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 Amendments filed February 13, 2026 have been entered. Currently, claims 1, 3, 6, 9, and 18 have been amended, and claims 1-20 are pending in the application.
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.
Claims 1-7, 10, 14-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard (U.S. Patent No. 8473072 B2), and further in view of Kirson (U.S. Application No. 20200171297 A1).
Regarding independent claim 1, Axelgaard discloses an apparatus comprising: an electrode subassembly (80) (Col. 4, lines 22-24 & Figs. 3-4) having:
a circuitry layer (i.e., conductive bridges 102) having a skin-facing inner side (i.e., visible surface on Fig. 3) and an outer side (i.e., a not visible/opposite surface on Fig. 3) (Col. 4, lines 26-29); and
a plurality of electrode elements (98, 110) disposed on the side of the circuitry layer and electrically coupled to the circuitry layer (Col. 3, lines 61-65; Col. 4, lines 30-32), wherein each electrode element of the plurality of electrode elements has an electrode edge (i.e., four edges of the rectangularly-shaped electrodes, as seen in Fig. 3) and an inner side (i.e., skin facing side, as seen in Figs. 3-4);
a layer of anisotropic material (84) electrically coupled to the plurality of electrode elements of the electrode subassembly (Col. 2, lines 10-12), the layer of anisotropic material disposed on the inner side of each electrode element of the plurality of electrode elements so that the plurality of electrode elements are positioned between the circuitry layer and the layer of anisotropic material (see Fig. 3, where the plurality of electrode elements are illustrated to be in between/laterally adjacent to both at least one bridge that makes up the circuitry layer and a side/edge that makes up the layer of anisotropic material). The claim language is still broad and does not specify the direction the electrode elements are positioned on in relation to the inner/outer sides of either the circuitry layer or the layer of anisotropic material), wherein the layer of anisotropic material has a skin-facing surface (88) and an opposing outwardly facing surface (86) (Col. 4, lines 26-31),
the layer of anisotropic material having a peripheral outer edge (i.e., four outer sides on the perimeter of the anisotropic material, as shown in Fig. 3), wherein the peripheral outer edge of the layer of anisotropic material extends beyond the electrode edge of each respective electrode element of the plurality of electrode elements (see Fig. 3); and
a skin contact layer (50) comprising a biocompatible conductive material (Col. 3, lines 27-30), wherein the skin contact layer is disposed on a skin-facing side of the layer of anisotropic material (see Fig. 4).
However, Axelgaard is silent, or not explicit on the specific arrangement of the circuitry layer in relation to the electrode element, particularly, wherein the electrode elements are disposed on the inner side of the circuitry layer.
Kirson, in the same field of endeavor, teaches an electrode apparatus (100) (pa. 0039 & Fig. 1) comprising a plurality of electrodes elements (110) disposed on an inner side of a circuitry layer (102) (pa. 0042).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated this specific electrode arrangement of Kirson into the apparatus of Axelgaard for the purpose of efficiently making contact with the user’s skin.
Regarding claim 2, Axelgaard/Kirson combination discloses wherein the circuitry layer comprises a primary branch (see circle superimposed in annotated Fig. 3 below) that extends along a first axis (see annotated Fig. 3), wherein the plurality of electrode elements comprise:
at least one electrode element positioned on a first side (see annotated Fig. 3) of the primary branch; and
at least one electrode element positioned on a second side (see annotated Fig. 3) of the primary branch,
wherein the second side is spaced from the first side along a second axis (see annotated Fig. 3) that is perpendicular to the first axis, wherein at least one of the at least one electrode element positioned on the first side of the primary branch and at least one of the at least one electrode element positioned on the second side of the primary branch are mechanically coupled to the primary branch in a manner that provides mechanical support and flexibility along both the first axis and the second axis (Axelgaard, Col. 3, lines 24-26).
