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 .
Response to Amendment
Applicant’s submission filed 11/19/2025 includes changes to the claims, remarks and arguments related to the previous rejection. The above have been entered and considered. Claims 1-20 are currently pending.
Response to Arguments
With regard to the 112(b) rejection:
Applicant has amended Claims 1 & 11 to resolve the clarity of the structure and function of the output module. 112(b) rejection of the claims is withdrawn.
With regard to the 103 rejection:
Applicant has amended Claims 1 & 11 to add a new limitation not previously considered, which requires additional search and consideration:
the flexible base defines a first relief cut and a second relief cut disposed on opposite sides of an expected axis of flexion of the circuit package, the expected axis of flexion lying between the first and second relief cuts such that flexion of the circuit package occurs along the axis between the relief cuts.
Applicant’s arguments and/or amendments with regard to Claims 1-20 have been considered in light of the previous references. The arguments and amended claims do not overcome the prior art at the time of the filing of the invention. Upon further consideration, a new ground(s) of rejection is made in view of a new combination of the prior references of Dojan and Kwon in view of the new reference of Rice.
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.
Claims 1-4, 7-9, 11-14 & 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Dojan (US 20140260677: “Dojan”) in view of Kwon (US 20170077147: “Kwon”) and in further view of Rice (US 20130213144: “Rice”).
Claim 1. Dojan discloses a circuit package (12) comprising: a flexible base (37)[0063: The insert member 37 in the embodiment illustrated in FIGS. 3-8 is formed of multiple layers, including at least a first layer 66 and a second layer 68. The first and second layers 66, 68 may be formed of a flexible film material, such as a Mylar.RTM. or other PET (polyethylene terephthalate) film, or another polymer film, such as polyamide]; a first termination point (16) connected with the flexible base (37)[0087: the sensors 16 may have a separate port 14 for communication with one or more electronic modules 22. The ports 14 in this embodiment are connected to the sensors 16 by leads 18 and may be located between the layers of the insert 37, within a hole in the insert 37, or above or below the insert 37 in various embodiments. It is understood that multiple or distributed port(s) 14 may be used] the first termination point comprises at least one temperature sensor (16) [0097: but additional sensors (not shown) may be provided to sense or provide data or information relating to a wide variety of different types of parameters, such as physical or physiological data associated with use of the article of footwear 100 or the user, including … temperature, … body temperature] (16) a first connection trace (18) [0083] for providing electrical communication [0087: The ports 14 in this embodiment are connected to the sensors 16 by leads 18 and may be located between the layers of the insert 37]; between the first termination point (16) and the output interface (14)[0113: The use of conductive threads as leads 18 permit the conductive paths between the sensors 16 and the port 14 have the same mechanical properties as the footwear material onto which it is sewn]; a second termination point (Fig. 5: 107 transmission) connected with the flexible base (37)[0054: The port 14 is configured for communicating data received from the sensors 16, such as to an electronic module (also referred to as an electronic control unit) 22 as described below. The port 14 and/or the module 22 may be configured to communicate with an external device, as also described below. In the embodiment illustrated in FIGS. 3-8, the system 12 has four sensors 16], wherein the second termination point (107) comprises at least one output module (22 transmitting/receiving)[0096 In the example of FIG. 5, the electronic component 22 may include a data transmission/reception element 107 for transmitting data to and/or receiving data from one or more remote systems. In one embodiment, the transmission/reception element 107 is configured for communication through the port 14, such as by the contacted or contactless interfaces described above] & [0093: additional output modules connected to processor 202 e.g. light members], the at least one output module (22) configured to connect to an external device (110)[0087-0088][0100][0108: The port 14, module 22, and/or external device 110 can be configured to give the user active, real-time feedback. In one example, the port 14 and/or module 22 can be placed in communication with a computer, mobile device, etc., in order to convey results in real time. In another example, one or more vibration elements may be included in the shoe 100]: an input interface (202) configured to communicate a signal to the second termination point (107)[0096]; a second connection (Fig. 5: shows trace from 107 to 202) for providing electrical communication between the input interface (202) and the second termination point (107)[0096] & [0054]; a protective cover (Fig. 3: 133 & 138) connected with the flexible base (Fig. 3: 133 & 138) comprising a first protective layer (Fig. 3: 133 protects above circuit 37) and a second protective layer (Fig. 3: 138 protects below circuit 37) [0056] for protecting the circuit package from damage [0056: the foot contacting member 133, such as by positioning the insert member 37 between the midsole 131 and the foot contacting member 133 … the insert 37 can be placed on top of the compressible sole member 138 to place the housing 24 in the well 135].
