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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/11/2025 has been entered.
Response to Arguments
Applicant’s arguments, see pages 7-9, filed 11/11/2025, with respect to the rejection(s) of the claim(s) under 35 U.S.C. 103 have been fully considered and are persuasive. The amendments obviate the rejection of record. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Zhang et al. (US 20180092554) (Hereinafter Zhang) in view Mrvaljevic et al. (US 20190290181) (Hereinafter Mrvaljevic) (see WO/2018/013580 for the priority date of 12/27/2018), Markel (US 20120136231) (Hereinafter Markel), and Jayaraman et al. (US 9582038) (Hereinafter Jayaraman).
Claim Objections
Claim 8 is objected to under 37 CFR 1.75 as being a substantial duplicate of amended claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). The phrase “a conductive fibre knitted in the garment body and configured to conduct at least one of a data signal or a power signal, wherein the conductive fibre interconnects the primary sensor panel and the complementary sensor panel” is duplicated.
Claim 19 is objected to under 37 CFR 1.75 as being a substantial duplicate of amended claim 11. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). The phrase “wherein said textile enclosure projects from the garment body” is duplicated.
Claims 1 and 11 are objected to because of the following informalities: the phrase “the user limb” in line 8 should be amended to recite “the user’s limb”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“Textile enclosure” in line 19 of claim 1 and 11. The instant specification fails to provide structure as to what the “textile enclosure” may be, but describes “textile enclosure” to be a cavity that is knitted to the garment sleeve and receives the controller device and electrically and mechanically connects the controller to the sensors (Pages 21-22 of the instant specification). Examiner will interpret the “textile enclosure” as a cavity that receives the controller device. The textile enclosure is integrated into the garment.
“Textile docking device” in lines 21-22 of claim 1. The instant specification fails to provide structure as to what the “textile docking device” may be, but describes “textile docking device” to receive the textile enclosure, which is different than what is claimed as containing “conductive contact regions integrated with the textile enclosure” for mechanical retention. Examiner interprets the “textile docking device” as conductive leads in a cavity for retaining the controller.
“knitted or woven textile material” in line 19 of claim 1 and 11. The instant specification fails to provide structure as to what the “knitted or woven textile material” may be, but describes “knitted or woven textile material” to be a pocket like textile (page 8 of the instant specification.). Examiner interprets the “knitted or woven textile material” as textile part of the garment.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, 6-17, and 19-22 are rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention. This is a new matter rejection.
Claim 1 has been amended to include the limitation, " textile docking device presenting conductive contact regions integrated with the textile enclosure and configured to mechanically retain the controller device in the cavity and to electrically interconnect the controller device to the one or more conductive fibres". The limitation does not have support in the instant specification nor in the parent application.
The specification provides support for the textile docking device received within the textile enclosure and coupled to the conductive fibre to electrically connect the controller (Page 22 of the instant specification.). However, the specification does not provide support for conductive contact regions for mechanical retention and electrical connection. Applicant has not indicated where the disclosure provides adequate written description support for the instant claim limitation, "textile docking device presenting conductive contact regions integrated with the textile enclosure and configured to mechanically retain the controller device in the cavity and to electrically interconnect the controller device to the one or more conductive fibres”. Therefore, the new claim limitations introduce new matter.
Claims 1 and 11 has been amended to include the limitation, " the textile enclosure comprising conductive textile regions or contact structures integrated into the enclosure and coupled to the one or more conductive fibres". The limitation does not have support in the instant specification nor in the parent application.
The specification provides support for the textile enclosure (Page 22 of the instant specification.). However, the specification does not provide support for conductive contact regions or contact structures for mechanical retention and electrical connection. Applicant has not indicated where the disclosure provides adequate written description support for the instant claim limitation, " the textile enclosure comprising conductive textile regions or contact structures integrated into the enclosure and coupled to the one or more conductive fibres”. Therefore, the new claim limitations introduce new matter.
Claims 1 and 11 has been amended to include the limitation, " knitted or woven textile material". The limitation does not have support in the instant specification nor in the parent application.