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Regarding claim 3, Axelgaard/Kirson combination discloses wherein the at least one electrode element positioned on the first side of the primary branch comprises first and second electrode elements positioned on the first side of the primary branch (Axelgaard, see Fig. 3), and wherein the at least one electrode element positioned on the second side of the primary branch comprises third and fourth electrode elements positioned on the second side of the primary branch (Axelgaard, see Fig. 3), wherein the second electrode element has a first end edge (area denoted by a hand-drawn section on annotated Fig. 3 below which includes a combination of a corner, a portion of a vertical side, and a portion of horizontal side which makes up the square-shaped electrode element. Examiner notes that certain original annotations of Fig. 3 have been erased for clarity purposes) and a second end edge (area denoted by a hand-drawn section on annotated Fig. 3 below which includes a combination of a corner, a portion of a vertical side, and a portion of horizontal side which makes up the square-shaped electrode element) that each extend along or parallel to the first axis (at least the vertical portion of the first end edge and the second end edge), wherein the first and second end edges are spaced along the second axis (see Fig. 3), wherein the second electrode element has first and second side edges (area denoted by a hand-drawn section on annotated Fig. 3 below which includes a combination of a corner, a portion of a vertical side, and a portion of horizontal side which makes up the square-shaped electrode element) that extend between the first and second end edges along or parallel to the second axis (at least the horizontal portion of the first side edge and the second side edge), wherein the electrode subassembly defines a gap (cutout 94) (Col. 4, lines 26-29) between the first end edge of the second electrode element and the primary branch (as seen from the top view/skin-facing inner side in Fig. 3), and wherein the gap extends continuously for an entire length of the first end edge of the second electrode element (see Fig. 3).
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537
858
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Regarding claim 4, Axelgaard/Kirson combination discloses wherein the circuitry layer comprises:
a first secondary branch (see annotated Fig. 3 below) that extends away from a first end portion of the primary branch in a first direction along or parallel to the second axis; and
a second secondary branch (see annotated Fig. 3) that extends away from the first end portion of the primary branch in a second direction along or parallel to the second axis that is opposite the first direction,
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wherein the first secondary branch electrically and mechanically couples the first electrode element to the primary branch, and wherein the second secondary branch electrically and mechanically couples the third electrode element to the primary branch (Axelgaard, Col. 3, lines 24-26).
Regarding claim 5, Axelgaard/Kirson combination discloses wherein the circuitry layer further comprises:
a first tertiary branch (see annotated Fig. 3 in page 7 above) that extends away from the first electrode element along or parallel to the first axis in a direction toward a second end portion of the primary branch; and
a second tertiary branch (see annotated Fig. 3 in page 7 above) that extends away from the third electrode element along or parallel to the first axis in the direction toward the second end portion of the primary branch,
wherein the first tertiary branch electrically and mechanically couples the second electrode element to the first secondary branch, and wherein the second tertiary branch electrically and mechanically couples the fourth electrode element to the second secondary branch (Axelgaard, Col. 3, lines 24-26).
Regarding claim 6, Axelgaard/Kirson combination discloses wherein each second and fourth electrode elements has a respective first end edge that is spaced from the primary branch along or parallel to the second axis (Axelgaard, see Fig. 3).
Regarding claim 7, Axelgaard/Kirson combination discloses wherein each electrode element of the plurality of electrode elements comprises a first end edge (complete vertical portion that makes up the square-shaped electrode element as seen in annotated Fig. 3 below) that is parallel or substantially parallel to the first axis and that faces the primary branch (Axelgaard, see Fig. 3).
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Regarding claim 10, Axelgaard/Kirson combination discloses wherein each electrode element of the plurality of electrode elements further comprises an opposing second end edge (complete vertical portion that makes up the square-shaped electrode element as seen in annotated Fig. 3 below) that is parallel or substantially parallel to the first axis and that faces the peripheral outer edge of the layer of anisotropic material (Axelgaard, see Figs. 3-4).
Regarding claims 14-15, Axelgaard discloses wherein each electrode element comprises:
a metallic layer (i.e., a conductive coating on the electrode) having a skin-facing side and a skin-facing surface (Col. 3, lines 21-23).
However, Axelgaard does not disclose a layer of dielectric material, wherein the layer of dielectric material is disposed on the skin-facing side of the metallic layer and is electrically coupled to both of the metallic layer and the outwardly facing surface of the layer of anisotropic material, and wherein the layer of dielectric material comprises a ceramic material or a polymer film.
