DETAILED ACTIONAcknowledgment is made of applicant’s preliminary amendment filed 6/1/23.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 Objections
Claims 4, 5, 22, 27, 43 and 44 are objected to because of the following informalities: The following lack antecedent basis: In claim 4, line 7, “the readout electronics”. In claim 5, line 3, “the readout electronics”. In claim 22, line 5, “the reference capacitor”. In claim 27, line 2, “the reference capacitor”. In claim 43, lines 3 and 4, “the sensing capacitor”. In claim 44, lines 2 and 3, “the sensing capacitor”. In claim 44, line 5, “the sensing capacitor”. Appropriate corrections are required.
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.
Claims 1, 19 – 22, 24, 27 and 47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko et al. (4,459,856 - hereinafter Ko).
Regarding claim 1, Ko discloses an apparatus comprising at least a first sensor (sensing capacitor) 22, 16, 14 and a second sensor (reference capacitor) 20, 16, 14, each of first sensor and the second sensor formed of stretchable, conformable materials, the first sensor having a first sensing impedance relatively more sensitive to a first type of external influence than to a second type of external influence; the second sensor having a reference impedance relatively less sensitive to the first type of external influence than the first sensor and relatively more sensitive to the second type of external influence than the first sensor; the sensor assembly configured to derive a cumulative signal dependent on first external influence but independent from the second external influence based upon a comparison of the sensing impedance and the reference impedance (See Fig. 2, See Col. 3, lines 59 - 68 and Col. 4, lines 1 - 19).
Regarding claim 19, the first sensor comprises a first electrode layer 20 that is at least partially conductive, a second electrode layer 22 that is at least partially conductive, and a dielectric layer 16 arranged between the first electrode layer and the second electrode layer, wherein said electrode layers and the dielectric layer extend in parallel planes (See Fig. 2).
Regarding claim 20, the dielectric layer comprises a compressible sensing portion (See Col. 4, lines 20 – 35).
Regarding claim 21, the dielectric layer compressible sensing portion comprises at least one void filled with air or another gas (See Col. 4, lines 20 – 35).
Regarding claim 22, the first electrode layer has a conductive sensing area forming a sensing capacitor and having a having a first surface area facing the first electrode layer, and a conductive reference area separated from the sensing area by an insulating area and forming the reference capacitor, the conductive reference area having a second surface area facing the second electrode layer corresponding in size to the first surface area (See Fig. 1, See Col. 3, lines 59 – 68 and Col. 4, lines 1 – 19). Regarding claim 24, the dielectric layer has an incompressible reference portion arranged between the reference area and the opposing area of the second electrode layer (See Col. 4, lines 20 - 35).
Regarding claim 27, a thickness of the reference capacitor in a direction perpendicular to the reference area differs from a thickness of the sensing capacitor in a direction perpendicular to the sensing area (See Col. 4, lines 36 – 52).
Regarding claim 47, the first electrode layer, the second electrode layer, and the dielectric layer are formed of stretchable materials, the dielectric layer comprises air and a second material that is elastic and conformable but not compressible, the second material defining a plurality of pillar structures separated by air gaps, wherein deformability of the pillar structures renders the dielectric layer compressible as a whole (See Col. 4, lines 20 - 35).6. Claims 1 – 5, 11, 12, 53 and 55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klemm (10,386,251).
Regarding claim 1, Klemm discloses an apparatus comprising at least a first sensor 1, 2, 3 and a second sensor 4, 2, 3, each of first sensor and the second sensor formed of stretchable, conformable materials, the first sensor having a first sensing impedance relatively more sensitive to a first type of external influence than to a second type of external influence; the second sensor having a reference impedance relatively less sensitive to the first type of external influence than the first sensor and relatively more sensitive to the second type of external influence than the first sensor; the sensor assembly configured to derive a cumulative signal dependent on first external influence but independent from the second external influence based upon a comparison of the sensing impedance and the reference impedance (See Fig. 1, See Col. 3, lines 10 – 58).
