DETAILED ACTION
This action is pursuant to RCE filed 6/18/2026. Claims 1, 2, 5, 6, 9, 10, 13, 14, and 17-20 are pending, claims 3, 4, 7, 8, 11, 12, 15, and 16 have been cancelled by the applicant. A non-final action on the merits of claims 1, 2, 5, 6, 9, 10, 13, 14, and 17-20 is as follows.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application JP 2023-7511 filed in Japan on 1/20/2023. It is noted, however, that applicant has not filed a certified copy of the foreign application as required by 37 CFR 1.55 and the retrieval attempts under the priority document exchange program failed.
Claim Rejections - 35 USC § 103
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 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, 5, 9, 13, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama et al. (hereinafter ‘Hatakeyama’, US 20210371663 A1) in view of Quintanar et al. (hereinafter ‘Quintanar’, US 20130345539 A1) and in further view of Li et al. (hereinafter ‘Li’, US 20230080279 A1).
Regarding independent claim 1, Hatakeyama discloses a bio-electrode (bioelectrode shown in Figs. 1-3) has layers on a substrate (layers 20, 2, and 3 in Fig. 3), the layers comprising: (A) an electro-conductive layer ([0192]: electro-conductive base 2 in Figs. 1-3) comprising an electro-conductive wiring ([0242]-[0246]: electroconductive paste is printed on layer 20 and is the electroconductive layer; the electro-conductive wiring is formed by the electro-conductive paste); and (B) an ionic polymer containing layer ([0021]-[0022]: the bioelectrode includes an ionic polymer material layer; layer 3 in Figs. 1-3) comprising a polymer comprising a repeating unit-a having at least one selected from fluorosulfonic acid, fluorosulfonimide, and N-carbonyl-fluorosulfonamide, ([0024]: the ionic polymer material comprises a repeating unit-a having a structure selected from the group consisting of salts of ammonium, sodium, potassium, and silver formed with any of fluorosulfonic acid, fluorosulfonimide, and N-carbonyl-fluorosulfonamide) and having the weight-average molecular weight in a range of 1,000 to 500,000 ([0145]: the weight-average molecular weight can be 1,000 or more and 500,000 or less).
Hatakeyama further discloses the electro-conductive layer being made of one or more species selected from the group consisting of gold, silver, silver chloride, platinum, aluminum, magnesium, tin, tungsten, iron, copper, nickel, stainless steel, chromium, titanium, and carbon ([0058]).
However, Hatakeyama is silent to the electro-conductive wiring that forms the electro-conductive layer having a width of 200 μm or less.
Quintanar teaches a lightweight, radio translucent electrode assembly that connects to non-integrated electrodes for monitoring physiological parameters ([Abstract]). The electrically conductive elements of Quintanar are printed onto the substrate ([0020]). The printed conductive traces extend to where the non-integrated electrode connects to the sensor as seen in Figs. 4-7. The design can take a variety of forms as seen in Figs. 4-7, forming a key-hole type shape which is similar to Hatakeyama. The geometries of the conductor region must be sufficient to conduct electricity while being thin enough to maintain radio-translucency ([0060]). In one preferred example, Quintanar teaches that the width of the conductive traces is 17 microns, well below the claimed 200 micrometers. Printing the conductive traces of Hatakeyama in a pattern similar to that of Figs. 4-7 in Quintanar would be of ordinary skill in the art as a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Additionally, while Hatakeyama is silent to the size of the printed traces, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the conductive trace size and pattern of Quintanar with the printed electro-conductive layer of Hatakeyama such that the layer utilizes 17-micron wide traces to form a radio translucent pattern.
Quintanar further teaches that the electrically conductive elements of the traces may be of silver or any other suitable conductive material (e.g. copper, gold, carbon, carbon nanotube, indium tin oxide, and graphite) that is embossed, printed, or otherwise permanently applied to the substrate in any other suitable fashion known in the art ([0050]).
However, the Hatakeyama/Quintanar combination is silent to the conductive wiring being a fusion layer of a metal nanowire comprising gold, silver, copper, nickel, or alloy thereof.
