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 .
DETAILED ACTION
This Office Action is in response to the Applicant’s communication filed on 11 July 2023. In virtue of this communication, claims 1-14 are currently presented in the instant application.
Information Disclosure Statement(s)
The information disclosure statement(s) (IDS) submitted on 7/11/2023 is/are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 9, and 11-14 is/are rejected under 35 U.S.C. 103 as obvious over DeBates et al. (Publication No.: US 2018/0193699 A1, herein known as D1) in view of Alshami (Publication No.: US 2019/0311648 A1, herein known as D2).
With respect to claim 1, D1 discloses a method for monitoring of exercises performed by a user ([0008]), the method comprising:
providing the user with a pair of gloves including a left glove and a right glove wherein each of the gloves comprises a measurement module, the measurement module comprising (left glove 106 and right glove 104; [0016]-[0019]):
an accelerometer;
a gyroscope ([0019]; tracking system 112 can additionally have one or various motion sensors 128 such as gyroscope or an accelerometer);
at least four pressing force sensors arranged at predetermined positions, wherein the positions of the pressing force sensors on the left glove are symmetrical with respect to the positions of the pressing force sensors on the right glove ([0017]-[0018]; left-hand glove 106 is shown having two palm force sensors 116 and finger force sensors 118; right hand glove is shown as an example with two palm force sensors 116 which are symmetrical with the ones in the left hand glove as seen in the figures, particularly Fig. 1, but further described in [0017] in being able to have less than or more than the two force sensors such as those in the fingers); and
a controller for collecting measurement data from the sensors and from the accelerometer (processing system 130; Fig. 1);
a glove wireless data transmission module (wireless radio system 134; Fig. 1);
providing a data processing device (device 208; [0030]; Fig. 2), the data processing device comprising:
a wireless data transmission module communicatively coupled to the glove wireless data transmission modules of each of the gloves;
a data processing system; and
a signaling system (all three are inherent or obvious from the disclosure in [0030]-[0031] when the data processing device is a mobile phone for instance which communicates wirelessly through network 216 and processes the tracking data 206 from the glove system 112 sent by wireless radio system 134);
performing the following steps, in real time, while the user performs the exercise while wearing the gloves:
at each glove, during performance of the exercise set, reading and pre-processing measurement data from the sensors and accelerometer in the gloves to determine at least a standardized total force measured by the sensors during performance of the exercise set ([0023]-[0028]; tracking logic processed from the sensor inputs determine the weight of an item lifted and other statistics of the lifting);
by means of the glove wireless data transmission modules of each of the gloves, transmitting the pre-processed data to the wireless data transmission module of the data processing device ([0030] the data logic detected and determined in [0023]-[0026] is sent to the device 208);
by means of the data processing system, processing the transmitted data to analyze differences between data from the sensors of the left glove and the data from the sensors of the right glove ([0030] the data logic detected and determined in [0023]-[0026] is sent to the device 208); and
by means of the signaling system, providing a feedback to the user, wherein the feedback indicates at least a balance between the standardized total force measured at the left glove and the right glove ([0028] gives feedback based on form, technique, and any other type of user feedback related to the determined exercise).
D1 does not explicitly disclose both the accelerometer and gyroscope being three-axis sensors (D1 is silent as to the specifics of the accelerometer and gyroscope).
D2 teaches a glove device which incorporates sensors for the tracking of the bones in the hand in addition to inertial sensors for tensile and compressive force detection ([0073]-[0076]). The sensors for tracking the hand can explicitly be 3-axis gyroscopes ([0073], [0075]) and a 3-axis accelerometer ([0073], [0074]).
It would have been inherent or obvious to one of ordinary skill in the art to modify the method of D1 by using these known/specific types of 3-axis sensors for tracking a user’s hand motions as taught by D2 as a user’s hands will move in three different axis through the normal range of motion while lifting, and would yield the correct and most accurate results by utilizing a sensor that can detect the full range of motion of the user’s hands.
With respect to claim 2, the combination of D1 and D2 further discloses a method wherein the data processing device is a smartphone operating an application executing the functions of the data processing circuit (D1: the device 208 can be a smartphone [0030]-[0031]; the smartphone can then use a software application as discussed in [0035] to determine the proper packages have been lifted based on the known size of the correct package and how much force is being exerted from the gloves when lifted).
With respect to claim 3, the combination of D1 and D2 further discloses a method wherein the data processing device is a tablet or a TV set operating an application performing the functions of the data processing circuit (D1: the device 208 can be a tablet [0030]-[0031]; the smartphone can then use a software application as discussed in [0035] to determine the proper packages have been lifted based on the known size of the correct package and how much force is being exerted from the gloves when lifted).
With respect to claim 4, the combination of D1 and D2 further discloses a method wherein the signaling system comprises a display (D1: integrated display device 218; [0031]; which can display feedback; [0038]).
With respect to claim 5, the combination of D1 and D2 further discloses a method wherein the signaling system comprises an audio emitter (D1: various forms of audio feedback, for the device 208, feedback can be shown in the form of any type of audio video feedback as described in [0038]).
With respect to claim 6, the combination of D1 and D2 does not disclose a method wherein the signaling system comprises a vibrating element embedded within the glove (D1: the signaling system, disclosed only as audio or visual feedback, is designed to provide feedback related to the user’s form, technique, and any type of other feedback related to the determine exercise; [0028]).
