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 .
Response to Amendment
In response to amendments, filed November 3, claims 1-6, 16-18, and 20 have been amended. Claims 4 and 19 have been cancelled. Claims 21-22 have been added. Claims 1-3, 5-18, and 20-22 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed November 3, 2025, with respect to the claim objections and 35 USC 112 rejections have been fully considered but are not persuasive. The objection to claim 20 and 35 USC 112 rejections of claims 2-3 and 17-18 have not been appropriately corrected. The added claims 21 and 22 are rejected under 35 USC 112 for similar reasons.
Applicant’s arguments with respect to the prior art rejections have been considered but are moot because the new ground of rejection does not rely on the same reference combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new ground(s) of rejection for the independent claims is made in view of the combination of Gozen (US 20200100721 A1)/Bogdanovich (US 20190046114 A1).
Claim Objections
Claim 20 is objected to because of the following informalities: “changes in beast” on line 3 should be corrected to “changes in breast.”
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 2-3, 17-18, 21-22 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.
It is unclear in claims 2-3, 17-18, and 21-22 whether “a given layer of fabric among the plurality of layers of fabric” is the same or different from the previously mentioned “a given layer among the plurality of layers of fabric” in their respective parent claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 5-6, 8, 12, 15-17, and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozen (US 20200100721 A1) in view of Bogdanovich (US 20190046114 A1).
Regarding claim 1, Gozen teaches a system for detecting changes in breast ([0002] “a wearable garment comprising embedded conductive material capable of detecting volumetric changes in and the temperature of a circumscribed area such as a breast;” Fig. 1F), comprising: a garment (Fig. 1F), comprising:
a plurality of layers of fabric; one or more fabric-based sensors disposed on at least one layer among the plurality of layers of fabric, the one or more fabric-based sensors configured to obtain electrical measurements indicating changes to the at least one layer of fabric in the garment based on an external force or pressure applied to the at least one layer of fabric ([0024] “what is measured is the volume and temperature of a breast, for example, before, while, and after an infant nurses. Changes in breast volume and temperature lead to changes in sensor impedance through several mechanisms, including deformation of the embedded channels which contain conductive liquid, and cause changes in impedance;” [0028] “a sensor or sensors are incorporated into a wearable garment. For example, FIG. 1F shows a schematic representation of the interior (the part that is next to the body when worn) of an exemplary wearable garment comprising sensors. In this example, the garment is a “bra” which incorporates at least one, and usually two sensors, one in each cup.” [0029] “Any suitable method may be used to attach or otherwise secure the sensors into a wearable garment. For example, the fabric of the garment may be layered and the sensor may be placed between layers of fabric.”);
a plurality of conductive nodes electrically coupled to a plurality of locations on a given fabric-based sensor among the one or more fabric-based sensors, the given fabric-based sensor disposed on a given layer among the plurality of layers of fabric, wherein the given fabric-based sensor detects the changes to the given layer of fabric ([0036] “the ionic liquid is interfaced with external electronics through one or more, generally two, microelectrodes embedded in and/or otherwise attached to the sensor. The electrodes contact the conductive liquid and serve as electrical leads to connect the conductive liquid to external electronics … the electrodes may be silicon based, carbon fiber based, etc. FIG. 1A shows a schematic of electronic interface 35 to which electrode wires 40 are connected; electrode wires 40 also contact the ionic liquid in channel 20.” [0040] “When the sensor conforms to the breast, changes in the breast's shape due to milk output or production, suckling and temperature lead to variations in the sensor's electrical impedance”).
