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 office action is in response to the request for continued examination and amendment filed 5/22/26. As directed by the amendment, claims 1, 4-6, 12, and 17 have been amended and no claims have been added nor cancelled. As such, claims 1-17 are pending in the instant application.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sifferlin (2019/0183724) in view of Schubert et al. (2012/0059294), Rudashevsky et al. (4,788,968), Connor et al. (6,537,235), and Northen et al. (2020/0222276).
Regarding claim 6, Sifferlin discloses a garment assembly (see Fig. 1-6, abstract, para. 0065 for example, garment assembly 100/200/300/400/500/600 with like reference characters for each embodiment) which includes a garment member that includes an inner surface and an outer surface (see Fig. 1 for example, garment member 110 with inner and outer layers as shown, see para. 0065 for example), a power source (see Fig. 1, power source 170, see para. 0066, in the form of batteries), a vibration motor positioned adjacent the inner surface of the garment member electrically coupled to the power source to vibrate against the inner surface of the garment (see Fig. 1 for example, vibration devices 160 & 165, see para. 0066, para. 0071 disclosing “wiring”). Sifferlin is silent as to the vibration motor being a vibrational linear motor and which the linear motor includes a shaft member with a distal reciprocating end and a magnet; however, Schubert discloses a similar wearable device which includes a vibrating motor in the form of a linear vibration motor (see Schubert para. 0013, 0015, 0041 and 0044, in particular 0044 which discloses that the vibration element can be various types of vibration elements including a linear electro-magnetic actuator, a linear vibration motor) and the vibration motor of Schubert has an adjustable stroke length (see Schubert para. 0056), and Rudashevsky teaches a linear electro-magnetic actuator/motor which includes a shaft member with a reciprocating distal end and a magnet (see Rudashevsky Fig. 1, col. 2 ln. 64 through col. 3 ln. 57, shaft member 2, magnet 4). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Sifferlin device’s vibration element to be a linear motor type vibration element, as taught by Schubert, including shaft with reciprocating distal end and magnet elements, as taught by Rudashevsky, as this would have been obvious substitution of one known element for another and would produce predictable results (i.e. replacement of one known vibration element for another to provide vibration) and in order to provide a desired vibrational profile for the user (Schubert para. 0056 and 0038). The modified Sifferlin device is silent as to the garment member including first and second layers to define an inner space therein for housing components; however, Connor teaches a similar vibration therapy garment which includes multiple layers knitted together to attach the layers and not connected in the areas defining spaces for components to be housed (see Connor Fig. 1-2, col. 2 ln. 56 through col. 3 ln. 8 for example). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Sifferlin device to be knitted together to define interior spaces for housing therapeutic elements, as taught by Connor, as this is a well-known method of producing such a therapeutic garment assembly and would have been obvious to try and one would expect the modified Sifferlin device to perform equally as well being produced in this manner. The modified Sifferlin device is silent as to the garment being connected in areas that extend closely around a perimeter edge of the first linear motor to define a first space/pocket therein in which the vibration motor is disposed; however, Northen teaches a similar garment device which includes pockets sewn therein for vibration motors which define a space to closely fit the vibration motors there (see Northen para. 0297). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Sifferlin device to include closely fitted sewn pockets for the vibration motors, as taught by Northen, in order to provide a secure pocket for housing the vibrational motors (Northen para. 0297).
Allowable Subject Matter
Claims 1-5 and 7-17 are allowed.
Reasons for Allowance
When read in light of the limitations of the claimed garment assembly, the prior art does not disclose, either alone or suggest in combination, a garment assembly including a garment member including inner and outer surfaces; a power source; at least a first linear motor positioned adjacent the inner surface and electrically coupled to the power source and including a shaft member including a magnet, a distal end of the shaft member configured to reciprocate against the inner surface and the first linear motor being a vibrational motor; a first wire extending from the motor and including a slack portion secured to a stretchable fabric member and configured to lengthen with the stretchable fabric member; and a stop member secured to at least one of the inner or outer surface and disposed between the motor and the power source, the shaft member configured to reciprocate with an adjustable stroke length to generate a vibration pattern, the stroke length adjustable between 1 mm and 3 mm, the slack portion of the first wire secured to a proximal side of the stop member as set forth in independent claim 1. The prior art is also silent as to a garment assembly including a garment member including inner and outer surfaces with a first space formed therein; a linear motor positioned adjacent the inner surface and electrically coupled to the power source and including a shaft member including a magnet, a distal end of the shaft member configured to reciprocate against the inner surface; a wire disposed within the first space and extending from the linear motor and including a slack portion secured to a stretchable fabric member and a non-slack portion; and a stop member disposed within the first space and secured to at least one of the inner surface and the outer surface, the slack portion disposed on a first side of the stop member and the non-slack portion disposed between the stop member and the linear motor on a second, opposite side of the stop member as set forth in independent claim 15.
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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/COLIN W STUART/Primary Examiner, Art Unit 3785
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