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
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.
Claims 1-4 & 6-7 are rejected under 35 U.S.C 103 as being unpatentable over Morita et al. (US 20230108635) herein referred to as Morita in view of Hatakeyama et al. (20150090922) herein referred to as Hatakeyama.
Regarding Claim 1, Morita discloses An electrode pad (Figure 1, 20) comprising: a first conductive layer (Figure 1, 22); and a second conductive layer provided on one surface of the first conductive layer (Figure 1, 24), and wherein the second conductive layer contains 0.1% by mass to 40% by mass of a metal chloride (Paragraph [0011]; wherein the layer consist of resin, silver and silver chloride such that the mass % of silver chloride is 5.26% based on the ratio 95:5 to silver). However, Morita does not explicitly disclose wherein the first conductive layer has an elongation at break of 50% to 600%.
Hatakeyama discloses a conductive layer for an electrode (Figure 1) wherein conductive layer has an elongation at break of 50% to 600% (Paragraph [0011]; Paragraph [0250]).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductive sheet taught by Morita to allow for elongation at break at the percentage taught by Hatakeyama. The motivation being to allow flexibility, protect elements from damage such as cracking and allowing for heat dissipation (Hatakeyama, Paragraph [0316]).
Regarding claim 2, Morita in view of Hatakeyama disclose the electrode pad according to claim 1. Morita also discloses wherein an impedance with skin is 1 MQ or less (Paragraph [0018]; wherein the impedance of the biological electrode is preferably 2000Ω or less, more preferably 1000Ω or less, further preferably 750Ω or less).
Regarding claim 3, Morita in view of Hatakeyama disclose the electrode pad according to claim 1. Morita also discloses wherein a polarization voltage is in a range from 0.1 mV to 100 mV (Paragraph [0018]; wherein the polarization of the biological electrode after defibrillation load is preferably 100 mV or less, more preferably 20 mV or less.)
Regarding claim 4, Morita in view of Hatekeyama disclose the electrode pad according to claim 1. Morita also discloses wherein the second conductive layer contains a pseudoplastic fluid or a Bingham fluid (Paragraph [0025]; wherein the second conductive layer contains a resin which is a pseudoplastic fluid).
Regarding claim 6, Morita in view of Hatakeyama disclose the electrode pad according to claim 1. Morita also discloses wherein a metal of the metal chloride contains one or more components selected from the group consisting of Cu, Na, Sn, Al, Si, K, Ag, and Ca (Paragraph [0011]; wherein the metal is Ag, Silver)
Regarding claim 7, Morita in view of Hatakeyama disclose the electrode pad according to claim 1. Morita also discloses wherein the first conductive layer is a bioelectrode (Paragraph [0022]; wherein layer 22 is a polarizable electrode; Paragraph [0003]; wherein the all the electrodes are bioelectrodes)
Claims 5 are rejected under 35 U.S.C 103 as being unpatentable over Morita and Hatakeyama in further view of Hatakeyama et al. (US 20200060614) herein referred to as Hatekeyama2.
Regarding Claim 5, Morita in view of Hatakeyama disclose the electrode pad according to claim 1. However, Morita in view of Hatakeyama does not explicitly disclose herein the second conductive layer has a viscosity of 1 mPas to 100,000 mPas.
Hatekeyama2 discloses an electrode pad (Figure 1) wherein the second conductive layer has a viscosity of 1 mPas to 100,000 mPas (Paragraph [0178]; wherein the conductive layer compound has a viscosity of 27,000 mPas).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the conductive layer as taught by Morita in view of Hatekeyama to have a viscosity as the the conductive layer taught by Hatekeyama2. The motivation being using a material that allows for high viscosity which will allow for better flexibility (Hatekeyama, Paragraph [0099]).
Claims 8-11 are rejected under 35 U.S.C 103 as being unpatentable over Morita and Hatakeyama in further view of Ylostalo et al. (US 20120053439) herein referred to as Ylostalo.
Regarding Claim 8, Morita in view of Hatakeyama discloses a living body sensor used by being attached to a surface of a living body (Morita, Paragraph [0019]), comprising: a base adhesive layer provided on a surface on the living body side (Morita, Figure 1, 26) and an electrode pad provided on a surface on the living body side of the base adhesive layer (Morita, Figure 1, 20), wherein the electrode pad is the electrode pad of claim 1 (See claim 1). . However, Morita in view of Hatakeyama does not explicitly disclose a form porous structure.
Ylostalo discloses a living body sensor (Figure 3) comprising a base adhesive layer provided on the living body side of a foam substrate having a porous structure (Figure 3, 13 & 19; wherein 13 is the foam and 19 is the adhesive). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive layer taught by Morita in view of Hatakeyama to include a foam substrate as taught by Ylostalo. The motivation being a simple substitution of one known substrate, the substrate taught by Morita, for another, the foam substrate taught by Ylostalo to obtain predictable results of attaching a sensor to a living body (MPEP 2143 (B)).
Regarding claim 9, Morita and Hatakeyama in further view of Ylostalo disclose the living body sensor of claim 8. Ylostalo also discloses wherein the second conductive layer of the electrode pad is provided up to the base adhesive layer around the electrode pad (Figure 3, 15; wherein 15 is the second conductive layer). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive layer taught by Morita in view of Hatakeyama to include the structure as taught by Ylostalo. The motivation being to directly attach the electrode to living tissue (Ylostalo, Paragraph [0026])
Regarding claim 10, Morita and Hatakeyama in further view of Ylostalo disclose the living body sensor of claim 8. Ylostalo also discloses a base on which a sensor unit is provided (Figure 3, 10), the sensor unit being connected to the electrode pad and configured to acquire biometric information (Figure 2; Abstract); and an attachment adhesive layer provided on a surface of the base close to the living body (Paragraph [0026]; wherein an adhesive attachment layer is provided to attach the sensor to the users skin), wherein the base adhesive layer, the electrode pad, and the attachment adhesive layer form an attachment surface to the living body (Figure 3; when assembled form an attachment surface for the user skin which is also taught in Paragraph [0026]). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive layer taught by Morita in view of Hatakeyama to include the structure as taught by Ylostalo. The motivation being to directly attach the electrode to living tissue (Ylostalo, Paragraph [0026])
Regarding claim 11, Morita and Hatakeyama in further view of Ylostalo disclose the living body sensor of claim 8. Ylostalo also discloses wherein the first conductive layer has a through hole (Figure 3, 11), and wherein the base adhesive layer is exposed from the through hole (Figure 3, 19). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive layer taught by Morita in view of Hatakeyama to include the structure as taught by Ylostalo. The motivation being to directly attach the electrode to living tissue (Ylostalo, Paragraph [0026])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794