DETAILED ACTION
This action is pursuant to the claims filed on 12/05/2022. Claims 9-26 are pending. A first action on the merits of claims 9-26 is as follows.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/05/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 9-14 and 21-26 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.
Claims 9 and 21 each respectively recite the limitation "an electrode configured to come into contact with skin … a second opening outside the garment … wherein the second opening is substantially in close contact with the electrode". The metes and bounds of these limitations are indefinite. It is unclear how the second opening is simultaneously outside the garment and in substantially close contact with the electrode when the electrode is recited as “configured to come into contact with skin” (i.e., reasonably interpreted as on an inside of a garment to contact skin). Applicant’s specification (PGPub No. 2023/0210459) discloses in paragraph [0082] “[a]n opening of the water guiding portion 413 inside the garment 1 is substantially in close contact with the electrode 411” in reference to Fig 5. Further embodiments in Figs 2 and 7 both show similar openings 115/515 respectively that are in “substantially close contact” with electrodes 111/511 on the inside of the garment 1. Based on the above disclosures, the Examiner is of the position that this may be a clerical error by the applicant and will interpret the claimed second opening to be inside of the garment. Claims 10-14 and 22-26 inherit this deficiency.
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.
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) 9-10, 14-16, 20-22, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama (U.S. PGPub No. 2013/0237794) in view of Oleson (U.S. PGPub No. 2014/0189928).
Regarding claim 9, Nishiyama teaches A wearable biological signal measuring element and detachably connected to a controller (Fig 1A, 4, 5A-C, belt 20 with detachable connections 21 to controller 10; garment 110 is present in the system but detached from belt 20), the wearable biological signal measuring element comprising: an electrode configured to come into contact with skin (Fig 1A electrodes 30); an electric line that is connected to the electrode (Fig 3a-c, connection terminal 25 connected to electrode 30); an electric connector that is connected to the electric line (Fig 7A-B, connection terminal 25 connected to electrode connection terminal 15); and a water supply mechanism including a water guiding mechanism including a water guiding portion (Figs 7A-B, 9, tank 12, pipes 17 and 24; [0032] disclosing chlorine containing tap water as fluid), the water guiding porting including a first opening outside the garment and a second opening outside the garment, wherein the water guiding portion is configured to be supplied with water from the first opening (Fig 9 water from tank 12 enters opening of pipe 17), and wherein the second opening is substantially in close contact with the electrode (Fig 9, water from first opening of pipe 17 exits distally at a second opening at pipe 24 near electrode 30 on the inside of garment as shown in Fig 1B; examiner notes the 112b interpretation above for the second opening being interpreted as inside of the garment, rather than outside).
Nishiyama fails to explicitly teach the biological signal measuring element attached to a garment, wherein the electric connector penetrates the garment, and is detachably connected to the controller outside the garment, and the first opening is outside of the garment.
In related prior art, Oleson teaches a similar wearable biological signal measuring element that is attached to a garment and detachably connected to a controller (Figs 1A-B, sensor arrangement 14 is integrated with garment 10 & electronics module 22 is detachably connected to receptacle 20 on front side of garment); wherein the electric connector penetrates the garment, and is detachably connected to the controller outside the garment (Fig 1A-B and Fig 6, receptacle 20 has connection pins 80 that penetrate through garment for detachable connection to controller outside of 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 controller, electric connector, and garment of Nishiyama in view of Oleson to incorporate the measuring element attached to a garment such that the electric connector penetrates the garment to detachably connect to the controller outside the garment, thus providing the first opening outside of the garment to arrive at claim 9. Providing the garment attached to the signal measuring element such that the controller is detachably connected to an outside of the garment would advantageously integrate the garment with the signal measuring element to yield a more comfortable arrangement while simultaneously providing a releasable electronics module that is comfortable for the user ([0006]).
Regarding claim 10, Nishiyama further teaches a water tank in a middle portion of the water guiding mechanism (Figs 1A-B, 5C, 9; water tank 12 is in middle portion of water guiding mechanism that branches in both directions to each respective electrode 30).
Regarding claim 14, Nishiyama further teaches wherein the electrode is made of a conductive fibrous material ([0042] electrodes 30 composed of conductive fabric).
