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 .
Response to Amendment
The amendment filed July 14th, 2026 has been entered. Claims 16-32 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and 112(b) rejections previously set forth in the Non-Final Office Action mailed January 15th, 2026.
Response to Arguments
Applicant’s arguments with respect to claims 16-32 have been considered but are not persuasive.
The applicant has argued that the “conductive shielding layer 22” cannot read on the “at least a further conductive layer having at least one second printed electrically conductive path”, see Page 7 of the arguments filed 07/14/2026, however the examiner respectfully disagrees. The conductive shielding layer of Alizadeh reads on “at least a further conductive layer having at least one second printed electrically conductive path” as the conductive shielding layer 22 of Alizadeh is printed on both sides of the signal trace 66. The conductive shielding layer is conductive therefore creates a second signal path. The at least further conductive layer is claimed so broadly that the examiner interprets this as any conductive layer creating a printed conductive path, and therefore the conductive shielding layer of Alizadeh does read on the claim language.
Further applicant has argued that the printed electrically conductive paths are elastically stretchable, see Pages 7-9. However, the examiner respectfully disagrees, as Alizadeh explicitly discloses in Paragraph [0101], “the embodiments disclosed herein include using stretchable inks 150 to print the signal traces 66, the electrodes 25, and/or other components of the medical monitoring device onto the substrate 60. In some embodiments, the stretchable inks 150 may also deform and enable folding. In some embodiments, the stretchable inks 150 may include materials that are magnetic and self-sealing. Alternatively or additionally, the stretchable inks 150 may include materials that are gel or liquid”.
Therefore, the examiner does not find the applicant’s arguments to be persuasive. Claim(s) 16-31 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Alizadeh et al. (US 20190015008 A1) herein referred to as “Alizadeh” and Claim(s) 32 is rejected under 35 U.S.C. 103 as being unpatentable over Alizadeh in view of Volgyesi (US 6019732 A) herein referred to as “Volgyesi”.
Claim Objections
Claims 1 and 28 are objected to because of the following informalities:
Claim 1, lines 10-12, recite “wherein the layer is elastically stretchable including each of the at least one first printed electrically conductive path and the at least one second printed electrically conductive path being elastically stretchable” should read -- wherein the conductive layer structure is elastically stretchable wherein each of the at least one first printed electrically conductive path and the at least one second printed electrically conductive path are configured to be elastically stretchable --;
Claim 28, line 3 recites “side of the at least one intermediate layers” should read -- side of the at least one intermediate layer --.
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 16-32 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 16 recites the limitation "at least the further conductive layers" in lines 6-8. There is insufficient antecedent basis for this limitation in the claim. Claims 17-25 and 32 are rejected by virtue of dependency on claim 16. The examiner suggests modifying all claims to recite “at least the further conductive layer”.
Claim 26 recites the limitation "at least the further conductive layers" in lines 9 and 10. There is insufficient antecedent basis for this limitation in the claim. Claims 27-31 are rejected by virtue of dependency on claim 26. The examiner suggests modifying all claims to recite “at least the further conductive layer”.
Claim 32 recites “wherein the environmental impacts include humidity” however claim 18 recites “the shielding effect relating to limiting at least one of the following: a forming of electrically conductive connections; an electrostatic coupling; an electromagnetic induction; a radio frequency interference; and environmental impacts”. Claim 18 does not require that the shielding be related to environmental impacts and therefore it makes claim 32 unclear as this requires claim 18 to include wherein the shielding is related to environmental impacts. Further clarification is needed to understand if claim 18 requires “environmental impacts” in order to incorporate newly added claim 32.
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) 16-31 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Alizadeh et al. (US 20190015008 A1) herein referred to as “Alizadeh”.
Regarding claim 16, Alizadeh discloses a conductive layer structure for application to a surface of a subject (a system for monitoring medical conditions includes a conformable medical monitoring device 10, Abstract), the conductive layer structure comprising: a first conductive layer having at least one first printed electrically conductive path (signal traces 66, Figure 33, Paragraph [0085], In the illustrated embodiment, the medical monitoring device 10 includes a variety of resistors 62, electrodes 25, and signal traces 66 (e.g., wiring) printed on the substrate 60, Paragraph [0070]); at least a further conductive layer having at least one second printed electrically conductive path (conductive shielding layer 120 may be printed on both sides of the signal trace 66, Paragraph [0090]); and at least one intermediate layer extending at least partially between the first and further conductive layer (insulation may be required between the shielding layer and each signal trace, Paragraph [0091]); wherein at least portions of the first and at least the further conductive layers are arranged above one another within the layer structure (layer structure, Figures 33-35); and wherein the layer structure is elastically stretchable including each of the at least one first printed electrically conductive path and the at least one second printed electrically conductive path being elastically stretchable (the medical monitoring device 10 may be foldable and stretchable, Paragraph [0070], the TPU is generally stretchable, Paragraph [0082], Figures 33-35, To alleviate this, the embodiments disclosed herein include using stretchable inks 150 to print the signal traces 66, the electrodes 25, and/or other components of the medical monitoring device onto the substrate 60. In some embodiments, the stretchable inks 150 may also deform and enable folding. In some embodiments, the stretchable inks 150 may include materials that are magnetic and self-sealing. Alternatively or additionally, the stretchable inks 150 may include materials that are gel or liquid, Paragraph [0101]).
