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 5 and 8 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.
Regarding claim 5, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 8 recites the limitation “further comprising one or more sensors disposed on the substrate” and additionally “the plurality of sensors”. It is unclear if the “one or more sensors” differs from the sensors disclosed in claim 1, and if the “plurality of sensors” is referring to the sensors disclosed in claim 8 or claim 1.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 17 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 recites the limitation “the computing device employs a machine learning algorithm”. Applicant’s disclosure does not include a structure for the machine learning algorithm. Specification page 5 line 30 discloses an algorithm is used to determine user movements and muscle performance, but does not disclose a formula, process, or the algorithm itself. Page 2 lines 5 and 16 further restate a machine learning algorithm may be used but does not disclose a structure.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 16 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 16 recites the limitation “wherein the subject has a musculoskeletal injury.”. The claim language is applying a limitation to the subject and is thus incorporating a human within the scope of the claims.
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)(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.
Claim(s) 1-4, 6, and 8-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shin et al. (US 20190082771 A1), hereinafter Shin.
Regarding claim 1, Shin discloses a smart insole (abstract, [0100]: “The smart shoe module 200 may be provided in the shoe sole frame”) comprising: a top layer (Fig 21 element 261, [0018]: “an upper case”), a bottom layer (Fig 21 element 262, [0018]: “a lower case”), and a substrate ([0018]: “circuit board”, consistent with claim 3 wherein the substrate is a circuit board) disposed between the top layer, the bottom layer (Fig 21 element 250), and a plurality of sensors ([0084]: “The sensing unit 340 may include one or more sensors configured to sense one or more of peripheral information and user information”) disposed on the substrate ( [0154]: “The circuit board 250 may also have the controller (380, see FIG. 1) loaded thereon”, Fig 1, wherein the sensing unit 340 is connected to the controller 380), wherein the plurality of sensors comprises a pressure sensor ([0028]: “pressure sensor 346”), a gas sensor ([0084]: “a gas sensor”), a wireless communication device (Fig 1 element 310), and a microcontroller unit connected to the plurality of sensors (Fig 1 element 380 connected to element 340), the wireless communication device (Fig 3 element 380 connected to element 310).
Regarding claim 2, Shin discloses wherein the plurality of sensors further comprises one or more sensor selected from a temperature sensor, a humidity sensor, a physiological sensor, an accelerometer, and a gyroscope ([0084] “a thermometer,”).
Regarding claim 3, Shin further discloses wherein the substrate is a flexible printed circuit board ([0127]: “a circuit board 250”).
Regarding claim 4, Shin further discloses the pressure sensor is made of a piezoresistive, piezoelectric, or capacitive material ([0028]: “a piezo element provided between the upper and the first circuit unit of the circuit board and configured to generate a signal in the first circuit unit according to the elastic motion;”).
Regarding claim 6, Shin further wherein the gas sensor is an electrochemical sensor, a chemiresistor, a metal oxide, an infrared sensor, or an optical sensor ([0084]: “optical sensor”).
Regarding claim 8, Shin further discloses one or more sensors disposed on the substrate, wherein the plurality of sensor further comprises one or more sensors configured to measure heart rate, respiratory rate, blood oxygen saturation, blood pressure, hydration level, position & balance, body strain, neurological functioning, brain activity, cranial pressure, auscultatory information, body fat density, and muscle density ([0084]: “may include one or more of a proximity sensor 341, an illumination sensor 342, a touch sensor, an acceleration sensor 344, a magnetic sensor, a G-sensor, a gyroscope sensor 345 (hereinafter, the gyro sensor), a motion sensor 343, a RGB sensor, an infrared sensor (hereinafter, the IR sensor), a finger scan sensor, an ultrasonic sensor, an optical sensor, a battery gauge, an environment sensor (e.g., a barometer, a hygrometer, a thermometer, a radioactive sensor, a heat sensor, a gas sensor) and a chemical sensor (e.g., an e-nose, a health-care sensor, a biometric sensor)”).
Regarding claim 9, Shin further discloses a power source ([0095]: “the power supply unit 390”).
Regarding claim 10, Shin further discloses wherein the power source is selected from a rechargeable battery, a solar panel, or a piezoelectric generator for energy harvesting ([0095]: “power supply unit 390 may include a battery and the battery may be an embedded or exchangeable type.”).
