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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 4, 7, 10, 13, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor (US 2015/0366504).
Regarding Claim 1, while Connor teaches a device for use in performing functional electrical stimulation (FES), in performing neuromuscular electrical stimulation (NMES), in providing somatostimulation, and/or in receiving electromyography (EMG) signals (Abstract, “This invention is an article of clothing with electromyographic (EMG) sensors which measures body motion and/or muscle activity. This clothing can be a short-sleeve shirt or a pair of shorts, wherein the electromyographic (EMG) sensors are on the cuffs.” A device for use in receiving electromyography signals), the device comprising:
a sleeve sized and shaped to be worn on a human arm and comprising an inner sleeve wherein the inner sleeve has openings formed therein and has an exposed side positioned to contact skin of the human arm when the sleeve is worn on the human arm and an opposite backside (Abstract, [0066] the teachings of the invention can be applied to sleeves of a shirt, Fig. 80-81, [0558], [0560]-[0561], [0167] a sleeve of a shirt sized and shaped to be worn on a human arm is considered a first portion, a compressive band sized and shaped to be worn over the sleeve to interface with the sleeve for electromagnetic communication of electromyographic data is considered the second portion. The sleeve is thus an inner sleeve relative to the compressive band, where inner sleeve has an exposed side positioned to contact skin of the human arm when the sleeve is worn on the human arm and an opposite backside, [0183] where the article of clothing, i.e. inner sleeve, has opening formed therein), where a first embodiment teaches the openings of the inner sleeve are arranged in a rectilinear pattern having a spacing of the openings in a first direction of the rectilinear pattern and a spacing of the openings in a second direction of the rectilinear pattern transverse to the first direction ([0103]-[0108], [0183], [0500]-[0509], [0558]-[0561] inner sleeves openings can be applied as an array to enable optimal data collection. Examiner will here refer to Figs. 66-68 and [0500]-[0509] for greater detail in how the array is structured in Figs. 80-81, [0103]-[0108], [0506] where the arrays can be rectilinear -- rectangles are created by the spacing between the electrode openings, [0505] example shown of an array applied to article of clothing, where the modified article of clothing can also be shirts, the array reflecting a rectilinear pattern in Figs 66-68 with a spacing of openings in a first direction of the pattern and a spacing of openings in a second direction of the pattern transverse to the first direction);
electrode strips on which a row of electrodes is mounted (Figs. 66-68, [0500]-[0509] where EMG sensors as part of a stretchable band interface with openings of a first article of clothing, e.g. an inner sleeve, and are shown as electrode strips with two EMG sensors as part of a single row, [0508] with more configurations imagined as each EMG sensor may be tripolar and multiple EMG sensors included as part of the stretchable band, [0097] EMG sensors comprising electrodes), the electrode strips being mounted on the inner sleeve ([0500]-[0509] the EMG sensors passing through the openings are mounted on the inner sleeve), the electrodes passing through the openings of the inner sleeve so as to secure the electrode strips to the inner sleeve by the electrodes passing through the openings of the inner sleeve and to position the electrodes to contact skin of the human arm when the sleeve is worn on the human arm ([0500]-[0509]);
each electrode strip comprising a linear circuit board ([0562] the system of Fig. 80 comprises circuit board components, [0438] where the EMG sensor itself may comprise the circuit board components, [0107] where the electrodes of a EMG sensor are placed on a substrate, thus when the EMG sensor is structured as a row, the structure overall can be of a linear circuit board), with the linear circuit board disposed on the backside of the inner sleeve between the inner sleeve and the outer sleeve ([0500]-[0509] the EMG sensors and paired circuitry are disposed on the backside of the inner sleeve and the EMG sensors and paired circuitry on a stretchable band. In Figs. 80-81, this would correspond to the EMG sensors being disposed on the backside of the inner sleeve and be between the inner sleeve and the outer sleeve / compression band);
where a second embodiment teaches the openings of the inner sleeve are arranged in a rectilinear pattern having a single spacing of the openings of dH in the first direction of the rectilinear pattern and a single spacing of the openings of dV in the second direction of the rectilinear pattern transverse to the first direction ([0452]-[0453] where arrays with square or rectangular spacings between connectors for EMG sensors can have even spacings between the connectors, indicating a consistent spacing dH in a first direction of the rectilinear array and a consistent spacing dV in a second direction of the rectilinear array transverse to the first direction),
