DETAILED ACTION
This action is pursuant to RCE filed on 4/24/2026. Claims 1-18, 21, and 23 are pending. A non-final action on the merits of claims 1-18, 21, and 23 is as follows.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/24/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18, 21, and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected because “the boundary […]” in the 13th and 14th clauses lacks antecedent basis.
Claims 2-18, 21, and 23 are rejected due to their dependance on claim 1.
Claims 3 and 9 are rejected because the claims state that the first stretchable section is non-stretchable. This is inconsistent with claim 1, upon which they depend, which states the first stretchable section has a stretchability. If it is a requirement of the section to have a stretchability, it is contradictory to then claim the section has no stretchability. For the purposes of compact prosecution, this will be interpreted as less stretchability than the other stretchable sections.
Claims 11, 14, and 17 are rejected due to their dependance on claim 3
Claims 12 and 15 are rejected due to their dependance on claim 9.
Claims 4, 10, 11, and 12 are rejected because they state the fold-back section has the first stretchability in the longitudinal direction. This contradicts claim 1. Claim 1 requires the first path (which defines a part of the second stretchable section and has the greater stretchability of the second stretchable section) to go through the fold-back section to the boundary of the first stretchable section and the fold-back section. Claims 4, and 10-12 require the fold-back section to have the first stretchability in the longitudinal direction. These two statements conflict because the first stretchability is only present in the first stretchable section which does not go through the fold back section based on the paths of claim 1. Therefore, it is unclear if the second path with the greater stretchability is supposed to define the fold back section or if the first path with less stretchability is supposed to define the fold back section.
Claim 18 is rejected due to its dependance on claim 4.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6, 9-18, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Gal (US 20080015454 A1) in view of “What is Velcro or Hook and Loop Tape” (hereinafter ‘What is Velcro’, https://www.youtube.com/watch?v=tE2w72YS1j8), and in further view of Ciccone (US 20110240034 A1).
Regarding independent claim 1, Gal discloses an electrode-equipped band (electrode band shown in Fig. 1) comprising:
a first band section (1st band section highlighted below in Fig. 1A) having a band shape and extending along a longitudinal direction (has a band shape and extends in a longitudinal direction as seen below in Fig. 1A); and
a second band section (second band section is the remainder of the band in Fig. 1A and shown below) provided in a first direction along the longitudinal direction with respect to the first band section (the second band section is provided in a direction in a longitudinal direction with the first section as shown in Fig. 1A and below) and extending along the longitudinal direction (extends in the longitudinal direction as seen in Fig. 1A and below), wherein
the second band section includes:
a first stretchable section (fist stretchable section highlighted in Fig. 12 below; the first stretchable section defines from the fold-back section all the way until the second band section meets the first band section) having a band shape (the section has a band shape as seen in Fig. 12), having a first surface and a second surface opposite to the first surface (the first surface faces towards the body and the second surfaces faces away from the body as seen in Fig. 1A), having first stretchability along the longitudinal direction (the first stretchability is created by the combination of the backing fabric and the Velcro strip in Fig. 12 and described in [0057]; the claim does not require the entire length of the first stretchable section to have the same stretchability, only that it has a first stretchability which can be present anywhere on the section), and having an electrical insulation property ([0036]: the band can be made of nylon which is known in the art to have electrical insulation properties);
an electrode (electrode 8 in Fig. 1A) being conductive [0031]: electrode 8 can be an active ECG electrode, which are conductive) and provided on the first surface of the first stretchable section ([0031]: the electrodes are mounted on the inner surface facing the skin and are present on the first stretchable section since that is the portion of the second band section between the fold back section and the first band section);
a second stretchable section (second stretchable section highlighted in Fig. 12 below) having a band shape (has a band shape as seen in Fig. 12), overlapping with the first stretchable section on a side of the second surface of the first stretchable section (overlaps when folded over as seen in Fig. 1A),
a ring member (ring member 1e in Fig. 1A) having a ring shape (ring is ring shaped as seen in Fig. 3B), provided at a position corresponding to a band end along the longitudinal direction of the second band section (the ring 1e is positioned such that the second band section goes through on the band end as seen in Fig. 1A), and connectable to the first band section (ring connects to first band section as seen in Fig. 1A and 3B);
