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 Objections
Claim 15 IS objected to because of the following informalities:
Claim 15 recites “Method for simulating” believed to “A method for simulating”.
“responsive to the trainer input, wirelessly sending an activate signal to a wireless receiver;” believed to “responsive to the trainer input, wirelessly sending an activate signal to a wireless receiver; and”.
Appropriate correction is required.
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.
Claims 1 – 13 and 15 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pearce et al. (US 2012/0064492 A1) in view of Esposito et la. (US 2018/0003579 A1)
Re claims 1, 15:
Pearce teaches 1. A training apparatus (Pearce, Abstract) comprising:
at least one wireless receiver assembly (Pearce, figs. 1 - 2);
at least one controller wirelessly communicating with the wireless receiver assembly manipulable by a trainer to send activation signals to the wireless receiver assembly (Pearce, Abstract, “trainer can operate a remote transmitter”; [0005]); and
a plurality of conductive fabric patches therein, such that at least a portion of the plurality of conductive fabric patches contacts the individual (Pearce, Abstract, “plural electrode leads”; [0006]; [0016]; [0023], “the electrodes 18 are disposable electrodes pads that may otherwise be used for EMS Units and that may be physically instantiated by soft, spunlace cloth electrodes that have conductive solid gel centers and are self-adhering for easy, one-step application”);
wherein the wireless receiver assembly is responsive to the activation signals to cause activation of one or more of the plurality of conductive fabric patches, thereby causing contraction of at least one muscle of the individual (Pearce, [0009], “controller is operable by a trainer to send a wireless signal to the receiver assembly, activating one or more electrodes which contract the trainee's muscles”; [0017] – [0018]).
Pearce teaches 8. A training apparatus (Pearce, Abstract) comprising:
a plurality of conductive fabric patches therein, configured to fit on an individual such that at least a portion of the plurality of conductive fabric patches contacts the individual (Pearce, Abstract, “plural electrode leads”; [0006]; [0016]; [0023], “the electrodes 18 are disposable electrodes pads that may otherwise be used for EMS Units and that may be physically instantiated by soft, spunlace cloth electrodes that have conductive solid gel centers and are self-adhering for easy, one-step application”);
a connector provided; and a plurality of wires connecting the connector with the plurality of conductive fabric patches (Pearce, [0006]; fig. 2).
Pearce teaches 15. Method for simulating a gunshot wound (Pearce, Abstract) comprising:
receiving, at a controller, trainer input of an activate command (Pearce, Abstract, “trainer can operate a remote transmitter”; [0005]);
responsive to the trainer input, wirelessly sending an activate signal to a wireless receiver (Pearce, Abstract, “trainer can operate a remote transmitter”; [0005]);
responsive to receiving the activate signal, causing the receiver to energize at least one conductive fabric patch, the at least one conductive fabric patch contacting a trainee's skin above a muscle to cause the muscle to contract (Pearce, [0009], “controller is operable by a trainer to send a wireless signal to the receiver assembly, activating one or more electrodes which contract the trainee's muscles”; [0017] – [0018]).
Pearce does not explicitly disclose an integrated covering comprising a plurality of raised conductive fabric patches therein, the integrated covering configured to fit on an individual such that at least a portion of the plurality of raised conductive fabric patches contacts the individual; wherein the wireless receiver assembly is responsive to the activation signals to cause activation of one or more of the plurality of raised conductive fabric patches; nor disclose an integrated covering; nor disclose an internal connector.
Esposito et al. (US 2018/0003579 A1) teaches sensing devices including sensors such as flexible and stretchable fabric-based pressure sensors, may be associated with or incorporated in garments, such as socks, intended to be worn against a body surface (Esposito, Abstract). Esposito teaches
(Claim1) an integrated covering comprising a plurality of raised conductive fabric patches therein, the integrated covering configured to fit on an individual such that at least a portion of the plurality of raised conductive fabric patches contacts the individual (Esposito, [0058], “electrically conductive surface layer that is raised relative to the surface of the knit substrate in that area”; [0082], “Exterior surface member 101 comprises an exterior surface 102 that may be smooth or contoured, and may have raised decorative or marketing indicators, system status indicators, or the like”; [0010], “These sensors use pressure sensitive inks with silver leads terminating in pins, with the pressure sensitive area and leads sandwiched between polyester film layers”; [0006], “a substrate material such as a wearable garment”; [0014], “Flexible (and optionally stretchable or elastic) resistive and/or conductive fabric sensor(s), leads and/or traces may be associated with an underlying substrate such as fabric or sheet material that's substantially non-conductive and flexible”); wherein the wireless receiver assembly is responsive to the activation signals to cause activation of one or more of the plurality of raised conductive fabric patches (Esposito, [0027], “using wired and/or wireless data communication means and protocols”).
