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 .
Claim Rejections - 35 USC § 112
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.
Claims 7 and 9 are 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 when the sweat sensor is used to detect sweat, a conductance square wave curve is obtained according to a conductance value of sweat passing through the first through hole recorded by the conductive electrode, wherein a real-time total sweat electrolyte concentration and a total sweat volume are simultaneously obtained through the conductance square wave curve; and wherein an amplitude of the conductance square wave curve is correlated with the real-time total sweat electrolyte concentration in the first through hole, and the total sweat volume and a sweat rate of sweat passing through the first through hole are correlated with a time difference between conductance square waves in the conductance square wave curve” in lines 1-10, which are action steps in an apparatus claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it creates confusion as to when direct infringement occurs. (MPEP 2173.05(p) citing In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011)).
Claim Rejections - 35 USC § 103In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-11 rejected under 35 U.S.C. 103 as being unpatentable over Zevenbergen et al. (US20140012114A1; hereinafter known as “Zevenbergen”) .
First Interpretation
Regarding claim 1, Zevenbergen teaches a sweat sensor (See Zevenbergen [0017][0041], sweat sensing electrodes), comprising: a sweat-guiding electrode layer comprising an insulating layer (See Zevenbergen [0047], the first insulating layer 110 and the second insulating layer 112), a conductive electrode (the second electrode 106 or the first electrode 104 and material 108) provided in the insulating layer and a first through hole (See Zevenbergen [0047], the flow channel 114), wherein the first through hole goes through the insulating layer and the conductive electrode (See Zevenbergen Figure 1, there is a flow channel 114 in between the layers [0047-0048]); a water-absorbing diffusion layer wherein the water-absorbing diffusion layer covers the second through hole (See Zevenbergen [0053], an absorbent layer 116).
Zevenbergen teaches the use of an adhesive layer on the device so as to attach the device to the skin and to provide, via pores, a route through which the fluid may flow to the sensing devices (paragraph 0058 of Zevenbergen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide the embodiment of FIG. 1 of Zevenbergen with an adhesive layer as taught by Zevenbergen so that the device may be attached to the skin and provide, via pores, a route through which the fluid may flow. The pores are the second through holes and these holes necessarily communicate with the flow channel 114.
Regarding claim 2, Zevenbergen teaches or suggests that the central axis of the first through hole coincides with a central axis of the second through hole (the pores of the adhesive layer are disposed above the flow channel 114 so as to result in this configuration). Regarding claim 3, Zevenbergen teaches the conductive electrode comprises a first electrode and a second electrode, the first electrode and the second electrode are located on a same plane, and the central axis of the electrode through hole of the first electrode, a central axis of an electrode through hole of the second electrode, and the central axis of the first through hole coincide with each other (See Zevenbergen [0047] and Figure 1, the first electrode 104 and the material 108 are different electrodes and portions of these elements are located in the same plane with the flow channel 114 through them being coincided).
Regarding claim 4, Zevenbergen teaches that the conductive electrode comprises a first electrode and a second electrode, wherein the first electrode and the second electrode are located on different planes, and a central axis of an electrode through hole of the first electrode, a central axis of an electrode through hole of the second electrode, and the central axis of the first through hole coincide with each other (the first electrode 104 and the material 108 are different electrodes and portions of these elements are located on different planes with the flow channel 114 through them being coincided) Regarding claim 8, Zevenbergen teaches a sweat sensing system (See Zevenbergen [0017][0041], sweat sensing electrodes), wherein the sweat sensing system comprises: a sweat-guiding electrode layer comprising an insulating layer (See Zevenbergen [0047], first insulating layer 110), a plurality of conductive electrodes provided in the insulating layer and a plurality of first through holes, wherein each of the first through holes goes through the insulating layer and a corresponding one of the conductive electrodes ((See Zevenbergen [0047], second insulating layer 112); which is provided on the insulating layer and is provided with a plurality of second through holes (See Zevenbergen [0047], second insulating layer 112), wherein the second through holes are communicated with the first through holes in one-to-one correspondence (See Zevenbergen Figure 1, there is a flow channel in between the layers [0047-0048]); a water-absorbing diffusion layer (Zevenbergen [0053],an absorbent layer). Zevenbergen teaches the use of an adhesive layer on the device so as to attach the device to the skin and to provide, via pores, a route through which the fluid may flow to the sensing devices (paragraph 0058 of Zevenbergen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide the embodiment of FIG. 1 of Zevenbergen with an adhesive layer as taught by Zevenbergen so that the device may be attached to the skin and provide, via pores, a route through which the fluid may flow. The pores are the second through holes and these holes necessarily communicate with the flow channel 114. Regarding claim 9, Zevenbergen teaches each conductive electrode comprises a first electrode and a second electrode, the first electrode and the second electrode of each conductive electrode are located on different planes, the first electrodes of various conductive electrode are located on the same plane, the second electrodes of various conductive electrode are located on the same plane, and the central axis of the electrode through hole of the first electrode, the central axis of the electrode through hole of the second electrode and the central axis of the corresponding first through hole of each conductive electrode coincide with each other (See Zevenbergen [0047] and Figure 1, the first electrode and second electrode are located on top of one another. First electrode 104 and second electrode 106 are parallel therefore on the same plane and have a hole going through them in the center for the flow channel); the plurality of conductive electrodes are arranged in an array (See Zevenbergen Figure 2C), the first electrodes of the conductive electrodes in the same row are connected together, and the second electrodes of the conductive electrodes in the same row are connected together (See Zevenbergen Figure 2C).
