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 .
The amendment filed on March 2, 2026 has been received and considered. By this amendment, claim 1 is amended and claims 1-20 are now pending in the application, with claims 15-20 withdrawn from further consideration as being directed to a non-elected invention.
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.
Claims 1-9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Berg (U.S. 2015/0148619, previously cited) in view of Li (U.S. 2016/0006123, previously cited) and McDonald (U.S. 2019/0344080). Regarding claim 1, Berg discloses a chronic monitoring apparatus (“These metrics can provide the user with insights pertaining to his/her muscle exertion, muscle balance, exercise form, potential to incur injuries (e.g., acute injuries, chronic injuries), muscle fatigue, activity levels, muscle recovery behavior, exercise regimen parameters (e.g., types of exercise, sets of an exercise, repetitions of an exercise, etc.), and/or any other suitable exercise- or health-related factor.”, paragraph [0026]), comprising: a wearable, expandable, mesh support structure comprising a plurality of intersecting, flexible and expandable members (see shorts Fig. 3C, garment cross section Fig. 3A depicts a cross-section of a portion of an embodiment of a system for monitoring biometric signals of a user; paragraph [0028] “The garment can thus include a stretchable…any other suitable wearable garment.” A garment is considered a wearable, expandable, mesh support structure comprising a plurality of intersecting, flexible and expandable members, as the threads of the fabric of the garment are the plurality of intersecting, flexible and expandable members.), and a plurality of islands 120/130 formed at the intersection of two or more flexible and expandable members (see Figures 3A-D, where control module 130 is shown and indicated as 130’’, 130’’’, and 130’’’’ and sensors 120 are shown and indicated as 120’’, 120’’’, and 120’’’’, which may all be considered “islands” as claimed); a wireless power transfer antenna 62 disposed on at least one of the flexible and expandable members (Fig. 1, paragraph [0048] “In variations where the battery 162 of the power module 161 is rechargeable, the electronics subsystem 160 can also comprise a coil of wire and associated electronics that function to allow inductive coupling of power between an external charging element 62 and the power module 161, as shown in FIGS. 1 and 9A-9B.”); power receiver circuitry 161 physically coupled to the support structure and conductively coupled to the wireless power transfer antenna (Fig. 1, paragraph [0048] “The charging coil preferably converts energy from an alternating electromagnetic field (e.g., provided by a charging dock or other adapter), into electrical energy to charge the battery 162 and/or to power the system 100.”); sensor circuitry physically coupled to the support structure, the sensor circuitry disposed in one or more locations within the support structure such that at least a portion of the sensor circuitry falls proximate a skin surface of a user, without the use of an adhesive or other bonding agent, after the support structure is donned by the user (paragraph [0028], “The garment 105 functions to position a set of biometric sensors proximal a set of body regions of the user, in order to enable detection of biometric signals from specific body regions of the user as the user is performing a form of physical exercise. The garment 105 can thus provide a means for providing close coupling and/or consistent placement of the set of biometric sensors at the body of the user.” and paragraph [0029], “The plurality of conductive regions 106 preferably also provide direct interfaces with the skin of the user when the garment is worn by the user, in order to facilitate electrical coupling with low impedance.”, where the garment provides the contact between the sensor circuitry and the body and not any adhesive or other bonding agent, where a bonding agent is understood to be an equivalent to an adhesive, such as glue); and control circuitry 130 communicatively coupled to the plurality of sensors and physically coupled to the support structure (Fig. 1, paragraph [0035], “The control module 130 comprises a housing 140 and a set of contacts 150 configured to couple to an array of connection regions 115 in electrical communication with the set of biometric sensors 120, which enable signal transmission from the set of biometric sensors to the control module 130.”); wherein the power receiver circuitry, sensor circuitry, and control circuitry are each disposed on at least one of the islands of the support structure (see Figures 3A-D); and wherein each of the power receiver circuitry, sensor circuitry, and control circuitry are fully encapsulated (encapsulated in housing 140, see Figure 1 and “The housing 140 functions to house and protect the electronics subsystem 160 over the lifetime of use of the system 100 by a user”, paragraph [0036]); and wherein the support structure and the encapsulated power receiver circuitry, sensor circuitry, and control circuitry are water-proof (“an interface between the first housing surface 141 and the second housing surface 142 can be