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 .
Election/Restrictions
Claim 20 is hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5.14.2026.
Applicants have asserted that the subject matter of groups I and II are sufficiently related that a search for one would encompass as search for the other.
However, applicants offer no specific reason why a search for one would encompass a search for the other, or disputed that the method of claim 20 could be used with a materially different device than that recited in claims 1 and 14. As such the well-made restriction is hereby maintained.
Applicants elect Species A, Figs. 1-3 and 5-8. And identify claims 1-19 as reading on the elected species. Because applicants have identified all of claims 1-19, their arguments are moot regarding the election of species on bottom of page 7 and 8.
As such, the well-made restriction is hereby maintained and made FINAL.
Claim Rejections - 35 USC § 103
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.
Claims 1-4, 7-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Vassallo (U.S. Patent Application Publication No. 2007/0045269) in view of Kaiserman (U.S. Patent Application Publication No. 2008/0083721).
Regarding claim 1.
Vassallo discloses:
A temperature-regulating wetsuit, comprising:
a wetsuit body(Fig. 3 101) comprising a torso portion(103), a left arm(left arm), a right arm(right arm), a left leg(left leg), and a right leg(right leg);
a plurality of heating pouches(115 118) disposed on the wetsuit body(115 118 on 101), the plurality of heating pouches being configured to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body(115 118 in torso portion); and
Vassallo discloses a controller at [0058].
Vassallo does not disclose:
a controller communicatively coupled to the plurality of heating pouches, the controller being configured to individually activate at least one of the plurality of heating pouches to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body, each of the plurality of heating pouches being individually controllable.
In related art, Kaiserman discloses:
a controller (98 [0104])communicatively coupled to the plurality of heating pouches, the controller being configured to individually activate at least one of the plurality of heating pouches to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body, each of the plurality of heating pouches being individually controllable. Kaiserman discloses that the controller may be used to generate heat within a specific heating zone, indicating that the zones may be heated and controlled individually.
Kaiserman discloses that the recited features provide the benefit of allowing the heating to be performed by a desired zone, to provide heat only in a desire zone to add comfort to a user and power savings. As such, it would have been obvious to control the device of Vassallo using the controller of Kaiserman for the benefit of saving energy and providing comfort to a user of a device. Thus, the features of claim 1 would have been obvious to one having ordinary skill in the art.
Regarding claim 2.
Vassallo discloses all of the features of claim 1.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 1, further comprising a temperature sensor disposed on the wetsuit body, the temperature sensor being communicatively coupled to the controller, and the controller activating the at least one of the plurality of heating pouches based at least in part on a reading from the temperature sensor.
Kaiserman discloses:
The temperature-regulating wetsuit of claim 1, further comprising a temperature sensor disposed on the wetsuit body([0092]), the temperature sensor being communicatively coupled to the controller([0092]), and the controller activating the at least one of the plurality of heating pouches based at least in part on a reading from the temperature sensor. ([0092]), ([0130]).
Kaiserman discloses that the recited allow the device to be controlled such that a user may control the temperature of the device allowing the user to have added comfort and power saving to the power supply. As such, it would have been obvious to control the device of Vassallo as taught by Kaiserman.
Regarding claim 3.
Vassallo discloses all of the features of claim 1.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 2, wherein the temperature sensor comprises a torso temperature sensor disposed on the torso portion of the wetsuit body, a wrist temperature sensor disposed on the left arm or the right arm of the wetsuit body, and an ankle temperature sensor disposed on the left leg or the right leg of the wetsuit body, and wherein the controller activates the at least one of the plurality of heating pouches based at least in part on a reading from the torso temperature sensor, the wrist temperature sensor, and the ankle temperature sensor.
In related art Kaiserman discloses a sensors to detect the temperatures of the device, and control the temperature of the device. See [0092] [0130],
Kaiserman discloses one sensor. However, it would have been obvious to provide multiple sensors as a mere duplication of parts. See MPEP 2144.04(VI)(B). Here the duplication of the sensors would not provide a new or unexpected result. The duplication of parts would allow enhanced sensing of the temperatures and increase the comfort of a user. As such, the recited features would have been obvious to one having ordinary skill in the art.
