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 .
Response to Amendment
The amendment filed on April 03, 2026 was considered by the examiner. Claims 20-26 and 32-44 are pending in the application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 20-25 and 33-44 are rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni et al. (US Patent Application Publication 2015/0040282 – cited in prior action), hereinafter Longinotti-Buitoni, and in view of De Taboada et al. (US Patent Application Publication 2021/0196975 – cited in prior action), hereinafter De Taboada, and in view of Chandler (“How Athos Clothing Works”, HowStuffWorks.com, 13 May 2015, accessed at https://electronics.howstuffworks.com/gadgets/fitness/athos-clothing.htm, accessed on 01 June 2026), hereinafter Chandler, as evidenced by Athos YouTube video (“Translate your Movements into Meaning with Athos”, YouTube, uploaded on 25 November 2013, accessed on https://www.youtube.com/watch?v=Zbtc-unamZs, accessed on 01 June 2026), hereinafter Athos, and in view of Gassoway et al. (US Patent Application Publication 2015/0342529), hereinafter Gassoway and in view of Melker et al. (US Patent Application 2016/0022157 – cited in prior action), hereinafter Melker.
Regarding Claim 20, Longinotti-Buitoni teaches about garments, including compression garments, including conductive ink patterns (see abstract; Figs. 1A-1B) and also body sensors, such as optical sensors (see ¶[0244]). Longinotti-Buitoni teaches a system (see abstract and ¶[0244]; Figs. 1A-1B), comprising:
a compression garment (¶[0026], ¶[0033], ¶[0051], and ¶[0058] the flexible garment includes a compressive material, the garment may be pants, a shirt, or shorts, and may include a pocket for holding the sensor module); and
an optical sensor (¶[0244] the body sensors, which may comprise optical sensors, such as LEDs, ¶[0282] the detector array for detecting the different signals, such as from the optical sensors) removably and replaceably disposed within the compression garment such that the optical sensor is pressed against a target surface when the compression garment is placed for use on a user (¶[0026], ¶[0033], ¶[0051], and ¶[0058] the flexible garment includes a compressive material, the garment may include a pocket for holding the sensor module, the compressive material would press the sensor against the skin of the user from within the pocket when the compressive material is worn, ¶[0033] the pocket removably contains the sensor module),
the optical sensor comprising an optical source array (¶[0244] the body sensors, which may comprise optical sensors, such as LEDs, there may be 50 or more body sensors, a plurality of LEDs would be the optical source array) and a plurality of optical detectors positioned to detect optical signals radiated by the optical source array into the target surface (¶[0282] the detector array for detecting the different signals, such as from the optical sensors, the heart rate and/or pulse measurements may be measured in this, in which the optical signals would have to have been radiated into the wearer of the compression garment).
Longinotti-Buitoni does not specifically teach that the optical sensor is configured to directly contact the target surface when placed for use in the compression garment, and that the optical sensor is removable from and replaceable to the compression garment through an exterior of the compression garment to allow installation and removal while the compression garment is placed for use and being worn by the user.
De Taboada teaches a wearable light therapy system (see abstract), in which the optical components may be secured to the user via a compressive garment (see ¶[0008] and ¶[0052]). De Taboada teaches that the optical components, the system 120, may be secured in a pocket 164 of the compressive garment 160 (see ¶[0075]-[0077]; Figs. 15-19), in which the system 120 may be inserted through a device receiver 162 (the second opening on the exterior of the compression garment; see ¶[0075] and Figs. 15-16) and that the system 120 may be applied directly to the tissue of the patient, affixed through the compressive force of the garment through an interior opening (the first opening; see ¶[0077] and Fig. 19) such that the system 120 protrudes from the pocket inwardly towards the user (see Fig. 19).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the two opening pocket of De Taboada with the system of Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the use of the data receiver 162 (the second opening) provides an easy access opening to insert and remove the device; and/or (3) the interior opening (the first opening) provides direct contact via the compressive force involving the light emitted by the emitters towards the skin and received by the detectors, such that there is less risk of detecting unwanted light.