Li teaches fusing nanowire inks which are deposited on a substrate surface and dried to drive the fusing process forming a transparent conductive film formed with desirable properties ([Abstract]). While not particularly directed to bioelectrodes, the art is analogous because it is solving the same problem as the instant application which is forming a transparent sensing electrode. Li teaches that a transparent conductive network can be formed by depositing a fusing metal nanowire ink onto a substrate and drying the metal nanowire to form a transparent conductive film ([0008]). The nanowires can be formed from silver, gold, indium, nickel, copper, and alloys thereof, just like the conductive networks of Hatakeyama, Quintanar, and the instant application ([0042]). Fusing the metal nanowire inks makes them stable and allows for convenient and effective processing ([0021]). Furthermore, utilizing the fusing and deposition process taught by Li results in a transparent film with high optical transparency and low haze, all of which are obvious benefits to a bio-electrode ([0021]). Utilizing the method of Li to form the traces of the Hatakeyama/Quintanar combination would be of routine skill in the art since it is merely one possible method to form conductive paths on a substrate and Quintanar clearly states that any known method is suitable for forming the conductive traces as explained above. Additionally, the instant application does not provide criticality to the electro-conductive wiring being a fused layer as it states it can be a printed paste or a fused layer (Instant application [0179]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a fused nanowire layer made of gold, silver, indium, nickel, copper, and alloys thereof as taught by Li for the electro-conductive wiring in order to form a more stable and transparent bio-electrode.
Regarding claim 5, the Hatakeyama/Quintanar/Li combination discloses the bio-electrode according to claim 1, wherein the repeating unit-a has a partial structure shown by any of the following general formulae (1)-1 to (1)-4 ([0029]: the repeating unit-a is preferably shown by the general formulae (1)-1 to (1)-4; the formulas are identical),
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wherein Rf1 and Rf2 each represent a hydrogen atom, a fluorine atom, an oxygen atom, a methyl group, or a trifluoromethyl group, provided that when Rf1 and Rf2 represent an oxygen atom, the single oxygen atom represented by Rf1 and Rf2 bonds to a single carbon atom to form a carbonyl group; Rf3 and Rf4 each represent a hydrogen atom, a fluorine atom, or a trifluoromethyl group, and at least one of Rf1 to Rf4 is a fluorine atom or a trifluoromethyl group; Rf5, Rf6, and Rf7 each represent a fluorine atom, a trifluoromethyl group, a linear or branched alkyl group having 1 to 4 carbon atoms, or an aryl group having 6 to 10 carbon atoms, and have at least one fluorine atom or trifluoromethyl group; and M+ represents an ion selected from the group consisting of an ammonium ion, a sodium ion, and a potassium ion; “m” represents an integer of 1 to 4 ([0030]-[0033]: the above limitations are disclosed).
Regarding claim 9, the Hatakeyama/Quintanar/Li combination discloses the bio-electrode composition according to claim 5, wherein the repeating unit-a comprises at least one selected from the group consisting of repeating units A1 to A7 shown by the following general formula (2) ([0035]: the repeating unit-a comprises a repeating unit selected from the groups a1 to a7 following the general formula 2 which is the same),
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wherein, R1, R3, R5, R8, R10, R11, and R13 each independently represent a hydrogen atom or a methyl group; R2, R4, R6, R9, R12, and R14 each independently represent a single bond or a linear, branched, or cyclic hydrocarbon group having 1 to 13 carbon atoms, the hydrocarbon group is substituted or unsubstituted with either or both of an ester group and an ether group; R7 represents a linear or branched alkylene group having 1 to 4 carbon atoms, and one or two hydrogen atoms in R7 are unsubstituted or substituted with a fluorine atom; X1, X2, X3, X4, X6, and X7 each independently represent any of a single bond, a phenylene group, a naphthylene group, an ether