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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/06/2026 has been entered.
Response to Amendment
The amendment filed 05/06/2026 has been entered. Claims 1-12, 16-18 and 25-29 remain pending in the application. Applicant’s amendments to the claims 1-12 and 25 have overcome the 35 USC § 101 rejections previously set forth in the Non-final Office Action mailed 02/06/2026.
Response to Arguments
Applicants’ arguments filed 05/06/2026 with respect to claim(s) 1, 25 and 29, regarding 35 USC § 103 rejections, have been considered but are moot because the new grounds of rejection have been presented in view of Finkelstein further in view of Nicolae.
Applicants’ arguments, see page 9-11, filed 05/06/2026, with respect to the rejection(s) of claim(s) 1-12 and 25 under35 USC § 101 have been fully considered and are persuasive. Applicants’ The USC § 101 of 1-12 and 25 has been withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 5-8, 10-11, 16 and 25-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poutiatine (previously cited) in view of Finkelstein (US 20230226345 A1) further in view of Nicolae (US 20220117558 A1).
Regarding claim 1, Poutiatine discloses: A system comprising: circuitry; ([0023]; Poutiatine discloses the transmission of data between module which is seen as circuitry) a wearable article in the form of a garment ([Figure 1]; (Garmet)) comprising: a sensor ([Figure 1]; Sensor 116); a memory configured to store wearable article size information ([0024]; ‘The identification module can also be loaded with a size of the garment 150 (e.g., small, medium, or large, etc.);” ; [0030]; “the exposure-tracking module 110 can include local memory… and to store incident solar radiation data and the identifier to memory.” Wherein the identifier contains garment size information); an interface for releasable mechanical connection to the circuitry ([0011]: “housing 112 configured to transiently attach to a port 124 on a garment 150” [0020] Further, Poutiatine recites a port that include a set of mechanical snap buttons configured to attach and detach, which is seen as mechanically connected. This port is configured to connect the housing to a garment which is seen as a wearable article ), wherein the interface is configured to permit the transfer of the wearable article size information from the memory to the circuitry connected to the interface ([0024]; ‘The identification module can also be loaded with a size of the garment 150 (e.g., small, medium, or large, etc.);” ; [0030]; “the exposure-tracking module 110 can include local memory… and to store incident solar radiation data and the identifier to memory.” Wherein the identifier contains garment size information), wherein the circuitry comprises: a first connection that connects to the memory of the wearable article when the circuitry is coupled to the wearable article via the interface; ([0030]; “In another implementation, the exposure-tracking module 110 can include local memory arranged in the housing 112 “ wherein the memory is located in the module and seen as connected) a second connection that connects to the sensor of the wearable article when the circuitry is coupled to the wearable article via the interface; ([Figure 1]; Poutiatine discloses a connection, as shown by the dotted line, connecting the sensor 116 and module 110) and a processor configured to read, via the first connection, the memory of the wearable article so as to obtain the wearable article size information determine,([0039]; “The software program can query the identification module of the garment 150 for the identifier and the identifier module can transmit the identifier through the port 124 of the garment 150 and the jack 114 coupled and the housing 112 to the controller 130 of the exposure-tracking module 110.” Wherein the identifier contains the garment size data and controller 130 is seen as the processor) a compensation that should be performed to sensor data received from the wearable article and obtain, via the second connection, sensor data from the sensor of the wearable article, and apply the determined compensation to the sensor data. ([0050] “Alternatively, the exposure-tracking module 110 can: record a first solar radiation value read from the ultraviolet sensor once the exposure-tracking module 110 enters an initial orientation window (e.g., defined by a 15° cone axially aligned with a target orientation); recalculate a second, tighter orientation window (e.g., defined by a 10° cone axially aligned with a target orientation); replace the first solar radiation value with a second solar radiation value read from the ultraviolet sensor once the exposure-tracking module 110 enters the second orientation window” ).
Poutiatine does not explicitly disclose: at least one electrode, and at least one conductive trace extending from the interface to the at least one electrode; Wherein the at least one electrode and the at least one conductive trace comprises an electrically conductive film electrically conductive yarn, or a conductive transfer integrated with the textile material of the garment; determine, based on the wearable article size information, a compensation that should be performed to a signal received from at least one electrode of the wearable article to compensate for electrical properties of the at least one electrode and/or the at least one conductive trace of the wearable article; and obtain, via the second connection, the signal from the at least one electrode sensor of the wearable article, and apply the determined compensation to the obtained signal.