wherein the electrode strips include:
first electrode strips in which the electrodes of the row of electrodes are spaced apart by the distance dH- and are configured to be mounted to the inner sleeve in the first direction ([0506] where the array of openings for placement of the EMG sensors can be in a horizontal ring or columns parallel to the longitudinal axis of the body member, [0452]-[0453] with even spacing, so the stretchable band acting as an electrode strip has electrodes spaced apart by the distance dH- and are configured to be mounted to the inner sleeve in the first horizontal direction),
second electrode strips in which the electrodes of the row of electrodes are spaced apart by the distance dV and are configured to be mounted to the inner sleeve in the second direction ([0506] where the array of openings for placement of the EMG sensors can be in a horizontal ring or columns parallel to the longitudinal axis of the body member, [0452]-[0453] with even spacing, so the stretchable band acting as an electrode strip has electrodes spaced apart by the distance dV- and are configured to be mounted to the inner sleeve in the second vertical direction), and
diagonal electrode strips in which the electrodes of the row of electrodes are spaced apart by the distance
(
d
H
)
2
+
d
V
2
and are configured to be mounted to the inner sleeve in a diagonal direction ([0451] where the second embodiment further teaches that the EMG sensors can be applied to connectors at an acute angle relative to the longitudinal axis, indicating a diagonal placement within the previously described rectilinear pattern arrays, [0452]-[0453] with even spacing, so the stretchable band acting as an electrode strip has electrodes spaced apart by the distance
(
d
H
)
2
+
d
V
2
in view of the Pythagorean Theorem and are configured to be mounted to the inner sleeve in a diagonal direction),
and a third embodiment further teaches a portion of one of the second electrode strips may overlaps a portion of one of the first electrode strips (Figs. 69-71, [0511] creation of a custom array of EMG sensors comprises multiple electromagnetic energy connectors contacting over the same hole to create a connection between adjacent electromagnetic energy connectors),
Connor fails to specifically teach the first embodiment has openings with singular spacings dV and singular spacings dH; and
wherein, when the first electrode strips, the second electrode strips, and the diagonal electrode strips are mounted to the inner sleeve, at least one of:
a portion of one of the first electrode strips overlaps a portion of one of the diaqonal electrode strips; and
a portion of one of the second electrode strips overlaps a portion of one of the first electrode strips.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have even spacing for the EMG sensors as taught in the second embodiment of Connor for the EMG sensors connecting to a subject through a hole as taught by the first embodiment of Connor as a way to standardize the construction of the EMG monitoring system, ensuring consistency across trials of the invention. Also, it would be obvious that should the system of Connor include all three types of diagonal strips in a single monitoring period, an overlapping could occur as one of the ways to connect the separate types of electrode strips for delivering the data to a desired control unit ([0511]). Further, Connor notes that teachings from across the disclosure may be applied to specific Figures and examples ([0065]).
Regarding Claim 4, Connor teaches the device of claim 1 and Connor teaches wherein the openings of the inner sleeve are arranged in a periodic pattern and the electrode strips are configured to be mounted to the inner sleeve in different orientations by selectively inserting the electrodes through selected openings of the inner sleeve (See Claim 1 Rejection).
Regarding Claim 7, Connor teaches the device of claim 1 wherein:
the openings of the inner sleeve are arranged in the rectilinear pattern having a spacing of the openings of d in both the first direction of the rectilinear pattern and the second direction of the rectilinear pattern transverse to the first direction (See Claim 1 Rejection, square array spacing with even spacing between openings), and the electrodes of the row of electrodes of the first electrode strips and the second electrode strips are spaced apart by the distance d, the electrodes of the row of electrodes of the diagonal electrode strips are spaced apart by the distance
2
x
d
(See Claim 1 Rejection, corresponding EMG sensors interfacing with the openings, when the array is defined by square spacing between the connectors, would also require electrode strips to space the electrodes with a distance d to pass through said openings as shown in Figs. 66-68. Further, the array would also require electrode strips to space the electrodes with a distance
2
x
d
for placement in a diagonal direction of same array based on the Pythagorean Theorem and the desired for angled EMG sensors relative to the longitudinal axis of the limb).