Regarding claim 15, Nishiyama teaches A wearable biological signal measuring element that is attached to a garment and detachably connected to a controller (Fig 1A, 4, 5A-C, belt 20 with detachable connections 21 to controller 10; garment 110 is present in the system but detached from belt 20), the wearable biological signal measuring element comprising: an electrode configured to come into contact with skin (Fig 1A electrodes 30); an electric line that is connected to the electrode (Fig 3a-c, connection terminal 25 connected to electrode 30); an electric connector that is connected to the electric line (Fig 7A-B, connection terminal 25 connected to electrode connection terminal 15); and a water supply mechanism including a water guiding mechanism including a first water tank connected to an opening of the water guiding mechanism inside the garment (Fig 9, pipes 17/24 have openings that release water near electrode 30 in the enclosed space of the belt 20 on the inside of the garment 100; examiner notes the pipe 24 and space surrounding pipe 24 is interpreted as a “tank” given it is an enclosed space capable of holding and pooling water therein), the first water tank including a through hole in a contact surface with the electrode (Fig 9, pipe 24 has through hole at distal end at contact surface with electrode 30).
Nishiyama fails to explicitly teach the biological signal measuring element attached to a garment, wherein the electric connector penetrates the garment, and is detachably connected to the controller outside the garment.
In related prior art, Oleson teaches a similar wearable biological signal measuring element that is attached to a garment and detachably connected to a controller (Figs 1A-B, sensor arrangement 14 is integrated with garment 10 & electronics module 22 is detachably connected to receptacle 20 on front side of garment); wherein the electric connector penetrates the garment, and is detachably connected to the controller outside the garment (Fig 1A-B and Fig 6, receptacle 20 has connection pins 80 that penetrate through garment for detachable connection to controller outside of 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 controller, electric connector, and garment of Nishiyama in view of Oleson to incorporate the measuring element attached to a garment such that the electric connector penetrates the garment to detachably connect to the controller outside the garment, thus providing the first opening outside of the garment to arrive at claim 15. Providing the garment attached to the signal measuring element such that the controller is detachably connected to an outside of the garment would advantageously integrate the garment with the signal measuring element to yield a more comfortable arrangement while simultaneously providing a releasable electronics module that is comfortable for the user ([0006]).
Regarding claim 16, Nishiyama further teaches a second water tank in a middle portion of the water guiding mechanism (Figs 1A-B, 5C, 9; water tank 12 is in middle portion of water guiding mechanism that branches in both directions to each respective electrode 30 and tanks).
Regarding claim 20, Nishiyama further teaches wherein the electrode is made of a conductive fibrous material ([0042] electrodes 30 composed of conductive fabric).
Regarding claim 21, Nishiyama teaches A biological signal measuring device comprising: a controller (Fig 1A and 4 controller 10); awearable biological signal measuring element comprising: an electrode configured to come into contact with skin (Fig 1A electrodes 30); an electric line that is connected to the electrode (Fig 3a-c, connection terminal 25 connected to electrode 30); an electric connector that is connected to the electric line (Fig 7A-B, connection terminal 25 connected to electrode connection terminal 15); and a water supply mechanism including a water guiding mechanism including a water guiding portion (Figs 7A-B, 9, tank 12, pipes 17 and 24; [0032] disclosing chlorine containing tap water as fluid), the water guiding porting including a first opening outside the garment and a second opening outside the garment, wherein the water guiding portion is configured to be supplied with water from the first opening (Fig 9 water from tank 12 enters opening of pipe 17), and wherein the second opening is substantially in close contact with the electrode (Fig 9, water from first opening of pipe 17 exits distally at a second opening at pipe 24 near electrode 30 on the inside of garment as shown in Fig 1B; examiner notes the 112b interpretation above for the second opening being interpreted as inside of the garment, rather than outside).
Nishiyama fails to explicitly teach the biological signal measuring element attached to a garment, wherein the electric connector penetrates the garment, and is detachably connected to the controller outside the garment, and the first opening is outside of the garment.
In related prior art, Oleson teaches a similar wearable biological signal measuring element that is attached to a garment and detachably connected to a controller (Figs 1A-B, sensor arrangement 14 is integrated with garment 10 & electronics module 22 is detachably connected to receptacle 20 on front side of garment); wherein the electric connector penetrates the garment, and is detachably connected to the controller outside the garment (Fig 1A-B and Fig 6, receptacle 20 has connection pins 80 that penetrate through garment for detachable connection to controller outside of 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 controller, electric connector, and garment of Nishiyama in view of Oleson to incorporate the measuring element attached to a garment such that the electric connector penetrates the garment to detachably connect to the controller outside the garment, thus providing the first opening outside of the garment to arrive at claim 21. Providing the garment attached to the signal measuring element such that the controller is detachably connected to an outside of the garment would advantageously integrate the garment with the signal measuring element to yield a more comfortable arrangement while simultaneously providing a releasable electronics module that is comfortable for the user ([0006]).
