DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claims 1-9 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Clement et al. (U.S. 2009/0315720 A1).
Claim 1, Clement teaches:
A wetness monitoring system (Clement, Paragraphs [0046-0048]) comprising:
a smart diaper (Clement, Paragraphs [0061] and [0074], A diaper/undergarment with the fluid activated RFID tag is functionally equivalent to a smart diaper.) comprising:
a sensorial battery comprising at least two electrodes (Clement, Fig. 1, Paragraphs [0063-0065] and [0075], As seen in Fig. 1, the urine-activated paper battery includes at least one electrode (+) and one electrode (-).); and
a transmitter, wherein the sensorial battery is configured to provide electric current to the transmitter (Clement, Paragraphs [0069-0070] and [0075-0078], Urine activated RFID tags have an RFID circuitry comprising a dipole antenna.) in the presence of water or urine (Clement, Paragraphs [0063-0064] and [0075-0078]), and wherein the transmitter is configured to emit a signal comprising a unique identifier when the electric current is received from the sensorial battery (Clement, Paragraphs [0046-0048] and [0075-0078], The alarm signal emitted by the RFID tag includes at least the RFID tag identifier (ID).); and
a computing device (Clement, Paragraphs [0050-0051], The combination of a Control Center and RFID readers is interpreted as being functionally equivalent to a “computing device”.) comprising:
a receiver (Clement, Paragraphs [0049-0051], The RFID readers receive messages from several tags and are wirelessly connected to a remote central site, i.e. a Control Center.);
a user interface (Clement, Paragraphs [0050-0051] and [0075-0076], A monitoring dashboard is a user interface.);
one or more processors (Clement, Paragraphs [0050-0051], The Control Center is equipped with processing means.); and
a computer program (Clement, Paragraph [0024]) and the computing device receiving, via the receiver, the signal emitted by the transmitter (Clement, Paragraphs [0046-0051], The RFID readers receives the signal from the tags and then the Control Center receives the signal from the RFID readers.), and providing, via the user interface, an indication that the smart diaper is wet (Clement, Paragraphs [0075-0076], A wet diaper activates the RFID tag and the Control Center activates the monitoring dashboard to inform the medical staff to take appropriate actions.).
Clement does not explicitly teach:
A computer-readable storage device coupled to the one or more processors and having instructions stored thereon which, when executed by the one or more processors, cause the one or more processors to perform operations.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing for the computer program in Clement to be stored on a computer-readable storage device to enable the processors of the Control Center to perform operations (see Clement, Paragraph [0050]). Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 2, Clement further teaches:
The wetness monitoring system of claim 1, wherein the sensorial battery is embedded on an interior surface of the smart diaper (Clement, Paragraphs [0074-0076], The RFID tag having a urine-activated battery is inserted into the undergarment/diaper of babies, aged person, or patients. It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the placement of the RFID tag to be within an interior surface of the diaper, as a matter of engineering choice. Such a modification would ensure that the paper battery of the RFID tag operates according to its intended function, i.e. to ensure that the battery can be exposed to urine and become an active RFID tag. See MPEP 2144.04.).
Claim 3, Clement further teaches:
The wetness monitoring system of claim 1, wherein the smart diaper comprises an absorption layer, and wherein the sensorial battery is embedded within between 2 and 20 millimeters of the absorption layer of the diaper (Clement, Paragraphs [0074-0076], A diaper has at least one absorption layer. It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the placement of the RFID tag to be within an interior surface of the diaper, i.e. within the range of 2 to 20 millimeters, as a matter of engineering choice. Such a modification would ensure that the paper battery of the RFID tag operates according to its intended function, i.e. to ensure that the battery can be exposed to urine and become an active RFID tag. See MPEP 2144.04.).
Claim 4, Clement further teaches:
The wetness monitoring system of claim 1, wherein the sensorial battery comprises an electrochemical cell (Clement, Paragraphs [0063-0064], The paper battery generates electric power when wet. The paper battery is thus functionally equivalent to an electrochemical cell, which is consistent with the Applicant’s specification (see Applicant’s specification, Paragraph [0031]).).
Claim 5, Clement further teaches:
The wetness monitoring system of claim 4, wherein the sensorial batter, when wet, derives electrical energy from spontaneous redox reactions taking place within the electrochemical cell (Clement, Paragraphs [0063-0064], The chemical reaction within the paper batteries when exposed to urine is functionally equivalent to a redox reaction, i.e. oxidation and reduction.).
Claim 6, Clement further teaches:
The wetness monitoring system of claim 1, wherein the at least two electrodes comprise a positive and a negative electrode (Clement, Fig. 1, Paragraphs [0063-0065] and [0075], The battery includes at least one anode formed by a magnesium layer and at least one cathode formed by a copper layer (see Clement, Fig. 2).), wherein the sensorial battery comprises a separator that mechanically isolates the positive and negative electrodes, and wherein the separator comprises dried filter paper that has absorbed a metallic salt solution (Clement, Paragraphs [0063-0065], Prior to being exposed to the urine, the paper layer is dry and maintains a separation of the magnesium and copper layers (see Clement, Fig. 2), and absorbs copper chloride, which is a metallic salt solution (see Applicant’s specification, Paragraph [0040]).).
