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 .
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: pneumatic module and control module in claim 1 and 37.
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 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 1-3,7,9-11,17,19,21,23-25,35 and 37-38 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 independent claims 1 and 37, the preamble states an air microfluidics and minifluidics garment, implying that both micro and mini channels are present. However, the body of the claims recites the garment comprises “air micro channels and/or air mini channels”. Therefore, it is unclear whether the claimed garment requires both air microfluidic and air minifluidic features, or alternatively either microfluidic or minifluidic features, rendering the claim to be indefinite.
Claim 1 and 37 recites elements including “one or more garments”, “one or more predetermined forces”, “one or more anatomical portions”, “one or more small-scale air channels”, “one or more sensors”, Claim 10 recites “one or more air microfluidics chips”. These elements are later referred to as “the garments”, “the forces”, “the anatomical portions”, “the small-scale air channels”, “the sensors”, and “the air microfluidics chips”. These claims introduce “one or more elements”, then later refer to “the elements”. It is unclear whether “the elements” refers to all of the previous recited “one or more elements” or only a sub-set of the group. Therefore, Claims 1, 10, 37 and their dependents are indefinite.
Claims 2, 3,7,9-11,17,19,21,23-25,35 and 38 are therefore rejected due to their dependency to claims 1 and 37.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 7 and 17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 7 and 17 are dependent to canceled claims; specifically, claim 7 is dependent to claims 1 to 6, while claims 4-6 are canceled, claim 17 is dependent to claims 1 to 16, while claims 12-16 are canceled. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. For examination purposes, Claim 7 will be interpreted as dependent to claims 1-3, Claim 17 will be interpreted as dependent to claims 1-3, 7 and 9-11.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 9, 19, 21, 23, 25, 35, 37, 38 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Barak et al. (US20050159690), hereafter Barak.
Regarding Claim 1, Barak discloses a wearable air microfluidics and minifluidics device (Abstract, “An automatic portable ambulant miniaturized system…”), for use with one or more garments worn by a user (Fig. 1, 18, the device is worn by an user), wherein the device comprises: (a) balloon actuators (Fig. 4, intra-cell compartments 7), configured for integration with the one or more garments (par. 0092, “by welding the inner and outer shells of the massaging sleeve along the boundaries of the intra-cell compartments”; the massaging sleeve is an garment), and configured to apply one or more predetermined forces to one or more anatomical portions of the user's body when inflated with gas (par. 0014, “When the cells are inflated, a pressure is applied to the body surface in contact with the cell”; par. 0218-0219 discloses air being used for inflation); wherein the forces comprise active compression and/or augmenting forces (par. 0027-0029); (b) an air channel module (Fig. 5 and 6) comprising one or more small-scale air channels in fluid communication with the balloon actuators (par. 0119, “A source of compressed air, such as a compressor 64, is powered by the batteries or the main electrical outlet, and connected to the sleeve or sleeves 52 by pneumatic conduits 54”); wherein the small-scale air channels comprise air micro channels and/or air mini channels (par. 0122 discloses the system uses miniaturized components, including compressor and valves); (c) a pneumatic module in fluid communication via the small-scale air channels with the balloon actuators (Fig. 5 , pressure system 50); wherein the pneumatic module, when activated, induces flow of the gas under pressure, through the small-scale air channels, to the balloon actuators (par. 0110); (d) one or more sensors, configured for integration with the one or more garments, and configured to generate signals based on biometric data and/or user motion detected at the garment (par. 0111, “respiration sensor 28. The respiration sensor 28 monitors the respiration cycle and provides signals to the pump unit 51”); and (e) a control module (Fig. 1, control unit 3) that selectively, depending upon the signals from the sensors, activates the pneumatic module to inflate and deflate the balloon actuators, to apply the predetermined forces to the anatomical portions of the user's body, based on the biometric data and/or user motion (par. 0083, “a sensor system that can identify in real time the different phases of the venous flow; e.g., the different phases of the respiratory cycle. As noted in the above example, when the sensor system of the present invention identifies an in-phase venous phasic flow; e.g., the beginning of the expiration phase; it sends an electrical signal to the control unit. If, according to the pre-programmed operation algorithm the device is on "standby" for sleeve inflation, the control unit triggers the pressure source to inflate the pressure sleeves so that the external pressure/compression is applied in-phase with the venous phasic flow.”).
Regarding Claim 2, Barak discloses the device according to claim 1, wherein the air channel module, the pneumatic module, and the control module are configured for secure attachment to the garments (Fig. 1, par. 0084).
Regarding Claim 9, Barak discloses the device according to claim 1, wherein the small- scale air channels are combined into a network (See Fig. 5, each air channel is connected to a balloon actuator to form a network); and wherein each respective one of the small-scale air channels is elastic, flexible, or rigid (par. 0110, each air channel is connected to the sleeve, Fig. 5 shows different curvature for the air channels, which implies that the air channels are capable of bending and therefore is inherently flexible).
