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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S.
Patent 6,299,757 to Feldman et al in view of Article "The electrochemical formation and
reduction of a thick AgCI deposition layer on silver substrate" by Jin et al.
Regarding claim 1, Feldman et al disclose a method for manufacturing an
electrode (22/24) of an analyte sensor (see Figs. 1-2), the method comprising: a)
providing a substrate (30/38) having a first side and a second side and a conductive
material (see Col. 8, lines 1-16) positioned on the first side; and b) applying a layer of an
AgCl-containing composition onto the conductive material, wherein the layer of the
AgCl-containing composition comprises an outer surface that faces away from the conductive material and an inner surface that contacts the conductive material (see Col.
24, lines 45-52); except for at least partially reducing AgCI on the outer surface and
thereby forming elemental Ag on the outer surface, wherein the electrode of the analyte sensor comprises elemental Ag on the outer surface of the AgCl containing composition. Jin et al teach the process of reducing AgCI on a conductive layer (carbon, see Section 3.2) for obtaining a porous silver layer (see Fig. 13), the elemental Ag on the outer surface of the AgCl-containing composition (see Fig. 6a). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention Feldman et al by utilizing the process of reducing AgCI layer as taught by Jin et al for obtaining a silver layer on the conductive layer.
Regarding claims 2-5, Feldman et al disclose the AgCl-containing composition
applied in step b) further comprises at least one binder and/or elemental Ag,
a non-conductive polymer of one or more of a PVC-based polymer and a polyurethane-
based polymer or the binder is a hydrophobic polyurethane-based polymer (see Col. 59,
lines 15-32).
Regarding claims 6-8, Feldman et al disclose the conductive material is selected
from the group consisting of gold, carbon, carbon paste and combinations thereof and
comprises at least two different layers of gold layer and a carbon layer (see Col. 8, lines
8-11).
Regarding claims 9-10 Jin et al disclose the AgCI is reduced by a chemical
treatment and/or by an electrochemical treatment and an amount of about 0.2 µg/mm²
to about 10 µg/mm² AgCI on the outer surface is reduced (see Section 3. Results and
discussion).
Regarding claims 11-12, Jin et al disclose a layer of Ag having a thickness
from about 0.1 µm to about 5 µm is formed on the outer surface of the AgCl-containing
composition (see "2. Experimental" section) and about 90 mol-% to about 99 mol-% of
the AgCI in the layer of Ag is reduced to elemental Ag (see "3.1.2. Conductivity of the
AgCI deposit layer".
Regarding claims 13-18, Feldman et al disclose the electrode (22/24) is used as
a reference electrode, a counter electrode and/or a combined counter/reference
electrode of an analyte sensor (see Figs. 1-2) and providing the working electrode
comprises applying a sensing material to the substrate and obtaining a working
electrode of the analyte sensor on the substrate; the sensing material comprises at least
one enzyme; a cross-linker and/or a polymeric metal complex and the enzyme is a
glucose dehydrogenase (GOD) or a glucose oxidase (GOX, see Col. 23, lines 50-53).
Response to Arguments
Applicants’ arguments filed on June 19, 2026 have been fully considered but they are not persuasive. Applicant argued that Jin does not teach the formation of elemental Ag on the outer surface, wherein the electrode of the analyte sensor comprises elemental Ag on the outer surface of the AgCl-containing composition because Jin teaches the formation of the silver layer on the substrate surface (see “Remarks” page 6). The Examiner disagrees because Applicant appears to misconstrue the disclosure of Jin. It is true that the silver layer form on the surface of the (silver) substrate in the first instance of the AgCl reduction preprocess as disclosed by Jin “the top layer of AgCl deposit is not change much after the initial stage till the end of deduction” with continuation of AgCl reduction process “the front of the reduction reaction moves outward from the substrate. The formation of 60% porosity in the reduced part will cause a forced flow of electrolyte solution to fill the newly form space. The solution flux may flush the AgCl grains to broaden the channels further” (see 3.2.1 section). That means the silver layer moves outward from the surface of the substrate and the AgCl is flush back into the space between the substrate and the silver layer as shown in Fig. 6a).
Conclusion
Applicants’ 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 replying 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.
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/DN/ /DONGHAI D NGUYEN/August 28, 2026 Primary Examiner, Art Unit 3729
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