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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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(s) 1-6, 8, 9 12-18, 20-22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stark et al., US Patent Application (20130087180), hereinafter “Stark”, Connor et al., US Patent Application (20250152064), hereinafter “Connor”, and Keating et al., US Patent Application (20190298265), hereinafter “Keating”,
Regarding claim 1 Stark a veterinary vital signs monitoring system, The system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock [Stark para 0067] comprising: the bands armband 158, wrist band 160, or other embodiment of the system 111 may be installed by slipping over the wearer's arm 156 or leg and may be secured to the wearer by friction [Stark para 0089] being configured to be anchored to forelegs of an animal The system 111 may also be provided as a leg band, … or any one of a variety of other configurations for exploiting body heat of a user wearing the system 111. [Stark para 0067];
Stark does not explicitly teach but Connor teaches at least two stretchable an article of electromyographic clothing can be made from one or more elastic, stretchable, and/or tight-fitting materials [x para 0096] bands one or more compressive bands can be integral parts of an article of electromyographic clothing [Connor para 0099] including electrically conductive components, EMG sensors comprise electrodes (including 901, 902, 903, and 904) which are in electromagnetic communication with electromagnetically-conductive fibers, threads, strands, and/or channels which are woven into the textile of the clothing [Connor para 0325] such that portions of the bands are positioned with portions of electrically conductive components electroconductive threads, fibers, yarns, strands, filaments, traces, and/or layers can be configured near … skin in order to receive electromagnetic energy emitted by muscles and nerves below the skin [Connor para 0106] in conductive contact with skin A surface electromyographic (EMG) sensor measures the combined electromagnetic energy which reaches a person's skin from underlying electrical potentials that travel along one or more nearby contracting muscles. A surface electromyographic (sEMG) sensor will receive stronger EMG signals from muscles and nerves which are closer to the surface of the skin than from deeper muscles and nerves. [Connor para 0105] in regions of left and right proximal parts or armpits of the forelegs this invention can be embodied in a basic form which is selected from the group consisting of: … arm band, arm bracelet, … dog tag, … forearm cuff, … leg band [Connor para 0076];
Stark nor Connor explicitly teach but Keating teaches an electronics module housed in a housing Item 10 may include mechanical structures in addition to fabric such as polymer binder to hold strands in a fabric structure together, support structures such as frame members, housing structures (e.g., an electronic device housing), [Keating para 0023] adapted to be mechanically and electrically coupled to the bands such that the electronics module is in electrical communication with the conductive components, Conductive strands and insulating strands may be woven, knit, braided, or otherwise intertwined to form contact pads that can be electrically coupled to conductive structures in item 10 such as the contact pads of an electrical component. The contacts of an electrical component may also be directly coupled to an exposed metal segment along the length of a conductive yarn [Keating para 0021] so as to receive signals relating to vital signs of the animal Components 54 may include, for example, electrocardiogram (EKG) measurement circuitry for making EKG measurements using electrodes 42 and/or other circuitry [Keating para 0031] via the conductive components of the bands the ring-shaped stretchable fabric band of item 10 may include conductive strands of material [Keating para 0033] Conductive structures in the fabric of item 10 may be used in carrying power signals, digital signals, analog signals, sensor signals, control signals, data, input signals, output signals, radio-frequency signals such as antenna signals, or other suitable electrical signals. [Keating para 0022]; wherein the conductive components of the bands function both as electrodes in contact with the skin When item 10 is held against the body of a user in this way, sensors (e.g., sensor electrodes) will be in close proximity to a user's skin and can gather measurements [Keating para 0030] and as transmission paths electrically coupled to the electronics module item 10 includes electrical components coupled by paths such as paths 56. Paths 56 may include one or more conductive lines for carrying power signals, data signals, control signals, and/or other signals. The conductive lines may be formed from conductive strands of material in fabric, metal traces on printed circuits or other substrates, or other conductive path structures. Conductive strands or metal traces on a substrate may be configured to form sensor electrodes. [Keating para 0030]
Stark discloses a wearable thermoelectric generator system thermoelectric generator may include a thermoelectric generator, a heat collector, and a heat exchanger. The heat collector may be configured to be placed in contact with a skin surface of a wearer. The heat exchanger may be configured to be exposed to ambient air. The thermoelectric generator may be mounted between the heat collector and the heat exchanger. The thermoelectric generator may be electrically connected to a load. The load may be packaged separately from the thermoelectric generator. Stark further discloses the system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock. Stark discloses he system 111 may provide power to sensor for measuring temperature, blood pressure, hearing, breathing, vision, pulse, oxygen saturation, glucose level, electrocardiography (ECG), electroencephalography (EEG), chemical sensors for measuring toxins, and also for implants. The system 111 may also be implemented to power accelerometers for measuring movement, sensors for sensing position, and other measurements.