However, Gozen fails to disclose measuring signals between two or more pairs of nodes. Bogdanovich teaches a garment for monitoring biometric properties of the wearer of the garment. Bogdanovich discloses and wherein the detection of the changes by the given fabric-based sensor is obtained by measuring signals between two or more pairs of nodes among the plurality of nodes (Fig. 1, Fig. 28; [0156] “In certain embodiments, vertical strips 160, transverse strips 162, vertical strips 164, and/or bands 166 are connected to monitoring sites 116. For example, monitoring sites may be located at each end of the strips or at one or more locations along the bands.” [0153] “Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”);
and a processor electrically connected to the plurality of nodes, the processor configured to obtain data measured from the two or more pairs of nodes among the plurality of nodes and transmit the data to a user device; and the user device configured to receive data from the processor and process the data ([0156] “Monitoring sites 116 may be used to receive and/or transmit data from the strips and bands (e.g., transmit to and/or receive from a processor on garment body 52)”; [0114] “processor 114 transmits data from sensor 200 (along with other data) to another device (e.g., a wireless radio enable device, a Wi-Fi device, or a Bluetooth device). Data received from processor 114 may be displayed on the device using an application on the device (as described herein). In certain embodiments, the application may display on the device data such as, but not limited to, real-time location of the wearer (e.g., via GPS data), vital sign data, data from sensor 200 (e.g., environmental data), and other physiological data. The application may also store data on the device so that the wearer's data history can be accessed. In some embodiments, the application may transmit data for storage on a remote server (e.g., a cloud-based server).”),
wherein the signals measured from each pair of nodes among the two or more pairs of nodes correspond to changes in resistance in different portions of the given fabric-based sensor between the respective pairs of nodes ([0153] “vertical strips 160 are used to assess (e.g., measure) sagittal plane flexion and/or extension of the wearer of garment body 52. Transverse strips 162 may be used to assess (e.g., measure) asymmetrical expansion and/or rotation of the wearer of garment body 52. Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Gozen to include measuring signals between two or more pairs of nodes as disclosed in Bogdanovich to obtain expansion and/or rotation information from multiple locations along the garment (Bogdanovich [0153, 0156]).
Regarding claim 2, the combination of Gozen/Bogdanovich discloses the system of claim 1, wherein the one or more fabric-based sensors comprise a stretch sensor disposed on a given layer of fabric among the plurality of layers of fabric, wherein the stretch sensor measures stretch in the given layer of fabric caused by an external force (Gozen: [0028] “the fabric of the garment may be layered and the sensor may be placed between layers of fabric;” Bogdanovich: [0153] “vertical strips 160 are used to assess (e.g., measure) sagittal plane flexion and/or extension of the wearer of garment body 52. Transverse strips 162 may be used to assess (e.g., measure) asymmetrical expansion and/or rotation of the wearer of garment body 52. Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”).
Regarding claim 5, the combination of Gozen/Bogdanovich discloses the system of claim 1, wherein the user device is further configured to cause display of information obtained by processing the data, and wherein the information is associated with breastfeeding (Gozen: [0044] “The measurements obtained by the sensors can be output, accessed, viewed, stored and tracked over time using any suitable computerized device or display…. to alert the user when the temperature of breast tissue is above normal, when a particular amount of milk has been expelled from the breast, when an infant has stopped suckling, etc.”).
Regarding claim 6, the combination of Gozen/Bogdanovich discloses the system of claim 5, wherein the information comprises one or more of: a quantity of milk produced; a quantity of milk expressed; changes in milk volume production over short intervals; changes in milk volume production over long intervals; rate of milk production over short intervals; rate of milk production over long intervals; irregularities in milk production; irregularities in milk output; irregularities in duration of nursing or breasting pumping; and irregularities in schedule of nursing or breast pumping (Gozen: [0044] “The measurements obtained by the sensors can be output, accessed, viewed, stored and tracked over time using any suitable computerized device or display… The results can be displayed in any suitable manner, e.g. as graphs, tables, numerically, etc. In addition, ‘alarms’, ‘warnings’ or ‘timers’ may be included e.g. to alert the user when the temperature of breast tissue is above normal, when a particular amount of milk has been expelled from the breast, when an infant has stopped suckling, etc. Further, the sensors can also measure and record time such as the length of a nursing session, or the time between nursing sessions, etc.”).
Regarding claim 8, the combination of Gozen/Bogdanovich discloses the system of claim 1, wherein the user device is further configured to provide medical advice or treatment (Gozen: [0050] “the results can be transmitted (periodically or continuously) to a health care monitoring system such as those employed by physicians' offices, hospitals, etc. Such devices may be especially useful in hospital facilities where care is provided to women who have recently given birth. In particular, the devices monitor changes in breast volume in response to nursing, activity and as such provide indirect but highly correlated information about infant behavior, e.g. volume of milk that is imbibed, frequency and strength of the suckling reflex, etc. This can be especially beneficial if infants are born prematurely, and/or if either the mother or the infant have health conditions that impact nursing. For example, a physician monitoring information provided by the sensor may recommend that the infant's or the mother's diet be supplemented with additional nourishment or liquid, or that it is safe to discontinue supplements, that an infant is or is not ready to be discharged from a hospital, etc.”).
