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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 19FEB2026, which incorporates the amendments made in the After Final Response filed 01DEC2025, has been entered.
Status of Claims
The amendments and remarks filed on 01DEC2025 have been entered and considered.
Claims 19-38 are currently pending.
Claims 19, 20, & 29 have been amended.
Claims 1-18 were previously canceled by applicant.
No claims have been added or withdrawn.
Claims 19-38 are under examination.
Response to Arguments
Applicant's amendments filed 01DEC2025 regarding the rejections under 35 U.S.C 112(b) have been fully considered and have found to obviate the rejection. Therefore, the rejections have been withdrawn.
Applicant's arguments filed 01DEC2025 regarding the rejections under 35 U.S.C 102(a)(1) & 103 have been fully considered but are not persuasive. Parts deemed not persuasive discussed below:
Applicant argues (Pages 7-8 of the Remarks):
“Daniels is cited as disclosing that the TPU layer in Fig. 44(b) is a non-conductive layer comprised of a non-conductive printing ink on a fabric base as claimed. Figure 44(b) It is readily apparent that the TPU layer is not a "non-conductive printed ink" at all as required by independent claims 19 and 29. It is a Thermoplastic Polyurethane layer as its acronym ("TPU") obviously indicates (see paragraph [0370]), not a non-conductive printing ink. And even if somehow the Examiner is equating the combination of the TPU and the printed ink that is pre-treated onto the TPU layer as being the "non-conducting printing ink" as claimed, this also fails since the printed ink that is pre-treated onto the TPU layer is explicitly disclosed as a conductive printed ink not a NON-conductive printed ink as claimed. Finally, even if the conductive printed ink pre-treated onto the TPU layer was somehow construed as a non-conductive printed ink as claimed, that ink would still not be in "direct contact with the fabric base" as claimed. The TPU is an intervening layer separating any ink from the fabric base.”
The examiner is not persuaded as Figure 44b refers to a manufacturing process of the electrodes using the TPU material, fabric, and conductive ink. Thermoplastic urethane can be electrically insulative, see ¶0427 for example “with the application of heat and pressure as disclosed herein, the conductive particulate and binder of the conductive ink is forced into a forming along with the TPU material a gradient where at the surface and below the surface towards the bulk of the TPU, a gradient of material concentrations are achieved where greater conductive material is located towards the surface and greater insulative TPU material is located towards the TPU bulk or bottom of the TPU sheet” which discusses the formations of the electrode and how the TPU layer is effectively an insulative layer when looking at the diffusion gradient. The examiner maintains that since TPU layers are formed through a printing process, and one of ordinary skill in the art would understand that TPU can be used as a printing ink in electrode formation, and therefore the preformed TPU layer is still an example of a non-conductive ink, though not explicitly disclosed to be printed in Daniels. Additionally, paragraph ¶0370 further states “In the REEP™ process, a stretchable conductive ink (e.g., DuPont's PE971) is printed onto a pre-treated Thermoplastic Polyurethane (TPU) adhesive substrate, the printed TPU is then subjected to heat and pressure to cure the printed ink and form a robust diffusion bond between the ink layer and the TPU substrate.”. It is unclear what the applicant is attempting to arguing regarding the paragraph as ¶0370 is showing that the TPU layer is bonded to a conductive layer to form the electrode surface. The examiner therefore maintains that Daniels teaches the claim limitations, specifically that the TPU layer is the non conductive ink layer which is then treated to bond to a conductive layer.
Claim Rejections - 35 USC § 102
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 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.
Claims 19-24, 26, 28-33, 36, & 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daniels et al. (Us Publication No. 20200353239;Previously Cited).