Dojan implies that traces are used as the contacted connection between 107 transmitter/receiver and the 202 input interface processor [0096: In one embodiment, the transmission/reception element 107 is configured for communication through the port 14, such as by the contacted or contactless interfaces described above] but Dojan does not explicitly disclose:
1) the second connection for providing electrical communication between the input interface and the second termination point is a second connection trace.
2) the flexible base defines a first relief cut and a second relief cut disposed on opposite sides of an expected axis of flexion of the circuit package, the expected axis of flexion lying between the first and second relief cuts such that flexion of the circuit package occurs along the axis between the relief cuts.
With regard to 1) Kwon teaches a separate flexible printed circuit (FPC) for connecting components [0008]. Kwon further teaches trace lines (Fig. 5a: 120) on a flexible base (100) use the trace connections between component points and input interfaces [0080-0082: the conductive [trace] lines broadly refer to a conductive path for transmitting any type of electrical signals, power and/or voltages from one point to another point in the flexible display 100. As such, the conductive lines may include source/drain electrodes of the TFTs as well as the gate lines/data lines used in transmitting signals from some of the display driving circuits (e.g., gate driver, data driver) …] & [0082: the conductive lines may be configured differently from the other portions to withstand the bending stress. In particular, the portion of the conductive lines laid over the bend allowance section of the flexible display 100 may include several features for reducing cracks and fractures of the conductive lines to maintain proper interconnection].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kwon’s tailored trace lines on a flexible base for transmitting signals between electrical signal components with Dojan’s signal transfer between an input interface and a component second termination point because having a tailored trace between components on a flexible base provides a reliable electrical connection in a dynamic flex environment prone to electrical connection cracking damage [Kwon 0106].
With regard to 2) Rice in a similar invention teaches a flexible base (Fig. 12: 37) defines a first relief cut (86a) and a second relief cut (85a) disposed on opposite sides of an expected axis of flexion of the circuit package (50 & 16)[0115: The cut-out portions 85A, 86A along the medial and lateral edges 85, 86 are located proximate the juncture between the forefoot portion 37B and the midfoot portion 37A, and the width W1 of the insert 37 (defined between the medial and lateral edges 85, 86) in the midfoot portion 37A and the width W2 in the forefoot portion 37B are greater than the width W3 of the insert measured between the first and second cut-outs 85A, 86A], the expected axis of flexion lying between the first (86a) and second relief cuts (85a) such that flexion of the circuit package (50 & 16), occurs along the axis between the relief cuts (85a & 86a)[0116: The cut out portions 85A, 86A, 87A each extend inwardly into the body of the insert 37 and generally have a concave and/or indented shape. In the embodiment illustrated in FIGS. 3-22B, each of the cut out portions 85A, 86A, 87A has a smooth and concave inwardly curved (curvilinear) shape, which resists ripping, tearing, or propagation of cracks in the insert 37] & [0157: The gap 59 can serve as a flexing point to minimize bending of the conductive portions 51 if aligned properly. In the embodiment of FIGS. 3-22B, the gap 59 is generally aligned perpendicular to the direction of the typical roll of the user's foot, or in other words, perpendicular to a line extending between the fifth metatarsal area and the first metatarsal area of the insert 37].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Rice’s relief cuts next to a flexible circuit with Dojan’s flexible circuit board because the relief cuts redistribute the flex point away from the circuit under flex to a protective bend location to improve reliability of the circuit from excess bending thereby resisting ripping, tearing, or propagation of cracks in the insert [Rice 0116].