Regarding Claim 10, while Connor teaches a method of assembling a device comprising a sleeve having an inner sleeve with openings arranged in a periodic pattern wherein the inner sleeve has an exposed side positioned to contact skin of the human arm when the sleeve is worn on the human arm and an opposite backside facing the outer sleeve, the device being for use in performing functional electrical stimulation (FES), in performing neuromuscular electrical stimulation (NMES), in applying somatostimulation, and/or in receiving electromyography (EMG) signals (Abstract, “This invention is an article of clothing with electromyographic (EMG) sensors which measures body motion and/or muscle activity. This clothing can be a short-sleeve shirt or a pair of shorts, wherein the electromyographic (EMG) sensors are on the cuffs.” A device for use in receiving electromyography signals, [0066] the teachings of the invention can be applied to sleeves of a shirt, Fig. 80-81, [0558], [0560]-[0561], [0167] a sleeve of a shirt sized and shaped to be worn on a human arm is considered a first portion, a compressive band sized and shaped to be worn over the sleeve to interface with the sleeve for electromagnetic communication of electromyographic data is considered the second portion. The sleeve is thus an inner sleeve relative to the compressive band, where inner sleeve has an exposed side positioned to contact skin of the human arm when the sleeve is worn on the human arm and an opposite backside, [0183] where the article of clothing, i.e. inner sleeve, has opening formed therein), the method comprising:
Securing at least two electrode strips to the inner sleeve to the periodic pattern with securing enabled in different orientations aligned with different directions of the periodic pattern (Figs. 66-68, [0500]-[0509] where EMG sensors as part of a stretchable band interface with openings of a first article of clothing, e.g. an inner sleeve, and are shown as electrode strips with two EMG sensors as part of a single row, [0508] with more configurations imagined as each EMG sensor may be tripolar and multiple EMG sensors included as part of the stretchable band, indicating that at least two EMG sensors can be secured by the stretchable band, [0506] the openings enable securing EMG sensors in different orientations [0097] EMG sensors comprising electrodes and thus the rows act as electrode strips),
Wherein each electrode strip comprises a linear circuit board on which a single row of electrodes is mounted ([0562] the system of Fig. 80 comprises circuit board components, [0438] where the EMG sensor itself may comprise the circuit board components, [0107] where the electrodes of a EMG sensor are placed on a substrate, thus when the EMG sensor is structured as a row, the structure overall can be of a linear circuit board),
Wherein the at least two electrode strips are secured to the inner sleeve ([0500]-[0509] the EMG sensors passing through the openings are mounted on the inner sleeve), with the linear circuit board disposed on the backside of the inner sleeve between the inner sleeve and the outer sleeve ([0500]-[0509] the EMG sensors and paired circuitry are disposed on the backside of the inner sleeve and the EMG sensors and paired circuitry on a stretchable band. In Figs. 80-81, this would correspond to the EMG sensors being disposed on the backside of the inner sleeve and be between the inner sleeve and the outer sleeve / compression band); and
the electrodes passing through the openings of the inner sleeve so as to be positioned to contact skin of the human arm when the sleeve is worn on the human arm ([0500]-[0509]);
And Connor teaches a second embodiment securing at least two electrode strips to the inner sleeve in different orientations aligned with different directions of the periodic pattern (Fig. 69-71, [0511] creation of a custom array of EMG sensors comprises multiple electromagnetic energy connectors contacting over the same hole and in different orientations aligned with different directions relative to the periodic pattern) and a portion of one of the second electrode strips may overlap a portion of one of the first electrode strips (Figs. 69-71, [0511] creation of a custom array of EMG sensors comprises multiple electromagnetic energy connectors contacting over the same hole to create a connection between adjacent electromagnetic energy connectors),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to secure the at least two electrode strips of Connor to the inner sleeve in different orientations aligned with different directions of the periodic pattern based on the grouping of muscle one wishes to monitor. Further, it would be obvious that an overlapping could occur as one of the ways to connect the separate types of electrode strips for delivering the data to a desired control unit ([0511]). Further, Connor notes that teachings from across the disclosure may be applied to specific Figures and examples ([0065]).