However, Finkelstein discloses: at least one electrode ([0068]; Electrodes 1); and at least one conductive trace extending from the interface to the at least one electrode ([0101]; Signal pathway 2, which is seen as a conductive trace, is in electrical communication with electrode 1). Wherein the at least one electrode and the at least one conductive trace comprises an electrically conductive film electrically conductive yarn, or a conductive transfer integrated with the textile material of the garment ([0083]; Electrode 1 is disclosed as having a conductive layer that is made of a conductive textile).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the electrode as disclosed by Finkelstien. The motivation being the simple substitution of one known element, the sensor as disclosed by Poutiatine, for another, the electrode as disclosed by Finkelstien, to obtain the predictable result of recording physiological signals.
However, Nicolae discloses: Determine, based on the wearable article size information, a compensation that should be performed to a signal received from at least one electrode of ([0260]; Processing algorithm, which is seen as a compensation, influenced by garment size. [0027]; The processing algorithm is disclosed as being a signal processing algorithm) the wearable article to compensate for electrical properties of the at least one electrode and/or the at least one conductive trace of the wearable article ([0260]; The algorithm uses capacitance data, capacitance is seen as electrical properties); and obtain, via the second connection, the signal from the at least one electrode of the wearable article, and apply the determined compensation to the obtained signal. ([0258]; The algorithm is described as transforming data obtained by the sensors, which is seen as applying a compensation to an obtained signal)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the algorithm as disclosed by Nicolae. The motivation being to assist in mitigating the artifacts caused by movement ([0076]).
Regarding claim 2, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine further discloses: wherein the processor is further configured to obtain, via the first connection, information relating to the wearable article from the memory of the wearable article([0029]; “the exposure-tracking module 110 can include local memory arranged in the housing 112; and a controller 130 arranged in the housing 112 and configured to sample the radiation sensor 116, to read an identifier from an identification module in a connected garment 150”) Poutiatine does not explicitly disclose: obtain, information relating to the electrical properties of the at least one electrode and/or the at least one conductive trace from the memory of the, is further configured to determine, based on the wearable article size information and the information relative to the electrical properties, the compensation that should be performed to the signal to compensate for the electrical properties of the at least one electrode and/or the at least one conductive trace of the wearable article and is further configured to apply the determined compensation to the obtained signal, via the second connection, from the at least one electrode of the wearable article.
However, Nicolae discloses: obtain, information relating to the electrical properties of the at least one electrode and/or the at least one conductive trace ([0009]; Signal processing Algorithm uses capacitance data which is seen as electrical properties), is further configured to determine, based on the wearable article size information and the information relative to the electrical properties ([0260]; Processing algorithm, which is seen as a compensation, influenced by garment size, [0027]; The processing algorithm is disclosed as being a signal processing algorithm), the compensation that should be performed to the signal to compensate for the electrical properties of the at least one electrode and/or the at least one conductive trace of the wearable article and is further configured to apply the determined compensation to the obtained signal, via the second connection, from the at least one electrode of the wearable article. ([0077-0080]; The signal processing algorithm is disclosed as being applied to sensor data)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the algorithm as disclosed by Nicolae. The motivation being to assist in mitigating the artifacts caused by movement ([0076]).
Regarding claim 5, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine further discloses: wherein the processor is further configured to write, via the first connection, information to the memory of the wearable article when the circuitry is connected to the interface of the wearable article. ([0030] Specifically, Poutiatine discloses the storing of sensor to local memory while attached to a garment, which is seen as a wearable article, and [0034] Poutiatine discloses the sensor data is stored when the radiation sensor is sampled)
Regarding claim 6, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine further discloses: wherein the processor is configured to configure, via the first connection, a data stream based on information obtained from the memory. ([0013] Specifically, Poutiatine discloses the “communication of various data” obtained from memory via controller (130) and port (124) which is seen as configured to configure a data stream). Poutiatine does not explicitly disclose: and wherein the circuitry is configured to transmit the obtained signal as part of the data stream after the determined compensation is applied.
