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 . 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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
EXAMINER COMMENT
There are two different claim groups in this application: group 1 , claims 1-9 and 10-11, drawn to a product or a fiber-based strain sensor and group 2 : claims 12-13 that is drawn to process of making the product, and a restriction may be required under 35 U.S.C. 121, however, since, the claims at this time have been drafted too broad so that there is no burden of search, Examiner decided NOT to do a restriction at this time to advance the prosecution. Examiner is reminding that if the Applicant intends to further limit the process of manufacturing after submitting amendments, they may be subject to the restriction in the next office action.
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 7 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.
Claim 3 recites “wherein an insulator is formed in the first flexible part or in the second flexible part.”. there are two different insulator disclosed in the specification, one is on the surface of first flexible part (e.g., ¶0054 of PG-PUB: an insulator 300 is formed on the first flexible part 10a or on the second flexible part 10b.) the other embodiment is using at least one of polyurethane, styrene-butadiene-styrene (SBS), styrene butadiene rubber (SBR), and polydimethylsiloxane (PDMS) which are formed of polymer materials and the conductive part in the flexible part.
Claim 7 depends on claim 3 as is claiming the embodiment of shown in figs.1-2, and should be amended to correctly define and claim the embodiment. In other words, Claim 7 cannot depend on claim 3 without citing these claimed insulators are on the flexible parts, in claim 7.
For examination, insulators of claim 7 are interpreted as insulators formed on the first flexible part or on the second flexible part.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 9-10 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by LEE,KR 102026011 B1.
Claim 1
LEE figs.1-5 teaches:
A fiber-based strain sensor (100, e.g., ¶0001) comprising:
at least one first electric conductive line (110) including a first flexible part having electric conductivity (e.g., ¶0054¶0068) and
at least one second electric conductive line (120) which is woven (e.g., fig.1 ¶0055) to be in partially contact (e.g., fig.2 and 110 and 120 are twisted ¶0055) with the first electric conductive line (120), includes a second flexible part having electric conductivity (e.g., ¶0054), and is implemented to conduct electricity with the first flexible part (110) having electric conductivity in a stretched state (e.g., figs.6-7¶0086¶0087¶0093).
Claim 2
LEE discloses the fiber-based strain sensor according to claim 1, wherein the first electric conductive line (110) and the second electric conductive line (120) are woven to be twisted (fig.2¶0055) and a first node (fig.2, not labeled but shown by mutually connection of 110,120 ) connected to the first electric conductive line 110 and a second node (fig.2, not labeled but shown by mutually connection of 110,120 ) connected to the second electric conductive line 120 forms a mutual resistance (e.g., ¶0091, fig.3,5-6) which is formed to be equal to or lower than a predetermined resistance according to a stretched state (the same structure has the same function, in other words, function met by the same structure also fig.6 discloses more stretch more resistance).
Claim 3
LEE teaches the fiber-based strain sensor according to claim 2, wherein an insulator
is formed in the first flexible part or in the second flexible part (¶0078: conductive polymer may be composed of pressure sensitive polymers whose electrical properties can change in response to external pressure polymers that mix conductive materials with rubber-like polymers, and when external pressure is applied, the gap between the conductive materials decreases and the conductivity increases).
Claim 4
LEE teaches the fiber-based strain sensor according to claim 3, wherein a degree of resistance change is adjusted by adjusting a number of times of twisting the at least one first electric conductive line and the at least one second electric conductive line or a degree of twisting the at least one first electric conductive line and the at least one second electric conductive line (this claim limitation is claiming a product by a process (PBP), and For a PBP claim to be valid and distinct from prior art, the process limitation must impart a unique, structural characteristic to the final product. Simply stating the intended use or a standard process isn't enough if the prior art product has the same structure see MPEP 2113, besides function is met by the same structure)1.
Claim 5
LEE teaches the fiber-based strain sensor according to claim 3, wherein in the first electric conductive line or the second electric conductive line, a conductive part having the electric conductivity is formed by depositing metal nano particles in the first flexible part or the second flexible part and the insulator is formed by depositing an insulating thin film on a surface of the conductive part and the insulating thin film is cured by selective irradiation of ultraviolet ray or laser or selective thermal treatment (¶0116 teaches method of making and a product by process is taught by the prior art teaching the same product by forming metal nano particles in the first flexible part or the second flexible part furthermore, based on MPEP2113: For a PBP claim to be valid and distinct from prior art, the process limitation must impart a unique, structural characteristic to the final product. Simply stating the intended use or a standard process isn't enough if the prior art product has the same structure.).
