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 Objections
The Claims are objected to because of the following informalities:
In Claims 1-27, the claims include reference characters from the drawings. These reference characters should be removed.
Appropriate correction is required and applicant should carefully review the Claims for any other informalities.
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.
Claim 12-13, 19, and 22-23 and claims dependent thereon 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 pre-AIA the applicant regards as the invention.
Claim 12 recites the limitation "the side regions." There is insufficient antecedent basis for this limitation in the claim. Examiner suggest amending the claim to dependent off of claim 7 and will be interpreting the claim as such.
Claim 13 recites the limitation "the first side region" and “the second side region.” There is insufficient antecedent basis for this limitation in the claim. Examiner suggest amending the claim to dependent off of claim 7 and will be interpreting the claim as such.
Claim 19 recites the limitation "the carrier layer.” There is insufficient antecedent basis for this limitation in the claim. Examiner suggest amending the claim to dependent off of claim 18 and will be interpreting the claim as such.
Claim 22 recites the limitation "the intermediate portion.” There is insufficient antecedent basis for this limitation in the claim. Examiner suggest amending the claim to dependent off of claim 8 and will be interpreting the claim as such.
Claim 25 recites the limitation "the carrier layer.” There is insufficient antecedent basis for this limitation in the claim. Examiner suggest amending the claim to dependent off of claim 17 and will be interpreting the claim as such.
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.
Claim(s) 1-2, 6-8, 10, 12-15, 18, 22-24, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shen et al (US 2016/0324439) (“Shen”) as noted in Applicant IDS dated 6/21/2023 and further in view of Frouin (US 2019/0167192) (“Frouin”).
Regarding Claim 1, while Shen teaches a flat textile material for placing on a human or animal body to capture and/or transmit electrical signals (Abstract, Figs. 1-7B, [0027]-[0028] [0044] an electrode sensing pad referred to as a detecting module 200, [0048], [0050] where the textile material as shown in Fig. 7A is flat) comprising
a longitudinal direction (Fig. 7B, a longitudinal direction is recognized as parallel to the textile electrode, extending in a horizontal manner when viewing the Figure),
a transverse direction running transverse to the longitudinal direction (Fig. 7B, a transverse direction is recognized as perpendicular to the textile electrode, extending in a vertical manner when viewing the Figure),
an extension plane (Fig. 7B, a plane created by the longitudinal direction and transverse direction as X-axis and Y-axis),
a thickness direction orthogonal to the extension plane (Fig. 7A, thickness direction is recognized as orthogonal to the textile electrode’s extension plane, extending in a vertical manner when viewing the Figure),
a first layer facing the body (Figs. 5, [0028], [0042], [0048] a conductive structure 120 is embedded in first layer with basement yarn layer 110),
a second layer facing away from the body (Figs. 7a, [0044], [0048] hydrophobic carrier 210), and
at least one electrode arranged on or in the first layer for placing on the body (Fig. 1-6, conductive structure 120 acts as electrode and is arranged in first layer), wherein
the electrode comprises electrically conductive threads ([0047]),
the second layer comprises a carrier having a first water absorbency (Fig. 7A, [0044] hydrophobic carrier, characterized by a first water absorbency that is very low),
there are provided either in the first layer or in the thickness direction between the electrode and the second layer, thread having a second water absorbency extending in the longitudinal direction (Figs. 1-6, [0046], [0048] thread / basement layer 110 between the electrode / conductive structure 120 and the second layer / hydrophobic support 210, the absorbing basement layer 110 is made of threads), and
the second water absorbency of these threads is greater than the first water absorbency of the electrically non-conductive threads of the second layer ([0046] the moisture retention capacity described for basement yarn layer 110 will be greater than that of the hydrophobic carrier 210).
Shen fails to teach the second layer comprises electrically non-conductive threads.
