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 .
Double Patenting
Claims of Current application
Claims of Patent No. 12,247,847
A compliant sensor comprising:
a signal electrode layer comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor region, and a perimeter electrode region;
a dielectric layer comprising an elastomeric material having a first side in contact with the signal electrode layer and configured to allow electrical contact to the perimeter electrode region; and
a top electrode layer comprising an elastomeric material with substantially continuous conducting material integrated within and confined to a location that aligns with the location of the at least one sensor region in the signal electrode layer, and a portion of electrically conducting material configured in an open shielding pattern, wherein the portion of electrically conducting material configured in an open shielding pattern is in the same plane as the substantially continuous conducting material integrated within and confined to a location that aligns with the location of the at least one sensor region in the signal electrode layer and is in a location that aligns with the at least one trace, and wherein the top electrode layer is in contact with a second side of the dielectric layer and in electrical contact with the perimeter electrode region.
2. The compliant sensor of claim 1 wherein the top electrode layer further comprises a Printed Circuit Board (PCB) interface comprising at least one conductive trace pad.
3. The compliant sensor of claim 1 wherein the open shielding pattern comprises a railroad pattern.
4. The compliant sensor of claim 1 wherein the conducting material comprises conductive particulate material.
5. A compliant three-electrode stack sensor comprising:
a first cover dielectric layer comprising an elastomeric material and configured to substantially cover a first side of a top electrode layer;
the top electrode layer comprising an elastomeric material with substantially continuous conductive material integrated within and confined to a location that aligns with a location of a sensor region in a signal electrode layer, and is located in the same plane as a portion of electrically conducting material configured in an open shielding pattern;
a second dielectric layer comprising an elastomeric material in contact with a second side of the top electrode layer, and configured to allow electrical contact to a perimeter electrode region of a signal electrode layer;
the signal electrode layer having a first side in contact with the second dielectric layer and comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor, and the perimeter electrode region;
a third dielectric layer in contact with a second side of the signal electrode layer and comprising an elastomeric material and configured to allow electrical contact to the perimeter electrode region of the signal electrode layer;
a bottom electrode layer in contact with a second side of the third dielectric layer and comprising an elastomeric material with substantially continuous conductive material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer, and is located in the same plane as a portion of electrically conducting material configured in an open shielding pattern; and
a second cover dielectric layer comprising an elastomeric material and configured to substantially cover a second side of the bottom electrode layer; and
wherein the portion of electrically conducting material configured in an open shielding pattern in each of the top electrode layer and the bottom electrode layer are each in a location that align with the at least one trace in the signal electrode layer.
6. The compliant three-electrode stack sensor of claim 5 wherein the top electrode layer further comprises a Printed Circuit Board (PCB) interface comprising at least one conductive trace pad.
7. The compliant three-electrode stack sensor of claim 5 wherein the top electrode layer open shielding pattern comprises a railroad pattern.
8. The compliant three-electrode stack sensor of claim 5 wherein the bottom electrode layer open shielding pattern comprises a railroad pattern.
9. The compliant three-electrode stack sensor of claim 5 wherein the top electrode layer and the bottom electrode layer open shielding patterns both comprise a railroad pattern.
10. The compliant three-electrode stack sensor of claim 5 wherein the conducting material comprises conductive particulate material.
11. A multi-region compliant angular displacement sensor system comprising:
a first compliant sensor further comprising:
a signal electrode layer comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor region, and a perimeter electrode region;
a dielectric layer comprising an elastomeric material having a first side in contact with the signal electrode layer and configured to allow electrical contact to the perimeter electrode region; and
a top electrode layer comprising an elastomeric material with substantially continuous conducting material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer, and a portion of electrically conducting material configured in a hatched pattern, wherein the portion of electrically conducting material configured in a hatched pattern is in the same plane as the substantially continuous conducting material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer and is in a location that aligns with the at least one trace and provides electric shielding for any stray capacitance due to the at least one trace, and wherein the top electrode layer is in contact with a second side of the dielectric layer and in electrical contact with the perimeter electrode region;
a second compliant sensor; and
an elastomeric connector coupling the first compliant sensor to the second compliant sensor.
12. The multi-region compliant angular displacement sensor system of claim 11 wherein the second compliant sensor further comprises:
a signal electrode layer comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor, and a perimeter electrode region;
a dielectric layer comprising an elastomeric material having a first side in contact with the signal electrode layer and configured to allow electrical contact to the perimeter electrode region; and
a top electrode layer comprising an elastomeric material with conducting material integrated within and in contact with a second side of the dielectric layer and in electrical contact with the perimeter electrode region.
