143 (B)).
Liu discloses a wearable electrode clothing (Figure 1) comprising a conductive silica gel (Figure 9;Paragraph [0036]; wherein 094 is filled with a silica gel that covers the PCB), which covers the inner core layer (Figure 9;Paragraph [0036]; wherein 094 is filled with a silica gel that covers the PCB which is seen as the inner core layer), so that the male buckle penetrates through the band body and is exposed on the second surface (Figure 9, 093; Paragraph [0036]; wherein male buckle 093 passes through the elastic pad and inner lining to connect to the female buckle). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrode as taught by Woo and Morimoto to include a conductive silica gel as taught by Liu. The motivation being the silica gel ensures waterproof abilities of the inner core (Liu, Paragraph [0036]).
Regarding claim 2, Woo and Morimoto in further view of Liu disclose the electrode band according to claim 1. Woo also discloses wherein the band body is made of one, or a combination of at least two, of an elastic fabric, an elastic silica gel, and an elastic belt (Paragraph [0136]; wherein , the electrode belt is made of an elastic material such as fiber, silicon and the like polymeric compound).
Regarding claim 3, Woo and Morimoto in further view of Liu disclose the electrode band according to claim 1. Woo also discloses wherein the electrodes are arranged uniformly or non-uniformly in at least one row on the first surface along a length direction of the band body (Figure 4B, 20).
Regarding claim 4, Woo and Morimoto in further view of Liu disclose the electrode band according to claim 1. Woo also discloses further comprising: a first connecting structure provided on the first surface (Figure 4B, 32); and a second connecting structure provided on the second surface and detachably connected to the first connecting structure (Figure 4C, 32; Paragraph [0137]).
Regarding claim 7, Woo and Morimoto in further view of Liu disclose the electrode band according to claim 1. Woo also discloses wherein the inner core layer is provided with multiple through holes (Figure 3A; wherein the thru holes are wherein 22 penetrates through 23). Liu also discloses wherein the conductive silica gel covers the inner core layer and the through holes to form an integral conductive electrode structure which has an increased contact area and is not easy to delaminate (Figure 9; Paragraph [0036]; wherein silica gel covers thru hole of 092 such that it is seen to form an integral conductive electrode structure by containing multiple components such as 093 and 094 which would have an increased contact area and is seen as not easy to delaminate since it is disclosed to be waterproof therefore no water is able to get in or out such that it would not be easy to delaminate). Applicant is reminded that if the device is being claimed then this is seen as a product by process and therefore if the same structure is found the process to obtain that structure is negligible. See MPEP § 2173.05(p) & §2113
Regarding claim 8, Woo and Morimoto in further view of Liu disclose the electrode band according to claim 1. Liu also discloses wherein the conductive silica gel has a portion located outside an outer periphery of the inner core layer (Figure 9; wherein gel will encompass the top of 093); and wherein each of the electrodes is mechanically fixed onto the band body by utilizing a thread that penetrates the band body and said portion of the conductive silica gel (Figure 9, 093; wherein electrodes are fixed onto fabric lining 096 by utilizing thread of 093). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrode as taught by Woo and Morimoto to include a conductive silica gel as taught by Liu. The motivation being the silica gel ensures waterproof abilities of the inner core (Liu, Paragraph [0036]).
Regarding claim 13, Woo and Morimoto in further view of Liu disclose an electrical impedance imaging device (Woo, Figure 1), comprising the electrode band according to claim 1 (See claim 1 above), a feed line (Woo, Figure 2B, 61), and an electrical impedance imaging terminal (Woo, Figure 1, 133), wherein the feed line comprises an electrode feed line (Woo, Figure 2B, 61), having one end which is adapted for being electrically connected to an electrical impedance imaging terminal (Woo, Figure 2A; wherein 61 is not labeled but is seen being attached to 100; Figure 1; wherein electrode elements are electrically connected to voltage measuring system which is connected to the electrical impedance imaging terminal 133) and an other end provided with multiple electrode interfaces (Woo, Figure 2B; wherein 61 is provided with multiple electrode interfaces 61a), wherein the electrode interfaces are provided with female buckles which is adapted for being buckled with the male buckles on the electrode band to realize electrical connection (Woo, Figure 2B; Paragraph [0131]; wherein male buckle 22 is connected to the electrode interfaces such that they would have to contain a female buckle on 61A to be able to connect).
Claims 14 is rejected under 35 U.S.C 103 as being unpatentable over Woo, Morimoto and Liu in further view of Holzhacker et al. (US 2009084674) herein referred to as Holzhacker.
Regarding claim 14, Woo and Morimoto in further view of Liu disclose the electrode band according to claim 13 wherein the electrode interface is provided with the female buckle (Woo, Figure 2B; Paragraph [0131]; wherein male buckle 22 is connected to the electrode interfaces such that they would have to contain a female buckle on 61A to be able to connect). However, Woo and Morimoto in further view of Liu does not explicitly discloses wherein the electrode feed line comprises: a Type-I feed line, having one end which is adapted for being connected to the electrical impedance imaging terminal and the other end extending and splitting to form two sub interfaces; and two Type-II feed lines, each having one end connected to the sub interface and the other end extending and splitting into two branches, wherein each branch is provided with at least one electrode interface.
Holzhacker discloses an electrical impedance imaging device (Figure 7) wherein the electrode feed line comprises: a Type-I feed line (Figure 1, 30), having one end which is adapted for being connected to the electrical impedance imaging terminal and the other end extending and splitting to form two sub interfaces (Figure 7; 30); and two Type-II feed lines (Figure 7, 32; wherein 30 splits into 6 type-II lines), each having one end connected to the sub interface and the other end extending and splitting into two branches (Figure 7, 32; wherein 30 splits into 6 type-II lines), wherein each branch is provided with at least one electrode interface (Figure 7, 33), and wherein the electrode interface is provided with the female buckle (Figure 12, 25 & 22; Paragraph [0072]; wherein adhesive element 25 retains the seating ring 22 of an electrode against the lower face of the band). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical band taught by Woo and Morimoto in further view of Liu to be a part of an electrical impedance imaging device as taught by Holzhacker. The motivation being allows visualizing and monitoring a cross-section of parts of the human body, by capturing its electrical potential (Holzhacker, Paragraph [0002]).
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 ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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