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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/09/2024 has been entered.
Response to Amendment
The amendment, filed 07/09/2024 has been entered. The examiner notes claims 1, 3, and 5-15 are pending, with claims 2 and 4 being canceled.
Response to Arguments
Applicant’s arguments, see Remarks page 1, filed 07/09/2024, with respect to the objection to claims 1 and 11 have been fully considered and are persuasive. The objection to claims 1 and 11 has been withdrawn in view of the amendment.
Applicant’s arguments, see Remarks page 1-3, filed 07/09/2024, with respect to the rejection(s) of claim(s) 1, 3, 5-15 under 35 USC 103 have been fully considered and are persuasive in view of the amendment. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Karschnik (US 20220273115 A1).
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.
Claims 1, 3, and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Menkes (US 20160058379 A1) in view of Karschnik (US 20220273115 A1).
Regarding claim 1, Menkes teaches a biofeedback system for monitoring a limb of an animal [abstract] comprising:
a non-rigid wrap [0007, “band”] configured to encircle the limb when the non-rigid wrap is attached to the limb [0007, “at least one leg…”];
a non-rigid foam lining disposed within an interior of the non-rigid wrap [0068, “a collar may include a band that may comprise a layer of an elastic material, for example polyurethane. The elastic material may include any kind of plastic or other flexible material, although in a preferred embodiment, elastic material may comprise polyurethane”. Examiner notes polyurethane foam is a common type of foam.]; and
a plurality of sensors [0036, “at least two sensor elements”] disposed within an interior of the form lining [0039, “sensor elements may be embedded in the band”], and with a corresponding specific location of interest on the limb when the non-rigid wrap is attached to the limb [0040, “Keeping the band/collar at the desired place may be critical both for the accuracy of the acoustic sensor and for the accuracy of the acceleration/position sensor that may be on the band/collar”]; and
a control module separate from the foam lining [0007, “processor”] and configured to be disposed within the interior of the non-rigid wrap [0049, “in or on or at the band/collar”] and coupled to the plurality of sensors [0007], wherein the control module reads from each of the plurality of sensors first biometric values recorded during exercise of the animal [0007].
Menkes fails to teach the foam lining is perforated, the perforated foam lining includes a wired sensor network, the control module is coupled to the sensors by the plurality of wires, and the perforated foam lining supports the plurality of sensors such that each of the plurality of sensors aligns with a perforation in the perforated foam lining.
Karschnik teaches the foam lining is perforated [0078 “openings”];
the perforated foam lining [Figure 4 Item 110] includes a wired sensor network [0023, Figure 4];
the perforated foam lining supports the plurality of sensors such that each of the plurality of sensors aligns with a perforation in the perforated foam lining [0063, Figure 4]; and
the control module [0130, “bed-side controller”] is coupled to the sensors by the plurality of wires [0130].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Menkes and incorporate the teachings of Karschnik to include the foam lining is perforated, the perforated foam lining includes a wired sensor network, the control module is coupled to the sensors by the plurality of wires, and the perforated foam lining supports the plurality of sensors such that each of the plurality of sensors aligns with a perforation in the perforated foam lining. Doing so provides a secure boundary for the sensors and wires to be installed, preventing the sensors and wires from shifting to an undesired location.
Regarding claim 3, Menkes and Karschnik teach the biofeedback system as set forth in Claim 2, wherein the plurality of sensors comprises a non-rigid wired network of sensors [Menkes Figure 2A Items 22].
Regarding claim 8, Menkes and Karschnik teach the biofeedback system as set forth in Claim 1, wherein the biofeedback system further comprises a wearable user device [Menkes 0039, “hand-held device”] configured to communicate wirelessly with the control module [Menkes 0103, “wireless transmitter unit”], wherein the wearable user device receives from the control module the first biometric values recorded during exercise of the animal [Menkes 0103].