Regarding claim 4.
Vassallo discloses:
the plurality of heating pouches(117 118)
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 3, wherein the plurality of heating pouches comprises first heating pouches disposed on the torso portion of the wetsuit body, second heating pouches disposed on the left arm or the right arm of the wetsuit body, and third heating pouches disposed on the left leg or the right leg of the wetsuit body, and wherein the controller activates at least one of the first heating pouches, the second heating pouches, or the third heating pouches based on the reading from the torso temperature sensor, the wrist temperature sensor, and the ankle temperature sensor.
In related art Kaiserman
The temperature-regulating wetsuit of claim 3, wherein the plurality of heating pouches comprises first heating pouches disposed on the torso portion of the wetsuit body, second heating pouches disposed on the left arm or the right arm of the wetsuit body, and third heating pouches disposed on the left leg or the right leg of the wetsuit body, and wherein the controller activates at least one of the first heating pouches, the second heating pouches, or the third heating pouches based on the reading from the torso temperature sensor, the wrist temperature sensor, and the ankle temperature sensor.(See fig. 1, heating members are disposed all over the user as shown by 40, 44, 42).
Kaiserman discloses that the recited features allow the user to have heat in a desired location. As such, it would have been obvious to provide the heaters as taught by Kaiserman. Thus, the features of claim 4 would have been obvious to one having ordinary skill in the art.
Regarding claim 7.
Vassallo discloses
Vassallo does not disclose: The temperature-regulating wetsuit of claim 1, wherein the controller is communicatively coupled to the plurality of heating pouches via a wired connection.([0058], disclosing that features are connected via wires. )
Regarding claim 8.
Vassallo discloses
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 7, wherein the wired connection is facilitated via conductive thread.
In related art, Kaiserman disclsoes:
The temperature-regulating wetsuit of claim 7, wherein the wired connection is facilitated via conductive thread.(See [0006]) While Kaiserman indicates that the use of conductive thread is labor intensive and expensive, it Kaiserman does not foreclose its possible use. As such, it would have been obvious to use conductive thread to connect the heaters of Vassallo.
Regarding claim 9.
Vassallo discloses all of the features of claim 1.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 1, further comprising a user interface panel configured to selectively attach to and detach from the wetsuit body.
In related art, Kaiserman discloses:
The temperature-regulating wetsuit of claim 1, further comprising a user interface panel configured to selectively attach to and detach from the wetsuit body.(See [0126]).
Kaiserman discloses that the controller may be detachable from garment, which allows the garment to be treated (washed or stored) while the controller may be taken care of separately (charged or stored). Thus, it would have been obvious to provide the garment of Vassallo a controller that is removable, and the features of claim 9 would have been obvious.
Regarding claim 12.
Vassallo discloses all of the features of claim 1.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 11, further comprising a torso temperature sensor disposed on the torso portion of the wetsuit body, a wrist temperature sensor disposed on the left arm or the right arm of the wetsuit body, and an ankle temperature sensor disposed on the left leg or the right leg of the wetsuit body, the torso temperature sensor, the wrist temperature sensor, and the ankle temperature sensor being communicatively coupled to the controller, and the controller executing the artificially intelligent application predicting a change in temperature of a user wearing the temperature-regulating wetsuit based at least in part on a reading from the torso temperature sensor, the wrist temperature sensor, and the ankle temperature sensor, and the controller activating the at least one of the plurality of heating pouches based at least in part on the predicted change in temperature of the user.
However, Kaiserman discloses the use of sensors, at [0092]. It would have been obvious to use the sensors of Kaiserman in the device of Vassallo for the obvious benefit of providing enhanced control of the device of Vassallo. Furthermore, the claimed features are a mere duplication of parts and rearrangement of parts. See MPEP 2144.04. (VI)(B). There are no unexpected results that would be produced. As such, the features would have been obvious to one having ordinary skill in the art.