The claim element “the compression garment to allow installation and removal while the compression garment is placed for use and being worn by the user” is being interpreted as intended use. Therefore, the examiner interprets the intended use/conditions of the claims in such a manner that if prior art, under 35 U.S.C. § 102 and/or 103, teaches or makes obvious the positively recited structural recitations (i.e., the exterior of the compression garment) that could be configured to perform the intended use/conditions of the claims, as satisfying the scope of the limitations pertaining to the intended use/conditions, and the prior art thereby teaching the claims as a whole in the application. The modified Longinotti-Buitoni teaches the exterior of the compression garments, such that the optical sensor could be installed/removed while the compression garment is placed for use and being worn by the user. However, De Taboada does not specifically teach whether second opening may be utilized to insert the system while the garment is worn.
Alternatively and/or additionally, Chandler teaches about the Athos garment system (see pg. 1-2), which comprises a system hub containing accelerometers and gyroscopes, secured within a pocket of compression garments (see pg. 4-7). Also, that the system hub is installable/removable while the compression garment placed for use and being worn by the user (see Athos YouTube video, about the 15 second mark at https://www.youtube.com/watch?v=Zbtc-unamZs&t=15s, see screen capture below).
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Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the compression garment worn install/removal of Chandler with the system of the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) being able to install/remove the sensor portion while the compression garment is being worn gives increased flexibility for managing the sensor portion, as opposed to just install/removal when the compression garment is not being worn.
The modified Longinotti-Buitoni does not specifically teach that at least a portion of the optical sensor is pressed into and forms a ring of indentation in the target surface with a seal ring, wherein the seal ring forms a raised portion to prevent environmental light from being detected by the optical sensor.
Gassoway teaches an optical pulse-rate assembly including an illumination source and an illumination receiver with light reflected through a window (see abstract and Fig. 1A), including the use of an elevated rim 324/420 (i.e., a raised portion) to seal the optical pulse-rate sensor from ambient light noise by substantially sealing the rim against the user’s skin around the sensor (see ¶[0006], ¶[0040]-[0042], and ¶[0046]-[0047]; Figs. 3-4B), the rim 324/420 extending from sensor 56, but may also non-sensory frame structure (see ¶[0040]), the rim being continuous (see ¶[0042]), while recess portion 108 interior of the rim 324/420 prevents a bleaching effect of hindered blood flow in capillaries (see ¶[0028] and Fig. 2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the continuous rim (raised portion) of Gassoway around the optical sensor of the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the continuous rim would seal the optical pulse-rate sensor from ambient light noise (see Gassoway ¶[0006] and ¶[0040]); and/or (3) the resulting recess portion interior of the rim would help to prevent a bleaching effect of hindered blood flow in capillaries (see Gassoway ¶[0028] and Fig. 2). In this case, the claim recites that “at least a portion of the optical sensor is pressed into and forms a ring of indentation in the target surface” when “the compression garment is placed for use on a user” (which is being interpreted as intended use). Therefore, as the modified Longinotti-Buitoni now teaches the claimed structure of the seal ring (i.e., the rim), and could be configured to press into and form a ring of indentation in the target surface, that recitation of the present claim is taught by the modified Longinotti-Buitoni.
The modified Longinotti-Buitoni does not specifically teach that the optical source array and the plurality of optical detectors of the optical sensor are synchronously operable to provide at least one measurement channel for a physiological parameter.
Melker teaches methods of monitoring the direction and/or velocity of blood flow at a body site utilizing PPG signal streams (see abstract and Fig. 4). Melker teaches that signal streams from the PPG sensor arrays are collected, in which the signals may be sampled synchronously (see ¶[0045]-[0046]), in which the emitters may be pulsed in sync with the sampling of the detectors (see ¶[0048]). Here, the signal streams are interpreted to cover the “at least one measurement channel”.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the synchronous sampling and sampling streams of Melker with the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) synchronous sampling would improve the signal to noise ratio of the physiological measurements.
Regarding Claim 21, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches the compression garment is a shirt (¶[0026], ¶[0033], ¶[0051], and ¶[0058] the flexible garment includes a compressive material, the garment may a shirt).
Regarding Claim 22, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches the compression garment includes shorts (¶[0026], ¶[0033], ¶[0051], and ¶[0058] the flexible garment includes a compressive material, the garment may be pants or shorts).
