DETAILED ACTION
This action is pursuant to the claims filed on 08/05/2026. Claims 1-4 and 6 are pending. A first action on the merits of claims 1-4 and 6 is as follows.
Response to Amendment
Applicant’s amendment to the claims are acknowledged and entered accordingly. As a result, the 35 USC 112 rejections of the previous office action are withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung (KR 20210019204, translation provided) in view of Kim (KR 20150136286) and in further view of John (U.S. PGPub No. 2005/0043775).
Regarding claim 1, Jung teaches A hybrid type neural electrode comprising: a first layer that comprises a lower surface (Figs 5-6, support 110), and a plurality of holes vertically formed therethrough (Fig 5b, 6b, holes to receive electrodes 120); and a second layer that comprises a lower surface which faces an upper surface of the first layer and on which a measuring device for measuring neural signals is arranged (Fig 6A, connecting portion 122 defines second layer with lower surface facing upper surface of support 110 with electrodes 120 thereon); wherein each of the first layer and the second layer has a front end and a rear end opposite to each other (Figs 5-6, support 110 and connecting portion 122 has front end on left side and rear end on right side), the measuring device is arranged on the front end of the second layer (Fig 6A electrode 120 is arranged on left, “front” end of connecting portion 122), the rear end of the first layer and the rear end of the second layer are integrally connected to each other (Fig 6b, rear ends on right side of 122 and 110 are integrally connected for operation).
Jung fails to teach a planar electrode that is arranged on the lower surface and front end of the first layer.
In related prior art, Kim teaches a similar device wherein a similar first surface comprises a planar electrode arranged on a lower surface and front end thereof (Fig 4 planar electrode 106 on lower surface and front end; note also needle electrode 104). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first layer of Jung in view of Kim to incorporate the planar electrode on the first layer and front end such that the first layer is spaced apart from the second layer to arrive at the device of claim 1. Doing so would advantageously enable a planar electrode to stimulate and/or sense biosignals at a tissue site (Pg 2 of translation of Kim).
Jung fails to teach the front end of the first layer and the front end of the second layer are spaced apart from each other. However, it is noted Jung is silent to the particular method of interconnection between the connecting portion 122 and support 110, only stating that “the coupling between the plurality of settling electrodes 120 and the support part 110 may be made more robust” (Pg 3 of translation of Jung).
In related prior art, John teaches a similar device wherein an adhesion layer is provided on an analogous upper surface of a first layer (Fig 3A-B, adhesive 330 on top surface of substrate 310 to penetrate through openings of substrate 310 to secures the electrodes 320 to patient [0078]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first layer of Jung in view of Kim and John to incorporate the adhesion layer of John on the upper surface of the first layer of Jung such that the front ends of the first and second layers are spaced apart from each other via the adhesive layer to arrive at claim 1. Doing so would advantageously utilize an adhesive layer to help the first and second layers to maintain an integrated connection as the use of intermediate adhesive layers is well-known in the art to yield predictable results therein.
Regarding claim 2, Jung teaches wherein the measuring device comprises an invasive electrode that has an upper end electrically connected to the lower surface of the second layer and penetrates at least one of the plurality of holes of the first layer (Fig 6A, each electrode 120 is electrically connected to connecting part 120 and penetrates the holes of layer 110).
Regarding claim 6, in view of the combination of claim 5 above, the Jung/Kim/John combination further teaches a connection part that connects the rear ends of the first and second layers with each other (Pg 3 of translation of Jung; connecting portion 122 enables more robust coupling of electrodes 120 and support 110, such that connecting portion 122 defines a connection part that connects rear ends of first and second layers), and wherein the connection part comprises: an output unit that is electrically connected to an external device to output a neural signal to the external device (Fig 2 wired schematic connecting parts of device 110/120 with communication unit 130 defines the “output unit”); and a transmission unit that electrically connects the first and second layers with the output unit to transmit a neural signal (Fig 2 wireless communication unit 130).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Kim, John and in further view of Yoon (U.S. PGPub No. 2013/0079615).
Regarding claim 3, in view of the combination of claim 2 above, Jung teaches wherein the invasive electrode comprises: a connection part that has a front surface electrically connected to the second layer (Fig 6A-B, connection between connecting portion 122 and upper end of each electrode 120 is interpreted as a “connection part” as claimed); an insertion part that extends downward from the connection part to be inserted into a body (see Fig 6B).
Jung/Kim fail to teach a light source part that is arranged on the insertion part and irradiates light for stimulating neurons.
In related prior art, Yoon teaches a similar device comprising an invasive electrode with an insertion part comprising a light source part that is arranged on the insertion part and irradiates light for stimulating neurons (Fig 5 light source 22’ on insertion part of invasive electrode for stimulating neurons with light). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Jung in view of Kim and Yoon to incorporate the light source on the insertion part for stimulating neurons to arrive at claim 3. Doing so would advantageously enable the device to stimulate neurons for receiving electrical signals from said stimulated neurons or silencing groups of neurons with light as is known in the art ([0022] [0026]).
Regarding claim 4, in view of the combination of claim 1 above,
Jung/Kim fail to teach the measuring device comprises an optical stimulation device that irradiates light downward from the lower surface of the second layer toward a corresponding hole of the plurality of holes of the first layer, the light stimulating the neurons.
In related prior art, Yoon teaches the measuring device comprises an optical stimulation device that irradiates light downward from the lower surface of the second layer toward at least one corresponding hole of the plurality of holes of the first layer, the light stimulating the neurons (Fig 1, light source 22 irradiates light downward from top of device towards a distal-most end of the device via emitting end 38 of optical waveguide 30 to stimulate neurons). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second layer of Jung in view of Kim and Yoon to incorporate the optical stimulation device to stimulate neurons to arrive at claim 4. Doing so would advantageously enable the device to stimulate neurons for receiving electrical signals from said stimulated neurons or silencing groups of neurons with light as is known in the art ([0022] [0026]).
Response to Arguments
Applicant’s arguments, see remarks, filed 08/05/2026, with respect to the rejection(s) of claim(s) 1-6 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the John reference teaching use of an intermediate adhesive layer such that a corresponding first and second layer would be ‘spaced apart’ as claimed.
Conclusion
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 Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794
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