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 examiner acknowledges that no new claim amendments have been made, with claims 2 and 3 previously cancelled in prosecution. Claims 1 and 4-20 are currently pending in the present application. The following action is in response to the examiner interview held on April 14, 2026.
Claim Rejections - 35 USC § 103
In 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.
Claim(s) 1, 5, 7, 13, 15-16, 18-20 is/are rejected under 35 U.S.C. 103 as being anticipated by Boge (US Patent No 20190167198) in view of Pasveer (US Patent No 20080287767).
Regarding claim 1, Boge teaches a signal measurement circuit in a layer structure for a differential voltage measurement system to measure bioelectrical signals from a patient (see the electric signal processing system 1 which uses the capacitive electrodes 30 for signal measurement, [0050]), the signal measurement circuit comprising: a sensor electrode layer (see electrically conductive layer 61 which contains the sensor layer electrode, [0054]) connected via a sensor cable to a measurement amplifier circuit (connected to signal amplification component 83, [0056]) the sensor electrode layer being electrically conductive (layers 61 are formed of electrically conductive material, [0054]); an active shielding layer, which runs along a side of the sensor electrode layer that faces away from the patient (layer 62 is a guard layer which serves a shielding layer, [0054], found on the sensor side away from the patient) the active shielding layer being electrically conductive (layers 62 are formed of electrically conductive material, [0054]); and a first insulating layer that runs between the sensor electrode layer and the active shielding layer (see first insulating layer 64 which is found in between the sensor and shielding layers, fig 2).
Boge does not explicitly teach an electrically conductive shielding layer on a side of the active shielding layer that faces away from the sensor electrode layer, the electrically conductive shielding layer being separated from the active shielding layer by a second insulating layer; an electrically conductive ground electrode layer on a side of the electrically conductive shielding layer that faces away from the sensor electrode layer, the electrically conductive ground electrode layer being separated from the electrically conductive shielding layer by a third insulating layer and being separated from a surrounding environment by a fourth insulating layer.
However, the analogous biometric signal sensor structure disclosed by Pasveer does teach an electrically conductive shielding layer on a side of the active shielding layer that faces away from the sensor electrode layer (see from Pasveer, fig 3 and [0036], in which there is a sensor structure 21 that has an active guard shield 22 facing away from the sensor, wherein the guard shield 22 is equated to the active shielding layer, and see further in which there is a conductive shield 53 found on the other side of the active guard shield 22, equated to the present conductive shielding layer), the electrically conductive shielding layer being separated from the active shielding layer by a second insulating layer (see in which the guard shield 22 and the conductive shield 53 are separated by insulating layer 51, fig 3); an electrically conductive ground electrode layer on a side of the electrically conductive shielding layer that faces away from the sensor electrode layer (see the conductive ground plate 63, [0036], which is found on the side of the conductive layer 62 which is seen as the equivalent conductive shielding layer, see also fig 3), the electrically conductive ground electrode layer being separated from the electrically conductive shielding layer by a third insulating layer (see the third non-conductive layer 61 found in between the conductive shielding layer 62 and ground layer 63 which serves as an insulating layer, [0033]), and being separated from a surrounding environment by a fourth insulating layer, (see a fourth insulating layer 71 which protects from the environment, [0035], see also fig 3).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the signal measurement circuit which is disclosed by Boge, to contain the extra shielding, grounding and individualized insulation layers as taught by Pasveer, in order to result in an effective signal measurement sensor which contains extra layers to shield unnecessary noise and unwanted signals, as disclosed by Pasveer, [0035].
Regarding claim 5, Boge teaches the signal measurement circuit as claimed in claim 3, wherein at least one of the first insulating layer, the second insulating layer, the third insulating layer or the fourth insulating layer completely protrudes over at least one layer to be insulated (see the figure 2, in which the insulating layers 64, 65, and 66 have a built-in clearance 73 so that all the layers are completely insulated, [0054]).
Regarding claim 7, Boge teaches the signal measurement circuit as claimed in claim 3, wherein at least one of the sensor electrode layer, the active shielding layer, the further electrically conductive shielding layer, the electrically conductive ground electrode layer or at least one of the first insulating layer, the second insulating layer, the third insulating layer or the fourth insulating layer is fused or welded with at least one adjacent layer (Boge teaches wherein all the layers are adhesively bonded together and thereby the layers are all fused together, [0054]).