However, Nicolae discloses: and wherein the circuitry is configured to transmit the obtained signal as part of the data stream after the determined compensation is applied. ([0122]; Transformed data, which is seen as compensation applied data, is disclosed as being retrieved displayed and used, which is seen as transmitting the data.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine in view of Finkelstein further in of Nicolae with the transmission of compensated data as further disclosed by Nicolae. The motivation being to display the results of compensated data for further viewing and analysis ([0122]).
Regarding claim 7, Poutiatine in view Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiaitine further discloses: wherein the circuitry comprises a plurality of subportions and wherein the processor is configured to selectively enable and/or disable at least one subportion based on information obtained, via the first connection, from the memory. ([Figure 1] Specifically, Poutiatine discloses a plurality of submodules such as, 116 and 130, and [0056] Specifically, Poutiatine discloses the enabling of sensor (116), which is seen as a submodule, based on electronic properties gathered from the device, which is seen as retrieving from a memory)
Regarding claim 8, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine further discloses: wherein the circuitry comprises a transceiver, the transceiver is configured to transmit information to a server and/or to receive information from the server, and the processor is configured to write, via the first connection, the information received from the server to the memory. ([0023]; “the identification module can be connected to each of a ground, power, and one data pin arranged in the port 124; when connected to the port 124 the exposure-tracking module 110 can ground the ground pin, supply power to the power pin, and transmit and receive data to and from the identification module over the data pin via I2C communication protocol. Upon receipt of a unique ID from the identification module, the exposure-tracking module 110 can pair solar radiation data collected during the current session with this unique ID and upload these data to a local computing device and/or to a remote server.”)
Regarding claim 10, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine further discloses: wherein the processor is configured to perform a testing function on the wearable article and write, via the first connection, a result of the testing function to the memory of the wearable article. ([0061] Specifically, Poutiatine discloses a calibration which is seen as a testing function [0110] Specifically, Poutiatine discloses the information may be stored in a suitable memory and because it is stored it is seen as written in the memory)
Regarding claim 11, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine further discloses: wherein the processor is configured to write, via the first connection, usage information to the memory. ([0030] Specifically, Poutiatine discloses the electric module capable of storing solar exposure data and identifier data, which is seen as usage data, and because the data is stored it is seen as written to memory)
Regarding claim 16, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine further discloses: wherein the interface is further configured to permit the transfer of information between the biosensor and the circuitry via the second connection when the circuitry is connected to the interface. ([0019] Specifically, Poutiatine discloses a port 124, which is seen as an interface, on the garment configured to transmit data when the electronic module is engaged to the port 124.)
Regarding claim 25, Poutiatine discloses: A method of operating circuitry, the method comprising: connecting the circuitry to an interface of a wearable article ([0013] Poutiatine discloses electronic module 110 which is connected to a port 124, which is seen as an interface, of a garment, which is seen as a wearable article, wherein the module is seen as circuitry), connecting a first connection of the circuitry to a memory of the wearable article, when the circuitry is connected to the interface; connecting a second connection of the circuitry to a sensorinterface ([Figure 1]; Poutiatine discloses a connection, as shown by the dotted line, connecting the sensor 116 and module 110), reading, using a processor of the circuitry, wearable article size information from the memory of the wearable article via the first connection ([0039]; “The software program can query the identification module of the garment 150 for the identifier and the identifier module can transmit the identifier through the port 124 of the garment 150 and the jack 114 coupled and the housing 112 to the controller 130 of the exposure-tracking module 110.” Wherein the identifier contains the garment size data and controller 130 is seen as the processor); Poutiatine does not explicitly disclose: wherein the wearable article is a garment constructed from a textile material; at least one electrode; wherein the interface is connected to the at least one electrode via at least one conductive trace extending from the interface to the at least one electrode; determining, using the processor, a compensation that should be performed to a signal received from the at least one electrode of the wearable article to compensate for electrical properties of the at least one electrode and/or at least one conductive trace based on the wearable article size information; obtaining, using the processor, sensor data the signal from the sensor at least one electrode of the wearable article via the second connection; and applying, using the processor, the determined compensation to the obtained signal, sensor data wherein the at least one electrode and the at least one conductive trace comprise an electrically conductive film, electrically conductive yarn, or a conductive transfer integrated with the textile material of the garment.
