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 .
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 3 – 7, 11, 12, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berg et al. (US PGPUB 2020/0397372 – in IDS) in view of Begriche et al. (US PGPUB 2018/0249767).
Regarding independent claims 1 and 4, Berg discloses an electrode pad for electro-stimulation, comprising: a first non-conductive flexible substrate (e.g. 110) comprising at least one conductive track (e.g. 135) disposed on a first side of the first non-conductive flexible substrate (e.g. Fig. 2B), and a layer of conductive silicone (e.g. 140) disposed over the at least one conductive track and the non-conductive area (e.g. ¶ 48), but fails to explicitly recite a primer disposed on the first side of the first non-conductive flexible substrate in areas not covered by the at least one conductive track.
Begriche teaches it is known to use a non-conductive primer (e.g. 3642) disposed on the first side of the first non-conductive flexible substrate in areas not covered by the at least one conductive track (e.g. ¶ 161; 3640B may be a hole through the non-conductive primer layer that lines up with the conductive track/electrode), wherein the primer is bonding the first non-conductive flexible substrate to the layer of conductive silicone providing mechanical contact between the at least one conductive track and a first side of the layer of conductive silicone (e.g. ¶ 161). It would have been obvious to one having ordinary skill in the art to modify the device as taught by Berg with the non-conductive primer layer as taught by Begriche, since such a modification would provide the predictable results of providing an improved mechanical connection between the layers of the electrode pad.
Regarding independent claim 12, Berg discloses a method of manufacturing the electrode pad of claim 1, including mask printing (e.g. ¶ 99). Berg fails to teach disposing a primer on the first side of the first non-conductive flexible substrate.
Begriche teaches it is known to use a non-conductive primer (e.g. 3642) disposed on the first side of the first non-conductive flexible substrate in areas not covered by the at least one conductive track (e.g. ¶ 161; 3640B may be a hole through the non-conductive primer layer that lines up with the conductive track/electrode), wherein the primer is bonding the first non-conductive flexible substrate to the layer of conductive silicone providing mechanical contact between the at least one conductive track and a first side of the layer of conductive silicone (e.g. ¶ 161). It would have been obvious to one having ordinary skill in the art to modify the device as taught by Berg with the non-conductive primer layer as taught by Begriche, since such a modification would provide the predictable results of providing an improved mechanical connection between the layers of the electrode pad.
Regarding claims 3 and 14, Berg discloses a non-conductive silicone layer covering all sides of the electrode pad other than the second side of the layer of conductive silicone (e.g. 150 and ¶ 58).
Regarding claim 5, Berg discloses the layer of conductive silicone is a compression molded layer (e.g. ¶ 99).
Regarding claim 6, Berg discloses the substrate is a PCB (e.g. ¶ 35).
Regarding claim 7, Berg discloses the use of a processor (e.g. ¶ 102) which would read on the microcontroller as claimed. It is noted, that the adapted for language is functional language. Any generic processor would be capable of performing the well-known steps of regulating heat, measuring movement, and/or displaying an ID.
Regarding claim 11, Berg discloses an adhesive film (e.g. ¶ 77).
Regarding claim 15, Berg discloses using heat pressing (e.g. ¶ 70 and 81).
Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berg et al. in view of Begriche et al. as applied to claims 1 and 12 above, and further in view of Hsu et al. (US PGPUB 2019/0117124).
Regarding claims 2 and 13, Berg discloses an adhesive disposed on the substrate (e.g. ¶ 46 and 67). But Berg in view of Begriche fails to teach a second non-conductive flexible substrate comprising at least one conductive track disposed on a first side of the second non-conductive flexible substrate, and where a second side of the second non-conductive flexible substrate, opposite the first side of the second non-conductive flexible substrate, is arranged on the adhesive.
Hsu teaches it is known to use first and second non-conductive substrates, both having conductive tracks disposed upon them (e.g. ¶ 55). It would have been obvious to one having ordinary skill in the art to modify the electrode pad as taught by Berg in view of Begriche with the multiple substrates having conductive tracks as taught by Hsu, since such a modification would provide the predictable results of providing multiple conductive tracks which are insulated from one another.
Claim(s) 8 - 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berg et al. in view of Begriche et al. and Hsu et al. as applied to claim 2 above, and further in view of Mohn et al. (US PGPUB 2014/0052198).
Regarding claims 8 – 10, Berg in view of Begriche et al. and Hsu et al. discloses the claimed invention as previously described, but fails to teach that the conductive tracks are heating elements.
Mohn teaches it is known to use a circuit for applying heat and electrical stimulation that uses heating elements on a substrate (e.g. ¶ 10-14). It would have been obvious to one having ordinary skill in the art to modify the conductive tracks as taught by Berg in view of Begriche and Hsu with the heating elements as taught by Mohn, since such a modification would provide the predictable results of enhancing a therapeutic effect using the heat.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M DIETRICH whose telephone number is (571)270-1895. The examiner can normally be reached Mon - Fri 8:00-5:00.
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/JOSEPH M DIETRICH/Primary Examiner, Art Unit 3796
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