Regarding Claim 19, Barak discloses the device according to claim 1, wherein the pneumatic module comprises a fluidic reservoir, and the pneumatic module draws gas from the fluidic reservoir (par. 0023, “All the above-described devices use a pump, a reservoir that receives pressurized air from the pump, an inflatable cuff for sequentially applying pressure to a limb, and means for intermittently and quickly transmitting pressurized air from the reservoir to the inflatable cuff”; The pneumatic module 50 includes a pump 51 which draws air from a reservoir).
Regarding Claim 21, Barak discloses the device according to claim 1, wherein the pneumatic module comprises a mini/micro air pump (par. 0115, “FIG. 6 is a schematic block diagram of a pump unit 60 that corresponds to further details of the pump unit 51 of FIG. 5”) and one or more mini/micro valves (Fig. 6, par. 0122, “The use of miniaturized components like the compressor 64 and solenoid valves 66, together with the miniature accessories”), configured for integration with the one or more garments (par. 0119, the pneumatic module is integrated with the garment), in fluid communication with the small-scale air channels (par. 0119, the valves are in fluid communication with the air channels).
Regarding Claim 25, Barak discloses the device according to claim 1, wherein the control module comprises physical hardware (Fig. 1, 2, control unit 3 has buttons for controlling operation, the buttons are a physical hardware), with at least some of the physical hardware configured for integration onboard the one or more garments (Fig. 1, control unit 3).
Regarding Claim 35, Barak discloses the device according to claim 1, wherein the device is adapted for use with garments which have an outer garment layer (par. 0092, “The intra-cell compartments 7 are formed, for example, by welding the inner and outer shells of the massaging sleeve along the boundaries of the intra-cell compartments”; the sleeve is formed by cells 7 which comprises an outer garment layer), and wherein each of the balloon actuators is configured to be positioned between the outer garment layer and the user's skin (par. 0092).
Regarding Claim 37, Barak discloses An air microfluidics and minifluidics garment, adapted to be worn by a user, (Abstract, “An automatic portable ambulant miniaturized system…”; Fig. 1), wherein the garment comprises: a) one or more outer garment layers (par. 0092, “The intra-cell compartments 7 are formed, for example, by welding the inner and outer shells of the massaging sleeve along the boundaries of the intra-cell compartments”; the sleeve is formed by cells 7 which comprises an outer garment layer); (b) balloon actuators (Fig. 4, intra-cell compartments 7), positioned between the outer garment layers and the user's skin (par. 0179), that apply one or more predetermined forces to one or more parts of the user's body when inflated with gas (par. 0014, “When the cells are inflated, a pressure is applied to the body surface in contact with the cell”; par. 0218-0219 discloses air being used for inflation); wherein the forces comprise active compression and/or augmenting forces (par. 0027-0029); (c) an air channel module (Fig. 5 and 6) comprising one or more small-scale air channels in fluid communication with the balloon actuators (par. 0119, “A source of compressed air, such as a compressor 64, is powered by the batteries or the main electrical outlet, and connected to the sleeve or sleeves 52 by pneumatic conduits 54”); wherein the small-scale air channels comprise air micro channels and/or air mini channels (par. 0122 discloses the system uses miniaturized components, including compressor and valves); (d) a pneumatic module in fluid communication via the small-scale air channels with the balloon actuators (pump unit shown in Fig. 5 and 6); wherein the pneumatic module, when activated, induces flow of the gas under pressure, through the small-scale air channels, to the balloon actuators (par. 0110); (e) one or more sensors that receive signals from the garment based on biometric data and/or motion of the user (par. 0111, “respiration sensor 28. The respiration sensor 28 monitors the respiration cycle and provides signals to the pump unit 51”); and (f) a control module (Fig. 1, control unit 3) that selectively, depending upon the signals from the sensors, activates the pneumatic module to inflate and deflate the balloon actuators, to apply the predetermined forces to the parts of the user's body, based on the biometric data and/or motion of the user (par. 0083, “a sensor system that can identify in real time the different phases of the venous flow; e.g., the different phases of the respiratory cycle. As noted in the above example, when the sensor system of the present invention identifies an in-phase venous phasic flow; e.g., the beginning of the expiration phase; it sends an electrical signal to the control unit. If, according to the pre-programmed operation algorithm the device is on "standby" for sleeve inflation, the control unit triggers the pressure source to inflate the pressure sleeves so that the external pressure/compression is applied in-phase with the venous phasic flow.”).
