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 2, 10 and 14 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 2, line 2, “conductive filler” is unclear to how this relates to conductive filler cited in claim 1.
Claim 10, line 1, “he board” should be changed to --the board--.
Claim 14, lines 2-3, “a top portion and a bottom portion” is unclear to a top portion and a bottom portion of what element.
Claim 14, line 5, “contact pads” is unclear to how these pads relate to “a board contact pad” cited earlier in claim 1.
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.
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.
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 1-7, 9, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Berzowska et al. (2024/0196529) in view of Gaillard et al. (2011/0147673) and Shin et al. (2023/0328886).
Berzowska et al. discloses an apparatus (Fig. 4) comprising a textile base (multi) layer (1102-1106) integrated with an article of clothing; a conductive layer (1110) in communication with a base contact pad (1140) mounted on the base layer; an active electrode board (Figs 14-15) in electrical communication with the base contact pad, the active electrode board configured to receive or send electrical signals from the base contact pad; and a contact layer (1120) comprising an electrode knitted from a filament, wherein the contact layer is in electrical communication with the conductive layer, wherein the conductive layer is mounted on the base layer, wherein the active electrode board comprises a board contact pad (1166) configured to receive or send electrical signals from the base contact pad ([0105]), and wherein the base contact pad comprises a base contact surface configured to be in communication with a board contact surface of the board contact pad ([0105]) (re-claim 1).
Berzowska et al. does not disclose the filament/yarn comprising a thermoplastic elastomer blended with a conductive filler; and the base contact surface and the board contact surface having corresponding surface size (re-claims 1-2).
Gaillard et al. discloses an apparatus integrated with an article of clothing ([0101]) comprising a filament (fiber) which is comprised of a thermoplastic elastomer ([0060-0061]) blended with a conductive filler (conductive particle). It would have been obvious to one skilled in the art to use fiber material, as taught by Gaillard et al., for the filament/yarn of Berzowska et al. to improve the mechanical properties of the contact layer.
Shin et al. discloses an apparatus comprising a base contact pad (141a) having a base contact surface and a board contact pad (170) having a board contact surface, wherein the base contact surface and the board contact surface having corresponding surface size. It would have been obvious to one skilled in the art to modify the apparatus of Berzowska et al. such that the base contact surface and the board contact surface have corresponding surface size, as taught by Shin et al., to improve the electrical connection between the two components.
Re-claim 3, Barzowska et al. discloses the conductive layer (1110) comprising silver yarn ([0036]).
Re-claim 4, Barzowska et al. discloses the base contact pad (1140) comprising conductive knitted yarn.
Re-claim 5, it would have been obvious to one skilled in the art to use copper microwire in the conductive knitted yarn of Barzowska et al. to meet the specific use of the resulting apparatus since copper microwire is known in the art for being used in conductive knitted yarn.
Re-claim 6, Barzowska et al. discloses the base contact surface and the board contact surface having corresponding surface shape (round, Figs 2 and 6).
Re-claim 7, the base contact surface and the board contact surface of Barzowska et al. can be configured to be connected using a solder paste since they comprise structure and material as claimed.
Re-claims 9 and 10, Shin et al. discloses the apparatus comprising a coating (190) on an active electrode board (180a), wherein the coating exposes the board contact surface of the board contact pad. It would have been obvious to one skilled in the art to provide the active electrode board of Barzowska et al. with a coating, as taught by Shin et al., to protect the board from the environment.
Re-claim 13, the electrode (of the contact layer) in the apparatus of Barzowska et al. can be configured to convert ionic current at a skin-electrode interface to electrical signals when the electrode is coupled to a user since it comprises structure and material as claimed.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Barzowska et al. in view of Gaillard et al. and Shin et al. as applied to claim 7 above, and further in view of Crevenat et al. (2022/0189666).
Barzowska et al., as modified, discloses the invention substantially as claimed except for the solder paste being a low temperature, within a range of 130 to 170°C, solder. Crevenat et al. discloses an apparatus comprising a solder paste which is a low temperature, within a range of 130 to 170°C, solder ([0022]). It would have been obvious to one skilled in the art to use the solder as taught by Crevenat et al. for the solder paste in the modified apparatus of Barzowska et al. since such solder has low melting point.
Allowable Subject Matter
Claims 11 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot in view of new ground of rejection.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAU N NGUYEN whose telephone number is (571)272-1980. The examiner can normally be reached M-Th, 7am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N Hayman can be reached at 571-270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAU N NGUYEN/Primary Examiner, Art Unit 2841