Regarding claim 13, Boge teaches the signal measurement circuit as claimed in claim 1, wherein the sensor electrode layer has a segment that is surrounded on both sides by the first insulating layer and the active shielding layer to form a section of the sensor cable (see fig 2 in which there is a contact link 69 which is part of the active conductive layer 62 which is used to be in contact with a cable to supply the electrode structure with conduction. The layer is covered on both sides with the first insulating layer 64 and the shielding layer 63, [0054]).
Regarding claim 15, Boge teaches a differential voltage measurement system to measure bioelectrical signals from a patient (see the electric signal processing system 1 which uses the capacitive electrodes 30 for signal measurement, [0050]), the differential voltage measurement system comprising: at least two signal measurement circuits each of the at least two signal measurement circuits corresponding to a signal pathway of the differential voltage measurement system (wherein there are two signal generators 21, 22 each corresponding to the electronic signal processing system 1, [0065], see also the figure 5), and at least one of the at least two signal measurement circuits including a sensor electrode layer (see electrically conductive layer 61 which contains the sensor layer electrode, [0054]) connected via a sensor cable to a measurement amplifier circuit (connected to signal amplification component 83, [0056]) the sensor electrode layer being electrically conductive (layers 61 are formed of electrically conductive material, [0054]), an active shielding layer, which runs along a side of the sensor electrode layer that faces away from the patient (layer 62 is a guard layer which serves a shielding layer, [0054], found on the sensor side away from the patient), the active shielding layer being electrically conductive (layers 62 are formed of electrically conductive material, [0054])and a first insulating layer that runs between the sensor electrode layer and the active shielding layer (see first insulating layer 64 which is found in between the sensor and shielding layers, fig 2).
Boge does not explicitly teach an electrically conductive shielding layer on a side of the active shielding layer that faces away from the sensor electrode layer, the electrically conductive shielding layer being separated from the active shielding layer by a second insulating layer; an electrically conductive ground electrode layer on a side of the electrically conductive shielding layer that faces away from the sensor electrode layer, the electrically conductive ground electrode layer being separated from the electrically conductive shielding layer by a third insulating layer and being separated from a surrounding environment by a fourth insulating layer.
However, the analogous biometric signal sensor structure disclosed by Pasveer does teach an electrically conductive shielding layer on a side of the active shielding layer that faces away from the sensor electrode layer (see from Pasveer, fig 3 and [0036], in which there is a sensor structure 21 that has an active guard shield 22 facing away from the sensor, wherein the guard shield 22 is equated to the active shielding layer, and see further in which there is a conductive shield 53 found on the other side of the active guard shield 22, equated to the present conductive shielding layer), the electrically conductive shielding layer being separated from the active shielding layer by a second insulating layer (see in which the guard shield 22 and the conductive shield 53 are separated by insulating layer 51, fig 3); an electrically conductive ground electrode layer on a side of the electrically conductive shielding layer that faces away from the sensor electrode layer (see the conductive ground plate 63, [0036], which is found on the side of the conductive layer 62 which is seen as the equivalent conductive shielding layer, see also fig 3), the electrically conductive ground electrode layer being separated from the electrically conductive shielding layer by a third insulating layer (see the third non-conductive layer 61 found in between the conductive shielding layer 62 and ground layer 63 which serves as an insulating layer, [0033]), and being separated from a surrounding environment by a fourth insulating layer, (see a fourth insulating layer 71 which protects from the environment, [0035], see also fig 3).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the signal measurement circuit which is disclosed by Boge, to contain the extra shielding, grounding and individualized insulation layers as taught by Pasveer, in order to result in an effective signal measurement sensor which contains extra layers to shield unnecessary noise and unwanted signals, as disclosed by Pasveer, [0035].
Regarding claim 16, Boge teaches the signal measurement circuit as claimed in claim 4, wherein at least one of the first insulating layer, the second insulating layer, the third insulating layer or the fourth insulating layer completely protrudes over at least one layer to be insulated (see the figure 2, in which the insulating layers 64, 65, and 66 have a built-in clearance 73 or protrusion so that all the layers are completely insulated, [0054]).
Regarding claim 18, Boge teaches the signal measurement circuit as claimed in claim 5, wherein at least one of the sensor electrode layer, the active shielding layer, the further electrically conductive shielding layer, the electrically conductive ground electrode layer or at least one of the first insulating layer, the second insulating layer, the third insulating layer or the fourth insulating layer is fused or welded with at least one adjacent layer (Boge teaches wherein all the layers are adhesively bonded together and thereby the layers are all fused together, [0054]).
