DETAILED ACTION
This action is pursuant to the claims filed on 04/06/2023. Claims 1-12 are pending. A first action on the merits of claims 1-12 is as follows.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/06/2023 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 § 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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanawa (WO 2018/002705) in view of Kurzweil (U.S. PGPub No. 2008/0287770)
Regarding claim 1, Hanawa teaches a biological information measuring belt for a calf (Fig 3 belt 3 with belt cover 5), the biological information measuring belt comprising: a first fabric (Pg 4 of translation; material of belt cover is fabric); and an electrode provided on a skin-side surface of the first fabric (Fig 3 electrodes 6 on skin-side surface of belt cover fabric capable of contacting skin surface of calf).
Hanawa fails to teach wherein a skin-side surface of the biological information measuring belt includes a high friction part having a mean friction coefficient MIU of 0.40 or more.
In related prior art, Kurzweil teaches a similar device wherein a skin-side surface of the biological information measuring belt includes a high friction part having a mean friction coefficient MIU of 0.40 or more ([0012] portions of garment on skin-side comprise a high friction material; [0087] disclosing high friction materials such as rubber or soft silicone; examiner notes paragraph [0112] of applicant’s specification discloses natural or synthetic rubber as a material selection of the high friction part). 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 belt of Hanawa in view of Kurzweil to incorporate a high friction part having a coefficient MIU of 0.4 or more. Doing so would advantageously work to keep the device in place on the user and prevent the sliding or unintentional movement of the device relative to the wearer ([0087] [0012]).
Hanawa discloses substantially all the limitations of the claim(s) except for the value of the tensile strength of the device under the testing conditions. It would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the belt of Hanawa to have a tensile strength of 2.8 N/cm or less at 5% stretching and 4.0 N/cm or less at 10% stretching, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). One would have done so to provide the belt with adequate stretchability to be used on animals of differing sizes as Hanawa discloses the insulating layer of the device has a stretchability capable of repeatedly expanding and contracting by 10% or more (Pg 11 of translation).
Regarding claim 2, in view of the combination of claim 1 above, Hanawa teaches a band member provided at at least one end part of the first fabric in a body peripheral direction (Fig 2 band member on belt is on either end of fabric of cover when cover is disposed over belt).
Regarding claim 3, in view of the combination of claim 2 above, Hanawa teaches a second fabric provided at at least one end part of the first fabric in the body peripheral direction (Figs 2-3, material of band member of belt 3 is a second fabric and is at a peripheral end of the first fabric when the belt cover of Fig 3 is applied to belt 3 of Fig 2) and/or on the band member in such a manner that the second fabric is positioned closer to skin than the band member (examiner notes the preceding limitation is recited in the alternative).
Regarding claim 4, in view of the combination of claim 2 above, Hanawa teaches the skin-side surface of the first fabric includes a low friction part having a lower mean friction coefficient MIU than the mean friction coefficient MIU of the high friction part (Fig 3 fabric material of belt cover 5 is necessarily a low friction part with a lower MIU).
Hanawa fails to teach wherein a skin-side surface of the band member includes the high friction part.
In related prior art, Kurzweil teaches a similar device wherein a skin-side surface of the biological information measuring belt includes a high friction part having a mean friction coefficient MIU of 0.40 or more ([0012] portions of garment on skin-side comprise a high friction material; [0087] disclosing high friction materials such as rubber or soft silicone; examiner notes paragraph [0112] of applicant’s specification discloses natural or synthetic rubber as a material selection of the high friction part). 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 belt of Hanawa in view of Kurzweil to incorporate a high friction part on the band member having a coefficient MIU of 0.4 or more. Doing so would advantageously work to keep the device in place on the user and prevent the sliding or unintentional movement of the device relative to the wearer ([0087] [0012]). Specifically providing the high friction part on the band member of Hanawa would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention, since applicant has not disclosed that high friction part on the band member solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the high friction part on any other skin-side location of the device.
Regarding claim 5, in view of the combination of claim 3 above, Hanawa teaches the skin-side surface of the first fabric includes a low friction part having a lower mean friction coefficient MIU than the mean friction coefficient MIU of the high friction part (Fig 3 fabric material of belt cover 5 is necessarily a low friction part with a lower MIU given it is not the high friction part).
Hanawa fails to teach wherein a skin-side surface of the second fabric includes the high friction part.
In related prior art, Kurzweil teaches a similar device wherein a skin-side surface of the biological information measuring belt includes a high friction part having a mean friction coefficient MIU of 0.40 or more ([0012] portions of garment on skin-side comprise a high friction material; [0087] disclosing high friction materials such as rubber or soft silicone; examiner notes paragraph [0112] of applicant’s specification discloses natural or synthetic rubber as a material selection of the high friction part). 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 belt of Hanawa in view of Kurzweil to incorporate a high friction part on the second fabric having a coefficient MIU of 0.4 or more. Doing so would advantageously work to keep the device in place on the user and prevent the sliding or unintentional movement of the device relative to the wearer ([0087] [0012]). Specifically providing the high friction part on the second fabric of Hanawa would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention, since applicant has not disclosed that high friction part on the second fabric solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the high friction part on any other skin-side location of the device.
Regarding claim 6, in view of the combination of claim 5 above, Hanawa further teaches wherein a skin-side surface of the band member includes the low friction part having a lower mean friction coefficient MIU than the mean friction coefficient MIU of the high friction part (Fig 3 fabric material of band member is necessarily a low friction part with a lower MIU given it is not the high friction part).
Regarding claim 7, in view of the combination of claim 4 above, Hanawa further teaches wherein the low friction part is present in at least a part of a region within 5 cm from an outer edge of the electrode (Fig 3 area within 5cm of electrodes 6 is a low friction part as Hanawa does not disclose a high friction part, therefore the majority of the surface of device is low friction).
Regarding claim 8, in view of the combination of claim 2 above, Hanawa further teaches a skin-side surface of the band member includes a low friction part having a lower mean friction coefficient MIU than the mean friction coefficient MIU of the high friction part (Fig 3 fabric material of band member is necessarily a low friction part with a lower MIU given it is not the high friction part).
Hanawa fails to teach wherein the skin-side surface of the first fabric includes the high friction part.
In related prior art, Kurzweil teaches a similar device wherein a skin-side surface of the first fabric includes a high friction part having a mean friction coefficient MIU of 0.40 or more ([0012] portions of garment on skin-side comprise a high friction material; [0087] disclosing high friction materials such as rubber or soft silicone; examiner notes paragraph [0112] of applicant’s specification discloses natural or synthetic rubber as a material selection of the high friction part). 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 first fabric of Hanawa in view of Kurzweil to incorporate a high friction part having a coefficient MIU of 0.4 or more. Doing so would advantageously work to keep the device in place on the user and prevent the sliding or unintentional movement of the device relative to the wearer ([0087] [0012]).
Regarding claim 9, in view of the combination of claim 8 above, Hanawa further teaches wherein the high friction part is present in at least a part of a region within 5 cm from an outer edge of the electrode (Fig 3 area within 5cm of electrodes 6 is a low friction part as Hanawa does not disclose a high friction part, therefore the majority of the surface of device is low friction).
Regarding claim 10, in view of the combination of claim 2 above, Hanawa further teaches wherein the band member has a longer length in the body peripheral direction than a length of the first fabric in the body peripheral direction (length of band of belt 3 of Fig 2 is longer than length of fabric of cover 5).
Regarding claim 11, in view of the combination of claim 3 above, Hanawa further teaches wherein the second fabric has a shorter length in the body peripheral direction than a length of the first fabric in the body peripheral direction (Pg 15, belt is 180 cm in length; Pg 4, length of belt cover is 70-150 cm; Modified Fig 2 below shows belt 3 with second fabric portion comprising substantially less than half the length of the 180 cm belt, such that the length of the second fabric appears to be shorter than a 150 cm first fabric of the belt cover).
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Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hanawa in view of Kurzweil to incorporate the length of the second fabric to be shorter than the first fabric as applicant appears to have placed no criticality on the claimed range and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists”. In reWertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 12, in view of the combination of claim 2 above, Hanawa further teaches a moving member comprising: a third fabric (Fig 3 device cover 8 with hook and loop fastener 10 defines moving member with third fabric); and a belt insertion part into which the band member is inserted, the belt insertion part being provided on a surface opposite to a skin-side surface of the third fabric (Pg 4 of translation disclosing belt cover may be a cylinder such that open ends of said cylinder are ‘belt insertion parts’ and are opposite skin-side surfaces of the third fabric), wherein the moving member is movable in the body peripheral direction of the band member (Fig 3 device cover 8 is configured to move in the body peripheral direction (i.e., away from the center)), and the skin-side surface of the third fabric includes the high friction part.
Hanawa fails to teach wherein a skin-side surface of the third fabric includes the high friction part.
In related prior art, Kurzweil teaches a similar device wherein a skin-side surface of the biological information measuring belt includes a high friction part having a mean friction coefficient MIU of 0.40 or more ([0012] portions of garment on skin-side comprise a high friction material; [0087] disclosing high friction materials such as rubber or soft silicone; examiner notes paragraph [0112] of applicant’s specification discloses natural or synthetic rubber as a material selection of the high friction part). 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 cover of Hanawa in view of Kurzweil to incorporate a high friction part on the skin side of the device cover having a coefficient MIU of 0.4 or more. Doing so would advantageously work to keep the device in place on the user and prevent the sliding or unintentional movement of the device relative to the wearer ([0087] [0012]). Specifically providing the high friction part on the device cover (i.e., third fabric) of Hanawa would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention, since applicant has not disclosed that high friction part on the third fabric solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the high friction part on any other skin-side location of the device.
Conclusion
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794