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 1/2/2024 was received and placed in the record on file. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
As currently recited, the instant claims do not appear to invoke a 35 USC 112(f) interpretation.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barnett (examiner included WO 2017/198978 A1).
Regarding claims 1-7; Barnet discloses a body temperature-indicating clothing device (figure 1) comprising:
a clothing (garment, element 10; page 6, line 26);
a sensor (temperature sensor, element 22; page 7, line 20-23; figures 1 and 2);
a display (visual display of alert module, element 30, capable of displaying numerical value, element 14; page 7, line 32 – page 8, line 3; figure 1 and 2)
a battery (element 26; page 7, lines 29-30; figure 2).
Further regarding claims 2-3; Barnett discloses the sensor is comprised of a body-temperature sensor (page 7, line 20-23).
Further regarding claim 3; Barnett discloses a body-temperature recorded by the sensor is shown on the display (numerical temperature, element 14, is displayed on sensor array, element 12; page 7, line 1-4; figure 1).
Further regarding claim 4; Barnett discloses the clothing is comprised of a shirt, a pair of pants, a pair of shorts, a hat, a pair of glasses, a bracelet, a sock, a shoe, a jacket, a coat, a sweater, a dress, a skirt, a tie, a scarf, a belt, a watch, a ring, an earring, a glove, a pair of tights, a pair of leggings, a vest, a piece of swimwear, a piece of sleepwear, a piece of underwear, a boot, a sandal, a hoodie, or a cardigan (disclosed embodiment as infant sleepsuit which meets the BRI of a piece of sleepwear, a shirt, and a pair of pants; page 6, lines 27-29; figure 1).
Further regarding claim 5; Barnett discloses the battery (element 26) powers the sensor (battery, element 26, power all of sensor array, element 12, which includes the temperature sensor, element 22; page 7, lines 29-30; figures 1 and 2).
Further regarding claim 6; Barnett discloses the battery powers (element 26) the display (battery, element 26, power all of sensor array, element 12, which includes alert module, element 30; page 7, lines 29-30; figures 1 and 2).
Further regarding claim 7; Barnett discloses the battery (element 26) is rechargeable (page 5, lines 4-9).
Claims 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mathesson (US 2009/0046760 A1).
Regarding claims 9 and 10; Mathesson discloses a body temperature-indicating clothing device comprising:
a clothing (apparel listed in claim 1; paragraphs [0010]-[0013]; claim 1); and
a thermochromic material (thermochromic, color-changing additive(s) and/or dye(s) imbedded into the fabric of the apparel, claim 1), wherein the thermochromic material changes from a first color to a second color based on a first temperature range and a second temperature range of the thermochromic material (wherein it is disclosed that the thermochromic material changes color when outside of a desired temperature range, thus indicating a first color when inside the temperature range and a second color when in the temperature range outside the first temperature range; paragraphs [0010]-[0013]; claim 1).
Further regarding claim 10, Mathesson discloses the body temperature-indicating clothing is comprised of a shirt, a pair of pants, a pair of shorts, a hat, a pair of glasses, a bracelet, a sock, a shoe, a jacket, a coat, a sweater, a dress, a skirt, a tie, a scarf, a belt, a watch, a ring, an earring, a glove, a pair of tights, a pair of leggings, a vest, a piece of swimwear, a piece of sleepwear, a piece of underwear, a boot, a sandal, a hoodie, or a cardigan (claim 1 discloses various apparel which can comprise the thermochromic material).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Barnett as applied to claims 1 and 7 above, and further in view of Reuben (US 2020/0205672).
Barnett is described in the rejection of claims 1 and 7 above and discloses a rechargeable battery; however, it does not explicitly disclose that the battery comprises a charging port.
Reuben teaches a similar body temperature monitoring sensor array which is incorporated into clothing which utilizes a rechargeable battery, wherein the rechargeable battery comprises a charging port for recharging (wherein the examiner notes that charging cable, element 55’, meets the BRI of a charging port; abstract, paragraph [0031]; figure 4).
Regarding claim 8; it would have been obvious to one of ordinary skill in the art at the time of filing obvious to one of ordinary skill in the art at the time of the invention to modify Barnett’s rechargeable battery to include a charging port as taught by Reuben as use of a known technique on a similar device to yield a predictable result (using wired charging instead of inductive charging) and/or simple substitution of one known element for another to yield a predictable result (substituting inductive charging with wired charging as taught by Reuben).
Claims 11, 12 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Amatucci et al (US 2026/0003212) in view of Liu et al (examiner provided CN 107167932 A, provided machine translation relied upon for citations).
Regarding claims 11, 12 and 16-20; Amatucci discloses a body temperature-indicating clothing device (figure 1, wherein the devices indicate temperature by measuring temperature and altering function; paragraph [0139]) comprising:
a pair of glasses (element 10; figure 1);
a sensor (body temperature sensor, element 100; paragraphs [0021] and [0139]; figure 1);
a battery (element 80; paragraphs [0089]-[0100]; figure 1); and
a lens (elements 14; paragraphs [0139]-[0140]; figure 1).
