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 § 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(s) 1-4, 6, 8, 10-12, 14-16, 18 and 20 is/are rejected under 35 U.S.C. 103 as being obvious over Sun et al (US 2017/0127944), and Baxi et al (US 2019/0209028), in view of Shamim et al (US 20180055359).
As to claims 1 and 15, Sun discloses a wearable sensor (temperature sensors 100 and/or 200, par.32-38, par.40 and par.53, fig.1-2) and a method of manufacturing the wearable sensor (par.55-70) for real-time human body temperature measurement, the method comprising:
providing a substrate (providing substrate 211, par.38, par.42, par.55 and par.65, fig.2);
printing a first electrode and a second electrode on the substrate (printing two electrodes 213 on substrate 211, par.38, par.39, par.42, par.55-65), wherein the second electrode is spaced apart from the first electrode (two electrodes with a distance of about 1 mm were printed using DuPont 5064H silver conductor material, par.55, as best seen in fig.2); and
printing a sensing film (printing Si—C film on substrate 211, par.38 and par.42, fig.2) on the substrate, wherein the sensing film is electrically and/or spatially disposed between the first electrode and the second electrode (par.38, par.39, par.42, par.55-65, as best seen in fig.2),
wherein a resistance between the first electrode and the second electrode changes in response to a change in temperature surrounding the sensing film (NTC thermistor 11 may operate for sensing a body temperature of a user who wears the temperature sensor 100. It is already known that the thermistor can have different resistances under different temperature, and so the sensed temperature can be determined through a detection of the varying resistance or a varying voltage across the NTC thermistor, par.33, end of par.45 and par.47-48, fig.9),
wherein the first electrode and the second electrode comprise silver micro-particles (electrodes 213 are made from silver, two interdigitated silver electrodes 213 in par.39-40, Two electrodes with a distance of about 1 mm were printed using DuPont 5064H silver conductor material and subsequently cured under ambient conditions. Afterwards, printing paste containing Si NPs and graphite flakes was printed with an area of 15 mm*20 mm, and a continuous film was made to cover above two Ag electrodes (as shown in FIG. 3) in par.55, and two interdigitated silver electrodes were deposited on a 50 μm-thick LCP substrate by screen printing using DuPont 5064H silver conductor in par.65-66)(Examiner respectfully notes that electrodes 213 are made from silver using DuPont 5064H method which uses silver microparticles).
As to claims 1 and 15, Sun teaches the invention substantially as claimed above, but failed to explicitly teach providing a first connecting pad on a portion of and electrically coupled to the first electrode; and providing a second connecting pad on a portion of and electrically coupled to the second electrode.
However, Baxi teaches an analogous wearable/patch sensor system (300/302, abstract, par.28, fig.3), wherein a first connecting pad on a portion of and electrically coupled to the first electrode (left side electrode 310 having trace 312 is connected/coupled to pad 320, Examiner respectfully notes: that pad 320 is placed on trace 312 which is a portion of electrode 320, par.34-36, fig.3); providing a second connecting pad on a portion of and electrically coupled to the second electrode (right side electrode 310 having trace 312 is connected/coupled to pad 320, Examiner respectfully notes: that pad 320 is placed on trace 312 which is a portion of electrode 320, par.34-36, fig.3).
Since electrode pads are well-known in the art, so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to couple an electrode pad to electrodes 213 taught by Sun’s invention, electrode pads 320 taught by Baxi’s invention, in order to connect/couple the electrodes with processing circuitry with reduces noise artifact, as taught by Baxi’s invention (par.36).
Still regarding claims 1 and 15, Sun/ Baxi combination teaches the invention substantially as claimed above, but failed to explicitly teach the first and second electrodes are made from silver nanoparticles. However, Shamim, in the same filed of endeavor teaches a wearable device having multiple sensors and electrodes that measures various physiological parameters from a subject (abstract), wherein the electrodes are made from silver nanoparticles (The sensor electrode can be printed with silver nanoparticles-based ink, par.7 and par.48-49).
Nevertheless, since silver nanoparticles electrodes are well-known in the art to measure physiological parameters, so it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use silver nanoparticles electrodes in Sun’s invention as the electrodes taught by Shamim’s invention, to measure various physiological parameters, such as temperature, pressure., etc. As silver nanoparticle electrodes provide more accurate and reliable measurements.
As to claims 2, 3 and 16, Sun discloses the wearable sensor and method, further comprising printing an encapsulation layer on the sensing film, the first electrode, and the second electrode to protect the sensing film, the first electrode, and the second electrode from an environmental factor (hybrid laminate layers 214 and 215 for encapsulating the Si—C film 212 and the electrodes 213, par.38-41, fig.2).
As to claim 4, sun disclose the wearable sensor, wherein the environmental factor comprises at least one of humidity and oxidation (encapsulating layers prevent moisture, par.38, par.40 and par.42).
