DETAILED ACTION
This action is pursuant to the claims filed on 02/23/2026. Claims 1-20 are pending. A first action on the merits of claims 1-20 is as follows.
Response to Amendment
Applicant’s amendment to the claims are acknowledged and entered accordingly.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "a storage location" in line 4. It is unclear if “a storage location” is attempting to claim antecedent basis to the same limitation of claim 1, or if this recitation is attempting to recite a second distinct storage location different from that of lcaim 1. For examination purposes, this limitation will be interpreted as “the storage location”.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 12-13, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley (U.S. PGPub No. 2012/0143020).
Regarding claim 1, Bordoley teaches A sensor assembly configured to be attached to a patient for at least one of detecting an electrical signal from the patient or providing an electrical signal to the patient (see Figs 3-4), wherein the sensor assembly comprises one or more electrode modules (Figs 3-4 electrode assemblies 302), wherein each of the one or more electrode modules comprises: an electrode (Fig 4A [0144], portion of conductive delivery channel 408 interpreted as electrode with connection to wire 410 to conduct physiological signals); electrode gel disposed in a storage location on the electrode module (Fig 4A, gel in reservoir 308), wherein the electrode gel is not in contact with the electrode in the storage location (Fig 4a, electrode gel in reservoir 308 is separated form electrode via frangible seal 406); a barrier to retain the electrode gel in the storage location (Fig 4A frangible seal 406); and a deformable cap configured to move the electrode gel from the storage location into contact with the electrode in response to a deformation of the deformable cap (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode); wherein the deformable cap ruptures the barrier to move the electrode gel from the storage location into contact with the electrode (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode).
Bordoley fails to teach wherein the deformable cap punctures the barrier.
However, an alternative embodiment of Bordoley discloses wherein depressing the plunger can puncture reservoir 308 to release the electrode gel into contact with the electrode ([0140]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plunger of the first embodiment of Bordoley to incorporate the plunger that can puncture, rather than rupture, the barrier to allow the flow of electrode gel to arrive at the device of claim 1. Doing so would be a simple substitution of one well-known plunger mechanism ([0144] plunger to rupture seal 406) for another well-known plunger mechanism ([0140] disclosing puncture mechanism with plunger) to yield the predictable result of breaking a barrier to allow a sealed conductive gel to flow towards an electrode-skin interface.
Regarding claim 2, Bordoley teaches wherein each of the one or more electrode modules further comprises a gel-retaining structure configured to retain the electrode gel in contact with the electrode after the electrode gel has moved from the storage location into contact with the electrode (Fig 4A foam plug 310).
Regarding claim 3, Bordoley teaches wherein each of the one or more electrode modules further comprises a film disposed between the deformable cap and the electrode (Fig 4A frangible seal 406), wherein the storage location is a chamber defined by the deformable cap and the film (Fig 4A reservoir 308 located between plunger 306 and seal 406).
Regarding claim 4, Bordoley teaches wherein each of the one or more electrode modules further comprises a gel-retaining structure configured to retain the electrode gel in contact with the electrode after the electrode gel has moved from the storage location into contact with the electrode (Fig 3 has multiple electrode assemblies 302 each of which has own foam plug 310 as shown in Fig 4A).
Regarding claim 5, Bordoley teaches wherein the gel-retaining structure is an open-cell sponge ([0141] disclosing sponge plug 310).
Regarding claim 12, Bordoley teaches the device of claim 1 as stated above. Bordoley discloses wherein the plunger engages threads within a plunger receptacle ([0140] thus appearing to disclose a removable connection).
Bordoley fails to explicitly teach wherein the deformable cap is capable of being removed from the electrode module.
However, it would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the deformable cap of Bordoely to make it removable after deformation, since applicant has not disclosed that the removal solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the cap being unremovable. Furthermore, it has been held that the making an object manually removable would be obvious to one of ordinary skill in the art “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.” In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). In the instant case, it would be obvious to make the plunger cap of Bordoley removable to enable the cleaning of said cap and to enable the refilling of the reservoir.
Regarding claim 13, Bordoley teaches A method of using a sensor assembly including one or more electrode modules, wherein each of the one or more electrode modules (Figs 3-4 electrode assemblies 302) comprises an electrode and a deformable cap (Fig 4A [0144], portion of conductive delivery channel 408 interpreted as electrode with connection to wire 410 to conduct physiological signals; plunger 306 is deformable cap), the method comprising: pressing the deformable cap into a deformed position; rupturing a barrier with the deformable cap (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode); and transferring electrode gel from a storage location into contact with the electrode in response to said pressing the deformable cap (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode).