Claims 10, 11 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Vassallo (U.S. Patent Application Publication No. 2007/0045269) in view of Kaiserman (U.S. Patent Application Publication No. 2008/0083721) in view of Barnett (U.S. Patent Application Publication No. 2018/0062691)
Regarding claim 10.
Vassallo discloses all of the features of claim 1.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 9, wherein the user interface panel comprises a curved or flexible display that selectively attaches to and detaches from the left arm or the right arm of the wetsuit body.
However, Barnett discloses:
the user interface panel comprises a curved or flexible display that selectively attaches to and detaches from the left arm or the right arm of the wetsuit body. (See [0084], and Fgis. 5A-5C and 425). Barnett discloses that the recited features provide a good removable controller which allows a user to remove it. It would have been obvious to control the device of Vassallo using the controller of Barnett. Thus, the features of claim 10 would have been obvious to one having ordinary skill in the art.
Barnett
Regarding claim 11.
Vassallo discloses all of the features of claim 1.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 1, wherein the controller comprises a processor configured to run an artificially intelligent application which, when executed, causes the controller to activate at least one of the plurality of heating pouches to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body.
In related art,
the controller comprises a processor configured to run an artificially intelligent application which, when executed, causes the controller to activate at least one of the plurality of heating pouches to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body.
(See [0045] [0084], and Fgis. 5A-5C and 425). Barnett discloses that the recited features provide a good removable controller which allows a user to remove it. It would have been obvious to control the device of Vassallo using the controller of Barnett. Thus, the features of claim 11 would have been obvious to one having ordinary skill in the art.
Regarding claim 13.
Vassallo discloses all of the features of claim 1.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 12, wherein the controller comprises a transceiver configured to communicate with one or more external devices, wherein the controller is configured to receive ambient condition information comprising one or more of ambient air temperature, ambient water temperature, and wind speed, and wherein the controller executing the artificially intelligent application predicts a change in temperature of the user wearing the temperature-regulating wetsuit based at least in part of the ambient condition information, and the controller activating the at least one of the plurality of heating pouches based at least in part on the predicted change in temperature of the user.
In related art, Bernett discloses
the controller comprises a transceiver configured to communicate with one or more external devices, wherein the controller is configured to receive ambient condition information comprising one or more of ambient air temperature, ambient water temperature, and wind speed, and wherein the controller executing the artificially intelligent application predicts a change in temperature of the user wearing the temperature-regulating wetsuit based at least in part of the ambient condition information, and the controller activating the at least one of the plurality of heating pouches based at least in part on the predicted change in temperature of the user.(See [0056] and [0078]). Bernett appears to discloses a well-known use of a smart watch. It would have been obvious to program the controller as recited and taught by Bernett, and the features of claim 13 would have been obvious to one having ordinary skill in the art.
Regarding claim 14.
Vassallo discloses Fig. 3
An artificially intelligent temperature-regulating wetsuit comprising: a wetsuit body(101) comprising a torso portion(121), a left arm(left arm), a right arm(right arm), a left leg(left leg), and a right leg(right leg);
a plurality of heating pouches(118 117) disposed on the wetsuit body(117 and 118 on 103), the plurality of heating pouches being configured to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body(117 118 for heating the wet suit); and
Vassallo does not disclose:
An artificially intelligent temperature-regulating wetsuit
a controller comprising a processor configured to run an artificially intelligent application which, when executed, causes the controller to predict a change in temperature of at least a portion of an inner environment of the wetsuit body, and to activate at least one of the plurality of heating pouches to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body based on the predicted change in temperature.
In related art, Kaiserman discloses:
a controller (98 [0104])communicatively coupled to the plurality of heating pouches, the controller being configured to individually activate at least one of the plurality of heating pouches to heat one or more of the torso portion, the left arm, the right arm, the left leg and the right leg of the wetsuit body, each of the plurality of heating pouches being individually controllable. Kaiserman discloses that the controller may be used to generate heat within a specific heating zone, indicating that the zones may be heated and controlled individually.
