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 (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.
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over WO2020/097730 A1.
As for claim 1, WO 2020/097730 A1 discloses a capacitance sensor made of a plurality of layers (see Figs 10A—10D), the capacitance sensor comprising:
a first layer (20) including a first electrode (12); and
a second layer (30) including a second electrode (14) and arranged to face the first layer (20),
wherein the first layer (20) is a dielectric and is made of an elastically deformable elastomer (i.e., silicone-based elastomer, Ecoflex can be used for sheets 20, 30 and pillars 40, 42, see [0056]—[0058]), and
the first electric electrode (12) is made of an electric conductor having a stretch property (electrode 12 is fabricated from stretchable conductor, carbon black mixed with Ecoflex, see [0056]),
a plurality of pillars (40, 42 in Figs. 8 and 10A-10D) extending in a lamination direction, in which the first layer (20) and the second layer (30) face each other, and arranged to be spaced from each other in a direction intersecting the lamination direction, are provided between the first layer (20) and the second layer (30), and
the first layer (20) and the second layer (30) are bonded to each other via the pillars (40, 42) and an adhesion layer made of an elastomer that is a material identical to the first layer (20) (i.e., a thin layer of uncured Ecoflex on the bottoms of the pillars 40 is used to bond the upper and lower segments, and this Ecoflex is identical to the Ecoflex used for the first layer; see [0056],[0057], [0052]).
Still referring to claim 1, WO 2020/097730 A1 does not specifically disclose wherein the second layer (30) is a rigid substrate.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify WO 2020/097730 A1 to use any other suitable material for the second layer, including a rigid substrate, for the purpose of providing a rigid support for the capacitive sensor, in a different embodiment wherein a rigid support might be required or critical for a particular application.
As for claim 2, WO 2020/097730 A1 discloses the capacitance sensor according to claim 1, wherein the pillars (40, 42) are made of an elastomer identical to the first layer (i.e., Ecoflex, see [0056]).
As for claim 3, WO 2020/097730 A1 discloses the capacitance sensor according to claim 2, wherein the pillar (40, 42) is integrally formed with at least one of the first layer (20) and the second (30) layer (see [0052]).
As for claim 4, WO 2020/097730 A1 discloses a capacitance sensor manufacturing method (see Figs. 10A-10D) of a capacitance sensor made of a plurality of layers and comprising: a first layer (20) including a first electrode (12); and a second layer (30) including a second electrode (14) and arranged to face the first layer, the capacitance sensor manufacturing method including:
a preparation step in which a layer that is a dielectric and is made of an elastically deformable elastomer is formed as the first layer (i.e., Ecoflex is first cured to build the upper and lower sheets 20, 30 and pillars 40, 42, see [0057]);
the first electric electrode (12) is made of an electric conductor having a stretch property (electrode 12 is fabricated from stretchable conductor, carbon black mixed with Ecoflex, see [0056]),
a plurality of pillars (40, 42 in Figs. 8 and 10A-10D) extending in a lamination direction, in which the first layer (20) and the second layer (30) face each other, and arranged to be spaced from each other in a direction intersecting the lamination direction, are provided between the first layer (20) and the second layer (30), and
the capacitance sensor manufacturing method includes a bonding step in which the first layer (20) and the second layer (30) are bonded to each other via the pillars (40, 42) and an adhesion layer made of an elastomer that is a material identical to the first layer (20) (i.e., a thin layer of uncured Ecoflex on the bottoms of the pillars 40 is used to bond the upper and lower segments, and this Ecoflex is identical to the Ecoflex used for the first layer; see [0056],[0057], [0052]).
Still referring to claim 4, WO 2020/097730 A1 does not specifically disclose wherein the second layer (30) is a rigid substrate.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify WO 2020/097730 A1, to use any other suitable material for the second layer, including a rigid substrate, for the purpose of providing a rigid support for the capacitive sensor, in a different embodiment wherein a rigid support might be required or critical for a particular application.
As for claim 5, WO 2020/097730 A1 discloses the capacitance sensor manufacturing method of claim 4, wherein the plurality of pillars (40, 42) are a material (i.e., Ecoflex see [0056]) identical to the first layer (20) or the second layer (30).
As for claim 6, WO 2020/097730 A1 discloses the capacitance sensor according to claim 1, wherein in a thickness direction of the first layer (20) and the second layer (30), the plurality of pillars (40, 42) have an identical diameter or a different diameter in a height direction (see the identical diameter of the pillars in Fig. 8).
As for claim 7, WO 2020/097730 A1 discloses the capacitance sensor according to claim 1, wherein all of the plurality of pillars (40, 42) have an identical height in an in-plane direction of the first layer (20) and the second layer (30) (see Fig. 8).
As for claims 8 and 9, WO 2020/097730 A1 discloses the capacitance sensor according to claim 1 as discussed above.
WO 2020/097730 A1 does not specifically disclose wherein the plurality of pillars (40, 42) have a diameter changed in the lamination direction, or become thinner toward the first layer from the second layer.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify WO 2020/097730 A1, to use any other suitable shapes, such as the claimed one having a diameter changed in the lamination direction, or become thinner toward the first layer from the second layer, for the purpose of providing the pillars that can easily bend upon application of a shear force at a desired surface(e.g., surface at the first layer) , and since choosing different shapes and sizes of the pillars is routine practice based upon different requirements and needs of a specific application (see [0053] and [0055]).
Response to Arguments
Applicant's arguments filed on December 23, 2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that cited reference “Sarwar does not disclose any embodiment where one of the base materials is a rigid substrate…”, the examiner asserts that although Sarwar ( WO 2020/097730 A1) does not specifically disclose wherein the second layer (30) is a rigid substrate, It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify Sarwar to use any other suitable material for the second layer, including a rigid substrate, for the purpose of providing a rigid support for the capacitive sensor, in a different embodiment wherein a rigid support might be required or critical for a particular application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sarwar et al. (U. S. Pub. 2022/0221309) discloses bonding 2 flexible layer using adhesion layer.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY HE whose telephone number is (571)272-2230. The examiner can normally be reached 9:00am--5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached at (571) 272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMY HE/ Primary Examiner, Art Unit 2858
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