Regarding Claim 13, while Connor teaches the method of claim 10 wherein:
the openings of the inner sleeve are arranged in a rectilinear pattern having a spacing of the openings of dH in a first direction of the rectilinear pattern and a spacing of the openings of dV in a second direction of the rectilinear pattern transverse to the first direction ([0103]-[0108], [0183], [0500]-[0509], [0558]-[0561] inner sleeves openings can be applied as an array to enable optimal data collection. Examiner will here refer to Figs. 66-68 and [0500]-[0509] for greater detail in how the array is structured in Figs. 80-81, [0103]-[0108], [0506] where the arrays can be rectilinear -- rectangles are created by the spacing between the electrode openings, [0505] example shown of an array applied to article of clothing, where the modified article of clothing can also be shirts, the array reflecting a rectilinear pattern in Figs 66-68 with a spacing of openings in a first direction of the pattern and a spacing of openings in a second direction of the pattern transverse to the first direction);
where a second embodiment teaches the openings of the inner sleeve are arranged in a rectilinear pattern having a single spacing of the openings of dH in the first direction of the rectilinear pattern and a single spacing of the openings of dV in the second direction of the rectilinear pattern transverse to the first direction ([0452]-[0453] where arrays with square or rectangular spacings between connectors for EMG sensors can have even spacings between the connectors, indicating a consistent spacing dH in a first direction of the rectilinear array and a consistent spacing dV in a second direction of the rectilinear array transverse to the first direction),
securing first electrode strips of the at least two electrode strips to the inner sleeve in which the electrodes of the row of electrodes of the electrode strips, when secured to the inner sleeve, are spaced apart by the distance dH- and the first electrode strips are secured to the inner sleeve oriented in the first direction ([0506] where the array of openings for placement of the EMG sensors can be in a horizontal ring or columns parallel to the longitudinal axis of the body member, [0452]-[0453] with even spacing, so the stretchable band acting as an electrode strip has electrodes spaced apart by the distance dH- and are configured to be mounted to the inner sleeve in the first horizontal direction),
and the third embodiment teaches securing second electrode strips of the at least two electrode strips to the inner sleeve in which the electrodes of the row of electrodes of the electrode strips, when secured to the inner sleeve, are spaced apart by the distance dV- and the first electrode strips are secured to the inner sleeve oriented in the second direction, wherein the first electrode strips, when secured to the inner sleeve, overlap a portion of the second electrode strips when secured to the sleeve (Figs. 69-71, [0511] creation of a custom array of EMG sensors comprises multiple electromagnetic energy connectors that may connect and be oriented in different directions, the multiple electromagnetic energy connectors contacting over the same hole to create a connection between adjacent electromagnetic energy connectors),
Connor fails to specifically teach the first embodiment has openings with singular spacings dV and singular spacings dH.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have even spacing for the EMG sensors as taught in the second embodiment of Connor for the EMG sensors connecting to a subject through a hole as taught by the first embodiment of Connor as a way to standardize the construction of the EMG monitoring system, ensuring consistency across trials of the invention. Also, it would be obvious that an overlapping of the electrode strips could occur as one of the ways to connect the separate types of electrode strips for delivering the data to a desired control unit ([0511]). Further, Connor notes that teachings from across the disclosure may be applied to specific Figures and examples ([0065]).