Kirson, in the same field of endeavor, teaches each of the electrode elements (110) are formed from a circular conductive plate that is coated with a ceramic dielectric material, wherein the circular conductor is electrically connected to an electrical contact of the flex circuit (102). The ceramic dielectric material faces toward the patient's body so it can make contact with the patient's skin (pa. 0042 & Fig. 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the dielectric material of Kirson to the apparatus of Axelgaard for the purpose of enhancing the contact with the patient's skin.
Regarding claim 16, Axelgaard/Kirson combination discloses wherein the skin-contact layer is a conductive adhesive composite (Axelgaard, Col. 3, lines 27-30).
Regarding independent claim 18, Axelgaard discloses an apparatus comprising:
an electrode subassembly (80) having:
a circuitry layer (i.e., conductive bridges 102) having a skin-facing inner side (i.e., visible surface on Fig. 3) and an outer side (i.e., a not visible/opposite surface on Fig. 3) (Col. 4, lines 22-29 & Figs. 3-4), wherein the circuitry layer comprises a primary branch (see circle in annotated Fig. 3 in page 4 above) that extends along a first axis (see annotated Fig. 3 above); and
a plurality of electrode elements (98, 110) disposed on the side of the circuitry layer and electrically coupled to the circuitry layer (Col. 3, lines 61-65; Col. 4, lines 30-32), wherein each electrode element of the plurality of electrode elements has an electrode edge (i.e., four edges of the rectangularly-shaped electrodes, as seen in Fig. 3);
a layer of anisotropic material (84) electrically coupled to the plurality of electrode elements of the electrode subassembly (Col. 2, lines 10-12), the layer of anisotropic material having a skin-facing surface (88) and an opposing outwardly facing surface (86) (Col. 4, lines 26-31), the layer of anisotropic material having a peripheral outer edge (i.e., four outer edges on the perimeter of the anisotropic material, as shown in Fig. 3), wherein the peripheral outer edge of the layer of anisotropic material extends beyond the electrode edge of each respective electrode element of the plurality of electrode elements (see Fig. 3); and wherein the layer of anisotropic material disposed on the inner side of each electrode element of the plurality of electrode elements so that the plurality of electrode elements are positioned between the circuitry layer and the layer of anisotropic material (see Fig. 3, where the plurality of electrode elements are illustrated to be in between/laterally adjacent to both at least one bridge that makes up the circuitry layer and a side/edge that makes up the layer of anisotropic material). The claim language is still broad and does not specify the direction the electrode elements are positioned on in relation to the inner/outer sides of either the circuitry layer or the layer of anisotropic material); and
a skin contact layer (50) comprising a biocompatible conductive material (Col. 3, lines 27-30), wherein the skin contact layer is disposed on a skin-facing side of the layer of anisotropic material (see Fig. 4);
wherein the plurality of electrode elements comprise:
first and second electrode elements positioned on a first side of the primary branch (see annotated Fig. 3 in page 5 above); and
third and fourth electrode elements positioned on a second side of the primary branch, wherein the second side is spaced from the first side along a second axis that is perpendicular to the first axis (see annotated Fig. 3 in page 5 above),
wherein at least one of the first and second electrode elements positioned on the first side of the primary branch and at least one of the third and fourth electrode elements positioned on the second side of the primary branch are mechanically coupled to the primary branch in a manner that provides mechanical support and flexibility along both the first axis and the second axis (Col. 3, lines 24-26).
However, Axelgaard is silent, or not explicit on the specific arrangement of the circuitry layer in relation to the electrode element, particularly, wherein the electrode elements are disposed on the inner side of the circuitry layer.
Kirson, in the same field of endeavor, teaches an electrode apparatus (100) (pa. 0039 & Fig. 1) comprising a plurality of electrodes elements (110) disposed on an inner side of a circuitry layer (102) (pa. 0042).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated this specific electrode arrangement of Kirson into the apparatus of Axelgaard for the purpose of efficiently making contact with the user’s skin.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard and Kirson, as applied to claim 1 above, and further in view of Popovici (W.O. Application No. 2021200859 A1).
