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 .
This action is in response to the filing on 9/16/2025. Since the previous filing, claims 1-6 and 10-11 have been amended, claims 12-20 have been cancelled and claims 21-29 have been added. Thus, claims 1-11 and 21-29 are pending in the application.
In regards to the previous 112 Rejections, Applicant has not addressed these rejections and they are therefore maintained, modified for the cancelled and added claims.
In regards to the previous 101 Rejections, Applicant has not addressed these Rejections and they are maintained, modified for the cancelled and added claims.
In regards to the previous 103 Rejections, Applicant has amended to overcome these rejections and they are therefore withdrawn with new rejections entered below.
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 2 and 23 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “newtons” in claim 2 and 23 is used by the claim to represent “pressure,” while the accepted meaning is “force.” The term is indefinite because the specification does not clearly redefine the term. For the purpose of examination, the Examiner is interpreting as if the claim reads “pascals” which is the proper unit of measurement for pressure.
Claims 2 and 23 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.
Claim 2 recites the limitation "the first set of pressure measurements" in line 2. There is insufficient antecedent basis for this limitation in the claim. Preceding claim 1 introduces “a first set of pound-force per square inch (PSI) measurements” and “a first set of pneumatic actuators” but no longer introduces “a first set of pressure measurements”. Examiner suggests changing to “a first set of pressure measurements” to overcome this rejection.
Claim 23 recites the limitation "the first set of pressure measurements" in line 2. There is insufficient antecedent basis for this limitation in the claim. Preceding claim 1 introduces “a first set of pound-force per square inch (PSI) measurements” and “a first set of pneumatic actuators” but no longer introduces “a first set of pressure measurements”. Examiner suggests changing to “a first set of pressure measurements” to overcome this rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 3 and 24 are rejected under 35 U.S.C. 101 because Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 3 and 24 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claims 3 and 14 recite the limitations “wherein the first wearable fabric is physically attached to the human body part” in lines 3-4. This limitation positively recites the human body part. Examiner suggests changing to “wherein the first wearable fabric is configured to be physically attached to the human body part” to overcome this rejection.
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) 1-2, 4-5, 10-11, 21-23 and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2022/0374080) in view of Ly (US 2020/0000377) and Walsh (US 2022/0047444).
In regards to claim 1, Lee discloses a method comprising: receiving, on a human machine interface pad (user interface, paragraph 170), selection of a plurality of sensors activation to input tactile motion including a sequence of forces and locations for physical therapy to be applied by a phantom therapy (wearable device 2000, paragraph 170) device that is remote from the human interface pad (user profile data may be received from another electronic device, paragraph 170); storing a sequency of forces and positions in a therapy server (paragraph 63, 170 and 327); receiving, via a digital network from the therapy server (digital signal processing devices, paragraph 99), the selection programmed into the human machine interface pad and stored in the therapy server (paragraph 327); generating a first set of measurements based on the received sequence for each location (paragraph 141-148); transmitting the first set of measurements to the first set of pneumatic actuators coupled to the wearable fabric at the locations; and causing the first set of pneumatic actuators to generate mechanical motion based on the first set of measurements (contact pressure determined, paragraph 87, inner layer of clothing has fluid pocket, paragraph 282-283, paragraph 284) to apply therapy to the wearer of the wearable fabric remote from the human machine interface pad; sensing, using at least one feedback sensor, movement of the wearer of the wearable fabric; adjusting the first set of pneumatic actuators to generate an adjusted mechanical motion based on the sensed movement and storing the adjusted mechanical motion as an adjusted physical therapy; and further adjusting the first set of pneumatic actuators to generate a further adjusted mechanical motion based on demographics of the wearer and progress of the wearer with a stored therapy program (paragraph 141-148 and 327).
Lee does not teach wherein the clothing is fabric, using an application programing interface (API), or wherein pressure measurements are in pound per square inch.
However, Ly teaches clothing is fabric (paragraph 41) and using an application programing interface (API) (paragraph 147).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee wherein the clothing is fabric and using an application programing interface (API) as taught by Ly as these are common constructions and applications to be used in smart clothing.
Further, Walsh teaches inflatable actuators wherein pressure measurements in pound per square inch (paragraph 11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee wherein pressure measurements in pound per square inch as taught by Walsh as this is a common unit by which to measure pressure.
In regards to claim 2, Lee in view of Ly and Walsh teaches the method of claim 1 and Walsh further teaches wherein the force of the sequence corresponding to the first set of pressure measurements is measured in pascals (paragraph 161).
In regards to claim 4, Lee in view of Ly and Walsh teaches the method of claim 1.
Lee does not disclose further comprising: recording, using a microphone, audio of a user wearing the first wearable fabric; and transmitting the recording back to at least one of the therapy server, the human machine interface, or both to provide feedback on the physical therapy from the wearer of the wearable fabric.
