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 .
Response to Amendment
In response to the amendment filed 4/10/2026; claims 1 – 20 are pending.
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 – 4, 6 – 10, 12 – 13, 15 – 17 and 19 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pearce et al. (US 2012/0064492 A1) in view of Dernebo et al. (US 2020/0197689 A1).
Re claims 1, 8, 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. A 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 an individual’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
Claims 1, 8:
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 and the plurality of raised conductive fabric patches is free of exposed wire connections emanating from the plurality of raised conductive fabric patches on an exterior of the integrated covering;
wherein the plurality of raised conductive fabric patches comprise at least one positive raised conductive fabric patch and at least one negative raised conductive fabric patch configured to deliver an electrical muscle stimulation charge to 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, thereby causing contraction of at least one muscle of the individual.
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;
wherein the at least one raised conductive fabric patch comprises at least one positive raised conductive fabric patch and at least one negative raised conductive fabric patch configured to deliver an electrical muscle stimulation charge to the individual;
wherein the at least one raised conductive fabric patch is free of exposed wire connections emanating from the at least one raised conductive fabric patch on an exterior of the integrated covering.
Dernebo et al. (US 2020/0197689 A1) teaches a garment worn by the patient. The garment has a first sub-control unit electrically connected to a first electrode and a second electrode placed at a first muscle or first nerve of the patient (Dernebo, Abstract). Dernebo further teaches Claims 1, 8:
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 and the plurality of raised conductive fabric patches is free of exposed wire connections emanating from the plurality of raised conductive fabric patches on an exterior of the integrated covering (Dernebo, [0024], “The garment is elastic and is intended to be tightly worn by the patient. The garment is ready for use in a user-friendly way for external electrical stimulation therapy of muscles”; [0164]; Abstract, “The garment has a first sub-control unit electrically connected to a first electrode and a second electrode placed at a first muscle”; [0111], “The body suit 100 has a plurality of sub-control units integrated into the fabric that are electrically connected to a plurality of electrodes that are located on an inside of the fabric so that the electrodes are facing and urged towards the skin of the person wearing the body suit 100”);
wherein the plurality of raised conductive fabric patches comprise at least one positive raised conductive fabric patch and at least one negative raised conductive fabric patch configured to deliver an electrical muscle stimulation charge to the individual (Dernebo, fig. 4; [0115], “Each connector has a positive and negative pole on a first side and a corresponding positive and negative pole on the second opposite side of the connector”; figs. 12 - 13; [0164], “conductive metal plating is that it slides better on the skin of the patient wearing the body suit 100”; [0024]; [0163] - [0164]);
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, thereby causing contraction of at least one muscle of the individual (Dernebo, [0114], “to send the data instructions by wireless communication between the master unit and the sub-control units”; [0142], “The stimulation may also be used to … facilitate muscle contraction”; figs. 12 - 13).
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 (Dernebo, [0024], “The garment is elastic and is intended to be tightly worn by the patient. The garment is ready for use in a user-friendly way for external electrical stimulation therapy of muscles”; [0164]; Abstract, “The garment has a first sub-control unit electrically connected to a first electrode and a second electrode placed at a first muscle”; [0111], “The body suit 100 has a plurality of sub-control units integrated into the fabric that are electrically connected to a plurality of electrodes that are located on an inside of the fabric so that the electrodes are facing and urged towards the skin of the person wearing the body suit 100”);
wherein the at least one raised conductive fabric patch comprises at least one positive raised conductive fabric patch and at least one negative raised conductive fabric patch configured to deliver an electrical muscle stimulation charge to the individual (Dernebo, fig. 4; [0115], “Each connector has a positive and negative pole on a first side and a corresponding positive and negative pole on the second opposite side of the connector”; figs. 12 - 13; [0164], “conductive metal plating is that it slides better on the skin of the patient wearing the body suit 100”; [0024]; [0163] - [0164]);
wherein the at least one raised conductive fabric patch is free of exposed wire connections emanating from the at least one raised conductive fabric patch on an exterior of the integrated covering (Dernebo, [0114], “to send the data instructions by wireless communication between the master unit and the sub-control units”; [0142], “The stimulation may also be used to … facilitate muscle contraction … ”; figs. 12 - 13).
Therefore, in view of Dernebo, 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 raise conductive fabric patch with positive and negative electrodes as taught by Dernebo, since Dernebo suggests that the mid-section may be filled with a soft spongy material so that the mid-section protrudes away from the fabric of the body suit so that it is urged against the skin of the patient wearing the body suit to improve the contact between the skin and the electrode (Dernebo, [0164]). The connection unit is an integrated part of the garment and preferably arranged such that the connection elements are accessible to establish electrical connections to the connection pads 18 of said connection board (Dernebo, [0085]).
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. Dernebo 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 (Dernebo, [0024], “The garment is elastic and is intended to be tightly worn by the patient. The garment is ready for use in a user-friendly way for external electrical stimulation therapy of muscles”; [0164]; Abstract, “The garment has a first sub-control unit electrically connected to a first electrode and a second electrode placed at a first muscle”; [0111], “The body suit 100 has a plurality of sub-control units integrated into the fabric that are electrically connected to a plurality of electrodes that are located on an inside of the fabric so that the electrodes are facing and urged towards the skin of the person wearing the body suit 100”). Therefore, in view of Dernebo, 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 Dernebo, since it was known in the art to hide / integrate 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).
Claims 5, 11, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Pearce and Dernebo as applied to claims 1, 8 or 15 above, and further in view of Esposito et la. (US 2018/0003579 A1).
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 Dernebo 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]).
Response to Arguments
Applicant's arguments filed 4/10/2026 have been fully considered but they are not persuasive.
Applicant argues “none of the cited references, alone or in combination, disclose or suggest the claim limitation of a design wherein a plurality of raised conductive fabric patches is free of exposed wire connections emanating from the plurality of raised conductive fabric patches on an exterior of the integrated covering and wherein the plurality of raised conductive fabric patches comprise at least one positive raised conductive fabric patch and at least one negative raised conductive fabric patch configured to deliver an electrical muscle stimulation charge to the individual as now claimed.”
The office submits that the newly cited reference: Dernebo et al. (US 2020/0197689 A1) teaches a garment with integrated a first sub-control unit electrically connected to a first electrode and a second electrode placed at a first muscle or first nerve of the patient (Dernebo, Abstract).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the motivations for providing a garment with integrated protruded electrodes (i.e., positives and negatives terminals) and connections inside the fabric (non-exposed) and wireless data transmission are explicitly taught by Dernebo.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/JACK YIP/Primary Examiner, Art Unit 3715
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