Regarding claim 8, Axelgaard/Kirson combination discloses wherein each electrode element of the plurality of electrode elements further comprises an opposing second end edge (complete vertical portion that makes up the square-shaped electrode element as seen in Fig. 3) that faces the peripheral outer edge of the layer of anisotropic material (Axelgaard, see Figs. 3-4).
However, they do not teach wherein the second end edge is rounded.
Popovici, in the same field of endeavor, teaches a biosensor (100) comprising a plurality of electrodes (10) (see Fig. 1), wherein the shape of the electrodes is not limited to a rectangle, and they can alternatively be D-shaped electrodes or semicircles (page 6, second to last paragraph & Fig. 16).
It would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have changed the shape of the straight second edge of Axelgaard to a curved shape of Popovici, since applicant has not disclosed that the shape of the second edge solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with either shaped electrode edge.
Regarding claim 9, Axelgaard/Kirson combination discloses wherein each electrode element of the plurality of electrode elements further comprises first and second side edges (complete upper and lower horizontal portions that makes up the square-shaped electrode element as seen in Fig. 3) that extend between the first and second end edges of the electrode element (Axelgaard, see annotated Fig. 3 below).
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However, they do not teach wherein the opposing second edge is rounded along an entire length of the opposing second end edge between the first side edge and the second side edge.
Popovici, in the same field of endeavor, teaches a biosensor (100) comprising a plurality of electrodes (10) (see Fig. 1), wherein the shape of the electrodes is not limited to a rectangle, and they can alternatively be D-shaped electrodes or semicircles (page 6, second to last paragraph & Fig. 16).
It would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have changed the shape of the straight second edge of Axelgaard to a curved shape of Popovici, since applicant has not disclosed that the shape of the second edge solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with either shaped electrode edge.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard and Kirson, as applied to claim 1 above, and further in view of Iwase (U.S. Application No. 20200291274 A1).
Regarding claim 11, Axelgaard/Kirson combination discloses the invention substantially as claimed in claim 1 discussed above.
However, they do not teach a layer of conductive adhesive composite positioned between a skin-facing surface of the plurality of electrode elements of the electrode subassembly and the outwardly facing surface of the layer of anisotropic material, wherein the layer of conductive adhesive composite is configured to facilitate electrical contact between the plurality of electrode elements and the outwardly facing surface of the layer of anisotropic material.
Iwase, in the same field of endeavor, teaches an apparatus (101) comprising an adhesive agent layer (3), with anisotropic conductive properties, that is affixed to a wiring board (100) and therefore allows for biosignals obtained from the skin surface S can be transmitted to an electrode (33) (pa. 0044 & Figs. 1a-1b).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anisotropic layer of Axelgaard to include an adhesive agent, as taught by Iwase, in order to provide for a method of mechanically and electrically reinforcing the connection between the electrodes and the anisotropic layer of the apparatus of Axelgaard.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard and Kirson, as applied to claim 1 above, and further in view of Munck (U.S. Patent No. 4736752 A).
Regarding claim 12, Axelgaard discloses further comprising a covering layer (58) having an inner side (i.e., surface closest to the skin of the user, as seen in Fig. 4) and an outer side (i.e., surface furthest to the skin of the user, as seen in Fig. 4), wherein the inner side is disposed on the outer side of the circuitry layer (see Fig. 4), wherein portions of the covering layer extend beyond the electrode edge of each of the electrode elements (Col. 3, lines 57-60).
However, Axelgaard/Kirson combination do not teach wherein portions of the covering layer extend beyond the peripheral outer edge of the layer of anisotropic material to define at least one attachment surface.
Munk, in the same field of endeavor, teaches a medical electrode (10) comprising a backing sheet (12) which extends beyond a peripheral outer edge of the layer of conductive grid (20) to define at least one attachment surface (Col. 4, lines 39-44 & Fig. 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the size of the covering layer of Axelgaard for the purpose of providing additional insulating surface area for the anisotropic layer.
Claims 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard and Kirson, as applied to claims 1 and 18 above, and further in view of Reddy (U.S. Application No. 20050228335 A1).
