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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/05/2024 is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 16b, 18b, 32b, 34b, 36b, 38b, 16c, 24c, 36c, and 38c. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 line 2 recites “particles embodied as carbon particles” should read – particles are embodied as carbon particles --. Appropriate correction is required.
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.
Claims 3 and 18 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.
Claims 3 and 18 recite the limitation "the plan view". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 4-8, 12-13, and 15 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Ludwig et al. (US 20220000407 A1) herein referred to as “Ludwig”.
Regarding claim 1, Ludwig discloses a dry electrode device (dry electrodes, Paragraph [0036], dry electrode 200, Figure 2) with at least one electrically conductive connection unit (electrically conductive connection unit comprising electrical connector 250, and conductive substrate 240, Figure 2, Paragraph [0110]) and with an electrically conductive, adhesive layer unit, which has a contact surface for contacting skin and which is configured to provide an electrical energy transmission between the connection unit and the skin in an application state (adhesive layer 231 for contacting skin, and is configured to provide electrical energy transmission between conductive substrate 240 and skin through conductive particles 201, Figure 2, Paragraph [0110]), characterized in that, in a plan view, a contour area of the connection unit overlaps a contour area of the contact surface by at least 80% (contour of the connection unit 240, 250 overlaps the contact surface by at least 80%, Figure 2).
Regarding claim 2, Ludwig discloses the dry electrode device according to claim 1, wherein the adhesive layer unit is arranged directly on the connection unit (adhesive layer unit 230 is directly on the connection unit 240, 250, Figure 2).
Regarding claim 4, Ludwig discloses the dry electrode device according to claim 1, wherein the adhesive layer unit is configured to provide a complete fixation of the dry electrode device relative to the skin in the application state (considerable effort has been expended to the development of “dry” electrodes that do not utilize hydrogels. To make dry electrodes, many attempts have focused on an alternative to using a hydrogel to hydrate the dry stratum corneum, which is to use small structures to penetrate the stratum corneum and access the more moisture-rich layers of skin that lie beneath. Generally, the structures are coated with materials that will form a reduction/oxidation couple (typically silver and silver chloride) when in the presence of moisture. Examples of such small structures that have been used include microneedles or similar small, pointed structures to penetrate the stratum corneum to deeper layers of the skin with more moisture where ions are more mobile, enabling conduction, Paragraph [0024], pressure sensitive adhesives are very suitable supporting layers, as they can function to hold the electrically conductive particles in place and also to adhere the formed dry electrode article to the skin of a user, Paragraph [0059]).
Regarding claim 5, Ludwig discloses the dry electrode device according to claim 1, wherein the adhesive layer unit comprises at least one adhesive layer which comprises a polymer network with at least one acrylate copolymer (Particularly useful pressure sensitive adhesives are based on at least one poly(meth)acrylate (i.e., a (meth)acrylic pressure sensitive adhesive). Particularly desirable poly(meth)acrylates are derived from: (A) at least one monoethylenically unsaturated alkyl (meth) acrylate monomer (i.e., alkyl acrylate and alkyl methacrylate monomer); and (B) at least one monoethylenically unsaturated free-radically copolymerizable reinforcing monomer. The reinforcing monomer has a homopolymer glass transition temperature (Tg) higher than that of the alkyl (meth)acrylate monomer and is one that increases the glass transition temperature and cohesive strength of the resultant copolymer. Monomers A and B are chosen such that a copolymer formed from them is extrudable and capable of forming fibers. Herein, “copolymer” refers to polymers containing two or more different monomers, including terpolymers, tetrapolymers, etc, Paragraphs [0072-0075], Generally, the acrylate copolymer is formulated to have a resultant Tg of less than about 25° C. and more typically, less than about 0° C. Such acrylate copolymers typically include about 60 parts to about 98 parts per hundred of at least one monomer A and about 2 parts to about 40 parts per hundred of at least one monomer B. In some embodiments, the acrylate copolymers have about 85 parts to about 98 parts per hundred or at least one monomer A and about 2 parts to about 15 parts of at least one monomer B, Paragraph [0076]) and at least one type of electrically conductive particles and which is free of ionic liquids (Pressure sensitive adhesives are very suitable supporting layers, as they can function to hold the electrically conductive particles in place and also to adhere the formed dry electrode article to the skin of a user, Paragraph [0059], [0079]).