Regarding claim 11, Shin further disclose a shoe comprising a smart insole of claim 1 (Fig 2).
Regarding claim 12, Shin further discloses a data processor connected to the plurality of sensors ([0018]: “a controller implemented to process the signal generated in the first circuit unit.”), a wireless communication device to the data processor (Fig 1 element 310), and a power source connected to the data processor (Fig 1 element 390), the wireless communication device (Fig 1), and the plurality of sensors (Fig 1).
Regarding claim 13, Shin discloses a method of monitoring a movement of a subject, comprising: causing the subject to wear the smart insole of claim 1 ([0045]: “a smart-shoe wearer who is walking and response to a signal corresponding to the signal generated in response to the shape of the walking wearer;”); sensing a pressure caused by and gas emanated from the subject using the plurality of sensors (Fig 3, [0084]); and sending sensor data wireless to a computing device for analysis ([0079]: “facilitate wireless communication between the smart shoe module 200 and a wireless communication system”).
Regarding claim 14, Shin further discloses sending a result of the analysis from the computing device to a portable device selected from a smartphone, a smartwatch, a tablet, a smart goggle, and a headset ([0079]: “facilitate wireless communication between the smart shoe module 200 and a wireless communication system, between the smart shoe module 200 and another mobile terminal or between the smart shoe module 200 and an external server.”, [0069]: “Examples of the wearable device may include from a smartwatch, a smart glass and a head mounted display (HMD) even to indispensable goods which users have to wear such as clothes and shoes.”).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Fu et al. (US 20210372866 A1), hereinafter Fu.
Shin discloses the smart insole of claim 1, but fails to disclose wherein the pressure sensor is stretchable, contains an elastomer material selected from the group consisting of polydimethylsiloxane, thermoplastic polyurethane, silicone rubber, fluorinated elastomers, butadiene-based elastomers, isoprene-based elastomers, styrene-butadiene rubber, acrylonitrile-butadiene rubber, natural rubber, and synthetic rubbers such as neoprene, nitrile rubber, and ethylene propylene diene monomer (EPDM) rubber.
Fu discloses a smart insole with a stretchable pressure sensor ([0097]: “flexible pressure sensor array described above is applicable … insole for gait analysis”) that contains an elastomer material selected from the group consisting of polydimethylsiloxane, thermoplastic polyurethane, silicone rubber, fluorinated elastomers, butadiene-based elastomers, isoprene-based elastomers, styrene-butadiene rubber, acrylonitrile-butadiene rubber, natural rubber, and synthetic rubbers such as neoprene, nitrile rubber, and ethylene propylene diene monomer (EPDM) rubber ([0020]: “the polymer is thermoplastic polyurethane (TPU), polyurethane (PU), phenoxy resin, polyacid, polyacrylic acid, polyacrylateand N,N′-dimethylol-4,5-dihydroxyethylene urea (DMDHEU) resin, poly(vinyl alcohol) (PVA), or polyethylene glycol (PEG).").
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the pressure sensor disclosed by Shin to the stretchable pressure sensor disclosed by Fu in order to prevent cracking of the sensor when twisted or flexed (Fu [0003-0004]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Liu et al. (US 20190360960 A1), hereinafter Liu.