Claim 2. Dependent on the circuit package of claim 1. Dojan discloses the first connection trace (Fig. 10: 18 traces) [0083] is connected with the first termination point (Figs. 4 & 10: 16 via 18 straight line to 14) in straight-line patterns without sharp angles (Fig. 10: 16 from via 18 straight line to 14), and whnput interfaceserein the second connection trace (14 with contacted traces 107 to power 206 and processing 202) is connected with the second termination point (22) in straight-line patterns without sharp angles [0096: the transmission/reception element 107 is configured for communication through the port 14, such as by the contacted or contactless interfaces described above (e.g. contacted traces like 18). In the embodiment shown in FIG. 5, the module 22 includes an interface 23 configured for connection to the port 14 and/or sensors 16. In the module 22 illustrated in FIG. 5, the interface 23 has contacts that are complementary with the terminals 11 of the interface 20].
Claim 3. Dependent on the circuit package of claim 1. Dojan further discloses at least a portion of the conductive material (18) comprises an interconnect including a lead (18)[0054: FIGS. 3-8, the sensor leads 18 may be an electrically conductive medium that is printed on the insert member 37, such as a silver-based ink or other metallic ink, such as an ink based on copper and/or tin].
Dojan, as modified, does not explicitly disclose:
at least a portion of the conductive material comprises an interconnect including at least two leads, the two leads separated by a void for mitigating propagation of a crack in the conductive material.
Kwon teaches a separate flexible printed circuit (FPC) for connecting components [0008]. Kwon further teaches trace lines (Fig. 5a: 120) where the traceline is a plurality of trace lines at least a portion of the conductive material (Figs 6a&b crack stopper structure with trace lines separated by voids) comprises an interconnect including at least two leads [0106] (Fig. 8a: 820 & 830), the two leads separated (Fig. 8a: 820 & 830) by a void for mitigating propagation of a crack in the conductive material [0106].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kwon’s plurality of redundant separated traces on a flexible base with Dojan’s, as modified, traces on a flexible base because the redundant separated traces improve the reliability of the electrical connections in a dynamic flexing environment prone to cracking in the base and traces [Kwon 0106].
Claim 4. Dependent on the circuit package of claim 1. Dojan further discloses a processor (Fig. 5: processor 302), wherein the output interface (14) is further configured to communicate the data to the processor (Fig. 5: processor 302)[0100], and the processor (302) is configured to communicate an input to the input interface (202)[0100].
Claim 7. Dependent on the circuit package of claim 1. Dojan further discloses the at least one output module (Fig. 4: 22) comprises a transmission device (107)[0095: transmission/reception system (TX-RX) 107 as integrated into the electronic module structure 22].
Claim 8. Dependent on the circuit package of claim 1. Dojan further discloses the protective cover (133 & 138)[0056] is configured to receive a foot of a user [0058].
Claim 9. Dependent on the circuit package of claim 8. Dojan further discloses the protective cover (133 & 138) [0056] comprises an insole [0050: contacting member 133 may be a sockliner, a strobel, an insole].