Claim 7, Clement further teaches:
The wetness monitoring system of claim 6,wherein the separator is configured to release the dried metallic salt solution in the presence of water or urine as an ionized liquid to electrically connect the at least two electrodes generating the electric current via a potential difference and charge flow (Clement, Paragraphs [0063-0065], In response to the presence of urine, the chemicals of the paper, e.g. the copper chloride, dissolve and react to produce electricity (see Clement, Fig. 2). Alternatively, Japanese patent JP4138155 discloses a Urinary Incontinence Detector that produces an electromotive voltage by a potential difference caused by urine (see Clement, Paragraph [0018]).).
Claim 8, Clement further teaches:
The wetness monitoring system of claim 1, wherein at least one of the electrodes comprises copper, and wherein at least one of the electrodes comprise zinc (Clement, Fig. 1, Paragraphs [0063-0065] and [0075], The battery includes at least one anode formed by a magnesium layer and at least one cathode formed by a copper layer (see Clement, Fig. 2). It would have been obvious to one of ordinary skill in the art, at the time of filing, to substitute the magnesium layer with zinc, because the use of zinc as a cathode or anode would provide one of ordinary skill in the art with a reasonable expectation of success (see Clement, Paragraph [0015]).).
Claim 9, Clement further teaches:
The wetness monitoring system of claim 1, wherein the signal is emitted as a wireless beacon by the transmitter (Clement, Paragraphs [0046-0048] and [0075-0078], The alarm signal emitted by the RFID tag includes at least the RFID tag identifier (ID). The signals transmitted by the RFID tags are functionally equivalent to beacon signals.).
Claim 11, Clement further teaches:
The wetness monitoring system of claim 1,wherein the operations comprise:
determining, based on the unique identifier, a user associated with the smart diaper (Clement, Paragraphs [0068-0074], The system utilizes the identifier from the RFID tags to identify the patient and the location of the patient.), and
providing, via the user interface, an indication that user requires a new smart diaper (Clement, Paragraphs [0075-0076], A wet diaper activates the RFID tag and the Control Center activates the monitoring dashboard to inform the medical staff to take appropriate actions. The appropriate actions include the need to replace the wet diaper (see Clement, Paragraph [0009]).).
Claim 12, Clement further teaches:
The wetness monitoring system of claim 11, wherein the operations comprise:
before determining the user, receiving information associating the smart diaper to the user via the unique identifier (Clement, Paragraphs [0031], [0046], and [0074], The RFID tag ID is first associated with the person and the person’s location.); and
persisting the association between the smart diaper and the user (Clement, Paragraphs [0051-0052] and [0074], The tag ID and the person are associated in a table (see Clement, Fig. 4). The association is used to locate the person when the RFID tag is subsequently activated via exposure to urine (see Clement, Paragraphs [0075-0076]).).
Claim 13, Clement teaches:
A smart diaper (Clement, Paragraphs [0061] and [0074], A diaper/undergarment with the fluid activated RFID tag is functionally equivalent to a smart diaper.) comprising:
a smart tag embedded in a diaper (Clement, Paragraphs [0074-0076], The RFID tag having a urine-activated battery is inserted into the undergarment/diaper of babies, aged person, or patients.), the smart tag comprising:
a transmitter (Clement, Paragraphs [0069-0070] and [0075-0078], Urine activated RFID tags have an RFID circuitry comprising a dipole antenna.); and
a sensorial battery comprising at least one anode, at least one cathode (Clement, Fig. 1, Paragraphs [0063-0065] and [0075], The battery includes at least one anode formed by a magnesium layer and at least one cathode formed by a copper layer (see Clement, Fig. 2).), and a separator comprising dried filter paper that has absorbed a metallic salt solution, the separator mechanically isolating the at least one anode from the at least one cathode (Clement, Paragraphs [0063-0065], Prior to being exposed to the urine, the paper layer is dry and maintains a separation of the magnesium and copper layers (see Clement, Fig. 2), and absorbs copper chloride, which is a metallic salt solution (see Applicant’s specification, Paragraph [0040]).), wherein the separator is configured to release the dried metallic salt solution in the presence of water or urine as an ionized liquid to electrically connect the at least one anode and the at least one cathode generating electric current (Clement, Paragraphs [0063-0065], In response to the presence of urine, the chemicals of the paper, e.g. the copper chloride, dissolve and react to produce electricity (see Clement, Fig. 2).), wherein the sensorial battery is configured to provide the electric current to the transmitter (Clement, Paragraphs [0069-0070] and [0075-0078], Urine activated RFID tags have an RFID circuitry comprising a dipole antenna.), and wherein the transmitter is configured to emit a signal comprising a unique identifier when the electric current is received (Clement, Paragraphs [0046-0048] and [0075-0078], The alarm signal emitted by the RFID tag includes at least the RFID tag identifier (ID).).
