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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 has been entered.
Claims
Claims 1 and 4-13 are pending.
Claims 1 and 8-11 are currently amended.
Claims 2-3 and 14 are cancelled.
Response to Arguments
Applicant’s arguments, see pages 1-3, filed 06/23/2026, with respect to the rejection(s) of claims 1 and 4-13 under a 103 rejection have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Awajitec KK WO2006008866 (hereinafter “Awajitec”).
Applicant’s arguments on page 2-3, regarding Andrade not being analogous art and cannot be properly relied upon in the rejection, the examiner respectfully disagrees with as the points made hold no patentable weight. The claims only recite an electrode and the components the electrode comprises, what operational field application the electrode is used for or what is detecting is not recited in independent claim 1 or any of the dependent claims.
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 1 and 4-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jaworowski et al US20160334325 (hereinafter “Jaworowski”) in view of Andrade et al US20200060541 (hereinafter “Andrade”) in view of Awajitec KK WO2006008866 (hereinafter “Awajitec”).
Regarding claim 1, Jaworowski discloses an electrode (system-10), comprising a) a base layer (corrosion protection layer-12); b) a sensor layer (conductive polymer layer-14) comprising water absorbing, electrically conductive composition comprising a water soluble and/or water swellable and/or water absorbing resin (Paragraph 0027) and c) a top layer (topcoat layer-18), wherein said sensor layer is between said base layer and said top layer (See Fig 1, Paragraph 0023, 0027).
However, Jaworowski fails to disclose comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof. Andrade discloses comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof. (See Paragraphs 0036, 0050, 0067, 0085-0087, 0089 ,Figs 1 and 12-15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Andrade into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for a higher sensor sensitivity.
However, the combination fails to disclose the sensor layer exhibits a measurable change in electrical resistance upon water absorption. Awajitec discloses the sensor layer (electrode sheet-3) exhibits a measurable change in electrical resistance upon water absorption. (Fig 1, Paragraphs 0023-0027)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Awajitec into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for earlier detection upon water ingress before potential damage can be done to the device.
Regarding claim 4, Jaworowski in view of Andrade in further view of Awajitec discloses the electrode according to claim 1.
However, Jaworowski fails to disclose the sensor layer (i) has a thickness of from 10 to 200 µm; and/or (ii) has an electrical resistance of from 20 Ω to 500 kΩ, wherein the electrical resistance is measured according to ASTM D2739-97. Andrade discloses the sensor layer (i) has a thickness of from 10 to 200 µm; and/or (ii) has an electrical resistance of from 20 Ω to 500 kΩ, wherein the electrical resistance is measured according to ASTM D2739-97. (See Paragraphs 0012, 0016, 0023, 0067, 0089 Fig 1 and 4)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Andrade into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for a higher sensor sensitivity.
Regarding claim 5, Jawororwski in view of Andrade in further view of Awajitec discloses the electrode according to claim 1.
Furthermore, Jawororwski discloses the base layer (layer-12) is selected from the group consisting of epoxy-based composition, polyurethane based composition, acrylate-based composition, vinyl ester- based composition, polyester based composition, phenoxy siloxane-based composition, epoxy siloxane composition and mixtures thereof, and has a thickness of from 150 to 400 pm. (Paragraph 0029)
Regarding claim 6, Jawororwski in view of Andrade in further view of Awajitec discloses the electrode according to claim 1.
Furthermore, Jawororwski discloses the top layer (topcoat layer-18) is selected from the group consisting of epoxy-based composition, polyurethane based composition, acrylate-based composition, vinyl ester- based composition, polyester based composition, phenoxy siloxane-based composition and mixtures thereof and has a thickness of from 125 to 500 pm. (Paragraph 0029)
Regarding claim 7, Jawororwski in view of Andrade in further view of Awajitec discloses the electrode according to claim 1.
Furthermore, Jawororwski discloses the base layer (layer-12) is same material as the top layer (topcoat-18) or wherein the base layer is different material as the top layer. (Paragraph 029)
Regarding claim 8, Jawororwski discloses a method (Abstract, claims 19-21) of manufacturing an electrode according to claim 1, comprising the following steps:(i) providing a base layer (corrosion protection layer-12) upon a substrate (metal substrate-11) via coating, laminating, spraying, printing or brushing (Paragraphs 0023 and 0029); (ii) applying a sensor layer (conductive polymer layer-14) upon the base layer comprising a water absorbing, electrically conductive composition is applied via coating, laminating, spraying, printing or brushing (Paragraph 0023 and 0027); and(iii) applying a top layer (topcoat layer-18) upon the layer of water absorbing, electrically conductive composition via coating, laminating, spraying, printing or brushing (0023 and 0029).