group, an ester group, and an amide group; X5 represents any of a single bond, an ether group, and an ester group; Y represents an oxygen atom or a -NR19- group; R19 represents any of a hydrogen atom, a linear, branched, or cyclic alkyl group having 1 to 12 carbon atoms, and phenyl group, wherein the alkyl or phenyl group of R19 comprise one or more groups selected from the groups consisting of ether groups, carbonyl groups, ester groups, and amide groups; and Y forms a ring together with R4 wherein when Y is an NR19 group and R19 represents a linear, branched or cyclic alkyl group having 2 to 12 carbon atoms, or a phenyl group and R4 is a linear, branched or cyclic hydrocarbon group having 1 to 13 carbon atoms, a ring is formed, otherwise no ring is formed; Rf1’ and Rf5’ each represent a fluorine atom, a trifluoromethyl group, or a linear or branched alkyl group having 1 to 4 carbon atoms, and have at least one fluorine atom; “m” represents an integer of 1 to 4; a1, a2, a3, a4, a5, a6, and a7 satisfy 0≤a1≤1.0, 0≤a2≤1.0, 0≤a3≤1.0, 0≤a4≤1.0, 0≤a5≤1.0, 0≤a6≤1.0, 0≤a7≤1.0, and 0<a1+a2+a3+a4+a5+a6+a7≤1.0; and M+ represents an ion selected from the group consisting of an ammonium ion, a sodium ion, and a potassium ion ([0036]: the limitations above are met; while the claimed limitation additionally utilizes R14, R14 can optionally represent a single bond which is disclosed in a7 of Hatakeyama because R14 is left out and there is simply a single bond in its place; furthermore, Hatakeyama does not list Rf1’ representing an alkyl group, but again that is an “or” statement that does not require that limitation; finally, the limitations a1-a7 are “less than or equal to” and “greater than or equal to” ranges that are disclosed by Hatakeyama as the ranges disclosed simply don’t include all of the endpoints, but because the disclosed range is entirely within the claimed range, the limitations are met).
Regarding claim 13, the Hatakeyama/Quintanar/Li combination discloses the bio-electrode according to claim 9, wherein the repeating unit-a comprises an ammonium ion shown by the following general formula (3) as an ammonium ion for forming an ammonium salt ([0038]: the component comprises an ammonium ion shown by the following formula (3) as the M+, this would form the salt with the anions shown in a1-a7 or (1)-1 to (1)-4),
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wherein, R101d, R101e, R101f, and R101g each represent a hydrogen atom, a linear, branched, or cyclic alkyl group having 1 to 15 carbon atoms, a linear, branched, or cyclic alkenyl group or alkynyl group having 2 to 12 carbon atoms, or an aromatic group having 4 to 20 carbon atoms, and are unsubstituted or substituted with one or more selected from the group consisting of an ether group, a carbonyl group, an ester group, a hydroxy group, a carboxy group, an amino group, a nitro group, a sulfonyl group, a sulfinyl group, a halogen atom, and a sulfur atom; and R101d and R101e form a ring together when R101d is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group and R101e is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group, or when R101d, R101e, and R101f form a ring together when R101d is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group, R101e is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group, and R101f is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group when the ring is formed, R101d and R101e, or R101d, R101e, and R101f form an alkylene group having 3 to 10 carbon atoms, or to form a heteroaromatic ring having the nitrogen atom in the general formula (3) within the ring ([0039]: the above limitations are disclosed).
Regarding claim 17, the Hatakeyama/Quintanar/Li combination discloses the bio-electrode according to claim 1, further comprising one or more resin (C) ([0147]: a resin is blended into the bio-electrode composition) selected from the group consisting of (meth)acrylate resin, (meth)acrylamide resin, urethane resin, polyurethane (meth)acrylate, polyvinyl alcohol, polyvinylpyrrolidone, polyoxazoline, polyglycerin, polyglycerin-modified silicone, polyglycerin(meth)acrylate, cellulose, polyethylene glycol, and polypropylene glycol, as a component of the layer (B) ([0153]: the resin can be a polyurethane resin which is a urethane resin).
