DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16th September 2026 has been entered.
Response to Amendment
The amendments filed 16th September 2026 have been entered. Claims 1, 4-11, 13 & 15-20 are pending. Claims 2-3 have been canceled.
Response to Arguments
Applicant's arguments filed 16th September 2026 have been fully considered but they are not persuasive.
Applicant argues Macia in view of Woltermann as evidenced by Sarkhar does not disclose ‘wherein a loop density of the plurality of floating weft yarns is greater than a loop density of the plurality of friction yarns, and the plurality of floating weft yarns construct a loop section of a loop and hook wrap fastener.
Applicant' s arguments regarding loop density have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant further argues Macia does not disclose “the first elastic extension rate is 130% to 160%, and the second elastic extension rate is 110% to 120%”, stating “Furthermore, in page 6, the Office action cites paragraph [0091] of Macia, and asserts that the coating of an insulating material of Macia corresponds to the claimed insulating film. However, referring to paragraph [0091], the insulating material includes silicone rubber and/or fluorsilicone rubber, which may be referred as the flexible material to enable to be held in very good conformity and electrical surface-contact with the patient’s skin during the flexing and stretching according to paragraph [0092]. Therefore, Macia does not disclose “the first elastic extension rate is 130% to 160%, and the second elastic extension rate is 110% to 120%”.
It is not clear what the argument is with respect to the limitation quoted. Initially, it appears that the Applicant is arguing that the insulating material of Macia that is mapped to the insulating film of the Applicant’s invention may be improper, citing Para. [0091] as it is mapped to the insulating film. However, Applicant recites the paragraphs (Para. [0091-0092]), stating what Macia teaches within those paragraphs, then states ‘Therefore, Macia does not disclose “the first elastic extension rate is 130% to 160% and the second elastic extension rate is 110% to 120%”’ yet the examiner did not utilize these paragraphs for these particular limitations. Examiner instead stated that the general conditions of the claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine optimization. See MPEP 2144.05 II. A.. The examiner’s mapping of these citations appears to be omitted from the arguments and thus are not argued. The elastic extension rates were first introduced generally (Claim 1) and then narrowed (Claims 2 & 3), mapped to the art as follows:
Previously Claim 1: “wherein a segment of the garment not covered by the insulating film has a first elastic extension rate which is an elastic extension rate of the garment (Macia: Para. [0079] ‘the fabric is able to stretch … at least 130% … at least 160%’),
a segment of the garment covered by the insulating film has a second elastic extension rate which is an elastic extension rate of the garment being coated with the insulating film, and the first elastic extension rate is greater than the second elastic extension rate (Note: the section of the garment covered by the insulating film would have a second elastic extension rate that is less than the first extension rate of the garment.)”
Note: The narrowed elastic extension rate limitations were mapped as follows, and remain this way within this office action, updated to be within Claim 1 due to amendments:
Previously Claim 2: wherein the first elastic extension rate is 130% to 160% (Macia: Para. [0079] ‘the fabric is able to stretch … at least 130% … at least 160%) Para. [0079]).
Previously Claim 3: Macia does not explicitly disclose the second elastic extension rate is 110% to 120%.
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the second elastic extension rate to be in the range of 110% to 120% as a matter of determining an optimum value. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine optimization. See MPEP 2144.05 II. A..
Applicant’s arguments regarding these limitations are not persuasive.
All citations have been updated below to account for amendments.
Specification
The disclosure is objected to because of the following informalities:
Para. [0042] ‘the holes 120’, should read ‘the holes 130’.
Appropriate correction is required.
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, 4-11, 13, 15-20 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.
Claim 1, ‘the basic units’, there is insufficient antecedent basis for this limitation in this claim. Examiner notes the limitation should read ‘the plurality of basic units’
Claims 4-11, 13 and 15-20 are rejected for their dependence on a rejected claim.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4-10 & 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190183421 A1 to Macia et al. (hereinafter, Macia) in view of WO 2020153160 A1 to Sagara in view of US 20180325452 A1 to Woltermann, as evidenced by Ali Rayhan Sarkhar (hereinafter, Sarkhar), Frictional Properties of Textile Fibers and its Effect in Fiber Processing 18th February 2021, https://textilelearner.net/frictional-properties-of-textile-fibers/.