Regarding claim 12, the combination of Gozen/Bogdanovich the system of claim 1, wherein the processor is electrically connected to the plurality of nodes via at least one of conductive fabric, conductive tapes, wires, conductive threads, and a flexible printed circuit board (PCB) (Bogdanovich: [0156] “Monitoring sites 116 may be used to receive and/or transmit data from the strips and bands (e.g., transmit to and/or receive from a processor on garment body 52)”; Gozen: [0026] “the sensor can be integrated with on-board electronics consisting of an impedance analyzer (e.g. Analog devices AD5933) to perform the impedance measurements, a wireless transmitter (e.g. Microchip RN4870) to transmit the data to a remote device, a logic component (any microcontroller, FPGA or DSP interface) to execute the signal processing schemes and a power source such a battery … FIG. 1A shows a schematic of electronic interface 35 to which electrode wires 40 are connected; electrode wires 40 also contact the ionic liquid in channel 20.”).
Regarding claim 15, the combination of Gozen/Bogdanovich the system of claim 1, wherein the garment is a bra (Gozen: "[0028] the garment is a “bra” which incorporates at least one, and usually two sensors, one in each cup;” Fig. 1F).
Regarding claim 16, Gozen teaches a garment (Fig. 1F), comprising:
a plurality of layers of fabric; one or more fabric-based sensors disposed on at least one layer among the plurality of layers of fabric, the one or more fabric-based sensors configured to obtain electrical measurements indicating changes to the at least one layer of fabric in the garment based on an external force or pressure applied to the at least one layer of fabric ([0024] “what is measured is the volume and temperature of a breast, for example, before, while, and after an infant nurses. Changes in breast volume and temperature lead to changes in sensor impedance through several mechanisms, including deformation of the embedded channels which contain conductive liquid, and cause changes in impedance;” [0028] “a sensor or sensors are incorporated into a wearable garment. For example, FIG. 1F shows a schematic representation of the interior (the part that is next to the body when worn) of an exemplary wearable garment comprising sensors. In this example, the garment is a “bra” which incorporates at least one, and usually two sensors, one in each cup.” [0029] “Any suitable method may be used to attach or otherwise secure the sensors into a wearable garment. For example, the fabric of the garment may be layered and the sensor may be placed between layers of fabric.”);
a plurality of conductive nodes electrically coupled to a plurality of locations on a given fabric- based sensor among the one or more fabric-based sensors, the given fabric-based sensor disposed on a layer among the plurality of layers of fabric, wherein the given fabric-based sensor detects the changes to the layer of fabric ([0036] “the ionic liquid is interfaced with external electronics through one or more, generally two, microelectrodes embedded in and/or otherwise attached to the sensor. The electrodes contact the conductive liquid and serve as electrical leads to connect the conductive liquid to external electronics … the electrodes may be silicon based, carbon fiber based, etc. FIG. 1A shows a schematic of electronic interface 35 to which electrode wires 40 are connected; electrode wires 40 also contact the ionic liquid in channel 20.” [0040] “When the sensor conforms to the breast, changes in the breast's shape due to milk output or production, suckling and temperature lead to variations in the sensor's electrical impedance”).
However, Gozen fails to disclose measuring signals between two or more pairs of nodes. Bogdanovich discloses and wherein the detection of the changes by the given fabric-based sensor is obtained by measuring signals between two or more pairs of nodes among the plurality of nodes (Fig. 1, Fig. 28; [0156] “In certain embodiments, vertical strips 160, transverse strips 162, vertical strips 164, and/or bands 166 are connected to monitoring sites 116. For example, monitoring sites may be located at each end of the strips or at one or more locations along the bands.” [0153] “Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”);
and a processor electrically connected to the plurality of nodes, the processor configured to obtain data measured from the two or more pairs of nodes among the plurality of nodes and transmit the data to a user device ([0156] “Monitoring sites 116 may be used to receive and/or transmit data from the strips and bands (e.g., transmit to and/or receive from a processor on garment body 52)”; [0114] “processor 114 transmits data from sensor 200 (along with other data) to another device (e.g., a wireless radio enable device, a Wi-Fi device, or a Bluetooth device). Data received from processor 114 may be displayed on the device using an application on the device (as described herein). In certain embodiments, the application may display on the device data such as, but not limited to, real-time location of the wearer (e.g., via GPS data), vital sign data, data from sensor 200 (e.g., environmental data), and other physiological data. The application may also store data on the device so that the wearer's data history can be accessed. In some embodiments, the application may transmit data for storage on a remote server (e.g., a cloud-based server).”),
wherein the signals measured from each pair of nodes among the two or more pairs of nodes correspond to changes in resistance in different portions of the given fabric-based sensor between the respective pairs of nodes ([0153] “vertical strips 160 are used to assess (e.g., measure) sagittal plane flexion and/or extension of the wearer of garment body 52. Transverse strips 162 may be used to assess (e.g., measure) asymmetrical expansion and/or rotation of the wearer of garment body 52. Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Gozen to include measuring signals between two or more pairs of nodes as disclosed in Bogdanovich to obtain expansion and/or rotation information from multiple locations along the garment (Bogdanovich [0153, 0156]).
