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 .
CONDUCTIVE ELECTRONIC TEXTILES
Examiner: Adam Arciero S.N. 18/252,447 Art Unit: 1727 January 17, 2026
DETAILED ACTION
The Application filed on May 10, 2023 has been received. Claims 1-26 are currently pending and have been fully considered.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Priority
Applicant is advised of possible benefits under 35 U.S.C. 119(a)-(d) and (f), wherein an application for patent filed in the United States may be entitled to claim priority to an application filed in a foreign country.
The Foreign priority document does not fully provide support for all of the claimed limitations, for example:
Claim 1: the foreign priority does not support wherein the Ag0 in the silver flakes being 89-90% or 94-95%; or the range of hysteresis after 100 cycles of elongation being 1.1-2.
Claim 6: the ranges of the weight ratio of silver to elastomer, and het range of the resistance of the electrode.
Claim 8: an anode other than zinc or Ag2O.
Claim 9: zing particles and carbon particles other than carbon black.
Claim 10: the claimed weight ratio range.
Claim 11: a carbon material other than carbon black.
Claim 12: the claimed weight ratio.
Claim 17: the claimed weight ratio.
Claim 18: a surface of the polymeric silver electrode being coated with a non-silver containing elastomer material, and the claimed contact angle range.
Claim 20: the chloride being non-toxic, and an organic acid other than lactic acid.
Claim 21: the claimed range of pH.
Claim 23: the claimed range of concentration of the organic acid.
Claim 24: CaCl2, MaCl2, citric acid, tartaric acid, malic acid.
Claim 25: the claimed range of period of time.
Claim 26: the substrate being treated with an organic acid.
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 5, 16 and 24 is 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.
Claims 5 and 16 recites the limitation "the uncured" in line 2 and “the cured” in line 5. There is insufficient antecedent basis for this limitation in the claim.
As to Claim 24, It is unclear as to what the claim actually requires with the phrases “more particularly, NaCl and KCl” and “more particularly, lactic acid”. For purposes of compact prosecution, the claim will be construed without the phrases.
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 (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 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.
Applicant has provided evidence in this file showing that the claimed invention and the subject matter disclosed in the prior art reference were owned by, or subject to an obligation of assignment to, the same entity as Lv et al. not later than the effective filing date of the claimed invention, or the subject matter disclosed in the prior art reference was developed and the claimed invention was made by, or on behalf of one or more parties to a joint research agreement in effect not later than the effective filing date of the claimed invention. However, although reference “Printable elastomeric electrodes with sweat-enhanced conductivity for wearables” (as found in IDS dated 05/10/2023) has been excepted as prior art under 35 U.S.C. 102(a)(2), it is still applicable as prior art under 35 U.S.C. 102(a)(1) that cannot be excepted under 35 U.S.C. 102(b)(2)(C).
Applicant may rely on the exception under 35 U.S.C. 102(b)(1)(A) to overcome this rejection under 35 U.S.C. 102(a)(1) by a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application, and is therefore not prior art under 35 U.S.C. 102(a)(1). Alternatively, applicant may rely on the exception under 35 U.S.C. 102(b)(1)(B) by providing evidence of a prior public disclosure via an affidavit or declaration under 37 CFR 1.130(b).
Claim(s) 1-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lv et al. (“Printable elastomeric electrodes with sweat-enhanced conductivity for wearables”; as found in IDS dated 05/10/2023).
As to Claims 1-5, 8-9, 11, 13-16, 20-21, 24 and 26, Lv discloses a sweat-activated battery, comprising: a textile substrate; an Ag2O cathode with carbon black (sweat-activated active material) and a first elastomeric material (cured HPUA) on the textile substrate; a Zn anode with carbon black (sweat-activated active material) and a second elastomeric material (cured HPUA) on the substrate; and a current collector formed from a polymeric silver electrode wire attached to a surface of the substrate, the wire comprising: a third elastomeric material (cured HPUA); and silver flakes homogeneously distributed throughout the third elastomeric material. A current is produced by the battery when the battery is placed into an environment including an aqueous composition having an inorganic chloride salt (NaCl/KCl) and an organic acid (lactic acid with a pH of 4 (Abstract, Introduction, Results, Fig. 3, Materials and Methods). Lv further discloses the same method and materials as the claimed invention in claims 1 and 20, and therefore it is the position of the Office that the electrode of claim 1 intrinsically comprises the claimed fraction of Ag0 in the silver flakes and the claimed hysteresis, see MPEP 2112.
As to Claim 6, Lv discloses wherein the resistance in a relaxed state of the electrode is 0.76 ohms (Results).
As to Claims 7 and 18, Lv discloses the same materials as the claimed invention, and therefore it is the position of the Office that the material of Lv intrinsically comprises the claimed water contact angle, see MPEP 2112.
As to Claims 10 and 12, Lv teaches wherein the weight ratio of Ag ink to HPUA and Zn ink to HPUA is 1:1.2 (Materials and Methods).
As to Claim 17, Lv discloses a weight ratio of 1-0.75 of the Ag flakes to elastomeric material (Materials and Methods).
As to Claim 19, Lv discloses a device comprising the battery of claim 8 and a capacitor (Results).
As to Claim 22, Lv discloses a washing step, which reads on the claimed washing machine (Results).
As to Claim 23, Lv discloses a sweat-activated battery wherein sweat or artificial sweat is the aqueous solution, which is the same as the present invention (Abstract and Results). Therefore it is the position of the Office that the aqueous solution of the prior art and the present invention are the same, given that the materials used are the same, see MPEP 2112.
As to Claim 25, Lv discloses wherein the electrode is brought into contact with a solution of NaCl/KCl/lactic acid/urea (aqueous) for 14 min. (Results).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ARCIERO whose telephone number is (571)270-5116. The examiner can normally be reached Monday-Friday 8:00-5 ET.
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/ADAM A ARCIERO/Primary Examiner, Art Unit 1727