However, Finkelstein discloses: wherein the wearable article is a garment constructed from a textile material ([0005]; The garment is disclosed as being a textile); at least one electrode; wherein the interface is connected to the at least one electrode via at least one conductive trace extending from the interface to the at least one electrode ([0101]; Signal pathway 2, which is seen as a conductive trace, is in electrical communication with electrode 1);wherein the at least one electrode and the at least one conductive trace comprise an electrically conductive film, electrically conductive yarn, or a conductive transfer integrated with the textile material of the garment. ([0083]; Electrode 1 is disclosed as having a conductive layer that is made of a conductive textile).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the electrode as disclosed by Finkelstien. The motivation being the simple substitution of one known element, the sensor as disclosed by Poutiatine, for another, the electrode as disclosed by Finkelstien, to obtain the predictable result of recording physiological signals. Further It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the textile garment as disclosed by Finkelstein. The motivation being to allow for the garment to be easily washed and used at home or other settings other than a clinic ([0005]).
However, Nicolae discloses: determining, using the processor, a compensation that should be performed to a signal([0260]; Processing algorithm, which is seen as a compensation, influenced by garment size. [0027]; The processing algorithm is disclosed as being a signal processing algorithm. [0260]; The algorithm uses capacitance data, capacitance is seen as electrical properties of the electrode); obtaining, using the processor, the signal from the at least one electrode of the wearable article via the second connection; and applying, using the processor, the determined compensation to the obtained signal ([0258]; The algorithm is described as transforming data obtained by the sensors, which is seen as applying a compensation to an obtained signal),
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the algorithm as disclosed by Nicolae. The motivation being to assist in mitigating the artifacts caused by movement ([0076]).
Regarding claim 26, Poutaitine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Finkelstein further discloses: wherein the circuitry is configured to wirelessly transmit the signal, after the determined compensation is applied, to a server or another electronic device. ([0138]; Optimal wave form and frequency ranges of electrodes is determined, which is seen as a compensation. Further, the compensation is disclosed as being sent to a remote server, which is seen as wirelessly transmitting the data)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine in view of Finkelstein further in view of Nicolae with the wireless data transmission as further disclosed by Finkelstein. The motivation being so “clients, practitioners, and other authorized individuals or groups can remotely access stored session records.” ([0138]).
Regarding claim 27, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Finkelstein further discloses: wherein the garment is a tight-fitting garment, a compression garment, or an elastomeric athletic garment. ([0069]; Garment 110 is disclosed as being tight-fitting)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine in view of Finkelstein further in view of Nicolae with the tight-fitting garment as further disclosed by Finkelstein. The motivation being to hold the electrodes in place against the user ([0070]).
Regarding claim 28, Poutiatine in view of Finkelstein further in view of Nicolae further in view of Abraham disclose: The system as claimed in claim 4. Poutiatine does not explicitly disclose: wherein the calibration information comprises a tolerance of the at least one electrode or a tolerance of the at least one conductive trace, and wherein the processor is configured to determine the compensation by calculating an offset value or a correction factor based on the calibration information to offset an error in the signal.
However, Finkelstein discloses: at least one electrode ([0068]; Electrodes 1);
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine in view of Finkelstein further in view of Nicolae further in view of Abraham with the electrode as further disclosed by Finkelstien. The motivation being the simple substitution of one known element, the sensor as disclosed by Poutiatine, for another, the electrode as disclosed by Finkelstien, to obtain the predictable result of recording physiological signals.
However, Abraham further discloses: wherein the calibration information comprises a tolerance of the sensor ((52). A threshold is determined), and wherein the processor is configured to determine the compensation by calculating an offset value or a correction factor based on the calibration information to offset an error in the signal ((52) A weighting factor is applied based on if the sensor is above or below the threshold).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatin in view of Finkelstein further in view of Nicolae further in view of Abraham with the calibration as further disclosed by Abraham. The motivation being to attenuate the signal based on the location of the sensor.