D2 further teaches a glove that can cause an alert through LED indicators, audible alerts, or vibrations to indicate proper technique ([0053]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the method of the combination of D1 and D2 by incorporating a vibration element into the signaling system of the gloves of the combination as taught by D2 as another known way of alerting the wearer to having improper form during an exercise. Additionally, this type of alert would benefit by being quieter than an audible alert and help those hard of hearing or in a space where noise is discouraged, and would not require the user to directly look at the gloves for the visual indicators, such as in the case of lifting packages where your hands may not be in sight due to the boxes size.
With respect to claim 8, the combination of D1 and D2 does not explicitly disclose a method wherein each glove comprises four pressing force sensors in the following arrangement: a first sensor arranged at the middle finger near the middle phalanx bone, a second sensor arranged at the index finger near the proximal phalanx bone, a third sensor arranged at the second metacarpal bone and a fourth sensor arranged at the fifth metacarpal bone, when the glove is positioned on the hand of the user (D1: the specific locations of the sensors on the fingers is not explicitly described, and as shown in Fig. 1 seem to generically extend the length of the finger).
D2 further teaches a glove with palmar sensors 322’ comprising force sensors 323 and additional force sensor 330 ([0054]-[0055], Fig. 3A) that contain four sensors at these locations (see Fig. 3A and the description of [0054]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the method of the combination of D1 and D2 by arranging the force sensors of the glove of the combination like the force sensors as taught by D2 to obtain force data at the top and bottom of each finger and obtaining more accurate data.
It is noted that this claim uses the terms “near” which is a relative term of degree.
With respect to claim 9, the combination of D1 and D2 appears to further disclose a method further comprising: before reading and pre-processing measurement data from the sensors and the accelerometer, detecting a haptic command input on the glove; and in response to detecting the haptic command input, starting reading of the transmitted data from the pressing sensors and the accelerometer and continuing the reading until detecting another haptic command input (D1: flow of Fig. 3, the commands and measurements begin with the detection of force, and the existence of a software application on a smartphone as described in [0035] in which it is known to use haptic command inputs to register taps on a phone to activate/select the application; in this case, the start and closing of such an app would utilize these haptic presses).
D2 further teaches using haptic feedback during the use of the gloved device ([0051]), and would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize it so that the user knows when tracking has begun.
With respect to claim 11, the combination of D1 and D2 further discloses a method wherein the measurement module comprises a computing module for preprocessing the sensor data (D1: processing system 130 with tracking logic 138).
With respect to claim 12, the combination of D1 and D2 further discloses a method wherein reading and pre-processing measurement data from the sensors comprises storing measurement data read from the sensors and pre- processing stored measurement data after the exercise is stopped to determine a total pressing force measured by the sensors and sending a final set of pre-processed data (D1: steps 304 and 306; [0042]-[0043]; using steps discussed in [0023]; memory 132 in the gloves stores the data for processing).
With respect to claim 13, the combination of D1 and D2 appears to further disclose a method wherein reading and pre-processing measurement data from the sensors comprises storing measurement data read from the sensors and repetitively pre-processing stored measurement data to determine a total pressing force measured by the sensors and sending a partial set of pre-processed data (D1: it appears this is inherently how the forces applied and tracked would work based on the disclosure and involved electronics, force sensors send data to the memory which is then processed by the tracking logic to give the final recommendations and weight values).
With respect to claim 14, see the rejection of claim 1 above.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of D1 and D2 as applied to claim 1 above, and further in view of Jones (Publication No.: US 2017/0225032 A1, herein known as D3).
With respect to claim 7, the combination of D1 and D2 does not disclose a method wherein the glove comprises a pulse oximeter configured to measure the pulse and blood oxygen saturation of the user.
D1 further teaches in the background that personal fitness devices have been designed to track overall fitness, such as heart rate and pedometers.
D3 teaches an exercise glove system for football that includes multiple force and motion sensors, and can additionally have other sensor hardware to track a user’s vitals, such as heart rate, EKG monitors, and pulse oximeters ([0092]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the method of the combination of D1 and D2 by incorporating pulse oximeter or other vital sensors such as heart rate sensors or EKG’s as taught by D3 to enable the user to be able to track their vitals during an exercise, or be alerted to dangerous levels, as known in the art to do as discussed in the background of D1.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 and D2 as applied to claim 1 above, and further in view of Maddahi et al. (Publication No.: US 2022/0338761 A1, herein known as D4).
With respect to claim 10, the combination of D1 and D2 does not disclose a method wherein at least one glove comprises a pedometer.
D1 further teaches in the background that personal fitness devices have been designed to track overall fitness, such as heart rate and pedometers.
D4 teaches a glove system for rehabilitation that includes multiple sensors to track overall fitness, such as temperature sensors, SpO2, heart rate sensors, and pedometers ([0078]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the method of the combination of D1 and D2 by incorporating a pedometer or other vital sensors as taught by D4 to enable the user to be able to track their vitals during an exercise, or be alerted to dangerous levels, as known in the art to do as discussed in the background of D1.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rudan (Publication No.: US 2019/0275403 A1)
Magjarevic et al. (Publication No.: WO 2017114075 A1, a machine translation is provided with this Office Action)
Vigano’ et al. (Publication No.: US 2017/0086419 A1)
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANA HANCOCK whose telephone number is (571)270-7547. The examiner can normally be reached on 10AM-6PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached on (571) 272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.H/Examiner, Art Unit 2852
9/20/2025
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852