Regarding claim 17, the combination of Gozen/Bogdanovich discloses the garment of claim 16, wherein the one or more fabric-based sensors comprise a stretch sensor disposed on a given layer of fabric among the plurality of layers of fabric, wherein the stretch sensor measures stretch in the given layer of fabric caused by an external force (Gozen: [0028] “the fabric of the garment may be layered and the sensor may be placed between layers of fabric;” Bogdanovich: [0153] “vertical strips 160 are used to assess (e.g., measure) sagittal plane flexion and/or extension of the wearer of garment body 52. Transverse strips 162 may be used to assess (e.g., measure) asymmetrical expansion and/or rotation of the wearer of garment body 52. Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”).
Regarding claim 20, Gozen teaches a method for detecting changes in breast ([0002] “a wearable garment comprising embedded conductive material capable of detecting volumetric changes in and the temperature of a circumscribed area such as a breast”), comprising:
… to obtain data indicating the changes in beast from a given fabric-based sensor among one or more fabric-based sensors in the garment ([0036] “the ionic liquid is interfaced with external electronics through one or more, generally two, microelectrodes embedded in and/or otherwise attached to the sensor. The electrodes contact the conductive liquid and serve as electrical leads to connect the conductive liquid to external electronics … the electrodes may be silicon based, carbon fiber based, etc. FIG. 1A shows a schematic of electronic interface 35 to which electrode wires 40 are connected; electrode wires 40 also contact the ionic liquid in channel 20.” [0040] “When the sensor conforms to the breast, changes in the breast's shape due to milk output or production, suckling and temperature lead to variations in the sensor's electrical impedance”); and
transmitting the data to a user device ([0026] “system can communicate with any mobile device or computer through various wireless protocols such as Bluetooth to enable continuous monitoring of the breast volume, suckling and temperature by the user”),
wherein the garment (Fig. 1F) comprises:
a plurality of layers of fabric; the one or more fabric-based sensors, the one or more fabric-based sensors disposed on at least one layer among the plurality of layers of fabric, the one or more fabric-based sensors configured to obtain electrical measurements indicating changes to the at least one layer of fabric in the garment based on an external force or pressure applied to the at least one layer of fabric ([0024] “what is measured is the volume and temperature of a breast, for example, before, while, and after an infant nurses. Changes in breast volume and temperature lead to changes in sensor impedance through several mechanisms, including deformation of the embedded channels which contain conductive liquid, and cause changes in impedance;” [0028] “a sensor or sensors are incorporated into a wearable garment. For example, FIG. 1F shows a schematic representation of the interior (the part that is next to the body when worn) of an exemplary wearable garment comprising sensors. In this example, the garment is a “bra” which incorporates at least one, and usually two sensors, one in each cup.” [0029] “Any suitable method may be used to attach or otherwise secure the sensors into a wearable garment. For example, the fabric of the garment may be layered and the sensor may be placed between layers of fabric.”);
the plurality of conductive nodes electrically coupled to a plurality of locations on the given fabric-based sensor among the one or more fabric-based sensors, the given fabric-based sensor disposed on a layer among the plurality of layers of fabric, wherein the given fabric-based sensor detects the changes to the layer of fabric ([0036] “the ionic liquid is interfaced with external electronics through one or more, generally two, microelectrodes embedded in and/or otherwise attached to the sensor. The electrodes contact the conductive liquid and serve as electrical leads to connect the conductive liquid to external electronics … the electrodes may be silicon based, carbon fiber based, etc. FIG. 1A shows a schematic of electronic interface 35 to which electrode wires 40 are connected; electrode wires 40 also contact the ionic liquid in channel 20.” [0040] “When the sensor conforms to the breast, changes in the breast's shape due to milk output or production, suckling and temperature lead to variations in the sensor's electrical impedance”).