However, Jaworowski fails to disclose comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof as recited in claim 1. Andrade discloses comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof as recited in claim 1. (See Paragraphs 0036, 0050, 0067, 0085-0087, 0089, Figs 1 and 12-15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Andrade into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for a higher sensor sensitivity.
However, the combination fails to disclose the sensor layer exhibits a measurable change in electrical resistance upon water absorption. Awajitec discloses the sensor layer (electrode sheet-3) exhibits a measurable change in electrical resistance upon water absorption. (Fig 1, Paragraphs 0023-0027)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Awajitec into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for earlier detection upon water ingress before potential damage can be done to the device.
Regarding claim 9, Jaworowski discloses wherein step (iii) the top layer (topcoat layer-18) fully covers the surface of the layer of water absorbing, electrically conductive composition (Fig 1). (Paragraph 0023, 0027 and 0029, Claims 19-21)
However, the combination fails to disclose in step (ii) the sensor layer comprising water absorbing, electrically conductive composition covers fully or partially the surface of the base layer. Awajitec discloses in step (ii) the sensor layer (sheet-19) comprising water absorbing, electrically conductive composition covers fully or partially the surface of the base layer (base sheet-9) (Fig 1, Paragraphs 0023-0027)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Awajitec into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for earlier detection upon water ingress before potential damage can be done to the device.
Regarding claim 10, Jaworowski discloses after the application of a sensor layer (layer-14) comprising water absorbing, electrically conductive composition, the sensor layer is cured for 30 min to 8 hours. (Paragraph 0023, 0027 and 0029, Claims 19-21)
However, Jaworowski fails to disclose comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof as recited in claim 1. Andrade discloses comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof as recited in claim 1. (See Paragraphs 0067, 0085-0087, 0089, Figs 1 and 12-15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Andrade into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for a higher sensor sensitivity.
However, the combination fails to disclose the measurable change in electrical resistance upon water absorption. Awajitec discloses a measurable change in electrical resistance upon water absorption. (Fig 1, Paragraphs 0023-0027)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Awajitec into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for earlier detection upon water ingress before potential damage can be done to the device.
Regarding claim 11, Jaworowski discloses after the application of a sensor layer (layer-14) comprising water absorbing, electrically conductive composition the layer is cured at 25 to 100°C. (Paragraph 0023, 0027 and 0029, Claims 19-21)
However, Jaworowski fails to disclose comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof as recited in claim 1. Andrade discloses comprising a water soluble and/or water swellable and/or water absorbing resin selected from the group consisting of sodium polyacrylate, polyvinylpyrrolidone (PVP), cellulose ethers, methyl cellulose, hydroxyl propyl cellulose, arabic gum, starch (dextrin), casein (phosphoproteins) and mixtures thereof as recited in claim 1. (See Paragraphs 0067, 0085-0087, 0089, Figs 1 and 12-15)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Andrade into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for a higher sensor sensitivity.
However, the combination fails to disclose the measurable change in electrical resistance upon water absorption. Awajitec discloses a measurable change in electrical resistance upon water absorption. (Fig 1, Paragraphs 0023-0027)
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Awajitec into Jaworowski for the purpose of increasing detection accuracy. The modification would allow for earlier detection upon water ingress before potential damage can be done to the device.
Regarding claim 12, Jawororwski in view of Andrade in further view of Awajitec disclose the method according to claim 8.
Furthermore, Jawororwski discloses after the application of base layer (layer-12) (step (i)) and after the application of the top layer (topcoat layer-18) (step (iii)), the base layer and/or the top layer is cured for 30 min to 8 hours, wherein the cure time may be same or different for the base layer and the top layer. (Paragraph 0023, 0027 and 0029, Claims 19-21)
Regarding claim 13, Jawororwski in view of Andrade in further view of Awajitec disclose the method according to claim 8.
Furthermore, Jawororwski discloses after the application of base layer (layer-12) (step (i)) and after the application of the top layer (topcoat layer-18) (step (iii)), the base layer and/or the top layer is cured at 25 to 100C, wherein the cure temperature may be same or different for the base layer and the top layer. (Paragraph 0023, 0027 and 0029, Claims 19-21)
Conclusion
The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm.
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/NIGEL H PLUMB/Examiner, Art Unit 2855
/Eric S. McCall/Primary Examiner, Art Unit 2855
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