However Frouin teaches a textile material for placing on a human or animal body to capture and/or transmit electrical signals (Figs. 1-6, Abstract, textile electrode 1), comprising:
a first layer facing the body (Figs. 1-6, [0119]-[0121] a second layer 5 / first layer),
a second layer facing away from the body (Figs. 1-6, [0119]-[0121] a first layer 3 / second layer), and
at least one electrode arranged on or in the first layer for placing on the body (Fig. 1-6, conductive area of textile support 8 / electrode arranged on the first layer / second layer 5), wherein
the electrode comprises electrically conductive threads ([0110] textile support 8 / electrode comprises conductive threads),
the second layer comprises electrically non-conductive threads having a first water absorbency (Figs. 1-6, [0045] second layer / first layer 3 will be characterized by with a water absorbency, and because it does not retain water or water vapor, the second layer has a very low water absorbency, [0048] non-conductive).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the hydrophobic support of Shen be specifically structured as non-conductive threads as taught by Frouin as a way to standardize the construction of the unnamed material of the hydrophobic support, increasing consistency across applications of the invention.
Regarding Claim 2, Shen and Frouin teach the flat material as claimed in claim 1, and Shen teaches wherein the electrically conductive threads of the electrode comprise electrically conductive threads extending in the longitudinal direction and electrically conductive threads extending in the transverse direction (Figs. 3, 5, 7A-7B, [0040] electrically conductive threads 120 are seen extending in the longitudinal direction and the transverse direction, through a bottom basement layer 110 when considering Fig. 5).
Regarding Claim 6, Shen and Frouin teach the flat material as claimed in claim 1, wherein the electrically non-conductive threads of the second layer comprise electrically non-conductive threads extending in the longitudinal direction and electrically non-conductive threads extending in the transverse direction, which threads in each case have the first water absorbency (See Claim 1 Rejection, Figs. 3, 5, 7A-7B, [0048] shown encapsulating of the threads in Shen by hydrophobic carrier 210 indicates the non-conductive threads of the hydrophobic carrier must extend in both the longitudinal and transverse direction).
Regarding Claim 7, Shen and Frouin teach the flat material as claimed in claim 1, and Shen teaches wherein there is at least one side region adjoining the electrode in the transverse direction, in particular a first side region adjoining the electrode in the transverse direction and a second side region adjoining the electrode in the transverse direction opposite the first side region (Figs 7A-7B, the region of the hydrophobic carrier 210 surrounding the electrode in the transverse direction is recognized as the side regions).
Regarding Claim 8, Shen and Frouin teach the flat material as claimed in claim 1, wherein the electrode or the electrode and the side region(s) form an electrode portion of the flat material (See Claim 1 Rejection), and Shen teaches separate embodiment that divide the electrode into separate regions adjoined in the longitudinal direction by an intermediate portion of the flat material (Figs. 11A-11B, [0058]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the textile electrode of Shen’s first embodiment could be extended in the longitudinal direction and create separate regions of electrodes with flat intermediate portions as taught by Shen’s second embodiment based on a desired monitoring surface area of a subject (i.e. two adjacent sites non-contacting sites on the subject’s skin) or if one want to use the electrodes as a positive and negative electrode ([0062]).
Regarding Claim 10, Shen and Frouin teach the flat material as claimed in claim 8, wherein the intermediate portion is adjoined in the longitudinal direction by a further electrode portion, and the intermediate portion is then arranged in the longitudinal direction between the electrode portions (See Claim 8 Rejection, structure created by Shen’s Fig. 11B).
Regarding Claim 12, Shen and Frouin teach the flat material as claimed in claim 7, wherein the first layer comprises in the side region(s) of the electrode portion, electrically non-conductive threads extending in the longitudinal direction and electrically conductive threads extending in the transverse direction (See Claim 7 Rejection, side region is a continuation of the hydrophobic carrier 210 in both the longitudinal and transverse direction, indicating the non-conductive threads making up hydrophobic carrier 210 must extend in this direction as well).
Regarding Claim 13, Shen and Frouin teach the flat material as claimed in claim 7, wherein the threads having the second water absorbency extending in the longitudinal direction are arranged in the transverse direction between the first side region and the second side region (See Claim 7 Rejection, the threads / basement layer 110 with the second water absorbency extend in the longitudinal direction and transverse direction and exist between the first side region and the second side regions made up of the encapsulating hydrophobic carrier 210).