Regarding claim 19, Boge teaches the signal measurement circuit as claimed in claim 4, wherein the sensor electrode layer has a segment that is surrounded on both sides by the first insulating layer and the active shielding layer to form a section of the sensor cable (see fig 2 in which there is a contact link 69 which is part of the active conductive layer 62 which is used to be in contact with a cable to supply the electrode structure with conduction. The layer is covered on both sides with the first insulating layer 64 and the shielding layer 63, [0054]).
Regarding claim 20, Boge teaches the signal measurement circuit as claimed in claim 5, wherein the sensor electrode layer has a segment that is surrounded on both sides by the first insulating layer and the active shielding layer to form a section of the sensor cable (see fig 2 in which there is a contact link 69 which is part of the active conductive layer 62 which is used to be in contact with a cable to supply the electrode structure with conduction. The layer is covered on both sides with the first insulating layer 64 and the shielding layer 63, [0054]).
Claim(s) 4, 6, 8, 10, 14, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boge (US Patent No 20190167198) in view of Pasveer (US Patent No 20080287767) further in view of Tagliaferro (US Patent No 20180338702).
Regarding claim 4, Boge and Pasveer teach the signal measurement circuit as claimed in claim 1.
Boge nor Pasveer teach wherein at least one of the sensor electrode layer, the active shielding layer, the electrically conductive shielding layer or the electrically conductive ground electrode layer has an area ranging from 9 cm2 to 64 cm2.
However, having a signal measurement circuit containing and active electrode shielding layer which falls within the variable range of 9 cm2 to 64 cm2- is common and well known to those skilled in the art. See for example the analogous shielded ring resonator used for detecting a bio signal measurement as taught by Tagliaferro which has a first shield structure 314 which may have a length and a width which falls between 3 to 100mm, [0029]. The resulting area range then falls between 0.9 to 100 cm^2 and therefore enclosed the claimed range limitation of the present application.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the signal measurement circuit and electrode structure taught by Boge and Pasveer to be of the same measurements and structural dimensions taught by Tagliaferro as it is another known electrode structure size known to one skilled in the art and it allows for effective placement and signal measurement when used for treatment as disclosed by Tagliaferro, [0029].
Regarding claim 6, the combination teaches the signal measurement circuit as claimed in claim 1, wherein at least one of the sensor electrode layer, the active shielding layer, the further electrically conductive shielding layer, the electrically conductive ground electrode layer, the first insulating layer, the second insulating layer, the third insulating layer or the fourth insulating layer has a layer thickness ranging from 50 um to 500 um (see Tagliaferro, in which the insulative layers can have a thickness between 1 to 2500 microns depending on the intended use, [0033], thereby teaching a range that encloses the claimed thickness limitation).
Regarding claim 8, the combination teaches the signal measurement circuit as claimed in claim 1, wherein at least one of the sensor electrode layer, the active shielding layer, the electrically conductive shielding layer or the electrically conductive ground electrode layer is formed from a carbon particle-enriched plastic (see Tagliaferro, in which the electrically conductive shielding layer can be formed of any copper, aluminum or any other suitable plastic or metal capable of being a conductor, [0029], therefore it would be obvious to use a conductive carbon particle-enriched plastic as claimed).
Regarding claim 10, the combination teaches the signal measurement circuit as claimed in claim 1, wherein at least one of the first insulating layer, the second insulating layer, the third insulating layer or the fourth insulating layer is formed of a plastic (see Tagliaferro, in which the insulative layers can be comprised of any suitable electrically insulative material such as rubber tape or plastic, [0033], therefore it would be obvious to use a plastic material as claimed).
Regarding claim 14, the combination teaches the signal measurement circuit as claimed in claim 13, wherein the section of the sensor cable has a length ranging from 20 cm to 200 cm and a width ranging from 2 cm to 6 cm (Tagliaferro which has a first shield structure 314 that connects to a sensor cable which may have a length and a width which falls between 3 to 100cm, [0029]).
Regarding claim 17, the combination teaches the signal measurement circuit as claimed in claim 5, wherein at least one of the sensor electrode layer, the active shielding layer, the electrically conductive shielding layer, the electrically conductive ground electrode layer, the first insulating layer, the second insulating layer, the third insulating layer or the fourth insulating layer has a layer thickness ranging from 50 um to 500 um (see Tagliaferro, in which the insulative layers can have a thickness between 1 to 2500 microns depending on the intended use, [0033], thereby teaching a range that encloses the claimed thickness limitation).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boge (US Patent No 20190167198) in view of Pasveer (US Patent No 20080287767) further in view of Veenstra (US Patent No 20210030293 ).
