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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the “a flexible, stretchable, conformable first, second, third, fourth, fifth interposer” does not have any support in the specification
Claim Rejections - 35 USC § 112
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.
Claims 1, 17-18, 24, 30-31, 45-46, 58, 62, 66, 70, 81, and 85-91 are 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. In this instant case the claims are rejected because of the limitations “a flexible, stretchable, conformable first, second, third, fourth, fifth interposer” lacks support in the original specification which filed 11-13-2023; therefore such lack of detailed support in the original disclosure constitutes new matter.
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.
Claims 1, 17-18, 24, 30-31, 45-46, 58, 62, 66, 70, 81, and 85-91 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. In this instant case the claims are rejected because of the limitations “a flexible, stretchable, conformable first, second, third, fourth, fifth interposer”. It is not clear how the interposers are set up to connect to any of electrical structure since the specification does not give any explanation how those structures connect to function.
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, 17-18, 24, 30-31, 45-46, 58, 62, 66, and 81 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buitoni et al. (2014/0318699) in view of Fahmy (2018/0196763).
Regarding claim 1, Buitoni teaches a wearable apparatus, the wearable apparatus comprising:
a garment configured to be worn by a wearer and comprising a visible outer face directed away from the wearer and an inconspicuous inner face directed toward the wearer, the garment further comprising multiple fabric pieces including one or more of a collar, a lapel, a hood, at least one pocket, at least one cuff, at least one placket, at least one pouch, at least one lining, at least one hem, at least one seam and at least one double layered area (figs 1A to 1B); and
a distributed electrical circuit inconspicuously integrated within the garment and distributed among the multiple fabric pieces, the distributed electrical circuit (para 0243) comprising: a battery assembly (para 0156); at least one microcontroller assembly (para 0366) with plurality of electrical terminal (para 0345 and 0380); at least one memory assembly (para 0032); at least one sensor assembly (para 0032); at least one control assembly (para 0032); and
a plurality of conductors embedded within the multiple fabric pieces and arranged to interconnect the battery assembly, the at least one microcontroller assembly, the at least one memory assembly, the at least one sensor assembly and the at least one control assembly to form the distributed electrical circuit (para 0347) and
wherein the battery assembly, the at least one microcontroller assembly, the at least one memory assembly, the at least one sensor assembly and the at least one control assembly are distributed throughout the multiple fabric pieces (para 0347).
Buitoni does not teach the at least one microcontroller assembly comprising a plurality of electrical terminals, an integrated circuit, supportive electronic components and a plurality of flexible, stretchable, conformable interposers that comprises-at least one substrate layer, wherein the flexible, stretchable, conformable interposer is configured to receive and retain the integrated circuit, the supportive electronic components and the plurality of electrical terminals.
Fahmy teaches at least one microcontroller assembly comprising a plurality of electrical terminals, an integrated circuit, supportive electronic components and a flexible, stretchable, conformable interposer that comprises-at least one substrate layer, wherein the flexible, stretchable, conformable interposer is configured to receive and retain the integrated circuit, the supportive electronic components and the plurality of electrical terminals (para 0050 to 0058).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the garment of Buitoni by using the microcontroller with electronic components of Fahmy in order to provide a better performance in terms of both signal integrity and radiation emission.
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 17, the modified garment Buitoni-Fahmy discloses the battery assembly comprising: a flexible, stretchable, conformable rechargeable battery with an ionically conductive polymer-based electrolyte between a positive electrode and a negative electrode (Buitoni, para 0074 and 0338);
a positive terminal and a negative terminal in operative communication with the positive electrode and the negative electrode (Buitoni, para 0074, battery must have positive and negative terminals to be operated); and a flexible, stretchable, conformable outer casing enclosing the battery (Buitoni, para 0156).