Bordoley fails to teach puncturing a barrier with the deformable cap.
However, an alternative embodiment of Bordoley discloses wherein depressing the plunger can puncture reservoir 308 to release the electrode gel into contact with the electrode ([0140]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plunger of the first embodiment of Bordoley to incorporate the plunger for puncturing, rather than rupturing, the barrier to allow the flow of electrode gel to arrive at the method of claim 13. Doing so would be a simple substitution of one well-known plunger mechanism ([0144] plunger to rupture seal 406) for another well-known plunger mechanism ([0140] disclosing puncture mechanism with plunger) to yield the predictable result of breaking a barrier to allow a sealed conductive gel to flow towards an electrode-skin interface.
Regarding claim 16, Bordoley teaches the method of claim 13 as stated above. Bordoley discloses wherein the plunger engages threads within a plunger receptacle ([0140] thus appearing to disclose a removable connection after deformation).
Bordoley fails to explicitly teach a step of removing the deformable cap after said pressing a deformable cap on the sensor assembly into a deformed position, and attaching the sensor assembly to a skin surface of a patient after said removing the deformable cap.
However, it would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the deformable cap and method of Bordoely to remove the deformable cap after pressing the deformable cap and attaching the sensor to skin after removing the cap, since applicant has not disclosed that the removal solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the cap remaining with the assembly after deformation and release of conductive gel. Furthermore, it has been held that the making an object manually removable would be obvious to one of ordinary skill in the art “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.” In reDulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). In the instant case, it would be obvious to make the plunger cap of Bordoley removable to enable the cleaning of said cap and to enable the refilling of the reservoir.
Regarding claim 17, Bordoley teaches attaching the sensor assembly to a skin surface of a patient before said pressing the deformable cap (Fig 3 headset is attached to patient befor pressing the plunger to release the conductive fluid).
Regarding claim 18, Bordoley teaches a sensor assembly comprising: an electrode (Fig 4A [0144], portion of conductive delivery channel 408 interpreted as electrode with connection to wire 410 to conduct physiological signals); a gel or liquid retention structure in contact with the electrode (Fig 4A foam plug 310); a gel or liquid contained within a storage location (Fig 4A reservoir 308), wherein the gel or liquid is not in contact with the electrode while in the storage location (Fig 4a, electrode gel in reservoir 308 is separated form electrode via frangible seal 406); and a deformable cap configured to move the gel or liquid from the storage location into the gel or liquid retention structure in contact with the electrode in response to a deformation of the deformable cap (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode); wherein the deformation of the deformable cap ruptures a barrier retaining the gel or liquid in a storage location (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode).
Bordoley fails to teach wherein the deformation of the deformable cap punctures a barrier retaining the gel or liquid in a storage location.
However, an alternative embodiment of Bordoley discloses wherein depressing the plunger can puncture reservoir 308 to release the electrode gel into contact with the electrode ([0140]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plunger of the first embodiment of Bordoley to incorporate the plunger for puncturing, rather than rupturing, the barrier to allow the flow of electrode gel to arrive at the device of claim 18. Doing so would be a simple substitution of one well-known plunger mechanism ([0144] plunger to rupture seal 406) for another well-known plunger mechanism ([0140] disclosing puncture mechanism with plunger) to yield the predictable result of breaking a barrier to allow a sealed conductive gel to flow towards an electrode-skin interface.
Regarding claim 19, Bordoley teaches a film disposed between the storage location and the gel or liquid retention structure (Fig 4A frangible seal 406).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Daniels (U.S. PGPub No. 2021/0244941).
Regarding claim 6, Bordoley teaches the device of claim 4 as stated above.
Bordoley fails to teach wherein the gel-retaining structure is a wire-frame sponge.
In related prior art, Daniels teaches a similar electrode assembly device comprising a wire-frame sponge as a gel-retaining structure ([0012] wire mesh is connected with hydrogel layer). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sponge plug of Bordoley in view of Daniels to incorporate the wire frame sponge to arrive at the device of claim 6. Doing so would be a simple substitution of one well-known gel-retaining structure for another well-known gel retaining structure to yield the predictable result of a structure capable of electrically connecting with a hydrogel.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Bare (U.S. Patent No. 4,365,634).