Regarding claim 29, Poutiatine discloses: A system comprising: circuitry ([0023]; Poutiatine discloses the transmission of data between module which is seen as circuitry); a memory configured to store wearable article size information ([0024]; ‘The identification module can also be loaded with a size of the garment 150 (e.g., small, medium, or large, etc.);” ; [0030]; “the exposure-tracking module 110 can include local memory… and to store incident solar radiation data and the identifier to memory.” Wherein the identifier contains garment size information); an interface for releasable mechanical connection to the circuitry; and at least one conductive trace extending from the interface to the at least one electrode ([0011]: “housing 112 configured to transiently attach to a port 124 on a garment 150” [0020] Further, Poutiatine recites a port that include a set of mechanical snap buttons configured to attach and detach, which is seen as mechanically connected. This port is configured to connect the housing to a garment which is seen as a wearable article ), wherein the interface is configured to permit the transfer of the wearable article size information from the memory to the circuitry connected to the interface ([0024]; ‘The identification module can also be loaded with a size of the garment 150 (e.g., small, medium, or large, etc.);” ; [0030]; “the exposure-tracking module 110 can include local memory… and to store incident solar radiation data and the identifier to memory.” Wherein the identifier contains garment size information), wherein the circuitry comprises: a first connection that connects to the memory of the wearable article when the circuitry is coupled to the wearable article via the interface ([0030]; “In another implementation, the exposure-tracking module 110 can include local memory arranged in the housing 112 “ wherein the memory is located in the module and seen as connected); a second connection that connects to the at least one electrode of the wearable article when the circuitry is coupled to the wearable article via the interface ([Figure 1]; Poutiatine discloses a connection, as shown by the dotted line, connecting the sensor 116 and module 110); and a processor configured to: read, via the first connection, the memory of the wearable article so as to obtain the wearable article size information ,([0039]; “The software program can query the identification module of the garment 150 for the identifier and the identifier module can transmit the identifier through the port 124 of the garment 150 and the jack 114 coupled and the housing 112 to the controller 130 of the exposure-tracking module 110.” Wherein the identifier contains the garment size data and controller 130 is seen as the processor); Poutiatine does not explicitly disclose: a wearable article in the form of a garment comprising a textile material, the wearable article comprising a fabric subassembly integrated into the garment, the fabric subassembly comprising: at least one electrode; determine, based on the wearable article size information, a compensation that should be performed to a signal received from the at least one electrode of the wearable article to compensate for electrical properties of the at least one electrode and/or the at least one conductive trace of the wearable article; and obtain, via the second connection, the signal from the at least one electrode of the wearable article, and apply the determined compensation to the obtained signal.
However, Finkelstein discloses: a wearable article in the form of a garment comprising a textile material ([0005]; The garment is disclosed as being a textile), the wearable article comprising a fabric subassembly integrated into the garment, the fabric subassembly comprising: at least one electrode; ([Figure 2A]; Electrodes one are surrounded by sections that create a subsection within the garment)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the electrode as disclosed by Finkelstien. The motivation being the simple substitution of one known element, the sensor as disclosed by Poutiatine, for another, the electrode as disclosed by Finkelstien, to obtain the predictable result of recording physiological signals. Further It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the textile garment as disclosed by Finkelstein. The motivation being to allow for the garment to be easily washed and used at home or other settings other than a clinic ([0005]).determine, based on the wearable article size information, a compensation that should be performed to a signal received from the at least one electrode of the wearable article to compensate for electrical properties of the at least one electrode and/or the at least one conductive trace of the wearable article; and obtain ([0260]; Processing algorithm, which is seen as a compensation, influenced by garment size. [0027]; The processing algorithm is disclosed as being a signal processing algorithm. [0260]; The algorithm uses capacitance data, capacitance is seen as electrical properties of the electrode), via the second connection, the signal from the at least one electrode of the wearable article, and apply the determined compensation to the obtained signal. ([0258]; The algorithm is described as transforming data obtained by the sensors, which is seen as applying a compensation to an obtained signal)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine with the algorithm as disclosed by Nicolae. The motivation being to assist in mitigating the artifacts caused by movement ([0076]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poutine in view of Finklestein further in view of Nicolae further in view of Abraham (previously cited).