Regarding claim 17, Alizadeh discloses the conductive layer structure according to claim 16, wherein the at least one intermediate layer is an insulative layer (insulation may be required between the shielding layer and each signal trace, Paragraph [0091]) and/or in that the first and at least the further conductive layers as well as the at least one intermediate layer are non-movable relative to one another (the shielding layer is laminated or glued, using the lamination adhesive 114 to form multiple polymer layers, Paragraph [0085]) and/or are at least indirectly secured to one another (the shielding layer is laminated or glued, using the lamination adhesive 114 to form multiple polymer layers, Paragraph [0085]).
Regarding claim 18, Alizadeh discloses the conductive layer structure according to claim 16, further comprising a layer that is configured to provide a shielding effect for at least one of the first and at least the further conductive layers (shielding layer 120, Paragraph [0086], Figures 34 and Paragraph [0090]), the shielding effect relating to limiting at least one of the following: a forming of electrically conductive connections; an electrostatic coupling; an electromagnetic induction; a radio frequency interference (the electrical shield properties of interest include reducing RF interference, Paragraphs [0087]-[0090]); and environmental impacts.
Regarding claim 19, Alizadeh discloses the conductive layer structure according to claim 18, wherein the layer that is configured to provide the shielding effect is formed by one of the first and at least the further conductive layers and provides a shielding effect for the respective other of the first and at least the further conductive layers (second conductive shielding 120 layer provides a shielding effect for the first conductive layer 66, Paragraph [0090]).
Regarding claim 20, Alizadeh discloses the conductive layer structure according to claim 16, wherein the at least one of the first and at least the further conductive layers is free of active electric components or comprises more passive electric components than active electric components (conductive signal traces 66 are free of active electric components, Paragraph [0083], Figures 33-35).
Regarding claim 21, Alizadeh discloses the conductive layer structure according to claim 16, wherein the first and at least the further conductive layers are conductively connected to one another (the conductor (signal traces 66) may be positioned between two layers of conductive shielding film 120, (i.e., direct contact indicates that are conductively connected), Paragraph [0089]), and/or that the first and at least the further conductive layers are conductively connected or connectable to a common component in form of a connector that is conductively connected or connectable to an internal or external device so that signals can be transferred from the at least one first electrically conductive path and the at least one second printed electrically conductive path to the device via the connector.
Regarding claim 22, discloses the conductive layer structure according to claim 16, wherein the at least one layer of the layer structure comprises or is attached to a thermoplastic polymer material (a laminated adhesive layer may be applied over the signal traces 66 and the electrode 25 to enable the attachment of the TPU substrate 112, Paragraph [0083], Figures 33-35, (TPU – thermoplastic polyurethane based, Paragraph [0070]).
Regarding claim 23, Alizadeh discloses the conductive layer structure according to claim 16, wherein at least one of the first and at least the further conductive layers has a conductive path that is electrically connected to and/or is part of a measurement point for capturing electric signals at the subject's surface (signal traces 66 are electrically connected to electrodes 25 for capturing electric signals from the subject’s surface, Paragraph [0084-0083], Figures 33-35).
Regarding claim 24, Alizadeh discloses the conductive layer structure according to claim 23, wherein a recess is provided which extends from the measurement point across all layers between the measurement point and the subject's surface (hole within layers 112, 114, Figure 33).
Regarding claim 25, Alizadeh discloses the conductive layer structure according to claim 21, wherein at least one conductive path of at least one of the conductive layers has at least one non-straight section that is straightenable when stretching the layer structure (Figure 17 depicts serpentine structure (non-straight section), Figures 20-21 depicts stretching the layer structure into a straight path).