Second Interpretation
Regarding claim 1, Zevenbergen teaches a sweat sensor (See Zevenbergen FIG. 4, sweat sensing electrodes), wherein the sweat sensor comprises: a sweat-guiding electrode layer comprising an insulating layer (See Zevenbergen [0047], the first insulating layer 410 and the second insulating layer 412), a conductive electrode (the second electrode 406 or the first electrode 404 and material 408) provided in the insulating layer and a first through hole (See Zevenbergen [0047], the flow channel 414), wherein the first through hole goes through the insulating layer and the conductive electrode (See Zevenbergen Figure 4, there is a flow channel 414 in between the layers); a water-absorbing diffusion layer which covers the second through hole (See Zevenbergen [0053], an absorbent layer 422 which is clearly the equivalent of the absorbent layer 116).
Zevenbergen teaches the use of an adhesive layer on the device so as to attach the device to the skin and to provide, via pores, a route through which the fluid may flow to the sensing devices (paragraph 0058 of Zevenbergen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide the embodiment of FIG. 4 of Zevenbergen with an adhesive layer as taught by Zevenbergen so that the device may be attached to the skin and provide, via pores, a route through which the fluid may flow. The pores are the second through holes and these holes necessarily communicate with the flow channel 414. Regarding claim 5, Zevenbergen teaches the sweat sensor comprising a contact layer provided on a surface of the insulating layer facing away from the adhesive layer, wherein the contact layer is provided with a third through hole communicated with the first through hole (See Zevenbergen [0084], a third insulating layer 420 which has a hole through the middle as well). Regarding claim 6, Zevenbergen teaches a central axis of the first through hole coincides with a central axis of the third through hole (See Zevenbergen Figure 4 ).
Regarding claim 7, the recitations of claim 7 do not list any further physical or structural limitation from those listed in claim 1 from which claim 7 depends. As such, there is no limitation of claim 7 that distinguishes the claimed sensor from the combination of Zevenbergen. Regarding claim 8, Zevenbergen teaches a sweat-guiding electrode layer comprising an insulating layer (See Zevenbergen [0047], the first insulating layer 410 and the second insulating layer 412), a plurality of conductive electrodes provided in the insulating layer (the second electrode 406 or the first electrode 404 and material 408), and a plurality of first through holes, wherein each of the plurality of first through holes goes through the insulating layer and a corresponding one of the conductive electrodes (See Zevenbergen [0047], the flow channel 414); a plurality of second through holes, and wherein the plurality of second through holes are communicated with the plurality of first through holes in one-to-one correspondence (See Zevenbergen Figure 4); and a water-absorbing diffusion layer, which is provided on the adhesive layer, wherein the water-absorbing diffusion layer and covers the plurality of second through holes (See Zevenbergen [0053], an absorbent layer 422 which is clearly the equivalent of the absorbent layer 116). Zevenbergen teaches the use of an adhesive layer on the device so as to attach the device to the skin and to provide, via pores, a route through which the fluid may flow to the sensing devices (paragraph 0058 of Zevenbergen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide the embodiment of FIG. 4 of Zevenbergen with an adhesive layer as taught by Zevenbergen so that the device may be attached to the skin and provide, via pores, a route through which the fluid may flow. The pores are the second through holes and these holes necessarily communicate with the flow channel 414. Regarding claim 10, Zevenbergen the sweat sensing system further comprising contact layer, which is provided on a surface of the insulating layer (See Zevenbergen [0084], a third insulating layer which has a hole through the middle as well) wherein the contact layer is provided with a plurality of third through holes, and the third through holes are communicated with the plurality of first through holes in one-to-one correspondence (See Zevenbergen Figure 4, the layers are communicated with one another by the holes that pass through each electrode, the flow channel connects the layers see [0053]). Zevenbergen is silent to the insulating layer facing away from the adhesive layer. Zevenbergen teaches the use of an adhesive layer on the device so as to attach the device to the skin and to provide, via pores, a route through which the fluid may flow to the sensing devices (paragraph 0058 of Zevenbergen). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide the embodiment of FIG. 1 of Zevenbergen with an adhesive layer as taught by Zevenbergen so that the device may be attached to the skin and provide, via pores, a route through which the fluid may flow. The pores are the second through holes and these holes necessarily communicate with the flow channel 114.
Regarding claim 11, Zevenbergen teaches a contact layer provided on a surface of the insulating layer facing away from the adhesive layer , wherein the contact layer is provided with a plurality of third through holes, and the plurality of third through holes (See Zevenbergen [0084], a third insulating layer 420 which has a hole through the middle as well) are communicated with the plurality of first through holes in one-to-one correspondence (See Zevenbergen Figure 4, the layers are communicated with one another by the holes that pass through each electrode, the flow channel connects the layers see [0053]). ConclusionAny inquiry concerning this communication or earlier communications from the examiner should be directed to Meghan R Kumar whose telephone number is (571)272-7125. The examiner can normally be reached Monday-Friday, 8a.m - 5p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at 571-272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.R.K./ Examiner, Art Unit 3791
/MATTHEW KREMER/ Primary Examiner, Art Unit 3791
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