DETAILED ACTION
This action is pursuant to the claims filed on 05/18/2026. Claims 1-8 and 16-22 are pending. A first action on the merits of claims 1-8 and 16-22 is as follows.
Response to Amendment
Applicant’s amendment to the claims are acknowledged and entered accordingly.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4; “wherein the one or more sweat patches stretch in one direction; and wherein the one or more sweat patches are oriented to stretch in a direction that is perpendicular to the length…” should read “wherein the one or more sweat patches stretch in one direction that is perpendicular to the length…” to provide clarity and conformity between the terms “one direction” in claim 4 and “a direction” in claims 3 and 4.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2 and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurzweil (U.S. PGPub No. 2008/0287770) in view of Giridharagopalan (U.S. PGPub No. 2018/0098734).
Regarding claim 1, Kurzweil teaches An electronic device for receiving electrical signals, the electronic device comprising: one or more electrodes that are configured to receive electric signals from an individual (Fig 1 and 11, [0076] sensor 150); a water-resistant non-conductive material that at least partially surrounds the one or more electrodes (Fig 14A-B, water resistant backing 159a; [0087] discloses material as rubber or soft silicone); and a wearable harness that is configured to securely position the one or more electrodes to the individual when the wearable harness is worn (see Figs 1-2); a fastening material configured to fasten the one or more electrodes to the wearable harness (Fig 11, sensor 150 has snap 152 for connecting to harness at mating snap 160; [0010] & [0082] further discloses the fasteners for removing electrodes from the harness may be hook and loop fasteners).
Kurzweil fails to teach the fastening material comprising one or more openings that surround the water-resistant non-conductive material.
In related prior art, Giridharagopalan teaches a similar device wherein a fastening material configured to fasten the one or more electrodes to the wearable harness (Fig 7-8 fastener 59 of electrode 40 for fastening to garment 60), the fastening material comprising one or more openings that surround the water-resistant non-conductive material (Fig 7, fastener 59 has opening surrounding electrode 40). 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 and snap fastener of Kurzweil in view of Giridharagopalan to incorporate the Velcro fastener surrounding the water resistant nonconductive material of Kurzweil to arrive at claim 1. Doing so would be obvious to one of ordinary skill in the art as a simple substitution of one well-known electrode-to-garment fastening mechanism (Kurzweil [0010, 0082] Figs 11-12) for another well-known electrode-to-garment fastening mechanism (Giridharagopalan Fig 7, annular hook and loop fastener 59 surrounding electrode) to yield the predictable result of providing a removable attachment of the electrode to the wearable harness for physiological monitoring ([0082] of Kurzweil disclosing known use of removable sensors).
Regarding claim 2, Kurzweil teaches wherein the water-resistant non-conductive material remains non-conductive while the water-resistant non-conductive material is wet ([0087] discloses material as rubber or soft silicone remain non-conductive when wet).
Regarding claim 16, Kurzweil teaches an electronic device for receiving electrical signals, the electronic device comprising: a wearable harness that is configured to wrap around a torso of an individual (see Figs 1-2); one or more electrodes attached to the wearable harness (Figs 11-14, sensors 150); and one or more sweat patches attached to the wearable harness (Fig 14A, sweat-absorbing ring 159b); a water-resistant non-conductive material that at least partially surrounds the one or more electrodes (Fig 14A-B, water resistant backing 159a; [0087] discloses material as rubber or soft silicone); a fastening material configured to fasten the one or more electrodes to the wearable harness (Fig 11, sensor 150 has snap 152 for connecting to harness at mating snap 160; [0010] & [0082] further discloses the fasteners for removing electrodes from the harness may be hook and loop fasteners).
Kurzweil fails to teach the fastening material comprising one or more openings that surround the water-resistant non-conductive material.
In related prior art, Giridharagopalan teaches a similar device wherein a fastening material configured to fasten the one or more electrodes to the wearable harness (Fig 7-8 fastener 59 of electrode 40 for fastening to garment 60), the fastening material comprising one or more openings that surround the water-resistant non-conductive material (Fig 7, fastener 59 has opening surrounding electrode 40). 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 and snap fastener of Kurzweil in view of Giridharagopalan to incorporate the Velcro fastener surrounding the water resistant nonconductive material of Kurzweil to arrive at claim 16. Doing so would be obvious to one of ordinary skill in the art as a simple substitution of one well-known electrode-to-garment fastening mechanism (Kurzweil [0010, 0082] Figs 11-12) for another well-known electrode-to-garment fastening mechanism (Giridharagopalan Fig 7, annular hook and loop fastener 59 surrounding electrode) to yield the predictable result of providing a removable attachment of the electrode to the wearable harness for physiological monitoring ([0082] of Kurzweil disclosing known use of removable sensors).
Regarding claim 17, Kurzweil teaches wherein the one or more sweat patches are positioned at positions of the wearable harness that are likely to get exposed to sweat from the individual ([0088-0090]).
Regarding claim 18, Kurzweil teaches wherein the one or more electrodes are each surrounded by a water-resistant and insulating material that remains non-conductive when it is wet (Fig 14A-B, water resistant backing 159a; [0087] discloses material as rubber or soft silicone).
Regarding claim 19, Kurzweil teaches wherein the water-resistant and insulating material is a non-conductive rubber ([0087] material 159a is rubber).
Regarding claim 20, Kurzweil teaches wherein the water-resistant and insulating material is selected from the group consisting of silicone and a plastic ([0087] material 159a is soft silicone).
Regarding claim 21, Kurzweil further teaches wherein the fastening material comprises a hook-and-loop material ([0010] & [0082] further discloses the fasteners for removing electrodes from the harness may be hook and loop fasteners; see also Giridharagopalan disclosing hook-and-loop fastener 59).
Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurzweil in view of Giridharagopalan, and Xu (CN 110731767, translation provided).
Regarding claims 3-5, Kurzweil/Giridharagopalan teaches the device of claim 1 as stated above.
Kurzweil fails to teach one or more sweat patches, wherein each sweat patch comprises a material that resists stretching of the wearable harness in a direction that is aligned with a length of the wearable harness; wherein the one or more sweat patches stretch in one direction; and wherein the one or more sweat patches are oriented to stretch in a direction that is perpendicular to the length of the wearable harness to resist stretch of the wearable harness at positions of the one or more sweat patches.
In related prior art, Xu teaches a similar device having one or more sweat patches, wherein each sweat patch comprises a material that resists stretching of the wearable harness in a direction that is aligned with a length of the wearable harness (Fig 5 and Pg 5 of the translation; transverse stretching fabric 9 stretches transversely and resists stretching longitudinally to force the harness to the human body); wherein the one or more sweat patches stretch in one direction; and wherein the one or more sweat patches are oriented to stretch in a direction that is perpendicular to the length of the wearable harness to resist stretch of the wearable harness at positions of the one or more sweat patches (Fig 5 and Pg 5 of the translation; transverse stretching fabric 9 stretches transversely and resists stretching longitudinally to force the harness to the human body); wherein the one or more electrodes do not overlap with the one or more sweat patches (Figs 1, 2, 5; transverse stretching 9 does not overlap electrodes of Figs 1-2). 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 Kurzweil in view of Giridharagopalan and Xu to incorporate the sweat patch of transverse stretching fabric that resist stretching longitudinally and stretch perpendicular to the length of the harness to arrive at claims 3-5. Doing so would advantageously provide the harness with a patch that reinforces the harness to the body to ensure the electrode(s) contact the body for accurate measurements (Pg 5 translation of Xu).
Regarding claims 6, Kurzweil/Xu combination teaches the device of claim 5 as stated above.
Xu further teaches wherein the one or more electrodes have at least about 0.25 inches of clearance from the one or more sweat patches (See Figs 1-2 and 5, transverse stretch portion 9 has over 0.25 inches of clearance from electrodes). 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 Kurzweil in view of Xu to incorporate the sweat patch of transverse stretching fabric that resist stretching longitudinally and stretch perpendicular to the length of the harness with more than 0.25 inches of clearance from the electrodes to arrive at claim 6. Doing so would advantageously provide the harness with a patch that reinforces the harness to the body to ensure the electrode(s) contact the body for accurate measurements (Pg 5 translation of Xu).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurzweil in view of Giridharagopalan, Xu, and in further view of Kuck (U.S. Patent No. 9,039,613).
Regarding claims 7, Kurzweil/Giridharagopalan/Xu combination teaches the device of claim 6 as stated above.
Kurzweil/Xu fails to teach wherein the one or more electrodes have between about 0.25 inches to about 1 inch of clearance from the one or more sweat patches.
In related prior art, Kuck teaches a similar device with similar sweat patches (Figs 1-3, blocking means 20 (labeled “2” in drawings) resist longitudinal stretching; Col 5 lines 2-19); wherein the one or more electrodes have between about 0.25 inches to about 1 inch of clearance from the one or more sweat patches (Fig 3, blocking portions 2 are spaced from electrodes 8). The Xu reference has established the sweat patches function to provide a pressure on the electrodes to the body to ensure good electrode-skin contact for accurate measurements (Pg 5 of translation).
The Kurzweil/Giridharagopalan/Xu/Kuck references discloses substantially all the limitations of the claim(s) except for an explicit teaching of about 0.25 inches to about 1 inch of clearance of the sweat patch with the electrode(s). 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 Kurzweil in view of Xu and Kuck to incorporate the sweat patch(es) with about 0.25 to about 1 inch of clearance from the electrode(s), 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 advantageously provided the sweat patches closer to the electrodes to provide a higher compression force on the electrodes to ensure good electrode-skin contact for more accurate measurements as disclosed by Xu (Pg 5 translation).
Regarding claims 8, in view of the combination of claim 7 above, Kuck further teaches wherein the one or more sweat patches comprise at least one full-width patch for tight control and at least one half-width patch for moderate control (Fig 3 shows multiple blocking means 2, some of which are half width). 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 further modified Kurzweil in view of Xu and Kuck to incorporate a second sweat patch half width of the first one to arrive at claim 8. Doing so would advantageously provide additional transverse stretch means on the harness to provide a compression force on the electrodes to ensure quality skin-electrode contact (Pg 5 of Xu translation).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurzweil in view of Giridharagopalan, and in further view of Tambe (U.S. PGPub No. 2014/0378848).
Regarding claim 22, in view of the combination of claim 1 above,
Kurzweil fails to teach wherein a contact portion of each of the one or more electrodes includes a dry contact solid metal.
In related prior art, Tambe teaches a similar device wherein a similar contact portion of each of the one or more electrodes includes a dry contact solid metal ([0008]). 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 sensing material of Kurzweil in view of Tambe to incorporate the dry contact solid material to arrive at claim 22. Doing so would be obvious to one of ordinary skill in the art as a simple substitution of one well-known electrode configuration (Kurzweil wet electrode) for another well-known electrode configuration (Tambe dry electrode) to yield predictable results therein as the use of both wet and dry electrodes are known in the art for physiological monitoring.
Response to Arguments
Applicant’s arguments, see remarks, filed 05/18/2026, with respect to the rejection(s) of claim(s) 1-8 and 16-20 under 35 USC 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the Giridharagopalan reference.
Conclusion
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.
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794
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