Shin discloses the smart insole of claim 1, but fails to disclose wherein the gas sensor is configured to detect volatile organic compounds selected from aldehydes, alcohols, ketones, acids, sulfur containing compounds, esters, hydrocarbons and nitrogen containing compounds, propene, acetaldehyde, ethanol, acetonitrile, (E)-2-butene, (Z)-2-butene, 2-propenal, n-propanal, acetone, 2-propanol, dimethyl sulfide, 1-pentene, isoprene, n-Pentane, 1,3-dioxolane, 2-methyl-2-propenal, 2-methyl-propanal, 3-buten-2-one, 2-methyl Furan, n-butanal, 2-butanone, 3-methyl furan, ethyl acetate, 2-Butenal, 2-methyl-1,3-Dioxolane, 2-methyl-2-Pentene, 2,3-dimethyl- 2-butene, (E)-2-methyl-1,3-pentadiene, (Z)-2-methyl-1,3-pentadiene. 3-methyl-butanal, 2-methyl-butanal, isopropyl acetate,2-pentanone, 2,5-dimethyl furan, allyl methyl sulfide, n-pentanal, 3-methyl-2-butenal, 1-heptene, 2-heptene, n-heptane, 2-ethyl-butanal, 4-methyl-3-penten-2-one, isobutyl acetate, 2-hexanone, n-hexanal, gamma-butyrolactone, n-butyl acetate, (E)-2-hexenal, 1-octene, n-octane,2-heptanone, n-heptanal, benzaldehyde, 1-nonene, n-nonane, 6-methyl-5-hepten-2-one, 2-pentyl-furan, b-pinene, n-octanal, p-cymene, DL-limonene, styrene, eucalyptol, n-nonanal, 2-ethylhexanol, 3-methylhexane, butyraldehyde, ethylhenzene, ethyl butanoate, toluene, undecane,H₂O, CO, NO, N₂O, NO₂, ammonia, acetophenone, 4-methylphenol, Dodecane, Dimethylpyrazine,2-Pentanol, 2-butanol, 2-pentene, 2-methylbutyl isobutyrate, 2-methoxy-5-methylthiophene, amyl isovalerate; 2-methylbutyl 2-methylbutyrate, 6-tridecane, 3-methyl-1H-pyrrole, 2-methyl-3-(2- propenyl)-pyrazine, 2,3-dimethyl-5-isopentylpyrazine. methylthiolacetate, methyl thiocyanate, hydrogen cyanide, 2-aminoacetophenone, 1-undecene,formaldehyde, dimethyl ether, carbon dioxide, pentafluoropropionamide, methyl cyclohexane, 2-methylbutanol, n-propyl acetate, butanal, 2,5-dimethyltetrahydrofuran, carbon disulfide, methyl
propanoate, methyl butanoate, 6-methyl-5-hepten-2-one, 2,5-dimethylpyrazine, hydrogen sulfide, propanol, indole, 1,1,2,2-tetrachloroethane, butanol, 2-tridecenone, 3 hydroxy-2-butanone, 1-hydroxy-2-propanone, 3-nitro-benzenesulfonic acid, isobutyric acid, methyl ester, 1,2-dimethyl-benzene, 2-cthyl-1-hexanol, isopentyl 3-methylbutanoate, 2,4-dinitro-benzenesulfonic acid, decanal, 2-methyl-1-propanol, 2-phenylethanol, 1,4-dichlorobenzene, 2-methylbutanoic acid, methyl mercaptan, 2-nonanone, 3-methyl-1- butanol, 3-methylbutanoic acid, dimethyl trisulfide, dimethyl disulfide, and acetic acid.
Liu discloses a gas sensor (abstract) configured to detect volatile organic compounds ([0035]: “or VOCs”) selected from aldehydes, alcohols, ketones, acids, sulfur containing compounds, esters, hydrocarbons and nitrogen containing compounds, propene, acetaldehyde, ethanol, acetonitrile, (E)-2-butene, (Z)-2-butene, 2-propenal, n-propanal, acetone, 2-propanol, dimethyl sulfide, 1-pentene, isoprene, n-Pentane, 1,3-dioxolane, 2-methyl-2-propenal, 2-methyl-propanal, 3-buten-2-one, 2-methyl Furan, n-butanal, 2-butanone, 3-methyl furan, ethyl acetate, 2-Butenal, 2-methyl-1,3-Dioxolane, 2-methyl-2-Pentene, 2,3-dimethyl- 2-butene, (E)-2-methyl-1,3-pentadiene, (Z)-2-methyl-1,3-pentadiene. 3-methyl-butanal, 2-methyl-butanal, isopropyl acetate,2-pentanone, 2,5-dimethyl furan, allyl methyl sulfide, n-pentanal, 3-methyl-2-butenal, 1-heptene, 2-heptene, n-heptane, 2-ethyl-butanal, 4-methyl-3-penten-2-one, isobutyl acetate, 2-hexanone, n-hexanal, gamma-butyrolactone, n-butyl acetate, (E)-2-hexenal, 1-octene, n-octane,2-heptanone, n-heptanal, benzaldehyde, 1-nonene, n-nonane, 6-methyl-5-hepten-2-one, 2-pentyl-furan, b-pinene, n-octanal, p-cymene, DL-limonene, styrene, eucalyptol, n-nonanal, 2-ethylhexanol, 3-methylhexane, butyraldehyde, ethylhenzene, ethyl butanoate, toluene, undecane,H₂O, CO, NO, N₂O, NO₂, ammonia, acetophenone, 4-methylphenol, Dodecane, Dimethylpyrazine,2-Pentanol, 2-butanol, 2-pentene, 2-methylbutyl isobutyrate, 2-methoxy-5-methylthiophene, amyl isovalerate; 2-methylbutyl 2-methylbutyrate, 6-tridecane, 3-methyl-1H-pyrrole, 2-methyl-3-(2- propenyl)-pyrazine, 2,3-dimethyl-5-isopentylpyrazine. methylthiolacetate, methyl thiocyanate, hydrogen cyanide, 2-aminoacetophenone, 1-undecene,formaldehyde, dimethyl ether, carbon dioxide, pentafluoropropionamide, methyl cyclohexane, 2-methylbutanol, n-propyl acetate, butanal, 2,5-dimethyltetrahydrofuran, carbon disulfide, methyl
