DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed November 06, 2025 has been entered. Applicant’s amendments have overcome the claim objection previously set-forth in the Non-Final Office Action mailed on 08/06/2025. Currently, claim 11 has been amended, claim 24 has been newly added, claim 20 has been cancelled, and claims 1-13,15-16,18-19, and 22-24 are pending in the application.
As a preliminary matter, the Examiner further notes that the prior rejection citing the Hanazawa reference has made mention of reference numeral 150 (see, for example, the prior rejection of claim 1 noting the casing to be 150). The reference numeral 150 does not, however, appear in any form in the Hanazawa reference and such was made as a typographical error. As such, the Examiner has corrected this error in the instant action to cite to the correct reference number of 135. Such a correction is supported by the prior rejection of claim 22 that has set forth “of casing 135” when referring to the structure in Hanazawa that formed the outer surface of the textile panel. The Examiner is also of the position that this typographical error has not materially affected Applicant's understanding of the intended structure set forth in the rejection of claim 1 of Hanazawa to be taken as the textile panel with Applicant citing to “a casing 135 that encloses a controller 130” on page 6 of the Remarks, and has further failed to find any remarks by Applicant in the response that indicates that this typographical error was of issue.
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.
Claims 1, 7-8, 18, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hanazawa (U.S. Patent No. 11039530 B2), and further in view of
Haraikawa (E.P. Application No. 3033988 A1).
Regarding independent claim 1, Hanazawa discloses a biosensing garment (i.e., any garment, apparel, or clothing items) (Col. 5, lines 52-56; Col. 10, lines 6-13 & Figs. 6-10B) comprising:
a garment (e.g., a t-shirt) (Col. 4, lines 15-22); and
an inner biosensing textile (i.e., a communication device) disposed within the garment (Col. 11, lines 62-66 & Figs. 1A-1C), the inner biosensing textile comprising:
a textile panel (i.e., combination of casing (135) and inner fabric (110) (Col. 11, lines 63-67 – Col. 12, lines 1-8));
a biosensing unit (145) (Col. 17, lines 4-16) positioned on the textile panel for measuring a biosignal (e.g., blood pressure, temperature, heartbeat, pulse, etc.) of the wearer;
a controller (i.e., microprocessor inside controller (130) as seen in Fig. 3) (Col. 15, lines 21-25) positioned on the textile panel (Col. 12, lines 14-20); and
a holder (137, 138) positioned on the textile panel (Col. 12, lines 10-14, and lines 24-29) and arranged to releasably hold an electronic component (i.e., controller (103) which comprises for example a circuit board, a coin battery, and a pressure sensor, input device, to the controller region, and a Bluetooth low energy (BLE) nano system on a chip) (Col. 15, lines 6-11), the electronic component comprising a power source (i.e., a battery) (Col. 8, lines 15-16),
wherein the textile panel can be releasably attached to the item of apparel, in any location that could be designed to achieve a user's needs and/or goals of sending or receiving signals (Col. 4, lines 15-22).
However, Hanazawa does not explicitly disclose a first region of the textile panel that is attached to the garment such that the first region is unable to move relative to the garment, and a second region of the textile panel that is able to move relative to the garment.
Haraikawa, in the same field of endeavor, teaches a biosensing t-shirt garment (100) (pa. 0017 & Figs. 1-5) comprising an inner biosensing textile (200) disposed within the garment wherein a first region (i.e., side that connects to the collar 111) of the textile panel is attached to the garment such that the first region is unable to move relative to the garment, and wherein a second region (both sides connecting to the sleeves 120) of the textile panel is able to move relative to the garment (pa. 0025 & Fig. 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment style of the textile panel to the T-shirt of Hanazawa in order to model the design of the textile panel in the T-shirt garment of Haraikawa for the purpose of reducing the impact of pulling when the user/wearer is in motion (Haraikawa, pa. 0025).