a fold-back section (fold back section is where the second band folds back on itself in Fig. 1A and highlighted in one specific location in Fig. 12 below) provided at the band end of the second band section and between the first stretchable section and the second stretchable section of the second band section (the fold back section is at the end of the second band section between the two stretchable sections as shown in Fig. 12 below), the fold-back section being folded back at the ring member so that the first stretchable section and the second stretchable section overlap with each other ([0057]: the end of the second stretchable section is passed through the ring and folded back on itself so the two pieces of Velcro meet); and
a joining section (the Velcro sections 51a and 51b in Fig. 12) fixing the second surface of the first stretchable section and the second stretchable section ([0057]: the Velcro strips attach to each other when folded back), wherein
the first stretchable section and the second stretchable section overlap each other in a first path and a second path (first path and second path highlighted in Figs. 1A and 12 below which overlap each other when the Velcro sections are secured together),
the first path being from the joining section (end of the attached Velcro, which is also a part of each of the stretchable sections as stated earlier in the claim) through the second stretchable section (goes through the remaining portion of the Velcro and band that form the second stretchable section) and the fold-back section to the boundary between the first stretchable section and the fold-back section (ends at the boundary of the fold-back section and the first stretchable section as highlighted in Figs. 1A and 12 below; these paths do not define any actual structure, they simply outline parts of the stretchable sections),
the second path being from the joining section (end of the attached Velcro, which is also a part of each of the stretchable sections as stated earlier in the claim) through the first stretchable section (goes through the remaining portion of the Velcro and band that form the first stretchable section) to the boundary between the first stretchable section and the fold-back section (ends at the boundary of the fold-back section and the first stretchable section as highlighted in Figs. 1A and 12 below; these paths do not define any actual structure, they simply outline parts of the stretchable sections).
However, Gal does not disclose which stretchable section has the hooks of the Velcro and which section has the loops of the Velcro.
“What is Velcro” teaches what Velcro strips look like and the best methods to apply them. From the video, it is evident that Velcro strips have very limited stretchability, as shown below, and it is important to have the hooks on the side facing away from the skin so that when the Velcro is attached, the hooks do not abrade the skin as seen in the images below from the video (0:30-1:06). This shows that the Velcro strips when attached to the band would result in limited stretchability in their respective sections. The limited stretchability is a property of the Velcro shown by the video. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the Velcro placement of “What is Velcro” with the second band section such that the hooks are facing away from the body when the band is folded onto itself to limit the possibility of abrading the skin which would result .
However, the Gal/”What is Velcro” combination does not disclose the second stretchable section and the first path having a stretchability greater than the first stretchable section and the second path.
Ciccone teaches a securement system for an endotracheal tube. Although not directed towards sensing, the securement system still relies on a belt or band contacting the body to maintain the placement of the tube (Fig. 1). This art is therefore analogous to both Gal and the claimed invention because they are all directed towards the same problem of securing a medical device to the body of a user. Furthermore, Ciccone teaches utilizing a material called Velstretch for the attachment members which keep the band tight against the head of the user ([0190]). Velstretch is a known material in the art that is made by Velcro where the “loops” are embedded in a stretchable material that allow for increased stretchability over traditional Velcro loops. Replacing the standard Velcro loops of the Gal/”What is Velcro” combination would increase the stretch of the loop section while the hook section remains less stretchable. Increasing the stretch of the loops compared to the hooks of the Velcro would results in the second stretchable section and the first path having a stretchability greater than the first stretchable section and the second path because the loops of the Velstretch which form part of the second stretchable section to have more stretchability than the standard hooks of the first stretchable section. The claim does not require the entire stretchable sections to have the same stretchability, only that the they have different stretchability from each other which can be accomplished by altering the stretchability of any portion of the sections. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the Velstretch of Ciccone with the Velcro loops of the Gal/”What is Velcro” combination such that the loops of the securing section have increased stretchability to allow the band to maintain tension against the body resulting in the second stretchable section and the first path having greater stretchability than the first stretchable section and the second path.