Kaiserman discloses that the recited features provide the benefit of allowing the heating to be performed by a desired zone, to provide heat only in a desire zone to add comfort to a user and power savings. As such, it would have been obvious to control the device of Vassallo using the controller of Kaiserman for the benefit of saving energy and providing comfort to a user of a device.
In related art, Barnett discloses:
An artificially intelligent temperature-regulating wetsuit ([0038])
Barnett dislcsoes that the AI controller provides the benefit of providing enhanced control of the device. as such, it would have been obvious to provide an AI controller to the device of Vassallo to obtain better control of the device. Thus, the features of claim 14 would have been obvious to one having ordinary skill in the art.
Regarding claim 15.
Vassallo discloses all of the features of claim 14. Vassallo does not disclose:
The artificially intelligent temperature-regulating wetsuit of claim 14, wherein the plurality of heating pouches are individually controllable.
In related art, Kaiserman discloses:
The artificially intelligent temperature-regulating wetsuit of claim 14, wherein the plurality of heating pouches are individually controllable.([0104]). Kaiserman discloses that the heaters may be operated independently, which enhances the comfort of the user. It would have been obvious to control the heaters of Vassallo independently as recited in claim 15.
Regarding claim 16.
Vassallo discloses all of the features of claim 14.
Vassallo does not disclose:
The artificially intelligent temperature-regulating wetsuit of claim 14, further comprising a temperature sensor disposed on the wetsuit body the temperature sensor being communicatively coupled to the controller and the predicted change in temperature being based at least in part on a reading of the temperature sensor.
Kaiserman discloses:
The artificially intelligent temperature-regulating wetsuit of claim 14, further comprising a temperature sensor disposed on the wetsuit body([0092]), the temperature sensor being communicatively coupled to the controller([0092]), and the predicted change in temperature being based at least in part on a reading of the temperature sensor. ([0092]), ([0130]).
Kaiserman discloses that the recited allow the device to be controlled such that a user may control the temperature of the device allowing the user to have added comfort and power saving to the power supply. As such, it would have been obvious to control the device of Vassallo as taught by Kaiserman.
Regarding claim 17.
Vassallo discloses all of the features of claim 16.
Vassallo does not disclose:
The artificially intelligent temperature-regulating wetsuit of claim 16, wherein the temperature sensor comprises a torso temperature sensor disposed on the torso portion of the wetsuit body, a wrist temperature sensor disposed on the left arm or the right arm of the wetsuit body, and an ankle temperature sensor disposed on the left leg or the right leg of the wetsuit body, and wherein the predicted change in temperature is based at least in part on a reading from the torso temperature sensor, the wrist temperature sensor, and the ankle temperature sensor.
In related art Kaiserman discloses a sensors to detect the temperatures of the device, and control the temperature of the device. See [0092] [0130],
Kaiserman discloses one sensor. However, it would have been obvious to provide multiple sensors as a mere duplication of parts. See MPEP 2144.04(VI)(B). Here the duplication of the sensors would not provide a new or unexpected result. The duplication of parts would allow enhanced sensing of the temperatures and increase the comfort of a user. As such, the recited features would have been obvious to one having ordinary skill in the art.
Regarding claim 18.
Vassallo discloses:
the plurality of heating pouches(117 118)
Vassallo does not disclose:
The artificially intelligent temperature-regulating wetsuit of claim 17, wherein the plurality of heating pouches comprises first heating pouches disposed on the torso portion of the wetsuit body, second heating pouches disposed on the left arm or the right arm of the wetsuit body, and third heating pouches disposed on the left leg or the right leg of the wetsuit body, and wherein the controller activates at least one of the first heating pouches, the second heating pouches, or the third heating pouches based on the predicted change in temperature.