Claim 11. Dojan discloses a method of communicating through a circuit package (12), comprising: a. communicating data from a first termination point (16) connected with a flexible base (37)[0063: The insert member 37 in the embodiment illustrated in FIGS. 3-8 is formed of multiple layers, including at least a first layer 66 and a second layer 68. The first and second layers 66, 68 may be formed of a flexible film material, such as a Mylar.RTM. or other PET (polyethylene terephthalate) film, or another polymer film, such as polyamide] of the circuit package (12) to an output interface (14), wherein the first termination point (16) comprises at least one temperature sensor [0097: but additional sensors (not shown) may be provided to sense or provide data or information relating to a wide variety of different types of parameters, such as physical or physiological data associated with use of the article of footwear 100 or the user, including … temperature, … body temperature], and wherein the first termination point (16) is in electrical communication with the output interface (14) through a first connection trace (18 to 14) )[0087: the sensors 16 may have a separate port 14 for communication with one or more electronic modules 22. The ports 14 in this embodiment are connected to the sensors 16 by leads 18 and may be located between the layers of the insert 37, within a hole in the insert 37, or above or below the insert 37 in various embodiments. It is understood that multiple or distributed port(s) 14 may be used]; b. communicating a signal from an input interface (202) [0083] to a second termination point (107) connected with the flexible base (37) [0054: The port 14 is configured for communicating data received from the sensors 16, such as to an electronic module (also referred to as an electronic control unit) 22 as described below. The port 14 and/or the module 22 may be configured to communicate with an external device, as also described below. In the embodiment illustrated in FIGS. 3-8, the system 12 has four sensors 16], wherein the second termination point (107) comprises at least one output module (22 transmitting/receiving)[0096 In the example of FIG. 5, the electronic component 22 may include a data transmission/reception element 107 for transmitting data to and/or receiving data from one or more remote systems. In one embodiment, the transmission/reception element 107 is configured for communication through the port 14, such as by the contacted or contactless interfaces described above] & [0093: additional output modules connected to processor 202 e.g. light members] and wherein the input interface (202) is in electrical communication with the second termination point (107) through a second connection trace (14 with contacted traces 107 to power 206 and processing 202), wherein the at least one output module (22) is configured to connect to an external device (110)[0087-0088][0100][0108: The port 14, module 22, and/or external device 110 can be configured to give the user active, real-time feedback. In one example, the port 14 and/or module 22 can be placed in communication with a computer, mobile device, etc., in order to convey results in real time. In another example, one or more vibration elements may be included in the shoe 100] and wherein the flexible base (37) is connected with a protective cover (133) [0056] comprising a first protective layer (Fig. 3: 133 above 37) and a second protective layer (Fig. 3: 138 below 37) for protecting the circuit package from damage [0056: the foot contacting member 133, such as by positioning the insert member 37 between the midsole 131 and the foot contacting member 133 … the insert 37 can be placed on top of the compressible sole member 138 to place the housing 24 in the well 135].
Dojan implies that traces are used as the contacted connection between 107 transmitter/receiver and the 202-input interface processor [0096: In one embodiment, the transmission/reception element 107 is configured for communication through the port 14, such as by the contacted or contactless interfaces described above] but Dojan does not explicitly disclose:
1) the second connection for providing electrical communication between the input interface and the second termination point is a second connection trace.
2) the flexible base defines a first relief cut and a second relief cut disposed on opposite sides of an expected axis of flexion of the circuit package, the expected axis of flexion lying between the first and second relief cuts such that flexion of the circuit package occurs along the axis between the relief cuts.
With regard to 1) Kwon teaches a separate flexible printed circuit (FPC) for connecting components [0008]. Kwon further teaches trace lines (Fig. 5a: 120) on a flexible base (100) use the trace connections between component points and input interfaces [0080-0082: the conductive [trace] lines broadly refer to a conductive path for transmitting any type of electrical signals, power and/or voltages from one point to another point in the flexible display 100. As such, the conductive lines may include source/drain electrodes of the TFTs as well as the gate lines/data lines used in transmitting signals from some of the display driving circuits (e.g., gate driver, data driver) …] & [0082: the conductive lines may be configured differently from the other portions to withstand the bending stress. In particular, the portion of the conductive lines laid over the bend allowance section of the flexible display 100 may include several features for reducing cracks and fractures of the conductive lines to maintain proper interconnection].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kwon’s tailored trace lines on a flexible base for transmitting signals between electrical signal components with Dojan’s signal transfer between an input interface and a component second termination point because having a tailored trace between components on a flexible base provides a reliable electrical connection in a dynamic flex environment prone to electrical connection cracking damage [Kwon 0106].
