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 .
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 4, 5, 6, and 9 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.
Claim 4 requires “an acceleration sensor worn around an upper limb of a user” (line 3). It is unclear whether this is the same positively recited “a user” of claim 1, from which it is dependent.
Claim 5 is rejected based on its dependency to claim 4.
Claim 6 requires “an acceleration sensor worn around an upper limb of a user” (line 3). It is unclear whether this is the same positively recited “a user” of claim 1, from which it is dependent.
Claim 9 is rejected based on its dependency to claim 6.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshiro et al. (JP 2017120237).
Regarding claim 1, Yoshiro et al. (hereinafter Yoshiro) teaches footwear comprising a capacitive sensor, wherein: conductive threads are woven into a fabric of the footwear at one or more positions each corresponding to a portion which is in an area in contact with at least one selected from the group consisting of: a toe of a user; a sole of the user (shoe soles [0092]); a heel of the user; and a dorsal surface of a foot of the user (Yoshiro teaches that the braided piezoelectric element may be used in shoes, more specifically the shoe soles [0092]. Shoe soles (the bottom of a shoe) are clearly at positions corresponding to a portion which is in an area in contact with at least a sole of the user or a heel of the user); and the conductive threads serve as the capacitive sensor configured to detect a change in capacitance between the conductive threads adjacent to each other where the change in capacitance is caused by the conductive threads adjacent to each other approaching each other due to deformation caused by pressure to the footwear (expansion and contraction of the fabric [0073]), thereby detecting a change in pressure applied to the one or more positions [0073].
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(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshiro (JP 2017120237) in view of Maezawa (US 2020/0205527).
Regarding claim 2, Yoshiro teaches the footwear according to claim 1, and while it is clear that the shoe sole would be at two or more positions, remains silent as to wherein the conductive threads are woven into the fabric of the footwear at two or more positions each corresponding to a portion which is in an area in contact with at least one selected from the group consisting of: a toe of the user; a sole of the user; a heel of the user; and a dorsal surface of the foot of the user.
Maezawa teaches a body measurement device wherein conductive threads are woven into the fabric of the footwear at two or more positions each corresponding to a portion which is in an area in contact with at least one selected from the group consisting of: a toe of the user; a sole of the user; a heel of the user; and a dorsal surface of the foot of the user (Fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the footwear of Yoshiro with that of Maezawa in order to obtain an accurate measurement of the pressures applied across the foot [0124-0130].
Regarding claim 3, Yoshiro as modified by Maezawa teaches the footwear according to claim 1, further comprising a transmitting section 14 configured to transmit, to an external device, data indicating a change in pressure detected by the capacitive sensor, the transmitting section being detachably attached to the footwear (Yoshiro [0087]).
Response to Arguments
Applicant's arguments filed 6/17/2026 have been fully considered but they are not persuasive.
Applicant argues Yoshiro does neither disclose or suggest that the position or positions where the conductive threads are woven into the fabric of the footwear are “one or more positions each corresponding to a portion which is in an area in contact with at least one selected from the group consisting of: a toe of a user; a sole of the user; a heel of the user; and a dorsal surface of a foot of the user” as specifically recited in amended claim 1.
The examiner disagrees. Yoshiro clearly teaches that the braided piezoelectric element may be used in shoe soles [0092]. Shoe soles are clearly in a position corresponding to a portion which is in an area in contact with at least a sole or heel of a user. The conductive threads, as claimed, do not need to be in direct contact with at least one selected from the group, but only required to be at a position corresponding to a portion that is in an area that contacts at least one selected from the group. Yoshiro clearly teaches this as a shoe sole in an area in contact with at least a part of a user’s foot. The rejection of claim 1 stands.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW V DO whose telephone number is (571)270-3420. The examiner can normally be reached Monday-Friday 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter L Lindsay can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/A.V.D/Examiner, Art Unit 2852
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