Connor discloses an article of clothing with electromyographic (EMG) sensors which measures body motion and/or muscle activity. This clothing can be a short-sleeve shirt or a pair of shorts, wherein the electromyographic (EMG) sensors are on the cuffs. The electromyographic (EMG) sensors can be modular; they can be removably attached to different locations in order to create a customized article of electromyographic clothing which optimally measures the muscle activity of a particular person or muscle activity during a particular sport. This clothing can also include bending-based motion sensors. Connor further discloses an article of electromyographic clothing and/or the fabric or textile from which the article is made can be elastic, close-fitting, and/or stretchable so as to bring one or more electromyographic (EMG) sensors into close proximity with a person's skin. In an example, an article of electromyographic clothing can be made with one or more elastic, close-fitting, and/or stretchable fabrics or textiles.
Keating discloses fabric-based item may be provide with a stretchable band. The stretchable band may be formed from a ring-shaped strip of stretchable fabric having an opening configured to fit around a body part of a user. Circuitry may be coupled to strands of material in the stretchable band. The circuitry may include sensor circuitry for making measurements on the body part such as electrocardiogram measurements, blood pressure measurements, and respiration rate measurements. Wireless communications circuitry in the fabric-based item may be used to communicate wirelessly with external electronic equipment. A wireless power transmitting device may transmit wireless power. A coil formed from conductive strands in the fabric-based item may be used by wireless power receiving circuitry in the fabric-based item to receive the wireless power. The coil may have one or more turns that run around the ring-shaped strip of stretchable fabric.
Prior to the effective date of the invention it would have been obvious to one of ordinary skill in the art to combine the teachings of Stark, Connor and Keating in the art of monitoring one or more physiological parameters of four legged animals and two legged humans. Connor improves Stark’s systems, methods and/or apparatus by using multiple compressible and stretchable materials to hold sensors close to the skin of a wearer. Keating improves Stark’s systems, methods and/or apparatus by using wireless power to power electronic modules and communications circuitry.
Regarding claim 2 Stark, Connor and Keating teach claim 1 in addition Stark teaches wherein the signals received via the conductive component highly thermally conductive material that may form a closed loop such as a stretch band. [Stark para 0101] are electrical signals of the animal indicative of physiological processes. The system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock [Stark para 0067]
Regarding claim 3 Stark, Connor and Keating teach claim 1 in addition Connor teaches wherein a conductive gel or paste is adapted to be applied between a portion of each band an electromagnetically-functional fabric or textile can be created by printing (two-dimensional or three-dimensional), …, or spraying fluid, gel, [Connor para 0166] and any two separate locations this invention can be embodied in a basic form which is selected from the group consisting of: … arm band, arm bracelet, … dog tag, … forearm cuff, … leg band [Connor para 0076]; on the animal to enhance conductivity of the electrical signals between the skin and the conductive component of the band. electroconductive threads, fibers, yarns, strands, filaments, traces, and/or layers can be configured near … skin in order to receive electromagnetic energy emitted by muscles and nerves below the skin [Connor para 0106]
Regarding claim 4 Stark, Connor and Keating teach claim 2 in addition Connor teaches wherein the electrical signals are adapted to be processed into an electrocardiogram (ECG) by the electronics module. electrocardiography (ECG) sensor … cardiac function monitor; heart rate monitor; pulmonary function and/or respiration [Connor para 0240]
Regarding claim 5 Stark, Connor and Keating teach claim 1 in addition Keating teaches further comprising at least one vital signs sensor in wired or wireless communication with the electronics module item 10 may gather health data and/or other information using input-output devices 22 [Keating para 0036] and may provide this information to device 28 wirelessly. or embedded therein, the at least one sensor selected from the group including: an oxygen saturation (SPO2) sensor, a blood pressure sensor, and a temperature sensor. item 10 may use blood pressure sensors to gather blood pressure information, may use heart rate sensors to gather heart rate information, [Keating para 0035]
Regarding claim 6 Stark, Connor and Keating teach claim 1 in addition Stark teaches further comprising at least one non- vital sensor in wired or wireless communication the system 111 may be implemented to provide power include wireless sensor systems, wireless sensor nodes, ultra-low power radio-transmitters, wireless Body Area Network (WBAN). [Stark para 0068] with the electronics module or embedded therein. The system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, [Stark para 0067]