Regarding claim 9, Menkes and Karschnik teach the biofeedback system as set forth in Claim 8, wherein the wearable user device is configured to display processed data values associated with the first biometric values recorded during exercise of the animal [Menkes 0039, “remote terminal…, home computer, a hand-held device, or a main server”].
Regarding claim 10, Menkes and Karschnik teach the biofeedback system as set forth in Claim 9, wherein the wearable user device is further configured to receive first biometric values received from a second non-rigid wrap attached to a second limb of the animal [Menkes abstract, “band on leg(s)”].
Regarding claim 11, Menkes teaches a method of monitoring the limbs of an animal [abstract] comprising:
attaching a first non-rigid wrap to a first limb [0007, “band”], wherein the first non-rigid wrap comprises:
a first non-rigid foam lining disposed within an interior of the first non-rigid wrap [0068, “a collar may include a band that may comprise a layer of an elastic material, for example polyurethane. The elastic material may include any kind of plastic or other flexible material, although in a preferred embodiment, elastic material may comprise polyurethane”. Examiner notes polyurethane foam is a common type of foam],
a first plurality of wires disposed within an interior of the first perforated foam lining; and
a first plurality of sensors [0036, “at least two sensor elements”] disposed within the interior of the first foam lining, wherein the first perforated foam lining supports the first plurality of sensors [0039, “sensor elements may be embedded in the band”] and the first plurality of wires such that each of the first plurality of sensors aligns with a perforation in the first perforated foam lining and with a corresponding specific location of interest on the limb when the first non-rigid wrap is attached to the limb [0040, “Keeping the band/collar at the desired place may be critical both for the accuracy of the acoustic sensor and for the accuracy of the acceleration/position sensor that may be on the band/collar”] and each of the first plurality of sensors is coupled to one of the first plurality of wires; and
attaching a second non-rigid wrap to a second limb [abstract, “band on leg(s)”], wherein the second non-rigid wrap comprises:
a second non-rigid foam lining disposed within an interior of the second non-rigid wrap [0068, “a collar may include a band that may comprise a layer of an elastic material, for example polyurethane. The elastic material may include any kind of plastic or other flexible material, although in a preferred embodiment, elastic material may comprise polyurethane”. Examiner notes polyurethane foam is a common type of foam],
a second plurality of sensors [0036, “at least two sensor elements”] disposed within the interior of the second foam lining [0039, “sensor elements may be embedded in the band”], wherein the second perforated foam lining supports the second plurality of sensors and the second plurality of wires such that each of the second plurality of sensors aligns with a perforation in the second perforated foam lining and with a corresponding specific location of interest on the limb when the second non-rigid wrap is attached to the limb [0040, “Keeping the band/collar at the desired place may be critical both for the accuracy of the acoustic sensor and for the accuracy of the acceleration/position sensor that may be on the band/collar”]; and
recording temperature values in the first and second non-rigid wraps during exercise of the animal [0062]; and
transferring the recorded temperature values from the first and second non-rigid wraps to a wearable user device [0039, “a hand-held device”].
Menkes fails to teach the foam lining is perforated, the foam lining includes a wired sensor network, the wires are disposed within an interior of the perforated foam lining, and the perforated foam lining supports the plurality of sensors and wires such that each of the plurality of sensors aligns with a perforation in the perforated foam lining and each of the plurality of sensors is coupled to one of the plurality of wires.
Karschnik teaches the foam lining is perforated [0078 “openings”];
the foam lining includes a wired sensor network [0023], the wires are disposed within an interior of the perforated foam lining [0023]; and
the perforated foam lining [Figure 4 Item 110] supports the plurality of sensors and wires such that each of the plurality of sensors aligns with a perforation in the perforated foam lining [0063, Figure 4]; and
each of the plurality of sensors is coupled to one of the plurality of wires [0023].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Menkes and incorporate the teachings of Karschnik to include the foam lining is perforated, the foam lining includes a wired sensor network, the wires are disposed within an interior of the perforated foam lining, and the perforated foam lining supports the plurality of sensors and wires such that each of the plurality of sensors aligns with a perforation in the perforated foam lining and each of the plurality of sensors is coupled to one of the plurality of wires. Doing so provides a secure boundary for the sensors and wires to be installed, preventing the sensors and wires from shifting to an undesired location.