Regarding claim 6, Ludwig discloses the dry electrode device according to claim 5, wherein the acrylate copolymer comprises 70 to 98.5 % by weight of non-polar acrylate monomers (Acrylic pressure sensitive adhesives generally have a glass transition temperature of about −20° C. or less and may comprise from 100 to 80 weight percent of a C3-C12 alkyl ester component such as, for example, isooctyl acrylate (non-polar acrylate monomer), Paragraph [068]) and 1.5 to 30 % by weight of polar acrylate monomers (and from 0 to 20 weight percent of a polar component such as, for example, acrylic acid, methacrylic acid, ethylene-vinyl acetate units, N-vinylpyrrolidone, and styrene macromer, Paragraph [0068]).
Regarding claim 7, Ludwig discloses the dry electrode device according to claim 5, wherein the acrylate copolymer comprises 0.1 to 10 % by weight of acrylic acid (the acrylic pressure sensitive adhesives comprise from 0 to 20 weight percent of acrylic acid, Paragraph [0068]).
Regarding claim 8, Ludwig discloses the dry electrode device according to claim 5, wherein the acrylate copolymer comprises at least 50 % by weight of acrylic acid esters whose molar masses are at least 100 g/mol (Acrylic pressure sensitive adhesives generally have a glass transition temperature of about −20° C. or less and may comprise from 100 to 80 weight percent of a C3-C12 alkyl ester component such as, for example, isooctyl acrylate, 2-ethylhexyl acrylate and n-butyl acrylate, wherein n-butyl acrylate molar mass is at least 100 g/mol, Paragraph [0068]).
Regarding claim 12, Ludwig discloses the dry electrode device according to claim 5, wherein a thickness of the adhesive layer is 10 to 100 µm (the supporting material is a multilayer construction, comprising the pressure sensitive adhesive layers, wherein the supporting layer typically has a thickness of 10-500 micrometers, Paragraphs [0101-0102], Figure 2).
Regarding claim 13, Ludwig discloses the dry electrode device according to claim 5, wherein a glass transition temperature of the adhesive layer is -50 to - 20°C (acrylic pressure sensitive adhesives generally have a glass transition temperature of about -20° C or less, Paragraph [0068]).
Regarding claim 15, Ludwig discloses the dry electrode device according to claim 1, wherein the adhesive layer unit comprises a first adhesive layer and a second adhesive layer (supporting layer 230 comprises adhesive layers 231 and 233, Paragraph [0110], Figure 2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3, 9, 14, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludwig in view of Ludwig.
Regarding claim 3, Ludwig discloses the dry electrode device according to claim 1.
Ludwig discloses the claimed invention except for wherein the plan view, a contour area of the adhesive layer unit is at most 100 % larger than the contour area of the connection unit. It would have been an obvious matter of design choice to modify the contour area of the adhesive layer to be at most 100 % larger than the contour area of the connection unit, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 9, Ludwig discloses the dry electrode device according to claim 5.
Ludwig discloses the claimed invention except for wherein the adhesive layer comprises 5 to 30 % by weight of electrically conductive particles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the adhesive layer comprises 5 to 30 % by weight of electrically conductive particles, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 14, discloses the dry electrode device according to claim 5, wherein the adhesive layer comprises crosslinkers (A crosslinking agent can be used to produce chemical crosslinks, Paragraph [0077]).
However Ludwig does not explicitly disclose wherein the adhesive layer comprises 0.01-10 % by weight of crosslinkers. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the adhesive layer comprises 0.01-10 % by weight of crosslinkers, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 17, Ludwig discloses the dry electrode device according to claim 15.
Ludwig embodiment 1 discloses wherein a film layer 232 is disposed between the adhesive layers 231 and 233. However Ludwig embodiment 1 does not explicitly disclose wherein the adhesive layer unit comprises an electrically conductive carrier which is arranged between the first adhesive layer and the second adhesive layer.
Ludwig embodiment 2 discloses wherein the adhesive layer unit comprises an electrically conductive carrier which is arranged between the first adhesive layer and the second adhesive layer (dry electrode 400 has conductive particles 401, and supporting layer 430 where 431 and 433 are adhesive layers and 432 is a conductive layer, Paragraph [0112], Figure 4).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Ludwig embodiment 1 to incorporate the teachings of Ludwig embodiment 2 by including wherein the adhesive layer unit comprises an electrically conductive carrier which is arranged between the first adhesive layer and the second adhesive layer. The motivation to do so being to facilitate an electrical connection between the electrical connector and the supporting layer (Ludwig, Paragraph [0112]).