13. The multi-region compliant angular displacement sensor system of claim 12 wherein the top electrode layer comprises a portion of electrically conducting material configured in an open shielding pattern.
14. The multi-region compliant angular displacement sensor system of claim 13 wherein the open shielding pattern comprises a railroad pattern.
15. The multi-region compliant angular displacement sensor system of claim 11 wherein the conducting material comprises conductive particulate material.
16. The multi-region compliant angular displacement sensor system of claim 11 wherein the first compliant sensor further comprises:
a compliant three-electrode stack sensor comprising: a first cover dielectric layer comprising an elastomeric material and configured to substantially cover a first side of a top electrode layer;
the top electrode layer comprising an elastomeric material with conductive material integrated within;
a second dielectric layer comprising an elastomeric material in contact with a second side of the top electrode layer, and configured to allow electrical contact to a perimeter electrode region of a signal electrode layer;
the signal electrode layer having a first side in contact with the second dielectric layer and comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor, and the perimeter electrode region;
a third dielectric layer in contact with a second side of the signal electrode layer and comprising an elastomeric material and configured to allow electrical contact to the perimeter electrode region of the signal electrode layer;
a bottom electrode layer in contact with a second side of the third dielectric layer and comprising an elastomeric material with conductive material integrated within; and
a second cover dielectric layer comprising an elastomeric material and configured to substantially cover a second side of the bottom electrode layer.
17. The multi-region compliant angular displacement sensor system of claim 16 wherein the top electrode layer comprises a portion of electrically conducting material configured in an open shielding pattern.
18. The multi-region compliant angular displacement sensor system of claim 16 wherein the bottom electrode layer comprises a portion of electrically conducting material configured in an open shielding pattern.
19. The multi-region compliant angular displacement sensor system of claim 16 wherein the top electrode layer and the bottom electrode layer both comprise a portion of electrically conducting material configured in an open shielding pattern.
20. The multi-region compliant angular displacement sensor system of claim 19 wherein the open shielding pattern comprises a railroad pattern.
A compliant sensor comprising:
a signal electrode layer comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor region, and a perimeter electrode region;
a dielectric layer comprising an elastomeric material having a first side in contact with the signal electrode layer and configured to allow electrical contact to the perimeter electrode region; and
a top electrode layer comprising an elastomeric material with substantially continuous conducting material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer, and a portion of electrically conducting material configured in a hatched pattern, wherein the portion of electrically conducting material configured in a hatched pattern is in the same plane as the substantially continuous conducting material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer and is in a location that aligns with the at least one trace and provides electric shielding for any stray capacitance due to the at least one trace, and wherein the top electrode layer is in contact with a second side of the dielectric layer and in electrical contact with the perimeter electrode region.
2. The compliant sensor of claim 1 wherein the top electrode layer further comprises a Printed Circuit Board (PCB) interface comprising at least one conductive trace pad.
3. The compliant sensor of claim 1 wherein the conducting material comprises conductive particulate material.
4. A compliant three-electrode stack sensor comprising:
a first cover dielectric layer comprising an elastomeric material and configured to substantially cover a first side of a top electrode layer;
the top electrode layer comprising an elastomeric material with substantially continuous conductive material integrated within and confined to a location that aligns with a location of a sensor region in a signal electrode layer, and is located in the same plane as a portion of electrically conducting material configured in a hatched pattern;
a second dielectric layer comprising an elastomeric material in contact with a second side of the top electrode layer, and configured to allow electrical contact to a perimeter electrode region of the signal electrode layer;
the signal electrode layer having a first side in contact with the second dielectric layer and comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor region, and the perimeter electrode region;
a third dielectric layer in contact with a second side of the signal electrode layer and comprising an elastomeric material and configured to allow electrical contact to the perimeter electrode region of the signal electrode layer;
a bottom electrode layer in contact with a second side of the third dielectric layer and comprising an elastomeric material with substantially continuous conductive material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer, and is located in the same plane as a portion of electrically conducting material configured in a hatched pattern; and
a second cover dielectric layer comprising an elastomeric material and configured to substantially cover a second side of the bottom electrode layer; and
wherein the portion of electrically conducting material configured in a hatched pattern in each of the top electrode layer and the bottom electrode layer are each in a location that align with the at least one trace in the signal electrode layer and provide electric shielding for any stray capacitance due to the at least one trace.