However, Ly teaches further comprising: recording, using a microphone, audio of a user wearing the first wearable fabric; and transmitting the recording back to at least one of the therapy server, the human machine interface, or both to provide feedback on the physical therapy from the wearer of the wearable fabric (audio feedback possible, paragraph 54 and 57, voice recording, paragraph 82).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to further comprise recording, using a microphone, audio of a user wearing the first wearable fabric; and transmitting the recording back to at least one of the therapy server, the human machine interface, or both to provide feedback on the physical therapy from the wearer of the wearable fabric as taught by Ly as this would allow the device to respond to provide audio feedback to the user (Ly: paragraph 54 and 57 and 82).
In regards to claim 5, Lee in view of Ly and Walsh teaches the method of claim 1 and Lee further teaches further comprising: storing motion data in a database, wherein the motion data is associated with the first set of pneumatic actuators (device monitors and adjusts pressure while device is worn therefore would account for movement, sensor collection module 2350, pressure determination module 2330 and pressure adjustment module 2360, paragraph 87, in response to user activity state, paragraph 89); and using the stored motion in the database to further adjust the therapy applied by the wearable fabric and the first set of pneumatic actuators (paragraph 141-148, 284 and 327).
In regards to claim 10, Lee in view of Ly and Walsh teaches the method of claim 1 and the combination further teaches further comprising: receiving from the human machine interface pad, a second sequence of forces and locations for a second physical therapy (Lee: contact pressure measured for plurality of actuators, paragraph 287), which corresponds to a second set of PSI measurements corresponding to a second set of pneumatic actuators coupled to a second wearable fabric (Lee: individual adjustment of contact pressure for actuators, paragraph 287-289; Ly: paragraph 41); generating a second set of pound-force per square inch (PSI) measurements (Walsh: paragraph 11) based on the second sequence; and causing the first set of pneumatic actuators to generate mechanical motion based on the first set of PSI measurements and the second set of PSI measurements (Lee: individual adjustment of contact pressure for actuators based on pressure measurements, paragraph 287-289 and paragraph 141-148).
In regards to claim 11, Lee in view of Ly and Walsh teaches the method of claim 1 and Lee further discloses further comprising: receiving, from one or more sensors coupled to the first wearable fabric, feedback from a user wearing the first wearable fabric; and in response to receiving the feedback, generating a first adjusted set of PSI measurements; and transmitting the first adjusted set of PSI measurements to the first set of pneumatic actuators coupled to the first wearable fabric (paragraph 71).
In regards to claim 21, Lee discloses a non-transitory computer-readable storage medium, the computer-readable storage medium including instructions (paragraph 333) that when executed by a computer, cause the computer to: receive, on a human machine interface pad (user interface, paragraph 170), selection of a plurality of sensors activation to input tactile motion including a sequence of forces and locations for physical therapy to be applied by a phantom therapy (wearable device 2000, paragraph 170) device that is remote from the human interface pad (user profile data may be received from another electronic device, paragraph 170); store a sequency of forces and positions in a therapy server (paragraph 63, 170 and 327); receive, via a digital network from the therapy server (digital signal processing devices, paragraph 99), the selection programmed into the human machine interface pad and stored in the therapy server (paragraph 327); generate a first set of measurements based on the received sequence for each location (paragraph 141-148); transmit the first set of measurements to the first set of pneumatic actuators coupled to the wearable fabric at the locations; and cause the first set of pneumatic actuators to generate mechanical motion based on the first set of measurements (contact pressure determined, paragraph 87, inner layer of clothing has fluid pocket, paragraph 282-283, paragraph 284) to apply therapy to the wearer of the wearable fabric remote from the human machine interface pad; sense, using at least one feedback sensor, movement of the wearer of the wearable fabric; adjust the first set of pneumatic actuators to generate an adjusted mechanical motion based on the sensed movement and storing the adjusted mechanical motion as an adjusted physical therapy; and further adjust the first set of pneumatic actuators to generate a further adjusted mechanical motion based on demographics of the wearer and progress of the wearer with a stored therapy program (paragraph 141-148 and 327).
Lee does not teach wherein the clothing is fabric, using an application programing interface (API), or wherein pressure measurements are in pound per square inch.
However, Ly teaches clothing is fabric (paragraph 41) and using an application programing interface (API) (paragraph 147).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee wherein the clothing is fabric and using an application programing interface (API) as taught by Ly as these are common constructions and applications to be used in smart clothing.
Further, Walsh teaches inflatable actuators wherein pressure measurements in pound per square inch (paragraph 11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee wherein pressure measurements in pound per square inch as taught by Walsh as this is a common unit by which to measure pressure.
