DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 47/17/2023 is being considered by the examiner.
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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “central electronic unit” in claims 9 and 11. In the specification the “central electronic unit” is mentioned only as a central electronic unit in a device.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9-15 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 11 and 13-15 states “System according to claim 8”. Claim 8 is not a system claim and it is indefinite whether it is referring to sensing connector assembly claim 8. For examination purposes it is taking to mean the sensor connector assembly claim 8.
Claim 12 states “System according to claim 9”. Claim 9 is not a system claim and it is indefinite whether it is referring to sensing connector assembly claim 9. For examination purposes it is taking to mean the sensor connector assembly claim 9.
Claims 10 and 11 recites the limitation "the electrical contact" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 9 and 11, Claim limitation “central electronic unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. However, the specification only reviews to this element as the claim sets forth “central electronic unit” and although, it is structure, it is unclear what the s Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 7 and 10 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Berg et al. (US20160270727A1) herein referred to as “Berg”.
Regarding claim 1, Berg teaches: Sensing connector assembly for providing an electrical connection between an electrical contact of a sensor device and an electrically conductive path on a first side of a wearable fabric ([Figure 1. (110)]), the sensing connector assembly comprising ([0029]; “a garment to a mating object 30 includes: a fabric interlayer 110 of the garment including a set of ports 115; a backing plate 140, adjacent to a first side of the fabric interlayer 110, including a set of through holes aligned with the set of ports 115; an electronics substrate 120 having a first surface adjacent to a second side of the fabric interlayer”): a first connecting part destined to contact the first side of the wearable fabric and comprising an opening configured to receive the sensor device ([Figure 1]; Berg teaches connection part 120 contacting fabric 110 and comprising an opening to receive mating object (which is seen as a sensor device) ); a second connecting part destined to contact a second side of the wearable fabric ([Figure 1]; Berg teaches a second side 140 contacting a second side of fabric 110), the second connecting part being configured to mechanically cooperate with the first connecting part such that the first and second connecting parts can be fastened on each side of the wearable fabric ([0072]; “the backing plate 140 is preferably configured to receive and correspond to the set of fasteners, such that the backing plate 140 is rigidly coupled to the electronics substrate 120 and the fabric interlayer no is compressed between the backing plate 140 and the electronics substrate 120.”) and extend in a connection plane ([figure 11]; Berg teaches first connecting part 120 and second connecting part 140 extending in the connection plane) ; wherein the first connecting part comprises a first connecting rim at the periphery of the opening ([Figure 11]; Berg teaches the first connecting part 120 having a e connecting rim 130 at the edge of the opening) , the connecting rim being configured to cooperate with sensor device ([Figure 11]; Berg teaches the connecting rim cooperating with sensor device 30), wherein the sensor device comprises a second connecting rim configured to cooperate with the first connecting rim and wherein the first connecting rim comprises a projecting edge and the second connecting rim comprises a grooved edge substantially conformal with the projecting edge, such as to attach the sensor device to the first connecting part ([Figure 11]; Berg teaches first connecting side 120 having a rim 130 and a projecting edge as shown with an arrow below.) such as to form a water-tight form-fitting connection ([0032]; “ As such, the system 100 is preferably configured to provide a liquid-tight interface (e.g., by way of a seal) between conductive components of the garment and conductive receptors on the mating object 30, upon coupling of the mating object 30 to the system 100, such that sweat or water which may be intermingled with the fabric(s) of the garment cannot penetrate the system 100 and interfere with sensitive portions “), and such that the electrical contact exerts a predetermined force in a direction substantially orthogonal to the connection plane and against the first side of the wearable fabric, when the second connecting part is fastened to the first connecting part ([0071]; “the backing plate 140 functions to provide a mechanical means against which to compress other portions of the system 100, including the mount assembly 130, the electronics substrate 120, and the fabric interlayer no. The backing plate 140 can function as support for the fabric interlayer no, so as, for example, to prevent deformations” The force is seen as orthogonal because the compression is orthogonal to the connection plane).
