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 .
In light of the amendments to the claims filed 04/13/2026 in which claims 15, 19, 22, 24, 26-27, 29, and 32 were amended, claims 18, 25, 31 were cancelled, and claims 36-38 added, claims 15, 17, 19-24, 26-30, and 32-38 are pending in the instant application and are examined on the merits herein.
Priority
The instant application is a continuation of U.S. Application no. 16/955,046 filed 06/18/2020 which is a 371 of PCT/DK2018/050392 filed 12/20/2018 which claims priority to DKPA/2017/70993 filed on 12/22/2017.
Claims 15, 17, 19-24, 26-30, and 32-38 receive priority to the prior-filed application, filed on 12/22/2017.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/13/2026 has been entered.
Response to Arguments
Objections to the Specification
The objections to the specification are withdrawn in view of the amendments to the abstract filed 04/13/2026.
Rejections of the Claims under 35 U.S.C. 102
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive and/or wherein the claim amendments have necessitated new grounds of rejection.
Regarding claims 15, 24, and 29, the applicant asserts that the prior art to Millot fails to disclose a first sensing zone between a first electrode and a third electrode and a second sensing zone between a second electrode and the third electrode.
In response to the applicant’s arguments, the examiner respectfully notes that Millot was not used in the previous Office Action filed 01/13/2026 to read on the newly amended limitations. The amendments to the claims have necessitated a new interpretation of Millot as explained below such that Millot discloses first, second, and third sensing zones.
The amendments to the claims have necessitated new grounds of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15, 17, 19-23, 29-30, 32-36, and 38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 15 recites the limitations “a first set of sensor point openings that each expose at least one of the first electrode or the third electrode…a second set of sensor point openings that each expose at least one of the second electrode or the third electrode” in ln. 9-11 and 15-16.
Similarly, independent claim 29 recites the limitation “a first set of sensor point openings that each expose at least one of the first electrode and the third electrode…a second set of sensor point openings that each expose at least one of the second electrode and the third electrode” in ln. 10-12 and 16-17.
These limitations may be interpreted to mean that each single sensor point opening in the first set of sensor point openings may expose the first electrode, the third electrode, or the first and third electrode, and each single sensor point opening in the second set of sensor point openings may expose the second electrode, the third electrode, or the second and third electrode. There is no written description in the instant application to read on each sensor point opening being able to expose multiple electrodes. The specification discloses that each sensor point opening is configured to overlap a sensing part of an electrode (pg. 36-43). This is clearly shown in Fig. 4-9 wherein each sensor point opening can be mapped to a single sensing part of the electrodes.
Claims 17, 19-23, 30, 32-36, and 38 are rejected for depending upon rejected base claims.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15, 21-23, 29, and 34-35 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by U.S. Patent 6,171,289 B1 to Millot.
Regarding claim 15, Millot discloses a base plate of an ostomy appliance (col. 3 ln. 19-22; Fig. 1, base plate 1 of ostomy appliance), the base plate comprising:
an adhesive layer having a proximal side and a distal side (Fig. 3 showing adhesive layer 11/12 comprising a proximal side and a distal side), the proximal side of the adhesive layer configured for attaching the base plate to a skin surface of a user (Fig. 1 showing proximal side of adhesive layer 11/12 attached to abdominal wall 3 of patient);
a masking element arranged between the distal side of the adhesive layer and a plurality of electrodes (Fig. 3 showing masking element 13 arranged between distal side of adhesive layer 11/12 and at least part of series of electrodes 17/18), wherein the masking element is more insulative than the adhesive layer (col. 3 ln. 33-38, masking element 13 does not conduct electricity; col. 3 ln. 66-67 and col. 4 ln. 1-25, adhesive layer 11/12 conducts electricity); and
a plurality of sensing zones, comprising:
a first sensing zone comprising a first electrode and a third electrode of the plurality of electrodes (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; first electrode is considered series of electrodes 17; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes), wherein, within the first sensing zone, the masking element:
comprises a first set of sensor point openings that each expose at least one of the first electrode or the third electrode, thereby forming a sensor point for each respective sensor point opening in the first sensing zone (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; first set of sensor point openings comprise all openings wherein the electrodes of the first sensing zone pass through masking element 13); and
a second sensing zone comprising a second electrode and the third electrode (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; second electrode is considered series of electrodes 18; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes), wherein, within the second sensing zone, the masking element:
comprises a second set of sensor point openings that each expose at least one of the second electrode or the third electrode, thereby forming a sensor point for each respective sensor point opening in the second sensing zone (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; second set of sensor point openings comprise all openings wherein the electrodes of the second sensing zone pass through masking element 13).