Regarding Claim 15, while Connor teaches the method of claim 10 wherein:
the openings of the inner sleeve are arranged in a rectilinear pattern having a spacing of the openings of d in a first direction of the rectilinear pattern and a spacing of the openings of d in a second direction of the rectilinear pattern transverse to the first direction ([0103]-[0108], [0183], [0500]-[0509], [0558]-[0561] inner sleeves openings can be applied as an array to enable optimal data collection. Examiner will here refer to Figs. 66-68 and [0500]-[0509] for greater detail in how the array is structured in Figs. 80-81, [0103]-[0108], [0506] where the arrays can be square -- squares are created by the spacing between the electrode openings, [0505] example shown of an array applied to article of clothing, where the modified article of clothing can also be shirts, the array reflecting a rectilinear pattern in Figs 66-68 with a spacing of openings in a first direction of the pattern and a spacing of openings in a second direction of the pattern transverse to the first direction);
where a second embodiment teaches the openings of the inner sleeve are arranged in a rectilinear pattern having a single spacing of the openings of d in the first direction of the rectilinear pattern and a single spacing of the openings of d in the second direction of the rectilinear pattern transverse to the first direction ([0452]-[0453] where arrays with square or rectangular spacings between connectors for EMG sensors can have even spacings between the connectors, indicating a consistent spacing d in a first direction of the rectilinear array and a consistent spacing d in a second direction of the rectilinear array transverse to the first direction),
securing a first one or more electrode strips of the at least two electrode strips to the inner sleeve in which the electrodes of the row of electrodes of the first one or more electrode strips are spaced apart by the distance d and the first one or more electrode strips are secured to the inner sleeve oriented in the first direction ([0506] where the array of openings for placement of the EMG sensors can be in a horizontal ring or columns parallel to the longitudinal axis of the body member, [0452]-[0453] with even spacing, so the stretchable band acting as an electrode strip has electrodes spaced apart by the distance d- and are configured to be mounted to the inner sleeve in the first horizontal direction),
and the third embodiment teaches securing a second one or more electrode strips of the at least two electrode strips to the inner sleeve in which the electrodes of the row of electrodes of the second one or more electrode strips are spaced apart by the distance d and the second one or more electrode strips are secured to the inner sleeve oriented in the second direction wherein the first electrode strips, when secured to the inner sleeve, overlap a portion of the second electrode strips when secured to the sleeve (Figs. 69-71, [0511] creation of a custom array of EMG sensors comprises multiple electromagnetic energy connectors that may connect and be oriented in different directions, the multiple electromagnetic energy connectors contacting over the same hole to create a connection between adjacent electromagnetic energy connectors, [0452]-[0453], [0506] second electrode strips shown in different directions),
Connor fails to specifically teach the first embodiment has openings with singular spacings d.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have even spacing for the EMG sensors as taught in the second embodiment of Connor for the EMG sensors connecting to a subject through a hole as taught by the first embodiment of Connor as a way to standardize the construction of the EMG monitoring system, ensuring consistency across trials of the invention. Also, it would be obvious that an overlapping of the electrode strips could occur as one of the ways to connect the separate types of electrode strips for delivering the data to a desired control unit ([0511]). Further, Connor notes that teachings from across the disclosure may be applied to specific Figures and examples ([0065]).
Regarding Claim 17, Connor teaches the method of claim 10 wherein the openings of the inner sleeve are arranged in a plurality of rows of openings and the securing of the at least two electrode strips to the inner sleeve includes securing electrode strips to the inner sleeve aligned with and mounted to the rows of openings (See Claim 10 Rejection).
Claim(s) 2 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor in view of Assad et al (US 2017/0259428) (“Assad”).
Regarding Claim 2, while Connor teaches the device of claim 1, wherein the electrodes comprising disk portions and connecting portions of narrower diameter than the disk portions, and the electrodes pass through the openings of the inner sleeve with the disk portions disposed on the exposed side of the inner sleeve and the connecting portions disposed in the openings of the inner sleeve.
However Assad teaches an EMG sensor array system with electrodes passing through a cloth (Fig. 1, Abstract) comprising electrodes passing through openings of a sleeve with disk portions disposed on the exposed side of the sleeve and connecting portions disposed in the openings of the inner sleeve (Fig. 4, [0043] conductive cloth electrodes 455 / electrodes pass through openings in elastic layer 410 / sleeve with larger diameter portion on the exposed side of the sleeve contacting skin by way of a rubber or foam insert 415 and connecting portion of narrower diameter disposed in openings of elastic layer 410 / sleeve, with a electro-conductive coupling element 405 on the backside of the sleeve).
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 electrode structure and relationship with a circuit board as taught by Assad for the electrodes of Connor as a way to explain missing details of the electrode structure itself, thereby enabling consistency across trials of the invention.
Regarding Claim 11, while Connor teaches the method of claim 10, Connor fails to teach wherein the electrodes comprising disk portions and connecting portions of narrower diameter than the disk portions, and
one of:
(i) the securing of the electrode strips to the inner sleeve comprises passing the disk portions of the electrodes through the openings of the inner sleeve so that the connecting portions are disposed in the openings of the inner sleeve, or
(ii) the connecting portions are detachably connected with the circuit boards and the securing of the electrode strips to the inner sleeve comprises passing the electrode structure through the openings of the inner sleeve and then attaching the connecting portions to the linear circuit board.