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Regarding claim 2, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 1, wherein,
the first stretchable section includes:
a base section (the fabric of the ADJ section in Fig. 1A that is under the Velcro hooks as seen in Fig. 12) having third stretchability ([0033]: the ADJ section is made from elastic material) that allows greater stretch along the longitudinal direction than the first stretchability (the elastic would stretch more than the first stretchability because the Velcro hooks limit the stretchability in the combination above), the base section forming the first surface (the base section forms the side that contacts the body as seen in Fig. 1A and Fig. 12); and
a stretchability adjustment member (Velcro hook layer 51b) fixed to the base section (fixed onto the base section as seen in Fig. 12) and having fourth stretchability (Velcro hooks have a low stretchability as taught in the combination above) that allows lower stretch along the longitudinal direction than the third stretchability (Velcro hooks will stretch less than the elastic material in the combination), the stretchability adjustment member being configured to adjust stretchability of the first stretchable section along the longitudinal direction so that the first stretchable section has the first stretchability using the third and the fourth stretchability (the first stretchable section includes the base fabric and the Velcro hooks; the Velcro hooks lower the stretchability of the first stretchable section such that the combination creates the first stretchability as described above), the stretchability adjustment member forming the second surface (the Velcro hooks are on the second surface as seen in Fig. 12).
Regarding claim 3, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 1, wherein the first stretchable section is non-stretchable along the longitudinal direction (the hooks in the Velcro of the combination have a very low stretchability to no stretchability as seen in “What is Velcro”).
Regarding claim 4, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 1, wherein the fold-back section has the first stretchability in the longitudinal direction (the fold back region can have the first stretchability when the Velcro hooks start to be pulled through the ring, which would happen for a smaller chest).
Regarding claim 5, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 1, wherein the fold-back section has the second stretchability in the longitudinal direction (the fold back region can have the second stretchability when the Velcro loops aren’t pulled all of the way through, which would happen for a larger chest).
Regarding claim 6, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 1, wherein the first band section is folded back at the ring member toward a position outside the first band section to adjust a length of the first band section (the first band section is folded back on itself as seen in Figs. 3B to create the loop that connects to the ring, the length of the fold determines the length of the section), and has a detachable connecting section (stitch area in Fig. 3B which is detachable because stiches can be cut) on an outside surface of the first band section (on the outside of the band as seen in Fig. 3B).
Regarding claim 9, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 2, wherein the first stretchable section is non-stretchable along the longitudinal direction (the hooks in the Velcro of the combination have a very low stretchability to no stretchability as seen in “What is Velcro”).
Regarding claim 10, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 2, wherein the fold-back section has the first stretchability in the longitudinal direction (the fold back region can have the first stretchability when the Velcro hooks start to be pulled through the ring, which would happen for a smaller chest).
Regarding claim 11, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 3, wherein the fold-back section has the first stretchability in the longitudinal direction (the fold back region can have the first stretchability when the Velcro hooks start to be pulled through the ring, which would happen for a smaller chest).
Regarding claim 12, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 9, wherein the fold-back section has the first stretchability in the longitudinal direction (the fold back region can have the first stretchability when the Velcro hooks start to be pulled through the ring, which would happen for a smaller chest).
Regarding claim 13, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 2, wherein the fold-back section has the second stretchability in the longitudinal direction (the fold back region can have the second stretchability when the Velcro loops aren’t pulled all of the way through, which would happen for a larger chest).
Regarding claim 14, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 3, wherein the fold-back section has the second stretchability in the longitudinal direction (the fold back region can have the second stretchability when the Velcro loops aren’t pulled all of the way through, which would happen for a larger chest).
