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 .
Election/Restrictions
Claims 3-4 & 12-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 2, 2026.
Specification
The abstract of the disclosure is objected to because the current abstract is not in a proper format, i.e. the WIPO format is not on a separate sheet. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
(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, 5-11 & 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Heikenfeld et al. (US 2016/0374598).
Heikenfeld et al. discloses;
Claim 1.
A system comprising: a sweat stimulation device for stimulating sweat generation from sweat glands of a subject, the device comprising: a stimulation element configured to provide modulated stimulation between two non-zero states to the sweat glands through the skin of the subject;
E.G. via the disclosed sweat sensing device 100 further comprising a stimulation component 140, which provides sweat stimulation, and/or sweat activation, based on techniques that that the sweat can be controlled or created by said device, which can also allow for said device to generate sweat from a lower sweat onset temperature {[0033], [0036]-[0037] & (Fig 1)}.
Note: The applicant’s specification defines the modulation stimulation between ‘two non-zero states’ as varying between levels, amounts, values, etc. in order to maintain the temperature of the skin of the subject within a temperature range, i.e. above or below the sweat onset threshold [SPEC 0045, US 2024/0057899]. The examiner is interpreting that the capability of the disclosed device to control and/or create sweat activation to generate sweat from an onset temperature as being configured to provide the claimed modulated stimulation ([0033] & [0036]). The examiner further notes that the claim does not specify specific stimulation parameters and/or details that would exclude the device as disclosed from being capable of providing the claimed modulated stimulation.
and a sensor for measuring data indicative of a characteristic of sweat generated by the sweat glands in response to the stimulation; and a processor configured to receiving the measured data from the sensor;
E.G. via the disclosed sweat sensor 120, including additional supporting technology, in order for said sensor to provide data and readings and is further configured to measure sweat rate measurements in order to adjust sweat stimulation and control for a target sweat generation rate ([0031], [0034], [0037] & (Fig 1)}.
receiving the measured data with a threshold value; and responsive to determining that the measured data meets or exceeds the threshold value, generating an alert signal.
E.G. via the disclosed measured sweat rate used to determine a sweat rate measurement that is used to enable a sweat sensing event ([0034]-[0035]), such as a sweat sensing device being able to communicate to a smart phone an alert to a user [0044].
Claim 2.
The system according to claim 1, wherein the stimulation element comprises at least one of: a heating element operative to apply a modulated stimulation comprising a variation in temperature; or an electrical element operative to apply a modulated stimulation comprising a variation in electrical current.
E.G. ([0033] & [0037]-[0038]).
Claim 5.
A method of stimulating sweat generation from sweat glands of a subject,
E.G. [0007].
the method comprising: operating a stimulation element to provide modulated stimulation between two non-zero states to the sweat glands through skin of the subject,
E.G. via the disclosed sweat sensing device 100 further comprising a stimulation component 140, which provides sweat stimulation, and/or sweat activation, based on techniques that that the sweat can be controlled or created by said device, which can also allow for said device to generate sweat from a lower sweat onset temperature {[0033], [0036]-[0037] & (Fig 1)}.
Note: The applicant’s specification defines the modulation stimulation between ‘two non-zero states’ as varying between levels, amounts, values, etc. in order to maintain the temperature of the skin of the subject within a temperature range, i.e. above or below the sweat onset threshold [SPEC 0045, US 2024/0057899]. The examiner is interpreting that the capability of the disclosed device to control and/or create sweat activation to generate sweat from an onset temperature as being configured to provide the claimed modulated stimulation ([0033] & [0036]). The examiner further notes that the claim does not specify specific stimulation parameters and/or details that would exclude the device as disclosed from being capable of providing the claimed modulated stimulation.
the modulated stimulation comprising at least one period of increased stimulation and at least one period of reduced stimulation; receiving, from a sweat sensor, data indicative of a characteristic of sweat generated by the sweat glands in response to the stimulation;
E.G. via the disclosed techniques that that the sweat can be controlled or created by said device, which can also allow for said device to generate sweat from a lower sweat onset temperature {[0033], [0036]-[0037] & (Fig 1)}, wherein the sweat generation rate is the rate at which sweat is generated by the sweat glands themselves {[0033], [0036]-[0037] & (Fig 1)}.
comparing the received data with a threshold value; and responsive to determining that the received data meets or exceeds the threshold value, generating an alert signal.
E.G. via the disclosed measured sweat rate used to determine a sweat rate measurement that is used to enable a sweat sensing event ([0034]-[0035]), such as a sweat sensing device being able to communicate to a smart phone an alert to a user [0044].
Claim 6.
The method according to claim 5, wherein the stimulation element comprises a heating element; and wherein the modulated stimulation comprises a variation in temperature of the heating element, such that the at least one period of increased stimulation comprises an increase in temperature of the heating element and the at least one period of reduced stimulation comprises a decrease in temperature of the heating element.
E.G. ([0033] & [0037]-[0038]).
Claim 7.
The method according to claim 6, further comprising: receiving, from a temperature sensor, temperature data indicative of a temperature of a region of the skin of the subject around the heating element; and adjusting an operating parameter of the heating element based on the received temperature data.
E.G. [0043].
Claim 8.
The method according to claim 5, wherein the stimulation element comprises an electrical element operative to conduct an electrical current through the skin; and wherein the modulated stimulation comprises a series of electrical pulses,
wherein the at least one period of increased stimulation comprises an increase in electrical current and the at least one period of reduced stimulation comprises a decrease in electrical current.
E.G. via the disclosed iontophoresis that provides direct current into the skin [0033].
Claim 9.
The method according to claim 8, further comprising: receiving, from a skin conductance sensor, a response signal indicative of skin conductance of the subject; and adjusting an operating parameter of the electrical element based on the received stimulus response signal.
E.G. via the disclosed sweat sensing device that senses the properties on the surface of skin, such as the galvanic skin response sensor ([0030]-[0031]).
Claim 10.
The method according to claim 8 further comprising: receiving, from a skin conductance sensor, a response signal indicative of skin conductance of the subject; and responsive to determining that the received response signal meets a defined condition, activating the sweat sensor.
E.G. ([0030]-[0031]).
Claim 11.
The method according to claim 5, further comprising: operating the stimulation element to modify, during the at least one period of increased stimulation, at least one of a duration, an amplitude, a frequency and-or-a duty cycle of the modulated stimulation.
E.G. via the disclosed stimulation means being able to operate for a modified duration, i.e. for shorter duration or at a lower intensity [0036].
Claim 15.
A computer program product comprising a non-transitory computer-readable medium, the computer-readable medium having computer-readable code embodied therein, the computer-readable code being configured such that, on execution by a suitable computer or processor, the computer or processor is caused to perform the method of claim 5.
E.G. via the disclosed smart phone, in which the sweat sensing device directly communicates with [0044].
Note: The examiner is interpreting the disclosed smart phone as being the computer program product comprising a non-transitory computer readable medium since it is inherently understood that the smart phone operates like a mini-computer and/or processor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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, David Hamaoui can be reached at 571-270-5625. 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.
/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796