With regard to 2) Rice in a similar invention teaches a flexible base (Fig. 12: 37) defines a first relief cut (86a) and a second relief cut (85a) disposed on opposite sides of an expected axis of flexion of the circuit package (50 & 16)[0115: The cut-out portions 85A, 86A along the medial and lateral edges 85, 86 are located proximate the juncture between the forefoot portion 37B and the midfoot portion 37A, and the width W1 of the insert 37 (defined between the medial and lateral edges 85, 86) in the midfoot portion 37A and the width W2 in the forefoot portion 37B are greater than the width W3 of the insert measured between the first and second cut-outs 85A, 86A], the expected axis of flexion lying between the first (86a) and second relief cuts (85a) such that flexion of the circuit package (50 & 16), occurs along the axis between the relief cuts (85a & 86a)[0116: The cut out portions 85A, 86A, 87A each extend inwardly into the body of the insert 37 and generally have a concave and/or indented shape. In the embodiment illustrated in FIGS. 3-22B, each of the cut out portions 85A, 86A, 87A has a smooth and concave inwardly curved (curvilinear) shape, which resists ripping, tearing, or propagation of cracks in the insert 37] & [0157: The gap 59 can serve as a flexing point to minimize bending of the conductive portions 51 if aligned properly. In the embodiment of FIGS. 3-22B, the gap 59 is generally aligned perpendicular to the direction of the typical roll of the user's foot, or in other words, perpendicular to a line extending between the fifth metatarsal area and the first metatarsal area of the insert 37].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Rice’s relief cuts next to a flexible circuit with Dojan’s flexible circuit board because the relief cuts redistribute the flex point away from the circuit under flex to a protective bend location to improve reliability of the circuit from excess bending thereby resisting ripping, tearing, or propagation of cracks in the insert [Rice 0116].
Claim 12. Dependent on the method of claim 11. Dojan discloses the first connection trace (Fig. 10: 18 traces) [0083] is connected with the first termination point (Figs. 4 & 10: 16 via 18 straight line to 14) in straight-line patterns without sharp angles (Fig. 10: 16 from via 18 straight line to 14), and wherein the second connection trace (14 with contacted traces 107 to power 206 and processing 202) is connected with the second termination point (22) in straight-line patterns without sharp angles [0096: the transmission/reception element 107 is configured for communication through the port 14, such as by the contacted or contactless interfaces described above (e.g. contacted traces like 18). In the embodiment shown in FIG. 5, the module 22 includes an interface 23 configured for connection to the port 14 and/or sensors 16. In the module 22 illustrated in FIG. 5, the interface 23 has contacts that are complementary with the terminals 11 of the interface 20].
Claim 13. Dependent on the method of claim 11. Dojan further discloses the flexible base (37) is further connected to a conductive material [0054: FIGS. 3-8, the sensor leads 18 may be an electrically conductive medium that is printed on the insert member 37, such as a silver-based ink or other metallic ink, such as an ink based on copper and/or tin], and the conductive material (18) is in communication with the first termination point (16) and the second termination point (14 to 107). Dojan, as modified, does not explicitly disclose:
the conductive material comprises an interconnect including at least two leads, the two leads separated by a void for mitigating propagation of a crack in the conductive material.
Kwon teaches a separate flexible printed circuit (FPC) for connecting components [0008]. Kwon further teaches trace lines (Fig. 5a: 120) where the traceline is a plurality of trace lines the conductive material (Figs 6a&b crack stopper structure with trace lines separated by voids) comprises an interconnect including at least two leads (Fig. 8a: 820 & 830) [0106], the two leads separated (Fig. 8a: 820 & 830) by a void for mitigating propagation of a crack in the conductive material [0106].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kwon’s plurality of redundant separated traces on a flexible base with Dojan’s, as modified, traces on a flexible base because the redundant separated traces improve the reliability of the electrical connections in a dynamic flexing environment prone to cracking in the base and traces [Kwon 0106].