configured to be waterproof and/or machine-washable in order to protect aspects of the control module 130”, paragraph [0038], and “the housing 140 of the control module 130 is preferably configured to be waterproof and/or machine-washable”, paragraph [0041]). It is respectfully submitted that the recitation “thereby reducing the need for the user to remove the chronic monitoring apparatus” is recited as a result of the encapsulation and water-proof nature previous recited in the claim and satisfied by Berg above. However, Berg fails to disclose that the wireless power transfer antenna is an expandable 3D wireless power transfer antenna or the power receiver circuitry is capable of wirelessly receiving energy via far field power harvesting. Li teaches an expandable 3D wireless power transfer antenna (paragraph [0054], “Each of the plurality of metal loops 120 can be electrically connected, thereby forming an induction coil and/or an antenna.”, paragraph [0073], “In accordance with some embodiments of the invention, the flexible antenna or device comprising the antenna can also be stretchable. In accordance with some embodiments of the invention, the flexible antenna or device comprising the antenna can conform to any surface (e.g., on a human or animal body or an irregular shaped device) to which it is applied. In accordance with some embodiments of the invention, the flexible antenna or device comprising the antenna can be substantially planar or flat in a resting state. In accordance with some embodiments of the invention, the flexible antenna or device comprising the antenna can be curved in a resting state, e.g., as on a curved surface, such as a ball or handle.”) to provide the benefit of being compatible and comfortable with human skin (paragraph [0087], “In accordance with some embodiments of the invention, the flexible device mounted to the skin of a person can remain functional while flexing and/or stretching according to the movement of the skin. The flexible device can be breathable enabling it to be worn for long periods of time, on the order of days, weeks or months.”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Berg to utilize an expandable 3D wireless power transfer antenna disposed on at least one flexible and expandable member, as taught by Li, because it can enhance functionality of the device to be compatible and comfortable for contact with human skin.
Furthermore, McDonald teaches a neurostimulation system that includes measurement of biometric signals (“a system for managing use of a stimulation device configured for delivering neurostimulation to a patient may include one or more sensing devices and a patient assistance device. The one or more sensing devices may be configured to sense one or more signals from the patient and may include one or more non-invasive sensing devices.”, paragraph [0005]) and includes a wireless communication link 640 that “can include an inductive telemetry link (near-field telemetry link) and/or a far-field telemetry link (RF telemetry link)” (see paragraph [0084]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Berg in view of Li to include a far field telemetry link in addition to the inductive coupling link, as taught by McDonald, in order to expand the power options of the device and as it has been held that use of a known technique (far field telemetry) to improve similar devices in the same requires only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007).
Regarding claim 2, Berg discloses that the control circuitry further comprises data storage circuitry to store data received from the sensor circuitry (paragraph [0053], “As such, upon receiving signals from the set of biometric sensors 120, the electronics subsystem 160 of the control module 130 can thus facilitate storage of biometric data (e.g., conditioned data from biopotential signals, unconditioned data from biopotential signals) within memory of the electronics subsystem 160.”).
Regarding claim 3, Berg discloses that the control circuitry further comprises data transmission circuitry to communicate data received from at least some of the sensor circuitry to one or more data collection circuits (paragraph [0053], “In one example, data generated by any element of the system 100 may be stored in memory 169 when the communication interface 167 is not actively coupled to an element external to the electronics subsystem 160 over the network. However, in the example, when a link is established between the communication interface 167 and an external element, data may then be automatically transmitted from memory 169.“).
Regarding claim 4, Berg discloses that the data transmission circuitry includes at least one of: Bluetooth Low Energy (BLE) compliant circuitry; Zigbee compliant circuitry; LoRa compliant circuitry; Near Field Communication (NFC) compliant circuitry; or Sigfox compliant circuitry (paragraph [0051], “In examples of wireless connections, the network associated with the communication interface 167 can include any one or more of: a local area network (LAN), a wireless LAN (WLAN), a Bluetooth network (e.g., a Bluetooth Low Energy network), a municipal area network (MAN), a wide area network (WAN), the internet, and any other suitable network.”).