Regarding claims 13 and 20, Axelgaard/Kirson combination discloses the invention substantially as claimed in claims 1 and 18 and discussed above.
However, they do not teach wherein the electrode subassembly has a total areal footprint, wherein the layer of anisotropic material has a total areal footprint, and wherein a ratio of the total areal footprint of the electrode subassembly to the total areal footprint of the layer of anisotropic material is from 20% to 95%.
Reddy, in the same field of endeavor, teaches an electrode assembly (100) comprising a plurality of electrode elements (104, 106) (pa. 0052 & Fig. 2), the footprint area of the assembly is in the range of about 22
c
m
2
to 30
c
m
2
and the total contact area for the electrodes is about 6.3
c
m
2
(pa. 0065).
Since the total footprint of the assembly is known, is it possible to determine the total footprint of the remainer contacting structures (i.e., total assembly footprint area minus the electrode footprint area) which would be approximately 23. 7
c
m
2
(i.e., 30-6.3). Therefore, the ratio of the total areal footprint of the assembly to the total areal footprint of the remaining contacting structures is approx. 27% (i.e., 6.3 divided by 23.7, times 100).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the total areal footprint of the electrode subassembly of Axelgaard to be approx. 30
c
m
2
, as taught by Reddy, and to have modified the total areal footprint of the anisotropic material of Axelgaard (i.e., indicative of the remaining contacting structures of Reddy) to be approx. 23. 7
c
m
2
for the purpose of providing an apparatus with enhanced signal isolation and versatility.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard and Kirson, as applied to claim 1 above, in view of Iwase (U.S. Application No. 20200291274 A1), and further in view of Axelgaard (U.S. Application No. 20170209684A1), henceforth referred to as Axelgaard84.
Regarding claim 17, Axelgaard/Kirson combination discloses wherein the peripheral outer edge of the layer of anisotropic material extends beyond the electrode edge of each respective electrode element of the plurality of electrode elements (Axelgaard, see Fig. 3).
However, they do not teach wherein the anisotropic material comprises graphite.
Iwase, in the same field of endeavor, teaches an apparatus (101) comprising an adhesive agent layer (3), with anisotropic conductive properties (pa. 0044), due to a conductive filler (graphite-based) in the adhesive agent (pa. 0005).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anisotropic layer of Axelgaard to include a graphite material, as taught by Iwase, for the purpose of allowing transferring electrical signals between the skin surface of the user and the circuitry layer.
However, Axelgaard/Kirson/Iwase combination do not explicitly teach wherein the peripheral outer edge of the layer of anisotropic material extends beyond the electrode edge of each respective electrode element of the plurality of electrode elements by at least 1 mm.
Axelgaard84, in the same field of endeavor, teaches an electrode assembly (10) comprising a peripheral outer edge of a conductive material (i.e., layer D) (pa. 0034) extending beyond an electrode edge (i.e., layer C) (pa. 0035) by at least 1 mm (O2 which is equal to 1/8 ‘’ or 3.175 mm) (pa. 0036 & Fig. 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the extension of the anisotropic layer of Axelgaard to be by at least 1mm, as taught by Axelgaard84, for the purpose of preventing and/or reducing the chance of edge burning or undesirable localized heating (Axelgaard84, pa. 0036).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard and Kirson, as applied to claim 18 above, and further in view of Axelgaard (U.S. Application No. 20170209684A1), henceforth referred to as Axelgaard84.
Regarding claim 19, Axelgaard/Kirson combination discloses wherein the peripheral outer edge of the layer of anisotropic material extends beyond the electrode edge of each respective electrode element of the plurality of electrode elements (Axelgaard, see Fig. 3).
However, they do not explicitly teach wherein the peripheral outer edge of the layer of anisotropic material extends beyond the electrode edge of each respective electrode element of the plurality of electrode elements by at least 1 mm.