Regarding Claim 14, Shen and Frouin teach the flat material as claimed in claim 13, and Frouin teaches that a water absorbing material between layers of a textile electrode can be within a pocket ([0027]), and Shen teaches an embodiment with an intermediate water absorbing layer that does not coincide with the conductive structure or the hydrophobic carrier ([0042] three layer structure where an intermediate basement layer 110 is connected to system by connecting yarn), their combined efforts fail to teach wherein the threads having the second absorbency are provided in a floating manner between the electrode and the second layer.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the layered structure of Shen could be applied as Fig. 6 with three layers, instead of Fig. 5, as one is measuring by the same principles taught previously ([0042]), now with just a thicker detector module. Furthermore, in using this embodiment the intermediate basement layer 110 of Shen is now acting as solely a water absorbing layer, without connection to the conductive structure or the pressing structure and their respective functions. As such it would be a simple substitution to replace the intermediate water absorbing layer of Shen (a interconnected basement layer 110) with another intermediate water absorbing layer of Frouin (a material 4 in a pocket) to obtain predictable results of reliably collected fluids in an intermediate portion of the textile electrode. Finally, in using a water absorbing material in a pocket as taught by Frouin, the material is no longer woven with the other layers of Shen and is now provided in a floating manner.
Regarding Claim 15, Shen and Frouin teach the flat material as claimed in claim 1, and Shen teaches wherein the first layer and the second layer lie loosely against or on one another at least in the electrode portion ([0045] the conductive structure 120 contacts the pressing structure 130 contacts the hydrophobic carrier, and thus they lie against one another through the pressing structure 130. Further, the affixing of the structure is explicitly noted as being based on a physical contact created between them, i.e. without the use of an adhering mechanism. Thus, Examiner contends the layers lie loosely against one another).
Regarding Claim 18, Shen and Frouin teach the flat material as claimed in claim 1, wherein the threads having the second water absorbency in the intermediate portion are configured and arranged to be placed on the body (See Claim 1 Rejection, some portions of the basement layer 110 are configured and arranged to be place on the body as shown in Fig. 3, in the intermediate space between conductive structures 120).
Regarding Claim 22, Shen and Frouin teach the flat material as claimed in claim 8, wherein, in the transverse direction outside a middle region, the intermediate portion is formed by electrically non-conductive threads extending in the longitudinal direction and electrically conductive and/or electrically non-conductive threads extending in the transverse direction (See Claim 8 Rejection, all threads in the intermediate are non-conductive as they pertain to an insulative hydrophobic carrier 210 taught by Shen and Frouin).
Regarding Claim 23, Shen and Frouin teach the flat material as claimed in claim 8, and Shen teaches an embodiment wherein the first layer and the second layer are arranged and joined together such that there is formed in the electrode portion, a layer which extends in the transverse direction and is delimited by the first and second layers ([0042] intermediate water absorbing layer that does not coincide with the conductive structure or the hydrophobic carrier, three layer structure where an intermediate basement layer 110 is connected to system by connecting yarn, this intermediate water absorbing layer will extend in the transverse direct and the longitudinal direction), and Frouin teaches that a water absorbing material between layers of a textile electrode can be within a tunnel ([0027]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the layered structure of Shen could be applied as Fig. 6 with three layers, instead of Fig. 5, as one is measuring by the same principles taught previously ([0042]), now with just a thicker detector module. Furthermore, in using this embodiment the intermediate basement layer 110 of Shen is now acting as solely a water absorbing layer, without connection to the conductive structure or the pressing structure and their respective functions. As such it would be a simple substitution to replace the intermediate water absorbing layer of Shen (a interconnected basement layer 110) with another intermediate water absorbing layer of Frouin (a material 4 in a tunnel) to obtain predictable results of reliably collected fluids in an intermediate portion of the textile electrode. Finally, in using a water absorbing material in a tunnel as taught by Frouin, the material is no longer woven with the other layers of Shen and is now provided in a floating manner.
Regarding Claim 24, Shen and Frouin teach the flat material as claimed in claim 23, wherein a pressure element can be inserted into the tunnel , which pressure element urges the first layer and the electrode (See Claim 23 Rejection, [0045] a pressure element can be inserted into the “tunnel” by including the pressing structures 130 with the basement layer 110, the pressing structure used to urge the first layer and electrode of towards the skin of the user), and optionally the threads having the second water absorbency which are guided transversely through the tunnel in a floating manner, toward the body.