In regards to claim 22, Lee discloses a system (wearable device 2000) comprising: a processor (processor 1720); and a memory (memory 2300) storing instructions (paragraph 85) that, when executed by the processor, configure the system to: receive, on a human machine interface pad (user interface, paragraph 170), selection of a plurality of sensors activation to input tactile motion including a sequence of forces and locations for physical therapy to be applied by a phantom therapy (wearable device 2000, paragraph 170) device that is remote from the human interface pad (user profile data may be received from another electronic device, paragraph 170); store a sequency of forces and positions in a therapy server (paragraph 63, 170 and 327); receive, via a digital network from the therapy server (digital signal processing devices, paragraph 99), the selection programmed into the human machine interface pad and stored in the therapy server (paragraph 327); generate a first set of measurements based on the received sequence for each location (paragraph 141-148); transmit the first set of measurements to the first set of pneumatic actuators coupled to the wearable fabric at the locations; and cause the first set of pneumatic actuators to generate mechanical motion based on the first set of measurements (contact pressure determined, paragraph 87, inner layer of clothing has fluid pocket, paragraph 282-283, paragraph 284) to apply therapy to the wearer of the wearable fabric remote from the human machine interface pad; sense, using at least one feedback sensor, movement of the wearer of the wearable fabric; adjust the first set of pneumatic actuators to generate an adjusted mechanical motion based on the sensed movement and storing the adjusted mechanical motion as an adjusted physical therapy; and further adjust the first set of pneumatic actuators to generate a further adjusted mechanical motion based on demographics of the wearer and progress of the wearer with a stored therapy program (paragraph 141-148 and 327).
Lee does not teach wherein the clothing is fabric, using an application programing interface (API), or wherein pressure measurements are in pound per square inch.
However, Ly teaches clothing is fabric (paragraph 41) and using an application programing interface (API) (paragraph 147).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee wherein the clothing is fabric and using an application programing interface (API) as taught by Ly as these are common constructions and applications to be used in smart clothing.
Further, Walsh teaches inflatable actuators wherein pressure measurements in pound per square inch (paragraph 11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee wherein pressure measurements in pound per square inch as taught by Walsh as this is a common unit by which to measure pressure.
In regard to claim 23, Lee in view of Ly and Walsh teaches the system of claim 22 and Walsh further teaches wherein the force of the sequence corresponding to the first set of pressure measurements is measured in pascals (paragraph 161).
In regards to claim 25, Lee in view of Ly and Walsh teaches the system of claim 22.
Lee does not disclose further comprising: recording, using a microphone, audio of a user wearing the first wearable fabric; and transmitting the recording back to at least one of the therapy server, the human machine interface, or both to provide feedback on the physical therapy from the wearer of the wearable fabric.
However, Ly teaches further comprising: recording, using a microphone, audio of a user wearing the first wearable fabric; and transmitting the recording back to at least one of the therapy server, the human machine interface, or both to provide feedback on the physical therapy from the wearer of the wearable fabric (audio feedback possible, paragraph 54 and 57, voice recording, paragraph 82).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to further comprise recording, using a microphone, audio of a user wearing the first wearable fabric; and transmitting the recording back to at least one of the therapy server, the human machine interface, or both to provide feedback on the physical therapy from the wearer of the wearable fabric as taught by Ly as this would allow the device to respond to verbal commands (Ly: paragraph 82).
In regards to claim 26, Lee in view of Ly and Walsh teaches the system of claim 22 and Lee further discloses wherein the instructions further configure the system to: store motion data in a database, wherein the motion data is associated with the first set of pneumatic actuators (device monitors and adjusts pressure while device is worn therefore would account for movement, sensor collection module 2350, pressure determination module 2330 and pressure adjustment module 2360, paragraph 87, in response to user activity state, paragraph 89); and using the stored motion in the database to further adjust the therapy applied by the wearable fabric and the first set of pneumatic actuators (paragraph 141-148, 284 and 327).
Claim(s) 3 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2022/0374080) in view of Ly (US 2020/0000377) and Walsh (US 2022/0047444) as applied above and in further view of Robison (US 2022/0176545).
In regards to claim 3, Lee in view of Ly and Walsh teaches the method of claim 1 and Lee further teaches wherein the first wearable fabric is physically attached to the human body part (abstract, Fig 17a-17c).
Lee does not disclose further comprising: capturing, a set of images using an image capture device, the set of images comprising a range of motion of a human body part; and wherein the further adjusting includes using the set of images to generate a further adjusted mechanical motion.
However, Robison teaches further comprising: capturing, a set of images using an image capture device, the set of images comprising a range of motion of a human body part; and wherein the further adjusting includes using the set of images to generate a further adjusted mechanical motion (paragraph 49, 92 and 116).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to further comprise capturing, a set of images using an image capture device, the set of images comprising a range of motion of a human body part; and wherein the further adjusting includes using the set of images to generate a further adjusted mechanical motion as taught by Robison as this would allow the device to monitor the patient movement (Robison: paragraph 49).