Claim 6
LEE teaches the fiber-based strain sensor according to claim 3, wherein the first flexible part 110 and the second flexible part 120 include at least one of polyurethane (¶0078), styrene-butadiene-styrene (SBS), styrene butadiene rubber (SBR), and polydimethylsiloxane (PDMS) (e.g., ¶0024) which are formed of polymer materials (e.g.,¶0078¶0024 ) and the conductive part includes at least one of metal material implemented by nano particles, a conductive organic material, and nano materials (e.g.,¶0025).
Claim 9
LEE teaches the fiber-based strain sensor according to claim 1, wherein the fiber-based strain sensor is implemented to be applied to a stretchable device (wearable device e.g., ¶0002¶0088) and the stretchable device is applied in a position in which the fiber-based strain sensor is stretchable in a length direction (e.g., method of use is taught by the prior art teaching same structure besides fig.3 ¶0092also teaches the limitation2).
Claim 10
LEE figs.1-7 teaches:
A monitoring system, comprising:
a fiber-based strain sensor (e.g., figs.1-2: 100) including: at least one first electric conductive line 110 including a first flexible part having electric conductivity (e.g., ¶0054) and at least one second electric conductive line 120 which is woven (¶0055 also shown on e.g., fig.2) to be in partially contact (at least fig.2 and 110 and 120 are twisted ¶0055) with the first electric conductive line 110, includes a second flexible part having electric conductivity (¶0054), and is implemented to conduct electricity with the first flexible part 110 having electric conductivity in a stretched state e.g., figs.6-7(fig.3 and ¶0085¶0087);
a stretchable device (fig.3, e.g., ¶0003-¶0005) to which the fiber-based strain sensor 100 is applied and which is implemented to be stretchable by a motion (e.g., figs.3 and 6); and
a monitoring device (not shown but the results or monitored conductivities of monitoring device shown resistance change of the fiber-type sensor according to each external stimulus is described in detail with reference to FIGS. 4 to 7) which receives current generated upon stretching in a wired or wireless method to monitor the state of the stretchable device (e.g., ¶0094, fig.6).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over LEE,KR 102026011 B1 in view of Yoshida, US 11402282 B2.
Claim 7
LEE teaches the fiber-based strain sensor according to claim 3, but does not teach wherein the insulator includes at least one of organic materials which form an insulator characteristic, such as SU-8, polyimide, PVA, PMMA, or CYTOP or oxide, such as SiOx or HfOx.
In the similar field of endeavor, Yoshida teaches wherein the insulator includes at least polyimide (Col.63 L.59-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Yoshida‘s polyimide as an insulator for LEE‘s insulator. Based on based on MPEP 2143 (C), courts have ruled that Use of known technique (using Yoshida‘s polyimide) to improve similar devices (methods, or products) (LEE’s insulator) in the same way is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over LEE,KR 102026011 B1 in view of SHIMOYAMA , WO 2013085038 A1.
Claim 8
LEE teaches the fiber-based strain sensor according to claim 3, wherein the insulator adjusts a degree of causing a crack according to strain, by adjusting a modulus, a thickness, or a hardness by means of curing (this is PBP claim and based on MPEP2113: For a PBP claim to be valid and distinct from prior art, the process limitation must impart a unique, structural characteristic to the final product. Simply stating the intended use or a standard process isn't enough if the prior art product has the same structure).
Additionally, In the similar field of endeavor, SHIMOYAMA teaches the insulator adjusts a degree of causing a crack according to strain, by adjusting a hardness by means of curing3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use SHIMOYAMA‘s curing for LEE‘s insulator and adjust a degree of causing a crack according to strain by adjusting hardness by means of curing. One of ordinary skill in the art would have been motivated to make this modification in order to achieve hardness that does not break and softness that can be deformed flexibly under the external force (see translation of SHIMOYAMA)4 .
Claim 11 rejected under 35 U.S.C. 103 as being unpatentable over LEE,KR 102026011 B1 in view of VISELL, US 20200003638 A1.
Claim 11
LEE teaches the monitoring system according to claim 10, wherein the stretchable device (e.g., wearable device ¶0005) is implemented to apply the fiber-based strain sensor 100 in a position to be stretchable in a length direction so that the first electric conductive line and the second electric conductive line conduct electricity upon stretching and when the electricity is conducted by the stretching, the monitoring device predicts a shape of the stretchable device to provide a feedback (e.g., fig.3 ¶0090¶0091).
LEE does not specifically teach in real time. In the similar field of endeavor, VISELL in figs.9-13 teaches to provide a feedback in real time (e.g., ¶0055¶061). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use VISELL‘s monitor for LEE‘s monitor to provide a feedback in real time. One of ordinary skill in the art knows well many smart wearable devices providing feedback in real time would have been motivated to make this modification in order to have information in real time when needed.
Claim 12 rejected under 35 U.S.C. 103 as being unpatentable over LEE,KR 102026011 B1 in view of MAEDA, CN 112957030 A.