Regarding claim 21, Millot discloses the invention of claim 15. Millot further discloses wherein the masking element further comprises a first terminal opening for the first electrode and a second terminal opening for the second electrode (Fig. 2-3, series of electrodes 17/18 pass through masking element 13 thus creating sensor point openings such that any opening for series of electrodes 17 can be considered the first terminal opening and any opening for series of electrodes 18 can be considered the second terminal opening; col. 3 ln. 39-50, all sensor point openings may be considered terminal electrical connection openings by each individual electrode of the series of electrodes 17/18 being in contact with adhesive layer 11/12 at a first end and being in contact with the equipotential tracks at a second end; col. 5 ln. 16-19).
Regarding claim 22, Millot discloses the invention of claim 22. Millot further discloses wherein the masking element further comprises a third terminal opening for the third electrode (Fig. 2-3, series of electrodes 17/18 pass through 13 masking element thus creating sensor point openings such that any opening for series of electrodes 17 can be considered the first terminal opening and any opening for series of electrodes 18 can be considered the second terminal opening; col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-50, all sensor point openings may be considered terminal/electrical connection openings by the electrodes being in contact with adhesive layer 11/12 at a first end and being in contact with the equipotential tracks at a second end; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further electrodes] pass through masking element 13 thus creating sensor point openings; third terminal opening would be considered any opening for series of electrodes considered to be third electrode [not shown]).
Regarding claim 23, Millot discloses the invention of claim 15. Millot further discloses wherein the adhesive layer comprises a plurality of sensor point openings that each correspond to a sensor point opening of at least one of:
the first set of sensor point openings of the masking element, or
the second set of sensor point openings of the masking element (Fig. 3 showing all electrodes 17/18 passing into adhesive layer 11/12; col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further electrodes] pass through masking element 13 thus creating sensor point openings).
Regarding claim 29, Millot discloses an ostomy appliance (col. 3 ln. 19-22; Fig. 1, base plate 1 of ostomy appliance), the ostomy appliance comprising:
an adhesive layer having a proximal side and a distal side (Fig. 3 showing adhesive layer 11/12 comprising a proximal side and a distal side), the proximal side of the adhesive layer configured for attaching the ostomy appliance to a skin surface of a user (Fig. 1 showing proximal side of adhesive layer 11/12 attached to abdominal wall 3 of patient);
a masking element arranged between the distal side of the adhesive layer and a plurality of electrodes (Fig. 3 showing masking element 13 arranged between distal side of adhesive layer 11/12 and at least part of series of electrodes 17/18), wherein the masking element is more insulative than the adhesive layer (col. 3 ln. 33-38, masking element 13 does not conduct electricity; col. 3 ln. 66-67 and col. 4 ln. 1-25, adhesive layer 11/12 conducts electricity); and
a plurality of sensing zones, comprising:
a first sensing zone comprising a first electrode and a third electrode of the plurality of electrodes (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; first electrode is considered series of electrodes 17; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes), wherein, within the first sensing zone, the masking element:
comprises a first set of sensor point openings that each expose at least one of the first electrode or the third electrode, thereby forming a sensor point for each respective sensor point opening in the first sensing zone (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; first set of sensor point openings comprise all openings wherein the electrodes of the first sensing zone pass through masking element 13); and
a second sensing zone comprising a second electrode and the third electrode (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; second electrode is considered series of electrodes 18; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes), wherein, within the second sensing zone, the masking element:
comprises a second set of sensor point openings that each expose at least one of the second electrode or the third electrode, thereby forming a sensor point for each respective sensor point opening in the second sensing zone (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; second set of sensor point openings comprise all openings wherein the electrodes of the second sensing zone pass through masking element 13).
Regarding claim 34, Millot discloses the invention of claim 29. Millot further discloses wherein the ostomy appliance is one of a base plate or a sensor assembly part (col. 3 ln. 19-22; Fig. 1, base plate ostomy appliance 1).
Regarding claim 35, Millot discloses the invention of claim 29. Millot further discloses wherein the adhesive layer comprises a plurality of sensor point openings that each correspond to a sensor point opening of at least one of:
the first set of sensor point openings of the masking element, or
the second set of sensor point openings of the masking element (Fig. 3 showing all electrodes 17/18 passing into adhesive layer 11/12; col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further electrodes] pass through masking element 13 thus creating sensor point openings).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 17, 19-20, 30, 32-33, 36, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Millot as applied above.
Regarding claims 17, 19, 30, 32, 36, and 38, Millot discloses the invention of either of claims 15 or 29.