Regarding Claim 23, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches a control module comprising a microcontroller (¶[0360]-[0366] the sensor management system (SMS) that may be placed on the garment, may include a microcontroller, and is configured to preform pre-processing of received data) configured to exchange one or more of data and power with the optical source array and the plurality of optical detectors (¶[0244] the body sensors, which may comprise optical sensors, such as LEDs, ¶[0282] the detector array for detecting the different signals, such as from the optical sensors, ¶[0051] the sensing module, ¶[0272]-[0273] the sensor manager 83 that is connected to and receives signals from the sensors including the body sensors 85; Fig. 4).
Regarding Claim 24, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 23 as stated above. The modified Longinotti-Buitoni further teaches the raised portion includes a continuously raised portion around the optical source array and the plurality of optical detectors of the optical sensor (see Gassoway ¶[0006], ¶[0040]-[0042], and ¶[0046]-[0047], the use of an elevated rim 324/420 (i.e., a raised portion) to seal the optical pulse-rate sensor from ambient light noise by substantially sealing the rim against the user’s skin around the sensor; Figs. 3-4B).
Regarding Claim 25, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 23 as stated above. Longinotti-Buitoni further teaches the control module is configured to wirelessly communicate with one or more external devices (¶[0272]-[0275] the sensor manager may be configured for communication protocols, such as communication between modules of the system or to an external device, such the cloud, a computer, a phone, a tablet, etc.).
Regarding Claim 33, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches the optical source array comprises a strip of light emitting diodes (LEDs) (¶[0244] the body sensors, which may comprise optical sensors, such as LEDs, there may be 50 or more body sensors, a plurality of LEDs would be the optical source array).
Regarding Claim 34, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni teaches that the body sensors are incorporated with the flexible garments; however, the modified Longinotti-Buitoni does not specifically teach the usage of a flexible substrate.
De Taboada further teaches that the electronic components, including the sensors and emitters, may be mounted on a flexible substrate (see ¶[0052]; Figs. 1-3).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the flexible substrate of De Taboada for the mount of the electronic components (including the detector array) of the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable result and/or (2) the usage of a flexible substrate allows mechanical deformation of the system so that the system may be usable with wearable garments or accessories (see De Taboada ¶[0052]).
Regarding Claim 35, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches a processor disposed within the compression garment and coupled to outputs of the plurality of optical detectors (¶[0066]-[0067] the microprocessor/processor (such as a sensor manager) configured to connect with the sensors, ¶[0272]-[0275] the sensor manager may be configured for communication protocols, such as communication between modules of the system).
Regarding Claim 36, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches wireless communication circuitry configured to wirelessly transmit data indicative of signals produced by the plurality of optical detectors (¶[0167]-[0168], ¶[0239], ¶[0242], and ¶[0282] wireless communication may be utilized between the different components of the compressive garment).
Regarding Claim 37, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches a power source and a wireless power receiver for charging the power source via an external wireless charging source (¶[0171] the wireless charging/recharging of the flexible batteries, which are the primary power source).
Regarding Claim 38, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 37 as stated above. Longinotti-Buitoni further teaches the power source is a battery (¶[0171] the flexible batteries are the primary power source).