Regarding claim 22, Nishiyama further teaches a water tank in a middle portion of the water guiding mechanism (Figs 1A-B, 5C, 9; water tank 12 is in middle portion of water guiding mechanism that branches in both directions to each respective electrode 30).
Regarding claim 26, Nishiyama further teaches wherein the electrode is made of a conductive fibrous material ([0042] electrodes 30 composed of conductive fabric).
Claim(s) 11, 17, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama in view of Oleson, and in further view of Tanaka (U.S. PGPub No. 2001/0027269).
Regarding claims 11 and 23, Nishiyama further teaches wherein the water guiding mechanism includes a valve between the water tank and the electrode (Fig 7A, control valve 18).
Nishiyama fails to teach wherein the valve is electromagnetic.
In related prior art, Tanaka teaches that the use of an electromagnetic valve to control the supply of a liquid is known in the art (at least [0030]). 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 valve of Nishiyama in view of Oleson and Tanaka to incorporate an electromagnetic valve between the water tank and electrode to arrive at claims 11 and 23 respectively. Doing so would be obvious to one of ordinary skill in the art as the use of electromagnetic valves in place of simple mechanical valves is well-known in the art to yield predictable results therein. Furthermore, it has been held that “broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art”. In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958).
Regarding claim 17, Nishiyama further teaches wherein the water guiding mechanism includes an electromagnetic valve between the second water tank and the electrode. (Fig 7A, control valve 18 between tank 12 and electrode 30).
Nishiyama fails to teach wherein the valve is electromagnetic.
In related prior art, Tanaka teaches that the use of an electromagnetic valve to control the supply of a liquid is known in the art (at least [0030]). 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 valve of Nishiyama in view of Oleson and Tanaka to incorporate an electromagnetic valve between the water tank and electrode to arrive at claim 17 respectively. Doing so would be obvious to one of ordinary skill in the art as the use of electromagnetic valves in place of simple mechanical valves is well-known in the art to yield predictable results therein. Furthermore, it has been held that “broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art”. In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958).
Claim(s) 12, 18, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama in view of Oleson, Tanaka, and in further view of Engman (U.S. PGPub No. 2021/0052227).
Regarding claims 12, 18, and 24, the Nishiyama/Oleson/Tanaka combination teaches the device of claims 11, 17, and 23 respectively as stated above. Nishiyama discloses the manual pressing of a section to drive water to the electrode ([0033]).
Nishiyama fails to teach wherein a lead-off state is configured to be detected when the electrode is dried, and the electromagnetic valve is configured to be driven to supply water.
In related prior art, Engman teaches wherein a lead-off state is configured to be detected when the electrode is dried, and the supplying water to the electrode to remedy the dried electrode ([0069] disclosing detecting of lead-off state and remedying it by adding moisture to electrode). 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 controller and valve of Nishiyama in view of Oleson, Tanaka, and Engman to incorporate the electromagnetic valve configured to be driven to supply water to the electrode when a lead-off state is detected to arrive at claims 12, 18, and 24. Doing so would advantageously enable the device to detect poor quality contact between the electrode and skin and take action to prevent the acquisition of poor signals by driving water to the electrode ([0069] disclosing detecting of lead-off state and remedying it by adding moisture to electrode). Furthermore, it has been held that “broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art”. In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). In the instant case, the prior art discloses a manual activity of providing water to wet an electrode for increased conductivity between the skin-electrode interface which accomplishes the same result of wetting a dry electrode as claimed (Nishiyama, pressing section 13; Engman [0069] discloses manually applying water to remedy a detected dried out condition).
Claim(s) 13, 19, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama in view of Oleson, and further in view of Engman.
Regarding claims 13, 19, 25, the Nishiyama/Oleson combination teaches the device of claim 9 and 15 respectively as stated above.
Engman fails to teach wherein a lead-off state is configured to be detected when the electrode is dried.
In related prior art, Engman teaches a similar device wherein a lead-off state is configured to be detected when the electrode is dried ([0069] disclosing detecting of lead-off state and remedying it by adding moisture to electrode). 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 device of Nishiyama in view of Oleson and Kumar to incorporate the ability to detect a lead-off state when the electrode is dried to arrive at claims 13, 19, and 25 respectively. Doing so would advantageously notify a user of when there is poor quality contact between the electrode and skin to take action to prevent the acquisition of poor signals ([0069] disclosing detecting of lead-off state and remedying it by adding moisture to electrode).
Conclusion
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794