Regarding Claim 1, Macia discloses a wearable electromyography device (Macia: Para. [0063] ‘an electromyogram sensor (EMG)’), comprising:
a garment (Macia: Para. [0053] ‘a sensor 1 adapted to be integrated in a garment 7’) comprising a plurality of anchor structures (Macia: Para. [0151] ‘wherein the conductive fibers are made of silver coated nylon (X-static® yarns from Laird Sauquoit Industries) and non-conductive fibers are made of nylon.’) disposed on a first surface of the garment (Macia: Para. [0045] ‘The fabric may, for example, be manufactured by means of weaving, braiding, knitting or any other known method in the art.’) and
a plurality of holes penetrating the garment (Macia: Para. [0053] ‘comprises a plurality of orificies 6 or grooves 11 in a predefined pattern’), wherein the garment comprises:
a plurality of basic units, each of the basic units comprising: a plurality of elastic yarns (Macia: Para. [0058] ‘with elastic yarns (such as LYCRA® branded spandex from INVISTA™ S.a.r.l).’);
a plurality of friction yarns wound on the plurality of elastic yarns (Macia: Para. [0058] ‘a conductive fiber is made of silver coated nylon (such as X-STATIC® yarns from Laird Sauquoit Industries)’); and
a plurality of floating weft yarns (Macia: Para. [0058] ‘a non-conductive fiber is made of nylon’) wrapped on an outer facing side of the friction yarns (Macia: Fig. 1D),
a plurality of fabric electrodes disposed on the first surface of the garment (Macia: Para. [0124] ‘shirt with textile electrodes knitted into the fabric’); and
an insulating film disposed on the first surface of the garment (Macia: Para. [0091] ‘the fabric further comprises a coating of an insulating material covering a sensor’),
wherein each of the plurality of fabric electrodes has a central region and a peripheral region surrounding the central region (Macia: Fig. 2; Note: The central region is interpreted as the skin facing surface of the electrode, the peripheral region is interpreted to be at least the edge sides of the electrode which surround the central region.),
wherein a segment of the garment not covered by the insulating film has a first elastic extension rate which is an elastic extension rate of the garment (Macia: Para. [0079] ‘the fabric is able to stretch … at least 130% … at least 160%’),
a segment of the garment covered by the insulating film has a second elastic extension rate which is an elastic extension rate of the garment being coated with the insulating film, and the first elastic extension rate is greater than the second elastic extension rate (Note: the section of the garment covered by the insulating film would have a second elastic extension rate that is less than the first extension rate of the garment.),
wherein the first elastic extension rate is 130% to 160% (Macia: Para. [0079] ‘the fabric is able to stretch … at least 130% … at least 160%) Para. [0079])
wherein the plurality of anchor structures comprise the plurality of friction yarns (Macia: Para. [0151] ‘wherein the conductive fibers are made of silver coated nylon (X-static® yarns from Laird Sauquoit Industries) and non-conductive fibers are made of nylon.’) knitted into the garment structures (Macia: Para. [0045] ‘The fabric may, for example, be manufactured by means of weaving, braiding, knitting or any other known method in the art.’), and
Macia does not explicitly disclose wherein the second elastic extension rate is 110% to 120%.
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the second elastic extension rate to be in the range of 110% to 120% as a matter of determining an optimum value. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine optimization. See MPEP 2144.05 II. A..
Macia does not explicitly disclose a loop density of the plurality of floating weft yarns is greater than a loop density of the plurality of friction yarns, and the plurality of floating weft yarns construct a loop section of a loop and hook wrap fastener.
However, Sagara teaches a loop density of a plurality of floating weft yarns greater than a loop density of a plurality of friction yarns (Sagara: Para. [0023], [0062] ‘In hook/loop mixed type hook fasteners, the density of hook-shaped engaging elements and loop-shaped engaging elements is preferably 20 to 40 elements/cm²’), and the plurality of floating weft yarns construct a loop section of a loop and hook wrap fastener (Sagara: Para. [0023], [0036] ‘The weft yarn used in this invention must be a multifilament yarn…’, [0050] ‘multifilament yarn for loop-shaped engagement elements is woven in parallel with the warp threads, rises from the fabric base surface midway, and forms loops for loop-shaped engagement elements’ ).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the yarns of Macia by specifying a higher loop density of floating weft yarns as taught by Sagara in order to obtain a high density of engagement elements to improve engagement strength under shear loads (Sagara: Para. [0023]) and further, one of ordinary skill would choose the loop densities as desired as a matter of routine optimization through experimentation.
Macia does not explicitly disclose the peripheral regions of the plurality of fabric electrodes are sealed by the insulating film, and the central regions of the plurality of fabric electrodes are exposed by the insulating film.