Regarding claim 4, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 2. Poutiatine in view of Finkelstein further in view of Nicolae do not explicitly disclose: wherein the information relating to the electrical properties comprises calibration information obtained as a result of one or more testing functions performed on the wearable article.
However, Abraham discloses: wherein the information relating to the electrical properties comprises calibration information obtained as a result of one or more testing functions performed on the wearable article. ([Description (77)]; Abraham discloses the use of logical functions, which are seen as test functions, to determine the fit of a garment on a user.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine in view of Abraham with the test functions as further disclosed by Abraham the motivation being to determine if the garment fits the user ([Description (77)])
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poutiatine in view of Finkelstein further in view of Nicolae further in view of Zhou (CN 118717130 A).
Regarding claim 3, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 2. Poutiatine in view of Finkelstein further in view of Nicolae do not explicitly disclose: wherein the information relating to the electrical properties identifies the impedance of the at least one electrode and/or the at least one conductive trace of the wearable article, wherein the impedance varies based on a length of the at least one electrode and/or the at least one conductive trace associated with the wearable article size information.
However, Zhou discloses: wherein the information relating to the electrical properties identifies the impedance of the at least one electrode ([Contents of Invention pp0084]; Multiple impedance values are recorded from the electrodes) and/or the at least one conductive trace of the wearable article, wherein the impedance varies based on a length of the at least one electrode and/or the at least one conductive trace associated with the wearable article size information. ([Contents of Invention pp 0084]; The electrode length effects the impedance of the electrode)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system as disclosed by Poutiatine in view of Finkelstein further in view of Nicolae with the length varying impedance electrodes. The motivation being to optimize impedance with dermis recording ([Contents of Invention pp 0085])
Claim(s) 9 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poutiatine in view of Finkelstein further in view of Nicolae further in view of Kaib (previously cited).
Regarding claim 9, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine in view of Finkelstein further in view of Nicolae do not explicitly disclose: further comprising wherein the first connection is a single-wire input-output interface for connection to the memory associated with the wearable article.
However, Kaib discloses: further comprising a single-wire input- output interface for connection to the memory associated with the wearable article. ([0114] Specifically, Kaib discloses the use of one wire technology to transmit data and can be connected to connection pod 130 [0119] Kaib discloses that the connection pod can be connected to monitoring component 170 [0141] Kaib discloses that 170 has a memory module [Figure 1] Kaib discloses 170 attached to garment 110, which is seen as a wearable article)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system as disclosed by Poutiatine in view of Finkelstein further in view of Nicolae with the one wire technology as disclosed by Kaib the motivation being to limit the power needed to operate the device ([0115]).
Regarding claim 17, Poutiatine in view of Finkelstein further in view of Nicolae disclose: The system as claimed in claim 1. Poutiatine in view of Finkelstein further in view of Nicolae disclose do not explicitly disclose: wherein the memory is configured to store information relating to how many times the circuitry has been connected to the interface.
However, Kaib discloses: wherein the memory is configured to store information relating to how many times the circuitry has been connected to the interface. ([0103] Specifically, Kaib discloses keeping track of how many times a garment has been associated with an electronic module and storing it in module memory)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system as disclosed by Poutiatine in view of Finkelstein further in view of Nicolae with the method of tracking garment use as disclosed by Kaib motivation being to compare data recorded with other garments ([0106]).
Regarding claim 18, Poutiatine in view of Finkelstein further in view of Nicolae further in view of Kaib disclose: The system as claimed in claim 17. Kaib further discloses: wherein the memory comprises a counter configured to be incremented each time the circuitry is connected to the interface. ([0103] Specifically, Kaib discloses keeping track of how many times a garment has been associated with an electronic module and storing it in module memory)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system as disclosed by Poutiatine in view of Finkelstein further in view of Nicolae further in view of Kaib with the method of tracking garment use as further disclosed by Kaib the motivation being to compare data recorded with other garments ([0106]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00.
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/CASEY GEORGE CHA/ Examiner, Art Unit 3794
/JOANNE M RODDEN/ Supervisory Patent Examiner, Art Unit 3794
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