Regarding claim 12, Menkes and Karschnik teach the method as set forth in Claim 11, further comprising: displaying in the wearable user device [Menkes 0039] processed data values associated with the recorded temperature values recorded during exercise of the animal [Menkes 0007].
Regarding claim 13, Menkes and Karschnik teach the method as set forth in Claim 11, further comprising:
in the wearable user device, comparing a first temperature value associated with a first specific location on the first limb with a first temperature threshold value to determine a physiological condition of the animal [Menkes 0007, “comparing a cumulative score of all scored bioparameters to a threshold cumulative score or to a threshold cumulative range”].
Regarding claim 14, Menkes and Karschnik teach the method as set forth in Claim 13, further comprising: in the wearable user device, comparing a second temperature value associated with a second specific location [Menkes 0069] on the second limb with the first temperature threshold value to determine a physiological condition of the animal [Menkes 0007], wherein
the second specific location on the second limb corresponds to the first specific location on the first limb [Menkes 0040, “Keeping the band/collar at the desired place may be critical both for the accuracy of the acoustic sensor and for the accuracy of the acceleration/position sensor that may be on the band/collar”].
Regarding claim 15, Menkes and Karschnik teach the method as set forth in Claim 14, further comprising:
in the wearable user device, determining a difference between the first temperature value and the second temperature value and comparing the difference [Menkes 0007, “comparing a cumulative score to a threshold cumulative score”] to a second temperature threshold value to determine a physiological condition of the animal [0007].
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Menkes and Karschnik as applied to claim 1 above, and further in view of Spector (US 20200113728 A1).
Regarding claim 5, Menkes and Karschnik teach the biofeedback system as set forth in Claim 1, but fails to teach the biofeedback system further comprises a perforated fabric layer disposed between the limb and the perforated foam lining.
Spector teaches the biofeedback system further comprises a perforated fabric layer disposed between the limb and the perforated foam lining [0031, “an inner surface made of a breathable fabric, which can be, or have aspects of, mesh, netting, and/or perforations formed at least partially or entirely therethrough”]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Menkes and Karschnik and incorporate the teachings of Spector to include the biofeedback system further comprises a perforated fabric layer disposed between the limb and the perforated foam lining. Doing so would configure the apparatus to be comfortably worn whilst also minimizing interference of the sensor components allowing accurate data recording.
Regarding claim 6, Menkes and Karschnik teach the biofeedback system as set forth in Claim 1, but fails to teach the biofeedback system further comprises at least one closure associated with the non-rigid wrap that securely attaches the non-rigid wrap to the limb when the non-rigid wrap encircles the limb.
Spector teaches the biofeedback system further comprises at least one closure associated with the non-rigid wrap that securely attaches the non-rigid wrap to the limb when the non-rigid wrap encircles the limb [0032, “hook-and-loop fastener”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Menkes and Karschnik and incorporate the teachings of Spector to include the biofeedback system further comprises at least one closure associated with the non-rigid wrap that securely attaches the non-rigid wrap to the limb when the non-rigid wrap encircles the limb. Doing so provides the system with an easily accessible method to fasten and remove the apparatus from the animal.
Regarding claim 7, Menkes, Karschnik, and Spector teach the biofeedback system as set forth in claim 7, wherein the at least one closure comprises a hook and loop closure [Menkes 0032].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANEY whose telephone number is (571)272-0985. The examiner can normally be reached Monday through Friday, 0730-1630 ET.
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, Alexander Valvis can be reached on (571)272-4233. 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.
/JONATHAN M HANEY/Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791