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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-10 in the reply filed on 2/11/2026 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Ma et al. (US 2016/0007874, hereinafter “Ma”).
In regards to claim 1, Ma discloses a neural interface device (Figs. 1 and 3, par. 0004, “record neural signals”) comprising
an electrically conductive material for transmitting electrical signals (Fig. 3, element 306, par. 0038, “electrically conductive contacts”),
a porous material in electrical contact with the electrically conductive material (Fig. 3, element 308, par. 0038, “one or more sheets of graphene”), and
a securing material for securing the porous material on the electrically conductive material (Fig. 3, element 314, “overlayer”),
wherein the securing material comprises a protecting portion which is in physical contact with an edge region of the porous material (Fig. 3, panel “i”, note element 314 covering the edges of element 308).
In regards to claim 2, the porous material comprises a carbon material (e.g., par. 0055, “carbon atoms of graphene”).
In regards to claim 3, the carbon material is a graphene material (e.g., par. 0055, “carbon atoms of graphene”; par. 0038, “graphene layer”).
In regards to claim 4, the securing material comprises a polymer selected from polyimide, parylene, polydimethylsiloxane, and SU8 (par. 0035, “parylene,” “polyimide,” “polydimethylsiloxane”).
In regards to claim 5, the protecting portion protrudes further from the electrically conductive material than the edge region (see annotated Fig. 3 below).
In regards to claim 6, the protecting portion comprises a covering portion which covers the edge region (see annotated Fig. 3 below).
In regards to claim 7, at least part of the porous material is arranged between different securing material areas (see annotated Fig. 3 below).
In regards to claim 8, the securing material at each of the different securing material areas comprises covering portions covering opposite edge regions of the porous material (see annotated Fig. 3 below).
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Annotated Fig. 3(i)
In regards to claim 9, the securing material surrounds the porous material on the electrically conductive material (Figs. 1 and 3, par. 0027; apertures 109 surround the electrode sites 102 in Fig. 1 and are further shown in Fig. 3 in cross-section).
In regards to claim 10, the edge region of the porous material is covered all around by the covering portion (Figs. 1 and 3, par. 0027; apertures 109 surround the electrode sites 102 in Fig. 1 and are further shown in Fig. 3 in cross-section).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yang et al. (US 2022/0409049) is another example of a neural interface device that appears to anticipate at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at (571)270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792
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