Millot further discloses
(Claims 17 and 30) the first sensing zone is a first angular sensing zone in a first angular range (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; first electrode is considered series of electrodes 17; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; first set of sensor point openings comprise all openings wherein the electrodes of the first sensing zone pass through masking element 13);
the second sensing zone is a second angular sensing zone in a second angular range (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; second electrode is considered series of electrodes 18; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; second set of sensor point openings comprise all openings wherein the electrodes of the second sensing zone pass through masking element 13);
(Claims 19 and 32) a third angular sensing zone in a third angular range (Fig. 2-3, third angular sensing zone comprising angular area between all individual electrodes of series of electrodes 17/18 considered to be first and second electrodes; col. 5 ln. 16-19, series of electrodes 17/18 pass through masking element 13 thus creating sensor point openings; third set of sensor point openings comprise all openings wherein the electrodes of the third sensing zone pass through masking element 13); and
(Claims 36 and 38) the masking element insulates the third electrode (Fig. 3 showing 13 masking element being between or under at least a part of series of electrodes 17/18 and 11/12 adhesive layer such that 13 masking element may be considered to insulate at least a part of third electrode that is embedded in 13 masking element; col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; second electrode is considered series of electrodes 18; third electrode is considered another series of electrodes [not shown]).
Millot differs from the instantly claimed invention in that Millot fails to disclose that (Claims 17 and 30) the second angular range is different than the first angular range, (Claims 19 and 32) the third angular range is different than the first and second angular ranges, and (Claims 36 and 38) the first electrode is not present in the second sensing zone; the second electrode is not present in the first sensing zone; and the masking element insulates the third electrode within the third angular sensing zone.
It would have been obvious to try to one of ordinary skill in the art before the effective filing date of the instant application to make the first, second, and third angular ranges different and the first, second, and third electrodes arranged in any of different sensing zones since there are only a finite number of predictable solutions (i.e. first, second, and third angular ranges different or the same; first, second, and third electrodes present or not present in any of the three sensing regions). Millot discloses a preferred embodiment of electrode arrangements comprising two series of electrodes for patients that frequently are in standing or seated positions; however, Millot also discloses utilizing more than two series of electrodes without noting a preferred arrangement for said excess series of electrodes (col. 2 ln. 11-15; col. 3 ln. 39-41; col. 4 ln. 26-45). Further, there are other patient populations (patients that are frequently in a lying position) that may use an ostomy bag that could benefit from other arrangements of electrodes. Thus, arranging the first, second, and third electrodes as claimed would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that the product was not of innovation but of ordinary skill and common sense. In that instant the fact that a combination was obvious to try might show that it was obvious under §103." See MPEP 2143.
Regarding claims 20 and 33, Millot discloses the invention of either of claims 19 or 32. Millot further discloses wherein the third angular sensing zone comprises the first electrode and the second electrode (Fig. 2-3, third angular sensing zone comprising angular area between all individual electrodes of series of electrodes 17/18 considered to be first and second electrodes), and the masking element comprises a third set of sensor point openings that expose both the first electrode and the second electrode within the third angular sensing zone (col. 5 ln. 16-19, series of electrodes 17/18 pass through masking element 13 thus creating sensor point openings; third set of sensor point openings comprise all openings wherein the electrodes of the third sensing zone pass through masking element 13).
Claims 24, 26-28, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent no. 6,171,289 to Millot.
Regarding claims 24, 26, and 37, Millot discloses (Claim 24) a base plate of an ostomy appliance (col. 3 ln. 19-22; Fig. 1, base plate 1 of ostomy appliance), the base plate comprising:
an adhesive layer having a proximal side and a distal side (Fig. 3 showing adhesive layer 11/12 comprising a proximal side and a distal side), the proximal side of the adhesive layer configured for attaching the base plate to a skin surface of a user (Fig. 1 showing proximal side of adhesive layer 11/12 attached to abdominal wall 3 of patient);
a masking element arranged between the distal side of the adhesive layer and a plurality of electrodes (Fig. 3 showing masking element 13 arranged between distal side of adhesive layer 11/12 and at least part of series of electrodes 17/18), wherein the masking element is more insulative than the adhesive layer (col. 3 ln. 33-38, masking element 13 does not conduct electricity; col. 3 ln. 66-67 and col. 4 ln. 1-25, adhesive layer 11/12 conducts electricity); and
a plurality of angular sensing zones, comprising:
a first angular sensing zone in a first angular range, wherein, within the first angular sensing zone, the masking element: comprises a first set of sensor point openings that expose both the first electrode and a third electrode of the plurality of electrodes, thereby forming a sensor point for each respective sensor point opening within the first angular sensing zone (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; first electrode is considered series of electrodes 17; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; first set of sensor point openings comprise all openings wherein the electrodes of the first sensing zone pass through masking element 13); and
