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
The amendment filed on 12/24/2025 has been fully considered. Claims 1-3, 5, 8 -11 and 19 were amended. The amendments to claims 1 and 19 overcome the 112 2nd paragraph rejection of the office action mailed on 10/06/2025. Claims 1-19 have been examined on the merits.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corcoran (US 2018/0228226).
The device of Corcoran teaches,
With respect to claim 19,
A garment, comprising: a torso portion (10) ;
two arm portions (sleeves para 0016), wherein each arm portion extends from the torso portion to a wrist portion (Figure 1);
a plurality of pockets, wherein the plurality of pockets comprises:
a torso pocket (11d) that is positioned on the torso portion (Figure 1) and on a central portion between the two arm portions; and a distal pocket (11a) positioned on each of the arm portions near a distal arm portion of each of the arm portions (figure 1), and a proximal pocket (11c) on each of the arm portions between the distal pocket of each of the arm portions and the torso portion (Figure 1) wherein each pocket of the plurality of pockets is configured to contain an electronics module. It is noted that “configured to contain” is a functional recitation. The prior art teaches pockets that are capable for use to contain an electronic size they are pockets and appropriately sized to hold an electronic such an mp3 player or cellphone, and capable for use to orient the electronic module in a particular orientation, and therefore meets the claim language as currently recited, see MPEP 2414;
wherein at least one of the plurality of pockets comprises a pillowcase flap, overlapping fabric folds, an inner surface of a non-slip material, a strap, a hook and loop fastener, zipper, magnets, a fastening device (para 0018), a button (para 0018), or a combination thereof that is configured to retain the electronics module in the pocket (para 0018). The language “configured to retain” is a functional recitation the fastener taught by Corcoran is capable of retaining an electronic since it effectively closes the top of the pocket opening and meets the limitations as currently recited. See MPEP 2114.
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 and 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran (US 2018/0228226) in view of Kaib et al. (US 2017/0143977). The device of Corcoran discloses With respect to claim 1,
A garment (10) comprising;
a torso portion (10);
wherein the torso portion comprises at least one torso pocket (11d); and a first arm portion (sleeves), wherein the first arm portion extends from the torso portion to a wrist portion of the first arm portion (figure 1a);
a second arm portion (sleeves), wherein the second arm portion extends from the torso portion to a wrist portion of the second arm portion (Figures 1a);
at least five pockets (11d, c, b, a), wherein the at least five pockets comprise: at least one torso pocket (11d) positioned on the torso portion; a first arm distal pocket (11a) positioned on the first arm portion near the wrist portion of the first arm portion (Figure 1a), a first arm proximal pocket (11c) positioned on the first arm portion between the first arm distal pocket and the torso portion (Figure 1a), a second arm distal pocket (11a) on the second arm portion near the wrist portion of the second arm portion, and a second arm proximal pocket (11c) on the second arm portion between the second arm distal pocket and the torso portion (Figure 1a), wherein the at least one torso pocket is located on a central portion (Figure 1a) between the first arm portion and the second arm portion (sleeves); and
wherein each of the at least five pockets is configured to contain an electronics module and to orient the electronics module in a particular orientation; It is noted that “configured to contain” is a functional recitation and is not a positive recitation of an electronics module. The prior art teaches pockets that are capable for use to contain an electronic size they are pockets and appropriately sized to hold an electronic such an mp3 player or cellphone, and capable for use to orient the electronic module in a particular orientation, and therefore meets the claim language as currently recited, see MPEP 2414;
The device of Corcoran substantially discloses the claimed invention including the at least five pockets, but is lacking a visual indication of a correction orientation of the item in the pocket.
The device of Kaib teaches
Pockets that comprise a visual indication (shape) of a correct orientation of the electronics module contained therein (para 0207).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the pockets having visual indication of orientation taught by Kaib et al. in order to provide improved function such that the devices in the pocket are oriented to work correctly (para 0207).
With respect to claim 4, wherein each pocket is sized to retain a respective electronics module in a corresponding pocket while the garment is worn by a wearer.
With respect to claim 5, wherein at least one of the at least five pockets comprises a pillowcase flap, overlapping fabric folds, an inner surface of a non-slip material, a strap, a hook and loop fastener (para 0018), zipper, magnets, a fastening device (para 0018), a button (para 0018), or a combination thereof that is configured to retain the electronics module in the at least one of the pockets. It is noted that “configured to retain” is a functional limitation. The prior art is configured to retain an electronics module since it has a closed top portion and is sized to be capable of holding an electronics module. See MPEP 2114.
