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 .
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 16-20,22-24,26 and 28-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurzweil et al., (US 20080287770; hereinafter Kurzweil) in view of Zhang, (US 20150335078).
Regarding claim 16, Kurzweil (Figures 7 and 12) discloses a bra (100) for use in measuring biosignals of a wearer ([0022], [0063]), the bra (100) comprising: a front region (front middle portion between the two cup portions); a rear region (rear portion); a pair of side regions (right and left cup and side portions between the front region and the rear region) extending between the front region (front side) and the rear region (rear side); an underband (108) extending below a lower edge of the front region, rear region, and side regions ([0063]); and a measuring apparatus comprising an electronics module (150) and a sensor assembly (158) comprising one or more sensors (156) arranged to measure one or more biosignals of the wearer ([0076]), wherein one of the regions holding a respective sensor comprises a first layer of material (inner layer of material 20) and a second layer of material (outer layer of material 20) forming a space (18) arranged to removably receive the electronics module (150), and wherein the first layer of material (inner layer of material 20) comprises an inner surface and an outer surface, the inner surface facing the skin of the wearer in use, and wherein at least part of the sensor assembly (158) extends beyond the inner surface so as to bring the at least part of the sensor assembly (158) into contact with the skin of the wearer when worn to enable the one or more sensors (156) to perform a measurement of the wearer ([0080], [0082]-[0083]).
Kurzweil fails to disclose wherein all of the sensor assembly is provided in the one of the side regions and is not provided in the underband. However, Zhang (Figure 15A) teaches a bra for use in measuring biosignals of a wearer ([0101]) comprising a front region (front middle portion between the two cup portions 10i’), a rear region (rear portion), and a pair of side regions (right and left cup 10i’ and side 15a’/15b’ portions between the front region and the rear region), wherein all of a sensor assembly (50a’+15a’ or 50b’+15b’) is provided in one of the side regions and is not provided in an underband (underband portion extending under the front, rear, and side regions as shown in Figure 15A), ([0100]-[0101]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kurzweil to include all of the sensor assembly provided in the one of the side regions and not provided in the underband, as taught by Zhang, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI)(C).
Regarding claim 17, Kurzweil (Figures 1 and 12) further discloses wherein the first layer of material (20) and the second layer of material (20) form a pocket (18), ([0080], [0082]-[0083]).
Regarding claim 18, Kurzweil (Figures 1 and 12) further discloses wherein the pocket (18) is an elastically resilient pocket ([0080], [0082]-[0083]).
Regarding claim 19, Kurzweil (Figures 1 and 12) further discloses wherein the pocket (18) is a hidden pocket ([0080], [0082]-[0083]).
Regarding claim 20, Kurzweil (Figures 1 and 12) further discloses wherein the inside of the pocket (18) is accessible to provide access to an electronics module of the measuring apparatus ([0080], [0082]-[0083]).
Regarding claim 22, Kurzweil (Figures 1 and 12) further discloses wherein the one or more sensors (156) are releasably connectable to the electronics module (150), ([0080], [0082]-[0083]).
Regarding claim 23, Kurzweil/Zhang further teaches wherein the front region (front side) comprises a front panel and the rear region (rear side) comprises a rear panel, and the front panel and/or the rear panel extend into the side region, and the pocket (18) is provided on or in the panel or panels in the side region ([0080], [0082]-[0083]).
Regarding claim 24, Kurzweil/Zhang further teaches wherein the side region comprises a side panel, and the pocket (18) is provided on or in the side panel ([0080], [0082]-[0083]).
Regarding claim 26, Kurzweil (Figures 1 and 12) further discloses wherein the electronics module (150) and the sensor assembly (158) are electrically or wirelessly connected ([0080], [0082]-[0083]).
Regarding claim 28, Kurzweil (Figures 1 and 12) further discloses wherein the one or more sensors (156) comprise one or more electrodes ([0080], [0082]-[0083]).
Regarding claim 29, Kurzweil (Figures 1 and 12) further discloses wherein the measuring apparatus is configured to make one or more of the following measurements: electrocardiography; bioelectricity; bioimpedance ([0080], [0082]-[0083]).
Regarding claim 30, Kurzweil/Zhang teaches a method of manufacturing a bra as claimed in claim 16, the method comprising the steps of: providing a bra (element 100 disclosed by Kurzweil; Figures 7 and 12) comprising: a front region (front middle portion between the two cup portions); a rear region (rear portion); a pair of side regions (right and left cup and side portions between the front region and the rear region) extending between the front region (front side) and the rear region (rear side); an underband (108) extending below a lower edge of the front region, rear region, and side regions ([0063]); and a measuring apparatus comprising an electronics module (150) and a sensor assembly (158) comprising one or more sensors (156) arranged to measure one or more biosignals of the wearer ([0076]); providing, in the one of the side regions, a first layer of material (inner layer of material 20) and a second layer of material (outer layer of material 20) forming a space (18) arranged for removably receiving the electronics module (150), wherein the first layer of material (inner layer of material 20) comprises an inner surface and an outer surface, the inner surface facing the skin of the wearer in use, and wherein at least part of the sensor assembly (158) extends beyond the inner surface so as to bring the at least part of the sensor assembly (158) into contact with the skin of the wearer when worn to enable the one or more sensors (156) to perform a measurement of the wearer ([0080], [0082]-[0083]).
Kurzweil fails to disclose wherein all of the sensor assembly is provided in the one of the side regions and is not provided in the underband. However, Zhang (Figure 15A) teaches a bra for use in measuring biosignals of a wearer ([0101]) comprising a front region (front middle portion between the two cup portions 10i’), a rear region (rear portion), and a pair of side regions (right and left cup 10i’ and side 15a’/15b’ portions between the front region and the rear region), wherein all of a sensor assembly (50a’+15a’ or 50b’+15b’) is provided in the one of the side regions and is not provided in an underband (underband portion extending under the front, rear, and side regions as shown in Figure 15A), ([0100]-[0101]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kurzweil to include all of the sensor assembly provided in the one of the side regions and not provided in the underband, as taught by Zhang, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI)(C).
Regarding claim 31, Kurzweil (Figures 1 and 12) further discloses wherein the first layer of material (20) and the second layer of material (20) form a pocket (18), ([0080], [0082]-[0083]).
Regarding claim 32, Kurzweil (Figures 1 and 12) further discloses wherein the pocket (18) is an elastically resilient pocket ([0080], [0082]-[0083]).
Response to Arguments
Applicant’s arguments, filed 03/16/2026, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references Kurzweil, which teaches a base bra, and Zhang, which teaches providing all of a sensor assembly in one side region of a bra and not in an underband of the bra. In combination, the modified device/method teaches the invention as claimed at least in amended independent claims 16 and 30.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE PREMRAJ whose telephone number is (571)272-8013. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794
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