Prosecution Insights
Last updated: April 19, 2026
Application No. 17/441,540

INDUCTIVE PLETHYSMOGRAPHY VEST FOR A SMALL MAMMAL AND METHOD FOR MANUFACTURING SUCH A VEST

Non-Final OA §103§112
Filed
Sep 21, 2021
Examiner
PORTILLO, JAIRO H
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
UNIVERSITE GRENOBLE ALPES
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
4y 6m
To Grant
85%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
181 granted / 335 resolved
-16.0% vs TC avg
Strong +31% interview lift
Without
With
+31.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 6m
Avg Prosecution
42 currently pending
Career history
377
Total Applications
across all art units

Statute-Specific Performance

§101
20.5%
-19.5% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 335 resolved cases

Office Action

§103 §112
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/02/2026 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 10 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 Claim 10, the term “assembling on the band at least one strip made of a second elastic textile perpendicular to the longitudinal axis along a plurality of lines parallel to the longitudinal axis, each pair of adjacent assembly lines defining a plurality of longitudinal enclosed passages between the tube and the at least one strip;” renders the claim indefinite because it is unclear what is ”assembling” on the band in a perpendicular manner and what is “assembling” in a parallel manner. Further, “each pair of adjacent assembly lines” is not described as defining a plurality of enclosed passages, but rather the totality of adjacent assembly lines create the plurality of enclosed passages. Examiner suggests amending the claim to read -- assembling at least one strip made of a second elastic textile on the band perpendicular to the longitudinal axis of the band, where the assembly of the least one strip is performed along a plurality of lines parallel to the longitudinal axis of the band, each pair of adjacent assembly lines defining a longitudinal enclosed passage between the tube and the at least one strip; -- and will be interpreting the claim as such. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1, 6, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baconnier et al (US 2018/0279887) as noted in Applicant IDS dated 11/03/2021 in view of Newman (US 2004/0225227) and further in view of Jeon (US 2011/0074380) as noted in Applicant IDS dated 3/25/2024 and further in view of DeRemer et al (US 2012/0029299) (“DeRemer”). Regarding Claim 1, while Baconnier teaches an inductive plethysmography vest (Abstract, inductive plethysmography garment, [0038], Fig. 3, [0057] garment is a vest), comprising: a tube made of a first elastic textile configured to surround the trunk of a mammal having a mass less than 6 kg; the tube extending along a longitudinal axis parallel to a spinal column of the mammal ([0023]-[0024], Fig. 3, [0057] elastic garment is a textile-based vest that includes a tube to surround the trunk of said mammal, [0038] for a mammal under 6 kg); at least one inductive winding formed of a strand of electrically conductive wire (Fig. 3, [0024], [0057] inductive coils arranged in the form of wavelets along the circumference of said tube); wherein the strand of electrically conductive wire forms wavelets (Fig. 3, [0024], [0057]); wherein attachment of conductive wires to the tube can be achieved by a fixing method ([0050]); where the inductive windings assembled to the tube along the circumference of the tube extend along the longitudinal axis (Fig. 3, [0023]-[0024], [0057]) Baconnier fails to teach the vest further comprising at least one strip made of a second elastic textile, assembled to the tube along a circumference of the tube by a plurality of assembly line extending along the longitudinal axis; wherein each pair of adjacent assembly lines defines together a respective longitudinal enclosed passage between the tube and the at least one strip; wherein each enclosed passage comprises a first end and a second end; wherein the strand of electrically conductive wire passes alternately through each enclosed longitudinal passage to form wavelets between the first and second ends. However Newman teaches a wearable inductive band for respiration monitoring (Abstract, [0009]) comprising A first elastic textile configured for placement on the trunk of a mammal, as part of a larger wearable article that surround the trunk of the mammal (Fig. 3, [0009], [0023] bottom piece of distensible material 30B); at least one strip made of a second elastic textile, assembled to the first elastic textile by a plurality of assembly lines extending along the longitudinal axis (Fig. 3, [0009], [0023] top piece of distensible material 30A); wherein each pair of adjacent assembly lines defines together a respective longitudinal enclosed passage between the tube and the at least one first elastic textile (Fig. 3, [0023] two vertical rows of stitching 55 / assembly lines define longitudinal enclosed passages / pockets 60); wherein each enclosed passage comprises a first end and a second end (Fig. 3, [0023]); wherein the strand of electrically conductive wire passes alternately within enclosed longitudinal passage between the first and second ends (Fig. 3, [0023] the strand alternates within the enclosed longitudinal passages). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to attach the conductive coils on the tube along the circumference of a mammal of Baconnier by sewing a second elastic textile strip and assembly lines as taught by Newman as the application of a known technique for coupling the coils of an inductive respiration band (Newman) to the known inductive respiration band (Baconnier) ready for improvement to yield predictable results of providing the specific sewing steps for Baconnier to apply to achieve a consistency in construction of the inductive band. Yet their combined efforts fail to teach the vest further comprising the strand of electrically conductive wire passes alternately through each enclosed longitudinal passage to form wavelets between the first and second ends. However Jeon teaches methods for forming a conduction pad with conductive wire (Abstract) and in a first embodiment teaches where the pad defines a plurality of longitudinal enclosed passages, wherein a strand of electrically conductive wire passes through longitudinal enclosed passages to form the wavelets (Figs. 16-19, [0159]-[0179], where Figs. 18-19 and [0176] specifically detail enclosed passages / stretchable connection parts 510a for a conductive wire to pass through between flow spaces 530 on either side of the stretchable connection parts 510a, thus teaching a plurality of longitudinal enclosed passages, wherein the strand of electrically conductive wire passes through longitudinal enclosed passage to form wavelets) and in a second embodiment teaches a strand of electrically conductive wire passes through each adjacent column of passages between a first vertical end and a second vertical end to form wavelets (Fig. 10, [0102]-[0103]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the enclosed conductive wire of Newman can traverse passages in a Baconnier’s wavelet shape as taught by Jeon as confirmation that the assembled enclosed passages of Newman can achieve the wavelet shape of Baconnier. Furthermore, it would be obvious that the conductive wire of Baconnier could be adjusted to pass through enclosed passages from each adjacent assembly line in a similar manner to the second embodiment of Jeon as Newman teaches this will lead to greater sensitivity ([0018] closer space between the oscillations of the strand of conductive wire increases sensitivity). Yet Examiner will note that Newman prioritizes the hairpin design for the conductive wire as it enables multiple passings of the conductive wires through the same passage, minimize spacing and increasing sensitivity of the system. However DeRemer teaches a wearable physiological monitoring system utilizing conductive wire (Abstract, [0014]) comprising an elastic textile with integrated pairs of conductive wire, the paired conductive wires in parallel on a band for measuring breath (Figs. 6-7B, [0037]-[0038]), where breathing will cause a measurable separation between the closely aligned conductive wires (Figs. 7A-7B, [0037]), and where the parallel placement of conductive wire is not limited to the wavelet design ([0037]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the hairpin design of Newman is not the only way to achieve a high level of sensitivity with closely spaced conductive wire in Baconnier, Newman, and Jeon as DeRemer highlights how the characteristics enabling such sensitivity in Newman can also be achieved by a wavelet shape and other shapes. Regarding Claim 6, Baconnier, Newman, Jeon, and DeRemer teach the vest of claim 1, and Baconnier further teaches the vest further comprising a housing for an acquisition device connected to each inductive winding, the housing being formed in one piece with the tube or directly made integral with the tube (Fig. 3, electronic circuit 4 is shown in a housing made integral with tube of vest 1). Regarding Claim 10, while Baconnier teaches a method for manufacturing an inductive plethysmography vest for a mammal of mass less than 6 kg (Abstract, inductive plethysmography garment, [0038] for a mammal under 6 kg, Fig. 3, [0057] garment is a vest, the presence of a such a garment requires a corresponding method for manufacturing), comprising: providing a band made of a first elastic textile having a longitudinal axis ([0023]-[0024], Fig. 3, [0057] elastic garment is a textile-based vest that includes a band to surround the longitudinal axis defined by the trunk of said mammal); assembling on the band strands of conductive wires perpendicular to the longitudinal axis, with a plurality of parallel lines acting as dividing spaces for the curve of the wavelet (Fig. 3, [0024], [0057]); and closing the band along a line parallel to the longitudinal axis so as to form a tube (Fig. 3, [0050] vest has a tubular form, thus requiring a step of closing the band); wherein attachment of conductive wires to the tube can be achieved by a fixing method ([0050] sewing); forming at least one inductive winding along a circumference of the tube by passing a strand of electrically conductive wire over the band so as to form wavelets (Fig. 3, [0024], [0057] inductive coils arranged in the form of wavelets along the circumference of said tube). Baconnier fails to teach assembling at least one strip made of a second elastic textile on the band perpendicular to the longitudinal axis of the band, where the assembly of the least one strip is performed along a plurality of lines parallel to the longitudinal axis of the band, each pair of adjacent assembly lines defining a longitudinal enclosed passage between the tube and the at least one strip; and forming at least one inductive winding along a circumference of the tube by passing a strand of electrically conductive wire successively in each longitudinal enclosed passage of a respective strip so as to form