DETAILED ACTION
This action is pursuant to the claims filed on 01/30/2026. Claims 1-8 and 16-20 are pending. A first action on the merits of claims 1-8 and 16-20 is as follows.
Election/Restrictions
Applicant's election with traverse of invention I, claims 1-8 and 16-20 in the reply filed on 01/30/2026 is acknowledged. The traversal is on the ground(s) that the restriction requirement is improper (no remarks provided). This is not found persuasive because applicant did not provide adequate remarks. The reasons for the restriction requirement from the originally dated restriction on 10/30/2025 are maintained.
The requirement is still deemed proper and is therefore made FINAL.
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” and “a direction” as presently recited.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurzweil (U.S. PGPub No. 2008/0287770).
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).
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).
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).
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) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kurzweil (U.S. PGPub No. 2008/0287770) in view of Xu (CN 110731767, translation provided).
Regarding claims 3-5, Kurzweil 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 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 Xu, and in further view of Kuck (U.S. Patent No. 9,039,613).
Regarding claims 7, Kurzweil/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/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).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Stoklosa can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794