However Assad teaches an EMG sensor array system with electrodes passing through a cloth (Fig. 1, Abstract) comprising electrodes passing through openings of a sleeve with disk portions disposed on the exposed side of the sleeve and connecting portions disposed in the openings of the inner sleeve (Fig. 4, [0043] conductive cloth electrodes 455 / electrodes pass through openings in elastic layer 410 / sleeve with larger diameter portion on the exposed side of the sleeve contacting skin by way of a rubber or foam insert 415 and connecting portion of narrower diameter disposed in openings of elastic layer 410 / sleeve, with a electro-conductive coupling element 405 on the backside of the sleeve).
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 electrode structure and relationship with a circuit board as taught by Assad for the electrodes of Connor as a way to explain missing details of the electrode structure itself, thereby enabling consistency across trials of the invention.
Regarding Claim 18, while Connor teaches a device for use in performing functional electrical stimulation (FES), in performing neuromuscular electrical stimulation (NMES), in providing somatostimulation, and/or in receiving electromyography (EMG) signals (Abstract, “This invention is an article of clothing with electromyographic (EMG) sensors which measures body motion and/or muscle activity. This clothing can be a short-sleeve shirt or a pair of shorts, wherein the electromyographic (EMG) sensors are on the cuffs.” A device for use in receiving electromyography signals), the device comprising:
a sleeve sized and shaped to be worn on a human arm and comprising an inner sleeve and an outer sleeve wherein the inner sleeve has openings formed therein and has an exposed side positioned to contact skin of the human arm when the sleeve is worn on the human arm and an opposite backside (Abstract, [0066] the teachings of the invention can be applied to sleeves of a shirt, Fig. 80-81, [0558], [0560]-[0561], [0167] a sleeve of a shirt sized and shaped to be worn on a human arm is considered a first portion, a compressive band sized and shaped to be worn over the sleeve to interface with the sleeve for electromagnetic communication of electromyographic data is considered the second portion. The sleeve is thus an inner sleeve relative to the compressive band which is the outer sleeve, where inner sleeve has an exposed side positioned to contact skin of the human arm when the sleeve is worn on the human arm and an opposite backside, [0183] where the article of clothing, i.e. inner sleeve, has opening formed therein),
at least two electrode strips on which a single row of electrodes is mounted (Figs. 66-68, [0500]-[0509] where EMG sensors as part of a stretchable band interface with openings of a first article of clothing, e.g. an inner sleeve, and are shown as electrode strips with two EMG sensors as part of a single row, [0508] with more configurations imagined as each EMG sensor may be tripolar and multiple EMG sensors included as part of the stretchable band, [0097] EMG sensors comprising electrodes), each electrode strip comprising a linear circuit board ([0562] the system of Fig. 80 comprises circuit board components, [0438] where the EMG sensor itself may comprise the circuit board components, [0107] where the electrodes of a EMG sensor are placed on a substrate, thus when the EMG sensor is structured as a row, the structure overall can be of a linear circuit board),
Wherein the at least two electrode strips are mountable on the inner sleeve ([0500]-[0509] the EMG sensors passing through the openings are mountable on the inner sleeve) with the linear circuit board disposed on the backside of the inner sleeve between the inner sleeve and the outer sleeve ([0500]-[0509] the EMG sensors and paired circuitry are disposed on the backside of the inner sleeve and the EMG sensors and paired circuitry on a stretchable band. In Figs. 80-81, this would correspond to the EMG sensors being disposed on the backside of the inner sleeve and be between the inner sleeve and the outer sleeve / compression band);
the electrodes passing through the openings of the inner sleeve so as to secure the electrode strips to the inner sleeve by the electrodes passing through the openings of the inner sleeve and to position the electrodes to contact skin of the human arm when the sleeve is worn on the human arm ([0500]-[0509]);
wherein a first of the at least two electrode strips, when secured to the inner sleeve, extends laterally across the inner sleeve (Figs. 66-68),
and a second embodiment teach a second one of the at least two electrode strips, when secured to the inner sleeve, at least partially diagonally extends relative to the first electrode strips ([0451] where the second embodiment further teaches that the EMG sensors can be applied to connectors at an acute angle relative to the longitudinal axis, indicating a diagonal placement within the previously described rectilinear pattern arrays, [0452]-[0453] with even spacing, so the stretchable band acting as an electrode strip has electrodes spaced apart by the distance
(
d
H
)
2
+
d
V
2
in view of the Pythagorean Theorem and are configured to be mounted to the inner sleeve in a diagonal direction),
and a third embodiment further teaches a portion of one of the second electrode strips may overlaps a portion of one of the first electrode strips (Figs. 69-71, [0511] creation of a custom array of EMG sensors comprises multiple electromagnetic energy connectors contacting over the same hole to create a connection between adjacent electromagnetic energy connectors),
Connor fails to specifically teach the first embodiment has openings with singular spacings dV and singular spacings dH; and
and a second one of the at least two electrodes strips, when secured to the inner sleeve, at least partially overlaps the first one of the at least two electrode strips.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have even spacing for the EMG sensors as taught in the second embodiment of Connor for the EMG sensors connecting to a subject through a hole as taught by the first embodiment of Connor as a way to standardize the construction of the EMG monitoring system, ensuring consistency across trials of the invention. Also, it would be obvious that should the system of Connor include all three types of diagonal strips in a single monitoring period, an overlapping could occur as one of the ways to connect the separate types of electrode strips for delivering the data to a desired control unit ([0511]). Further, Connor notes that teachings from across the disclosure may be applied to specific Figures and examples ([0065]).