However, Woltermann teaches the peripheral regions of the plurality of fabric electrodes are sealed by the insulating film, and the central regions of the plurality of fabric electrodes are exposed by the insulating film (Woltermann: Para. [0024] ‘wherein the insulating structure at least completely covers the conducting structure and the terminal, and, in order to ensure that said conducting structure and terminal are well insulated from the body, the covering can be far over the edge of said components, but at least partially does not cover the electrodes, wherein, in order to protect the electrodes from wear, covers the edges of the electrodes, but at the same time leaves the surface of the electrodes free in order to permit direct contact with the skin.’)
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the insulating material of Macia by rearranging the insulating film to cover the peripherals of each of the electrodes as taught by Woltermann. This rearrangement of parts would involve adapting the insulating material to cover the peripherals using a known method to provide predictable results, in this case it is done for the sake of safety and protecting the electrodes from wear (Woltermann: Para. [0048]; Note: The covering of conductive materials by insulating materials is known to provide safety, in this case by creating a physical barrier to prevent accidental contact with the conductive parts of the electrode, preventing electric shock.)
Regarding Claim 4, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses wherein the plurality of holes are respectively disposed between the plurality of anchor structures (Macia: Para. [0048] ‘the orifices 6 of the electrode 3 as depicted in FIG. 1A show a circular or geometric pattern; Fig. 1D).
Regarding Claim 5, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses wherein the garment comprises a first region and a second region, and a distribution density of the plurality of holes at the first region is greater than a distribution density of the plurality of holes at the second region (Macia: Para. [0050] ‘a plurality of orificies 6 or grooves 11 present different patterns, including, without limitation, circular, sinusoidal, straight lines, hexagon, pentagon, tetragon, triangle, square, diamond and other geometric shapes, or a combination thereof.’; Para. [0051] ‘electrode 3 comprises one or more orifices 6 of any shape and size’; Note: multiple electrodes anchored into the garment with differing patterns and varying size result in a differing distribution density of the plurality of holes and would be considered regions comprised within the garment, thus Claim 5 falls within the scope of the prior art).
Regarding Claim 6, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses further comprising a wrap fastener connected to the garment (Macia: Para. [0119] ‘Any kind of a fastener that allows, without limitation, an electronic device to be easily attached and detached may be used. In an embodiment, in use said electronic device is attached, without limitation on the outside of the garment and may be easily attached and detached by a user’).
Regarding Claim 7, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 6. Macia further discloses wherein the wrap fastener comprises a loop and hook fastener (Macia: Para. [0119] ‘…a conductive Velcro®).
Regarding Claim 8, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses comprising a plurality of conductive pieces disposed on the garment and connected to the plurality of fabric electrodes, respectively (Macia: Para. [0053] ‘the conductive layer 2 … an electrical connector 5 connected with the track 4).
Regarding Claim 9, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 8. Macia further discloses comprising a wireless transmission module connected to the plurality of conductive pieces (Macia: Para. [0081] ‘electronic instrument 14 that is attached to an electrical connection either directly or through, without limitation a wire, Bluetooth, wireless, RF wireless, other wireless, infrared, laser or optical that is adapted to receive, collect, process, store, and/or transmit data from sensors 1 incorporated in a garment’).
Regarding Claim 10, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 8. Macia further discloses further comprising a plurality of fabric wirings connecting to the plurality of fabric electrodes to the plurality of conductive pieces (Macia: Para. [0104] ‘where the circuit board is a fabric mesh and a wiring system is conductive silicone printed on the fabric of the garment.’),
wherein the insulating film covers the plurality of fabric wirings (Macia: Para. [0104] ‘coating a layer of an insulating material covering the first layer of the silicone rubber loaded with an electrically conductive material’).
Regarding Claim 15, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses wherein the plurality of friction yarns are knitted into the garment by flat knitting (Macia: Para. [0045] ‘The fabric may, for example, be manufactured by means of weaving, braiding, knitting or any other known method in the art.’; Note: Flat knitting is a known method in the art.).
Regarding Claim 16, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses wherein the plurality of friction yarns are knitted into the garment by warp knitting (Macia: Para. [0045] ‘The fabric may, for example, be manufactured by means of weaving, braiding, knitting or any other known method in the art.’; Note: Warp knitting is a known method in the art.).
Regarding Claim 17, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses wherein the garment comprises:
a plurality of linking yarns selectively interconnecting the plurality of basic units (Macia: Para. [0059] ‘the high degree of adhesion strength between a fabric and a flexible, elastic and electrically conductive material, including, without limitation, silicone rubber and/or flurorosilicone rubber including an electrically conductive material is achieved by the coating material penetrating the interstices between the strands anchoring with the structure of the fibers of the fabric, resulting in the integration of the elastic and electrically conductive material into the fabric.’; Note: any of the yarns can be considered a plurality of linking yarns configured to be selectively interconnecting the plurality of basic units).
