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 § 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.
Claims 1, 3-5, 14, 17-19, 21-22, 24-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US Pub.: 2020/0188652 A1, – Applicant Cited).
Regarding claim 1, Wang discloses an apparatus for facilitating walking in a human body comprising:
a garment (e.g. Figs. 4A-4C – garment 410; Fig. 5A-5B – stimulation system 500) configured to be worn in a close fit on a leg of a human body (e.g. Figs. 4A-4C and 5A-5B; paragraph 0027), the garment comprising:
- at least one flexible, articulating portion configured to span a joint of a leg (e.g. Fig. 4B and 5A-5B; paragraph 0027);
- a flexible, resilient fabric substrate having an inner surface for engaging a leg closely when worn (e.g. Fig. 4B and 5B; paragraph 0027);
and, on the inner surface of the substrate, an electrode arrangement (e.g. Fig. 4B – conductive electrodes 460 and Figs. 5A-5B) comprising:
at least two pairs of conductive, flexible, printed electrodes (e.g. paragraph 0028, – electrodes made from conductive ink) configured with respect to the articulating portion for electrically stimulating respective, or the same, predetermined muscle group(s) with respect to the joint (e.g. Figs. 4A-4C and 5A-5B);
further in which the electrode arrangement comprises at least one first pair of electrodes configured to stimulate a first muscle group (e.g. Figs. 4A-4C and 5A-5B; paragraph 0045 – gluteal muscles);
and, at least one second pair of electrodes configured to stimulate a second muscle group, or the first muscle group (e.g. Figs. 5A-5B; paragraph 0047, – trapezius muscle).
Regarding claim 3, Wang discloses an apparatus according to claim 1 as discussed above, and Wang further teaches further in which the electrode arrangement comprises, on the inner surface of the garment, one or more of:
- a pair of electrodes configured to stimulate the hamstring muscle group;
- a pair of electrodes configured to stimulate the iliopsoas muscle group;
- a pair of electrodes configured to stimulate the gastrocnemius muscle group;
- a pair of electrodes configured to stimulate the gluteal muscle group (e.g. paragraphs 0045, 0047, – gluteal muscle group).
Regarding claim 4, Wang discloses an apparatus according to claim 3 as discussed above, and Wang further teaches further in which the electrode arrangement comprises:
on the inner surface of the garment, one or more of:
- a pair of electrodes configured to stimulate the oblique muscle group associated with the abdominal corset;
- a pair of electrodes configured to stimulate the rectus abdominis muscle group associated with the abdominal corset (e.g. Fig. 5B; paragraph 0023);
- a pair of electrodes configured to stimulate the erector spinae muscle group associated with the abdominal corset (e.g. Fig. 5B; paragraph 0047).
Regarding claim 5, Wang discloses an apparatus according to claim 1 as discussed above, and Wang further teaches in which one or more of the printed electrodes of the electrode arrangement are one or more of screen printed, stencil printed, inkjet printed, dispenser printed (e.g. paragraphs 0028, 0032-0033).
Regarding claim 14, Wang discloses an apparatus according to any preceding claim as discussed above, and Wang further teaches comprising a control unit for controlling power to the electrode arrangement and configured to supply power to one or more pairs of electrodes (e.g. paragraphs 0023, 047), and in which the control unit comprises a selection module for selecting one or more pairs of electrodes to be powered (e.g. paragraphs 0023, 0056, 0059), and in which at least one pair of electrodes is provided, when selected, with a predetermined voltage waveform in a predetermined sequence (e.g. paragraph 0056).
Regarding claim 17, Wang discloses an apparatus according to claim 14 as discussed above, and Wang further teaches in which at least two pairs of electrodes are each provided with a respective predetermined voltage waveform in a predetermined sequence (e.g. Fig. 5B; paragraphs 0023, 0056, 0059).
Regarding claim 18, Wang discloses an apparatus according to claim 14 as discussed above, and Wang further teaches in which the control unit is configured to supply a time varying or alternating current (AC) voltage to at least one pair of electrodes in a predetermined voltage waveform (e.g. paragraphs 0023, 0056, 0059).
Regarding claim 19, Wang discloses an apparatus according to claim 14 as discussed above, and Wang further teaches in which the control unit is configured to supply the electrodes with a time varying voltage at 60Hz (greater than or equal to 60Hz) (e.g. paragraphs 0056-0057, 0059).
Regarding claim 21, Wang discloses an apparatus according to claim 1 as discussed above, and Wang further teaches in which at least one pair of electrodes is arranged so that at least a first electrode of the pair is associated with at least one motor point of a muscle group (e.g. paragraphs 0023; 0032).
Regarding claim 22, Wang discloses an apparatus according to claim 1 as discussed above, and Wang further teaches in which at least one pair of electrodes is arranged so that at least one electrode of the pair, optionally a second electrode of the pair, lies along a belly of the muscle group (e.g. paragraphs 0022, 0045, 0047, – the belly of a muscle is the thickest portion of the muscle).
Regarding claim 24, Wang discloses an apparatus according to claim 1 as discussed above, and Wang further teaches in which two pairs of electrodes are provided configured to be associated with one muscle group, and in which the electrode arrangement comprises the two pairs of electrodes arranged, generally or substantially, diagonally with respect to one another, a first electrode of one pair diagonally opposite a second electrode of the same pair, a first electrode of one pair, generally or substantially, vertically in line with a second electrode of the other pair (e.g. Fig. 5B; paragraphs 0032, 0047).