Regarding claim 19, the Hatakeyama/Quintanar/Li combination discloses a method for manufacturing a bio-electrode according to claim 1, the method comprising: forming the layer (A) on a substrate by applying a solution comprising a metal nanowire, or by printing an electro-conductive paste containing a conductive particle ([0242]: the electroconductive base is formed by printing a conductive paste DOTITE FA-333); and forming the layer (B) on the layer (A) by coating a bio-electrode composition comprising the polymer ([0208]: the bio-electrode composition, which comprises the polymer, was coated onto the electro-conductive base).
Claim(s) 2, 6, 10, 14, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hatakeyama/Quintanar/Li combination as applied to claim 1 in further view of Hatakeyama et al. (hereinafter ‘Hatakeyama ‘897’, EP 3067897 A1).
Regarding claim 2, the Hatakeyama/Quintanar/Li combination discloses the bio-electrode according to claim 1, wherein a laminate film (layers 2 and 3 form a laminated film as shown in Figs. 1-3), being a combination of the layer (A) and the layer (B), has a visible light transmittance of 50% or more (this is a property of the layer – because Hatakeyama discloses the same ionic layer as the claimed invention and the printed traces of the combination are within the disclosed width and formed in the same manner, it is the examiner’s position that the laminate film of the Hatakeyama/Quintanar/Li combination would inherently have the claimed transmittance value).
While it is the examiner’s position that the claimed transmittance is an inherent property of the combination, it is not outright stated in Hatakeyama.
Hatakeyama ‘897 teaches a conductive material comprising a π-conjugated polymer and a dopant polymer which contains one or more repeating units and has a weight-average molecular weight in the range of 1,000 to 500,000 ([Abstract]). Furthermore, the dopant polymer contains a fluorinated sulfonic acid, similar to the polymer compound of Hatakeyama, and contains one or more repeating units selected from a1 to a4 represented in formula 1 of Hatakeyama ‘897 ([0042]). The repeating units a1-a4 represented by the various formulas of Hatakeyama ‘897 ([0042]-[0046]) are identical to several of the selections for repeating unit-a of the polymer compound for Hatakeyama ([0068]-[0071]) and the instant application ([0164]-[0169]). Hatakeyama ‘897 further teaches that utilizing a conductive material formed of a composite between a dopant polymer and a π-conjugated polymer with a gold or silver nanowire forms a conductive material that has excellent conductivity, transparency, flatness, flexibility, durability, and low surface roughness ([0027]-[0030]). The transmittance created by the layer of Hatakeyama ‘897 is above 50% in all of the specific examples as shown in Table 1. While not specifically directed towards a bioelectrode, all of the benefits of the conductive material of Hatakeyama ‘897 would positively impact the bioelectrode of Hatakeyama and because the repeating units that form the respective polymers have identical subunit options, the combination would not be rendered inoperable. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the conductive layer of Hatakeyama with the conductive layer of Hatakeyama ‘897 to form a layer that results in excellent conductivity, the claimed transmittance, flatness, flexibility, and durability as well as low surface roughness. Lastly, because the laminate film is a film composed of the polymer layer and the printed electro-conductive layer, the sections of the laminate film that are devoid of the printed electro-conductive wires would have the same transmittance as the polymer layer, thus the laminate film has a transmittance of 50% or more.
Regarding claim 6, the Hatakeyama/Quintanar/Li/Hatakeyama ‘897 combination discloses the bio-electrode according to claim 2, wherein the repeating unit-a has a partial structure shown by any of the following general formulae (1)-1 to (1)-4 ([0029]: the repeating unit-a is preferably shown by the general formulae (1)-1 to (1)-4; the formulas are identical),
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wherein Rf1 and Rf2 each represent a hydrogen atom, a fluorine atom, an oxygen atom, a methyl group, or a trifluoromethyl group, provided that when Rf1 and Rf2 represent an oxygen atom, the single oxygen atom represented by Rf1 and Rf2 bonds to a single carbon atom to form a carbonyl group; Rf3 and Rf4 each represent a hydrogen atom, a fluorine atom, or a trifluoromethyl group, and at least one of Rf1 to Rf4 is a fluorine atom or a trifluoromethyl group; Rf5, Rf6, and Rf7 each represent a fluorine atom, a trifluoromethyl group, a linear or branched alkyl group having 1 to 4 carbon atoms, or an aryl group having 6 to 10 carbon atoms, and have at least one fluorine atom or trifluoromethyl group; and M+ represents an ion selected from the group consisting of an ammonium ion, a sodium ion, and a potassium ion; “m” represents an integer of 1 to 4 ([0030]-[0033]: the above limitations are disclosed).
