DETAILED ACTION
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 .
Election/Restrictions
Applicant's election with traverse of group I in the reply filed on 05 March 2026 is acknowledged. The traversal is on the ground(s) that there would not be a search burden for the Examiner. This is not found persuasive because the inventions are patentably distinct, and would be separately classified, as explained previously in the Restriction Requirement.
The requirement is still deemed proper and is therefore made FINAL.
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 4-5 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. Claims 4-5 recite the limitation "the garment" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 1-2, 4-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Connor (U.S. ). Connor discloses (Figures 2-4) a wearable system configured to be worn by a user (, “wearable arcuate band”), the system comprising: a plurality of reversibly detachable (, “the second portion further comprises one or more electromyographic sensors and wherein the location of the second portion can be moved with respect to the first portion…the second portion can be reversibly-attached to the first portion. In an example, the location at which the second portion is reversibly attached to the first portion can be moved so as to optimally collect data concerning muscle activity by a specific person or muscle activity during a specific type of physical activity.”) textile patches (, “a system of modular electromyographic clothing can include a removably-attachable electromyographic patch, wherein this electromyographic patch includes one or more electromyographic sensors.”); a plurality of bioelectrical sensors integrated into each reversible detachable textile patch (see previous citation); a reversibly detachable computing unit (204 in Figure 2); a power source in electrical communication with the plurality of bioelectrical sensors (, “a control unit can further comprise a power source”); and a plurality of conductive threads in electrical communication with the reversibly detachable computing unit and the plurality of bioelectrical sensors (, “electroconductive threads”), wherein a first bioelectrical sensor of the plurality of bioelectrical sensors is a bioelectrical impedance analysis sensor (, “electromagnetic impedance sensor”), and wherein the wearable system is configured to collect a plurality of determinable signals from the plurality of bioelectrical sensors, wherein the plurality of determinable signals are correlated with a physiological health metric of the user (see previous citation, a variety of sensors that correspond to health metric collection, e.g., EMG sensors).
Regarding claim 2, Connor discloses () the plurality of bioelectrical signals further comprises a second bioelectrical sensor comprising at least a temperature sensor.
Regarding claim 4, Connor discloses (, “a system of modular electromyographic clothing can include a removably-attachable electromyographic patch, wherein this electromyographic patch includes one or more electromyographic sensors.”) the plurality of textile patches are configured to detach from the garment.
Regarding claim 5, Connor discloses () the bioelectrical sensors are permanently integrated in the garment.
Regarding claim 6, Connor discloses (Figure 3) the system further comprises a portable energy source (308).
Regarding claim 7, Connor discloses () the system comprises a portable energy source configured to be recharged wirelessly (“energy-harvesting power source”).
Regarding claim 8, Connor discloses () the conductive threads are at least partially covered by an electrically insulating material (“dielectric layer of low-conductivity material”).
Regarding claim 9, Connor discloses () the computing unit comprises a control module (“control unit”).
Regarding claim 11, Connor discloses () the system has at least a wireless interface (“wireless data receiver, and wireless data transmitter”).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Connor (U.S. ) in view of Longinotti-Buitoni et al (U.S. 2021/0195732). Connor discloses the claimed invention except for the system further comprises a storage device that is detachable from the control module. Longinotti-Buitoni, however, discloses (par. 0035) a wearable sensor garment including removable elements, including a removable memory (12) or “other content storage capacity” (par. 0269-0270). Connor and Longinotti-Buitoni both disclose wearable systems for collecting physiological data. Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing data of the claimed invention to modify Connor’s reversibly detachable elements with Longinotti-Buitoni’s removable memory in order to switch out memory media as needed without affecting the other elements of the system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at (571) 272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792
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