Regarding claim 8 Stark, Connor and Keating teach claim 1 in addition Stark teaches wherein the housing is adapted to be held in place by the stretchable bands the inner and outer material layer 162, 164 may be formed of a unitary piece of neoprene, lycra, spandex or other resiliently stretchable material [Stark para 0089] placed around or near the chest area or forelegs of the animal. FIG. 6, shown is a portion of a chest band 178 embodiment of the wearable thermoelectric generator system 111. [Stark para 0099]
Regarding claim 9 Stark, Connor and Keating teach claim 1 in addition Connor teaches wherein the housing is adapted to be secured to the animal by the bands wherein each band is arranged in with an adjustable loop at the distal end of the band and the loop is adapted to be fit around threaded over a leg of the animal and pulled up from above until tight on the proximal part of the leg, and/or under the armpits of the forelegs. this invention can be embodied in an article of electromyographic clothing comprising: (a) at least one adjustable circumferential portion of an article of clothing, wherein this portion is configured to span at least 25% of the circumference of the person's arm or leg, wherein this adjustable circumferential portion has a first configuration with a first distance from or first pressure exerted onto the surface of the person's arm or leg, wherein this adjustable circumferential portion has a second configuration with a second distance from or second pressure exerted onto the surface of the person's arm or leg, and wherein the person can change the adjustable circumferential portion from the first configuration to the second configuration while wearing the article of clothing [Connor para 0183]
Regarding claim 12 Stark, Connor and Keating teach claim 1 in addition Stark teaches wherein each of the stretchable bands is pre-cut or cut from a larger roll of a same material. FIG. 6, shown is a portion of a chest band 178 embodiment of the wearable thermoelectric generator system 111. [Stark para 0099] (The choice of a manufacturers supply of band material and whether the manufacturer is supplied with precut pieces or cuts its own stock pieces from a larger roll of material is a design or manufacturing cost decision. The applicant would have to discuss or clarify the patentable subject matter being claimed other than the bands being stretchable and consist of the same material which Stark discloses)
Regarding claim 13 Stark, Connor and Keating teach claim 1 in addition Stark teaches wherein the housing further includes at least one additional conductive component. The system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, [Stark para 0067]
Regarding claim 14 Stark, Connor and Keating teach claim 1 in addition Keating teaches wherein the electronics module includes a wireless communication module Transceiver circuitry 16 may operate in any suitable communication band (e.g., cellular telephone communications bands, wireless local area network bands [Keating para 0027] for wirelessly transmitting the received signals to a remote computer. The control circuitry may use communications circuitry such as wireless communications circuitry 14 to communicate with external equipment … item 10 may send health data and other data to a device such as a cellular telephone or computer. [Keating para 0026]
Regarding claim 15 Stark teaches a method of monitoring an animal, The system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock [Stark para 0067] the method comprising: providing two stretchable bands armband 158, wrist band 160, or other embodiment of the system 111 may be installed by slipping over the wearer's arm 156 or leg and may be secured to the wearer by friction [Stark para 0089] including electrically conductive components, each band adapted to be coupled to the animal on one end thereof The system 111 may also be provided as a leg band, … or any one of a variety of other configurations for exploiting body heat of a user wearing the system 111. The system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock [Stark para 0067];
Stark does not teach but Keating teaches providing a housing; installing a module in housing; Item 10 may include mechanical structures in addition to fabric such as polymer binder to hold strands in a fabric structure together, support structures such as frame members, housing structures (e.g., an electronic device housing), [Keating para 0023] with fasteners for mechanically and electrically coupling to the stretchable bands Conductive strands and insulating strands may be woven, knit, braided, or otherwise intertwined to form contact pads that can be electrically coupled to conductive structures in item 10 such as the contact pads of an electrical component. [Keating para 0021]; fastening loose ends of the bands to the fasteners of the housing; The contacts of an electrical component may also be directly coupled to an exposed metal segment along the length of a conductive yarn [Keating para 0021];