a second angular sensing zone in a second angular range different than the first angular range, wherein, within the second angular sensing zone, the masking element: comprises a second set of sensor point openings that expose both a second electrode and the third electrode, thereby forming a sensor point for each respective sensor point opening within the second angular sensing zone (col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; second electrode is considered series of electrodes 18; third electrode is considered another series of electrodes [not shown]; col. 3 ln. 56-67 and col. 4 ln. 1-24, wetness detection is a measurement of conductivity between two sets/series of electrodes; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further series of electrodes by the nature of being wetness detection means] pass through masking element 13 thus creating sensor point openings; second set of sensor point openings comprise all openings wherein the electrodes of the second sensing zone pass through masking element 13); and
a third angular sensing zone in a third angular range, wherein the masking element comprises a third set of sensor point openings within the third angular sensing zone (Fig. 2-3, third angular sensing zone comprising angular area between all individual electrodes of series of electrodes 17/18 considered to be first and second electrodes; col. 5 ln. 16-19, series of electrodes 17/18 pass through masking element 13 thus creating sensor point openings; third set of sensor point openings comprise all openings wherein the electrodes of the third sensing zone pass through masking element 13);
(Claim 26) wherein the third angular sensing zone comprises the first electrode and the second electrode (Fig. 2-3, third angular sensing zone comprising angular area between all individual electrodes of series of electrodes 17/18 considered to be first and second electrodes), and the third set of sensor point openings expose both the first electrode and the second electrode within the third angular sensing zone (col. 5 ln. 16-19, series of electrodes 17/18 pass through masking element 13 thus creating sensor point openings; third set of sensor point openings comprise all openings wherein the electrodes of the third sensing zone pass through masking element 13); and
(Claim 37) the masking element insulates the third electrode (Fig. 3 showing 13 masking element being between or under at least a part of series of electrodes 17/18 and 11/12 adhesive layer such that 13 masking element may be considered to insulate at least a part of third electrode that is embedded in 13 masking element; col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-41, two tracks 15/16 each comprise at least one series of electrodes 17/18; second electrode is considered series of electrodes 18; third electrode is considered another series of electrodes [not shown]).
Millot differs from the instantly claimed invention in that Millot fails to disclose that (Claim 24) the third angular range is different than the first and second angular ranges, (Claim 37) the first electrode is not present in the second sensing zone; the second electrode is not present in the first sensing zone; and the masking element insulates the third electrode within the third angular sensing zone.
It would have been obvious to try to one of ordinary skill in the art before the effective filing date of the instant application to make the first, second, and third angular ranges different and the first, second, and third electrodes arranged in any of different sensing zones since there are only a finite number of predictable solutions (i.e. first, second, and third angular ranges different or the same; first, second, and third electrodes present or not present in any of the three sensing regions). Millot discloses a preferred embodiment of electrode arrangements comprising two series of electrodes for patients that frequently are in standing or seated positions; however, Millot also discloses utilizing more than two series of electrodes without noting a preferred arrangement for said excess series of electrodes (col. 2 ln. 11-15; col. 3 ln. 39-41; col. 4 ln. 26-45). Further, there are other patient populations (patients that are frequently in a lying position) that may use an ostomy bag that could benefit from other arrangements of electrodes. Thus, arranging the first, second, and third electrodes as claimed would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that the product was not of innovation but of ordinary skill and common sense. In that instant the fact that a combination was obvious to try might show that it was obvious under §103." See MPEP 2143.
Regarding claim 27, Millot suggests the invention of claim 24. Millot further discloses wherein the masking element further comprises:
a first terminal opening for the first electrode;
a second terminal opening for the second electrode; and
a third terminal opening for the reference electrode (Fig. 2-3, series of electrodes 17/18 pass through 13 masking element thus creating sensor point openings such that any opening for series of electrodes 17 can be considered the first terminal opening and any opening for series of electrodes 18 can be considered the second terminal opening; col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 3 ln. 39-50, all sensor point openings may be considered terminal/electrical connection openings by the electrodes being in contact with adhesive layer 11/12 at a first end and being in contact with the equipotential tracks at a second end; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further electrodes] pass through masking element 13 thus creating sensor point openings; third terminal opening would be considered any opening for series of electrodes considered to be third electrode [not shown]).
Regarding claim 28, Millot suggests the invention of claim 24. Millot further discloses wherein the adhesive layer comprises a plurality of sensor point openings that each correspond to a sensor point opening of at least one of:
the first set of sensor point openings of the masking element, or
the second set of sensor point openings of the masking element (Fig. 3 showing all electrodes 17/18 passing into adhesive layer 11/12; col. 2 ln. 11-15, wetness detection means comprise at least two series of electrodes, the electrodes being lodged at least in part in the adhesive composition; col. 5 ln. 16-19, series of electrodes 17/18 [and any other further electrodes] pass through masking element 13 thus creating sensor point openings).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linnae Raymond whose telephone number is (571)272-6894. The examiner can normally be reached M-F 8:00am to 4:00pm.
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/Linnae E. Raymond/Examiner, Art Unit 3781
/LESLIE R DEAK/Primary Examiner, Art Unit 3799 28 May 2026
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