Regarding claim 19, Daniels discloses a method of delivering an electromagnetic signal (Daniels ¶0016 “The individually addressable electrodes are for at least one of applying stimulation electrical signals to skin of a user and detecting biometric electrical signals from the skin of the user.”) to skin of a mammal comprising: placing a region of a printed conductive ink layer of an electrode on the skin of a mammal, (Daniels ¶243 “Each electrode is in electrical communication with one or more biological components of the user, such as the skin of the user and through the skin the nerves and muscles.”; ¶0259 “The preprinted conductive pattern comprising electrodes may be configured for making face to face contact with the skin of user for at least one of detecting electrical signals from the skin of the user and applying electrical signals to the skin of the user.”) wherein the printed conductive ink layer is disposed on a non-conductive layer insulating the printed conductive ink layer from a fabric base (Daniels Figures 53 as described in ¶0134 Showing the layering of the electrode. The examiner in interpreting the TPU print media layer as the printed non-conductive layer), and wherein the non- conductive layer comprises a non-conductive printing ink that is in direct contact with on the fabric base (Daniels ¶0124 “FIG. 44(b) illustrates a roll-to-roll manufacturing process for making a robust exposed electrode formed as a patterned elastic conductive ink on TPU adhered to fabric;” showing that the non-conductive layer (TPU print media) is in direct contact with the fabric base. The examiner further maintains that the TPU layer is equivalent to the non-conductive printing ink as TPU is known to be used in printing processes to form layers such as the preformed layer provided in Daniels); generating an electromagnetic signal from a power supply; delivering the electromagnetic signal to the region of the printed conductive ink layer (Daniels Figure 15 shows an energy module (power supply) coupled to a TENs module that is coupled to the printed electrode to provide stimulation); insulating the electromagnetic signal from being delivered to any location other than the region of the printed conductive ink layer placed on the skin of a mammal (Daniels ¶0296 “FIG. 23 illustrates a screen print artwork for printing an elastic conductive ink onto a print media for transfer and lamination onto a housing comprised of an elastic fabric material. FIG. 24(a) illustrates a die, laser or knife cut insulator patch for allowing individually addressable electrodes to contact the skin of a user while insulating from electrical communication with the skin non-electrode conductive traces.”; ¶0410 “The HHMI can be configured as a sleeve, legging, jumpsuit, coverall, jacket, trouser, cap, glove or other wearable electronic. The HHMI may be comprised of a multilayered structure with the electrodes in contact with the skin of the user, insulation and wiring layers, and the sleeve covering. The layers, such as the outer covering may be, for example, a thin, multi-axial stretchable fabric. The fabric can be electrically insulating, and contain conductive threads, patches, coatings or inks to conduct the detected and applied electrical signals”).
Regarding claim 20, Daniels additionally discloses wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a printed encapsulating layer disposed on the printed conductive ink layer except on the region of the printed conductive ink layer placed on the skin (Daniels Figure 50 showing the invention having a releasable sheet that insulates the conductive layer when not in use and can be removed when in use).
Regarding claim 21, Daniels additionally discloses wherein delivering the electromagnetic signal comprises delivering the electromagnetic signal through the printed conductive ink layer to a second printed conductive ink layer (Daniels ¶0456 “After forming the conductive layer, a second or multiple additional layers of conductive particulate can be formed on the conductive surface, and embedded into the conductive surface.”).
Regarding claim 22, Daniels additionally discloses wherein delivering the electromagnetic signal to the printed conductive ink layer comprises delivering the electromagnetic signal to a patterned material. (Daniels ¶0475 “The conductive particulate can be patterned as lead lines and connection lands for forming a printed circuit. The connection of the predetermined pattern of the semiconductor devices forms an electronic circuit having the semiconductor devices electrically and mechanically connected to the connection lands and the lead lines provide for the flow of electrons between the semiconductor devices during the operation of the printed circuit.”).
Regarding claim 23, Daniels further discloses wherein the method further comprises adhering the electrode to an inside surface of a wearable garment. (Daniels ¶0410 “The HHMI can be configured as a sleeve, legging, jumpsuit, coverall, jacket, trouser, cap, glove or other wearable electronic. The HHMI may be comprised of a multilayered structure with the electrodes in contact with the skin of the user, insulation and wiring layers, and the sleeve covering. The layers, such as the outer covering may be, for example, a thin, multi-axial stretchable fabric. The fabric can be electrically insulating, and contain conductive threads, patches, coatings or inks to conduct the detected and applied electrical signals”).
Regarding claim 24, Daniels further discloses wherein the method comprises connecting an electrical contact formed by the printed conductive ink layer to an electrical connector before generating the electromagnetic signal from the power supply. (Daniels ¶0283 “that includes a high speed multiplexing electronic circuit connecting a large array of many individually addressable electrodes to small number of detection and application electronic units”).
Regarding claim 26, Daniels additionally discloses wherein delivering the electromagnetic signal comprises delivering the electromagnetic signal to a silver or silver chloride ink of the printed conductive ink layer. (Daniels ¶0427 “As an alternative, in addition to or instead of conductive ink, a conductive particulate, such as silver particles, copper particles, organic conductors, carbon, carbon nanotubes, graphene, or other conductive material, can be applied in a wet or dry coating operation and then driven into and intimately fixed to the TPU through the application of heat and pressure, for example, at the nip rollers.”; ¶0465 “The conductive particulate may be, for example, silver, silver chloride, aluminum, copper, alloy, organic conductors, or other micro or nano-scale conductive particulate.”).