However, Amatucci does not explicitly disclose an indicator light.
Liu teaches a similar body temperature indicating clothing device comprising glasses which further includes an indicator light to display the measured temperature to the user (wherein examiner notes that display screen, element 30, meets the BRI of indicator light as the display screen is an LED or LCD which displays light to indicate temperature; page 5, paragraphs 2-6; figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Amatucci to include an indicator light (i.e. display screen) as taught by Liu on the frame of the glasses in order to display the measured physiological parameter (i.e. body temperature) to the user.
Further regarding claim 12; the Amatucci/Liu combination as described above teaches the sensor as a body temperature sensor (paragraph [0139] of Amatucci).
Further regarding claim 16-18; Amatucci discloses a body temperature recorded by the sensor causes the lens to tint a first color or a second color (wherein the examiner notes that the lenses are configured to change color automatically with the use of one of the physiological sensors, element 100, which includes body temperature; paragraph [0139]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing that the Amatucci/Liu combination would also cause the lens to tint a first color or second color dependent on the physiological sensor reading.
Further regarding claims 17 and 18; Amatucci discloses the first and second colors correlate to a first and second temperature range (wherein the examiner notes that for the colors to “automatically tint” to specific colors based on the physiological reading (i.e. body temperature), that it is must be or it would have been obvious to one of ordinary skill in the art at the time of filing that the color changes would be programmed to change to the color based on temperature rangers associated with each color). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing that the Amatucci/Liu combination would also associated the first color with a first temperature range and the second color with a second temperature range as taught by Amatucci in order to adjust the user’s physiological or psychological state (paragraphs [0017] and [0139] of Amatucci).
Further regarding claim 19; the Amatucci/Liu combination as described in the rejection of claim 11 above discloses a battery and an indicator light (Liu’s LED/LCD display on Amatucci’s frame for displaying measured temperature). It would have been obvious to one of ordinary skill in the art at the time of filing to use the Amatucci’s battery to power the indicator light of the Amatucci/Liu combination as use of a known technique on a known device to yield a predictable result.
Further regarding claim 20; Amatucci discloses the battery powers the sensor (paragraphs [0089]-[0100]).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Amatucci in view of Liu as applied to claims 11 and 12 above, and further in view of Min et al (examiner provided KR20080113780 A; provided machine translation relied upon for citations ).
The Amatucci/Liu combination is described in the rejection of claims 11 and 12 above; specifically, the Amatucci/Liu combination teaches the use of an indicator light (i.e. display screen) to display the detected physiological parameters (i.e. body temperature) to the user.
However, the Amatucci/Liu combination does not explicitly disclose that the body temperature recorded by the sensor causes the indicator light to illuminate a first color or a second color, wherein the first color correlates to a first temperature range and the second color correlates to a second temperature range.
Min teaches a body temperature measuring garment (figure 1) which measures the user’s body temperature with temperature sensors (elements 1021-1023) and displays various colors on a display (element 100) corresponding to the sensed body temperature in order to provide an easily identifiable indicator of current body temperature range (abstract; Tech-Problem: paragraph 1; Tech-Solution: paragraph 1, 7, 11, 12, 15, 16; figure 1).
Regarding claims 13-15; the Amatucci/Liu combination teaches an indicator light (i.e. display screen) in order to display the detected physiologically parameter (i.e. body temperature) to the user. Min teaches having a display show different colors in order to easily identify a body temperature by the correlated temperature range with the color. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the Amatucci/Liu combination to further display a color corresponding to the temperature range as taught by Min in order to easily identify the measured temperature range to the user of the garment.
Further regarding claims 14 and 15; Min teaches the different colors correspond to different measured temperatures; therefore, it would have been obvious to one of ordinary skill in the art at the time of filing that the Amatucci/Liu/Min combination would cause the indicator light to illuminate a first color for a first temperature range and a second color for a second temperature range in order to quickly and easily identify the temperature to the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
WO 2021/080879 A1 to Brown et al; discloses a system which utilizes a measured temperature in order to tint glass to a desired color.
US 2021/0401293 A1 to Zanjani; discloses a wearable temperature indicator.
US 2015/0148681 A1 to Abreu; discloses an apparatus and method for measuring biological parameters.
US 2025/0072766 A1 to Alexander; discloses a wearable device for monitoring body temperature.
US 6,080,690 to Lebby et al; discloses a textile fabric with integrated sensing device and clothing fabricated thereof for measuring body temperature.
CN 106994018 A to Lai et al; discloses a human body physiological signal collecting device based on intelligent clothes.
CN 102754931 A to Cai; discloses a temperature sensing color clothing.
WO 2021/108018 A1 to Muhammad et al; discloses smart eyewear including electrochromic lenses.
US 2013/0263352 A1 to Crockett, JR.; discloses apparel with thermochromic dyes for monitoring and optimizing exercise performance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J EISEMAN whose telephone number is (571)270-3818. The examiner can normally be reached Monday - Friday (7:00 AM - 4:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at 571-272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J EISEMAN/ Primary Examiner, Art Unit 3791