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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/15/2023 is being considered by the examiner.
Claim Objections
Claims 1-6 objected to because of the following informalities:
Regarding claim 1, applicant states: “a blower unit that blows air toward the garment; and a control device that controls the blower unit.” (the use of “that” should be “configured to”.) Applicant further states: “an inner layer positioned on a side of the user and an outer layer positioned on a side opposite” (The use of “positioned” should be “configured to be positioned”). Applicant further states: “and a control device that controls the blower unit”, “and the control device controls air blowing” (The use of “control device controls” should be “control device configured to control)
Regarding claim 2, applicant states: “each of the sections the sections via each of the tubes” (The use of “each of the sections” should be “each of the plurality of sections” and the use of “each of the tubes” should be “each of the plurality of tubes”.).
Regarding claim 3, applicant states: “control unit that controls a temperature of air blown”, “a humidity control unit that controls humidity” (the use of “that” should be “configured to”.).
Regarding claim 4, applicant states: “the temperature control unit controls” , “the humidity control unit controls” (the use of “control unit controls” should be “control unit configured to control”)
Regarding claim 5, applicant states: “a first detection unit that detects a body”, “second detection unit that detects moisture” (the use of “that” should be “configured to”.). Applicant further states: “temperature control unit controls”, “the humidity control unit controls” (the use of “control unit controls” should be “control unit configured to control”)
Regarding claim 6, applicant states: “temperature control unit controls” , “humidity control unit controls” (the use of “control unit controls” should be “control unit configured to control”)
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “blower unit” in claims 1-6, “temperature control unit” in claim 3 and “a first detection unit” and “a second detection unit” in claim 5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, applicant states: ‘a garment that is worn by a user […] of a body of the user […] on a side of the user […] positioned on a side opposite to the user’. It is unclear there actively needs to be a user and therefore claiming a human or if applicant means configured to be placed at a particular location.
Regarding claim 6, applicant states: ‘user to a learned model […] information to a learned model’. It is unclear if the use of “a learned model” in the two separate instances refer to the same model or different models. Applicant further states: ‘the information’ It is unclear whether “the information” being referred to multiple times throughout the claim refer to the same “information”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rogale et al. (US 20110004984 A1).
Regarding claim 1, Rogale teaches: A garment system capable of controlling air blowing, the garment system comprising: ([0024]; Rogale teaches a garment that inflates and deflates sections) a garment that is worn by a user; ([0059] “In this way, body temperature of the wearer of such clothes is preserved in much higher extent than otherwise.” Wherein such clothes refers to the inflatable section garment) a blower unit that blows air toward the garment; ([0081]; Rogale teaches of micro compressor 9 that directs air toward sections, which are in the wearable garment) and a control device that controls the blower unit,([0022]; “FIG. 12 shows electrical schemes of the control system, with two microcontrollers intended for measuring and control of the workings of the garment with adaptive microclimatic conditions.”, [0072]; “The system is based on two microcontrollers. More powerful one, Microchip designated PIC16F877P, is used in measuring, actuation of the micro compressor,” wherein the micro compressor is seen as a blower) wherein the garment is divided into a plurality of sections respectively corresponding to a plurality of parts of a body of the user, ([Figure 10]; Rogale teaches a plurality of compartments (1) correlating to different parts of a wearer’s body) and includes an inner layer positioned on a side of the user and an outer layer positioned on a side opposite to the user when viewed from the inner layer, ([Figure 1];Rogale teaches an inner layer positioned on the side facing the user and an outer layer positioned opposite the inner layer as shown in figure 1 below) the blower unit blows air between the inner layer and the outer layer of each of the plurality of sections, ([0024]; Rogale teaches controlling system 12 controlling air delivered to sections) and the control device controls air blowing performed by the blower unit for each of the sections. ([0055]; “It can be done in a number of ways, but, generally, the data from each of the sections, collected by the sensors for thermodynamic conditions of the environment (11), for each of the sections (1), are passed to one or more microcontrollers that regulate the pressure in one or more of the abovementioned sections, aided by one or more microcompressors”)
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Regarding claim 2, Rogale teaches: The garment system according to claim 1. Wherein figure 1 represents a diagram of a chamber on vest, Rogale further teaches: the garment system further comprising: a plurality of tubes respectively connected to the outer layer of each of the plurality of sections, ([Figure 10]; Rogale teaches tubes extending from microcompressor (9) as shown in figure 10 below) wherein the blower unit blows air between the inner layer and the outer layer of each of the sections via each of the tubes. ([0084]; “a microcompressor and electrovalves are actuated to blow in the air, starting inflating the chambers. “)
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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.
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.
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) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogale in view of Shaffer et al. (US 10299520 B1) herein referred to as “Shaffer”.