Regarding claim 28, Daniels additionally discloses wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a screen printed non- conductive layer deposited on the printed conductive ink layer. (Daniels ¶0254 “The HHMI is constructed of layers of thin flexible materials, such as conductive stretchable fabrics, flexible insulators, flexible circuit boards, and the like. The materials may be woven, spun, closed cell, open cell, thin film, or other suitable structure. Layers, bonded layers, and constituent elements of the HHMI may be printed using a 3D printer, or formed by a batch or roll-toroll manufacturing process including lamination, screen printing, ink jet printing, self-assembly, vapor deposited, sprayed or dip coated.”; ¶0269).
Regarding claim 29, Daniels discloses a method of delivering an electromagnetic signal to skin of a mammal (Daniels ¶0016 “The individually addressable electrodes are for at least one of applying stimulation electrical signals to skin of a user and detecting biometric electrical signals from the skin of the user.”) comprising: positioning a wearable garment on a body of the mammal to place a region of a printed conductive ink layer of an electrode in contact with skin of the mammal (Daniels ¶0243 “Each electrode is in electrical communication with one or more biological components of the user, such as the skin of the user and through the skin the nerves and muscles.”; ¶0259 “The preprinted conductive pattern comprising electrodes may be configured for making face to face contact with the skin of user for at least one of detecting electrical signals from the skin of the user and applying electrical signals to the skin of the user.”), wherein the printed conductive ink layer is disposed on a non-conductive layer insulating the printed conductive ink layer from a fabric base (Daniels Figures 53 as described in ¶0134 Showing the layering of the electrode. The examiner in interpreting the TPU print media layer as the printed non-conductive layer), and wherein the non-conductive layer comprises of a non-conductive printing ink in direct contact with the fabric base (Daniels ¶0124 “FIG. 44(b) illustrates a roll-to-roll manufacturing process for making a robust exposed electrode formed as a patterned elastic conductive ink on TPU adhered to fabric;” showing that the non-conductive layer (TPU print media) is in direct contact with the fabric base. The examiner further maintains that the TPU layer is equivalent to the non-conductive printing ink as TPU is known to be used in printing processes to form layers such as the preformed layer provided in Daniels); generating an electromagnetic signal from a power supply; delivering the electromagnetic signal to the region of the printed conductive ink layer (Daniels Figure 15 shows an energy module (power supply) coupled to a TENs module that is coupled to the printed electrode to provide stimulation); insulating the electromagnetic signal from being delivered to any location other than the region of the printed conductive ink layer placed on the skin of a mammal (Daniels ¶0296 “FIG. 23 illustrates a screen print artwork for printing an elastic conductive ink onto a print media for transfer and lamination onto a housing comprised of an elastic fabric material. FIG. 24(a) illustrates a die, laser or knife cut insulator patch for allowing individually addressable electrodes to contact the skin of a user while insulating from electrical communication with the skin non-electrode conductive traces.”; ¶0410 “The HHMI can be configured as a sleeve, legging, jumpsuit, coverall, jacket, trouser, cap, glove or other wearable electronic. The HHMI may be comprised of a multilayered structure with the electrodes in contact with the skin of the user, insulation and wiring layers, and the sleeve covering. The layers, such as the outer covering may be, for example, a thin, multi-axial stretchable fabric. The fabric can be electrically insulating, and contain conductive threads, patches, coatings or inks to conduct the detected and applied electrical signals”).
Regarding claim 30, Daniels additionally discloses wherein the region of the printed conductive ink layer is in continuous contact with the skin. (Daniels ¶0014 “The human/machine interface may be comprised of a sleeve made from a stretch material, such as Lycra, with screen, inkjet, or otherwise printed flexible conductive electrodes disposed on the interior of the sleeve and in direct face-to-face electrical contact with the skin on the arm of the user. The fabric of the outer cover or other layer may provide sufficient compression to urge the electrodes into face-to-face electrical contact with the skin of the arm”; ¶0236 “The HHMI may be constructed as a conformable, comfortable, but fairly tight fitting garment to hold the electrodes in direct face-to-face electrical contact with the skin.”).