Claim 14. Dependent on the method of claim 11. Dojan further discloses between steps a. and b., the method further comprises: communicating the data from the output interface (14) to a processor (302)[0100]; and communicating an input from the processor (302) to the input interface (202)[0100].
Claim 17. Dependent on the method of claim 11. Dojan further discloses the at least one output module (Fig. 4: 22) comprises a transmission device (107)[0095: transmission/reception system (TX-RX) 107 as integrated into the electroni+c module structure 22].
Claim 18. Dependent on the method of claim 11. Dojan further discloses the protective cover (133 & 138)[0056] is configured to receive a foot of a user [0058].
Claim 19. Dependent on the method of claim 18 Dojan further discloses the protective cover (133 & 138) [0056] comprises an insole [0050: contacting member 133 may be a sockliner, a strobel, an insole].
Claims 5, 10, 15 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dojan in view of Kwon and Rice and in further view of Mott (US 5500635: “Mott”).
Claim 5. Dependent on the circuit package of claim 1. Dojan further discloses the at least one output module (22) comprises a light [0093: light members]. Dojan, as modified, does not explicitly disclose:
the signal communicated from the input interface instructs the light to activate, change brightness, change colour, or change flashing pattern.
Mott teaches a product, preferably an athletic shoe or athletic apparel, adapted to emit light, sound energy or information in response to impact [Col. 7 lines 1-10]. Mott further teaches the signal communicated from the input interface (Fig. 14: switching circuit 774) instructs the light (Fig. 14: 726-736 LED) to activate, change brightness, change colour, or change flashing pattern c[Col. 14 lines 48-60: he switching circuit 774 is set to couple the output of the differentiating circuit 770 to the ladder network 776, then the greater the impact pressure on the piezoelectric impact sensor 718, the greater the voltage at the output of the differentiating circuit 770. This greater voltage increases the number of active outputs of the ladder network 776 which in turn, causes the threshold circuit 778 to turn on the appropriate number of the LEDs 728, 730, 732, 734 or 736. Thus, by lighting from one to five of these LEDs, a bar graph display of impact pressure can be seen on the toe portion of the upper 714 section of shoe 710 (see FIG. 13) and the switching circuit 774 can also be set to connect the temperature sensor 738 to the input of the ladder network 776. In].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mott’s flex circuit with impact and/or temperature level sensor light indicators and processing with Dojan’s, as modified, flex circuit sensing and processing because a light level indication of force aand/or temperature increases the quality of fitness information for a user conditioning program [Mott Col. 7 lines 5-10].
Claim 10. Dependent on the circuit package of claim 1. Dojan further discloses the at least one temperature sensor [0097].
Dojan, as modified, does not explicitly disclose:
one temperature sensor comprises a material that is sensitive to changes in an electrical property, and wherein the electrical property is a resistance, a capacitance, a conductance, or an inductance.
Mott teaches a product, preferably an athletic shoe or athletic apparel, adapted to emit light, sound energy or information in response to impact [Col. 7 lines 1-10]. Mott further teaches one temperature sensor (738) comprises a material that is sensitive to changes in an electrical property [Col. 14 lines 65-67: a thermistor] and wherein the electrical property is a resistance [Col. 14 lines 65-67: a thermistor].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mott’s flex circuit with a thermistor, resistance-based temperature level sensor light indicators and processing with Dojan’s, as modified, flex circuit sensing and processing because a light level indication of force aand/or temperature increases the quality of fitness information for a user conditioning program [Mott Col. 7 lines 5-10].
Claim 15. Dependent on the method of claim 11. Dojan further discloses the at least one output module (22) comprises a light [0093: light members]. Dojan, as modified, does not explicitly disclose:
communicating the signal between the input interface and the second termination point comprises instructing the light to activate, change brightness, change colour, or change flashing pattern.