Yet Connor fails to teach the electrodes comprise disk portions and connecting portions of narrower diameter than the disk portions, the connecting portions of the electrodes passing through the openings of the inner sleeve so as to secure the electrode strips to the inner sleeve.
However Assad teaches an EMG sensor array system with electrodes passing through a cloth (Fig. 1, Abstract) comprising electrodes passing through openings of a sleeve with disk portions disposed on the exposed side of the sleeve and connecting portions disposed in the openings of the inner sleeve (Fig. 4, [0043] conductive cloth electrodes 455 / electrodes pass through openings in elastic layer 410 / sleeve with larger diameter portion on the exposed side of the sleeve contacting skin by way of a rubber or foam insert 415 and connecting portion of narrower diameter disposed in openings of elastic layer 410 / sleeve, with a electro-conductive coupling element 405 on the backside of the sleeve).
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 electrode structure and relationship with a circuit board as taught by Assad for the electrodes of Connor as a way to explain missing details of the electrode structure itself, thereby enabling consistency across trials of the invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor in view of Rojas Martinez et al (US 2018/0206782) (“Rojas Martinez”).
Regarding Claim 3, while Connor teaches the device of claim 1, Connor fails to teach the electrodes comprising disk portions and connecting portions of narrower diameter than the disk portions, wherein the connecting portions are detachably connected with the circuit boards.
However Rojas Martinez teaches a device for receiving electromyography signals (Abstract, [0010], [0041]), the device comprising a sleeve for supporting electrodes (Fig. 1, [0041]) where the electrodes comprising disk portions and connecting portions of narrower diameter than the disk portions (Figs. 1 and 4, [0041] electrodes 11 are shown as a disk shape and shown to have a narrower electro-conductive coupling to connect to circuit array, the coupling having a narrower diameter than the disk portion. Electro-conductive coupling, such as a button, would require coupling elements on both support layers to enable the coupling), wherein the connecting portions are detachably connected with the circuit boards (Fig. 1, [0041] the second support layer C2 may be detachably coupled by electroconductive couplings 39 to first support layer C1/inner sleeve containing the electrodes 11. This indicates that the circuit board found on second support layer C2 will be detachably coupled to the electrodes by way of the detachable coupling of the electroconductive couplings).
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 electrode structure and relationship with a circuit board as taught by Rojas Martinez for the electrodes of Connor as a way to explain missing details of the electrode structure itself, thereby enabling consistency across trials of the invention.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor in view of Assad and further in view of Begriche et al (US 2018/0249767) (“Begriche”).
Regarding Claim 21, while Connor and Assad teach the device of claim 18, and Connor further teaches wherein the connecting portions of the electrodes detachably connect by any of a plurality of types of connections ([0073], [0081]), their combined efforts fail to teach wherein the inner sleeve further includes elastic loops, the electrode strips being further secured to the inner sleeve by the elastic loops of the inner sleeve.