The specification provides support for the textile material (Page 8 of the instant specification.). However, the specification does not provide support for knitted or woven textile material. Applicant has not indicated where the disclosure provides adequate written description support for the instant claim limitation, " knitted or woven textile material”. Therefore, the new claim limitations introduce new matter.
Claims 1 and 11 has been amended to include the limitation, " the primary sensor panel configured to contact a user limb without temporal tightening of the user limb during bio-signal generation". The limitation does not have support in the instant specification nor in the parent application.
The specification provides support for the textile material (Page 8 of the instant specification.). However, the specification does not provide support for knitted or woven textile material. Applicant has not indicated where the disclosure provides adequate written description support for the instant claim limitation, " the primary sensor panel configured to contact a user limb without temporal tightening of the user limb during bio-signal generation”. Therefore, the new claim limitations introduce new matter.
Claims 1, 3, 6-17, and 19-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Similarly, original claims may lack written description when the claims define the invention in functional language specifying a desired result but the specification does not sufficiently describe how the function is performed or the result is achieved. For software, this can occur when the algorithm or steps/procedure for performing the computer function are not explained at all or are not explained in sufficient detail (simply restating the function recited in the claim is not necessarily sufficient). In other words, the algorithm or steps/procedure taken to perform the function must be described with sufficient detail so that one of ordinary skill in the art would understand how the inventor intended the function to be performed. See MPEP §§ 2163.02 and 2181, subsection IV.
Merely recite a description of the problem to be solved while claiming all solutions to it, leaving the industry to “complete an unfinished invention.” See Ariad, 598 F.3d at 1353
Disclosure of function alone is little more than a wish possession. See MPEP 2163(II)(A)(3)(a).
The written description requirement is not satisfied by merely outlining the goals or results one hopes to achieve with the invention. See MPEP 2163(II)(A)(3)(a).
Claims 1 and 11 fail to sufficiently describe the use of a single bio-signal waveform for determining PTT to show possession of the claimed invention. The mere statement and recitation of “generate a bio-signal waveform based on the primary and the secondary sets of bio-signals; determine pulse transit time (PTT) values based on the bio-signal waveform;” in claims 1 and 11 and pages 15-16 of the instant specification discloses PTT is received from multiple biosensors. However, the instant specification provides insufficient detail as to how this calculation from the biosensor signals to PTT is performed, let alone performed by a single biosignal waveform obtained from the primary and secondary sets of sensors. The instant specification fails to provide details as to what within the biosignal waveforms are looked at to determine PTT. Therefore, claims 1, 3, 6-17, and 19-22 do not provide sufficient detail for having sufficient written description.
Claims 1 and 11 fail to sufficiently describe the structure for “textile enclosure” , “textile docking device”, and “knitted or woven textile material” to show possession of the claimed invention. The mere statement and recitation of “textile enclosure” , “textile docking device”, and “knitted or woven textile material” in claims 1 and 11 and Page 22 of the instant specification disclosing that the textile docking device received within the textile enclosure and coupled to the conductive fibre to electrically connect the controller, the textile enclosure being a cavity that projects from the sleeve, and the there being a textile material (page 8 of the instant specification) fails to provide structure for any of these terms, other than their mere description of their respective function. Regarding the textile enclosure, it is unknown how a defined cavity (which appears to the textile enclosure, thereby not being a structural component) can be projecting from the garment while also being a knitted textile material for receiving the controller. It is unclear what the structure that makes up the textile enclosure that allows it to shapeshift between the knitted textile material while also defining a cavity and projecting from the garment. Regarding the woven or knitted textile material, it is unknown what this material may be and how it may be woven or knitted. Regarding the textile docking device, it is unknown what the structure that is associated with such a phrase. Therefore, claims 1, 3, 6-17, and 19-22 do not provide sufficient detail for having sufficient written description of the structural components of “textile enclosure” , “textile docking device”, and “knitted or woven textile material”.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 6-17, and 19-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 11, it is unclear how the primary and secondary sets of bio-signals, that compose multiple waveforms from different sensors, can generate a single bio-signal waveform used to determine PTT.