Regarding claim 7, Bordoley teaches the device of claim 4 as stated above.
Bordoley fails to teach wherein the gel-retaining structure is a deformable ring configured to retain the electrode gel within a center region defined by the deformable ring.
In related prior art, Bare teaches a similar electrode assembly wherein a similar gel-retaining structure is a deformable ring configured to retain the electrode gel within a center region defined by the deformable ring (Fig 1, base layer 36 with aperture 38 retains gel 54). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sponge plug of Bordoley in view of Bare to incorporate the deformable ring to arrive at the device of claim 7. Doing so would be a simple substitution of one well-known gel-retaining structure for another well-known gel retaining structure to yield the predictable result of a structure capable of electrically connecting with a hydrogel.
Claim(s) 8, 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Afanasewicz (U.S. PGPub No. 2013/0023748).
Regarding claim 8, Bordoley teaches the device of claim 4 as stated above.
Bordoley fails to teach wherein the deformable cap includes at least one punch pin configured to puncture the film in response to the deformation of the deformable cap.
In related prior art, Afanasewicz teaches a similar electrode assembly comprising a deformable cap including at least one punch pin configured to puncture the film in response to the deformation of the deformable cap (Fig 6A-B, actuation surface 62 deforms to punch seal of capsule 68 to release conductive gel). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the deformable plunger of Bordoley in view of Afanasewicz to incorporate the deformable cap with at least one punch pin to arrive at claim 8. Doing so would be a simple substitution of one well-known deformable cap configuration to rupture a conductive gel seal (Bordoley [0144] plunger 306 ruptures seal 406) for another well-known deformable cap configuration to rupture a conductive gel seal (Afanasewicz Figs 6a-b, punch pins) to yield the predictable result of selectively releasing a conductive gel to an electrode for the collection of physiological signals.
Regarding claim 14, Bordoley teaches the method of claim 13 as stated above. Bordoley further teaches wherein each of the one or more electrode modules comprises a film attached to the deformable cap (Fig 4B frangible seal 406).
Bordoley fails to teach wherein the deformable cap comprises at least one punch pin, wherein said pressing the deformable cap into the deformed position causes the at least one punch pin to puncture the film and allows the electrode gel to flow through the punctured film into contact with the electrode.
Afanasewicz teaches wherein the deformable cap comprises at least one punch pin, wherein said pressing the deformable cap into the deformed position causes the at least one punch pin to puncture the film and allows the electrode gel to flow through the punctured film into contact with the electrode (Fig 6A-B, actuation surface 62 deforms to punch seal of capsule 68 to release conductive gel). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the deformable plunger of Bordoley in view of Afanasewicz to incorporate the deformable cap with at least one punch pin to arrive at claim 14. Doing so would be a simple substitution of one well-known deformable cap configuration to rupture a conductive gel seal (Bordoley [0144] plunger 306 ruptures seal 406) for another well-known deformable cap configuration to rupture a conductive gel seal (Afanasewicz Figs 6a-b, punch pins) to yield the predictable result of selectively releasing a conductive gel to an electrode for the collection of physiological signals.
Regarding claim 20, Bordoley teaches the device of claim 19 as stated above. Bordoley teaches wherein the deformation of the deformable cap is configured to move the gel or liquid from the storage location into the gel or liquid retention structure (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode).
Bordoley fails to teach wherein the deformable cap comprises at least one punch pin configured to puncture the film in response to the deformation of the deformable cap.
In related prior art, Afanasewicz teaches a similar electrode assembly comprising a deformable cap comprises at least one punch pin configured to puncture the film in response to the deformation of the deformable cap (Fig 6A-B, actuation surface 62 deforms to punch seal of capsule 68 to release conductive gel). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the deformable plunger of Bordoley in view of Afanasewicz to incorporate the deformable cap with at least one punch pin to arrive at claim 20. Doing so would be a simple substitution of one well-known deformable cap configuration to rupture a conductive gel seal (Bordoley [0144] plunger 306 ruptures seal 406) for another well-known deformable cap configuration to rupture a conductive gel seal (Afanasewicz Figs 6a-b, punch pins) to yield the predictable result of selectively releasing a conductive gel to an electrode for the collection of physiological signals.
Claim(s) 9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Sackellares (U.S. PGPub No. 2016/0022165).