Regarding claim 31, Daniels further discloses wherein the wearable garment may comprise a pair of shorts. (Daniels ¶0396 “As an example, the HHMI configured as compression shorts lined with the inventive dry electrode system delivers TENS or NMES to the quadriceps, hamstrings and gluteal muscles”; ¶0145).
Regarding claim 32 Daniels further discloses concurrently placing a region of a printed conductive ink layer of each of a plurality of electrodes in contact with the skin of the mammal. (Daniels ¶0290 “The microprocessor can control the electrode multiplex circuit to route the biometric electrical signals from the skin of the user simultaneously through more than one of the plurality of individually addressable electrodes to the signal detector. The microprocessor can control the electrode multiplex circuit to route the stimulation electrical signals from the signal generator simultaneously through more than one of the plurality of individually addressable electrodes to the skin of the user.”).
Regarding claim 33, Daniels further discloses concurrently positioning a left panel encircling a left thigh of the body and a right panel encircling a right thigh of the body, wherein positioning the left panel includes placing a region of a printed conductive ink layer of each of a first pair of electrodes of the plurality of electrodes in contact with the skin of the mammal, and wherein positioning the right panel includes placing a region of a printed conductive ink layer of each of a second pair of electrodes of the plurality of electrodes. (Daniels ¶0397 “FIG. 62 and FIG. 63 shows the location of TENS or NMES signal applying electrodes on the large muscles of the lower body of a diabetic user. FIG. 64 and FIG. 65 shows an HHMI configuration as diabetes shorts with electrodes located for applying TENS or NMES signals to the large muscles of the lower body of a diabetic user.”).
Regarding claim 36, Daniels additionally discloses wherein delivering the electromagnetic signal comprises delivering the electromagnetic signal to a silver or silver chloride ink of the printed conductive ink layer. (Daniels ¶0427 “As an alternative, in addition to or instead of conductive ink, a conductive particulate, such as silver particles, copper particles, organic conductors, carbon, carbon nanotubes, graphene, or other conductive material, can be applied in a wet or dry coating operation and then driven into and intimately fixed to the TPU through the application of heat and pressure, for example, at the nip rollers.”; ¶0465 “The conductive particulate may be, for example, silver, silver chloride, aluminum, copper, alloy, organic conductors, or other micro or nano-scale conductive particulate.”).
Regarding claim 38, Daniels additionally discloses wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a screen printed encapsulating layer. (Daniels ¶0254 “The HHMI is constructed of layers of thin flexible materials, such as conductive stretchable fabrics, flexible insulators, flexible circuit boards, and the like. The materials may be woven, spun, closed cell, open cell, thin film, or other suitable structure. Layers, bonded layers, and constituent elements of the HHMI may be printed using a 3D printer, or formed by a batch or roll-toroll manufacturing process including lamination, screen printing, ink jet printing, self-assembly, vapor deposited, sprayed or dip coated.”; ¶0269).
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.
Claims 27, 34-35 & 37 are rejected under 35 U.S.C. 103 as being unpatentable over Daniels et al. (Us Publication No. 20200353239; Previously Cited) in view of Sime et al. (Us Publication No. 20130248226; Previously Cited).
Regarding claim 27, Daniels discloses the limitations of claims 19 & 24. Daniels does not disclose wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a printed non- conductive ink layer comprised of a water-based printing ink. Sime in a similar field of endeavor teaches wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a printed non- conductive ink layer comprised of a water-based printing ink. (Sime ¶0014 “In embodiments, plastisol puff inks sit atop the substrate and patterned layers of conductive, insulating, and semi-conductive materials but do not soak into them, instead covering or encapsulating the patterned layer materials. In other embodiments, the comfort layer can comprise silicone, urethane, cellulosic, fibrous or other soft and non-abrasive materials selectively deposited.” Where the disclosure of cellulosic materials are water based and the puff ink, which may additionally comprise the cellulosic material per par 14 is disclosed as the non-conductive ink layer). Before the effective filing date, one of ordinary skill in the art would think to combine the wearable system disclosed by Daniels with the methods wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a printed non- conductive ink layer comprised of a water-based printing ink, as taught by Sime, since this type of ink can produce layers which are highly conductive, thin and flexible (Daniels ¶0410).