Claim limitation “textile docking device presenting conductive contact regions” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It is unclear what the textile docking device and conductive contact regions may be and how they are used for mechanical retaining the controller. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “textile enclosure” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. It is unclear what the textile enclosure may be; specifically, how a defined cavity (which appears to the textile enclosure, thereby not being a structural component) can be projecting from the garment while also being a knitted textile material for receiving the controller. It is unclear what the structure that makes up the textile enclosure that allows it to shapeshift between the knitted textile material while also defining a cavity and projecting from the garment. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “knitted or woven textile material” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. It is unclear what the knitted or woven material may be. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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, 7-8, 10, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20180092554) (Hereinafter Zhang) in view Mrvaljevic et al. (US 20190290181) (Hereinafter Mrvaljevic) (see WO/2018/013580 for the priority date of 12/27/2018), Markel (US 20120136231) (Hereinafter Markel), and Jayaraman et al. (US 9582038) (Hereinafter Jayaraman).
Regarding claims 1, Zhang teaches A garment for detecting blood pressure (Abstract “Novel and advantageous systems, devices, and methods for pulse wave velocity (PWV) imaging that enable precise central blood pressure (BP) estimation are provided.” Fig. 1 shirt) comprising:
a garment body ([0006] “FIG. 1 shows a schematic view of a multi-sensor array shirt”);
a primary sensor panel affixed to a user facing side of the garment body, the primary sensor panel including at least two bio signal sensor types selected from a photoplethysmogram (PPG) sensor, an electrocardiogram (ECG) sensor, and a ballistocardiogram (BCG) sensor (Fig. 1 (2 primary sensor panel) [0020] “including at least one electrode 17 and at least one PPG sensor 18 collecting ECG and PPG signals” See Fig. 3. [0017] “During a measurement, the shirt positioned up close to the body to contact the user's skin [user facing side] can measure the PPG and ECG waveforms.”);
the primary sensor panel is configured to contact a user limb without temporal tightening to the user limb during the bio-signal generation (Zhang does not teach the tightening of the primary sensor panel during biosignal generation and therefore meets this limitation.);
a complementary sensor panel distal from the primary sensor panel and affixed to the user-facing side of the garment body, the complementary sensor panel configured to generate a secondary set of bio signals (Fig. 1 (2 primary sensor panel amongst the many on the shirt) [0020] “including at least one electrode 17 and at least one PPG sensor 18 collecting ECG and PPG signals” See Fig. 3. [0017] “During a measurement, the shirt positioned up close to the body to contact the user's skin [user facing side] can measure the PPG and ECG waveforms.”);
a processor coupled to the primary sensor panel ([0005] “and at least one processor in operable communication with the front-end circuit to calculate pulse transmit time (PTT) from the ECG and PPG signals”); and
wherein, when executed, the processor-executable instructions ([0027] “machine-readable media (e.g., computer-readable media)”), configure the processor to:
receive, from the primary sensor panel, a primary set of bio signals comprising bio-signals from the at least two bio-signal sensor types ([0020] “including at least one electrode 17 and at least one PPG sensor 18 collecting ECG and PPG signals”);
receive, from the complementary sensor panel, a secondary set of bio-signals ([0005] “each sensor unit including at least one electrical sensor for detecting ECG signals of a user and at least one optical sensor for detecting PPG signals of said user”);
generate a bio-signal waveform based on the primary and secondary set of bio-signals ([0005] “each sensor unit including at least one electrical sensor for detecting ECG signals of a user and at least one optical sensor for detecting PPG signals of said user” Examiner notes that the ECG and PPG signals from all of the sensor panels produce a waveform.);
determine pulse transit time (PTT) values based on the bio signal waveform ([0005] “and at least one processor in operable communication with the front-end circuit to calculate pulse transmit time (PTT) from the ECG and PPG signals”); and
determine a hemodynamic metric representing blood pressure of the user based on correlations with the PTT values represented by the bio signal waveform ([0018] “PTT has a reciprocal relationship with PWV, and can be easily obtained from two pulse signals, such as ECG and PPG signals.” See claim 1 and 6 recites that PTT is calculated to generate PWV imaging which is used in a second algorithm for estimating blood pressure.).