Regarding claim 18, the modified garment Buitoni-Fahmy discloses the plurality of electrical terminals are configured to connect electrical signals of the distributed electrical circuit with components of the at least one microcontroller assembly; wherein the integrated circuit comprises at least one processor, associated memory and electronic terminals for electronic connections to and from the integrated circuit; and wherein supportive electronic components are configured to condition electronic signals between the integrated circuit and the plurality of electrical terminals (Buitoni, figs 1A-1B, para 0037, 0168, 0198, 0273, 0280, 0288, 0293, and 0307);
wherein the flexible, stretchable, conformable interposer comprises at least one substrate layer (para 0058) configured to receive and retain the integrated circuit, the supportive electronic components and the plurality of electrical terminals, wherein the integrated circuit is disposed in a cavity of the at least one substrate layer with the electronic terminals facing away from the cavity (Fahmy, para 0050 and 0051),
the at least one microcontroller assembly further comprising: a plurality of conductive traces deposited on the at least one substrate layer of the interposer and arranged to interconnect the electronic terminals of the integrated circuit, the supportive electronic components and the plurality of electrical terminals for operation of the at least one microcontroller assembly (Buitoni, para 0037, 0168, 0198, 0273, 0280, 0288, 0293, and 0307).
Regarding claim 24, the modified garment Buitoni-Fahmy discloses the at least one memory assembly comprising: a plurality of electrical terminals configured to connect electrical signals of the distributed electrical circuit with components of the at least one memory assembly; an integrated circuit comprising at least one flash memory array, allow leakage random-access memory buffer and electronic terminals for electronic connections to and from the integrated circuit; supportive electronic components configured to condition electronic signals between the integrated circuit and the plurality of electrical terminals; a flexible, stretchable, conformable interposer comprising at least one substrate layer configured to receive and retain the integrated circuit, the supportive electronic components and the plurality of electrical terminals, wherein the integrated circuit is disposed in a cavity of the at least one substrate layer with the electronic terminals facing away from the cavity; and a plurality of conductive traces deposited on the at least one substrate layer of the interposer and arranged to interconnect the electronic terminals of the integrated circuit, the supportive electronic components and the plurality of electrical terminals for operation of the at least one memory assembly (Buitoni, para 0340 and 0345).
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 30, the modified garment Buitoni-Fahmy discloses the at least one sensor assembly comprising: an ambient sound sensor assembly (Buitoni, para 0356); a location monitoring assembly (Buitoni, para 0032); an ambient light (Buitoni, para 0161) and ambient air temperature sensor assembly (Buitoni, para 0356); a relative humidity sensor assembly (Buitoni, para 0032); an atmospheric pressure sensor assembly (Buitoni, para 0169); agas sensor assembly (Buitoni, para 0322); and a camera assembly (Buitoni, para 0356).
Regarding claim 31, the modified garment Buitoni-Fahmy discloses the ambient sound sensor assembly comprising: a plurality of electrical terminals configured to
connect electrical signals of the distributed electrical circuit with components of the ambient sound sensor assembly; an integrated circuit comprising an analog audio input, at least one analog-to-digital converter, a digital audio output and electronic terminals for electronic connections to and from the integrated circuit; supportive electronic components configured to condition electronic signals between the integrated circuit and the plurality of electrical terminals; a flexible, stretchable, conformable interposer comprising at least one substrate layer configured to receive and retain the integrated circuit, the supportive electronic components and the plurality of electrical terminals, wherein the integrated circuit is disposed in a cavity of the at least one substrate layer with the electronic terminals facing away from the cavity; a plurality of conductive traces deposited on the at least one substrate layer of the interposer and arranged to interconnect the electronic terminals of the integrated circuit, the supportive electronic components and the plurality of electrical terminals for operation of the ambient sound sensor assembly; a microphone configured to convert ambient sound waves into a first audio signal and comprising a termination for distribution of the first audio signal; and an interface conductor configured to connect the termination of the microphone to the analog audio input of the integrated circuit via one or more electrical terminals of the interposer and one or more electronic terminals of the integrated circuit (Buitoni, figs 1A to 1B, para 0037, 0168, 0198, 0273, 0280, 0288, 0293, and 0307).
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 45, the modified garment Buitoni-Fahmy discloses the location monitoring assembly comprising: a first plurality of electrical terminals configured to connect electrical signals of the distributed electrical circuit with first components of the location monitoring assembly; a first integrated circuit comprising a triaxial accelerometer, a triaxial gyroscope and first electronic terminals for first electronic connections to and from the first integrated circuit; first supportive electronic components configured to condition first electronic signals between the first integrated circuit and the first plurality of electrical terminals; a flexible, stretchable, conformable first interposer comprising a first at least one substrate layer configured to receive and retain the first integrated circuit, the first supportive electronic components and the first plurality of electrical terminals, wherein the first integrated circuit is disposed in a first cavity of the first at least one substrate layer with the first electronic terminals facing away from the first cavity; and a first plurality of conductive traces deposited on the first at least one substrate layer of the first interposer and arranged to interconnect the first electronic terminals of the first integrated circuit, the first supportive electronic components and the first plurality of electrical terminals for operation of the location monitoring assembly (Buitoni, figs 1A to 1B, para 0037, 0168, 0198, 0273, 0280, 0288, 0293, and 0307).
