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 .
Claims
Claims 1 and 4-13 are pending.
Claims 1, 4-8 and 10-13 are amended.
Claims 2-3 are cancelled.
Response to Arguments
Applicant’s arguments, see page 1, filed 03/02/2026, with respect to the 112 rejections have been fully considered and are persuasive. The 112 rejections has been withdrawn per applicant’s amendments to the claims.
Applicant’s arguments with respect to claim(s) 1-13 (specifically arguments of claim 1 in applicant’s remarks see pages 2-3, filed 03/02/2026) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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”).
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.
Regarding claim 4, Jaworowski 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 disclose 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 disclose 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 disclose 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) which on a sensor layer (conductive polymer layer-14) 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.
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, Jaworowski 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. Andrade discloses in step (ii) the sensor layer comprising water absorbing, electrically conductive composition covers fully or partially the surface of the base layer (Paragraphs 0067 and 0085 disclose placing the sensor layer over a suitable substrate/base layer).
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 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.
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.
Regarding claim 12, Jawororwski in view of Andrade 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 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.
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.
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/ /Eric S. McCall/Examiner, Art Unit 2855 Primary Examiner, Art Unit 2855