wavelets. However Newman teaches a manufactured wearable inductive band for respiration monitoring (Abstract, [0009]) comprising Providing a first elastic textile having a longitudinal axis (Fig. 3, [0009], [0023] bottom piece of distensible material 30B); assembling at least one strip made of a second elastic textile on the first elastic textile perpendicular to the longitudinal axis of the band (Fig. 3, [0009], [0023] top piece of distensible material 30A), where the assembly of the least one strip is performed along a plurality of lines parallel to the longitudinal axis of the first elastic textile, each pair of adjacent assembly lines defining a longitudinal enclosed passage between the first elastic textile and the at least one strip (Fig. 3, [0023] two vertical rows of stitching 55 / assembly lines define longitudinal enclosed passages / pockets 60, performed parallel to the longitudinal axis of the band); and forming at least one inductive winding along a circumference of the tube by passing a strand of electrically conductive wire alternately within longitudinal enclosed passages of a respective strip (Fig. 3, [0023] the strand alternates within the enclosed longitudinal passages). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to attach the conductive coils on the tube along the circumference of a mammal of Baconnier by sewing a second elastic textile strip and assembly lines as taught by Newman as the application of a known technique for coupling the coils of an inductive respiration band (Newman) to the known inductive respiration band (Baconnier) ready for improvement to yield predictable results of providing the specific sewing steps for Baconnier to apply to achieve a consistency in construction of the inductive band. Yet their combined efforts fail to teach forming at least one inductive winding along a circumference of the tube by passing a strand of electrically conductive wire successively in each longitudinal enclosed passage of a respective strip so as to form wavelets. However Jeon teaches methods for forming a conduction pad with conductive wire (Abstract) and in a first embodiment teaches where the pad defines a plurality of longitudinal enclosed passages, wherein a strand of electrically conductive wire passes through longitudinal enclosed passages to form the wavelets (Figs. 16-19, [0159]-[0179], where Figs. 18-19 and [0176] specifically detail enclosed passages / stretchable connection parts 510a for a conductive wire to pass through between flow spaces 530 on either side of the stretchable connection parts 510a, thus teaching a plurality of longitudinal enclosed passages, wherein the strand of electrically conductive wire passes through longitudinal enclosed passage to form wavelets) and in a second embodiment teaches a strand of electrically conductive wire passes through each adjacent column of passages between a first vertical end and a second vertical end to form wavelets (Fig. 10, [0102]-[0103]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the enclosed conductive wire of Newman can traverse passages in a Baconnier’s wavelet shape as taught by Jeon as confirmation that the assembled enclosed passages of Newman can achieve the wavelet shape of Baconnier. Furthermore, it would be obvious that the conductive wire of Baconnier could be adjusted to pass through enclosed passages from each adjacent assembly line in a similar manner to the second embodiment of Jeon as Newman teaches this will lead to greater sensitivity ([0018] closer space between the oscillations of the strand of conductive wire increases sensitivity). Yet Examiner will note that Newman prioritizes the hairpin design for the conductive wire as it enables multiple passings of the conductive wires through the same passage, minimize spacing and increasing sensitivity of the system. However DeRemer teaches a wearable physiological monitoring system utilizing conductive wire (Abstract, [0014]) comprising an elastic textile with integrated pairs of conductive wire, the paired conductive wires in parallel on a band for measuring breath (Figs. 6-7B, [0037]-[0038]), where breathing will cause a measurable separation between the closely aligned conductive wires (Figs. 7A-7B, [0037]), and where the parallel placement of conductive wire is not limited to the wavelet design ([0037]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the hairpin design of Newman is not the only way to achieve a high level of sensitivity with closely spaced conductive wire in Baconnier, Newman, and Jeon as DeRemer highlights how the characteristics enabling such sensitivity in Newman can also be achieved by a wavelet shape and other shapes. Regarding Claim 11, Baconnier, Newman, Jeon, and DeRemer teach the method of claim 10, wherein the assembly of the strip on the tube is carried out by ultrasonic welding, sewing and/or bonding (See Claim 10 Rejection, Baconnier, Newman: affixed by sewing). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baconnier in view of Newman and further in view of Jeon and further in view of DeRemer and further in view of Longinotti-Buitoni et al (US 2018/0199635) (“Longinotti”). Regarding Claim 3, while Baconnier, Newman, Jeon, and DeRemer teach the vest of claim 2, their combined efforts fail to teach wherein a distance between two adjacent assembly lines is constant. However Longinotti teaches a wearable garment incorporating a conductive wire for physiological monitoring (Abstract, Figs. 1,35A-35B, 53, 54A-54B, [0100], [0105], [0107], [0169]) where assembly points for stitching have a constant spacing distance to create a sinusoidal pattern ([0104] applied at peaks and troughs of the conductive wire). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the constant distance for assembly points in Longinotti can be applied for the assembly points of Newman to also enable the sinusoidal pattern desired by Baconnier, Jeon, and DeRemer. Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baconnier in view of Newman and further in view of Jeon and further in view of DeRemer and further in view of Nurkka (US 2018/0317814) as noted in Applicant IDS dated 11/03/2021. Regarding Claim 4, while Baconnier, Newman, Jeon, and DeRemer teach the vest of claim 1, and Baconnier teaches wherein the tube further comprises two orifices suitable for the passage of the front legs of the mammal ([0050]), their combined efforts fail to teach each orifice having an elongated shape along the circumference of the tube. However Nurkka teaches a inductive plethysmography sensing garment (Abstract, [0031]-[0032]) where orifice for limbs may have an elongate shape (Figs. 12-13, vest shows oval orifices for the passage of a subject’s limb). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the orifice for the legs of the mammal of Baconnier be in an elongated shape of an oval as taught by Nurkka as a way to ensure consistency in construction across use of the inductive plethysmography vests. Regarding Claim 9, while Baconnier, Newman, Jeon, and DeRemer teach the vest of claim 1, wherein each strand of electrically conductive wire forms a winding constituting a coil (See Claim 1 Rejection), their combined efforts fail to teach wherein each strand of electrically conductive wire passes at least twice in each longitudinal enclosed passage along the circumference of the tube, thereby forming a set of windings constituting a coil. However Nurkka teaches a inductive plethysmography sensing garment (Abstract, [0031]-[0032]) and further teaches a strand of electrically conductive wire can double back on itself, so as to form a set of windings constituting a coil (Figs. 17A-18B, [0068]-[0069]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the strand of electrically conductive wire of Baconnier can double back on itself as taught by Nurkka as such folded configurations “can provide a smaller physical footprint of the elongate member, for example so that it is more readily incorporated into a physiological sensor, and/or so that closure mechanisms such as zippers and snaps in a biosensing garment can be actuated in the presence of the elongate member without said closure mechanisms interfering with or interrupting the continuity (e.g., including the electrical conductivity) of the conductive wire coupled to the elongate member,” as noted in [0056] of Nurkka. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baconnier in view of Newman and further in view of Jeon and further in view of DeRemer and further in view of Nurkka and further in view of Arizaga Ballesteros (US 2008/0076897) (“Arizaga”) Regarding Claim 5, while Baconnier, Newman, Jeon, DeRemer, and Nurkka teach the vest of claim 4, their combined efforts fail to teach wherein the tube further comprises a reinforcement formed by a flap of the tube on the side of the front legs of the mammal, the orifices extending through the flap. However Arizaga teaches a flexible medical sensor enclosure (Abstract) comprising providing a reinforcing flap in the design (Abstract, [0013]) where a reinforcing flap prevents tearing of flexible material ([0024]), wherein the reinforcing flap can be created by a folding action ([0013]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the orifice in the elastic garment for mammal legs of Baconnier include a reinforcing flap as taught by Arizaga as elastic material may be prone to tearing due to movement ([0009]), a relevant concern for leg holes due to leg insertion and leg movement. Claim(s) 7-8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baconnier in view of Newman and further in view of Jeon and further in view of DeRemer and further in view of Derchak et al (US 2006/0258914) (“Derchak”) as noted in Applicant IDS dated 11/03/2021. Regarding Claim 7, while Baconnier, Newman, Jeon, and DeRemer teach the vest of claim 1, and Baconnier further teaches the vest comprising a housing for an acquisition device connected to each inductive winding (Fig. 3, electronic circuit 4 is shown in a housing made integral with tube of vest 1), their combined efforts fail to the vest further comprising a harness comprising a housing and a strap suitable for maintaining the tube around an abdomen of the mammal. However Derchak teaches a inductive plethysmography sensing garment for an animal (Abstract, [0039]-[0040]) comprising a harness and a strap suitable for maintaining the tube around an abdomen of the mammal ([0012] physiological montoring of animal is facilitated by harnesses and fixation devices to maintain fixation of garment long animal, using fixation mechanisms such as Velcro, [0054] with a specific example of straps / first size sensor band 39 using Velcro adjustments 41a and 41b to adjust garment’s fixation on subject torso). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the garment of Baconnier further include harness comprising a strap as taught by Derchak for snugly fitting the system on the subject and maintaining the fixed position of the sensors ensures data is accurate and consistently interpretable (Derchak: [0054]). Regarding Claim 8, Baconnier, Newman, Jeon, DeRemer, and Derchak teach the vest of claim 7, wherein the strap is provided with a plurality of gripping parts of hook and loop type (See Claim 7 Rejection, use of Velcro in straps indicates strap is provided with a plurality of gripping parts of hook and loop type). Regarding Claim 14, while Baconnier, Newman, Jeon, and DeRemer teach the inductive plethysmography vest being applied for small mammals of different sizes, the mass of the mammals being comprised between 20 and 6000 g, a distance between two adjacent assembly lines of each strip being identical for all of the vests ([0038] typical sizes for the listed mammals, [0050]-[0051] for the various listed animals, the distance between coils can be between 0.5 and 5 cm and thus one could apply the same distance in this range between coils for each listed animal), teaches a method for manufacturing inductive plethysmography vests (See Claim 10 Rejection), their combined efforts fail to teach manufacturing a set of inductive plethysmography vests for small mammals of different sizes. However Derchak teaches a inductive plethysmography sensing garment for an animal (Abstract, [0039]-[0040]) comprising providing different tailored garments based on monitored animal ([0044]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the application across animals, integration of this device into a vest, and the range of possible values taught by Baconnier would motivate the creation of a set of inductive plethysmography devices as taught by Derchak to ensure animal-specific vests provide accurate data for the different sizes and shapes across measured species. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baconnier in view of Newman and further in view of Jeon and further in view of DeRemer and further in view of Guldalian (US 2012/0144551). Regarding Claim 12, while Baconnier, Newman, Jeon, and DeRemer teach the vest method of claim 10, and Baconnier further teaches the vest comprising piercing in the band two orifices suitable for the passage of the front legs of the small mammal ([0050]) their combined efforts fail to teach the piercing done by means of a punch. However Guldalian teaches a physiological sensing garment (Abstract) comprising orifices created in garment by punching ([0043]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the orifices of Baconnier be created with a punch as taught by Guldalian as the application of a known technique for creating an orifice (Guldalian) in the known orifice utilizing system (Baconnier) ready for improvement to yield predictable results in consistency of design across inductive plethysmography vests. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baconnier in view of Newman and further in view of Jeon and further in view of DeRemer and further in view of Guldalian and further in view of Arizaga and further in view of Hunter (US 2007/0249966). Regarding Claim 13, Baconnier, Newman, Jeon, and DeRemer teach the method of claim 12, their combined efforts fail to teach the method further comprising, before the piercing of the orifices, assembling a flap of the band on one face of the tube, the orifices being pierced through the flap. However Arizaga teaches a flexible medical sensor enclosure (Abstract) comprising providing a reinforcing flap in the design (Abstract, [0013]) where a reinforcing flap prevents tearing of flexible material ([0024]), wherein the reinforcing flap can be created by a folding action ([0013]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the orifice in the elastic garment for mammal legs of Baconnier include a reinforcing flap as taught by Arizaga as elastic material may be prone to tearing due to movement ([0009]), a relevant concern for leg holes due to leg insertion and leg movement. Yet their combined efforts fail to teach before the piercing of said orifices, assembling a flap of the band on one face of the tube, the orifices being pierced through said flap. However Hunter teaches a medical device (Abstract) where a piercing is done for a folded portion and teaches that any order of piercing and folding can be applied equivalently ([0042]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the orifice in the elastic garment for mammal legs of Baconnier be created with piercing after folding as Hunter teaches that differing orders of piercing and folding a component is equivalently applicable in creating an orifice through a fold. Response to Arguments Applicant’s amendments and arguments filed 2/02/2026 with respect to the 35 USC 103 rejection have been fully considered and are persuasive. The rejection(s) is/are withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Baconnier, Newman, Jeon, and DeRemer for Claim 1 and Claim 10. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIRO H PORTILLO whose telephone number is (571)272-1073. The examiner can normally be reached M-F 9:00 am - 5:15 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAIRO H. PORTILLO/ Examiner Art Unit 3791 /JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Sep 21, 2021
Application Filed
Mar 05, 2025
Non-Final Rejection — §103, §112
Jun 06, 2025
Examiner Interview Summary
Jun 06, 2025
Applicant Interview (Telephonic)
Jun 09, 2025
Response Filed
Sep 30, 2025
Final Rejection — §103, §112
Feb 02, 2026
Request for Continued Examination
Mar 03, 2026
Response after Non-Final Action
Mar 05, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
85%
With Interview (+31.0%)
4y 6m
Median Time to Grant
High
PTA Risk
Based on 335 resolved cases by this examiner. Grant probability derived from career allow rate.

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