Regarding claim 10, the Hatakeyama/Quintanar/Li/Hatakeyama ‘897 combination discloses the bio-electrode composition according to claim 6, wherein the repeating unit-a comprises at least one selected from the group consisting of repeating units A1 to A7 shown by the following general formula (2) ([0035]: the repeating unit-a comprises a repeating unit selected from the groups a1 to a7 following the general formula 2 which is the same),
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wherein, R1, R3, R5, R8, R10, R11, and R13 each independently represent a hydrogen atom or a methyl group; R2, R4, R6, R9, R12, and R14 each independently represent a single bond or a linear, branched, or cyclic hydrocarbon group having 1 to 13 carbon atoms, the hydrocarbon group is unsubstituted or substituted with either or both of an ester group and an ether group; R7 represents a linear or branched alkylene group having 1 to 4 carbon atoms, and one or two hydrogen atoms in R7 are unsubstituted or substituted with a fluorine atom; X1, X2, X3, X4, X6, and X7 each independently represent any of a single bond, a phenylene group, a naphthylene group, an ether group, an ester group, and an amide group; X5 represents any of a single bond, an ether group, and an ester group; Y represents an oxygen atom or a -NR19- group; R19 represents any of a hydrogen atom, a linear, branched, or cyclic alkyl group having 1 to 12 carbon atoms, and phenyl group, wherein the alkyl or phenyl groups of R19 comprise one or more groups selected from the groups consisting of ether groups, carbonyl groups, ester groups, and amide groups; wherein when Y is an NR19 group and R19 represents a linear, branched or cyclic alkyl group having 1 to 12 carbon atoms, or a phenyl group and R4 is a linear, branched, or cyclic hydrocarbon group having 1 to 13 carbon atoms a ring is formed, otherwise no ring is formed; Rf1’ and Rf5’ each represent a fluorine atom, a trifluoromethyl group, or a linear or branched alkyl group having 1 to 4 carbon atoms, and have at least one fluorine atom; “m” represents an integer of 1 to 4; a1, a2, a3, a4, a5, a6, and a7 satisfy 0≤a1≤1.0, 0≤a2≤1.0, 0≤a3≤1.0, 0≤a4≤1.0, 0≤a5≤1.0, 0≤a6≤1.0, 0≤a7≤1.0, and 0<a1+a2+a3+a4+a5+a6+a7≤1.0; and M+ represents an ion selected from the group consisting of an ammonium ion, a sodium ion, and a potassium ion ([0036]: the limitations above are met; while the claimed limitation additionally utilizes R14, R14 can optionally represent a single bond which is disclosed in a7 of Hatakeyama because R14 is left out and there is simply a single bond in its place; furthermore, Hatakeyama does not list Rf1’ representing an alkyl group, but again that is an “or” statement that does not require that limitation; finally, the limitations a1-a7 are “less than or equal to” and “greater than or equal to” ranges that are disclosed by Hatakeyama as the ranges disclosed simply don’t include all of the endpoints, but because the disclosed range is entirely within the claimed range, the limitations are met).
