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
The amendment filed 05/01/2026 has been entered. Amendments to claims 1,5-6,8,11,13 and 16, and cancellation of claims 9-10, 12 and 17 are acknowledged. Claims 1-8,11,and 13-16 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every 101 and 112(b) rejection previously set forth in the Non-Final Office Action mailed 02/02/2026.
Claim Rejections - 35 USC § 112
Claims 1-8, 11, and 13-16 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 1 recites the limitation “wherein the power source is a piezoelectric generator for energy harvesting.”. However, applicant’s disclosure does not support this limitation. Para [0027] of applicant’s specification only states the power source is a “battery pack”. Figure 1 of the Drawing further supports only a “battery”.
Claim 11 recites the limitation “a second power source connected to the data processor, the wireless communication device, and the plurality of sensors, wherein the second power source is a battery, a solar cell, or a piezoelectric generator for energy harvesting”. The disclosure does not provide support for a second power source and additionally does not provide support for any power source that is not a battery (Fig 1) or battery pack (para [0027] of applicant’s specification).
Claims 2-8 and 13-16 are rejected due to dependency.
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) 1-4, 6, 8, 11, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US 20190082771 A1) in view of Sanders et al. (US 20100191153 A1).
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), and a power source connected to the plurality of sensors, the wireless communication device, and the microcontroller unit (Fig 1 element 390, [0078]: “a power supply unit 390.” ).
Shin fails to disclose wherein the power source is a piezoelectric generator for energy harvesting.
Sanders discloses a smart insole ([0008]: “thin membrane-like sensors are placed in the insoles of a subject's shoes”) wherein the power source is a piezoelectric generator for energy harvesting ([0028]: “the step of supplying electrical energy to energize the one or more piezoelectric force sensors and other components used for collecting the data by harvesting energy as a result of the activities in which the user engages while wearing the prosthesis. The step of harvesting energy can be implemented by using a force resulting from the user engaging in activity to provide an input to a piezoelectric generator”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to substitute the known power source disclosed by Shin with the known piezoelectric generator disclosed by Sanders for the predictable result of providing power to the insole.
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, or infrared sensor ([0084]: “the sensing unit 340 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 8, Shin further discloses 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 11, Shin further discloses a shoe comprising a smart insole of claim 1 (Fig 2) and 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).
Shin fails to disclose a second power source connected to the data processor, the wireless communication device, and the plurality of sensors, wherein the second power source is a battery, a solar cell, or a piezoelectric generator for energy harvesting.
Sanders discloses a second power source connected to the data processor ([0086]: “a direct current (DC) battery power source with DC-to-DC converters 96.”, [0028]: “The method can also include the step of supplying electrical energy to energize the one or more piezoelectric force sensors”), the wireless communication device, and the plurality of sensors, wherein the second power source is a battery, a solar cell, or a piezoelectric generator for energy harvesting ([0028]: “the step of supplying electrical energy to energize the one or more piezoelectric force sensors and other components used for collecting the data by harvesting energy as a result of the activities in which the user engages while wearing the prosthesis. The step of harvesting energy can be implemented by using a force resulting from the user engaging in activity to provide an input to a piezoelectric generator”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to modify the smart insole disclosed by Shin to include the second power source disclosed by Sander in order to increase the power provided to the system.
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 11 ([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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Sanders in view of Fu et al. (US 20210372866 A1), hereinafter Fu.
Shin as modified by Sanders 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, 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 as modified by Sanders 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 Sanders 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 Sanders 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 order to prevent injury ([0003]).
Regarding claim 16, Shin discloses the method of claim 13 but fails to disclose adjusting the movement of the subject based on a result of the analysis to rehabilitate a musculoskeletal injury in the subject.
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 to rehabilitate a musculoskeletal injury in the subject ([0038]: “useful indication of the progress of injury or disease, or of the efficacy of any remedial measures taken by the user and/or medical professionals…a useful indication of the progress of injury or disease”, [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 subjects with musculoskeletal injuries as disclosed by Sanchez in order expand the use case of the method ([0003])
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Sanders in view of Chowdhury et al. (US 11737507 B1).
Shin as modified by Sanders 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.
Response to Arguments
Applicant’s arguments, see page 7 of Remarks, filed 05/01/2026, with respect to the rejection(s) of claim(s) 1-4, 6, and 8-14 under 35 U.S.C. § 102 have been fully considered. Though the amendments constitute a new matter/written description rejection under 35 U.S.C. § 112(a) (see rejection above), in the interest of compact prosecution the rejection has been withdrawn. Upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. § 103.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (US 20180132783 A1) – disclose a smart insole ([0035]: “footwear (e.g., with sensors in insoles or uppers of shoes, sandals, or other footwear)”) with a metal-oxide gas sensor ([0044]).
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 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
/DEVIN B HENSON/Primary Examiner, Art Unit 3791
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