Mott teaches a product, preferably an athletic shoe or athletic apparel, adapted to emit light, sound energy or information in response to impact [Col. 7 lines 1-10]. Mott further teaches communicating the signal between the input interface (Fig. 14: switching circuit 774) and the second termination point (Fig. 14: 726-736 LED) comprises instructing the light to activate, change brightness, change colour, or change flashing pattern. (Fig. 14: switching circuit 774) instructs the light (Fig. 14: 726-736 LED) to activate, change brightness, change colour, or change flashing pattern [Col. 14 lines 48-60: he switching circuit 774 is set to couple the output of the differentiating circuit 770 to the ladder network 776, then the greater the impact pressure on the piezoelectric impact sensor 718, the greater the voltage at the output of the differentiating circuit 770. This greater voltage increases the number of active outputs of the ladder network 776 which in turn, causes the threshold circuit 778 to turn on the appropriate number of the LEDs 728, 730, 732, 734 or 736. Thus, by lighting from one to five of these LEDs, a bar graph display of impact pressure can be seen on the toe portion of the upper 714 section of shoe 710 (see FIG. 13) and the switching circuit 774 can also be set to connect the temperature sensor 738 to the input of the ladder network 776. In].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mott’s flex circuit with impact and/or temperature level sensor light indicators and processing with Dojan’s, as modified, flex circuit sensing and processing because a light level indication of force aand/or temperature increases the quality of fitness information for a user conditioning program [Mott Col. 7 lines 5-10].
Claim 20. Dependent on the method of claim 11. Dojan further discloses the at least one temperature sensor [0097].
Dojan, as modified, does not explicitly disclose:
one temperature sensor comprises a material that is sensitive to changes in an electrical property, and wherein the electrical property is a resistance, a capacitance, a conductance, or an inductance.
Mott teaches a product, preferably an athletic shoe or athletic apparel, adapted to emit light, sound energy or information in response to impact [Col. 7 lines 1-10]. Mott further teaches one temperature sensor (738) comprises a material that is sensitive to changes in an electrical property [Col. 14 lines 65-67: a thermistor] and wherein the electrical property is a resistance [Col. 14 lines 65-67: a thermistor].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mott’s flex circuit with a thermistor, resistance-based temperature level sensor light indicators and processing with Dojan’s, as modified, flex circuit sensing and processing because a light level indication of force aand/or temperature increases the quality of fitness information for a user conditioning program [Mott Col. 7 lines 5-10].
Claims 6 & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Dojan in view of Kwon and Rice and in further view of Wang (CN 205030590: “Wang” translation provided for citations).
Claim 6. Dependent on the circuit package of claim 1. Dojan, as modified, does not explicitly disclose:
the at least one output module comprises a speaker.
Wang teaches to provide a weight measuring shoe [0007]. Wang further teaches a flexible base of a shoe chassis [0008] and the at least one output module comprises a speaker [0018: A speaker 15 and a DC power jack 3 are provided on one side of the outer
wall of the shoe chassis 1].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Wang’s speaker output on a flexible base with Dojan’s, as modified, flexible circuit base because a speaker provides an improved notification to the user of exceeded measured thresholds of user activity or status [Wang 0022].
Claim 16. Dependent on the method of claim 11. Dojan, as modified, does not explicitly disclose:
the at least one output module comprises a speaker.
Wang teaches to provide a weight measuring shoe [0007]. Wang further teaches a flexible base of a shoe chassis [0008] and the at least one output module comprises a speaker [0018: A speaker 15 and a DC power jack 3 are provided on one side of the outer
wall of the shoe chassis 1].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Wang’s speaker output on a flexible base with Dojan’s, as modified, flexible circuit base because a speaker provides an improved notification to the user of exceeded measured thresholds of user activity or status [Wang 0022].
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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, Peter Macchiarolo can be reached at 571-273-2375. 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.
/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855