Regarding claim 7, Hanazawa/Haraikawa combination discloses wherein the electronic component comprises a communicator (i.e., an antenna) for communicating with an external device (via Bluetooth) (Hanazawa, Col. 9, lines 44-59).
Regarding claim 8, Hanazawa/Haraikawa combination discloses wherein the textile panel is shaped to position the biosensing unit away from the garment such that, when worn, the biosensing unit is positioned on or near the body surface (Hanazawa, Col. 3, lines 44-46).
Regarding claim 18, Hanazawa/Haraikawa combination discloses wherein the power source is accessible via an outside surface of the garment and is removable from the holder (Hanazawa, Col. 6, lines 61-63; Col. 9, lines 11-12).
Regarding claim 22, Hanazawa/Haraikawa combination discloses wherein the controller is positioned on an outer surface (i.e., in a surface of casing 135) of the textile panel which faces the garment (i.e., facing a bottom/back portion of the garment) (Hanazawa, Col. 12, lines 29-32); and
the biosensing unit is positioned on an inner surface of the textile panel which faces the wearer, to enable the biosensing unit to contact skin of the wearer (via sensor identification region (141) (Hanazawa, Col. 12, lines 50-52, and lines 60-67 – Col. 13, lines 1-6).
Regarding claim 23, Hanazawa/Haraikawa combination discloses wherein the controller is positioned at a distinct portion of the textile panel than the holder (Hanazawa, see Fig. 1B).
Regarding claim 24, Hanazawa discloses wherein:
the second region of the textile panel that is able to move relative to the garment is not attached to the garment, and the second region comprises the biosensing unit (Col. 17, lines 35-43).
Examiner is interpreting the word “attach(ed)” as a permanent or temporary connection between two components. Furthermore, Examiner notes that means for attaching the biosensing unit located on the portion of the inner fabric to the garment can be any method or means known in the art such as magnets, zippers, snaps, magnetic snaps, Velcro®, buttons, gluing, taping, mounting, pinning, pogo pins, enclosing, encapsulating, hooks, pins, latches, hook systems, any latch or hook system with complementary elements on the garment, or combinations thereof.
Although during use, the second region of the textile panel which comprises the biosensing unit is attached to the garment (i.e., unable to move relative to the garment), the biosensing unit is designed in a modular fashion in order to enable components in the unit to be easily replaced or upgraded (Col. 10, lines 41-44). Therefore, since the attachment style of the second region of the textile panel is a temporary connection, Examiner is interpreting the occurrences where the user is able to detach the second region of the textile panel from the garment to make replacements/upgrades as meeting the claim language of the second region of the textile panel being able to move relative to the garment.
However, Hanazawa does not disclose the first region of the textile panel that is unable to move relative to the garment is attached to a shoulder region of the garment.
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Haraikawa, in the same field of endeavor, teaches the t-shirt garment (100) comprising the first region (i.e., sides which connect to the collar 111) that is unable to move relative to the garment (pa. 0025 & Fig. 3). Furthermore, Examiner notes that although the attachment method of the textile panel is directed to the collar portion of the garment, the periphery edges (see annotated circles below) of the textile panel that are connected to the collar interface with the shoulder regions of the garment (see annotated Fig. 3 below).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment style of the first region of the textile panel of Hanazawa to be unable to move relative to the garment for the purpose of reducing the impact of pulling when the user/wearer is in motion (Haraikawa, pa. 0025).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hanazawa and Haraikawa, as applied to claim 1 above, and further in view of Yeomans (U.S. Application No. 20140090146 A1).
Regarding claim 9, Hanazawa/Haraikawa combination discloses the invention substantially as claimed in claims 1 and 8 and discussed above.
However, they do not disclose wherein the textile panel comprises a dart, wherein the dart acts to shape the textile such that the biosensing unit is positioned away from the garment.