Regarding Claim 38, Barak discloses the garment according to claim 37, further comprising at least one inner garment layer that contacts the user's skin (par. 0092, “The intra-cell compartments 7 are formed, for example, by welding the inner and outer shells of the massaging sleeve along the boundaries of the intra-cell compartments”; the sleeve is formed by cells 7 which comprises an outer garment layer; the prior art discloses an inner garment that contacts the skin), wherein the balloon actuators are positioned between the outer garment layers and the inner garment layer, and wherein the air channel module (par. 0179), the pneumatic module, the sensors, and the control module are securely attached to the outer garment layers and/or to the inner garment layer (Fig. 1-3).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barak.
Alternatively, regarding Claim 1, Barak discloses a wearable air microfluidics and minifluidics device (Abstract, “An automatic portable ambulant miniaturized system…”), for use with one or more garments worn by a user (Fig. 1, 18, the device is worn by an user), wherein the device comprises: (a) balloon actuators (Fig. 4, intra-cell compartments 7), configured for integration with the one or more garments (par. 0092, “by welding the inner and outer shells of the massaging sleeve along the boundaries of the intra-cell compartments”; the massaging sleeve is an garment), and configured to apply one or more predetermined forces to one or more anatomical portions of the user's body when inflated with gas (par. 0014, “When the cells are inflated, a pressure is applied to the body surface in contact with the cell”; par. 0218-0219 discloses air being used for inflation); wherein the forces comprise active compression and/or augmenting forces (par. 0027-0029); (b) an air channel module (Fig. 5 and 6) comprising one or more small-scale air channels in fluid communication with the balloon actuators (par. 0119, “A source of compressed air, such as a compressor 64, is powered by the batteries or the main electrical outlet, and connected to the sleeve or sleeves 52 by pneumatic conduits 54”); (c) a pneumatic module in fluid communication via the small-scale air channels with the balloon actuators (pump unit shown in Fig. 5 and 6); wherein the pneumatic module, when activated, induces flow of the gas under pressure, through the small-scale air channels, to the balloon actuators (par. 0110); (d) one or more sensors, configured for integration with the one or more garments, and configured to generate signals based on biometric data and/or user motion detected at the garment (par. 0111, “respiration sensor 28. The respiration sensor 28 monitors the respiration cycle and provides signals to the pump unit 51”); and (e) a control module (Fig. 1, control unit 3) that selectively, depending upon the signals from the sensors, activates the pneumatic module to inflate and deflate the balloon actuators, to apply the predetermined forces to the anatomical portions of the user's body, based on the biometric data and/or user motion (par. 0083, “a sensor system that can identify in real time the different phases of the venous flow; e.g., the different phases of the respiratory cycle. As noted in the above example, when the sensor system of the present invention identifies an in-phase venous phasic flow; e.g., the beginning of the expiration phase; it sends an electrical signal to the control unit. If, according to the pre-programmed operation algorithm the device is on "standby" for sleeve inflation, the control unit triggers the pressure source to inflate the pressure sleeves so that the external pressure/compression is applied in-phase with the venous phasic flow.”).
In case where Barak does not anticipate wherein the small-scale air channels comprise air micro channels and/or air mini channels. Barak teaches using miniature components such as compressor, valves, and other accessories will result in less power consumption, lightweight and smaller dimensions (par. 0122). Therefore, it would have been obvious for one of ordinary skilled in the art to optimize the size of the air channels, to utilize air micro channels or air mini channels for better clinical results. Such modification is a matter of routine optimization and would have been obvious based on the teaching of Barak, In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim(s) 3, 7, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barak, in view of Ramanan et al. (US20200113773), hereafter Ramanan.
Regarding Claim 3, Barak discloses the device according to claim 1, wherein the air channel module is configured to induce passive delays in pressurization and depressurization of the balloon actuators (par. 0124, “The control unit can be programmed to achieve any desired inflating and deflating sequence and timing including delay intervals, in accordance with clinical application”).
Barak is silent on the air channel module is configured to use equivalent hydraulic resistance.
However, Ramanan teaches a wearable air microfluidic device (Fig. 1, par. 0010, “The first and second layers form a garment wearable by a user. The first layer forms a plurality of interconnected micro-chambers”), comprises of one or more air channels (Fig. 6 show air channels connected to balloon actuators), wherein the air channel module is configured to use equivalent hydraulic resistance (par. 0235, the air channels are configured to determine impedance, equivalent hydraulic resistance is the impedance at steady flow). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the device of Barak, with the device of Ramanan, and use impedance to assess a swelling condition of the user as taught by Ramanan (Ramanan, par. 0235).
Regarding Claim 7, Barak discloses the device according to any one of claims 1 to 6, but is silent on wherein at least a portion of the air channel module is configured for selectively removable integration with the one or more garments.