Stark nor Keating explicitly teach but Connor teaches positioning the module housing on an upper back between shoulder blades of forelegs of the animal, this invention can be embodied in a basic form which is selected from the group consisting of: … arm band, arm bracelet, … dog tag, … forearm cuff, … leg band [Connor para 0076] ( the design of the bands allow them to be easily configured to be placed around the animals torso including the back areas); securing the bands to the animal so that at least a portion of the electrical components of each band is in contact with a separate respective area of skin of the animal electroconductive threads, fibers, yarns, strands, filaments, traces, and/or layers can be configured near … skin in order to receive electromagnetic energy emitted by muscles and nerves below the skin [Connor para 0106]; providing at least one sensor on the animal, the at least one sensor being in electrical communication with the module EMG sensors comprise electrodes (including 901, 902, 903, and 904) which are in electromagnetic communication with electromagnetically-conductive fibers, threads, strands, and/or channels which are woven into the textile of the clothing [Connor para 0325]; receiving sensor data at the module from the at least one sensor wherein the conductive components of the bands function both as electrodes in contact with the skin and as transmission paths electrically coupled to the module. A surface electromyographic (EMG) sensor measures the combined electromagnetic energy which reaches a person's skin from underlying electrical potentials that travel along one or more nearby contracting muscles. A surface electromyographic (sEMG) sensor will receive stronger EMG signals from muscles and nerves which are closer to the surface of the skin than from deeper muscles and nerves. [Connor para 0105]
Stark discloses a wearable thermoelectric generator system thermoelectric generator may include a thermoelectric generator, a heat collector, and a heat exchanger. The heat collector may be configured to be placed in contact with a skin surface of a wearer. The heat exchanger may be configured to be exposed to ambient air. The thermoelectric generator may be mounted between the heat collector and the heat exchanger. The thermoelectric generator may be electrically connected to a load. The load may be packaged separately from the thermoelectric generator. Stark further discloses the system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock. Stark discloses he system 111 may provide power to sensor for measuring temperature, blood pressure, hearing, breathing, vision, pulse, oxygen saturation, glucose level, electrocardiography (ECG), electroencephalography (EEG), chemical sensors for measuring toxins, and also for implants. The system 111 may also be implemented to power accelerometers for measuring movement, sensors for sensing position, and other measurements.
Connor discloses an article of clothing with electromyographic (EMG) sensors which measures body motion and/or muscle activity. This clothing can be a short-sleeve shirt or a pair of shorts, wherein the electromyographic (EMG) sensors are on the cuffs. The electromyographic (EMG) sensors can be modular; they can be removably attached to different locations in order to create a customized article of electromyographic clothing which optimally measures the muscle activity of a particular person or muscle activity during a particular sport. This clothing can also include bending-based motion sensors. Connor further discloses an article of electromyographic clothing and/or the fabric or textile from which the article is made can be elastic, close-fitting, and/or stretchable so as to bring one or more electromyographic (EMG) sensors into close proximity with a person's skin. In an example, an article of electromyographic clothing can be made with one or more elastic, close-fitting, and/or stretchable fabrics or textiles.
Keating discloses fabric-based item may be provide with a stretchable band. The stretchable band may be formed from a ring-shaped strip of stretchable fabric having an opening configured to fit around a body part of a user. Circuitry may be coupled to strands of material in the stretchable band. The circuitry may include sensor circuitry for making measurements on the body part such as electrocardiogram measurements, blood pressure measurements, and respiration rate measurements. Wireless communications circuitry in the fabric-based item may be used to communicate wirelessly with external electronic equipment. A wireless power transmitting device may transmit wireless power. A coil formed from conductive strands in the fabric-based item may be used by wireless power receiving circuitry in the fabric-based item to receive the wireless power. The coil may have one or more turns that run around the ring-shaped strip of stretchable fabric.
Prior to the effective date of the invention it would have been obvious to one of ordinary skill in the art to combine the teachings of Stark, Connor and Keating in the art of monitoring one or more physiological parameters of four legged animals and two legged humans. Connor improves Stark’s systems, methods and/or apparatus by using multiple compressible and stretchable materials to hold sensors close to the skin of a wearer. Keating improves Stark’s systems, methods and/or apparatus by using wireless power to power electronic modules and communications circuitry.
