Final Rejection - Reissue
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Claim Status
Claims 1-16 have been canceled. New claims 17-45 are pending.
Reissue Declaration
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The instant reissue application is a broadening reissue. However, no error has been identified and instead, the declaration merely states that new claim 28 “is directed to an unclaimed embodiment of a system comprising a wearable device and a receiver device…”
For an application filed on or after September 16, 2012 that seeks to enlarge the scope of the claims of the patent, the reissue oath or declaration must also identify an original patent claim that the application seeks to broaden in the identification of the error that is relied upon to support the reissue application. A general statement, e.g., that all claims are broadened, is not sufficient to satisfy this requirement. In specifically identifying the error as required by 37 CFR 1.175(a), it is sufficient that the reissue oath/declaration identify the claim being broadened and a single word, phrase, or expression in the specification or in an original claim, and how it renders the original patent wholly or partly inoperative or invalid.
Claims 17-45 rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
Response to Amendment and Arguments
The Terminal Disclaimers filed 9 April 2026 have been accepted.
Applicant’s arguments, see pages 17-18 of the Response, filed 9 April 2026, with respect to amended new claim 28 have been fully considered and are persuasive. The rejection of claims 28-30 has been withdrawn.
Allowable Subject Matter
Claims 28-30 would be allowable if the rejection(s) under 35 U.S.C. §251, set forth in this Office action, are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 28 has been amended to require a plurality of RF modules positioned at a plurality of locations and a master RF transceiver. The processor has been amended to now be configured to execute the instructions to perform: capturing received signal strength indication (RSSI) signals from the plurality of RF modules and determining positions of the plurality of locations of interest relative to the master RF transceiver based on the RSSI signals and triangulation. Merrell discloses "a transformation module that converts voltage data generated by the composite polymeric foam in response to deformation events into GRF, acceleration, or pressure data." See Abstract. However, Merrell fails to teach or suggest any components directed to the use of RF modules, a transceiver, or any location tracking. Thus, claims 28-30 are free of the art of record.
As to claim 31, the closest prior art is US 2008/0307889 to Von Lilienfeld-Toal et al. Von Lilienfeld-Toal teaches a device including a sensor having a first layer 34 serving as a flexible support material; a second layer 33 on the first layer, the second layer serving as a sensing material; and a third layer (knitted cotton/wool fabric) on the second layer, the third layer comprising an insulating material (non-conductive regions of cotton/wool), wherein the second layer 33 and the third layer are coupled using a first electrode comprising a first conductive thread 25 and wherein first layer 34 and the second layer 33 are further coupled using a second electrode comprising a second conductive thread 32 and a second non-conductive thread 35. See Figures 6 and 7. Von Lilienfeld-Toal does not teach or suggest a first non-conductive thread couples the second and third layers or that the first conductive thread 25 is embedded in the second layer 33. Furthermore, Von Lilienfeld-Toal fails to teach or suggest the second conductive thread 32 of the second electrode is embedded in the first layer 34 and the second layer 33. Thus, claims 31-38 and 23-27 are free of the art of record.
Claim 39 has been amended to require “each of the first sensor and the third sensor comprise a first sensing mechanism, the second sensor comprises a second sensing mechanism, and the first sensing mechanism being different than the second sensing mechanism.” O’Brien discloses multiple layers of electrodes and dielectrics forming multiple capacitors. While extra layers may be added to improve sensitivity, there is no teaching or suggestion in O’Brien that any layer may be a different sensing mechanism, as each layer is comprised of the same sensing material. Thus, claims 39-45 and 17-22 are free of the art of record.
Related Proceedings
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to
timely apprise the Office of any prior or concurrent proceeding in which Patent No.
10,378,975 is or was involved. These proceedings would include any trial before the
Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental
examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to
timely apprise the Office of any information which is material to patentability of the
claims under consideration in this reissue application. These obligations rest with each
individual associated with the filing and prosecution of this application for reissue. See
also MPEP §§ 1404, 1442.01 and 1442.04.
Communication
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to ELIZABETH L MCKANE whose telephone number is 571-272-1275. The examiner can normally be reached on 6:30am-4:30pm (ET) Mon-Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
supervisor Patricia Engle can be reached on 571-272-6660. The fax phone number for
the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained at
https://patentcenter.uspto.gov/. Should you have questions on access to the Patent
Center system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
free). If you would like assistance from a USPTO Customer Service Representative or
access to the automated information system, call 800-786-9199 (IN USA OR CANADA)
or 571-272-1000.
/ELIZABETH L MCKANE/Specialist, Art Unit 3991
Conferees:
/LEONARDO ANDUJAR/ /Patricia L Engle/ Primary Examiner, Art Unit 3991 SPRS, CRU 3991