However, Ramanan further teaches wherein at least a portion of the air channel module (par. 0183, valve interface 1008, “the interface 1008 may be a discrete component or unit that is removable or dis-connectable from the CPG device 1002 and the compression garment 1004”) is configured for selectively removable integration with the one or more garments. Therefore, it would have been obvious for one of ordinary skilled in the art to modify the device of Barak, and have the valves removable from the garment, for modular design and user comfort as taught by Ramanan (Ramanan, par. 0183).
Regarding Claim 24, Barak discloses the device according to claim 1, but is silent on wherein the control module operatively executes an artificial neural network subroutine to determine user motion patterns of the user's body and/or said anatomical portions of the user's body.
However, Ramanan further teaches a control module (par. 0094, control device 1010), wherein the control module operatively executes an artificial neural network subroutine to determine user motion patterns of the user's body and/or said anatomical portions of the user's body (par. 0094, “the application 2011 of the control device 1010 can be configured to provide limb, pressure, and usage feedback information to a user. The application 2011 can serve as a virtual coach such as by employing an artificial intelligence chat program”). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known device of Barak, with the control application of Ramanan, to provide limb feedback information as taught by Ramanan (Ramanan, par. 0094).
Claim(s) 10, 11, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barak, in view of Zhou et al. (US7976795), hereafter Zhou.
Regarding Claim 10, Barak discloses the device according to claim 1, but is silent on wherein the air channel module further comprises: (a) one or more air microfluidics chips
However, Zhou teaches an air microfluidic chip (Fig. 2), used in a pneumatic system for controlling one or more valves (Abstract). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the device of Barak, with the microfluidic chip of Zhou, as both are directed to solving the same problem of controlling vales and pumps for fluid management. Furthermore, Barak discloses the use of miniaturized components can yield improved clinical results (Barak, par. 0122), and the microfluid chip of Zhou represents a known miniaturized component suitable for integration into the device of Barak with a reasonable expectation of success.
The modified Barak further discloses (b) an elastic mini channel network that is configured for integration with the one or more garments (Barak, par. 0084 discloses mini air channels that are elastic); wherein the small-scale air channels are embodied in both the air microfluidics chips and the elastic mini channel network (Barak, par. 0122; Zhou, Fig. 4A-F shows small scale air channels); and wherein at least some of the small-scale air channels embodied in the elastic mini channel network are said air mini channels and are elastic (Barak, par. 0084).
Regarding Claim 11, the modified Barak discloses the device according to claim 10, wherein the air channel module further comprises an air microfluidics socket that is adapted to receive at least a first selected one of the air microfluidics chips in fluid communication with the elastic mini channel network (Barak, Fig. 19 shows a console connected to the elastic mini channel network, par. 0220 and Fig 1 shows belts and clips that serves as socket to receive the console; therefore, after the modification, the prior art will comprise a socket for receive the air microfluidic chip for carrying purposes).
Regarding Claim 17, the modified Barak discloses the device according to any one of claim 1 to 16, wherein at least a portion of the pneumatic module is configured for selectively removable integration with the one or more garments. (Barak, Fig. 16, par. 0183, “the pressure accumulator 110 is a device that is separate, e.g., non-integral, from the other components of the compression system. The pressure accumulator 110 can then be located at any convenient location that the user desires”; the prior art discloses an accumulator which is part of the pneumatic module that can be separate or connected to the sleeve).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barak, in view of
Regarding Claim 23, Barak discloses the device according to claim 1, wherein the control module collects sensor data such as ECG, EMG, etc, but is silent on the control module operatively executes a sensor fusion subroutine to reconcile and combine the signals from the sensors into a substantially complete dataset of the biometric data and/or user motion that was detected at the garment.
However, Douglas teaches a compression therapy garment device (Abstract), comprising of a control module (par. 0051, “a garment connected controller may be configured to operate under the direction of a mobile device”) and sensors (par. 0017, “One or more sensors may be included in inflatable garment 110 and/or the wearable controller 115 to monitor one or more parameters of the untethered compression therapy system 105”), wherein the control module operatively executes a sensor fusion subroutine to reconcile and combine the signals from the sensors into a substantially complete dataset of the biometric data and/or user motion that was detected at the garment (par. 0052, “For example, health data and/or device data may be collected during a therapy session. By way of example and not limitation, health data may include, for example, limb density, body temperature, heart rate…”; par. 0052-0055, the data collected may be combined and upload to a database, and can be used for programs of the controller). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known device of Barak, with the device of Douglas, to combine the collected data into a database for convenient access and programing as taught by Douglas (Douglas, par. 0052-0055)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US10638927 discloses a wearable garment, comprising of inflatable pockets controlled by microfluidic structures that can be activated by gas (col. 10, line 3-12).
US20140343599 discloses a compression device with inflatable bladders supplied by microfluidic pump (par. 0158, Fig. 1-3)
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/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785