Regarding claim 16 Stark, Connor and Keating teach claim 15 in addition Keating teaches wherein wirelessly transmitting the received sensor data Transceiver circuitry 16 may operate in any suitable communication band (e.g., cellular telephone communications bands, wireless local area network bands [Keating para 0027] from the module to a remote monitoring station. The control circuitry may use communications circuitry such as wireless communications circuitry 14 to communicate with external equipment … item 10 may send health data and other data to a device such as a cellular telephone or computer. [Keating para 0026]
Regarding claim 17 Stark, Connor and Keating teach claim 15 in addition Keating teaches wherein each material band has an electrically conductive material formed in or on at least one side of the material band Conductive strands and insulating strands may be woven, knit, braided, or otherwise intertwined to form contact pads that can be electrically coupled to conductive structures in item 10 such as the contact pads of an electrical component. [Keating para 0021]; wherein the fasteners include electrical contacts in electrical communication with the module Item 10 may include mechanical structures in addition to fabric such as polymer binder to hold strands in a fabric structure together, support structures such as frame members, housing structures (e.g., an electronic device housing), [Keating para 0023]; and wherein fastening the two material bands to the fasteners mechanically couples the bands to the housing and electrically couples the conductive material to the module. The contacts of an electrical component may also be directly coupled to an exposed metal segment along the length of a conductive yarn [Keating para 0021];
Regarding claim 18 Stark, Connor and Keating teach claim 15 in addition Keating teaches wherein at least one sensor is selected from the group including: a temperature sensor, an oxygen saturation sensor, a blood pressure sensor, and a Respiratory Inductance Plethysmography (RIP) sensor. item 10 may use blood pressure sensors to gather blood pressure information, may use heart rate sensors to gather heart rate information, [Keating para 0035]
Regarding claim 20 Stark, Connor and Keating teach claim 15 in addition Connor teaches further comprising: applying a conductive gel or paste to the separate respective areas of skin of the animal prior to securing the bands to the animal such that the conductive components are in electrical contact with the areas of skin an electromagnetically-functional fabric or textile can be created by printing (two-dimensional or three-dimensional), …, or spraying fluid, gel, [Connor para 0166] this invention can be embodied in a basic form which is selected from the group consisting of: … arm band, arm bracelet, … dog tag, … forearm cuff, … leg band [Connor para 0076]; electroconductive threads, fibers, yarns, strands, filaments, traces, and/or layers can be configured near … skin in order to receive electromagnetic energy emitted by muscles and nerves below the skin [Connor para 0106] to enable electrical signals produced by the heart of the animal to be conducted to the module via the conductive components. electrocardiography (ECG) sensor … cardiac function monitor; heart rate monitor; pulmonary function and/or respiration [Connor para 0240]
Regarding claim 21 Stark, Connor and Keating teach claim 17 in addition Stark teaches wherein at least one additional sensor is attached to the animal and in electrical communication with the module. The system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock [Stark para 0067]
Regarding claim 22 Stark, Connor and Keating teach claim 21 in addition Keating teaches wherein at least one additional sensor is selected from the group including: a temperature sensor, an oxygen saturation sensor, a blood pressure sensor, and a Respiratory Inductance Plethysmography (RIP) sensor. item 10 may use blood pressure sensors to gather blood pressure information, may use heart rate sensors to gather heart rate information, [Keating para 0035]
Regarding claim 24 Stark, Connor and Keating teach claim 1 in addition Keating teaches wherein the conductive component is a conductive material that is stuck, woven or formed on at least one side of the band so as to make contact with the skin. Conductive strands and insulating strands may be woven, knit, braided, or otherwise intertwined to form contact pads that can be electrically coupled to conductive structures in item 10 such as the contact pads of an electrical component. The contacts of an electrical component may also be directly coupled to an exposed metal segment along the length of a conductive yarn [Keating para 0021]
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stark, Connor and Keating, and further in view of Maher et al., US Patent Application (20200060545), hereinafter “Maher”.
Regarding claim 7 Stark, Connor and Keating teach claim 1 in addition Stark, Connor do not teach but Maher teaches wherein the electronics module is adapted to fit on an upper back between shoulder blades of the forelegs. Animal harness 102 positions snap connector electrodes 408(1) and 408(3) and corresponding removable ECG electrodes 410(1) and 410(3) on either side of the animal and positions snap connector electrode 408(2) and corresponding removable ECG electrode 410(2) in the center of the animal's back (to reduce signal noise) [Maher para 0041]
Stark discloses a wearable thermoelectric generator system thermoelectric generator may include a thermoelectric generator, a heat collector, and a heat exchanger. The heat collector may be configured to be placed in contact with a skin surface of a wearer. The heat exchanger may be configured to be exposed to ambient air. The thermoelectric generator may be mounted between the heat collector and the heat exchanger. The thermoelectric generator may be electrically connected to a load. The load may be packaged separately from the thermoelectric generator. Stark further discloses the system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock. Stark discloses he system 111 may provide power to sensor for measuring temperature, blood pressure, hearing, breathing, vision, pulse, oxygen saturation, glucose level, electrocardiography (ECG), electroencephalography (EEG), chemical sensors for measuring toxins, and also for implants. The system 111 may also be implemented to power accelerometers for measuring movement, sensors for sensing position, and other measurements.
Connor discloses an article of clothing with electromyographic (EMG) sensors which measures body motion and/or muscle activity. This clothing can be a short-sleeve shirt or a pair of shorts, wherein the electromyographic (EMG) sensors are on the cuffs. The electromyographic (EMG) sensors can be modular; they can be removably attached to different locations in order to create a customized article of electromyographic clothing which optimally measures the muscle activity of a particular person or muscle activity during a particular sport. This clothing can also include bending-based motion sensors. Connor further discloses an article of electromyographic clothing and/or the fabric or textile from which the article is made can be elastic, close-fitting, and/or stretchable so as to bring one or more electromyographic (EMG) sensors into close proximity with a person's skin. In an example, an article of electromyographic clothing can be made with one or more elastic, close-fitting, and/or stretchable fabrics or textiles.
Keating discloses fabric-based item may be provide with a stretchable band. The stretchable band may be formed from a ring-shaped strip of stretchable fabric having an opening configured to fit around a body part of a user. Circuitry may be coupled to strands of material in the stretchable band. The circuitry may include sensor circuitry for making measurements on the body part such as electrocardiogram measurements, blood pressure measurements, and respiration rate measurements. Wireless communications circuitry in the fabric-based item may be used to communicate wirelessly with external electronic equipment. A wireless power transmitting device may transmit wireless power. A coil formed from conductive strands in the fabric-based item may be used by wireless power receiving circuitry in the fabric-based item to receive the wireless power. The coil may have one or more turns that run around the ring-shaped strip of stretchable fabric.
Maher discloses system and associated methods for round-the-clock monitoring of an animal's health status includes an animal harness that is worn by the animal, and one or both of a mobile device and a remote server. The animal harness includes a plurality of sensors for collecting health measurements of the animal. The animal harness also includes a transceiver that communicates the heath measurements to one or both of the mobile device and the remote server, where a user may view the health measurements. Firmware in the animal harness, an application running in the mobile device, and software in the remote server processes and corrects the health measurements to generate a health status of the animal and notifications are generated when the animal's health is not within a safe range defined by the user
Prior to the effective date of the invention it would have been obvious to one of ordinary skill in the art to combine the teachings of Stark, Connor, Keating and Maher in the art of monitoring one or more physiological parameters of four legged animals and two legged humans. Connor improves Stark’s systems, methods and/or apparatus by using multiple compressible and stretchable materials to hold sensors close to the skin of a wearer. Keating improves Stark’s systems, methods and/or apparatus by using wireless power to power electronic modules and communications circuitry. Maher allows the system to have flexibility as to where sensors and modules are mounted to animals.
Claim(s) 10, 11, 19 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stark, Connor and Keating, and further in view of Hoskuldsson et al, US Patent Application (20210393211), hereinafter “Hoskuldsson”.
Regarding claim 10 Stark, Connor and Keating teach claim 1 in addition Stark, Connor do not teach but Hoskuldsson teaches further comprising: a Respiratory Inductance Plethysmography (RIP) sensor The subject 300 may also have respiratory inductance plethysmography (RIP) streatchable belts 351, 352 placed around his chest (thoracic) and abdomen, respectively, to measure breathing movements. [Hoskuldsson para 0069] comprising : respiration sensing belt comprised of a non-conductive stretchable material and conductive material disposed in or on the stretchable material, Stretchable belts 351,352 may contain a conductor (not shown) that when put on a subject 300, form a conductive loop that creates an inductance that is directly proportional to the absolute cross sectional area of the body part that is encircled by the loop. [Hoskuldsson para 0069] and a coupling piece adapted to mechanically and electrically couple together two ends of the respiration sensing belt once positioned around a torso of the animal The subject 300 may also have respiratory inductance plethysmography (RIP) streatchable belts 351, 352 placed around his chest (thoracic) and abdomen, respectively, to measure breathing movements. [Hoskuldsson para 0069]; and an electronic interface adapted to obtain digital waveforms from the respiration sensing belt, Hoskuldsson see Fig. 5] via the coupling piece; wherein the RIP sensor is in wired or wireless communication FIG. 4A shows a schematic of a subject 400 sleeping with the wireless SAS sleep study. The devices worn by the subject in such as study may include EEG electrodes 410 placed on the forehead of the subject, respiratory inductance plethysmography (RIP) belts 451, 452, and a sensor or leg EMG lead 490 applied to the leg of the subject. [Hoskuldsson para 0072]with the electronics module or coupled to the housing. The Noxturnal software system uses an activity signal obtained by an activity sensor, and the chest and abdomen respiratory inductance plethysmography (RIP) signals to estimate wake, REM sleep and non- REM sleep. In this embodiment the calibration would be conducted by performing a PSG or a SAS HASS sleep study at the same time as measuring the activity and RIP signals used by the Nox BodySleep classifier. [Hoskuldsson para 0084]
Stark discloses a wearable thermoelectric generator system thermoelectric generator may include a thermoelectric generator, a heat collector, and a heat exchanger. The heat collector may be configured to be placed in contact with a skin surface of a wearer. The heat exchanger may be configured to be exposed to ambient air. The thermoelectric generator may be mounted between the heat collector and the heat exchanger. The thermoelectric generator may be electrically connected to a load. The load may be packaged separately from the thermoelectric generator. Stark further discloses the system 111 may also be used in animals (e.g., non-human), such as in livestock for powering RFID sensors for tracing locations of livestock, and/or for monitoring one or more physiological parameters of livestock. Stark discloses he system 111 may provide power to sensor for measuring temperature, blood pressure, hearing, breathing, vision, pulse, oxygen saturation, glucose level, electrocardiography (ECG), electroencephalography (EEG), chemical sensors for measuring toxins, and also for implants. The system 111 may also be implemented to power accelerometers for measuring movement, sensors for sensing position, and other measurements.
Connor discloses an article of clothing with electromyographic (EMG) sensors which measures body motion and/or muscle activity. This clothing can be a short-sleeve shirt or a pair of shorts, wherein the electromyographic (EMG) sensors are on the cuffs. The electromyographic (EMG) sensors can be modular; they can be removably attached to different locations in order to create a customized article of electromyographic clothing which optimally measures the muscle activity of a particular person or muscle activity during a particular sport. This clothing can also include bending-based motion sensors. Connor further discloses an article of electromyographic clothing and/or the fabric or textile from which the article is made can be elastic, close-fitting, and/or stretchable so as to bring one or more electromyographic (EMG) sensors into close proximity with a person's skin. In an example, an article of electromyographic clothing can be made with one or more elastic, close-fitting, and/or stretchable fabrics or textiles.
Keating discloses fabric-based item may be provide with a stretchable band. The stretchable band may be formed from a ring-shaped strip of stretchable fabric having an opening configured to fit around a body part of a user. Circuitry may be coupled to strands of material in the stretchable band. The circuitry may include sensor circuitry for making measurements on the body part such as electrocardiogram measurements, blood pressure measurements, and respiration rate measurements. Wireless communications circuitry in the fabric-based item may be used to communicate wirelessly with external electronic equipment. A wireless power transmitting device may transmit wireless power. A coil formed from conductive strands in the fabric-based item may be used by wireless power receiving circuitry in the fabric-based item to receive the wireless power. The coil may have one or more turns that run around the ring-shaped strip of stretchable fabric.
Hoskuldsson discloses aa personalized sleep classifier for a subject. Sleep data are obtained from biosignals from a subject in a High-Accuracy Sleep Study (HASS). Sleep data are also obtained from biosignals from the subject in a Simplified Sleep Study (SSS), the High-Accuracy Sleep Study being obtained simultaneously from the subject with the Simplified Sleep Study. A high-resolution HASS sleep profile is developed from the sleep data of the High-Accuracy Sleep Study. A personalized sleep classifier is created that outputs a SSS sleep profile of the subject based on the sleep data from the Simplified Sleep Study. And the personalized sleep classifier is calibrated such the SSS sleep profile output by the personalized sleep classifier based on the Simplified Sleep Study of the subject approaches or aligns with the high-resolution HASS sleep profile based on the High-Accuracy Sleep Study of the subject. Prior to the effective date of the invention it would have been obvious to one of ordinary skill in the art to combine the teachings of Stark, Connor, Keating and Hoskuldsson in the art of monitoring one or more physiological parameters of four legged animals and two legged humans. Connor improves Stark’s systems, methods and/or apparatus by using multiple compressible and stretchable materials to hold sensors close to the skin of a wearer. Keating improves Stark’s systems, methods and/or apparatus by using wireless power to power electronic modules and communications circuitry. Hoskuldsson allows the system to have flexibility as to the type of sensors monitoring heart functions allowing fore a more accurate sensor readings.
