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 .
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.
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 1-20 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.
Claim 1 recites the limitation “the component" in line 3. There is insufficient antecedent basis for this limitation in the claim. Furthermore, the element (A) is used to label both the “ionic resin” recited in line 1 and the “component” recited in line 3. Therefore, it is unclear which of these elements the label (A) is referring to.
Claim 1 also recites the limitation “an ionic resin” in line 1 and “a resin” in line 3. It is unclear whether these are referring to the same resin element or different resins.
Claim 2 recites the limitation “optionally containing a heteroatom" in line 15. It is unclear whether this limitation is intended to be interpreted as including the heteroatom or not.
Claim 3 recites the limitation “optionally contains one or more selected from an ether group, a carbonyl group, an ester group, a hydroxy group, an amino group, a nitro group, a sulfonyl group, a sulfinyl group, a halogen atom, and a sulfur atom" in lines 13-17. It is unclear whether this limitation is intended to be interpreted as including the one or more selected from an ether group, a carbonyl group, an ester group, a hydroxy group, an amino group, a nitro group, a sulfonyl group, a sulfinyl group, a halogen atom, and a sulfur atom or not.
Claim 3 also recites the limitation “optionally form a ring with a nitrogen atom attached thereto” in line 18. It is unclear whether this limitation is intended to be interpreted as including the ring with a nitrogen atom attached thereto or not.
Claims 4-20 are rejected as being dependent upon a rejected base claim.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatakeyama et al., (US 20220363966, hereinafter Hatakeyama).
Regarding claim 1, Hatekeyama (Figure 1) discloses a bio-electrode composition ([0090]-[0092]) comprising (A) an ionic resin ([0094]-[0095]), wherein the component (A) contains a resin having a structure selected from an ammonium salt, a lithium salt, a sodium salt, and a potassium salt of trissulfonium methide ([0096]).
Regarding claim 2, Hatekeyama (Figure 1) further discloses wherein the resin having a structure selected from an ammonium salt, a lithium salt, a sodium salt, and a potassium salt of trissulfonium methide has a specific chemical structure represented by the following general formula (1),
PNG
media_image1.png
177
457
media_image1.png
Greyscale
wherein RA represents a hydrogen atom or a methyl group; X' each independently represents a single bond, a phenylene group, or a linking group having 1 to 20 carbon atoms and containing at least one selected from an ester bond, an ether bond, an urethane bond, a lactone ring, and a halogen atom; each of R1 and R2 independently represents a hydrocarbyl group having 1 to 20 carbon atoms and optionally containing a heteroatom; and M+ represents any of an ammonium ion, a lithium ion, a sodium ion, and a potassium ion ([0084]-[0085]: an example of a specific structure of the ionic resin is listed as lithium salt of tris(trifluoromethanesulfonyl)methide acid, which follows the structure recited above).
Regarding claim 3, Hatekeyama (Figure 1) further discloses wherein the resin having a structure selected from an ammonium salt, a lithium salt, a sodium salt, and a potassium salt of trissulfonium methide contains an ammonium ion represented by the following general formula (2) as the M+,
PNG
media_image2.png
100
245
media_image2.png
Greyscale
wherein each of R101d, R101e, R101f, and R101g represents a hydrogen atom, a linear, branched, or cyclic alkyl group having 1 to 12 carbon atoms, a linear, branched, or cyclic alkenyl group or alkynyl group having 2 to 12 carbon atoms, or an aromatic group having 4 to 20 carbon atoms, and optionally contains one or more selected from an ether group, a carbonyl group, an ester group, a hydroxy group, an amino group, a nitro group, a sulfonyl group, a sulfinyl group, a halogen atom, and a sulfur atom; R101d and R101e, or R101d, R101e, and RI01f optionally form a ring with a nitrogen atom attached thereto, and when forming the ring, R101d and R101e, or R101d, R101e, and RI01f represent an alkylenegroup having 3 to 10 carbon atoms, or form a heteroaromatic ring having the nitrogen atom in the formula in the ring ([0041]).