In regards to claim 24, Lee in view of Ly and Walsh teaches the system of claim 22 and Lee further teaches wherein the first wearable fabric is physically attached to the human body part (abstract, Fig 17a-c).
Lee does not disclose further comprising: capturing, a set of images using an image capture device, the set of images comprising a range of motion of a human body part; and wherein the further adjusting includes using the set of images to generate a further adjusted mechanical motion.
However, Robison teaches wherein the instructions further configure the system to: capture, a set of images using an image capture device, the set of images comprising a range of motion of a human body part; and wherein the further adjusting includes using the set of images to generate a further adjusted mechanical motion (paragraph 49, 92 and 116).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to further comprise capturing, a set of images using an image capture device, the set of images comprising a range of motion of a human body part; and wherein the further adjusting includes using the set of images to generate a further adjusted mechanical motion as taught by Robison as this would allow the device to monitor the patient movement (Robison: paragraph 49).
Claim(s) 6-9 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2022/0374080) in view of Ly (US 2020/0000377) and Walsh (US 2022/0047444) as applied above and in further view of Zealand (US 2022/0004167).
In regards to claim 6, Lee in view of Ly and Walsh teaches the method of claim 1.
Lee does not disclose further comprising: causing display on a graphical user interface of a computing device, a set of pre- recorded therapy programs that include respective sequence of forces and locations and correspond to possible therapy available to a wearer of the wearable fabric.
However, Zealand teaches further comprising: causing display on a graphical user interface of a computing device (touch screen of user device 114, paragraph 73, display of patient metrics, paragraph 96), a set of pre- recorded therapy programs that include respective sequence of forces and locations and correspond to possible therapy available to a wearer of the wearable fabric (paragraph 118-119).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee t further comprise causing display on a graphical user interface of a computing device, a set of pre- recorded therapy programs that include respective sequence of forces and locations and correspond to possible therapy available to a wearer of the wearable fabric as taught by Zealand as this would allow the user to easily interact with the device to ensure they have the best treatment.
In regards to claim 7, Lee in view of Ly, Walsh and Zealand teaches the method of claim 6 and Lee further discloses further comprising: receiving a selection of a user interface element by a user, the selection comprising one or more pre-recorded therapy programs from the set of pre-recorded therapy programs (paragraph 323).
In regards to claim 8, Lee in view of Ly, Walsh and Zealand teaches the method of claim 6 and Zealand further teaches wherein the set of pre-recorded therapy programs are displayed based on user progress associated with a user wearing the first wearable fabric (paragraph 116-118).
In regards to claim 9, Lee in view of Ly, Walsh and Zealand teaches the method of claim 8 and Zealand further teaches further comprising: causing display of the user progress on the graphical user interface of the computing device, the user progress displayed as a graphical element, the graphical element comprising a comparison of the user progress in relation to a second set of user progress data (paragraph 95 and 116-118, Fig 2).
In regards to claim 27, Lee in view of Ly and Walsh teaches the system of claim 22.
Lee does not disclose further comprising: causing display on a graphical user interface of a computing device, a set of pre- recorded therapy programs that include respective sequence of forces and locations and correspond to possible therapy available to a wearer of the wearable fabric.
However, Zealand teaches wherein the instructions further configure the system to: cause display on a graphical user interface of a computing device (touch screen for user device 114, paragraph 73, display of patient metrics, paragraph 96), a set of pre-recorded therapy programs (paragraph 118-119) that include respective sequence of forces and locations and correspond to possible therapy available to a wearer of the wearable fabric.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee t further comprise causing display on a graphical user interface of a computing device, a set of pre- recorded therapy programs that include respective sequence of forces and locations and correspond to possible therapy available to a wearer of the wearable fabric as taught by Zealand as this would allow the user to easily interact with the device to ensure they have the best treatment.
In regards to claim 28, Lee in view of Ly, Walsh and Zealand teaches the system of claim 27 and Lee further discloses wherein the instructions include: receiving a selection of a user interface element by a user, the selection comprising one or more pre-recorded therapy programs from the set of pre-recorded therapy programs (paragraph 323).
In regards to claim 29, Lee in view of Ly, Walsh and Zealand teaches the system of claim 28 and the combination further teaches wherein the set of pre-recorded therapy programs are displayed based on user progress associated with a user wearing the first wearable fabric (paragraph 118-119).
Response to Arguments
In regards to the arguments concerning the independent claims, these arguments are in regards to the amendments made to the claims and are addressed in the new rejections entered above.
In regards to the arguments concerning the new claims, these arguments are addressed in the new rejections entered above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785