Axelgaard84, in the same field of endeavor, teaches an electrode assembly (10) comprising a peripheral outer edge of a conductive material (i.e., layer D) (pa. 0034) extending beyond an electrode edge (i.e., layer C) (pa. 0035) by at least 1 mm (O2 which is equal to 1/8 ‘’ or 3.175 mm) (pa. 0036 & Fig. 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the extension of the anisotropic layer of Axelgaard to be by at least 1mm, as taught by Axelgaard84, for the purpose of preventing and/or reducing the chance of edge burning or undesirable localized heating (Axelgaard84, pa. 0036).
Response to Arguments
Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive.
With regards to independent claims 1 and 18, Applicant argues that Axelgaard fails to disclose a "circuitry layer" and a "layer of anisotropic material" as recited in the claims, and certainly does not disclose a plurality of electrode elements positioned "between the circuitry layer and the layer of anisotropic material," as in either claim 1 or claim 18. Specifically, Applicant points to Fig. 2 of Axelgaard as evidence for these arguments. However, Examiner, respectfully, disagrees.
The Examiner only utilized figures 3-4 of the Axelgaard reference and does not utilize figure 2. Furthermore, figures 3-4 clearly show an electrode subassembly (80) (Col. 4, lines 22-24 & Figs. 3-4) having a circuitry layer (Col. 4, lines 26-29) and a layer of anisotropic material (84) electrically coupled to the plurality of electrode elements of the electrode subassembly (Col. 2, lines 10-12), the layer of anisotropic material disposed on the inner side of each electrode element of the plurality of electrode elements so that the plurality of electrode elements are positioned between the circuitry layer and the layer of anisotropic material (see Fig. 3, where the plurality of electrode elements are illustrated to be in between/laterally adjacent to both at least one bridge that makes up the circuitry layer and a side/edge that makes up the layer of anisotropic material. The claim language is still broad and does not specify the direction the electrode elements are positioned on in relation to the inner/outer sides of either the circuitry layer or the layer of anisotropic material). Therefore, for the reasons set-forth above, the rejection using the Axelgaard reference is maintained.
With regards to claim 3, Applicant argues that neither the Axelgaard and Kirson disclose the newly amended language. However, Examiner disagrees.
A new interpretation of the Axelgaard reference discloses wherein the second electrode element has a first end edge (area denoted by a hand-drawn section on annotated Fig. 3 below which includes a combination of a corner, a portion of a vertical side, and a portion of horizontal side which makes up the square-shaped electrode element) and a second end edge (area denoted by a hand-drawn section on annotated Fig. 3 on page 6 above which includes a combination of a corner, a portion of a vertical side, and a portion of horizontal side which makes up the square-shaped electrode element) that each extend along or parallel to the first axis (at least the vertical portion of the first end edge and the second end edge), wherein the first and second end edges are spaced along the second axis (see Fig. 3), wherein the second electrode element has first and second side edges (area denoted by a hand-drawn section on annotated Fig. 3 on page 6 above which includes a combination of a corner, a portion of a vertical side, and a portion of horizontal side which makes up the square-shaped electrode element) that extend between the first and second end edges along or parallel to the second axis (at least the horizontal portion of the first side edge and the second side edge), wherein the electrode subassembly defines a gap (cutout 94) (Col. 4, lines 26-29) between the first end edge of the second electrode element and the primary branch (as seen from the top view/skin-facing inner side in Fig. 3), and wherein the gap extends continuously for an entire length of the first end edge of the second electrode element (see Fig. 3). Therefore, the rejection using this new interpretation of the Axelgaard reference is set-forth.
With regards to claims 8-9, Applicant argues that neither the Axelgaard and Kirson disclose the newly amended language. Examiner finds this persuasive, and therefore, the rejection has been withdrawn. However, upon further consideration, the following new grounds of rejection have been set forth in the action above:
Claims 8-9 rejected under 35 U.S.C. 103 as being unpatentable over Axelgaard and Kirson, as applied to claim 1 above, and further in view of Popovici (W.O. Application No. 2021200859 A1).
It is the Examiner’s position that the newly filed rejections based on the combination of references are tenable for at least the reasoning set forth in the action above.
Conclusion
Applicant's 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 reply 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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/A.V.G./Examiner, Art Unit 3794 /Ronald Hupczey, Jr./Primary Examiner, Art Unit 3794
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