Regarding claim 25, Wang discloses an apparatus according to claim 24 as discussed above, and Wang further teaches in which a first pair of electrodes is powered on, as a second pair of electrodes is powered off (e.g. paragraphs 0054, 0059).
Regarding claim 26, Wang discloses an apparatus according to claim 1 as discussed above, and Wang further teaches comprising one or more of the following:
- at least one pair of electrodes inclined with respect to the vertical;
- the electrodes of at least one pair of electrodes are inclined with respect to the other to form a V-shape;
- at least one electrode is elongate;
- at least both electrodes of at least one electrode pair is elongate;
- at least one electrode of a pair is generally rectangular (e.g. paragraph 0030, – rectangular electrode);
- at least one electrode of a pair is generally square (e.g. paragraph 0030, – square electrode).
Regarding claim 27, Wang discloses a method of powering electrodes in an apparatus according to claim 1 as discussed above, comprising:
- selecting at least one electrode pair in the garment (e.g. paragraph 0059);
- powering the selected at least one electrode pair in the garment with a predetermined voltage waveform in a predetermined sequence (e.g. paragraphs 0056, 0059).
Regarding claim 28, Wang discloses a method of manufacturing an apparatus according to claim 1 as discussed above, comprising:
- preparing a flat precursor to a garment (e.g. paragraphs 0008, 0032, 0051);
- printing electrodes on the pre-cursor (e.g. paragraphs 0008, 0032, 0051);
- assembling the garment (e.g. paragraphs 0008, 0032, 0051).
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.
Claim 2 is rejected under 35 U.S.C 103 as being unpatentable over Wang and further in view of Okano et al. (US Pub.: 2022/0047863 A1).
Regarding claim 2, Wang teaches an apparatus according to claim 1 as discussed above. Wang teaches that electrodes on the inner surface of the garment can be pre-positioned to target specific body parts (e.g. paragraph 0024). However, Wang does not explicitly teach in which the electrode arrangement comprises:
on the inner surface of the garment, a pair of electrodes configured to stimulate the tibialis anterior muscle group;
on the inner surface of the garment, a pair of electrodes configured to stimulate the quadricep muscle group.
Okano, in a same field of endeavor of wearable stimulation devices, discloses a pair of electrodes configured to stimulate the tibialis anterior muscle group and a pair of electrodes configured to stimulate the quadricep muscle group (e.g. Fig. 20; paragraph 0114)
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Wang to include a pair of electrodes configured to stimulate the tibialis anterior muscle group and a pair of electrodes configured to stimulate the quadricep muscle group, as taught and suggested by Okano, in order to effectively assist the user with walking/running motion (Okano, paragraph 0116).
Claims 6, 8, 10, and 12 is rejected under 35 U.S.C 103 as being unpatentable over Wang and further in view of Lay et al. (US Pub.: 2022/0152380 A1). Regarding claim 6, Wang discloses an apparatus according to claim 1 as discussed above, and Wang further teaches comprising:
- optionally, a flexible, printed first layer attached to the fabric substrate in a first pattern (e.g. paragraph 0051, – Layer 1);
- a conductive, flexible, printed second layer overlaying the fabric substrate and first layer in a second pattern (e.g. paragraph 0051, – Layer 2);
- a flexible, printed third layer overlaying the fabric substrate, first layer and second layer in a third pattern (e.g. paragraph 0051, – Layer N (i.e. third layer)).
However, Wang does not explicitly teach that the printed first layer and the printed third layer are non-conductive as well as wherein the third pattern defines apertures in the third layer exposing regions of the second layer forming the electrode arrangement of printed electrodes.
Lay, in a same field of endeavor of wearable stimulation devices, discloses a printed first layer and printed third layer that are non-conductive as well as that the third pattern defines apertures in the third layer exposing regions of the second layer forming the electrode arrangement of printed electrodes (e.g. paragraph 0026, 0078).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Wang to include a printed first layer and printed third layer that are non-conductive as well as that the third pattern defines apertures in the third layer exposing regions of the second layer forming the electrode arrangement of printed electrodes, as taught and suggested by Lay, in order to provide the predictable results of encapsulating the printed conductive layer with insulating material as well as improving safety for a patient wearing the device.
Regarding claim 8, Wang in view of Lay teaches an apparatus according to claim 6 as discussed above, and Lay further teaches in which the second layer comprises a contact trace to each electrode, the contact trace encapsulated between the non-conductive first and third layers or between the fabric substrate and the non-conductive third layer, and in which the third pattern defines at least one aperture in the third layer at the end of the contact trace exposing a region of the second layer forming a contact for the electrode (e.g. paragraphs 0031, 0040).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Wang and Lay to include the second layer comprising a contact trace to each electrode, the contact trace encapsulated between the non-conductive first and third layers or between the fabric substrate and the non-conductive third layer, and in which the third pattern defines at least one aperture in the third layer at the end of the contact trace exposing a region of the second layer forming a contact for the electrode, as taught and suggested by Lay, in order to provide the predictable results of providing an electrically conductive path between respective electrodes more effectively.
Regarding claim 10, Wang in view of Lay teaches an apparatus according to claim 6 as discussed above, and Wang further teaches in which the second layer comprises a first sub-layer of a first conductivity and a second sub-layer of a second conductivity (e.g. paragraph 0051).
Regarding claim 12, Wang in view of Lay teaches an apparatus according to claim 6 as discussed above, and Wang further teaches in which the conductive second layer is formed from at least one of gold, silver, silver chloride, copper, carbon printable paste (e.g. paragraph 0008, – silver).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL TEHRANI whose telephone number is (571)270-0697. The examiner can normally be reached 9:00am-5:00pm.
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/D.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792