However, Zhang does not teach the one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel, and a controller device and the textile enclosure comprising knitted textile material and being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres…to electrically interconnect the controller device to the one or more conductive fibres. Mrvaljelic, in the same field of endeavor, teaches the use of ECG, accelerometer and EMG sensors on clothing with a controller ([0032]), similar to the device of Zhang, and further teaches upon insertion of the controller device ([0030] “the controller 125 can include a CPU 431”); and
the one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel, and a controller device ([0032] “The sensors 423 can be connected to the controller 125 using thin, resilient flexible wires (not shown) and/or conductive thread (not shown) woven into the clothing 445.”);
the textile enclosure comprising knitted textile material and being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres…to electrically interconnect the controller device to the one or more conductive fibres ([0031] “the controller 125 can be inserted into a pocket 443 [textile enclosure, which is also knitted textile material as the pocket is part of the garment] in the user's clothing and/or attached using Velcro, snap, snap-fit buttons, zippers, etc. In some embodiments, the controller 125 can be removable from the clothing 445, such as for charging the controller 125.” [0032] “The sensors 423 can be connected to the controller 125 using thin, resilient flexible wires (not shown) and/or conductive thread (not shown) woven into the clothing 445.” Mrvaljevic further teaches in [0031] that the controller 125 is removeable, which means that the controller must be mechanically connected (physical connected to the wires) while also electrically connected to the sensors vis the wires.) to easy removeable off the clothing for charging ([0031]). It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention to modify the invention of Zhang, with one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel, and a controller device and the textile enclosure comprising knitted textile material and being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres…to electrically interconnect the controller device to the one or more conductive fibres of Mrvaljelic, because such a modification would allow to easy removeable off the clothing for charging.
Zhang does not teach one or more conductive fibres knitted in the garment body and configured to conduct at least one of a data signal or a power signal, the one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel. Markel, in a similar field of endeavor, teaches a garment with health monitoring capability including ECG sensors (Abstract and [0027]), and further teaches one or more conductive fibres knitted in the garment body and configured to conduct at least one of a data signal or a power signal, the one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel ([0035] “For such sensors, leads (e.g., wire leads, conductive fiber leads, etc.) may be woven into the garment, run via garment seams… ECG analysis includes analyzing differences in electrical potential [data signal] between various skin contact points (or electrodes)” It is noted that [0067]-[0069] are different sensors that are interconnected to the central region, similar to that of the primary and complementary sensor panels.) to integrate the leads into the garment ([0035]). It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention to modify the invention of Zhang, with one or more conductive fibres knitted in the garment body and configured to conduct at least one of a data signal or a power signal, the one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel of Markel, because such a modification would allow to integrate the leads into the garment.
Zhang does not teach textile enclosure defining a cavity and projecting from the garment body, … being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres and textile docking device presenting conductive contact regions integrated with the textile enclosure and configured to mechanically retain the controller device in the cavity and to electrically interconnect the controller device to the one or more conductive fibres. Jayaraman, in the same field of endeavor, teaches a smart garment containing a controller and electrical leads to connect to the rest of the garment (Abstract), similar to the device of Wong, and further teaches a textile enclosure defining a cavity and projecting from the garment body, … being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres (Col. 5 lines 16-22 “The top housing (202) [enclosure that is projected out of the garment, that contains a cavity for inserting the controller] of the smart hub (102) of FIG. 2 is configured for physical engagement with a controller (104). That is, the top housing (202) of the smart hub of FIG. 2 is shaped such that the controller is secured within the smart hub with sufficient stability from physical interaction to make electrical contact [electrically interconnect] with one or more electrical leads of the smart hub as discussed in more detail below.” Col. 3 lines 1-4 “Wired networks may be implemented as one or more conductive paths from at least one the sensors of the smart garment to the smart hub implemented through conductive fibers woven or knitted into the smart garment”);
textile docking device presenting conductive contact regions integrated with the textile enclosure and configured to mechanically retain the controller device in the cavity and to electrically interconnect the controller device to the one or more conductive fibres (Fig. 6 (electrical leads 216 [conductive contact regions] with lead paths 212) Col. 7 lines 22-27 “The aperture of FIG. 2 also exposes to the controller a magnetic engagement corresponding with a magnetic engagement of the controller. When the controller of FIG. 2 is engaged with the top housing of the smart hub, the contacts of the controller may mate with the electrical leads of the smart hub and a magnetic engagement provides additional stability and engagement between the smart hub and the controller.” Col. 3 lines 1-4 “Wired networks may be implemented as one or more conductive paths from at least one the sensors of the smart garment to the smart hub implemented through conductive fibers woven or knitted into the smart garment”) to repeatedly wash or clean the garment without damaging the controller (Col. 7 lines 1-2). It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention to modify the invention of Zhang, with the textile enclosure defining a cavity and projecting from the garment body, … being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres and textile docking device presenting conductive contact regions integrated with the textile enclosure and configured to mechanically retain the controller device in the cavity and to electrically interconnect the controller device to the one or more conductive fibres of Jayaraman, because such a modification would allow to repeatedly wash or clean the garment without damaging the controller.