Regarding claim 26, Alizadeh discloses a method for producing a conductive layer structure for application to a surface of a subject (a system for monitoring medical conditions includes a conformable medical monitoring device 10, Abstract) comprising: providing a first conductive layer including printing at least one electrically conductive path (signal traces 66, Figure 33, Paragraph[0085], In the illustrated embodiment, the medical monitoring device 10 includes a variety of resistors 62, electrodes 25, and signal traces 66 (e.g., wiring) printed on the substrate 60, Paragraph [0070]); providing at least a further conductive layer including printing at least one second electrically conductive path (conductive shielding layer 120 may be printed on both sides of the signal trace 66, Paragraph [0090]); and providing at least one intermediate layer extending at least partially between the first and at least the further conductive layers (insulation may be required between the shielding layer and each signal trace, Paragraph [0091]); wherein the first and at least the further conductive layers are provided so that at least portions thereof are arranged above one another within the layer structure (layer structure, Figures 33-35); and wherein the layer structure is elastically stretchable including each of the first and second electrically conductive paths being elastically stretchable (the medical monitoring device 10 may be foldable and stretchable, Paragraph [0070], the TPU is generally stretchable, Paragraph [0082], Figures 33-35, To alleviate this, the embodiments disclosed herein include using stretchable inks 150 to print the signal traces 66, the electrodes 25, and/or other components of the medical monitoring device onto the substrate 60. In some embodiments, the stretchable inks 150 may also deform and enable folding. In some embodiments, the stretchable inks 150 may include materials that are magnetic and self-sealing. Alternatively or additionally, the stretchable inks 150 may include materials that are gel or liquid, Paragraph [0101]).
Regarding claim 27, Alizadeh discloses the method according to claim 26, wherein at least one of the first and at least the further conductive layers is printed on or attached to the at least one intermediate layer (insulation may be required between the shielding layer and each signal trace (seen as attaching a signal layer to the conductive layer 66), Paragraph [0091], laminated or glued, Paragraph [0085]).
Regarding claim 28, Alizadeh discloses the method according to claim 26, wherein the first and at least the further conductive layers are printed at or attached to opposite sides of the at least one intermediate layers (insulation may be required between the shielding layer and each signal trace (seen as attaching a signal layer to the conductive layer 66), Paragraph [0091], laminated or glued, Paragraph [0085], planar shielding layer and signal traces 66 are printed on the same substrate, Paragraph [0086]).
Regarding claim 29, Alizadeh discloses the method according to claim 26, wherein the at least one intermediate layer is printed on or attached to at least one of the first and at least the further conductive layers (insulation may be required between the shielding layer and each signal trace (seen as attaching a signal layer to the conductive layer 66), Paragraph [0091], laminated or glued, Paragraph [0085], planar shielding layer and signal traces 66 are printed on the same substrate, Paragraph [0086]).
Regarding claim 30, Alizadeh discloses the method according to claim 26, wherein the first conductive layer is provided at a first substructure of the layer structure (certain components of the electronics module are printed on a first substrate layer, including the signals traces 66, Paragraph [0108]) and the at least the further conductive layer is provided at a second substructure of the layer structure and in that the first and second substructure are joined to form at least part of the layer structure (a second substrate layer may be applied over the first substrate layer to insulate certain components, and a third substrate layer may be applied over the first and/or second substrate layer to shield the certain components of the electronics module from certain EMI, including the shielding layer 120, Paragraph [0108]).
Regarding claim 31, Alizadeh discloses the conductive layer structure according to claim 22, wherein the thermoplastic polymer material is a thermoplastic polyurethan material (a laminated adhesive layer may be applied over the signal traces 66 and the electrode 25 to enable the attachment of the TPU substrate 112, Paragraph [0083], Figures 33-35, (TPU – thermoplastic polyurethane based, Paragraph [0070]).
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) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alizadeh in view of Volgyesi (US 6019732 A) herein referred to as “Volgyesi”.
Regarding claim 32, Alizadeh discloses the conductive layer structure according to claim 18.
However Alizadeh does not explicitly disclose wherein the environmental impacts include humidity.
Volgyesi discloses a flexible substrate device (Abstract) wherein the device is shielded from environmental impacts including humidity (Further, the device may be coated with material to prevent changes in resistance caused by humidity).
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 Alizadeh to incorporate the teachings of Volgyesi by including wherein the device is shielded from environmental impacts including humidity. The motivation to do so being to prevent changes in resistance caused by humidity (Volgyesi, Col. 3, lines 57-57).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takahshi et al. (US 2007/0299471 A1) discloses a textile type body worn apparatus, and Hayes-Gill et al. (US 20160262649 A1) discloses a multi electrode patch comprising a flexible substrate.
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 Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.S./Examiner, Art Unit 3794 /JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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