Yeomans, in the same field of endeavor, teaches wherein the textile panel comprises a dart (7), wherein the dart acts to shape the textile such that the biosensing unit is positioned away from the garment (pa. 0023, 0091), and thus ensuring that there is a sufficient fabric reserve to minimize tensile forces on areas that experience elongation or stretching (pa. 0023).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have added darts to the textile panel of Hanazawa to minimize tensile forces on areas that experience elongation or stretching (Yeomans, pa. 0023).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hanazawa and Haraikawa, as applied to claim 1 above, and further in view of Guillen (W.O. Application No. 2011131234 A1).
Regarding claim 10, Hanazawa/Haraikawa combination discloses wherein the textile is shaped so that the biosensing unit is positioned away from the garment, as in, the biosensing unit is not directly contacting the garment (Hanazawa, Col. 12, lines 50-52, and lines 60-67 – Col. 13, lines 1-6).
Moreover, the textile panel can be tailored to a garment via any attachment means such as magnets, zippers, snaps, magnetic snaps, Velcro®, buttons, gluing, taping, mounting, pinning, pogo pins, enclosing, encapsulating, hooks, pins, latches, hook systems, any latch or hook system with complementary elements on the device and item to be attached to, any other method known in the art, or combinations thereof (Hanazawa, Col. 17, lines 36-43).
However, they do not explicitly disclose wherein the textile panel comprises a seam.
Guillen, in the same field of endeavor, teaches wherein the textile panel comprising a seam (page 6, lines 3-5) to attach/join textiles.
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have substituted the attachment method Hanazawa with a seam, as taught by Guillen, since they are both known equivalents in the art and they would yield the same predictable results of attaching two pieces of fabric together.
Regarding claim 11, Hanazawa/Haraikawa combination discloses the invention substantially as claimed in claims 1 and 8 and discussed above.
However, they do not disclose the biosensing textile comprises a weight for urging the textile panel down and towards a wearer of the garment.
Guillen, in the same field of endeavor, teaches the biosensing textile comprising a weight for urging the textile panel down and towards a wearer of the garment (page 10, lines 8-10).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have incorporated the weight of the electronic device of Guillen into the biosensing unit of Hanazawa in order to give the textile panel weight while also allowing it to be comfortable to wear for the user.
Examiner is interpreting the claim language of “weight” as any component that adds an unspecified load to the textile panel; therefore, even though Guillen describes its electronic device (i.e., the sensors) as being small and light weight, it still holds a load capable of weighing down the garment. Additionally, the claim language is silent on the effectiveness or the strength of the weight.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hanazawa and Haraikawa, as applied to claim 1 above, and further in view of (U.S. Patent No. 1350020 A).
Regarding claim 13, Hanazawa/Haraikawa combination discloses the invention substantially as claimed in claim 1 and discussed above.
However, they do not disclose wherein the textile panel is bias cut.
1350020 A, in the same field of endeavor, teaches details of construction of a wearing apparel comprising cutting sections of the garment in bias cuts, so that the garment readily gives or yields with the bending or movements of the body without binding (page 1, lines 10-21).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the textile panel of Hanazawa to be cut bias to provide bending or movement without binding.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hanazawa and Haraikawa, as applied to claim 1 above, and further in view of Kim (U.S. Application No. 20160045135 A1).
Regarding claim 19, Hanazawa/Haraikawa combination discloses the use of a single use or rechargeable battery (Hanazawa, Col. 9, lines 11-12).
However, they do not disclose wherein power source visually indicates an amount of charge remaining for the power source.
Kim, in the same field of endeavor, teaches a power source (i.e., battery 150) connected to a notification system (180) which visually indicates an amount of charge remaining in the power source (pa. 0128).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have added the notification system of Kim to the biosensing garment of Hanazawa in order to alert the user if the battery needs replacing/charging.
Response to Arguments
Applicant's arguments see pages 6-9 of the Remarks filed 11/06/2025, with respect to the rejection of claim 1 under 35 U.S.C. 103 as unpatentable over the combination of Hanazawa in view of Haraikawa have been fully considered but are not persuasive.