Regarding claim 3, Rogale discloses: The garment system according to claim 1. Rogale further discloses: wherein the control device that controls a temperature of air blown. ([0068]; “The article of clothing shown also has two sets of sensors for measuring thermodynamic conditions of the outside environment (11B) and inner microclimatic conditions (11A). These sensors include temperature sensors and humidity sensors.” , and, [0025]; “These properties are continually being changed, depending upon the pressure of the air being blown into the chamber through the openings (5), measured by a sensor (8), so that the sensors (11A, 11B) and the control system (12) are used to control, manually or automatically, the thermal properties of the chamber by controlling the sets of valves (7).”) Although Regale discloses a microclimate control system that controls both humidity and temperature ([0064]) Rogale does not explicitly disclose: wherein the control device includes a temperature control unit and a humidity control unit that controls humidity of air blown by the blower unit
However, Shaffer discloses: wherein the control device includes a temperature control unit ([(24)]; Shaffer discloses heating element 50, which is seen as a temperature control unit.) and a humidity control unit ([(78)]; Shaffer discloses a humidity control element 78.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the garment system as disclosed by Rogale with the temperature control unit as disclosed by Shaffer the motivation being to heat the fabric ([(22)]), it would be obvious to further modify the garment system with the humidity control element as disclosed by Shaffer the motivation being to adjust humidity levels ([(60)])
Regarding claim 4, Rogale teaches: The garment system according claim 1. Rogale further teaches: wherein the controller controls a temperature of air blown by the blower unit for each of the sections, and the controller control unit controls humidity of air blown by the blower unit for each of the sections. ([0025]; “These properties are continually being changed, depending upon the pressure of the air being blown into the chamber through the openings (5), measured by a sensor (8), so that the sensors (11A, 11B) and the control system (12) are used to control, manually or automatically, the thermal properties of the chamber by controlling the sets of valves (7).”. Wherein thermal properties re seen as temperature and humidity). Rogale does not explicitly disclose: wherein the control device includes a temperature control unit and a humidity control unit
However, Shaffer discloses: wherein the control device includes a temperature control unit ([(24)]; Shaffer discloses heating element 50, which is seen as a temperature control unit.) and a humidity control unit ([(78)]; Shaffer discloses a humidity control element 78.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the garment system as disclosed by Rogale with the temperature control unit as disclosed by Shaffer the motivation being to heat the fabric ([(22)]), it would be obvious to further modify the garment system with the humidity control element as disclosed by Shaffer the motivation being to adjust humidity levels ([(60)])
Regarding claim 5, The garment system according to claim 4, the garment system further comprising: a first detection unit that detects a body temperature of each of the plurality of parts; ([0068]; Rogale teaches internal sensors that may comprise temperature sensors) and a second detection unit that detects moisture of a body surface of each of the plurality of parts, ([0068]; Rogale teaches internal sensors that may comprise humidity sensors) wherein the controller unit controls, for each of the plurality of sections, a temperature of air blown by the blower unit in accordance with a body temperature detected by the first detection unit for a part corresponding to the section, ([0025]; “These properties are continually being changed, depending upon the pressure of the air being blown into the chamber through the openings (5), measured by a sensor (8), so that the sensors (11A, 11B) and the control system (12) are used to control, manually or automatically, the thermal properties of the chamber by controlling the sets of valves (7).”) and the controller unit controls, for each of the plurality of sections, humidity of air blown by the blower unit in accordance with moisture detected by the second detection unit for a part corresponding to the section. ([0025])
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogale in view of Shaffer further in view of Guttman et al. (US 20180317572 A1) herein referred to as “Guttman”
Regarding claim 6, Rogale discloses: The garment system according to claim 5. Rogale does not explicitly disclose: wherein the temperature control unit controls the temperature of air blown by the blower unit in accordance with a temperature detected by the first detection unit and a result obtained by inputting information related to a user to a learned model that has learned a relation between the information and the temperature of air blown by the blower unit, and the humidity control unit controls the humidity of air blown by the blower unit in accordance with the moisture detected by the second detection unit and a result obtained by inputting the information to a learned model that has learned a relation between the information and the humidity of air blown by the blower unit.
However, Guttman discloses: wherein the a control unit controls the temperature of air blown by the blower unit ([0092]; “The processor 51 can be responsive to the ambient humidity sensor signal for varying temperature of the air stream”) in accordance with a temperature detected by the first detection unit and a result obtained by inputting information related to a user to a learned model ([0082]; “According to another embodiment of the invention, the suitable software and/or hardware model is based on learning algorithms. Such algorithms are known per se in neural networks and other artificial intelligence systems and may involve tracking the manner of operating the air moving device 2 by the user in a manual control regime as a function of his various physiological characteristics measured by the sensing means, analyzing the user's behavior and operating the air moving device 2 in an automatic control regime based on the learned behavior.” Wherein user’s behavior is seen as inputting user information) that has learned a relation between the information and the temperature of air blown by the blower unit,([0082]; “Learned algorithms” and a control unit controls the humidity of air blown by the blower unit in accordance with the moisture detected by the second detection unit ([0092]; “Likewise, when required, the sensing devices 4 can also include an ambient humidity sensor 48”) and a result obtained by inputting the information to a learned model ([0082];” According to another embodiment of the invention, the suitable software and/or hardware model is based on learning algorithms”) that has learned a relation between the information and the humidity of air blown by the blower unit. ([092]; “The processor 51 can be responsive to the ambient humidity sensor signal for varying temperature of the air stream, humidity of the air stream and air delivery throughput of the air moving device 2, as required in accordance with the physiological model of the human thermoregulation mechanisms.”)
However, Shaffer discloses: wherein the control device includes a temperature control unit ([(24)]; Shaffer discloses heating element 50, which is seen as a temperature control unit.) and a humidity control unit ([(78)]; Shaffer discloses a humidity control element 78.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the garment system as disclosed by Rogale with the temperature control unit as disclosed by Shaffer the motivation being to heat the fabric ([(22)]), it would be obvious to further modify the garment system with the humidity control element as disclosed by Shaffer the motivation being to adjust humidity levels ([(60)]). Further it would have been obvious to modify the garment system with algorithm-based temperature control and humidity control as disclosed by Guttman the motivation being to control the air flow to the garment based on learned behavior ([0092])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 3032974276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794