Regarding claim 15, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 9, wherein the fold-back section has the second stretchability in the longitudinal direction (the fold back region can have the second stretchability when the Velcro loops aren’t pulled all of the way through, which would happen for a larger chest).
Regarding claim 16, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 2, wherein the first band section is folded back at the ring member toward a position outside the first band section to adjust a length of the first band section (the first band section is folded back on itself as seen in Figs. 3B to create the loop that connects to the ring, the length of the fold determines the length of the section), and has a detachable connecting section (stitch area in Fig. 3B which is detachable because stiches can be cut) on an outside surface of the first band section (on the outside of the band as seen in Fig. 3B).
Regarding claim 17, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 3, wherein the first band section is folded back at the ring member toward a position outside the first band section to adjust a length of the first band section (the first band section is folded back on itself as seen in Figs. 3B to create the loop that connects to the ring, the length of the fold determines the length of the section), and has a detachable connecting section (stitch area in Fig. 3B which is detachable because stiches can be cut) on an outside surface of the first band section (on the outside of the band as seen in Fig. 3B).
Regarding claim 18, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 4, wherein the first band section is folded back at the ring member toward a position outside the first band section to adjust a length of the first band section (the first band section is folded back on itself as seen in Figs. 3B to create the loop that connects to the ring, the length of the fold determines the length of the section), and has a detachable connecting section (stitch area in Fig. 3B which is detachable because stiches can be cut) on an outside surface of the first band section (on the outside of the band as seen in Fig. 3B).
Regarding claim 21, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 1, wherein
the first stretchable section and the fold-back section are continuous with each other through a boundary (the first stretchable section is continuous with the fold back section as seen in annotated Fig. 12 above through the boundary of the fold back section as annotated; “a boundary” is a broad term that is broadly interpreted as an arbitrary position right before the fold-back section),
the joining section is provided at a position away from the fold-back section and the ring member (when folded back, the joining section is away from the fold back section and the ring member as seen in Fig. 1A as it folds away from the ring to mate the Velcro strips), and
the fold-back section and the second stretchable section are provided in a path between the boundary and the joining section (when folded as in Fig. 1A, the fold back section and the second stretchable section are between the boundary, which is the end of the first stretchable section, and the joining section), and the second stretchable section between the fold-back section and the joining section is more stretchable than the first stretchable section (the second stretchable section of the combination includes the Velstretch loops that are more stretchable than the first stretchable section; the joining section is exactly where the two Velcro types meet and the loops can overhang and not mate with the hooks, thus forming a section that is more stretchable than the first stretchable section between the fold-back section and the joining section; additionally, the hooks of the first stretchable section make the first section relatively inelastic compared to the webbing 1d, thus the webbing that forms the back of the second stretchable section is exposed in the area between the fold-back section and the joining section and is more stretchable than the first stretchable section).
Regarding claim 23, the Gal/“What is Velcro”/Ciccone combination discloses the electrode-equipped band according to claim 1, wherein the joining section permanently joins the second surface of the fist stretchable section and the second stretchable section (the joining section permanently joining the two surfaces is interpreted functionally since specific structure to join the two surfaces is not claimed; the Velcro surfaces of the first and second stretchable sections are capable of being permanently joined if they are not separated from each other by an outside force, which is the same for sewn or adhered sections which can also be separated by force).
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over the Gal/ “What is Velcro”/Ciccone combination as applied to claim 1 and described above, in further view of Sims et al. (hereinafter ‘Sims’, US 20070293781 A1).
Regarding claim 7, the Gal/“What is Velcro”/Ciccone combination discloses the invention substantially in claim 1 and described above. Gal further discloses a cable 1c that detachably connects sensors to an electronics module ([0032]). Gal further discloses that the electrodes can be connected to the ribbon cable and the electronics module by wires 10 ([0032]). Since there are electrodes throughout the first stretchable section of the second band section, the wires are disposed on the first stretchable section to connect the sensors/electrodes to the electronics module.