Claim 12
LEE teaches:
A manufacturing method for manufacturing a fiber-based strain sensor, comprising:
a step of forming a conductive part having electric conductivity 110 by forming metal nano particles (e.g., ¶0116) in a flexible part including elasticity (e.g., ¶0054¶0116); and
a step of weaving (e.g.,¶0055) at least two electric conductive lines 110,120 to be in partially contact with each other (fig.2) when the electric conductive lines are stretched (e.g., fig.6), to conduct electricity (e.g., fig.3), but it does not teach depositing.
In the similar field of endeavor, MAEDA teaches depositing metal nano particles5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use MAEDA‘s depositing for LEE‘s depositing. One of ordinary skill in the art knows different type of forming a layer including depositing method and based on MPEP 2143 (B), courts have ruled that Simple substitution of one known element for another to obtain predictable results, is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over LEE,KR 102026011 B1 in view of Vervuurt , Vervuurt, Rene HJ, et al. "Uniform atomic layer deposition of Al2O3 on graphene by reversible hydrogen plasma functionalization." Chemistry of Materials 29.5 (2017): 2090-2100.
Claim 13
LEE in view of MAEDA teaches the manufacturing method according to claim 12, but does not teach further comprising: a step of forming an insulator by depositing an insulating thin film on a surface of the conductive part, wherein in the step of forming an insulator, the insulator is formed by curing through selective irradiation of ultraviolet ray or laser or selective thermal treatment.
In the similar field of endeavor, Vervuurt teaches depositing insulation thin film on conductor (graphene) using (ALD): atomic layer deposition and subsequent thermal treatment at 400C to restore conductor quality (e.g., Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Vervuurt‘s depositing insulation thin film on conductor for the modified LEE‘s method. based on MPEP 2143 (C), courts have ruled that Use of known technique to improve similar devices (methods, or products) in the same way is within the purview of a skilled artisan. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421,82 USPQ2d 1385, 1395-97 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Okumiya, US 20180328708 A1
Okumiya teaches wherein the first electric conductive line (1,11) and the second electric conductive line (2,12) are woven to be twisted (fig.5) and a first node r1 connected to the first electric conductive line 1,11 and a second node r2 connected to the second electric conductive line 2,12 forms a mutual resistance (R0, ¶0056) which is formed to be equal to or lower than a predetermined resistance (R(G )¶0058) according to a stretched state (¶0056-¶0058).
Also, Okumiya teaches SU-8, polyimide, PMMA, PVA or oxide, as insulator(¶0032¶0042).
Also, Okumiya teaches wherein a degree of resistance change is adjusted (functional language met by the apparatus claim capability of doing the function) by adjusting a number of times of twisting the at least one first electric conductive line and the at least one second electric conductive line or a degree of twisting the at least one first electric conductive line and the at least one second electric conductive line (L and G are number of infinitesimal unit lengths and ¶0056-¶0058).
VISELL , US 20200003638 A1
In nfigs.3A-3E ,6 and ¶0026 teaches wherein a degree of resistance change is adjusted by adjusting a number of times of twisting the at least one first electric conductive line and the at least one second electric conductive line or a degree of twisting the at least one first electric conductive line and the at least one second electric conductive line.
Boyce, US 20150201694 A1
In e.g., figs.6-7 teaches he Stretchable Electronic Head Impact Monitor can take on many different geometrically patterned substrate forms to enable desired stretching, flexing and twisting where the size of the low strain domains can be altered and the geometry and positioning of the hinge-like regions can also take many different forms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fatemeh E. Nia whose telephone number is (469)295-9187. The examiner can normally be reached 9:00 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEMEH ESFANDIARI NIA/Examiner, Art Unit 2855
1 See also Vissel, US 20200003638 A1 in conclusion which teaches this limitation based on obviousness.
2 See also US 20150201694 A1 in conclusion
3 See e.g., this citation of SHIMOYAMA on translated copy provided by the office :” In order to achieve hardness that does not break and softness that can be deformed flexibly under the external force from the tongue TG or food FD, for example, use an elastic member with a weight ratio of 10: 1 as the main agent and curing agent Is preferred.”
4 See e.g., this citation of SHIMOYAMA on translated copy provided by the office :” In order to achieve hardness that does not break and softness that can be deformed flexibly under the external force
5 See e.g., this citation of MADA in the translated version by the office “depositing a layer of silver nano-wire on the polyurethane fibre film by vacuum filtering method of silver nano-wire dispersion after ultrasonic dispersion, forming composite nano fibre film; finally putting the composite nano fibre film into a vacuum drying box to dry for 1.5h to 2h to obtain the composite nano fibre film flexible strain sensor.”