Regarding Claim 39, Longinotti-Buitoni teaches about garments, including compression garments, including conductive ink patterns (see abstract; Figs. 1A-1B) and also body sensors, such as optical sensors (see ¶[0244]). Longinotti-Buitoni teaches a wearable optical monitor (see abstract and ¶[0244]; Figs. 1A-1B), comprising:
an item of clothing (¶[0026], ¶[0033], ¶[0051], and ¶[0058] the flexible garment includes a compressive material, the garment may be pants, a shirt, or shorts, and may include a pocket for holding the sensor module; ¶[0075] a holder, such as a pocket, may be utilized to hold the sensor manager);
an optical detector module (¶[0244] the body sensors, which may comprise optical sensors, such as LEDs, ¶[0282] the detector array for detecting the different signals, such as from the optical sensors) removably and replaceably coupled to the item of clothing (¶[0026], ¶[0033], ¶[0051], and ¶[0058] the flexible garment includes a compressive material, the garment may include a pocket for holding the sensor module, ¶[0033] the pocket removably contains the sensor module),
the optical detector module (¶[0244] the body sensors, which may comprise optical sensors, such as LEDs, ¶[0282] the detector array for detecting the different signals, such as from the optical sensors) coupled such that an optical sensor of the optical detector module is pressed against skin (¶[0026], ¶[0033], ¶[0051], and ¶[0058] the flexible garment includes a compressive material, the garment may include a pocket for holding the sensor module, the compressive material would press the sensor against the skin of the user from within the pocket),
the optical detector module being removeable and replaceable within the item of clothing (¶[0033] the pocket removably contains the sensor module) and
the optical detector module comprising an optical source array (¶[0244] the body sensors, which may comprise optical sensors, such as LEDs, there may be 50 or more body sensors, a plurality of LEDs would be the optical source array) and a plurality of optical detectors positioned to detect optical signals radiated by the optical source array into a target surface when the item of clothing is being worn (¶[0032] and ¶[0282] the detector array for detecting the different signals, such as from the optical sensors, such as the heart rate and/or pulse measurements and oxygen saturation, in which the optical signals would have to have been radiated into the wearer of the compression garment); and
a control module comprising a microcontroller (¶[0360]-[0366] the sensor management system (SMS) that may be placed on the garment, may include a microcontroller, and is configured to preform pre-processing of received data),
the control module removably and replaceably coupled to the item of clothing (¶[0075] a holder, such as a pocket, may be utilized to hold the sensor manager) and coupled in a communicating relationship to the optical detector module (¶[0272]-[0273] the sensor manager 83 that is connected to and receives signals from the sensors including the body sensors 85; Fig. 4),
the control module configured to receive output signals from the plurality of optical detectors of the optical detector module (¶[0272]-[0273] the sensor manager 83 that is connected to and receives signals from the sensors including the body sensors 85; Fig. 4) and the control module configured to communicate wirelessly with one or more external devices (¶[0272]-[0275] the sensor manager may be configured for communication protocols, such as communication between modules of the system or to an external device, such the cloud, a computer, a phone, a tablet, etc.).
Longinotti-Buitoni does not specifically teach that the optical sensor is coupled to tissue when the optical detector module is coupled to the item of clothing and the item of clothing is being worn, and that the optical detector module is removable from and replaceable through an exterior of the item of clothing to allow installation and removal while the item of clothing is placed for use and being worn by the user.
De Taboada teaches a wearable light therapy system (see abstract), in which the optical components may be secured to the user via a compressive garment (see ¶[0008] and ¶[0052]). De Taboada teaches that the optical components, the system 120, may be secured in a pocket 164 of the compressive garment 160 (see ¶[0075]-[0077]; Figs. 15-19), in which the system 120 may be inserted through a device receiver 162 (the second opening on the exterior of the compression garment; see ¶[0075] and Figs. 15-16) and that the system 120 may be applied directly to the tissue of the patient, affixed through the compressive force of the garment through an interior opening (the first opening; see ¶[0077] and Fig. 19) such that the system 120 protrudes from the pocket inwardly towards the user (see Fig. 19).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the two opening pocket of De Taboada with the system of Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the use of the data receiver 162 (the second opening) provides an easy access opening to insert and remove the device; and/or (3) the interior opening (the first opening) provides direct contact via the compressive force involving the light emitted by the emitters towards the skin and received by the detectors, such that there is less risk of detecting unwanted light.
The claim element “the item of clothing to allow installation and removal while the item of clothing is placed for use and being worn by the user” is being interpreted as intended use. Therefore, the examiner interprets the intended use/conditions of the claims in such a manner that if prior art, under 35 U.S.C. § 102 and/or 103, teaches or makes obvious the positively recited structural recitations (i.e., the exterior of the compression garment) that could be configured to perform the intended use/conditions of the claims, as satisfying the scope of the limitations pertaining to the intended use/conditions, and the prior art thereby teaching the claims as a whole in the application. The modified Longinotti-Buitoni teaches the exterior of the item of clothing, such that the optical sensor could be installed/removed while the item of clothing is placed for use and being worn by the user. However, De Taboada does not specifically teach whether second opening may be utilized to insert the system while the garment is worn.