However, the combination is silent to the electronic apparatus present on the band of the electrode.
Sims teaches a wearable physiological monitoring device that contains a central body connecting two sections of a band ([Abstract], Fig. 1). Sims further teaches that the central body contains a PC board containing the electronic components for processing the signal ([0122], [0084]). Sims further teaches that including the PC device body locally in the housing on the band reduces the bandwidth requirements for transmission and aids in preserving battery life ([0084]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the placement of the electronics body with the band system of the Gal/“What is Velcro”/Ciccone combination which would place the main body between the band sections and allow for reduced bandwidth requirements for transmission and improved battery life for the active components.
Regarding claim 8, the Gal/“What is Velcro”/Ciccone combination discloses a wearable apparatus comprising:
the electrode-equipped band according to claim 1 (band according to the combination described above); and
a main body section (electronics apparatus in Fig. 1A) that houses a control substrate with a control unit electrically connected to the electrode ([0032]: the electronic circuitry disposed on the band itself which is a physiological monitoring system which are a control unit by processing and transmitting the signals)
However, the Gal/“What is Velcro”/Ciccone combination does not disclose the main body provided between the first band section and the second band section of the electrode-equipped band.
Sims teaches a wearable physiological monitoring device that contains a central body connecting two sections of a band ([Abstract], Fig. 1). Sims further teaches that the central body contains a PC board containing the electronic components for processing the signal ([0122], [0084]). Sims further teaches that including the PC device body locally in the housing reduces the bandwidth requirements for transmission and aids in preserving battery life ([0084]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the placement of the electronics body with the band system of the Gal/”What is Velcro”/Ciccone combination which would place the main body between the band sections and allow for reduced bandwidth requirements for transmission and improved battery life for the active components.
Response to Arguments
Applicant’s arguments regarding the 112a rejection of claim 22 has been fully considered and are persuasive in light of the claim being cancelled. The 112a rejection of claim 22 has been withdrawn.
Applicant’s amendments to claims 16-18 have overcome the 112b rejections regarding the antecedent basis issue in those claims. The previous 112b rejection of those claims regarding the antecedent basis issue have been withdrawn.
Applicant’s argument regarding the 112b rejections of claims 3, 9, 11-12, 14-15, and 17 have been fully considered but are not persuasive. Upon further consideration, claims 3 and 9 still contradict claim 1. Claim 1 requires the first stretchable section to have a stretchability and claims 3 and 9 claim that the first stretchable section has no stretchability. These are contradictory statements. It is unclear if the stretchable section should be stretchable or not. Therefore, the claims remain rejected.
Applicant’s arguments regarding claim 1 have been fully considered but are not persuasive. The applicant argues that the amendment introduces structure that is not disclosed by Gal. However, this is not persuasive. Upon further consideration, the amendments do not actually add any specific structure. They simply define the paths of the first and second stretchable sections. The structure of these sections is not altered in any way by the amendments. As stated above, the first and second paths exist as highlighted in Figs. 1A and 12. Additionally, the first path has a greater stretchability than the second path because the second stretchable section is more stretchable than the first stretchable section. The paths also overlap when the two sections are joined. Therefore, the combination of record discloses the amended limitations and the rejection of claim 1 remains.
The rejections of claims 2-18 and 21 remain because the rejection of claim 1 remains.
Claim 23 is rejected because, upon further consideration, it does not provide structure that overcomes the prior art. The claim states that the joining section “permanently joins” the first and second stretchable sections. This is a functional limitation of the joining section. No specific structure is claimed to provide for this function. Velcro is capable of permanently joining the two sections together as long as it is not physically separated. Two pieces of Velcro can be joined together and set down and they will remain connected permanently. Thus, the Velcro of Gal is capable of performing the claimed function. Therefore, claim 23 is rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM E MOSSBROOK whose telephone number is (703)756-1936. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.M./ Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/ Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights