DETAILED ACTION
This action is pursuant to claims filed on 6/25/2025. Claims 1-9, 16, and 20 are pending, claims 10-15 and 17-19 have been cancelled. A final action on the merits of claims 1-9, 16, and 20 is as follows.
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 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) 1-9, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Weir (US 20210085251 A1) in view of Florence et al. (hereinafter ‘Florence’, US 9662030 B2).
Regarding independent claim 1, Weir discloses a heart rate monitor system (heart rate monitoring system 100), comprising:
a number of electrodes (sensors 130 in Figs. 1A and B; [0008]: sensors are electrodes) configured to:
contact a chest of a user ([0020]: sensors contact the wearer’s body when worn; sensors contact the user’s chest as seen in Fig. 5E); and
detect electrical signals from a heart of the user ([0010]: the sensors may detect biometric signals such as the electric pulse of the heart);
a heart rate module (heart rate module 140 in Figs. 1A and B) configured to:
receive the electrical signals from the number of electrodes ([0020]: module 140 includes processing and/or monitoring elements which receive signals from the sensors); and
wirelessly transmit heart rate data based on the electrical signals ([0011]: the module 140 may include wireless transmitter for transmitting an electric pulse to a receiver and/or display unit such as a smart watch or smart phone); and
a strap (strap 110 in Figs. 1A and B) comprising
a non-looping strip of material (the strip of material that defines the strap 110 does not loop as seen in Figs. 1A and B and in Fig. 5E); and
a central attachment portion configured to removably couple to a garment of the user ([0009]: the sensor mount may be attached to a bra, like in Fig. 5E; [0020]: the substrate 120, which is located in the center of the strap as seen in Fig. 5E, may be foldable around a portion of a garment such that the bulk of the device 100 is outside of the bra), the central attachment portion comprising
a cavity configured to receive a portion of the garment of the user ([0020]: the substrate 120, which is in the center of the strap, may be foldable around a portion of a garment – the fold forms the cavity).
However, Weir is silent to the strap containing a first and second distal attachment portion each including a hinge portion configured to receive or release a portion of the garment in the open position and removably couple the strap to the garment of the user in a closed position.
Florence teaches a device for removably mounting electrodes to a garment ([Abstract]). The device comprises an elongated material where one electrode is disposed on a housing and the other electrode is disposed on a flexible substrate as seen in Fig. 4A. The device is configured to attach to various types of clothing as seen in Fig. 2, similar to the device of Weir. The device further includes two distal mounting portions 415a and 425a in Fig. 4A. These mounts are clips configured to removably mount the device to a garment of the user ([Col 17, line 42 – Col 18, line 6]). The clips in combination with the tight-fitting band of the garment allow for secure connections of the electrodes to the garment to prevent the electrodes from moving relative to the body ([Col 17, line 42 – Col 18, line 6]). Furthermore, it would be of routine skill in the art to add clips to the end portions of the device of Weir as doing so would not affect the operation of Weir and lead to the expected outcome of enhanced securement. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the distal end clips of Florence with the device of Weir to provide a more secure mount for the electrodes onto the garment, resulting in Weir comprising first and second distal attachment portions each including a hinge portion configured to receive or release a portion of the garment in the open position and removably couple the strap to the garment of the user in a closed position.
Regarding claim 2, the Weir/Florence combination discloses the heart rate monitor system of claim 1, wherein the strap is configured to removably receive the number of electrodes and/or the heart rate module ([0022]: the module 140 may be detachable from the substrate 120 which is connected to the strap, thus the strap removably receives the module – the recitation of “and/or” as broadly recited means either the electrodes are detachable or the heart rate module is detachable, or alternatively that both are detachable).
Regarding claim 3, the Weir/Florence combination discloses the heart rate monitor system of claim 1, wherein the strap is configured to removably couple the number of electrodes to the heart rate module ([0022]: the substrate 120, which connects to the strap, can detachably couple the electronics unit 140; thus, the strap removably couples the heart rate module to the electrodes because the electrodes are disposed on the substrate 120 as well).
Regarding claim 4, the Weir/Florence combination discloses the heart rate monitor system of claim 1, wherein the strap is elastic ([0015]: the strap portion 110 can be made of an elastic band).
Regarding claim 5, the Weir/Florence combination discloses the heart rate monitor system of claim 1, wherein the heart rate module comprises a processor, a memory, a wireless transmitter, a light emitting diode (LED), a speaker, a battery, and/or a global navigation satellite system (GNSS) receiver ([Claim 16]: the electronics unit 140 comprises a power supply and/or a processor; the recitation of “and/or” means if the module comprises any single unit or all of the units, the claim limitation is met).
Regarding claim 6, the Weir/Florence combination discloses the heart rate monitor system of claim 1, wherein the heart rate module is configured to transmit the heart rate data to a computing device via a wireless network ([0011]: the module 140 may include wireless transceiver to wirelessly communicate with other circuits, the module also includes a transmitter for transmitting an electric pulse to a receiver and/or display unit such as a smart watch or smart phone – the smart watch/phone are computing devices and the device is capable of wireless communication over a wireless network as that is the standard method of wireless communication; [0024]: the MCU of the module couples to a transceiver such as an RF interface, Bluetooth, etc. for sending and receiving data – Bluetooth is a form of a wireless network and the etc. means that it is capable of transferring data across other wireless methods).
Regarding claim 7, the Weir/Florence combination discloses the heart rate monitor system of claim 6, wherein the computing device is a wearable device, a smartphone, a laptop, a desktop, and/or a cloud device ([0011]: the computing device is a smart phone or smart watch).
Regarding claim 8, the Weir/Florence combination discloses the heart rate monitor system of claim 1, wherein the number of electrodes are encased in plastic ([0011]: the sensors may be coated with plastic).
Regarding independent claim 9, Weir discloses the heart rate monitor system (heart rate monitoring system 100), comprising:
a number of electrodes (sensors 130 in Figs. 1A and B; [0008]: sensors are electrodes) configured to:
contact a chest of a user ([0020]: sensors contact the wearer’s body when worn; sensors contact the user’s chest as seen in Fig. 5E); and
detect electrical signals from a heart of the user ([0010]: the sensors may detect biometric signals such as the electric pulse of the heart);
a heart rate module (heart rate module 140 in Figs. 1A and B) configured to:
receive the electrical signals from the number of electrodes ([0020]: module 140 includes processing and/or monitoring elements which receive signals from the sensors); and
record a heart rate of the user based on the electrical signals ([0010]: the electronic unit 140 may be the POLAR heart rate monitor, a GARMIN heart rate monitor, or a SUUNTO heart rate monitor which are all capable of recording heart rate data from the sensed signals; [0024]: the electronics unit 140 comprises an MCU which are known in the art to have storage capable of recording the heart rate data); and
a strap (strap 110 in Figs. 1A and B) capable of length adjustment ([0021]: the strap may comprise a length adjustment mechanism) configured to:
couple the number of electrodes to the heart rate module ([0022]: the substrate 120, which connects to the strap, can detachably couple the electronics unit 140; thus, the strap removably couples the heart rate module to the electrodes because the electrodes are disposed on the substrate 120 as well); and
removably couple to a garment of the user ([0009]: the sensor mount may be attached to a bra, like in Fig. 5E; [0020]: the substrate 120 may be foldable around a portion of a garment such that the bulk of the device 100 is outside of the bra)
wherein the strap includes:
a central attachment portion comprising a cavity configured to receive a portion of the garment of the user ([0020]: the substrate 120, which is in the center of the strap, may be foldable around a portion of a garment – the fold forms the cavity and is located in the center of strap as seen in Fig. 5E)
However, Weir is silent to the strap containing a first and second distal attachment portion each including a hinge portion configured to receive or release a portion of the garment in the open position and removably couple the strap to the garment of the user in a closed position.
Florence teaches a device for removably mounting electrodes to a garment ([Abstract]). The device comprises an elongated material where one electrode is disposed on a housing and the other electrode is disposed on a flexible substrate as seen in Fig. 4A. The device is configured to attach to various types of clothing as seen in Fig. 2, similar to the device of Weir. The device further includes two distal mounting portions 415a and 425a in Fig. 4A. These mounts are clips configured to removably mount the device to a garment of the user ([Col 17, line 42 – Col 18, line 6]). The clips in combination with the tight-fitting band of the garment allow for secure connections of the electrodes to the garment to prevent the electrodes from moving relative to the body ([Col 17, line 42 – Col 18, line 6]). Furthermore, it would be of routine skill in the art to add clips to the end portions of the device of Weir as doing so would not affect the operation of Weir and lead to the expected outcome of enhanced securement. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the distal end clips of Florence with the device of Weir to provide a more secure mount for the electrodes onto the garment, resulting in Weir comprising first and second distal attachment portions each including a hinge portion configured to receive or release a portion of the garment in the open position and removably couple the strap to the garment of the user in a closed position.
However, the Weir/Florence combination is silent to the length of the strap.
In Fig. 5E, Weir clearly discloses the length of the strap is approximately the length of the width across the user’s chest. The width of a female’s chest averages 36cm as evidenced by Healthline. Because Weir discloses that the length of the strap is both adjustable and fits across the front of the user’s chest, it would be obvious for the strap to be approximately 36cm which is the average width of a user’s chest. Additionally, it would be obvious to adjust the length to fit the chest of a user that is larger or smaller than average. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the length of the strap to be between 23cm and 41cm, 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, 105 USPQ 233.
Regarding independent claim 16, Weir discloses a heart rate monitor system (heart rate monitoring system 100), comprising:
a number of electrodes (sensors 130 in Figs. 1A and B; [0008]: sensors are electrodes) configured to:
contact a chest of a user ([0020]: sensors contact the wearer’s body when worn; sensors contact the user’s chest as seen in Fig. 5E); and
detect electrical signals from a heart of the user ([0010]: the sensors may detect biometric signals such as the electric pulse of the heart);
a heart rate module (heart rate module 140 in Figs. 1A and B) configured to:
receive the electrical signals from the number of electrodes ([0020]: module 140 includes processing and/or monitoring elements which receive signals from the sensors); and
record a heart rate of the user based on the electrical signals ([0010]: the electronic unit 140 may be the POLAR heart rate monitor, a GARMIN heart rate monitor, or a SUUNTO heart rate monitor which are all capable of recording heart rate data from the sensed signals; [0024]: the electronics unit 140 comprises an MCU which are known in the art to have storage capable of recording the heart rate data);
a non-looping strap (strap 110 in Figs. 1A and B; the strip of material that defines the strap 110 does not loop as seen in Figs. 1A and B and in Fig. 5E) configured to couple the number of electrodes to the heart rate module ([0022]: the substrate 120, which connects to the strap, can detachably couple the electronics unit 140; thus, the strap removably couples the heart rate module to the electrodes because the electrodes are disposed on the substrate 120 as well); and
an attachment device (attachment device 120 in Figs. 1A and B) configured to removably couple the strap to a garment of the user ([0009]: the sensor mount may be attached to a bra, like in Fig. 5E; [0020]: the substrate 120 may be foldable around a portion of a garment such that the bulk of the device 100 is outside of the bra), the attachment device including:
a central attachment portion comprising a cavity configured to receive a portion of the garment of the user ([0020]: the substrate 120, which is in the center of the strap, may be foldable around a portion of a garment – the fold forms the cavity and is located in the center of strap as seen in Fig. 5E).
However, Weir is silent to the strap containing a first and second distal attachment portion each including a hinge portion configured to receive or release a portion of the garment in the open position and removably couple the strap to the garment of the user in a closed position.
Florence teaches a device for removably mounting electrodes to a garment ([Abstract]). The device comprises an elongated material where one electrode is disposed on a housing and the other electrode is disposed on a flexible substrate as seen in Fig. 4A. The device is configured to attach to various types of clothing as seen in Fig. 2, similar to the device of Weir. The device further includes two distal mounting portions 415a and 425a in Fig. 4A. These mounts are clips configured to removably mount the device to a garment of the user ([Col 17, line 42 – Col 18, line 6]). The clips in combination with the tight-fitting band of the garment allow for secure connections of the electrodes to the garment to prevent the electrodes from moving relative to the body ([Col 17, line 42 – Col 18, line 6]). Furthermore, it would be of routine skill in the art to add clips to the end portions of the device of Weir as doing so would not affect the operation of Weir and lead to the expected outcome of enhanced securement. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the distal end clips of Florence with the device of Weir to provide a more secure mount for the electrodes onto the garment, resulting in Weir comprising first and second distal attachment portions each including a hinge portion configured to receive or release a portion of the garment in the open position and removably couple the strap to the garment of the user in a closed position.
Regarding claim 20, the Weir/Florence combination discloses the heart rate monitor system of claim 16, wherein the attachment device is comprised at least partially of plastic ([0015]: the attachment device 120 may be made of a material like a thermoplastic).
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kurzweil et al. (US 8560044 B2) discloses a garment accessory comprising multiple electrodes with three distinct attachment points.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM E MOSSBROOK whose telephone number is (703)756-1936. The examiner can normally be reached M-F 8-5.
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, Linda Dvorak can be reached at (571)272-4764. 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.
/W.M./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794