Regarding claims 7, Zhang teaches comprising wherein the complementary sensor panel is distal from the primary sensor panel and affixed to the user limb facing side of the garment body ([0030] “a plurality of sensor units, each sensor unit including at least one electrical sensor for detecting electrocardiogram (ECG) signals of a user and at least one optical sensor for detecting photoplethysmogram (PPG) signals of said user” Since each sensor unit contains its own ECG and PPG sensor for producing their own PPG and ECG signal, and there are a plurality of sensor units, a second sensor unit is taught and can produce its own ECG and PPG signals. See Fig. 1 where sensor units can be place on the sleeve where the arm of the user is.).
Regarding claims 8, Zhang does not teach conductive fibres knitted into a seam of the garment. Markel, in a similar field of endeavor, teaches a garment with health monitoring capability including ECG sensors (Abstract and [0027]), and further teaches comprising a conductive fibre knitted in the garment body and configured to conduct at least one of a data signal or a power signal, wherein the conductive fibre interconnects the primary sensor panel and the complementary sensor panel ([0035] “For such sensors, leads (e.g., wire leads, conductive fiber leads, etc.) may be woven into the garment, run via garment seams… ECG analysis includes analyzing differences in electrical potential [data signal] between various skin contact points (or electrodes)” It is noted that [0067]-[0069] are different sensors that are interconnected to the central region, similar to that of the primary and complementary sensor panels.) to integrate the leads into the garment ([0035]). It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention to modify the invention of Wong, with the conductive fibres knitted into a seam of the garment of Markel, because such a modification would allow to integrate the leads into the garment.
Regarding claims 10, Zhang teaches wherein the garment is a shirt configured to be worn on an upper body of the user, and wherein the primary sensor panel is positioned on a shirt sleeve (See Fig. 1 where sensor units can be place on the sleeve where the arm of the user is.).
Regarding claims 21, Mrvaljevic teaches wherein the textile enclosure is moisture-resistant ([0030] “the controller 125 can be packaged in a water-resistant, resilient housing 442 having a small form factor.”).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20180092554) (Hereinafter Zhang) in view Mrvaljevic et al. (US 20190290181) (Hereinafter Mrvaljevic) (see WO/2018/013580 for the priority date of 12/27/2018), Markel (US 20120136231) (Hereinafter Markel), Jayaraman et al. (US 9582038) (Hereinafter Jayaraman) and Pantelopoulos et al. (US 20170209053) (IDS) (Hereinafter Pantelopoulos).
Regarding claims 3, claim 1 is obvious over Zhang, Mrvaljevic, Markel, and Jayaraman. Zhang does not teach an responsively acquiring signals based on movement detected by an accelerometer. Pantelopoulos, in the same field of endeavor, teaches the measuring blood pressure based on PTT measure from PPG and ECG sensors ([0008] and [0023]), similar to the device of Zhang. Although Pantelopolous is not directed to a garment, both Zhang and Pantelopoulos teach the detection on a limb. Pantelopoulos further teaches comprising at least one of an accelerometer or a piezo sensor integrated in the garment body, and wherein in response to receiving a trigger signal generated by at least one of the accelerometer or the piezo sensor indicating movement of the user, generating the primary set of bio siqnals including bio signals from a combination of the at least two sensor types of the primary sensor panel ([0176] “For instance, when data from a motion sensor(s) indicates a period of stillness or of little motion, the biometric monitoring device may trigger, acquire, and/or obtain a pulse waveform or heart rate measurement or data. (See, for example, FIGS. 16, 19A, and 19B).” [0181] “accelerometer”) to acquire more desirable quality signal ([0179]). It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention to modify the invention of Zhang, with responsively acquiring signals based on movement detected by an accelerometer of Pantelopoulos, because such a modification would allow to acquire more desirable quality signal.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20180092554) (Hereinafter Zhang) in view Mrvaljevic et al. (US 20190290181) (Hereinafter Mrvaljevic) (see WO/2018/013580 for the priority date of 12/27/2018), Markel (US 20120136231) (Hereinafter Markel), and Jayaraman et al. (US 9582038) (Hereinafter Jayaraman) and Varadan et al. (US 20170354372) (Hereinafter Varadan).