Alternatively and/or additionally, Chandler teaches about the Athos garment system (see pg. 1-2), which comprises a system hub containing accelerometers and gyroscopes, secured within a pocket of compression garments (see pg. 4-7). Also, that the system hub is installable/removable while the compression garment placed for use and being worn by the user (see Athos YouTube video, about the 15 second mark at https://www.youtube.com/watch?v=Zbtc-unamZs&t=15s, see screen capture below).
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Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the compression garment worn install/removal of Chandler with the system of the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) being able to install/remove the sensor portion while the compression garment is being worn gives increased flexibility for managing the sensor portion, as opposed to just install/removal when the compression garment is not being worn.
The modified Longinotti-Buitoni does not specifically teach that the optical detector module includes a seal ring forming a raised portion around the optical sensor to prevent environmental light from being detected by the optical sensor when the optical detector model is placed for use in the item of clothing and the item of clothing is being worn.
Gassoway teaches an optical pulse-rate assembly including an illumination source and an illumination receiver with light reflected through a window (see abstract and Fig. 1A), including the use of an elevated rim 324/420 (i.e., a raised portion) to seal the optical pulse-rate sensor from ambient light noise by substantially sealing the rim against the user’s skin around the sensor (see ¶[0006], ¶[0040]-[0042], and ¶[0046]-[0047]; Figs. 3-4B), the rim 324/420 extending from sensor 56, but may also non-sensory frame structure (see ¶[0040]), the rim being continuous (see ¶[0042]), while recess portion 108 interior of the rim 324/420 prevents a bleaching effect of hindered blood flow in capillaries (see ¶[0028] and Fig. 2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the continuous rim (raised portion) of Gassoway around the optical sensor of the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the continuous rim would seal the optical pulse-rate sensor from ambient light noise (see Gassoway ¶[0006] and ¶[0040]); and/or (3) the resulting recess portion interior of the rim would help to prevent a bleaching effect of hindered blood flow in capillaries (see Gassoway ¶[0028] and Fig. 2). In this case, the claim recites that “at least a portion of the optical sensor is pressed into and forms a ring of indentation in the target surface” when “the compression garment is placed for use on a user” (which is being interpreted as intended use). Therefore, as the modified Longinotti-Buitoni now teaches the claimed structure of the seal ring (i.e., the rim), and could be configured to press into and form a ring of indentation in the target surface, that recitation of the present claim is taught by the modified Longinotti-Buitoni.
The modified Longinotti-Buitoni does not specifically teach that the optical source array and the plurality of optical detectors of the optical sensor are synchronously operable to provide at least one measurement channel for a physiological parameter.
Melker teaches methods of monitoring the direction and/or velocity of blood flow at a body site utilizing PPG signal streams (see abstract and Fig. 4). Melker teaches that signal streams from the PPG sensor arrays are collected, in which the signals may be sampled synchronously (see ¶[0045]-[0046]), in which the emitters may be pulsed in sync with the sampling of the detectors (see ¶[0048]). Here, the signal streams are interpreted to cover the “at least one measurement channel”.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the synchronous sampling and sampling streams of Melker with the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) synchronous sampling would improve the signal to noise ratio of the physiological measurements.
Regarding Claim 40, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the monitor of claim 39 as stated above. The modified Longinotti-Buitoni is silent regarding a window filter covering the optical sensor of the optical detector module where the optical sensor couples to the tissue.
De Taboada further teaches that one or more of filters, gratings, lenses, and the like may be positioned thereon or proximate the optical emitters so that a desired wavelength range is achieved (see ¶[0048], ¶[0082]-[0083]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the filters, gratings, and/or lenses of De Taboada thereon or proximate the emitters of the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable result and/or (2) the filters, gratings, and/or lenses would ensure that the appropriate wavelength range is achieved.
Regarding Claim 41, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the monitor of claim 39 as stated above. Longinotti-Buitoni further teaches the control module is coupled to the optical detector module through one or more wires in the item of clothing (¶[0171]-[0172] wires may be utilized between the different components of the compressive garment).
Regarding Claim 42, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the monitor of claim 39 as stated above. Longinotti-Buitoni further teaches the control module and the optical detector module include wireless communication circuitry for communications therebetween (see ¶[0167]-[0168], ¶[0239], ¶[0242], and ¶[0282] wireless communication may be utilized between the different components of the compressive garment).