Regarding claim 2, the first sensor comprises a pressure sensitive impedance sensor and the first type of external influence comprises a compression pressure, and the second sensor is a stretch sensitive impedance sensor and the second type of external influence is a lateral stretching influence, each of the at least two sensors is attached to a conformable electrical wire (electrical component), and each of the at least two sensors is enveloped in a conformable electrical insulation layer, the at least two sensors collectively disposed in close proximity to one another, and each of the at least two sensors connected to a shared common reference electrode 4 (See Figs. 1 and 2, See Col. 7, lines 22 – 46).
Regarding claim 3, readout electronics are connected to the sensors, and the reference electrode, wherein the readout electronics is configured to read impedance signals from the sensors to reduce externally induced signal shifts and cross sensitivity effects (See Col. 8, lines 42 – 67 and Col. 9, lines 1 – 23). Regarding claim 4, the first sensor is more sensitive to mechanical effects of pressure than the second sensor, and the first sensor is more sensitive to mechanical effects of stretch than the second sensor, both sensors are sensitive to at least one other common stimuli such that external disturbances in the at least one other common stimuli relating to correlated changes in both signals are canceled out by algorithmic calculations performed by the readout electronics (See Col. 8, lines 42 – 67 and Col. 9, lines 1 – 23). Regarding claim 5, a shielding electrode (casing) is connected to the readout electronics and covers the sensors on one side, wherein the shielding electrode renders impedance of one or both of the sensors as insensitive or sensitive to external capacitive field changes (See Col. 7, lines 25 – 46). Regarding claim 11, an electrode is provided that is configured to detect proximity to an approaching object (See Col. 10, lines 57 – 67 and Col. 11, lines 1 – 60). Regarding claim 12, a plurality of conformable impedance sensing system units in the form of a matrix are provided, each conformable impedance sensing unit comprising sensors connected to a unit reference electrode (See Fig. 3, See Col. 10, lines 26 – 37). Regarding claim 53, the matrix of conformable impedance sensing system units further comprises at least one other sensor in addition to a plurality of conformable impedance sensing units, the at least one other sensor comprising a wearable sensor selected from the group consisting of a temperature sensor (See Col. 1, lines 26 – 38). Regarding claim 55, the readout electronics are accessible via a mobile device having a processor and memory embodying machine readable instructions causing the processor to collect data from the matrix of sensors (See Col. 8, lines 42 – 67 and Col. 9, lines 1 – 23).
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.
Claims 43 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over
Klemm in view of Ko.
Regarding claim 43, Klemm discloses an apparatus comprising at least a first sensor 1, 2, 3 and a second sensor 4, 2, 3, each of first sensor and the second sensor formed of stretchable, conformable materials, the first sensor having a first sensing impedance relatively more sensitive to a first type of external influence than to a second type of external influence; the second sensor having a reference impedance relatively less sensitive to the first type of external influence than the first sensor and relatively more sensitive to the second type of external influence than the first sensor; the sensor assembly configured to derive a cumulative signal dependent on first external influence but independent from the second external influence based upon a comparison of the sensing impedance and the reference impedance (See Fig. 1, See Col. 3, lines 10 – 58).