Regarding claim 9, Bordoley teaches the device of claim 4 as stated above. Bordoley teaches wherein the deformable cap applies pressure to the electrode gel reservoir to rupture a frangible seal to release said electrode gel to the electrode upon deformation of said deformable cap ([0144]).
Bordoley fails to teach wherein the film is perforated with a plurality of perforations, wherein the plurality of perforations are sized to allow the passage of the electrode gel from the storage location into contact with the electrode in response to pressure exerted on the film from the electrode gel in response to the deformation of the deformable cap.
In related prior art, Sackellares teaches a similar electrode assembly wherein a film is perforated with a plurality of perforations (Fig 1 reservoir 1 with perforations), wherein the plurality of perforations are sized to allow the passage of the electrode gel from the storage location into contact with the electrode in response to pressure exerted on the film from the electrode gel in response to the deformation of the deformable cap ([0048-0049] Figs 1 and 5A-B; pressure from elastic cap 12 forces deformation of reservoir 1 to cause fluid to pass from reservoir 1 through holes to skin surface). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the frangible seal of Bordoley in view of Sackellares to incorporate a film with perforations that are sized to allow gel to pass through when under pressure to arrive at claim 9. Doing so would be a simple substitution of one well-known deformable cap configuration (Bordoley [0144] plunger 306 ruptures seal 406 via pressurization) for another well-known deformable cap configuration (Sackellares Fig 1 and [0048-0049] pressure forces gel through perforations) to yield the predictable result of selectively releasing a conductive gel to an electrode for the collection of physiological signals.
Regarding claim 15, Bordoley teaches the method of claim 13 as stated above. Bordoley further teaches wherein each of the one or more electrode modules comprises a film (Fig 4B frangible seal 406).
Bordoley fails to teach the film with a plurality of perforations, wherein pressing the deformable cap into the deformed position exerts pressure on the film and allows the electrode gel to flow through at least some of the plurality of perforations.
In related prior art, Sackellares teaches a similar electrode assembly wherein a film is perforated with a plurality of perforations (Fig 1 reservoir 1 with perforations), wherein pressing the deformable cap into the deformed position exerts pressure on the film and allows the electrode gel to flow through at least some of the plurality of perforations ([0048-0049] Figs 1 and 5A-B; pressure from elastic cap 12 forces deformation of reservoir 1 to cause fluid to pass from reservoir 1 through holes to skin surface). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the frangible seal of Bordoley in view of Sackellares to incorporate a film with perforations that are sized to allow gel to pass through when under pressure to arrive at claim 15. Doing so would be a simple substitution of one well-known deformable cap configuration (Bordoley [0144] plunger 306 ruptures seal 406 via pressurization) for another well-known deformable cap configuration (Sackellares Fig 1 and [0048-0049] pressure forces gel through perforations) to yield the predictable result of selectively releasing a conductive gel to an electrode for the collection of physiological signals.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Bare and Afanasewicz.
Regarding claim 10, Bordoley teaches the device of claim 1 as stated above, and further teaches wherein each of the one or more electrode modules further comprises a gel-retaining structure configured to retain the electrode gel in contact with the electrode after the electrode gel has moved in response to the deformation of the deformable cap (Fig 3 has multiple electrode assemblies 302 each of which has own foam plug 310 as shown in Fig 4A).
Bordoley fails to teach wherein the storage location comprises a capsule disposed within the gel-retaining structure, and wherein the deformable cap is configured to burst the capsule when in a deformed position.
In related prior art, Bare teaches a similar electrode assembly wherein a similar gel-retaining structure is a deformable ring configured to retain the electrode gel within a center region defined by the deformable ring (Fig 1, base layer 36 with aperture 38 retains gel 54). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sponge plug of Bordoley in view of Bare to incorporate the deformable ring. Doing so would be a simple substitution of one well-known gel-retaining structure for another well-known gel retaining structure to yield the predictable result of a structure capable of electrically connecting with a hydrogel.
Afanasewicz teaches wherein the storage location comprises a capsule disposed, and wherein the deformable cap is configured to burst the capsule when in a deformed position (Fig 1, capsule 18 that bursts with deformation of actuation surface 12). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the deformable plunger of Bordoley in view of Bare and Afanasewicz to incorporate the deformable cap configured to burst the capsule within the gel-retaining structure to arrive at claim 10. Doing so would be a simple substitution of one well-known deformable cap configuration to rupture a conductive gel seal (Bordoley [0144] plunger 306 ruptures seal 406 to release gel from reservoir) for another well-known deformable cap configuration to rupture a conductive gel seal (Afanasewicz Figs 6a-b, punch pins with capsule) to yield the predictable result of selectively releasing a conductive gel to an electrode for the collection of physiological signals.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Yamamoto (U.S. PGPub No. 2013/0085366).