propanoate, methyl butanoate, 6-methyl-5-hepten-2-one, 2,5-dimethylpyrazine, hydrogen sulfide, propanol, indole, 1,1,2,2-tetrachloroethane, butanol, 2-tridecenone, 3 hydroxy-2-butanone, 1-hydroxy-2-propanone, 3-nitro-benzenesulfonic acid, isobutyric acid, methyl ester, 1,2-dimethyl-benzene, 2-cthyl-1-hexanol, isopentyl 3-methylbutanoate, 2,4-dinitro-benzenesulfonic acid, decanal, 2-methyl-1-propanol, 2-phenylethanol, 1,4-dichlorobenzene, 2-methylbutanoic acid, methyl mercaptan, 2-nonanone, 3-methyl-1- butanol, 3-methylbutanoic acid, dimethyl trisulfide, dimethyl disulfide, and acetic acid ([0035]: “measuring acetone in a gas sample”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the gas sensor disclosed by Shin to the gas sensor configured to detect VOCs disclosed by Liu in order to obtain a more robust data set.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Sanchez et al. (US 20180092572 A1), hereinafter Sanchez.
Regarding claim 15, Shin discloses the method of claim 13 but fails to disclose adjusting the movement of the subject based on a result of the analysis.
Sanchez discloses a smart insole (abstract: “a first inertial sensor positioned in or on a first shoe worn by a user”) including adjusting the movement of the subject based on a result of the analysis ([0057]: “Display 208 may generally facilitate the display of information. For example, some results of the analysis, notifications, suggested movement corrections, etc. may be displayed to the user via display”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the method disclosed by Shin to include adjusting the movement of the subject as disclosed by Sanchez in in order to prevent injury ([0003]).
Regarding claim 16, Shin discloses the method of claim 13 but fails to disclose wherein the subject has a musculoskeletal injury ([0038]: “a useful indication of the progress of injury or disease”).
Sanchez discloses a smart insole (abstract: “a first inertial sensor positioned in or on a first shoe worn by a user”) wherein the subject has a musculoskeletal injury.
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the method disclosed by Shin to include subjects with musculoskeletal injuries as disclosed by Sanchez in in order to expand the user base of the method.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Chowdhury et al. (US 11737507 B1).
Shin discloses the method of claim 13, but fails to disclose wherein the computing device employs a machine learning algorithm to analyze the sensor data.
Chowdhury discloses a smart insole (title) wherein the computing device employs a machine learning algorithm to analyze the sensor data (abstract).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the method disclosed by Shin to include the machine learning algorithm disclosed by Chowdhury in order to improve the efficiency of data analysis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Restrepo et al. (US20250195000A1) – discloses a smart insole
Subramaniam et al. (“Insole-Based Systems for Health Monitoring: Current Solutions and Research Challenges”) – discloses a smart insole
Rice et al. (US 20170340049 A1) – discloses a smart footwear system
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAVYA SHOBANA BALAJI whose telephone number is (703)756-5368. The examiner can normally be reached Monday - Friday 8:30 - 5:30 ET.
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/KAVYA SHOBANA BALAJI/Examiner, Art Unit 3791
/DANIEL L CERIONI/Primary Examiner, Art Unit 3791