Regarding claim 18, Ludwig embodiment 1 in view of Ludwig embodiment 2 discloses the dry electrode device according to claim 17.
However Ludwig embodiment 1 in view of Ludwig embodiment 2 does not explicitly disclose wherein, in the plan view, a contour area of the second adhesive layer is at least 25 % larger than a contour area of the first adhesive layer.
It would have been an obvious matter of design choice to a contour area of the second adhesive layer is at least 25 % larger than a contour area of the first adhesive layer, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludwig in view of Negele et al. (US 20210386379 A1) herein referred to as “Negele”.
Regarding claim 10, Ludwig discloses the dry electrode device according to claim 5.
However Ludwig does not explicitly disclose wherein the electrically conductive particles embodied as carbon particles.
Negele discloses an electrode comprising a pressure sensitive adhesive (Abstract) wherein the adhesive layer comprises electrically conductive particles embodied as carbon particles (in the adhesive layer the electrically conductive particles are selected from the group consisting of carbon (nano)particles, carbon nanowires, carbon particles, Paragraph [0078]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Ludwig to incorporate
the teachings of Negele by including wherein the adhesive layer comprises electrically conductive particles embodied as carbon particles. The motivation to do so being to incorporate particles that do not cause skin irritation, but provide adequate conductivity (Negele, Paragraph [0079]). US 20210386379
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludwig in view of Fang et al. (US 20200095479 A1) herein referred to as “Fang”.
Regarding claim 11, Ludwig discloses the dry electrode device according to claim 5.
However Ludwig does not explicitly disclose wherein the electrically conductive particles are embodied as micro-platelets.
Fang discloses an electrically conductive adhesive layer comprising a plurality of particles (Abstract) wherein the particles are embodied as micro-platelets (a majority of the particles 110, each of the particles are flake like particles or plate like particles or substantially planar particles, flake like particles include shards, wedges, and trapezoids, for example, Paragraph [0026]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Ludwig to incorporate
the teachings of Fang by including wherein the adhesive layer comprises electrically conductive particles wherein the particles are embodied as micro-platelets. The motivation to do so being to incorporate particles that are substantially flat in order to incorporate them into the thin adhesive layer (Fang, Paragraph [0026]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludwig in view of Lodde et al. (US 10301510 B2) herein referred to as “Lodde” further in view of Polifilm (DE 202012102188 U1) herein referred to as “Polifilm”.
Regarding claim 16, Ludwig discloses the dry electrode device according to claim 15.
However Ludwig does not explicitly disclose wherein the first adhesive layer has an adhesive force on metal according to DIN EN 1939 (Dec 2003) of at least 10 N/25mm and the second adhesive layer has an adhesive force on skin according to DIN EN 1939 (Dec 2003) of at least 1 N/25mm.
Lodde discloses an adhesive tape (Abstract) wherein the first adhesive layer has an adhesive force on metal according to DIN EN 1939 (Dec 2003) of at least 10 N/25mm (“moderate adhesive force” is understood according to DIN EN 1939 an adhesive force within the range of 0.5 N/cm to 4.0 N/cm, Col. 2, lines 3-10, wherein the adhesive force on a nonpolar surface is in the range of 2.0 N/cm to up to 10 N/cm, Col. 7, lines 15-20).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Ludwig to incorporate
the teachings of Lodde by including wherein the first adhesive layer has an adhesive force on metal according to DIN EN 1939 (Dec 2003) of at least 10 N/25mm. The motivation to do so being to ensure the adhesive has a moderate adhesive force (Lodde, Col. 2, lines 3-10).
However Ludwig in view of Lodde does not explicitly disclose and the second adhesive layer has an adhesive force on skin according to DIN EN 1939 (Dec 2003) of at least 1 N/25mm.
Polifilm discloses a particle containing adhesive film (Abstract) wherein the adhesive film has an adhesive force according to DIN EN 1939 (Dec 2003) of at least 1 N/25mm (adhesive film of invention, measured according to DIN EN 1939, on steel has a bond strength in the range of 0.2 to 10.0 N/cm, Page 3, Paragraph 13, see attached).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ludwig to incorporate the teachings of Polifilm by including wherein the second adhesive layer has an adhesive force on skin according to DIN EN 1939 (Dec 2003) of at least 1 N/25mm. The motivation to do so being to ensure that the adhesive sticks sufficiently firmly during use (Polifilm, Page 3, Paragraph 13, see attached).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794