Regarding claim 34, Daniels discloses the limitations of claim 29. Daniels does not disclose wherein delivering the electromagnetic signal comprises delivering the electromagnetic signal through the printed conductive ink layer to a second printed conductive ink layer having a lower conductivity than the printed conductive ink layer. Sime additionally teaches wherein delivering the electromagnetic signal comprises delivering the electromagnetic signal through the printed conductive ink layer to a second printed conductive ink layer having a lower conductivity than the printed conductive ink layer. (Sime ¶0062 “The one or more layers of the electronic device, such as the conductive and dielectric layers, are then deposited directly on the comfort layer and/or a separate second substrate. The second substrate optionally having the conductive layer and dielectric layer thereon is then coupled to, the comfort layer on the first substrate via lamination, fusing, or other methods.”). Before the effective filing date, one of ordinary skill in the art would think to combine the wearable system disclosed by Daniels with the methods wherein delivering the electromagnetic signal comprises delivering the electromagnetic signal through the printed conductive ink layer to a second printed conductive ink layer having a lower conductivity than the printed conductive ink layer, as taught by Sime, since having the lower conductivity layer provides filtering and other benefits of the lower conductivity material to the device.
Regarding claim 35, Daniels discloses the limitations of claims 29 & 34. Daniels does not disclose wherein placing the region of the printed conductive ink layer of the electrode in contact with the skin of the mammal includes contacting the skin concurrently with the printed conductive ink layer and the second printed conductive ink layer. Sime additionally teaches wherein placing the region of the printed conductive ink layer of the electrode in contact with the skin of the mammal includes contacting the skin concurrently with the printed conductive ink layer and the second printed conductive ink layer. (Sime ¶0062 “The one or more layers of the electronic device, such as the conductive and dielectric layers, are then deposited directly on the comfort layer and/or a separate second substrate. The second substrate optionally having the conductive layer and dielectric layer thereon is then coupled to, the comfort layer on the first substrate via lamination, fusing, or other methods.”; ¶0042). Before the effective filing date, one of ordinary skill in the art would think to combine the wearable system disclosed by Daniels with the methods wherein placing the region of the printed conductive ink layer of the electrode in contact with the skin of the mammal includes contacting the skin concurrently with the printed conductive ink layer and the second printed conductive ink layer, as taught by Sime, since the lower conductivity layer provides some insulation of the signal from the user’s skin in predetermined areas.
Regarding claim 37, Daniels discloses the limitations of claim 29. Daniels does not disclose wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a printed encapsulating layer comprised of a water-based printing ink. Sime in a similar field of endeavor teaches wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a printed encapsulating layer comprised of a water-based printing ink. (Sime ¶0014 “In embodiments, plastisol puff inks sit atop the substrate and patterned layers of conductive, insulating, and semi-conductive materials but do not soak into them, instead covering or encapsulating the patterned layer materials. In other embodiments, the comfort layer can comprise silicone, urethane, cellulosic, fibrous or other soft and non-abrasive materials selectively deposited.” Where the disclosure of cellulosic materials are water based and the puff ink, which may additionally comprise the cellulosic material per par 14 is disclosed as the non-conductive ink layer). Before the effective filing date, one of ordinary skill in the art would think to combine the wearable system disclosed by Daniels with the methods wherein insulating the electromagnetic signal comprises inhibiting transmission of the electromagnetic signal with a printed encapsulating layer comprised of a water-based printing ink, as taught by Sime, since this type of ink can produce layers which are highly conductive, thin and flexible (Daniels ¶0410).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Daniels et al. (Us Publication No. 20200353239; Previously Cited) in view of Kolb et al. (Us Publication No. 20170182320; Previously Cited).
Regarding claim 25, Daniels discloses the limitations of claims 19 & 24. Daniels does not disclose wherein connecting the electrical contact formed by the printed conductive ink layer to the electrical connector includes magnetically attaching the electrical connector to the electrical contact. Kolb in a similar field of endeavor teaches wherein connecting the electrical contact formed by the printed conductive ink layer to the electrical connector includes magnetically attaching the electrical connector to the electrical contact. (Kolb ¶0097 “In another embodiment the connection can be formed or assisted via one or more magnets or components fabricated from ferromagnetic material.”). Before the effective filing date, one of ordinary skill in the art would think to combine the wearable system disclosed by Daniels with methods wherein connecting the electrical contact formed by the printed conductive ink layer to the electrical connector includes magnetically attaching the electrical connector to the electrical contact, as taught by Kolb, for the purposes of increased durability of the device for repeated use. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN FEDORKY whose telephone number is (571)272-2117. The examiner can normally be reached M-F 9:30-4:30.
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/MEGAN T FEDORKY/Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796
Prosecution Insights