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 .
Response to Amendment
The amendment filed 03/20/2026 has been entered. Claims 1-5 and 7-9 remain pending in the application. Claim 6 has been cancelled.
Response to Arguments
The terminal disclaimer filed on 03/20/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on 18/691,470 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Applicant's arguments filed 03/20/2026, regarding 35 U.S.C. § 103 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1, 2, 4, 5 and 7-9, see page 4-7 section II, 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. A new ground(s) of rejection is made in view of Buckley.
Claim Rejections - 35 USC § 103
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (previously presented) in view of Buckley et al. (WO 2021260212 A1) herein referred to as “Buckley” further evidenced by ALCHEMIX RTV 240 technical data sheet.
Regarding claim 1, Lim discloses: A brain wave detection electrode comprising: a pillar-shaped base part; ([Figure 2A]; Lim discloses pillar base 115); a plurality of polygonal pyramid-shaped protruding parts ([Figure 1], [0118];” contact electrodes 110-4 of the brainwave sensor unit may have a quadrangular pyramid shape.”) that are elastic bodies ([0084]; “The first and second contact electrodes 111 and 112 may be made of the conductive polymer or flexible and conductive synthetic resin” Which is seen as elastic bodies) and provided perpendicularly to one end face of the pillar-shaped base part; ([Figure 2A]; Lim discloses the sensor units perpendicular to base 115 wherein base 115 is seen as a pillar shape) and electrode parts provided on tip portions of the polygonal pyramid-shaped protruding parts, wherein a ratio As of a width D of a bottom surface of a protruding part, of the plurality of polygonal pyramid-shaped protruding parts, to a height H of the protruding part is equal to or greater than 1.2 and equal to or less than 2.0, ([0088];” when the height h and the base width w of the first and second contact electrodes 111 and 112 are 0.3 mm and 0.2 mm, respectively,” 0.3 divided by 0.2 equals 1.5). Lim does not explicitly disclose: hardness E of the elastic bodies measured at 37°C and in accordance with JIS K 6253 (1997) is equal to or greater than 15 and equal to or less than 30.
However, Buckley further evidenced by ALCHEMIX RTV 240 technical data sheet discloses: hardness E of the elastic bodies measured at 37°C and in accordance with JIS K 6253 (1997) is equal to or greater than 15 and equal to or less than 30. ([Buckley, Summary of Invention pp 10]; Electrodes with a shore hardness ranging from 30-60, which is within the claimed hardness range. [Buckley, Detailed Description of Embodiments pp 38]; Electrodes composed of RTV 240. [ALCHEMIX RTV 240 technical data sheet]; RTV-240 is stated as having a shore hardness of 25 as measured by standard JIS K6253, within the claimed range, further is has an operating temperature of -60 to 250°C, therefore, would maintain technical properties at 37°C.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrode as disclosed by Lim with the material as disclosed by Buckley. The motivation being the simple substitution of one known element, the conductive polymer or flexible and conductive synthetic resin, for another, silicon; RTV 240, with to obtain predictable result of measuring physiological signals while interfacing with a user’s scalp.
Regarding claim 2, Lim in view of Buckley disclose: The brain wave detection electrode according to claim 1. Lim further discloses: wherein a shape of the protruding part is a square pyramid. ([0118];” contact electrodes 110-4 of the brainwave sensor unit may have a quadrangular pyramid shape.”)
Regarding claim 4, Lim in view of Buckley disclose: The brain wave detection electrode according to claim 1. Lim further discloses: wherein a number N of the polygonal pyramid-shaped protruding parts is equal to or greater than 4 and equal to or less than 30 ([Figure 7A]; Lim discloses more than 4 and less than 30 protruding parts)
Regarding claim 5, Lim in view of Buckley disclose: The brain wave detection electrode according to claim 1. Lim further discloses: wherein a shortest distance L between vertices of adjacent protruding parts, of the polygonal pyramid-shaped protruding parts, is equal to or greater than 2 millimeters and equal to or less than 5 millimeters. ([0011]; “A distance between the first and second contact electrodes may be between 0.5 mm and 5 mm.”)
Regarding claim 7, Lim in view of Buckley disclose: The brain wave detection electrode according to claim 1. Lim further discloses: wherein the polygonal pyramid-shaped protruding parts and the pillar-shaped base part are formed integrally. ([Figure 2A]; Lim teaches the protruding parts 111 and 112 integrally formed with base 115)
Regarding claim 8, Lim in view of Buckley disclose: A brain wave measurement device comprising: the brain wave detection electrode according to claim 1. See rejection of claim 1 above.
Regarding claim 9, Lim in view of Buckley disclose: The brain wave detection electrode according to claim 1. Buckley further discloses: wherein the hardness E of the elastic bodies is equal to or greater than 25 and equal to or less than 30. ([Buckley, Summary of Invention pp 10]; Electrodes with a shore hardness ranging from 30-60, which is within the claimed hardness range. [Buckley, Detailed Description of Embodiments pp 38]; Electrodes composed of RTV 240. [ALCHEMIX RTV 240 technical data sheet]; RTV-240 is stated as having a shore hardness of 25 as measured by standard JIS K6253, within the claimed range, further is has an operating temperature of -60 to 250°C, therefore, would maintain technical properties at 37°C.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrode as disclosed by Lim with the material as disclosed by Buckley. The motivation being the simple substitution of one known element, the conductive polymer or flexible and conductive synthetic resin, for another, silicon; RTV 240, with to obtain predictable result of measuring physiological signals while interfacing with a user’s scalp.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Buckley further in view of Gevins et al. (previously presented) herein referred to as “Gevins”.
Regarding claim 3, Lim in view of Buckley disclose: The brain wave detection electrode according to claim 1. Lim in view of Buckley do not explicitly disclose: Wherein, polygons of bottom surfaces of adjacent protruding parts, of the plurality of polygonal pyramid-shaped protruding parts, are in contact with each other.
However, Gevins discloses: Wherein, polygons of bottom surfaces of adjacent protruding parts, of the plurality of polygonal pyramid-shaped protruding parts , are in contact with each other. ([Figure 3A]; Protruding portions 18 have a pyramidal shape wherein each protrusion is has side faces which meet at a single point, the base portion of protruding sections 18 in contact with each other. (4) Further the protruding sections 18 are described as pyramid shaped rubber fingers)
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of claimed invention to modify the electrode as disclosed by Lim with the base protrusions in contact with each other. The motivation being obvious to try a configuration with the base of protrusions in contact with each other given a finite number of distances to space the protrusions.
Conclusion
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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