As to claim 6, Sun discloses the wearable sensor, wherein the encapsulation layer is waterproof (Examiner respectfully notes that since encapsulating layers prevent moisture, so encapsulating layers must be waterproof, par.38, par.40 and par.42).
As to claims 8 and 18, Sun discloses the wearable sensor and method, wherein the sensing film comprises carbon black (Si—C film 212 is made from carbon nanocomposite materials, par.38 and par.40).
As to claim 10, Sun discloses the wearable sensor, herein the first electrode and the second electrode comprise an interdigital electrode (interdigitated silver electrodes 213, par.39, par.55 and par.66) having a comb-shaped arrangement (arrangement shown in fig.3, par.39).
As to claim 11, Sun discloses the wearable sensor, further comprising a detection/processing circuit (PCBA, par.34-35 and par.37, fig.1-2) configured to process the change of the resistance (par.33-34 and par.37).
As to claim 12, Sun discloses the wearable sensor, wherein the detection/processing circuit is configured to determine a human body temperature based on the change of the resistance (NTC thermistor 11 may operate for sensing a body temperature of a user who wears the temperature sensor 100. It is already known that the thermistor can have different resistances under different temperature, and so the sensed temperature can be determined through a detection of the varying resistance or a varying voltage across the NTC thermistor, par.33-35, end of par.45 and par.47-48, fig.9).
As to claim 14, Sun discloses the wearable sensor, wherein the change of the resistance is reversible (since the wearable sensors are used to track body temperature in real-time for a period of time, par.2, par.40, par.47-48 and par.53, so change in resistance must be reversible and changes according to the measured temperature, par.33, fig.9).
As to claim 20, Sun discloses the method, wherein at least one of the first electrode, the second electrode, and the sensing film is printed using a screen-printing technique or a 3D printing technique (at least the two electrodes are deposited on the substrate by screen printing, par.64-66).
Claim(s) 5 and 17 is/are rejected under 35 U.S.C. 103 as being obvious over Sun et al (US 2017/0127944), Baxi et al (US 2019/0209028), and Shamim et al (US 20180055359), in further view of Xu et al (US 2021/0077304).
As to claims 5 and 17, Sun/ Baxi/ Shamim combination discloses the encapsulation layer comprises and/or made from various materials (par.41 and par.43), but failed to explicitly teach the encapsulation layer comprises and/or made from polydimethylsiloxane.
However, Xu teaches an analogous fabricated wearable sensor that measures physiological parameters, such as body temperature (abstract, par.19-21, fig.1-2), wherein encapsulating layers surround the sensor or sensors of the flexible wireless device comprises polydimethylsiloxane (PDMS) (par.28 and claim 68).
As these types of encapsulating material are well known in the art, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. So it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to use laminate material made from polydimethylsiloxane in Sun’s invention, as taught by Xu’s invention, without changing its respective function of protecting the sensors and circuits from the moist or any other environmental factors, as taught by Xu’s invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being obvious over Sun et al (US 2017/0127944) and Baxi et al (US 2019/0209028), in view of Shamim et al (US 20180055359).
As to claim 7, Sun/ Baxi/ Shamim combination discloses the invention substantially as above, but failed to explicitly teach a detection temperature range of the wearable sensor is in a range of about 28° C. to about 50° C.
However, it would have been obvious to one having an ordinary skill in the art at the time the invention was made to allow temperature sensors 100/200 measure body temperatures in a range of about 28° C. to about 50° C, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art, In re Aller, 105 USPQ 233.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being obvious over Sun et al (US 2017/0127944), Baxi et al (US 2019/0209028), and Shamim et al (US 20180055359), in further view of Obi et al (US 20200281496).
As to claim 13, Sun/ Baxi/ Shamim combination discloses the invention as claimed above, but failed to explicitly teach the detection/processing circuit is configured to determine a respiration rate based on the change of the resistance.
However, Obi discloses an analogous wearable sensor (abstract, par.29-30, fig.1-2), comprising electrode array disposed on a substrate (par.29-32, fig.2), wherein the detection/processing circuit is configured to determine a respiration rate based on the change of the resistance (a low current may be provided to electrodes positioned across the patient's chest and to electrodes positioned across the patient' abdomen, and resistance changes measured over time may indicate the respiration rate, par.32).
As respiration rate monitoring resistance-based sensors are well-known in the art, and since the structural elements of the sensor taught by Obi’s invention is similar to the structural elements of the sensor taught by Sun’s invention, so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to allow/program the sensor taught by Sun’s invention to measure respiration rate, as taught by Obi’s invention, to measure more physiological data along with the measured temperature, in order to provide more reliable data about the patient.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 15 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MAY A ABOUELELA whose telephone number is (571)270-7917. The examiner can normally be reached 8-5.
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/MAY A ABOUELELA/Primary Examiner, Art Unit 3791