However, Gozen fails to disclose measuring signals between two or more pairs of nodes.
Bogdanovich discloses measuring signals between two or more pairs nodes among a plurality of nodes in a garment … and wherein the detection of the changes by the given fabric-based sensor is obtained by measuring signals between the two or more pairs of nodes among the plurality of nodes (Fig. 1, Fig. 28; [0156] “In certain embodiments, vertical strips 160, transverse strips 162, vertical strips 164, and/or bands 166 are connected to monitoring sites 116. For example, monitoring sites may be located at each end of the strips or at one or more locations along the bands.” [0153] “Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”);
and a processor electrically connected to the plurality of nodes, the processor configured to obtain data measured from the two or more pairs of nodes among the plurality of nodes and transmit the data to the user device ([0156] “Monitoring sites 116 may be used to receive and/or transmit data from the strips and bands (e.g., transmit to and/or receive from a processor on garment body 52)”; [0114] “processor 114 transmits data from sensor 200 (along with other data) to another device (e.g., a wireless radio enable device, a Wi-Fi device, or a Bluetooth device). Data received from processor 114 may be displayed on the device using an application on the device (as described herein). In certain embodiments, the application may display on the device data such as, but not limited to, real-time location of the wearer (e.g., via GPS data), vital sign data, data from sensor 200 (e.g., environmental data), and other physiological data. The application may also store data on the device so that the wearer's data history can be accessed. In some embodiments, the application may transmit data for storage on a remote server (e.g., a cloud-based server).”).
wherein the signals measured from each pair of nodes among the two or more pairs of nodes correspond to changes in resistance in different portions of the given fabric-based sensor between the respective pairs of nodes ([0153] “vertical strips 160 are used to assess (e.g., measure) sagittal plane flexion and/or extension of the wearer of garment body 52. Transverse strips 162 may be used to assess (e.g., measure) asymmetrical expansion and/or rotation of the wearer of garment body 52. Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Gozen to include measuring signals between two or more pairs of nodes as disclosed in Bogdanovich to obtain expansion and/or rotation information from multiple locations along the garment (Bogdanovich [0153, 0156]).
Regarding claim 21, the combination of Gozen/Bogdanovich discloses the method of claim 20, wherein the one or more fabric-based sensors comprise a stretch sensor disposed on a given layer of fabric among the plurality of layers of fabric, wherein the stretch sensor measures stretch in the given layer of fabric caused by an external force (Gozen: [0028] “the fabric of the garment may be layered and the sensor may be placed between layers of fabric;” Bogdanovich: [0153] “vertical strips 160 are used to assess (e.g., measure) sagittal plane flexion and/or extension of the wearer of garment body 52. Transverse strips 162 may be used to assess (e.g., measure) asymmetrical expansion and/or rotation of the wearer of garment body 52. Vertical strips 160 and transverse strips 162 may measure these properties using techniques described herein for conductive elastic materials (e.g., assessment of resistance and/or strain in the materials).”).
Claim(s) 3, 10-11, 18, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozen (US 20200100721 A1) in view of Bogdanovich (US 20190046114 A1), and in further view of Hill (US 20180296741 A1).
Regarding claim 3, the combination of Gozen/Bogdanovich discloses the system of claim 1, wherein the one or more fabric-based sensors (Gozen: [0028] “the fabric of the garment may be layered and the sensor may be placed between layers of fabric”). However, Gozen fails to disclose a pressure sensor. Hill teaches a lactation system including a wearable garment.
Hill discloses comprise a pressure sensor disposed on a given layer of fabric among the plurality of layers of fabric, wherein the pressure sensor measures pressure applied to the given layer of fabric by an external force ([0086] “Sensors 504 can comprise one or more pressure sensors to detect an actual amount of force being applied to the breast tissue by members 402… In embodiments, actuators 404 can provide strain, pressure, or other data”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich to include a pressure sensor as disclosed in Hill to determine optimal levels and locations of compressive force to use in order to maximize the amount and speed of milk extraction (Hill [0090]).