Regarding claim 5, Berg discloses that the sensor circuitry includes one or more biometric sensors disposed on the wearable expandable support structure such that at least a portion of the one or more biometric sensors is exposed on the inner surface of the wearable expandable support structure (Fig. 4B, paragraph [0028], “The garment 105 functions to position a set of biometric sensors proximal a set of body regions of the user, in order to enable detection of biometric signals from specific body regions of the user as the user is performing a form of physical exercise.”, paragraph [0038], “The housing 140 preferably forms a shell about internal components of the control module 130, and preferably has a first housing surface 141 facing the body of the user when the control module 130 interfaces with the user and a second housing surface 142 facing away from the body of the user when the control module 130 interfaces with the user, an example of which is shown in FIG. 4B.”).
Regarding claim 6, Berg discloses that the wearable expandable support structure comprises a support structure that includes that at least one of: a thermoplastic polyurethane (TPU), or silicone (paragraph [0040], “Preferably, the set of contacts 150 comprises contacts composed of an electrically conductive, elastic, and compliant material (e.g., electrically conductive silicone, electrically conductive polymer, etc.) that facilitates maintenance of electrical communication between the set of biometric sensors 120 and the electronics subsystem 160 during motion of the user. In one example, the conductive polymer used in the set of contacts comprises an ether-based conductive thermoplastic polyurethane material”).
Regarding claim 7, Berg discloses that the power receiver circuitry further comprises at least one energy storage device (paragraph [0047], “The power module 161 of the electronics subsystem 160 functions to provide regulated and unregulated electrical power to the system 100 and to allow power storage for the system 100. The power module 161 preferably comprises a rechargeable battery 162 (e.g., a lithium-ion battery, nickel-cadmium battery, metal halide battery, nickel metal hydride battery, lithium-ion polymer battery, etc.)”).
Regarding claim 8, Berg discloses the invention substantially as claimed, but fails to discloses that the at least one energy storage device comprises a supercapacitor. Li teaches that the at least one energy storage device comprises a supercapacitor (paragraph [0103], “Non-limiting examples of power sources applicable to the example electronic devices herein include batteries, fuel cells, solar cells, capacitors, supercapacitors, and thermoelectric devices.”) in order to provide a higher charge-density than an electrolytic or tantalum capacitor (paragraph [0107], A supercapacitor can provide a higher charge-density than an electrolytic or tantalum capacitors, and can be useful for implementations that require delivery of bursts of current.”). It would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant’s invention to modify the invention of Berg to utilize a supercapacitor as the energy storage device, as taught by Li, in order to provide a higher charge-density than an electrolytic or tantalum capacitor.
Regarding claim 9, Berg in view of Li provides that the wireless power transfer antenna comprises a three-dimensional (3D) antenna (see rejection of claim 1 above). The recitation “to wirelessly receive power in the 915 MHz band” is considered an intended use recitation that fails to further define the claimed invention over that of the prior art because it is merely recited as a functional recitation rather than further define the claimed structure.
Regarding claim 11, Berg discloses that the sensor circuitry comprises one or more biometric sensors (Abstract, “a set of biometric sensors coupled to the garment“).
Regarding claim 12, Berg discloses that the one or more biometric sensors include at least one of: a pulse oximetry sensor; a heart rate sensor; an electromyograph sensor; or an electrocardiograph sensor (paragraph [0031], “The set of biometric sensors 120 preferably include electromyography (EMG) electrodes configured to acquire biopotential signals resulting from muscle activity of the user. However, in some variations, the set of biometric sensors 120 can additionally or alternatively include any one or more of: respiration sensors (e.g., sensors that operate according to plethysmography), galvanic skin response (GSR) sensors, temperature sensors, accelerometers (e.g., single axis accelerometers, multi-axis accelerometers), gyroscopes (e.g., single axis gyroscopes, multi-axis gyroscopes) global positioning system (GPS) sensors, vibration sensors, bioimpedance sensors, bend-angle measurement sensors, electrocardiography (ECG) sensors, sensors indicative of other cardiovascular parameters (e.g., pulse oximetry sensors, blood pressure sensors), and any other suitable type of sensor.”).
Regarding claim 13, Berg discloses that the sensor circuitry comprises one or more environmental sensors (paragraph [0034], “In alternative embodiments, the set of biometric sensors 120 can be supplemented with a set of supplementary sensors 125 configured to detect one or more aspects associated with an environment of the user.”).