5. The compliant three-electrode stack sensor of claim 4 wherein the top electrode layer further comprises a Printed Circuit Board (PCB) interface comprising at least one conductive trace pad.
6. The compliant three-electrode stack sensor of claim 4 wherein the conducting material comprises conductive particulate material.
7. A multi-region compliant angular displacement sensor system comprising:
a first compliant sensor further comprising:
a signal electrode layer comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor region, and a perimeter electrode region;
a dielectric layer comprising an elastomeric material having a first side in contact with the signal electrode layer and configured to allow electrical contact to the perimeter electrode region; and
a top electrode layer comprising an elastomeric material with substantially continuous conducting material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer, and a portion of electrically conducting material configured in a hatched pattern, wherein the portion of electrically conducting material configured in a hatched pattern is in the same plane as the substantially continuous conducting material integrated within and confined to a location that aligns with the location of the sensor region in the signal electrode layer and is in a location that aligns with the at least one trace and provides electric shielding for any stray capacitance due to the at least one trace, and wherein the top electrode layer is in contact with a second side of the dielectric layer and in electrical contact with the perimeter electrode region;
a second compliant sensor; and an elastomeric connector coupling the first compliant sensor to the second compliant sensor.
8. The multi-region compliant angular displacement sensor system of claim 7 wherein the second compliant sensor further comprises:
a signal electrode layer comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor region, and a perimeter electrode region;
a dielectric layer comprising an elastomeric material having a first side in contact with the signal electrode layer and configured to allow electrical contact to the perimeter electrode region; and
a top electrode layer comprising an elastomeric material with conducting material integrated within and in contact with a second side of the dielectric layer and in electrical contact with the perimeter electrode region.
9. The multi-region compliant angular displacement sensor system of claim 8 wherein the top electrode layer of the second compliant sensor comprises a portion of electrically conducting material configured in a hatched pattern.
10. The multi-region compliant angular displacement sensor system of claim 7 wherein the conducting material comprises conductive particulate material.
11. The multi-region compliant angular displacement sensor system of claim 7 wherein the second compliant sensor further comprises:
a compliant three-electrode stack sensor comprising: a first cover dielectric layer comprising an elastomeric material and configured to substantially cover a first side of a top electrode layer;
the top electrode layer comprising an elastomeric material with conductive material integrated within;
a second dielectric layer comprising an elastomeric material in contact with a second side of the top electrode layer, and configured to allow electrical contact to a perimeter electrode region of a signal electrode layer;
the signal electrode layer having a first side in contact with the second dielectric layer and comprising an elastomeric material with conducting material confined to at least one sensor region, at least one trace connected to the at least one sensor, and the perimeter electrode region;
a third dielectric layer in contact with a second side of the signal electrode layer and comprising an elastomeric material and configured to allow electrical contact to the perimeter electrode region of the signal electrode layer;
a bottom electrode layer in contact with a second side of the third dielectric layer and comprising an elastomeric material with conductive material integrated within; and
a second cover dielectric layer comprising an elastomeric material and configured to substantially cover a second side of the bottom electrode layer.
12. The multi-region compliant angular displacement sensor system of claim 11 wherein the top electrode layer of the second compliant sensor comprises a portion of electrically conducting material configured in a hatched pattern.
13. The multi-region compliant angular displacement sensor system of claim 11 wherein the bottom electrode layer of the second compliant sensor comprises a portion of electrically conducting material configured in a hatched pattern.
14. The multi-region compliant angular displacement sensor system of claim 11, wherein the top electrode layer and the bottom electrode layer of the second compliant sensor comprise a portion of electrically conducting material configured in a hatched pattern.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 11-12 and 16 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 7-8 and 11 of prior U.S. Patent No.12/247,847 (Patent ‘847). This is a statutory double patenting rejection.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
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Claims 1-10, 12-15, and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 9-14 of U.S. Patent No. 12,247,847 (Patent ‘847). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-6 and 9-14 of Patent ‘847 anticipate claims 1-10, 12-15 and 17-20. Furthermore, the limitations “open shielding pattern” and “railroad pattern” are derivatives of a hatch pattern, since the hatch pattern is form of an open shielding pattern and portion of the hatch pattern has a railroad shape (see illustration).
Conclusion
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MINH Q. PHAN
Primary Examiner
Art Unit 2852
/MINH Q PHAN/Primary Examiner, Art Unit 2852
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