Regarding Claim 18, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 17. Macia further discloses wherein the plurality of holes are spaces between the plurality of basic units without being interconnected by the plurality of linking yarns (Macia: Para. [0053] ‘wherein the electrode 3 of the conductive layer 2 comprises a plurality of orificies 6 or grooves 11 in a predefined pattern filled with an anti-slip material.; Note: The orifices are defined by the interconnected fibers of the conductive layer, not interconnected themselves, the orifices are filled with an anti-slip material such as silicone rubber Fig. 1D; Para. [0042], lines 5-13).
Regarding Claim 19, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 17. Macia further discloses wherein the plurality of linking yarns interconnect the plurality of friction yarns of the plurality of basic units (Macia: Para. [0059] ‘the high degree of adhesion strength between a fabric and a flexible, elastic and electrically conductive material, including, without limitation, silicone rubber and/or flurorosilicone rubber including an electrically conductive material is achieved by the coating material penetrating the interstices between the strands anchoring with the structure of the fibers of the fabric, resulting in the integration of the elastic and electrically conductive material into the fabric.).
Regarding Claim 20, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 17. Macia further discloses wherein an inner facing side of the plurality of friction yarns (Macia: Para. [0058] ‘a conductive fiber is made of silver coated nylon (such as X-STATIC® yarns from Laird Sauquoit Industries)’)
is free of being wrapped by the plurality of floating weft yarns (Macia: Para. [0058] ‘a non-conductive fiber is made of nylon’; Note: The conductive layer houses the plurality of friction yarns, free of the non-conductive fibers (weft yarns are interpreted as any yarn that could run horizontally across fabric); Para. [0053] ‘ as depicted in FIG. 2, the conductive layer 2 is made of conductive material, selected from conductive fabric…a conductive layer 2 to be placed in contact with the skin 12 for receiving physiological signals comprising at least: an electrode 3; a track 4; and an electrical connector 5 connected with the track 4; wherein the electrode 3 of the conductive layer 2 comprises a plurality of orificies 6 or grooves 11 in a predefined pattern filled with an anti-slip material.’).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Macia in view of Sagara in view of Woltermann in further view of US Pub. App. No. 20120144561 A1 to Begriche et al. (hereinafter, Begriche), as evidenced by Sarkhar.
Regarding Claim 11, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia further discloses the plurality of fabric electrodes comprising a first differential electrode pair (Fig. 4 item 1 sensors).
Macia does not explicitly disclose a second differential electrode pair, and a reference electrode.
However, Belgriche teaches a plurality of electrodes provided in pairs and a reference electrode accompanying each pair of electrodes (Belgriche: Para. [0034] ‘A reference electrode may be provided with a pair of electrodes. Alternatively, a plurality of electrodes are provided in pairs’).
One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the electrodes of Macia to include a plurality of electrode pairs with a reference electrode as taught by Belgriche to provide information on the target muscle from a different angle, providing additional information useful for diagnostics. Belgriche further teaches that other configurations of electrodes in the garment would be readily apparent to those skilled in the art. (Belgriche: Para. [0034] ‘each pair acts as a "lead" in order to provide information on the muscle or neurons from a different angle… Other configurations of electrodes in the garment 100 will be readily apparent to those skilled in the art.’).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Macia in view of Sagara in view of Woltermann in further view of US Pub. App. No. 20110024940 A1 to Qureshi et al. (hereinafter, Qureshi) as evidenced by Sarkhar.
Regarding Claim 13, Macia in view of Sagara in view of Woltermann discloses the invention as discussed above in Claim 1. Macia does not explicitly disclose the area ratio of the plurality of holes to garment being 10% to 15%.
However, Qureshi teaches an area ratio of the plurality of holes to the garment can be between 0.1 and 10%, which falls within the scope of the invention (Qurechi: Para. [0054] ‘The percent open area can be between 0.1 and 10%’; Para. [0131] ‘Percent open area is the ratio of the total open area of the holes to the total area of the specimen times 100.’).
One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the area ratio of the orifices of Macia to have an open area of 10% as taught by Qureshi in order to enable improved stretching of the material (Qurechi: Para. [0005] ‘stretchable for conforming fit and vapor permeable for providing breathability.’).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN CURTIS BROUGHTON whose telephone number is (571)272-2891. The examiner can normally be reached Monday - Friday, 8am-4pm EST..
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/SHAWN CURTIS BROUGHTON/Examiner, Art Unit 3791
/PATRICK FERNANDES/Primary Examiner, Art Unit 3791