Regarding Claim 26, Shen and Frouin teach the flat material as claimed in claim 1, and Shen teaches wherein the first and/or the second layer is formed by a woven fabric, a warp direction of the woven fabric runs in the longitudinal direction, and a weft direction of the woven fabric runs in the transverse direction (Fig. 5, [0029] the first layer is formed by a woven fabric of conductive yarns and course yarns, specifically with a warp direction of the woven fabric running in the longitudinal direction by warps yarns 114 and conductive yarns 122 and a weft direction of the woven fabric running in the transverse direction by couse yarns 112) .
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frouin in view of Shen and further in view of Singh et al (US 2006/0182788) (“Singh”).
Regarding Claim 2, while Shen and Frouin teach the flat material as claimed in claim 1, their combined efforts fail to explicitly teach wherein the second water absorbency is at least 1.10 times, in particular at least 2.0 times, further in particular at least 5.0 times, even further in particular at least 10 times, and most particular at least 20 times, the first water absorbency.
However Singh teaches hydrophobic and hydrophilic formulations (Abstract) and teaches that definitionally, a hydrophobic polymer absorb up to 1.0 wt % of water, a moderately hydrophilic polymer is 1-10 wt. %, and hydrophilic polymers absorb at least 10 wt. % of water ([0035]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the desired first water absorbency and desired water of absorbency of Shen would lead to ratio of around 5.0 times greater absorbency when comparing the second water absorbency and the first absorbency as Singh teaches that a minimally hydrophobic material’s water absorbency is 1.0 wt. % and a moderately hydrophilic material’s water absorbency would be at least be about 5.0 wt %. Further, it would be obvious that if one were to test for higher hydrophobic values (e.g. 0.5 wt. %) and higher hydrophilic values (10 wt. %), to optimize the invention, one could find from that a 20 times ratio in water absorbency is optimal [“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)].
Regarding Claim 3, while Shen and Frouin teach the flat material as claimed in claim 1, their combined efforts fail to explicitly teach wherein the first water absorbency is not more than 1.0 wt.%, in particular not more than 0.1 wt.%, and most particular not more than 0.01 wt.%.
However Singh teaches hydrophobic and hydrophilic formulations (Abstract) and teaches that definitionally, a hydrophobic polymer absorb up to 1.0 wt % of water, a moderately hydrophilic polymer is 1-10 wt. %, and hydrophilic polymers absorb at least 10 wt. % of water ([0035]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the desired first water absorbency of Shen would lead to a 0.01 wt. % as Singh teaches that at most, a hydrophobic material’s water absorbency is 1.0 wt. %. From here, it would be obvious that if one were to test for higher hydrophobic values to optimize the invention, one could find from that a 0.01 wt. % in water absorbency is optimal [“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)].
Regarding Claim 4, while Shen and Frouin teach the flat material as claimed in claim 1, their combined efforts fail to explicitly teach wherein the second water absorbency is at least 2.0 wt.%, in particular at least 5.0 wt.%, and most particular at least 20 wt.%.
However Singh teaches hydrophobic and hydrophilic formulations (Abstract) and teaches that definitionally, a hydrophobic polymer absorb up to 1.0 wt % of water, a moderately hydrophilic polymer is 1-10 wt. %, and hydrophilic polymers absorb at least 10 wt. % of water ([0035]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the desired second water absorbency of Shen would lead to a 20 wt. % as Singh teaches that on average, a mildly hydrophilic material’s water absorbency is 5.0 wt. %. From here, it would be obvious that if one were to test for higher hydrophilic values to optimize the invention, one could find from that a 20 wt. % in water absorbency is optimal [“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)].
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frouin in view of Shen and further in view of Brunner et al (US 2014/0100436) (“Brunner”).
Regarding Claim 9, while Shen and Frouin teach the flat material as claimed in claim 8, their combined efforts fail to teach wherein the electrode portion is adjoined in the longitudinal direction by a further intermediate portion opposite the intermediate portion.
However Brunner teaches a electrode sensor kit (Abstract) comprising creating an electrode sensor with an electrode and conductive fabric, and further creating an array of electrode sensors with alternating intermediate portions and electrode sensors (Figs. 1-2, [0126]-[0129] space on a strap 6 and the contact elements 3 of an electrode alternate in a longitudinal direction of the strap 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the flat material and electrode of Shen and further create an array of said electrodes incorporated into a strap as taught by Brunner (i.e. with intermediate portions) as a way to measure multiple locations around a limb simultaneously. This enables an identification of which electrode provides the most desirable results. Furthermore, integration of the device into a belt-like strap may obviate the need for an adhesive mechanism to couple the electrodes to the user.