Regarding claims 6, claim 1 is obvious over Zhang, Mrvaljevic, Markel, and Jayaraman. Zhang does not teach bio impedance sensors for determining blood pressure. Varadan, in the same field of endeavor, teaches sensors mounted on a textile, specifically on a garment (Abstract and [0029]), similar to the device of Zhang, and further teaches wherein the primary sensor panel includes a pair of electrical bio impedance sensors measuring electrical blood conductivity for determining the hemodynamic metric ([0111] uses impedance (IPG of [0113] with LEDs and PDs.) for determining PTT which correlated blood pressure.) to accomplish real-time blood pressure measurements without a cuff ([0111]). It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention to modify the invention of Zhang, with bio impedance sensors for determining blood pressure of Varadan, because such a modification would allow to accomplish real-time blood pressure measurements without a cuff.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20180092554) (Hereinafter Zhang) in view Mrvaljevic et al. (US 20190290181) (Hereinafter Mrvaljevic) (see WO/2018/013580 for the priority date of 12/27/2018), Markel (US 20120136231) (Hereinafter Markel), Jayaraman et al. (US 9582038) (Hereinafter Jayaraman), and Park (US 20170251981) (Hereinafter Park).
Regarding claim 9, claim 1 is obvious over Zhang, Mrvaljevic, Markel, and Jayaraman. Zhang does not teach differential set of bio signals used for determining a hemodynamic metric. Park, in the same field of endeavor, teaches receiving signals from a garment containing sensors including ECG sensors ([0049], [0058]), similar to the device of Zhang, and further teaches wherein the primary set of bio signals and the secondary set of bio signals are a differential set of bio signals, and wherein determining the hemodynamic metric associated with the user is based on the differential set of bio signals ([0076] “performs signal processing on the biosignals for removing a noise. The biosignals collected through various paths may have various noise sources. The matching apparatus removes the noise using, for example, a low pass filter and a high pass filter.” Examiner notes that instant spec [0081] discloses the differential signals to be noise reduced signals.) to remove the noise out of the signal for a more accurate signal ([0076]). It would have been obvious to one skilled in the art, prior to the effective filing date of the claimed invention to modify the invention of Zhang, with differential set of bio signals used for determining a hemodynamic metric of Park, because such a modification would allow to remove the noise out of the signal for a more accurate signal.
Claim(s) 11-12, 14-17, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20180092554) (Hereinafter Zhang) in view Mrvaljevic et al. (US 20190290181) (Hereinafter Mrvaljevic) (see WO/2018/013580 for the priority date of 12/27/2018), and Markel (US 20120136231) (Hereinafter Markel).