Regarding Claim 43, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the monitor of claim 39 as stated above. Longinotti-Buitoni further teaches the control module is configured to measure a heart rate of a wearer of the item of clothing based on the output signals from the optical detectors of the optical detector module (¶[0032] and ¶[0282] the detector array for detecting the different signals, such as from the optical sensors, such as the heart rate and/or pulse measurements and oxygen saturation).
Regarding Claim 44, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the monitor of claim 39 as stated above. Longinotti-Buitoni further teaches the control module is configured to measure a blood oxygenation of a wearer of the item of clothing based on the output signals from the plurality of optical detectors of the optical detector module (¶[0032] and ¶[0282] the detector array for detecting the different signals, such as from the optical sensors, such as the heart rate and/or pulse measurements and oxygen saturation).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker as applied to claim 20 above, and in view of Ray et al. (US Patent Application Publication 2020/0352487 – cited in prior action), hereinafter Ray.
Regarding Claim 26, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. The modified Longinotti-Buitoni is silent regarding the optical sensor is a distributed optical sensor for which the optical source array is disposed on a first strip and the plurality of optical detectors are disposed on a second strip.
Ray teaches a system/device for transabdominal fetal oximetry and/or pulse oximetry involving the use of light sources and detectors (see abstract and Fig. 1A). Ray further teaches that a first arm 130 may comprise the light source 105 (the first strip) and a second arm 135 may comprise the detector 115 (the second strip) (see ¶[0093]-[0111]; Figs. 1A-1J), in which the light source 105 may comprise a plurality of light emitting elements, such as LEDs (see ¶[0096]), and that the detector may comprise multiple detectors (see ¶[0146]-[0155]; Figs. 4A-4F).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the two arm arrangement of the emitters and detectors of Ray with the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable result and/or (2) the movement of the two arms may allow them to be placed and retained in an optimal position so as to obtain strong signal strength (see Ray ¶[0104]).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni in view of De Taboada, Gassoway, and Melker as applied to claim 20 above, and in view of Freeman et al. (US Patent Application Publication 2019/0298987 – cited in prior action), hereinafter Freeman.
Regarding Claim 32, Longinotti-Buitoni in view of De Taboada, Chandler, Gassoway, and Melker teaches the system of claim 20 as stated above. Longinotti-Buitoni further teaches that wires may be utilized between the different components of the compressive garment (see ¶[0171]-[0172]).
The modified Longinotti-Buitoni is silent regarding that the wires comprise stranded conductors.
Freeman teaches a wearable cardiac monitoring and treatment device comprising a garment (see abstract), including the usage of stranded wires, which would have stranded conductors (see ¶[0205]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the stranded wires of Freeman as the wires of the modified Longinotti-Buitoni because (1) it is the application of a known technique to a known device ready for improvement to yield predictable result; and/or (2) stranded wire is beneficial to use in garments as it is more flexible than non-stranded wire; and/or (3) Longinotti-Buitoni teaches the use of wires in the system but not what type of wire, and Freeman teaches one such suitable wire.
Response to Arguments
Applicant’s arguments, drawing objection
Applicant’s arguments, see pg. 7, filed April 03, 2026, with respect to the objections of the drawings have been fully considered and are persuasive. Therefore, the objections have been withdrawn.
Applicant’s arguments, 35 U.S.C. § 112(b)
Applicant’s arguments, see pg. 7, filed April 03, 2026, with respect to the rejections of claim 24 under 35 U.S.C. § 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, 35 U.S.C. § 103
Applicant’s arguments, see pg. 7-9, filed April 03, 2026, with respect to the rejections of claims 20-26, 29-30, and 32-42 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Chandler (“How Athos Clothing Works”, HowStuffWorks.com, 13 May 2015, accessed at https://electronics.howstuffworks.com/gadgets/fitness/athos-clothing.htm, accessed on 01 June 2026), as evidenced by Athos YouTube video (“Translate your Movements into Meaning with Athos”, YouTube, uploaded on 25 November 2013, accessed on https://www.youtube.com/watch?v=Zbtc-unamZs, accessed on 01 June 2026).
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.
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/J.D.M./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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