Regarding Claim 11, while Shen and Frouin teach the flat material as claimed in claim 8, their combined efforts fail to teach configured to be substantially endless in the longitudinal direction, wherein an electrode portion and an intermediate portion alternate.
However Brunner teaches a electrode sensor kit (Abstract) comprising creating an electrode sensor with an electrode and conductive fabric, and further creating an array of electrode sensors with alternating intermediate portions and electrode sensors as part of a strap (Figs. 1-2, [0126]-[0129] space on a strap 6 and the contact elements 3 of an electrode alternate in a longitudinal direction of the strap 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the flat material and electrode of Shen and further create an array of said electrodes incorporated into a strap as taught by Brunner (i.e. with intermediate portions) as a way to measure multiple locations around a limb simultaneously. This enables an identification of which electrode in the array provides the most desirable results. Furthermore, integration of the device into a belt-like strap may obviate the need for an adhesive mechanism to couple the electrodes to the user and a circular band structure would make the textile fabric “endless” in the longitudinal sense.
Claim(s) 16-17 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shen in view of Frouin and further in view of Dias et al (US 2009/0203984) (“Dias”).
Regarding Claim 16, while Shen and Frouin teach the flat material as claimed in claim 8, their combined efforts fail to teach wherein the first layer and the second layer are joined together in the intermediate portion.
However Dias teaches a contacting electrode sensor (Abstract, [0021]-[0025]) where a first skin contacting layer and a second skin spaced apart layer join together in intermediate sections outside of electrode area ([0021]-[0025] skin contacting layer / contact membrane 16 and skin spaced apart layer / cover membrane 12 join together in intermediate / contiguous section 14 outside of the electrode area defined by contact membrane).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to join the first layer and second layer of Shen in the intermediate portion as taught by Dias as this creates a coupled relationship between them, now causing the bottom basement layer 110/conductive structures 120 to maintain internal layers within by creating a pocket structure. Specifically, Shen had not given a coupling mechanism in [0045] for affixing the hydrophobic carrier to the yarn layers and thus Dias is simply providing an example for how to fulfill this affixing limitation.
Regarding Claim 17, while Shen and Frouin teach the flat material as claimed in claim 8, their combined efforts fail to teach wherein the first layer and the second layer are brought together in the intermediate portion to form a combined textile carrier layer.
However Dias teaches a contacting electrode sensor (Abstract, [0021]-[0025]) where a first skin contacting layer and a second skin spaced apart layer join together in intermediate sections outside of electrode area ([0021]-[0025] skin contacting layer / contact membrane 16 and skin spaced apart layer / cover membrane 12 join together in intermediate / contiguous section 14 outside of the electrode area defined by contact membrane).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to join the first layer and second layer of Shen in the intermediate portion as taught by Dias to form a combined textile carrier layer as this creates a coupled relationship between them, now causing the bottom basement layer 110/conductive structures 120 to maintain internal layers within and to remain stable in movement. Specifically, Shen had not given a coupling mechanism in [0045] for affixing the hydrophobic carrier to the yarn layers and thus Dias is simply providing an example for how to fulfill this affixing limitation (held in a pocket).
Regarding Claim 25, Shen, Frouin, and Dias teach the flat material as claimed in claim 17, wherein the electrode is configured to be raised relative to the body compared to the side regions, and/or the intermediate portion, and/or the carrier layer (See Claim 17 Rejection, Dias: the electrode portion is raised when the intermediate portion has first and second layers combine together).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shen in view of Frouin and further in view of Dias and further in view of Milojevic et al (WO 2016/205881) (“Milojevic”) and further in view of Yang et al (US 2013/0066168) (“Yang”).
Regarding Claim 19, while Shen, Frouin, and Dias teach the flat material as claimed in claim 17, their combined efforts fail to teach wherein the electrically conductive threads of the electrode arranged in the longitudinal direction pass through the second layer and/or the carrier layer in the thickness direction.
However Milojevic teaches a flat material comprising a textile structure and with conductive functionality (Abstract, [0025]-[0026]) and teaches that electrically conductive threads at a skin facing side of the textile can pass through the textile and exit out a layer facing away from the body to interact with a sensor ([0102]);
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that a transmission line 230 to electrical circuitry shown in the same plane as the textile electrode in Shen could instead be structured as the skin-contact conductive thread extending from the skin to the second side as taught by Milojevic as simple substitutions of electrode circuitry connection location from one side (Shen: skin contacting side) for another (Milojevic: non-skin contacting side) to obtain predictable results of reliable electrode connection.
