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 03/01/2024 is being considered by the examiner.
Claim Objections
Claims 19-25 and 27-30 are objected to because of the following informalities:
Claims 19-25 and 27-30 recite “characterised” should read – characterized --.
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 16-30 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.
Regarding claims 16, 26, and 22, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claims 17-25 and claims 27-30 are rejected by virtue of dependency on claims 16 and 26 respectively.
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) 16-30 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), in particular for use in medical products (a system for monitoring medical conditions includes a conformable medical monitoring device, Abstract), comprising: a first conductive layer having at least one electrically conductive path (signal traces 66, Figure 33, Paragraph[0085]); at least a further conductive layer having at least one 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 further conductive layer are arranged above one another within the layer structure (layer structure, Figures 33-35); and wherein the layer structure is elastically stretchable (the medical monitoring device 10 may be foldable and stretchable, Paragraph [0070], the TPU is generally stretchable, Paragraph [0082], Figures 33-35).
Regarding claim 17, Alizadeh discloses the conductive layer structure according to claim 16, characterised in that the 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 further conductive layer as well as the 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, characterised by comprising a layer that is configured to provide a shielding effect for at least one of the first and further conductive layer (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, such as humidity.
Regarding claim 19, Alizadeh discloses the conductive layer structure according to claim 18, characterised in that the layer providing the shielding effect is formed by one of the first and further conductive layer and provides a shielding effect for the respective other of the first and further conductive layer (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, characterised in that at least one of the first and further conductive layer 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, characterised in that the first and further conductive layer 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 further conductive layer 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 conductive paths to the device via the connector.
Regarding claim 22, discloses the conductive layer structure according to claim 16, characterised in that at least one layer of the layer structure comprises or is attached to a thermoplastic polymer material, in particular 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]).
Regarding claim 23, Alizadeh discloses the conductive layer structure according to claim 16, characterised in that at least one of the first and further conductive layer 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, characterised in that 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, characterised in that 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), in particular for use in medical products (a system for monitoring medical conditions includes a conformable medical monitoring device, Abstract), the method comprising: providing a first conductive layer having at least one electrically conductive path (signal traces 66, Figure 33, Paragraph[0085]); providing at least a further conductive layer having at least one electrically conductive path (conductive shielding layer 120 may be printed on both sides of the signal trace 66, Paragraph [0090]); and providing at least on 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 the first and further conductive layer 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 (the medical monitoring device 10 may be foldable and stretchable, Paragraph [0070], the TPU is generally stretchable, Paragraph [0082], Figures 33-35).
Regarding claim 27, Alizadeh discloses the method according to claim 26, characterised in that at least one of the first and further conductive layer is printed on or attached to the 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, characterised in that the first and further conductive layers are printed at or attached to opposite sides of the 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, characterised in that the intermediate layer is printed on or attached to at least one of the first and further conductive 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], 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, characterised in that 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 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]).
Conclusion
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794