Regarding claim 11, Bordoley teaches A sensor assembly configured to be attached to a patient for at least one of detecting an electrical signal from the patient or providing an electrical signal to the patient (see Figs 3-4), wherein the sensor assembly comprises one or more electrode modules (Figs 3-4 electrode assemblies 302), wherein each of the one or more electrode modules comprises: an electrode (Fig 4B [0145], portion of conductive delivery channel 418 interpreted as electrode with connection to wire 410 to conduct physiological signals); electrode gel disposed in a storage location on the electrode module (Fig 4B [0145], gel 420 behind seal 406), wherein the electrode gel is not in contact with the electrode in the storage location (Fig 4B, electrode gel 420 is separated form electrode via frangible seal 406); a barrier to retain the electrode gel in the storage location (Fig 4A frangible seal 406); and a deformable cap configured to move the electrode gel from the storage location into contact with the electrode in response to a deformation of the deformable cap (Fig 4B [0145], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode); wherein the deformable cap is configured to move the saturated gel-retaining structure from a first position to a second position in response to the deformation of the deformable cap (Fig 4B [0145] depression of plunger ruptures seal 406 which moves gel from first position to second position in contact with conductive delivery channel 418 and skin), wherein the electrode gel is not in contact with the electrode when the saturated gel-retaining structure is in the first position (Fig 4B, before seal 406 is broken the gel is not in contact with electrode structure) and wherein the electrode gel is in contact with the electrode when the saturated gel-retaining structure is in the second position ([0145] after seal is broken gel comes into contact with electrode structures in second position).; wherein the deformable cap ruptures the barrier to move the electrode gel from the storage location into contact with the electrode (Fig 4A [0144], plunger 306 depresses (i.e., deforms) to rupture seal 406 to flow gel to electrode).
Bordoley fails to teach wherein the deformable cap punctures the barrier.
However, an alternative embodiment of Bordoley discloses wherein depressing the plunger can puncture reservoir 308 to release the electrode gel into contact with the electrode ([0140]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plunger of the first embodiment of Bordoley to incorporate the plunger that can puncture, rather than rupture, the barrier to allow the flow of electrode gel. Doing so would be a simple substitution of one well-known plunger mechanism ([0144] plunger to rupture seal 406) for another well-known plunger mechanism ([0140] disclosing puncture mechanism with plunger) to yield the predictable result of breaking a barrier to allow a sealed conductive gel to flow towards an electrode-skin interface.
Bordoley fails to explicitly teach a gel-retaining structure that is saturated with the electrode gel such that gel-retaining structure moves from the first to the second position.
In related prior art, Yamamoto teaches a similar electrode assembly comprising a gel-retaining structure saturated with electrode gel (Fig 3 beads 102 are impregnated with conductive fluid [0044]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductive gel 420 of Bordoley in view of Yamamoto to incorporate the saturated gel-retaining structure of Yamamoto such that the saturated gel retaining structure is configured to move from a first position to a second position to arrive at claim 11. Doing so would be a simple substitution of one well-known gel-retaining structure (Bordoley Fig 4B and [0145] teaching thicker conductive paste/gel) for another well-known gel-retaining structure (Fig 3 impregnated beads 102) to yield the predictable result of a conductive gel being brought into contact between a skin surface and electrode to improve conductivity and increase signal acquisition quality.
Response to Arguments
Applicant’s arguments, see remarks, filed 02/23/2026, with respect to the rejection(s) of claim(s) 1-5, 13, and 17-19 under 35 USC 102 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 the Bordoley reference under 35 USC 103.
While the examiner agrees that the primary embodiment of Bordoley fails to teach the plunger puncturing the frangible seal 406. Bordoley provides an alternative teaching in para. [0140] that explicitly discloses the use of plunge cap 306 for puncturing a reservoir to release conductive electrode gel, thus making the instant claims obvious. All of applicant’s arguments to each and every claim are unpersuasive for these reasons.
Conclusion
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 Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794