(Claim 8) an integrated covering (Esposito, figs. 13A – 13B) comprising a plurality of raised conductive fabric patches therein, the integrated covering configured to fit on an individual such that at least a portion of the plurality of raised conductive fabric patches contacts the individual (Esposito, [0058], “electrically conductive surface layer that is raised relative to the surface of the knit substrate in that area”; [0082], “Exterior surface member 101 comprises an exterior surface 102 that may be smooth or contoured, and may have raised decorative or marketing indicators, system status indicators, or the like”; [0010], “These sensors use pressure sensitive inks with silver leads terminating in pins, with the pressure sensitive area and leads sandwiched between polyester film layers”; [0006], “a substrate material such as a wearable garment”; [0014], “Flexible (and optionally stretchable or elastic) resistive and/or conductive fabric sensor(s), leads and/or traces may be associated with an underlying substrate such as fabric or sheet material that's substantially non-conductive and flexible”);
an internal connector provided with the integrated covering (Esposito, fig. 6A; figs. 8A – 8C; [0065], “buttons 25 are exposed on an inner (underlying) surface 31 of mounting band 30”; [0071], “are mountable to the mounting band to facilitate electrical contact between conductive traces or conductive bridge”); and
a plurality of wires positioned within the integrated covering connecting the internal connector with the plurality of raised conductive fabric patches (Esposito, [0051], “Traces T1, T2, T3, T4, TS and T6 provide electrical pathways between sensors (and/or sensor leads) located at sensor locations S1-S6”; [0014], “traces may be associated with an underlying substrate such as fabric or sheet material that's substantially non-conductive and flexible”).
(Claim 15) responsive to receiving the activate signal, causing the receiver to energize at least one raised conductive fabric patch provided within an integrated covering, the at least one raised conductive fabric patch (Esposito, [0058], “electrically conductive surface layer that is raised relative to the surface of the knit substrate in that area”; [0082], “Exterior surface member 101 comprises an exterior surface 102 that may be smooth or contoured, and may have raised decorative or marketing indicators, system status indicators, or the like”; [0010], “These sensors use pressure sensitive inks with silver leads terminating in pins, with the pressure sensitive area and leads sandwiched between polyester film layers”; [0006], “a substrate material such as a wearable garment”; [0014], “Flexible (and optionally stretchable or elastic) resistive and/or conductive fabric sensor(s), leads and/or traces may be associated with an underlying substrate such as fabric or sheet material that's substantially non-conductive and flexible”).
Therefore, in view of Esposito, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method described in Pearce, by providing the raised conductive fabric patch as taught by Esposito, in order to allow a user to feel the location of the conductive members.
Therefore, in view of Esposito, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus and method described in Pearce, by providing integrated covering and internal connectors (Esposito, [0065], “mounting tab”) as taught by Esposito, since Esposito suggests that the signal transfer terminal(s) on the substrate may be matingly received in signal receipt terminals associated with a Dedicated Electronic Device (DED) that is mountable to the substrate or electrically connects to the signal transfer terminal(s) and serves as a (temporary or permanent) data collection device. The DED may also (optionally) house batteries or other energy storage (and/or energy generating devices) and serve as a sensor charging device. The DED may additionally communicate with one or more external electronic device(s), such as a smartphone, personal computing device/display, host computer, or the like for signal transfer, processing, analysis and display to a user and/or others. In some embodiments, the external electronic device, and/or the DED, communicates with an external, hosted computing system (operated, e.g., at a centralized, hosted facility and/or in the "Cloud") that provides additional data analysis, formulates feedback, notifications, alerts, and the like, that may be displayed to the user, a coach, a caretaker, a clinician, or the like, through one or more computing and/or display devices. In alternative embodiments, the DED may itself perform signal processing and analysis (Esposito, [0008]).
Re claim 2:
2. The training apparatus of claim 1, further comprising at least one switch operable to deactivate at least one raised conductive fabric patch responsive to a determination that the controller is deenergized or malfunctioning (Pearce, [0007]; [0008]).
Re claim 3:
3. The training apparatus of claim 1, wherein the wireless receiver assembly communicates with the plurality of raised conductive fabric patches through respective wires connected to respective raised conductive fabric patches, the wires being supported within the integrated covering (Pearce, [0006]; fig. 2).
Re claim 4:
4. The training apparatus of claim 1, further comprising at least one switch actuatable by the individual to deactivate at least one raised conductive fabric patch in the presence of an activation signal from the controller (Pearce, [0008]; [0026]).