Regarding claim 14, Berg discloses that the one or more environmental sensors include at least one of: an accelerometer, a temperature sensor, a gyroscopic sensor, a barometric pressure sensor, a humidity sensor, a compound/class of compound sensor, or a thermal conductivity sensor (paragraph [0034], “the set of supplementary sensors 125 can include one or more of: environmental temperature sensors, altimeters, oxygen content sensors, air quality sensors, near field communication (NFC) sensors (e.g., configured to detect a nearby device or piece of exercise equipment having a corresponding NFC element), and any other suitable supplementary sensor that can enrich the data acquired from user and/or the environment of the user.”).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Berg (U.S. 2015/0148619, previously cited) in view of Li (U.S. 2016/0006123, previously cited) and McDonald (U.S. 2019/0344080) as applied to claims 1-9 and 11-14 above, and further in view of Sachs (U.S. 2020/0391021). Berg in view of Li and McDonald provides the invention substantially as claimed, but fails to disclose that the power receiver circuitry further comprises one or more photovoltaic devices disposed on at least a portion of the exterior surface of the wearable expandable support structure. Sachs teaches wearable garment electrodes 12 (“The stimulators, for example, may take the form of electrodes located on a patch or garment applied to the skin”, paragraph [0023]) and include a power source 22 that “may be a 9-volt battery, a button cell battery, a rechargeable battery or any other type of battery” or “may be one or more photovoltaic panels positioned on an outer surface of outer housing 18” (see paragraph [0123]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Berg in view of Li and McDonald to include one or more photovoltaic devices disposed on at least a portion of the exterior surface of the wearable expandable support structure, as taught by Sachs, as it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007).
Response to Arguments
Applicant's arguments filed March 2, 2026 have been fully considered but they are not persuasive. Regarding the rejection of the claims as being unpatentable over Berg in view of Li and McDonald, the Applicant argues that Berg fails to disclose the newly-added limitations of “wherein each of the power receiver circuitry, sensor circuitry, and control circuitry are fully encapsulated; and wherein the support structure and the encapsulated power receiver circuitry, sensor circuitry, and control circuitry are water-proof thereby reducing the need for the user to remove the chronic monitoring apparatus” because Berg discloses a wearable garment that must be removed every few days, thus destroying the ability for long-term chronic monitoring and data gathering. However, as discussed in the rejection above, Berg explicitly discloses “wherein each of the power receiver circuitry, sensor circuitry, and control circuitry are fully encapsulated (encapsulated in housing 140, see Figure 1 and “The housing 140 functions to house and protect the electronics subsystem 160 over the lifetime of use of the system 100 by a user”, paragraph [0036]); and wherein the support structure and the encapsulated power receiver circuitry, sensor circuitry, and control circuitry are water-proof (“an interface between the first housing surface 141 and the second housing surface 142 can be configured to be waterproof and/or machine-washable in order to protect aspects of the control module 130”, paragraph [0038], and “the housing 140 of the control module 130 is preferably configured to be waterproof and/or machine-washable”, paragraph [0041]). Berg explicitly discloses making the device waterproof and, therefore, satisfies the newly-added limitations. Additionally, it is respectfully submitted that the claims and the specification do not define the time of wearing to be greater than a few days and, thus, even assuming Applicant’s argument that the device of Berg must be removed every few days, such an argument fails to overcome the claim language.
Regarding the Li reference, the Applicant argues that the Li reference requires glue to attach the antenna to the skin of the user and the Applicant argues that even if the wearable of Berg were modified with the antenna structure of Li, the resulting device would either be too loose to provide accurate sensor readings, or would be glued to the skin of the user. However, Applicant fails to elucidate this argument or explain how the modification of Berg to include an expandable 3D wireless power transfer antenna disposed on at least one flexible and expandable member, as taught by Li, would somehow result in the device of Berg now being too loose to provide accurate sensor readings. Additionally, it is respectfully submitted that the claims do not preclude the antenna from being attached to the skin with adhesive, merely only requiring that the sensor circuitry “falls proximate a skin surface of the user, without the use of an adhesive or other bonding agent, after the support structure is donned by the user”. As such, Applicant’s arguments are not found persuasive.
Regarding the additional references of McDonald and Sachs, Applicant fails to present additional arguments specific to these references and, therefore, the rejection are considered to stand at least for the reasons given 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 TAMMIE K MARLEN whose telephone number is (571)272-1986. The examiner can normally be reached Monday through Friday from 8 am until 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached on 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TAMMIE K MARLEN/Primary Examiner, Art Unit 3796
Prosecution Insights