Regarding claim 14, the Hatakeyama/Quintanar/Li/Hatakeyama ‘897 combination discloses the bio-electrode according to claim 10, wherein the repeating unit-a comprises an ammonium ion shown by the following general formula (3) as an ammonium ion for forming an ammonium salt ([0038]: the component comprises an ammonium ion shown by the following formula (3) as the M+, this would form the salt with the anions shown in a1-a7 or (1)-1 to (1)-4),
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wherein, R101d, R101e, R101f, and R101g each represent a hydrogen atom, a linear, branched, or cyclic alkyl group having 1 to 15 carbon atoms, a linear, branched, or cyclic alkenyl group or alkynyl group having 2 to 12 carbon atoms, or an aromatic group having 4 to 20 carbon atoms, and are unsubstituted or substituted with one or more selected from the group consisting of an ether group, a carbonyl group, an ester group, a hydroxy group, a carboxy group, an amino group, a nitro group, a sulfonyl group, a sulfinyl group, a halogen atom, and a sulfur atom; and R101d and R101e form a ring together when R101d is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group and R101e is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group, or when R101d, R101e, and R101f form a ring together when R101d is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group, R101e is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group, and R101f is a linear, branched, or cyclic alkyl group, a linear, branched, or cyclic alkenyl group or alkynyl group, or an aromatic group when the ring is formed, R101d and R101e, or R101d, R101e, and R101f form an alkylene group having 3 to 10 carbon atoms, or to form a heteroaromatic ring having the nitrogen atom in the general formula (3) within the ring ([0039]: the above limitations are disclosed).
Regarding claim 18, the Hatakeyama/Quintanar/Li/Hatakeyama ‘897 combination discloses the bio-electrode according to claim 2, further comprising one or more resin (C) ([0147]: a resin is blended into the bio-electrode composition) selected from the group consisting of (meth)acrylate resin, (meth)acrylamide resin, urethane resin, polyurethane (meth)acrylate, polyvinyl alcohol, polyvinylpyrrolidone, polyoxazoline, polyglycerin, polyglycerin-modified silicone, polyglycerin(meth)acrylate, cellulose, polyethylene glycol, and polypropylene glycol, as a component of the layer (B) ([0153]: the resin can be a polyurethane resin which is a urethane resin).
Regarding claim 20, the Hatakeyama/Quintanar/Li/Hatakeyama ‘897 combination discloses the method for manufacturing a bio-electrode according to claim 2, the method comprising: forming the layer (A) on a substrate by applying a solution comprising a metal nanowire, or by printing an electro-conductive paste containing a conductive particle ([0242]: the electroconductive base is formed by printing a conductive paste DOTITE FA-333); and forming the layer (B) on the layer (A) by coating a bio-electrode composition comprising the polymer ([0208]: the bio-electrode composition, which comprises the polymer, was coated onto the electro-conductive base).
Response to Arguments
Applicant's arguments filed 5/20/2026 regarding the 112b rejections of claims 9-16 have been fully considered and are persuasive in light of the amendments. The 112b rejections of claims 9, 10, 13, and 14 have been withdrawn, claims 11, 12, and 15 have been cancelled by the applicant, rendering the 112b rejections of those claims moot.
Applicant's arguments filed 5/20/2026 regarding the 103 rejections of claim 1 have been fully considered but they are not persuasive. The Applicant initially argues that Hatakeyama and Quintanar do not disclose wherein the electro-conductive wiring layer is a fusion layer. These arguments 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. Specifically, Li is used to teach forming the electro-conductive layer as a fusion layer. Li teaches that utilizing such a process allows for a more transparent electrode as described above.
Applicant’s arguments that Hatakeyama does not disclose the transparency of the bio-electrode is not persuasive because the independent claim 1 does claim the transparency of the bio-electrode. Claim 2 claims the transparency which is taught by Hatakeyama ‘897 as described above.
Applicant’s arguments that the metallic flaps of the electrode center being a star-cut pattern are not persuasive. Claim 1 does not claim the transparency of the electrode. Claim 2 claims the transparency and Hatakeyama ‘897 is used to teach the claimed transparency value. Additionally, this is merely a property of the structures of the bioelectrode. The bioelectrode of the combination is made of the same materials and has the same structure as the claimed electrode, thus would have the same transparency values. Additionally, forming the layer as a fusion layer increases the transparency as taught by Li, resulting in the pattern having increased transparency even where the star pattern is present.
Therefore, the arguments presented are not persuasive and the rejection of claim 1 remains.
The rejections of the independent claims 1, 2, 5, 6, 9, 10, 13, 14, and 17-20 remain because the rejection of claim 1 remains.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM E MOSSBROOK whose telephone number is (703)756-1936. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.M./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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