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 46, the modified garment Buitoni-Fahmy discloses the location monitoring assembly further comprising: a second plurality of electrical terminals configured to connect electrical signals of the distributed electrical circuit with second components of the location monitoring assembly; a second integrated circuit comprising a triaxial geomagnetic sensor and second electronic terminals for second electronic connections to and from the second integrated circuit; second supportive electronic components configured to condition second electronic signals between the second integrated circuit and the second plurality of electrical terminals; a flexible, stretchable, conformable second interposer comprising a second at least one substrate layer configured to receive and retain the second integrated circuit, the second supportive electronic components and the second plurality of electrical terminals, wherein the second integrated circuit is disposed in a second cavity of the second at least one substrate layer with the second electronic terminals facing away from the second cavity; a second plurality of conductive traces deposited on the second at least one substrate layer of the second interposer and arranged to interconnect the second electronic terminals of the second integrated circuit, the second supportive electronic components and the second plurality of electrical terminals for operation of the location monitoring assembly; and at least one interface conductor configured to connect at least a portion of the second plurality of electrical terminals associated with the second interposer to at least a portion of the first plurality the electrical terminals associated with the first interposer to connect one or more geomagnetic output signal of the second integrated circuit to one or more auxiliary input signal of the first integrated circuit (Buitoni, figs 1A to 1B, para 0037, 0168, 0198, 0273, 0280, 0288, 0293, and 0307).
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 58, the modified garment Buitoni-Fahmy discloses the ambient light and ambient air temperature sensor assembly comprising: a plurality of electrical terminals configured to connect electrical signals of the distributed electrical circuit with components of the ambient light and ambient air temperature sensor assembly; an ambient light sensor configured to convert local light exposure to alight measurement signal; an ambient air temperature sensor configured to convert local temperature exposure to a temperature measurement signal; supportive electronic components configured to condition the light and temperature measurement signals between the ambient light and ambient air temperature sensors and the plurality of electrical
terminals; a flexible, stretchable, conformable interposer comprising at least one substrate layer configured to receive and retain the ambient light sensor, the ambient air temperature sensor and the supportive electronic components and the plurality of electrical terminals; and a plurality of conductive traces deposited on the at least one substrate layer of the interposer and arranged to interconnect the ambient light sensor, the ambient air temperature sensor, the supportive electronic components and the plurality of electrical terminals for operation of the ambient light and ambient air temperature sensor assembly (Buitoni, figs 1A to 1B, para 0037, 0168, 0198, 0273, 0280, 0288, 0293, and 0307).
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 62, the modified garment Buitoni-Fahmy discloses the at least one control assembly comprising: a plurality of electrical terminals configured to connect electrical signals of the distributed electrical circuit with components of the at least one control assembly; at least one switch mechanism configured to enable and control the distributed electrical circuit; at least one indicator mechanism configured to indicate at least one status condition of the distributed electrical circuit; supportive electronic components configured to condition control signals between the at least one switch mechanism, the at least one indicator mechanism and the plurality of electrical terminals; a flexible, stretchable, conformable interposer comprising at least one substrate layer configured to receive and retain the at least one switch mechanism, the at least one indicator mechanism, the supportive electronic components and the plurality of electrical terminals; and a plurality of conductive traces deposited on the at least one substrate layer of the interposer and arranged to interconnect the at least one switch mechanism, the at least one indicator mechanism, the supportive electronic components and the plurality of electrical terminals for operation of the at least one control assembly (Buitoni, figs 1A to 1B, para 0037, 0168, 0198, 0273, 0280, 0288, 0293, and 0307).