Regarding claim 10, the combination of Gozen/Bogdanovich discloses the system of claim 1. However, the combination of Gozen/Bogdanovich fails to disclose massaging elements.
Hill discloses wherein the garment further comprises one or more massaging pads, and wherein the processor is further configured to cause the one or more massaging pads to operate ([0087] “Based on input parameters and sensor data, control system 500 can control the position and movement of members 402 according to a variety of different patterns to induce the flow of breast milk.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich to include massaging pads as disclosed in Hill to induce the flow of breast milk (Hill [0087]).
Regarding claim 11, the combination of Gozen/Bogdanovich/Hill teaches the system of claim 10, wherein the processor causes the one or more massaging pads to operate in response to receiving instructions via user inputs or determining changes associated with breasts based on the data (Hill: [0087] “Based on input parameters and sensor data, control system 500 can control the position and movement of members 402 according to a variety of different patterns to induce the flow of breast milk.”).
Regarding claim 18, the combination of Gozen/Bogdanovich discloses the garment of claim 16, wherein the one or more fabric-based sensors (Gozen: [0028] “the fabric of the garment may be layered and the sensor may be placed between layers of fabric”). However, the combination of Gozen/Bogdanovich fails to disclose a pressure sensor.
Hill discloses comprise a pressure sensor disposed on a given layer of fabric among the plurality of layers of fabric, wherein the pressure sensor measures pressure applied to the given layer of fabric by an external force ([0086] “Sensors 504 can comprise one or more pressure sensors to detect an actual amount of force being applied to the breast tissue by members 402… In embodiments, actuators 404 can provide strain, pressure, or other data”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich to include a pressure sensor as disclosed in Hill to determine optimal levels and locations of compressive force to use in order to maximize the amount and speed of milk extraction (Hill [0090]).
Regarding claim 22, the combination of Gozen/Bogdanovich discloses the method of claim 20, wherein the one or more fabric-based sensors (Gozen: [0028] “the fabric of the garment may be layered and the sensor may be placed between layers of fabric”). However, the combination of Gozen/Bogdanovich fails to disclose a pressure sensor.
Hill discloses comprise a pressure sensor disposed on a given layer of fabric among the plurality of layers of fabric, wherein the pressure sensor measures pressure applied to the given layer of fabric by an external force ([0086] “Sensors 504 can comprise one or more pressure sensors to detect an actual amount of force being applied to the breast tissue by members 402… In embodiments, actuators 404 can provide strain, pressure, or other data”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich to include a pressure sensor as disclosed in Hill to determine optimal levels and locations of compressive force to use in order to maximize the amount and speed of milk extraction (Hill [0090]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozen (US 20200100721 A1) in view of Bogdanovich (US 20190046114 A1), and in further view of Walling (US 20170296097 A1).
Regarding claim 7, the combination of Gozen/Bogdanovich discloses the system of claim 1. However, the combination of Gozen/Bogdanovich fails to disclose user inputs.
Walling teaches a system comprising one or more articles of clothing that detect tension to estimate a change in volume. Walling discloses wherein the user device is further configured to receive user inputs, and the user inputs comprises one or more of: a daily diet; changes in a baby's weight; the user's sleeping schedule; the user's daily work schedule ([0033] “a user can track one or more diets and/or one or more activities. Diets can comprise food, drinks, nutritional supplements, medication, the like, and/or any combination of the foregoing. Activities can comprise workout routines, workout durations, aerobic activities, anaerobic activities, the like, and/or any combination of the foregoing. In an aspect, milk production based on volume change can be correlated to the one or more diets and/or the one or more activities for an individual user and/or for an aggregation of multiple users. A user can indicate a target milk production and/or a target change in milk production. A diet recommendation and/or an activity recommendation can be made based on the target milk production and/or the target change in milk production.” [0034] “The recommended amount of breastmilk can be based on tracking a plurality of babies and/or correlating baby growth to calories and/or consumed breastmilk.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich to include user inputs as disclosed in Walling to provide diet recommendation and/or an activity recommendation based on the user inputs to assist users in reaching a target milk production and/or change in milk production (Walling [0033]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozen (US 20200100721 A1) in view of Bogdanovich (US 20190046114 A1), and in further view of Goodall (US 20180214026 A1).