Regarding claim 2, Berg teaches: Sensing connector assembly according to claim 1. Berg further teaches: wherein the second connecting part comprises an elastic element arranged to contact the second side when the second connecting part is fastened to the first connecting part. ([Figure 1]; Berg teaches backing plate (which is seen as the second connecting part) in contact with a side of the fabric 110. [0073] “the backing plate 140 can be flexible or partially flexible, or comprise alternately rigid and flexible regions” the backing plate being flexible is seen as an elastic element)
Regarding claim 4, Berg teaches: Sensing connector assembly according to claim. Berg further teaches: wherein the first connecting rim comprises a rib and the second connecting rim comprises a groove. ([Figure 11]; Berg teaches a sensing device 30 with a groove at its rim and also mounting 130 with a rib, shown below with an arrow in figure 11)
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Regarding claim 7, Berg teaches: Sensing connector assembly according to claim 1. Berg further teaches: wherein the first connecting part comprises a coupling element configured to pass through the wearable fabric and cooperate with a receiving element of the second connecting part. ([Figure 1] Berg teaches fasteners 150 that pass through fabric 110 )
Regarding claim 10, Berg teaches: System comprising a wearable fabric ([Figure 1. (110)]), adapted to be worn by a user ([0034];” system 100 can be integrated with a wearable garment 400. “) and having at least an electrically conductive path on a first side[0041];” an electronics substrate 120 having a first surface adjacent to a second side of the fabric interlayer 110 ”), the system further comprising at least one sensing connector assembly ([Figure 1]), the sensing connector assembly comprising a first connecting part destined to contact the first side of the wearable fabric and comprising an opening configured to receive the sensor device ([Figure 1]; Berg teaches first contact 120 contacting fabric 110; a second connecting part destined to contact a second side of the wearable fabric ([Figure 1]; Berg teaches a second side 140 contacting a second side of fabric 110), the second connecting part being configured to mechanically cooperate with the first connecting part such that the first and second connecting parts can be fastened on each side of the wearable fabric ([0072]; “the backing plate 140 is preferably configured to receive and correspond to the set of fasteners, such that the backing plate 140 is rigidly coupled to the electronics substrate 120 and the fabric interlayer no is compressed between the backing plate 140 and the electronics substrate 120.”) and extend in a connection plane ([figure 11]; Berg teaches first connecting part 120 and second connecting part 140 extending in the connection plane); wherein the first connecting part comprises a first connecting rim at the periphery of the opening ([Figure 11]; Berg teaches the first connecting part 120 having a e connecting rim 130 at the edge of the opening), the connecting rim being configured to cooperate with sensor device ([Figure 11]; Berg teaches the connecting rim cooperating with sensor device 30), wherein the sensor device comprises a second connecting rim configured to cooperate with the first connecting rim, and wherein the first connecting rim comprises a projecting edge and the second connecting rim comprises a grooved edge substantially conformal with the projecting edge, such as to attach the sensor device to the first connecting ([Figure 11]; Berg teaches first connecting side 120 having a rim 130 and a projecting edge as shown with an arrow below.) such as to form a water-tight form-fitting connection, and such that the electrical contact exerts a predetermined force in a direction substantially orthogonal to the connection plane and against the first side of the wearable fabric, when the second connecting part is fastened to the first connecting part, wherein the second connecting part is fastened to the first connecting part. ([0071]; “the backing plate 140 functions to provide a mechanical means against which to compress other portions of the system 100, including the mount assembly 130, the electronics substrate 120, and the fabric interlayer no. The backing plate 140 can function as support for the fabric interlayer no, so as, for example, to prevent deformations” The force is seen as orthogonal because the compression is orthogonal to the connection plane).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Berg in view of Shin et al. (KR 101961728 B1) herein referred to as “Shin”.
Regarding claim 3, Berg discloses: Sensing connector assembly according to claim 1. Berg does not explicitly disclose: wherein the electrical contact comprises at least one connection pin protruding from the sensor device in a direction substantially orthogonal to the connection plane.
However, Shin discloses: wherein the electrical contact comprises at least one connection pin protruding from the sensor device in a direction substantially orthogonal to the connection plane. ([Figure 7]; Shin discloses protrusion 76 from device 74)
It would have been obvious to one of ordinary skill in the art prior to effective filling date of claimed invention to modify the sensor connector assembly as disclosed by Berg with the protrusion as disclosed by Shin the motivation being to connect a sensor device with a base member (Shin, [0052]).
Regarding claim 9, Berg discloses: Sensing connector assembly according to claim 8. Berg further discloses: wherein the sensor device comprises a central electronic unit configured to control electrode sensors ([0030];” mating object 30 (e.g., a portable control module as described herein), wherein the biometric signals can be detected from a user who is performing some type of physical activity and subsequently processed to provide information to the user in substantially near real time, such that the user can gain insights into how to maintain or improve performance of the physical activity in a beneficial manner”) Berg does not explicitly disclose: a sensor device configured to power electrode sensors.
However, Shin does discloses: a sensor device configured to power electrode sensors. ([0013]; “And a connector unit for connecting the power source while detaching and attaching the connector unit, wherein the connector unit is detachably attached by the magnetic force of the permanent magnet”)
It would have been obvious to one of ordinary skill in the art to modify the sensing connector as disclosed by Berg with the power source as disclosed by Shin the motivation being to provide power to components of the sensing connector ([0045]).
Regarding claim 12, Berg in view of Shin disclose: System according to claim 9. Berg further discloses: wherein the electrode is configured to contact the skin of the user when the wearable fabric is worn by the user. ([0035]; “that could otherwise result from relative motion between the skin of the user and the system 100.” And [0005]; “and designing for aesthetics, scalability, and maintaining electrode-skin contact during use by a user.”)
Claims 8 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Berg in view of Liu (US20150119677A1) herein referred to as “Liu”.
Regarding claim 8, Berg discloses: Sensing connector assembly according to claim 1. Berg does not explicitly disclose: wherein the sensor device comprises an electrode sensor comprising an electrode on the side of the electrode sensor opposed to the one comprising the electrical contact.
However, Liu discloses: wherein the sensor device comprises an electrode sensor comprising an electrode on the side of the electrode sensor opposed to the one comprising the electrical contact. ([Figure 10]; Liu discloses electrode sensor 104 opposed to electrical contact 102)
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of claimed invention to modify the sensing connector assembly as disclosed by Berg with the electrode placement as disclosed by Liu the motivation being obvious to try choosing from a finite configuration of placement of electrode relative to electrical contact with the predictable result of recording biological signals.
Regarding claim 13, Berg in view of Liu disclose: System according to claims 8. Berg further discloses: wherein the wearable fabric comprises a vest, bra, a shirt, a chest band or armband. ([0036];” In examples, the garment 400 can include any one or more of: a top (e.g., shirt, jacket, tank top, bra etc.), bottom (e.g., shorts, pants, capris etc.), elbow pad, knee pad, arm sleeve, leg sleeve, socks, undergarment, neck wrap, glove, and any other suitable wearable garment.”)
Regarding claim 14, Berg in view of Liu discloses: System according to claim 8. Berg discloses: A lead ([0039];” mating object 30 into the system 100 coupled to the garment 400 and in communication with a set of conductive leads of the biosensing contacts 500”) ECG measuring system ([0081]; “200 can provide a system configured to facilitate signal transmission associated with one or more of: electromyography (EMG) signals, electrocardiography (ECG) signals”. Berg does not explicitly disclose: forming a three-lead ECG measuring system.
However, it would have been obvious to one of ordinary skill in the art to modify the measuring system as disclosed by Berg with a three-lead system. the motivation being obvious to try choosing from a finite number of electrode lead configurations with the reasonable expectation of success. Berg uses a single lead system; the addition of another lead is obvious to provide a more accurate ECG reading.
Regarding claim 15, Berg in view of Liu disclose: System according to claim 8. Berg does not explicitly disclose: wherein said predetermined force is between 0.098 N and 2.94 N per electrical contact.
However, Berg discloses ([0076]) “the backing plate 140, the fabric interlayer 110, the electronics substrate 120, and the mount assembly 130 are compressed together” which is seen as providing a force. Furthermore, the electronics substrate being compressed is “The electronics substrate 120 is preferably a rigid printed circuit board (PCB), but can alternatively be semi-rigid, flexible, be composed of rigid and flexible regions, or have any other suitable structural consistency” and as such the force provided by an electronic contact is disclosed to be a result effective variable in that changing the force on the electrical contact could damage the circuitry. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Berg by titrating the force of the electrical contact to a range of 0.098N to 2.94N as a matter of routine optimization would lead to the predictable result of securing the sensing electrode without damage and since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Further, applicant places no criticality on the range clamed, indicating simply that the force “can” be between the claimed range (Specification pp. [0015] , [0030] )
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Berg in view of Liu further in view of Shin.
Regarding claim 11, Berg in view of Liu disclose, System according to claim 8. Berg does not explicitly disclose: wherein the sensor device of at least one sensing connector assembly comprises a central electronic unit and the sensor device of at least one sensing connector assembly comprises an electrode sensor comprising an electrode on the side of the electrode sensor opposed to the one comprising the electrical contact, the central electronic unit being configured to power and control the electrode sensor.
However, Liu discloses: comprising at least two sensing connector assemblies ([Figure 3]; Liu discloses multiple sensing connector assemblies), wherein the sensor device of at least one sensing connector assembly comprises a central electronic unit ([0036];” the front-end modules of active electrodes 031 comprise an elastic pad 091, a signal processing PCB 092,” and the sensor device of at least one sensing connector assembly comprises an electrode sensor comprising an electrode on the side of the electrode sensor opposed to the one comprising the electrical contact ([Figure 10]; Liu discloses electrode sensor 104 opposed to electrical contact 102)
It would have been obvious to one of ordinary skill in the art to modify the sensing connector as disclosed by Berg with the multiple electrodes as disclosed by Liu the motivation being the combination of prior multiple electrodes to a biosensor according to known methods to yield the predictable result of recording biological signals from multiple areas of the body.
However, Shin discloses: the central electronic unit being configured to power and control the electrode sensor. ([0013]; “And a connector unit for connecting the power source while detaching and attaching the connector unit, wherein the connector unit is detachably attached by the magnetic force of the permanent magnet”)
It would have been obvious to one of ordinary skill in the art to modify the sensing connector as disclosed by Berg with the power source as disclosed by Shin the motivation being to provide power to components of the sensing connector ([0045])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00.
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794