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 66, the modified garment Buitoni-Fahmy discloses the distributed electrical circuit further comprising: an open face magnetic connector interface in operative communication with the at least one microcontroller assembly, wherein the at least one microcontroller assembly and the open face magnetic connector interface are configured for data communication with an external device having a compatible open face magnetic connector (Buitoni, para 0239).
Regarding claim 81, Buitoni teaches a method of manufacturing a wearable apparatus, the method comprising: obtaining fabric pieces used to form a garment configured to be worn by a wearer and comprising a visible outer face directed away from the wearer and an inconspicuous inner face directed toward the wearer (figs 1A to 1B); one hem, at least one seam and at least one double layered area of garment formed by the fabric pieces (figs 1A to 1B).
Buitoni does not teach the at least one microcontroller assembly comprises a plurality of electrical terminals, an integrated circuit, supportive electronic components and a plurality of flexible, stretchable, conformable interposers; receiving and retaining the integrated circuit, the supportive electronic components and the plurality of electrical terminals in the flexible, stretchable, conformable interposer.
Fahmy teaches at least one microcontroller assembly comprises a plurality of electrical terminals, an integrated circuit, supportive electronic components and a flexible, stretchable, conformable interposer; receiving and retaining the integrated circuit, the supportive electronic components and the plurality of electrical terminals in the flexible, stretchable, conformable interposer (para 0050 to 0058).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the garment of Buitoni by using the microcontroller with electronic components of Fahmy in order to provide a better performance in terms of both signal integrity and radiation emission.
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Claim(s) 70 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buitoni et al. (2014/0318699), in view of Fahmy (2018/0196763) and Walrich et al. (2013/0305426).
Regarding claim 70, Buitoni teaches a wearable apparatus, the wearable apparatus (figs 1-14) comprising: a shirt configured to be worn by a wearer and comprising multiple fabric pieces, the multiple fabric pieces comprising a visible outer obtaining a battery assembly (para 0156), at least one microcontroller assembly (para 0366), at least one memory assembly (para 0032), at least one sensor assembly (para 0032), at least one control assembly used in a distributed electrical circuit (para 0032 and 0347); and
selecting locations among the fabric pieces of the garment to inconspicuously integrate the battery assembly, the at least one microcontroller assembly, the at least one memory assembly, the at least one sensor assembly and the at least one control assembly from candidate locations among a collar, a lapel, a hood, at least one pocket, at least one cuff, at least one placket, at least one pouch, at least one lining, at least
face directed away from the wearer and an inconspicuous inner face directed toward the wearer, the shirt further comprising a pointed collar, a patch pocket, sleeve cuffs, a pouch, a bottom hem (figs 1A - 1B); and
a distributed electrical circuit inconspicuously integrated within the shirt and distributed among the multiple fabric pieces, the distributed electrical circuit (para 0243) comprising: a battery assembly (para 0156); at least one microcontroller assembly (para 0366); at least one memory assembly (para 0032); at least one sensor assembly (para 0032); at least one control assembly (para 0032); and
a plurality of conductors arranged to interconnect the battery assembly, the at least one microcontroller assembly, the at least one memory assembly, the at least one sensor assembly and the at least one control assembly to form the distributed electrical circuit (para 0347).
Buitoni does not teach at least one microcontroller assembly comprising a plurality of electrical terminals, an integrated circuit, supportive electronic components and a flexible, stretchable, conformable interposer that comprises-at least one substrate layer, wherein the flexible, stretchable, conformable interposer is configured to receive and retain the integrated circuit, the supportive electronic components and the plurality of electrical terminals and the shirt comprising a button placket, top seams, side seams and armhole seams.
Fahmy teaches at least one microcontroller assembly comprising a plurality of electrical terminals, an integrated circuit, supportive electronic components and a flexible, stretchable, conformable interposer that comprises-at least one substrate layer, wherein the flexible, stretchable, conformable interposer is configured to receive and
retain the integrated circuit, the supportive electronic components and the plurality of electrical terminals (para 0050 to 0058).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the garment of Buitoni by using the flexible, stretchable, conformable interposer of Fahmy in order to provide a better performance in terms of both signal integrity and radiation emission.
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Walrich teaches a garment having a button placket, top seams, side seams and armhole seams (figs 3B to 3D, claims 1-25). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the garment of Buitoni by using the placket and seams, as taught by Walrich, as the seams and placket structures are well-known in the art to make a garment.