Regarding claim 4, Hatekeyama (Figure 1) further discloses as a component (B), a resin other than the component (A), ([0094]).
Regarding claim 5, Hatekeyama (Figure 1) further discloses wherein the component (B) is one or more selected from a silicone resin, a (meth)acrylate resin, and an urethane resin ([0151]).
Regarding claim 6, Hatekeyama (Figure 1) further discloses wherein the component (B) has adhesiveness ([0151]).
Regarding claim 7, Hatekeyama (Figure 1) further discloses comprising, as the component (B), a silicone resin having a RxSiO(4-x)/2 unit (R represents a substituted or unsubstituted monovalent hydrocarbon group having 1 to 10 carbon atoms; and "x" is within a range of 2.5 to 3.5) and a SiO2 unit ([0175]).
Regarding claim 8, Hatekeyama (Figure 1) further discloses carbon powder and/or metal powder as a component (C), ([0054]: component D).
Regarding claim 9, Hatekeyama (Figure 1) further discloses wherein the carbon powder is one or both of carbon black and carbon nanotube ([0055]).
Regarding claim 10, Hatekeyama (Figure 1) further discloses wherein the metal powder is powder of a metal selected from gold, silver, platinum, copper, tin, titanium, nickel, aluminum, tungsten, molybdenum, ruthenium, chromium, and indium ([0056]).
Regarding claim 11, Hatekeyama (Figure 1) further discloses wherein the metal powder is silver powder ([0057]).
Regarding claim 12, Hatekeyama (Figure 1) further discloses an organic solvent as a component (D), ([0059]: component E).
Regarding claim 13, Hatekeyama (Figure 1) discloses a bio-electrode comprising an electro-conductive base material and a living body contact layer formed on the electro-conductive base material, wherein the living body contact layer is a cured material of the bio- electrode composition according to claim 1 ([0061]-[0062]).
Regarding claim 14, Hatekeyama (Figure 1) discloses a bio-electrode comprising an electro-conductive base material and a living body contact layer formed on the electro-conductive base material, wherein the living body contact layer is a cured material of the bio- electrode composition according to claim 2 ([0061]-[0062]).
Regarding claim 15, Hatekeyama (Figure 1) discloses a bio-electrode comprising an electro-conductive base material and a living body contact layer formed on the electro-conductive base material, wherein the living body contact layer is a cured material of the bio- electrode composition according to claim 3 ([0061]-[0062]).
Regarding claim 16, Hatekeyama (Figure 1) discloses a bio-electrode comprising an electro-conductive base material and a living body contact layer formed on the electro-conductive base material, wherein the living body contact layer is a cured material of the bio- electrode composition according to claim 4 ([0061]-[0062]).
Regarding claim 17, Hatekeyama (Figure 1) discloses a bio-electrode comprising an electro-conductive base material and a living body contact layer formed on the electro-conductive base material, wherein the living body contact layer is a cured material of the bio- electrode composition according to claim 5 ([0061]-[0062]).
Regarding claim 18, Hatekeyama (Figure 1) further discloses wherein the electro-conductive base material comprises one or more selected from gold, silver, silver chloride, platinum, aluminum, magnesium, tin, tungsten, iron, copper, nickel, stainless steel, chromium, titanium, carbon, and an electro-conductive polymer ([0064]).
Regarding claim 19, Hatekeyama (Figure 1) discloses a method for producing a bio-electrode comprising an electro-conductive base material and a living body contact layer formed on the electro-conductive base material, the method comprising: applying the bio- electrode composition according to claim 1 onto the electro-conductive base material; and curing the bio- electrode composition to form the living body contact layer ([0066]-[0068]).
Regarding claim 20, Hatekeyama (Figure 1) further discloses wherein the electro-conductive base material to be used comprises one or more selected from gold, silver, silver chloride, platinum, aluminum, magnesium, tin, tungsten, iron, copper, nickel, stainless steel, chromium, titanium, carbon, and an electro-conductive polymer ([0070]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE PREMRAJ whose telephone number is (571)272-8013. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at 571-272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794
Prosecution Insights