Regarding claim 9, Boge and Pasveer teach the signal measurement circuit as claimed in claim 1.
The combination does not teach wherein the sensor electrode layer has a surface resistance ranging from 10 kohm to 100 kohm.
However, having sensor electrodes with surface resistance ranging from 10 kohm to 100 kohm is obvious and well known in the art. See for example the analogous ECG electrode system used for measuring bio-signals taught by Veenstra, in which it is disclosed that the sensor resistor may have a resistance of at least 2 k-ohms, but in particular 2 to 50 k-ohms, [0032]. Thereby, as the discloses range encompasses the claimed limitation range, the prior art of Veenstra teaches the present claim language.
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the signal measurement circuit as taught by Boge and Pasveer, to have the sensor resistance range taught by Veenstra as it is a well-known sensor resistance range in the art, and allows for accurate conductive pulses and measurement readings by the electrode, as disclosed by Veenstra, [0064].
Claim(s) 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boge (US Patent No 20190167198) in view of Pasveer (US Patent No 20080287767) further in view of Chung (US Patent No 20200370972).
Regarding claim 11, Boge and Pasveer teach the signal measurement circuit as claimed in claim 1.
The combination does not teach wherein the first insulating layer and the second insulating layer have a volume resistance ranging from 50 Mohm to 50 Gohm.
However, having the insulative layers of sensor electrode components defined as having a resistance ranging from 50 Mohm to 50 Gohm is obvious and well known to those skilled in the art. See for example, the analogous sensor electrode with fibrous insulative layers taught by Chung, in which Chung describes the insulative layers used in the apparatus to all be of electrical resistance greater than 1 G-ohm, [0035]. In which the 1 G-ohm resistance overlaps and therefore teaches the range from 50 Mohm to 50 Gohm as claimed.
Therefore, it would be obvious for one skilled in the art prior to the effective filing date to combine the signal measurement circuit of Boge and Pasveer to teach the insulative layers having a resistance ranging from 50 Mohm to 50 Gohm as disclosed by Chung as it is an obvious resistance range used in the art to effectively isolate the sensor from other electrical components or interference as taught by Chung, [0035].
Regarding claim 12, the combination teaches the signal measurement circuit as claimed in claim 1, wherein the third insulating layer has a volume resistance ranging from 1 Gohm to 100 Gohm (see Chung, which describes the insulative layers used in the apparatus to all be of electrical resistance greater than 1 G-ohm, [0035]).
Response to Arguments
Applicant’s arguments, see remarks, filed 04/27/2026, with respect to the rejection(s) of claim(s) 1 and 15 under Boge have been fully considered and are persuasive as agreed upon in the examiner interview dated April 14, 2026. Therefore, the previous rejection with incorrect claim mapping has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly mapped art of Boge in view of Pasveer.
In regards to the argument presented that the prior art of Boge did not reasonably teach or suggest that a secondary shielding layer is present in the disclosure, but rather the layer 63 of Boge, relied upon in the previous rejection, taught a reference potential layer has been considered and found persuasive as agreed upon in the interview. However, after further consideration of the prior art of record, it has been found that the previously used prior art of Pasveer does reasonably teach multiple shielding layers stacked on top of the sensing apparatus as presently claimed. Specifically, Pasveer does disclose an electrically conductive shielding layer on a side of the active shielding layer that faces away from the sensor electrode layer (see from Pasveer, fig 3 and [0036], in which there is a sensor structure 21 that has an active guard shield 22 facing away from the sensor, wherein the guard shield 22 is equated to the active shielding layer, and see further in which there is a conductive shield 53 found on the other side of the active guard shield 22, equated to the present conductive shielding layer), the electrically conductive shielding layer being separated from the active shielding layer by a second insulating layer (see in which the guard shield 22 and the conductive shield 53 are separated by insulating layer 51, fig 3). Therefore, as the prior art of Pasveer does disclose the previous deficiencies of the prior art of Boge, the claims 1 and 15 remain rejected under the newly considered prior art of record rejection of Boge in view of Pasveer set forth in the present office action.
As no further arguments and remarks have been made in regards to any of the other dependent claims, they too remain rejected under the new prior art of record set forth in the present office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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/KYLE M. BROWN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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