In related art Kaiserman
the plurality of heating pouches comprises first heating pouches disposed on the torso portion of the wetsuit body, second heating pouches disposed on the left arm or the right arm of the wetsuit body, and third heating pouches disposed on the left leg or the right leg of the wetsuit body, and wherein the controller activates at least one of the first heating pouches, the second heating pouches, or the third heating pouches based on the predicted change in temperature. (See fig. 1, heating members are disposed all over the user as shown by 40, 44, 42).
Kaiserman discloses that the recited features allow the user to have heat in a desired location. As such, it would have been obvious to provide the heaters as taught by Kaiserman.
Barnett teaches the AI and control based on the weather, at [0056]. IT would have been obvious to control the device as taught by Barnett for the benefit of enhancing the comfort of the user.
Thus, the features of claim 18 would have been obvious to one having ordinary skill in the art.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Vassallo (U.S. Patent Application Publication No. 2007/0045269) in view of Kaiserman (U.S. Patent Application Publication No. 2008/0083721) further in view of Tsukada (U.S. Patent Application Publication No. 2020/0273602).
Regarding claim 5.
Vassallo discloses all of the features of claim 4.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 4, wherein the first heating pouches, the second heating pouches, and the third heating pouches are connected together via transport tubes.
In related art, Tsukada discloses:
The temperature-regulating wetsuit of claim 4, wherein the first heating pouches, the second heating pouches, and the third heating pouches are connected together via transport tubes. (See [0065] disclosing tubes 10 housing a conductor 12)
Tsukada discloses that recited features are useful for providing excellent waterproofing and provide good conduction in clothing. Thus, it would have been obvious to modify Vassallo by including the wiring taught by Tsukada for the benefit of providing good contacts in the garment of Vassallo.
Regarding claim 6.
Vassallo discloses all of the features of claim 5.
Vassallo does not disclose:
The temperature-regulating wetsuit of claim 5, wherein the first heating pouches, the second heating pouches, and the third heating pouches comprise a thermal storage medium, and where the thermal storage medium is moveable through the transport tubes.
In related art, Tsukada discloses:
The temperature-regulating wetsuit of claim 5, wherein the first heating pouches, the second heating pouches, and the third heating pouches comprise a thermal storage medium, and where the thermal storage medium is moveable through the transport tubes. (See [0050]-[0051], disclosing that the tubes may be filled with liquid, the liquid inherently stores thermal energy). The liquid may provide enhanced dielectrically properties around the conductor or store thermal energy. It would have been obvious to provide the liquid filled conductors of Tsukada to the device of Vassallo for the obvious benefit of providing better dielectric properties to the conductors especially because they will be submerged in water. See Tsukada [0006]. Thus, the features of claim 6 would have been obvious to one having ordinary skill in the art.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Vassallo (U.S. Patent Application Publication No. 2007/0045269) in view of Kaiserman (U.S. Patent Application Publication No. 2008/0083721) in view of Barnett (U.S. Patent Application Publication No. 2018/0062691) further in view of Tsukada (U.S. Patent Application Publication No. 2020/0273602).
Regarding claim 19.
Vassallo discloses all of the features of claim 18.
Vassallo does not disclose:
The artificially intelligent temperature-regulating wetsuit of claim 18, wherein the first heating pouches, the second heating pouches, and the third heating pouches are connected together via transport tubes.
In related art, Tsukada discloses:
The artificially intelligent temperature-regulating wetsuit of claim 18, wherein the first heating pouches, the second heating pouches, and the third heating pouches are connected together via transport tubes.(See [0065] disclosing tubes 10 housing a conductor 12)
Tsukada discloses that recited features are useful for providing excellent waterproofing and provide good conduction in clothing. Thus, it would have been obvious to modify Vassallo by including the wiring taught by Tsukada for the benefit of providing good contacts in the garment of Vassallo.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G BACHNER whose telephone number is (571)270-3888. The examiner can normally be reached on Monday-Friday, 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached at (571) 270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G BACHNER/ Primary Examiner, Art Unit 2898
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