With respect to claim 6, wherein the garment is a base layer (para 0017) to be worn as a layer closest to skin of a wearer.
With respect to claim 7, wherein each of the at least five pockets is adhesively secured (para 0018) around a perimeter portion of the pocket to the arm portion or to the torso portion of the garment. It is noted that “adhesively secured” is a product by process limitation, the formed pockets of Corcoran are capable of being “adhesively secured” and therefore meet the limitation as currently presented, see MPEP 2113.
With respect to claim 8, wherein the first arm distal pocket (11a) is located proximate to a location between hands and an elbow of a wearer (Figure 1a) , the first arm proximal pocket (11c) is proximate to a location between a shoulder and the elbow of a wearer, the at least one torso pocket (11d) on the torso portion is located proximate to a location between shoulder blades of a wearer.
With respect to claim 9, wherein the at least five pockets, the arm portion, and/or the torso portion comprises an antistatic material (para 0024, cotton is naturally antistatic).
With respect to claim 10, wherein each of the at least five pockets is independently on the inside or the outside of the garment (Figure 1a).
Claim(s) 2, 3, and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran and Kaib et al. as applied to claim 1 above, and further in view of Ross, Jr. (US 2014/0012161). The modified device of Corcoran substantially discloses the claimed invention but is lacking a torso having less compressive force.
The device of Ross, Jr. teaches,
With respect to claim 2, a garment of wherein the first arm portion and the second arm portion are configured to exert a compressive force on arms of a wearer (para 0034);
wherein the torso portion is configured to exert a force on a torso of a wearer that is less compressive than the compressive force on the arms of the wearer (Claim 16).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to use a greater compression force in the sleeves as taught by Ross Jr. in order to provide improved comfort and flexibility for a user.
With respect to claim 3, wherein the visual indication is a color (hash marks, 4 indicating a different color than the pocket, see 37 CFR 1.84(n) ) near an opening of each pockets and wherein the color near the opening of each pocket corresponds to a corresponding color on an edge or a side of the electronics module. The color near the opening is capable of corresponding with a known electronic that has the same color as indicated, see MPEP 2114. the electronic is not required by the claim as currently recited.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the fastener having a color as taught by Ross Jr. in order to easily see and locate the opening of the pocket.
With respect to claim 12, wherein the visual indicator (117) is a non-slip material (hook and loop material is textured and therefore meets the limitation of being a non-slip material as currently required by the claim). It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the color fastener taught by Ross Jr. in place of the fastener of Corcoran in order to easily see and locate the opening of the pocket.
With respect to claim 13 A system, comprising: the garment of claim 1;
a plurality of electronics modules (90); and a computer-readable medium comprising computer-executable instructions that when executed by a processor cause the processor to: receive movement data from the plurality of electronics modules; analyze the movement data (para 0018); wherein the movement data relates to position and orientation of the electronics modules in three dimensional space over time (abstract); and display the movement data on a display device (para 0055).
With respect to claim 14, wherein movement data comprises the movement of a worker in a workplace environment (para 0055).
With respect to claim 15, wherein the electronics modules comprise at least two of an accelerometer (24), magnetometer, gyroscope (90), wireless communication device, heart rate sensor, sweat sensor, glucose monitor, electrocardiogram (ECG) sensor, blood oxygen sensor and optionally, temperature senso (112) pressure sensor, atmospheric oxygen sensor, atmospheric quality sensor, humidity sensor, and/or noise level meter.
With respect to claim 16, wherein the electronics module further comprises a GPS sensor.
With respect to claim 17, the device of Corcoran teaches wherein the system comprises two or more garments (10) and enough (more than 2) electronics modules for each of the pockets of the two or more garments.
With respect to claim 18, wherein the system further comprises a user interface to allow a user to access the movement data (para 0055).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the system including electronics modules taught by Ross Jr. in order to provide and improved therapeutic device that also monitors data while wearing.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran and Kaib et al. as applied to claim 1 above, and further in view of Alberth et al. (US 2016/0227856). The modified device of Corcoran substantially discloses the claimed invention including a pocket having a shield material but is lacking a EMI or RFI shielding material.
With respect to claim 11, wherein at least one of the at least five pockets comprises an electromagnetic interference (EMI) shielding material, a radio frequency interference (RFI) shielding material (18, abstract), or any combination thereof. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the material in order to provide protection against energy to the user (para 0003).
Response to Arguments
Applicant’s arguments 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
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 RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732