Klemm fails to disclose that the pressure sensor is connected to an external device configured to charge one or both of the sensing capacitor and a reference capacitor and to discharge one or both of the sensing capacitor and the reference capacitor to a collecting capacitor. However, Ko discloses an apparatus comprising a pressure sensor that is connected to an external device configured to charge one or both of the sensing capacitor and a reference capacitor and to discharge one or both of the sensing capacitor and the reference capacitor to a collecting capacitor 52, 54 (See Fig. 1, See Col. 5, lines 8 – 53). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Klemm according to the teachings of Ko for the purpose of, advantageously providing an improved device since this type of device has a relatively low output impedance whith facilitates the detection of small impedance variations and avoids interference and noise pick-up at output leads (See Koi, Col. 3, lines 21 – 25). Regarding claim 44, Klemm fails to disclose that the collecting capacitor has a capacitance greater than a capacitance of one or both of the sensing capacitor and the reference capacitor and the external device is configured to determine a first number of charge-discharge cycles needed to charge the collecting capacitor to a predetermined electric potential via the sensing capacitor as a cumulative signal, and a second number of charge-discharge cycles needed to charge the collecting capacitor to a predetermined potential via the reference capacitor after the reference capacitor and the collecting capacitor have been discharged as a reference signal, and to determine external pressure by processing the first number and second number of charge- discharge cycles. However, in Ko, the collecting capacitors 52, 54 have a capacitance greater than a capacitance of one or both of a sensing capacitor and a reference capacitor and the external device is configured to determine a first number of charge-discharge cycles needed to charge the collecting capacitor to a predetermined electric potential via the sensing capacitor as a cumulative signal, and a second number of charge-discharge cycles needed to charge the collecting capacitor to a predetermined potential via the reference capacitor after the reference capacitor and the collecting capacitor have been discharged as a reference signal, and to determine external pressure by processing the first number and second number of charge- discharge cycles (See Fig. 1, See Col. 5, lines 8 – 53). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Klemm according to the teachings of Ko for the purpose of, advantageously providing an improved device since this type of device has a relatively low output impedance whith facilitates the detection of small impedance variations and avoids interference and noise pick-up at output leads (See Koi, Col. 3, lines 21 – 25).10. Claims 57 and 58 are rejected under 35 U.S.C. 103 as being unpatentable over Klemm in view of Kassal et al. (5,885,222, hereinafter Kassal).
Regarding claim 57, Klemm fails to disclose that the device comprises a first conformable impedance sensing system unit having a first uninsulated body electrode configured for contact with a human body for sensing an electrical field generated by the human body, and a second conformable impedance sensing system unit having a second uninsulated body electrode configured for contact with the human body for sensing the electrical field generated by the human body, the first and second sensor assemblies, in combination, configured for detecting an electrocardiogram signal and a pressure exerted by the body electrode against the human body. However, Kassal discloses an apparatus comprising at least one first conformable impedance sensing system unit 10 (See Fig. 3) having a first uninsulated body electrode configured for contact with a human body for sensing an electrical field generated by the human body, and a second conformable impedance sensing system unit 10 having a second uninsulated body electrode configured for contact with the human body for sensing the electrical field generated by the human body, the first and second sensor assemblies, in combination, configured for detecting an electrocardiogram signal and a pressure exerted by the body electrode against the human body electrocardiogram (See Col. 2, lines 25 – 27 and 53 – 63). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Klemm according to the teachings of Kassal for the purpose of, advantageously providing an improved device since this type of device provides an acoustic sensor that is easy to use and that is very light weight (See Kassal, Col. 1, lines 32 – 35). Regarding claim 58, Klemm fails to disclose that five conformable impedance sensing system units are provided, each having a respective uninsulated body electrode configured for contact with a human body for sensing an electrical field generated by the human body, the respective uninsulated body electrodes disposed in a predetermined arrangement and connected to a processor configured to form a 12-channel electrocardiogram. However, in Kassal, a plurality of conformable impedance sensing system units 10 are provided, each having a respective uninsulated body electrode configured for contact with a human body for sensing an electrical field generated by the human body, the respective uninsulated body electrodes disposed in a predetermined arrangement and connected to a processor configured to form a 12-channel electrocardiogram (See Col. 2, lines 25 – 27 and 53 – 63). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify Klemm according to the teachings of Kassal for the purpose of, advantageously providing an improved device since this type of device provides an acoustic sensor that is easy to use and that is very light weight (See Kassal, Col. 1, lines 32 – 35).
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.12. Van Essen (2023/0320906) discloses an arrangement for compression treatment, in particular compression therapy arrangement and method for operating and monitoring the same. Rogers et al. (10,441,185) disclose flexible and stretchable electronics systems for epidermal electronics. Park et al. (2018/0326456) disclose a pressure sensor, and composite element and electronic device having the same. Altman et al. (8,121,800) disclose capacitive node measurement in a capacitative matrix pressure inducer. Eilersen (3,646,433) disclose a circuit for comparing the capacitance of capacitance elements.13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OCTAVIA HOLLINGTON whose telephone number is (571)272-2176. The examiner can normally be reached Monday-Friday 9am-5pm.
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/OCTAVIA HOLLINGTON/Primary Examiner, Art Unit 2855 9/27/25