Yet their combined efforts fail to teach the electrically conductive threads are arranged in the intermediate portion in a floating manner on the side of the second layer or carrier layer facing away from the body.
However Yang teaches a conductive textile (Abstract) teaches that a transmission line at a back of a sensor can extend away from the skin mounted electrical sensor (Figs. 23B-23D, [0192]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that a transmission line extending to the back of a textile electrode in Shen and Milojevic could instead be structured as the transmission line ending away from the back surface of the detector as taught by Yang as simple substitutions of electrode circuitry connection location from one side (Shen and Milojevic: directly above second layer) for another (Yang: offset from second layer).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shen in view of Frouin and further in view of Dias and further in view of Milojevic and further in view of Yang and further in view of King et al (US 2020/0323491) (“King”).
Regarding Claim 20, while Shen, Frouin, Dias, Milojevic, and Yang teach the flat material as claimed in claim 19, their combined efforts fail to teach wherein the electrically conductive threads arranged in a floating manner on the side of the second layer or carrier layer facing away from the body, are cut and in particular combined to form at least one bundle.
However King teaches a textile electrode system (Abstract) and further teaches that an electrical connection between an electrode region and an electrical trace can be facilitated by threads that are cut and then combined to form a bundle ([0047]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that a transmission line extending to the back of a textile electrode in Shen, Milojevic, and Yang could be cut and combined to form a bundle as taught by King as King teaches that this action facilitates connection between electrical components ([0047]).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frouin in view of Shen and further in view of Coppedè et al (US 2018/0279930) (“Coppede”).
Regarding Claim 21, while Shen and Frouin teach the flat material as claimed in claim 8, wherein the intermediate portion comprises a middle region, the middle region has a transverse extent in the transverse direction that corresponds substantially to the electrode (See Claim 8 Rejection, if one were to identify the width encompassed by the conductive structures 120 in Fig. 3, and create a bounded region from this width with the longitudinal area encompassed between the detection electrodes in Fig. 11A-11B, one could name this area the middle region of the intermediate portion), and electrically non- conductive threads having the first water absorbency which extend in the longitudinal direction and are arranged side by side substantially in parallel (See Claim 8 Rejection, the hydrophobic carrier 210 makes up the region of the intermediate portion, making the intermediate portion comprise electrically non- conductive threads having the first water absorbency which extend in the longitudinal direction and transverse direction), their combined efforts fail to teach there are provided in the middle region threads having the second water absorbency which extend in the longitudinal direction and are arranged side by side substantially in parallel.
However Coppede teaches a textile system with integrated sensors (Abstract) and further teaches a middle region of a textile includes threads with increasing water absorbency, where the threads control the exit of fluid out of a system ([0034], [0039]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the textile electrode system of Shen could further include the hydrophilic threads of Coppede occurring through an intermediate region of the textile as this enables controlled guidance and evaporation of fluid gathered from the subject at sites away from the electrodes. That is to say, this ensure a large build-up of sweat is not trapped inside the textile electrode and the controlled guidance away from the detecting region obviates the concern of short-circuiting the electrode. And the rectangular hydrophilic layer in Coppede is recognized as extending in both the longitudinal and transverse direction.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frouin in view of Shen and further in view of Milojevic.
Regarding Claim 27, while Shen and Frouin teach the flat material as claimed in claim 1, their combined efforts fail to teach incorporating the flat material with a wound dressing for assisting and monitoring wound treatment.
However Milojevic teaches a flat material comprising a textile structure and with conductive functionality (Abstract, [0025]-[0026]) and teaches that a flat material comprising a textile structure and with conductive functionality can be incorporated into a medical dressing to provide protection to the tissue and promote healing of tissue ([0026], [0123]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the flat textile electrode of Shen and Frouin into a wound dressing as taught by Milojevic to improve the wound dressing so the same outlined benefits of Milojevic may be added to the wound dressing ([0026], [0123]).
Conclusion
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/JAIRO H. PORTILLO/
Examiner
Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791
Prosecution Insights