Claim(s) 85-86 and 88 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buitoni et al. (2014/0318699), and Fahmy (2018/0196763) as applied to claims 18, 24, and 62 above, and further in view of Horchler et al. (2017/0294737).
Regarding claims 85-86 and 88, the modified garment Buitoni-Fahmy teaches all limitations of the claims and Horcheler teaches an upper substrate layer configured to fuse with the at least one substrate layer to form a flexible, stretchable, conformable outer casing enclosing the integrated circuit, the supportive electronic components and the plurality of conductive traces within the interposer with the plurality of electrical terminals accessible for connection of the at least one microcontroller assembly to the distributed electrical circuit, wherein the at least one microcontroller assembly further comprises a plurality of apertures through the at least one substrate layer and the upper substrate layer, the plurality of apertures configured to improve breathability of the at least one microcontroller assembly, configured to vent heat generated by the wearer of the garment and configured to wick moisture wherein the plurality of apertures are distributed throughout the at least one microcontroller assembly (figs 1-8, para 0058).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the system of Buitoni by using the layers and apertures of Horhchler in order to protect and enhance cooling for the microcontroller.
While the modified garment Buitoni-Fahmy does not explicitly teach about the plurality of flexible, stretchable, conformable interposers. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to add more of the interposer for each of the electrical components in order to provide a better performance. Thus the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. VI. B. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Claim(s) 87 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buitoni et al. (2014/0318699) and Fahmy (2018/0196763) as applied to claim 31 above, and further in view of Kim (2008/0225376).
Regarding claim 87, the modified garment Buitoni-Fahmy teaches all claim limitations and Kim teaches the microphone comprising a flexible acoustic fiber comprising a piezoelectric conductor and a flexible plastic coating (para 0009 to 0010).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the garment of Buitoni by using the acoustic fiber of Kim in order to provide a good immunity to electromagnetic interference.
Claim(s) 89-90 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buitoni et al. (2014/0318699) and Fahmy (2018/0196763) as applied to claim 1 above, and further in view of Dayton et al. (2008/0104780).
Regarding claims 89-90, the modified garment Buitoni-Fahmy teaches all limitations of the claims and Dayton teaches the distributed electrical circuit further comprising: an open face magnetic connector interface in operative communication with the battery assembly and configured to receive electrical power to recharge the battery assembly from an external device having a compatible open face magnetic connector, and further comprising: an electromagnetic interference (EMI) coating configured to shield the distributed electrical circuit from EMI and configured to reduce EMI emissions from the distributed electrical circuit (para 0009 to 0012).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the system of Buitoni by using the battery system of Dayton in order to charge the battery faster and easier.
Claim(s) 91 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buitoni et al. (2014/0318699) and Fahmy (2018/0196763) as applied to claim 45 above, and further in view of Trentacosta (2009/0314696).
Regarding claim 91, the modified garment Buitoni-Fahmy teaches all claim limitations and Buitoni further teaches an upper substrate layer configured to fuse with the first at least one substrate layer to form a flexible, stretchable, conformable outer casing enclosing the first integrated circuit, the first supportive electronic components and the first plurality of conductive traces within the first interposer with the first plurality of electrical terminals accessible for connection of the location monitoring assembly to the distributed electrical circuit (para 0058, 0059).
Trentacosta teaches substrate layers which is capable of a location monitoring assembly comprising a plurality of apertures through the first at least one substrate layer and the upper substrate layer, the plurality of apertures configured to improve breathability of the location monitoring assembly, configured to vent heat generated by the wearer of the garment and configured to wick moisture generated by the wearer of the garment, wherein the plurality of apertures are distributed throughout the location monitoring assembly (figs 1A to 14C, para 0109).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify the substrate layers of Buitoni by adding a plurality of apertures, as taught by Trentacosta, in order to provide a light weight and offer the same high level of protection over a long period of time.
Response to Arguments
Applicant's arguments, date 11-14-2025, with respect to the rejections of claims under 35 U.S.C §103 have been fully considered, but they are not persuasive because applicant argues that the prior art does not teach the amended limitations. However, this argument is not commensurate with the rejected claims, as the limitations have not been previously presented and they have been address as analyzed above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-4pm.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/ Primary Examiner, Art Unit 3732
Prosecution Insights