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
Applicant’s election without traverse of Group I, claims 2-19 in the reply filed on 2/23/2026 is acknowledged.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 2-3, 6, and 8-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuura et al. (Pub. No.: US 2018/0093121 A1); hereinafter referred to as “Matsuura”.
Regarding claim 2, Matsuura discloses an electrical stimulation training and rehabilitation system (e.g. see [0041]) comprising: a machine-washable textile garment (e.g. see [0030], [0046]), comprising: a plurality of conductive electrodes positioned along the textile garment at various locations so as to facilitate neuromuscular stimulation of various regions of a body of a wearer (e.g. see [0034]-[0037]); and at least one integrated sensor (e.g. see [0024]) adapted to collect biodata indicative of a physiological parameter of the wearer; and a controller (e.g. see figure 1, element 14, [0023]) configured to provide adjustable stimulation signals (e.g. see [0023], [0027]. Note: [0027] discloses “Effectors may also apply an electrical current to the dermal surface, such as to produce an electrical shock or muscular stimulation”) to the plurality of conductive electrodes and to receive the biodata, wherein the controller is configured to generate and/or adjust the stimulation signals (e.g. see [0023]-[0027]) to cause coordinated movement of the wearer for neuromuscular rehabilitation (e.g. see [0041]).
Regarding claim 3, Matsuura discloses the at least one integrated sensor includes at least one of a temperature sensor (e.g. see [0024]), a wetness sensor (e.g. see [0024]), or a cardiac sensor (e.g. see [0024]).
Regarding claims 6 and 16, Matsuura discloses the plurality of conductive electrodes are configured to contact at least body locations corresponding to muscles of the arms ([0069]), chest ([0068]), and back ([0068]) when the garment is worn (e.g. see fig. 2, [0029], [0034], [0037]).
Regarding claim 8, Matsuura discloses the controller is removably connected to a signal pathway with a connector port, the signal pathway connecting the plurality of conductive electrodes and the controller (e.g. see [0059], [0116]-[0118]. Note: [0059] states “a controller 106 may be coupled with sensors 104A-104C via a network of flexible signal conductors 108 (which may be electrically conductive or optical). In one embodiment, sensors 104A-104C may communicate with controller 106 via a wired (e.g., hard wired) interface”).
Regarding claim 9, Matsuura discloses the connector port (e.g. see figure 3 elements 302, 306) comprises: an outer printed circuit (e.g. see figure 3 element 306, [0049], “flexible printed circuitry (FPC)”) on an outside (e.g. see [0044], [0049]) of the garment for connecting to the controller, an inner printed circuit (e.g. see figure 3 element 306, [0049], “flexible printed circuitry (FPC)”) on an inside (e.g. see [0044], [0049]) of the garment connected to the signal pathway, and flexible wires (e.g. see figure 3 element 306, [0045], [0049]) connecting the outer circuit to the inner circuit (Note: Any of the conductive circuit between the electrodes and the controller may be interpreted as a “signal pathway” or “connector”. Also, any of the printed circuitry will read on “wire”).
Regarding claim 10, Matsuura discloses the connector port (e.g. see figure 3 elements 302, 306) comprises a first connector port (e.g. see figure 3 elements 302, 306) on a first side (e.g. see [0044], [0049]) of the garment and a second connector port (e.g. see figure 3 elements 302, 306) on a second side (e.g. see [0044], [0049]) of the garment; and the controller (e.g. see [0116]-[0118]) is removably connectable to both the first connector port and second connector port (Note: Any of the conductive circuit between the electrodes and the controller may be interpreted as a “port” or “connector”).
Regarding claim 11, Matsuura discloses the controller is configured to send the biodata to a user computing device to facilitate monitoring of the physiological parameter (e.g. see figure 1 elements 18 and 20, figure 2 elements 112, 120, 198, 199).
Regarding claim 12, see claims 2 and 3 above.
Regarding claim 13, Matsuura discloses a manager device (e.g. see figure 2 element 112) configured to allow a user to adjust a parameter of the stimulation signals (e.g. see [0061]).
Regarding claim 14, Matsuura discloses the stimulation signals comprise a pre-set pattern configured to cause a coordinated motion of a person wearing the garment (e.g. see [0067], [0076]-[0077]).
Regarding claim 15, Matsuura discloses the coordinated motion is configured for neuromuscular rehabilitation (e.g. see [0041]).
Regarding claim 17, Matsuura discloses the controller is configured to automatically adjust the stimulation signals according to the biodata (e.g. see [0023]-[0027]).
Regarding claim 18, Matsuura discloses at least one of the plurality of conductive electrodes or the sensor is connected to the controller via a signal pathway integrated in the garment (e.g. see figure 1 elements 12, 14, and 16, [0023]).
Regarding claim 19, Matsuura discloses the controller is releasably connected to the garment (e.g. see figure 11 element 550, [0116]. Note: [0116] states “The electronics component chamber 520 may alternatively or additionally be carried in a separate removable, interchangeable electronically enabled module 550 as illustrated in FIG. 11)).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsuura in view of Girouard et al. (Pub. No.: US 2016/0303363 A1); hereinafter referred to as “Girouard”.
Regarding claim 4, Matsuura discloses in [0034] and [0043] that the number of electrodes may vary but is silent as to the plurality of conductive electrodes comprises at least 20 electrodes. Girouard teaches it is known to use such a modification as set forth in [0235]-[0238] to provide more complete coverage of the anatomy being sensed and stimulated. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use at least 20 electrodes as taught by Girouard in the system of Matsuura, since said modification would provide the predictable results of more complete coverage of the anatomy being sensed and stimulated.
Claim(s) 5 and 7, is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsuura in view of Yoo et al. (Pub. No.: US 2019/0001135 A1); hereinafter referred to as “Yoo”.
Regarding claim 5, Matsuura discloses the invention but is silent as to the plurality of conductive electrodes comprise dry electrodes. Yoo teaches that it is known to use such a modification as set forth in [0204] and [0215] to provide electrodes that are well known in the art (e.g. see [0215]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to use dry electrodes as taught by Yoo in the system of Matsuura, since said modification would provide the predictable results of electrodes that are well known in the art.
Regarding claim 7, Matsuura discloses the invention but is silent as to the plurality of conductive electrodes include an anti-microbial agent. Yoo teaches that it is known to use such a modification as set forth in [0215] to deter odor (microfiber nylon, or nylon/lycra blend) and/or maintain cleanliness (e.g. see [0215]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to use an anti-microbial agent as taught by Yoo in the system of Matsuura, since said modification would provide the predictable results of detering odor (microfiber nylon, or nylon/lycra blend) and/or maintaining cleanliness.
Conclusion
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/P.C.E/Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792