Regarding claim 9, the combination of Gozen/Bogdanovich discloses the system of claim 1. However, the combination of Gozen/Bogdanovich fails to disclose a social media platform.
Goodall teaches breast monitoring systems. Goodall discloses wherein the user device is further configured to provide a social media platform for a user to signup, and wherein the user provides information and receives advice on the social media platform ([0112] “the transmission unit can be configured to post the information regarding the calculated breast volume delta to a website that allows the nursing mother to track breastfeeding events, compare data with other nursing mothers, get advice on nursing/breastfeeding issues, and the like.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich discloses to include a social media platform so that the nursing mother may compare data with other nursing mothers and receive advice on nursing/breastfeeding issues (Goodall [0112]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozen (US 20200100721 A1) in view of Bogdanovich (US 20190046114 A1), and in further view of Rider (US 20160183602 A1).
Regarding claim 13, the combination of Gozen/Bogdanovich discloses the system of claim 1. While Gozen teaches fabric-based sensors detachable from a smart bra, the combination of Gozen/Bogdanovich still fails to explicitly disclose the processor being detachable.
Rider teaches a smart breast support garment computing system for monitoring breastfeeding. The combination of Gozen/Bogdanovich/Rider discloses wherein the one or more fabric-based sensors and the processor are detachable from the smart bra (Gozen: [0029] “the sensor(s) [Figure 1A] is/are advantageously attachable and detachable from a wearable garment (e.g. such as a nursing bra) so that the wearable garment can be laundered separately.” Rider: [0059] “the smart breast support garment computing system is attachable to and detachable from a non-smart breast support garment.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich discloses to include a detachable processor as disclosed in Rider so that the wearable garment can be laundered separately from the electrical components that may otherwise get damaged (Gozen [0029]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gozen (US 20200100721 A1) in view of Bogdanovich (US 20190046114 A1), and in further view of Kumar (US 20200337938 A1) and Rider (US 20160183602 A1).
Regarding claim 14, the combination of Gozen/Bogdanovich discloses the system of claim 1. However, the combination of Gozen/Bogdanovich discloses fails to discloses clips and four layers. Rider teaches a smart breast support garment computing system for monitoring breastfeeding, and Kumar teaches a system for hands-free nursing and breast pumping.
The combination of Gozen/Bogdanovich/Kumar/Rider discloses wherein the garment further comprises a top clip and a bottom clip, wherein the plurality of layers of fabric comprises four layers (Rider: [0022] “FIG. 2, the breast cover 202 may be opened and closed for breastfeeding by virtue of the corresponding latch 204.” Kumar: [0021] “The garment comprises a bust cover comprising an outer layer (101), an inner layer (102) and a compression layer (103); a torso band (104) binding the outer layer, inner layer and compression layer and having a closure means (105);” [0040] “closure means (105) is a side release plastic buckle;”), and wherein:
an outer layer among the four layers provides modesty and is detachable via the top clip (Rider: [0022] “FIG. 2, the breast cover 202 may be opened and closed for breastfeeding by virtue of the corresponding latch 204.”),
an inner camisole layer among the four layers comprises a slit and is detachable via the bottom clip (Kumar: compression layer 103, vertical openings 302/303, and closure means 105 in Fig. 3),
a top inner layer and a bottom inner layer among the four layers rest behind the inner camisole layer and are detachable via the bottom clip (Kumar: inner layer 102 [top being above openings 201/202 and bottom being below] and closure means 105 in Fig. 2),
and the top inner layer overlaps the bottom inner layer, and the top inner layer and the bottom inner layer form a natural opening (Kumar: inner layer 102 and openings 201/202 in Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich to include a top clip as disclosed in Rider in order to open and close the breast cover for breastfeeding (Rider [0022]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich/Rider to include a bottom clip as disclosed in Kumar in order to allow the garment to be fastened in the back and worn as a bra (Kumar [0021]). It additionally would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gozen/Bogdanovich/Rider to include four layers with respective openings as disclosed in Kumar as the outer layer provides aesthetic coverage, the combination of the inner layer and compression layers forms a pocket for receiving the compression device for expelling milk, and the openings in the compression and inner layers are to facilitate the easy attachment of the breast pump flange to the breast (Kumar [0021, 0038]).
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.
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/M.H./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791