Re claim 9:
9. The training apparatus of claim 8, wherein one or more of the plurality of raised conductive fabric patches is activated by activation signals received from a wireless receiver assembly, thereby causing contraction of at least one muscle of the individual (Pearce, [0009], “controller is operable by a trainer to send a wireless signal to the receiver assembly, activating one or more electrodes which contract the trainee's muscles”; [0017] – [0018]).
Re claim 10:
10. The training apparatus of claim 9, wherein the wireless receiver assembly communicates with the plurality of raised conductive fabric patches through the plurality of wires (Pearce, [0006]; fig. 2).
Re claim 16:
16. The method of claim 15, further comprising responsive to receiving an emergency stop signal input by the trainee, deenergizing at least one raised conductive fabric patch in the presence of the activate signal (Pearce, [0007]; [0008]).
Re claim 17:
17. The method of claim 15, further comprising automatically opening an electrical circuit between a source of raised conductive fabric patch energy and one raised conductive fabric patch to deactivate the raised conductive fabric patch responsive to a determination that the controller is deenergized (Pearce, [0007]; [0008]).
Re claim 19:
19. The method of claim 15, wherein the trainer input is received at a controller bearing plural buttons each corresponding to a respective raised conductive fabric patch proximate the trainee (Pearce, fig. 5).
Re claim 20:
20. The method of claim 15, wherein the integrated covering comprises a portion of an arm or leg of the trainee (Pearce, fig. 1).
Re claims 6, 12:
Pearce does not explicitly disclose a barrier. Esposito teaches 6. The training apparatus of claim 3, wherein the wires are located inside the integrated covering and are covered by a barrier between the wires and the individual. 12. The training apparatus of claim 8, wherein all of the plurality of wires are located inside the integrated covering and are covered by a barrier between the plurality of wires and the individual (Esposito, [0051], “Traces T1, T2, T3, T4, TS and T6 provide electrical pathways between sensors (and/or sensor leads) located at sensor locations S1-S6”; [0014], “traces may be associated with an underlying substrate such as fabric or sheet material that's substantially non-conductive and flexible”). Therefore, in view of Esposito, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus described in Pearce, by providing a barrier as taught by Esposito, since it was known in the art to hide the trace (wire) the fabric for ecstatic and convenient by eliminating obstruction of the exposed wires.
Re claims 7, 13:
7. The training apparatus of claim 1, wherein the integrated covering comprises an internal connector connected to all of the plurality of raised conductive fabric patches. 13. The training apparatus of claim 8, wherein the integrated covering comprises an internal connector electrically connected to all of the plurality of raised conductive fabric patches (Pearce, [0029], “Electrode voltage intensity adjustment ports 56 may be provided on some receiver assemblies configured to vary electrode 18 voltage/current”; see claims 1, 8 and 15 above).
Re claims 5, 11, 18:
Pearce does not explicitly disclose a compression wrap. Esposito teaches 5. The training apparatus of claim 1, wherein the integrated covering comprises a compression wrap configured to tighten the integrated covering about the individual. 11. The training apparatus of claim 8, wherein the integrated covering comprises a compression wrap configured to tighten the integrated covering about the individual. 18. The method of claim 15, wherein the integrated covering comprises a compression wrap configured to tighten the integrated covering about the trainee (Esposito, [0017], “in compression socks or other types of compression garments and substrates”). Therefore, in view of Esposito, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus described in Pearce, by providing the compression garment as taught by Esposito, so that multiple conductors can be mounted at predetermine location of the body of the user by wearing a compression clothing.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Pearce and Esposito as applied to claim 8 above, and further in view of Bouton et al. (US 2025/0242150 A1).
Re claim 14:
Pearce does not explicitly disclose 14. The training apparatus of claim 8, further comprising positional markings provided on an outside of the integrated covering. Bouton et al. (US 2025/0242150 A1) teaches devices, systems, and methods for physical therapy (Bouton, Abstract). Bouton teaches 14. The training apparatus of claim 8, further comprising positional markings provided on an outside of the integrated covering (Bouton, [0030]; [0150], “The LEDs on the patch corresponding to the desired spot can emit light, indicating the location of the electrodes that perform the stimulation”; [0151] – [0153]). Therefore, in view of Bouton, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the apparatus described in Pearce, by providing the apparatus as taught by Pearce, since the LEDs on the patch corresponding to the desired spot can emit light, indicating the location of the electrodes that perform the stimulation. The user can also test different positions of the LEDs on the patch and see where the patient responds to the stimulation by navigating the controlling area (Bouton, [0150]).
Conclusion
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/JACK YIP/Primary Examiner, Art Unit 3715