Regarding claim 11 Stark, Connor, Keating and Hoskuldsson teach claim 10 in addition Stark, Connor do not teach but Hoskuldsson teaches wherein the coupling piece includes two electrical contacts The subject 100 also has respiratory inductance plethysmography (RIP) belts 151, 152 around his chest and abdomen, respectively, to measure breathing movements. Respiratory Inductive Plethysmography (RIP) uses the respiratory bands or belts 151, 152 to measure respiratory effort related areal changes. RIP technology includes a measurement of an inductance of a conductive belt or belts that encircles a respiratory region of a subject. [Hoskuldsson para 0039] and wherein fastening ends of the respiration band to the coupling piece brings the conductive material into secure and unmoving contact with the electrical contacts. The subject 100 also has respiratory inductance plethysmography (RIP) belts 151, 152 around his chest and abdomen, respectively, to measure breathing movements. [Hoskuldsson para 0039]
Regarding claim 19 Stark, Connor and Keating teach claim 18 in addition Stark, Connor do not teach but Hoskuldsson teaches wherein the RIP sensor The subject 300 may also have respiratory inductance plethysmography (RIP) streatchable belts 351, 352 placed around his chest (thoracic) and abdomen, respectively, to measure breathing movements. [Hoskuldsson para 0069] includes: respiration sensing belt comprised of a non-conductive stretchable material and conductive material disposed in or on the stretchable material, Stretchable belts 351,352 may contain a conductor (not shown) that when put on a subject 300, form a conductive loop that creates an inductance that is directly proportional to the absolute cross sectional area of the body part that is encircled by the loop. [Hoskuldsson para 0069] and a coupling piece adapted to mechanically and electrically couple together two ends of the respiration sensing belt once positioned around a torso of the animal The subject 300 may also have respiratory inductance plethysmography (RIP) streatchable belts 351, 352 placed around his chest (thoracic) and abdomen, respectively, to measure breathing movements. [Hoskuldsson para 0069];; wherein the RIP sensor is in wired or wireless communication FIG. 4A shows a schematic of a subject 400 sleeping with the wireless SAS sleep study. The devices worn by the subject in such as study may include EEG electrodes 410 placed on the forehead of the subject, respiratory inductance plethysmography (RIP) belts 451, 452, and a sensor or leg EMG lead 490 applied to the leg of the subject. [Hoskuldsson para 0072] with the module. The Noxturnal software system uses an activity signal obtained by an activity sensor, and the chest and abdomen respiratory inductance plethysmography (RIP) signals to estimate wake, REM sleep and non- REM sleep. In this embodiment the calibration would be conducted by performing a PSG or a SAS HASS sleep study at the same time as measuring the activity and RIP signals used by the Nox BodySleep classifier. [Hoskuldsson para 0084]
Regarding claim 23 Stark, Connor and Keating teach claim 1 in addition Stark, Connor do not teach but Hoskuldsson teaches wherein the RIP sensor The subject 300 may also have respiratory inductance plethysmography (RIP) streatchable belts 351, 352 placed around his chest (thoracic) and abdomen, respectively, to measure breathing movements. [Hoskuldsson para 0069] includes: a respiration sensing belt comprised of a non-conductive stretchable material and conductive material disposed in or on the stretchable material, Stretchable belts 351,352 may contain a conductor (not shown) that when put on a subject 300, form a conductive loop that creates an inductance that is directly proportional to the absolute cross sectional area of the body part that is encircled by the loop. [Hoskuldsson para 0069] and a coupling piece adapted to mechanically and electrically couple together two ends of the respiration sensing belt once positioned around a torso of the animal The subject 300 may also have respiratory inductance plethysmography (RIP) streatchable belts 351, 352 placed around his chest (thoracic) and abdomen, respectively, to measure breathing movements. [Hoskuldsson para 0069]; wherein the RIP sensor is in wired or wireless communication FIG. 4A shows a schematic of a subject 400 sleeping with the wireless SAS sleep study. The devices worn by the subject in such as study may include EEG electrodes 410 placed on the forehead of the subject, respiratory inductance plethysmography (RIP) belts 451, 452, and a sensor or leg EMG lead 490 applied to the leg of the subject. [Hoskuldsson para 0072]with the monitoring module. The Noxturnal software system uses an activity signal obtained by an activity sensor, and the chest and abdomen respiratory inductance plethysmography (RIP) signals to estimate wake, REM sleep and non- REM sleep. In this embodiment the calibration would be conducted by performing a PSG or a SAS HASS sleep study at the same time as measuring the activity and RIP signals used by the Nox BodySleep classifier. [Hoskuldsson para 0084]
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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