Regarding claims 11, Zhang teaches A garment for detecting blood pressure (Abstract “Novel and advantageous systems, devices, and methods for pulse wave velocity (PWV) imaging that enable precise central blood pressure (BP) estimation are provided.” Fig. 1 shirt) comprising:
a garment body ([0006] “FIG. 1 shows a schematic view of a multi-sensor array shirt”);
a primary sensor panel affixed to a user facing side of the garment body, the primary sensor panel including at least two bio signal sensor types selected from a photoplethysmogram (PPG) sensor, an electrocardiogram (ECG) sensor, and a ballistocardiogram (BCG) sensor (Fig. 1 (2 primary sensor panel) [0020] “including at least one electrode 17 and at least one PPG sensor 18 collecting ECG and PPG signals” See Fig. 3. [0017] “During a measurement, the shirt positioned up close to the body to contact the user's skin [user facing side] can measure the PPG and ECG waveforms.”);
the primary sensor panel is configured to contact a user limb without temporal tightening to the user limb during the bio-signal generation (Zhang does not teach the tightening of the primary sensor panel during biosignal generation and therefore meets this limitation.);
a complementary sensor panel distal from the primary sensor panel and affixed to the user-facing side of the garment body, the complementary sensor panel configured to generate a secondary set of bio signals (Fig. 1 (2 primary sensor panel amongst the many on the shirt) [0020] “including at least one electrode 17 and at least one PPG sensor 18 collecting ECG and PPG signals” See Fig. 3. [0017] “During a measurement, the shirt positioned up close to the body to contact the user's skin [user facing side] can measure the PPG and ECG waveforms.”);
a processor coupled to the primary sensor panel ([0005] “and at least one processor in operable communication with the front-end circuit to calculate pulse transmit time (PTT) from the ECG and PPG signals”); and
wherein, when executed, the processor-executable instructions ([0027] “machine-readable media (e.g., computer-readable media)”), configure the processor to:
receive, from the primary sensor panel, a primary set of bio signals comprising bio-signals from the at least two bio-signal sensor types ([0020] “including at least one electrode 17 and at least one PPG sensor 18 collecting ECG and PPG signals”);
receive, from the complementary sensor panel, a secondary set of bio-signals ([0005] “each sensor unit including at least one electrical sensor for detecting ECG signals of a user and at least one optical sensor for detecting PPG signals of said user”);
generate a bio-signal waveform based on the primary and secondary set of bio-signals ([0005] “each sensor unit including at least one electrical sensor for detecting ECG signals of a user and at least one optical sensor for detecting PPG signals of said user” Examiner notes that the ECG and PPG signals from all of the sensor panels produce a waveform.);
determine pulse transit time (PTT) values based on the bio signal waveform ([0005] “and at least one processor in operable communication with the front-end circuit to calculate pulse transmit time (PTT) from the ECG and PPG signals”); and
determine a hemodynamic metric representing blood pressure of the user based on correlations with the PTT values represented by the bio signal waveform ([0018] “PTT has a reciprocal relationship with PWV, and can be easily obtained from two pulse signals, such as ECG and PPG signals.” See claim 1 and 6 recites that PTT is calculated to generate PWV imaging which is used in a second algorithm for estimating blood pressure.).
However, Zhang does not teach the one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel, and a controller device and the textile enclosure comprising knitted textile material and being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres…to electrically interconnect the controller device to the one or more conductive fibres. Mrvaljelic, in the same field of endeavor, teaches the use of ECG, accelerometer and EMG sensors on clothing with a controller ([0032]), similar to the device of Zhang, and further teaches upon insertion of the controller device ([0030] “the controller 125 can include a CPU 431”); and
the one or more conductive fibres interconnect the primary sensor panel, the complementary sensor panel, and a controller device ([0032] “The sensors 423 can be connected to the controller 125 using thin, resilient flexible wires (not shown) and/or conductive thread (not shown) woven into the clothing 445.”);
the textile enclosure comprising knitted textile material and being configured to removably receive the controller device, the textile enclosure comprising a textile docking device received within the cavity and coupled to the one or more conductive fibres…to electrically interconnect the controller device to the one or more conductive fibres ([0031] “the controller 125 can be inserted into a pocket 443 [textile enclosure, which is also knitted textile material as the pocket is part of the garment] in the user's clothing and/or attached using Velcro, snap, snap-fit buttons, zippers, etc. In some embodiments, the controller 125 can be removable from the clothing 445, such as for charging the controller 125.” [0032] “The sensors 423 can be connected to the controller 125 using thin, resilient flexible wires (not shown) and/or conductive thread (not shown) woven into the clothing 445.” Mrvaljevic further teaches in [0031] that the controller 125 is removeable, which means that the controller must be mechanically connected (physical connected to the wires) while also electrically connected to the sensors vis the wires.) to easy removeable off the clothing for charging ([003