However Begriche teaches a biosensing garment (Abstract) where the sleeve includes elastic loops, where a data transfer pathway is secured to a wearable article by the elastic loops of the sleeve (Fig. 14, [0118] a weave pattern of elastic members is created to secure a conductive band onto an article of clothing, the weave comprising loops for conductive filaments 1302 to pass through. This teaching may also be applied generally to conductive traces acting as data transfer pathways).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that were one to apply the teachings of securing a data transfer pathway of Begriche by elastic loops to the system of Connor that one would apply the loops to the backside of the inner sleeve to secure the linear circuit board, i.e. the data transfer pathway. And while Connor already teaches the electrodes being affixed by the outer compression band, secondary securing steps are recognized as desirable ([0083] “In other embodiments, each electrode 130 is an array that includes a plurality of electrodes that are mechanically secured to the biosensing garment (e.g., by virtue of a snap-cap, press-fit, or other type of connection through a fabric of the biosensing garment, optionally also including a lamination or adhesive layer and/or stitching, as discussed in greater detail below).”). This application of elastic loops to affix the electrode strips would increase confidence that no shifting of electrode placement has occurring during the application of the compression outer sleeve of Connor onto the electrode-mounting sleeve.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor in view of Assad and further in view of Soong et al (US 2009/0287284) (“Soong”).
Regarding Claim 22, while Connor and Assad teach the device of claim 18, and Connor further teaches wherein detachable connection of the electrodes can be by any of a plurality of types of connections ([0073], [0081]), their combined efforts fail to teach wherein the connecting portions of the electrodes detachably connect with the linear circuit board by threaded connections.
However Soong teaches an electrode-based stimulating device (Abstract) comprising connection of electrodes to secondary portions of the system by a threaded connection ([0016]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the connection of the electrodes in Assad be a threaded detachable connection as taught by Soong as a way to assist in the modularity of the number of included EMG sensors within a stretchable band of Connor ([0508]).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor in view of Bartholomew and further in view of Fahey (US 2019/0269903).
Regarding Claim 23, while Connor teaches the method of claim 13, Connor fails to teach the method further comprising: performing functional electrical stimulation (FES) or neuromuscular electrical stimulation (NMES) using only the first electrode strips; and performing electromyography (EMG) readout using only the second electrode strips.
However Bartholomew teaches a neural sleeve for stimulating a limb (Abstract, [0007]) wherein the sleeve may be used for sensing as well ([0002], [0041] where the EMG sensing and neuromuscular stimulation may be used together as part of open or closed loop stimulation).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize Connor’s modular array system for both EMG sensing and neuromuscular stimulation as taught by Bartholomew as the combination increases utility of the sleeve (Bartholomew: [0007] stimulating sleeve can be used to restore muscular movement in a patient) where the EMG sensing already provided by Connor also improved function of neuromuscular stimulation (Bartholomew: [0041] “Sensed EMG data may also be analyzed in deciding whether to reposition the neuromuscular stimulation cuff 110 within the neuromuscular region 120 or to turn off individual electrodes 114 within the electrogel disc array 118.”).
Yet their combined efforts fail to explicitly recite
performing functional electrical stimulation (FES) or neuromuscular electrical stimulation (NMES) using only the first electrode strips; and
performing electromyography (EMG) readout using only the second electrode strips.
However Fahey teaches a worn electrode array system (Abstract) comprising the use of both neuromuscular electrical stimulation and for electromyography sensing ([0046], [0101], Fig. 6, [0093]-[0095] example in Fig. 6 describes separate pads of stimulation and sensing with stimulation electrode arrays of 2x3 electrodes in 605, 1x2 electrodes in 606 and a sensing electrode array of 2x1 in 602, and [0048]-[0049], [0090]-[0091] supporting modularity and flexibility in the number, orientation, and configuration of stimulation electrodes and sensing electrodes), where arrays of electrodes for stimulation and arrays of electrodes can be separately placed on a common substrate ([0081]-[0084]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the broadly recited combined stimulation and sensing of Bartholomew be specifically done by separate electrode strips as taught by Fahey as an explicit teaching on how the EMG sensing and neuromuscular stimulation are performed with an electrode array-based system.
Response to Arguments
Applicant’s amendments and arguments filed 12/29/2025 with respect to the 35 USC 103 rejections have been fully considered, but are not persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Connor for Claims 1 and 10 and Connor and Assad for Claim 18.
Conclusion
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/JAIRO H. PORTILLO/
Examiner
Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791