With regards to claim 1, Applicant argues that the communication device of Hanazawa is “attached to the outer garment 140 in a fixed relationship; this is clearly required in order for the communication device 100 of Hanazawa to function, i.e., sensors 145 need to be in fixed relationship with the sensor identification region 141 of the outer garment 140. If not, the sensors 145 would move relative to the outer garment 140, meaning that user inputs via the sensor identification region 141 would either be not detectable by the sensors 120, because the sensors 120 have moved away from the sensor identification region 141, or registered incorrectly.” However, Examiner, respectfully, disagrees.
Hanazawa discloses the communication device/inner biosensing textile (100) comprising the textile panel (i.e., combination of casing 135 and inner fabric 110), the sensors/biosensing unit (145) positioned on the textile panel, the controller (130), and the holder (i.e., combination of male and female connectors 138 and 137) (see Fig. 1B). While Examiner concedes that the sensors/biosensing unit needs to be in a fixed relationship with the sensor identification region 141 of the outer garment 140 for the proper function of the communication device/inner biosensing textile, the communication device is designed to be attached to an item of apparel or incorporated into an interior, exterior, as a lining, as a sleeve, or combinations thereof of an item of apparel, or other convenient places for sending or receiving signals (Col. 1, lines 44-49; Col. 3, lines 44-46).
Although not explicitly shown in the drawings, Hanazawa describes various methods for attaching the printed circuit (125; which includes the sensors/biosensing unit (145)) located on the portion of inner fabric (110) to the garment (i.e., outer clothing fabric 140) via the use of a magnet, a zipper, snaps, magnetic snaps, Velcro, buttons, or combinations thereof with complementary elements on the garment to be attached to (Col. 17, lines 35-43). Lastly, Hanazawa illustrates multiple embodiments where the communication device/inner biosensing textile is able to be specifically tailored for use with different types of garments (see some non-limiting examples in Figs. 6-10B) and a persons of skill in the art should understand that a wide range of other clothing can be used, wherein the communication device can be attached and used to provide and receive signals to and from a user (Col. 16, lines 23-26), and other changes, substitutions, and alterations are also possible without departing from the spirit and scope of this disclosure (Col. 19, lines 25-28). Therefore, no matter how the communication device is incorporated into a piece of garment, the printed circuit will always be able to maintain contact with the sensor identification region of the outer clothing fabric thanks the different types of complementary connection methods between the inner fabric and the outer clothing fabric.
Additionally, the claim language is still broad enough to be interpreted such that the areas of the textile panel which includes the biosensing unit, the controller, and/or the electronic component are not specifically directed to be located at the first region or the second region. Meaning, the second region of the textile panel which is movable relative to the garment, may or may not include the areas of the garment with all the electronic components described in the claim. Therefore, Examiner is able to interpret the communication device of Hanazawa to be located on either the first region, unmovable relative to the garment, or the second region, movable relative to the garment, of the textile panel.
With regards to claim 23, Applicant argues that the Hanazawa reference does not disclose the controller being positioned at a distinct portion of the textile panel than the holder. Specifically alleging that since the connectors 137 and 138 (i.e., the holder) are holding controller 103, that they cannot be positioned at a distinct portion of a textile panel than controller. However, Examiner disagrees.
As seen in Fig. 1B of Hanazawa, connector (138) of the holder is positioned on a bottom surface (on the periphery) of the casing (135) and the complementary connector (137) of the holder is positioned on an upper surface of the inner fabric (110), while the controller (130) is only positioned on the middle surface of the casing. Examiner is interpreting “distinct portion of the textile panel” as any surface/area/region of the textile panel that is different from another surface/area/region. Therefore, since the surface/area/region of the casing where the controller is located is different from the combination of surfaces/areas/regions in which both halves of the holders are located, then this interpretation meets the claim language of the holder being located on distinct/separate/not the same surface/area/region of the textile panel than the controller.
Hence, the rejection of the combination of Hanazawa in view of Haraikawa is maintained based on the reasons set-forth above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.V.G./Examiner, Art Unit 3794
/Ronald Hupczey, Jr./Primary Examiner, Art Unit 3794