Clement does not specifically teach:
A smart tag embedded in an interior surface of a diaper.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the placement of the RFID tag to be within an interior surface of the diaper, as a matter of engineering choice. Such a modification would ensure that the paper battery of the RFID tag operates according to its intended function, i.e. to ensure that the battery can be exposed to urine and become an active RFID tag. See MPEP 2144.04.
Claim 14, Clement further teaches:
The smart diaper of claim 13, where in the smart diaper comprises an absorption layer, and wherein the sensorial battery is embedded within between 2 and 20 millimeters of the absorption layer of the diaper (Clement, Paragraphs [0074-0076], A diaper has at least one absorption layer. It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the placement of the RFID tag to be within an interior surface of the diaper, i.e. within the range of 2 to 20 millimeters, as a matter of engineering choice. Such a modification would ensure that the paper battery of the RFID tag operates according to its intended function, i.e. to ensure that the battery can be exposed to urine and become an active RFID tag. See MPEP 2144.04.).
Claim 15, Clement further teaches:
The smart diaper of claim 13,wherein the at least one cathode comprises copper, and wherein the at least one anode comprises zinc (Clement, Fig. 1, Paragraphs [0063-0065] and [0075], The battery includes at least one anode formed by a magnesium layer and at least one cathode formed by a copper layer (see Clement, Fig. 2). It would have been obvious to one of ordinary skill in the art, at the time of filing, to substitute the magnesium layer with zinc, because the use of zinc as a cathode or anode would provide one of ordinary skill in the art with a reasonable expectation of success (see Clement, Paragraph [0015]).).
Claim 16, Clement further teaches:
The smart diaper of claim 13, wherein the sensorial battery comprises an alkaline battery, an aluminum-air battery, a Bunsen cell, a chromic acid cell, a Clark cell, a Daniell cell, a Galvanic cell, a Grove cell, a Leclanche cell, a magnesium battery, a mercury battery, a nickel oxyhydroxide battery, a paper battery, a silver-oxide battery, a Voltaic pile, a zinc-air battery, a zinc-carbon battery, or a zinc chloride battery (Clement, Fig. 1, Paragraphs [0063-0065] and [0075], The battery is a paper battery.).
Claim 17, Clement further teaches:
The smart diaper of claim13, wherein the signal is emitted as a wireless beacon by the transmitter (Clement, Paragraphs [0046-0048] and [0075-0078], The alarm signal emitted by the RFID tag includes at least the RFID tag identifier (ID). The signals transmitted by the RFID tags are functionally equivalent to beacon signals.).
Claim 18, Clement teaches:
A method for monitoring the wetness (Clement, Paragraphs [0046-0048])of a smart diaper (Clement, Paragraphs [0061] and [0074], A diaper/undergarment with the fluid activated RFID tag is functionally equivalent to a smart diaper.), the method being executed by one or more processors (Clement, Paragraphs [0050-0051], The Control Center is equipped with processing means.) and comprising:
receiving, from a transmitter embedded in a smart diaper (Clement, Paragraphs [0069-0070] and [0075-0078], Urine activated RFID tags have an RFID circuitry comprising a dipole antenna.), a signal comprising a unique identifier associated with the smart diaper (Clement, Paragraphs [0046-0048] and [0075-0078], The alarm signal emitted by the RFID tag includes at least the RFID tag identifier (ID).), the transmitter powered through a sensorial battery (Clement, Fig. 1, Paragraphs [0063-0065] and [0075]) configured to provide electric current to the transmitter in the presence of water or urine (Clement, Paragraphs [0063-0064] and [0075-0078]);
determining, based on the unique identifier, a user associated with the smart diaper (Clement, Paragraphs [0068-0074], The system utilizes the identifier from the RFID tags to identify the patient and the location of the patient.), and providing, via a user interface, an indication that a user requires a new smart diaper (Clement, Paragraphs [0075-0076], A wet diaper activates the RFID tag and the Control Center activates the monitoring dashboard to inform the medical staff to take appropriate actions. The appropriate actions include the need to replace the wet diaper (see Clement, Paragraph [0009]).).
Clement does not explicitly teach:
A computer.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing for the computer program in Clement to be stored on a computer-readable storage device to enable the processors of the Control Center to perform operations (see Clement, Paragraph [0050]), i.e. for the Control Center to be or include a computer. Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Clement et al. (U.S. 2009/0315720 A1) in view of Pepin et al. (U.S. 2017/0354374 A1).
Claim 10, Clement teaches:
The wetness monitoring system of claim 1.
Clement does not explicitly teach:
Wherein the computing device comprises a smart phone or smart tablet.
Pepin teaches:
Wherein the computing device comprises a smart phone or smart tablet (Pepin, Paragraph [0064]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the system in Clement by integrating the teaching of a smartphone, as taught by Pepin.
The motivation would be to allow for a prompt changing of a soiled diaper for improving health outcomes (see Pepin, Paragraph [0003]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Clement et al. (U.S. 2009/0315720 A1) in view of Dong et al. (U.S. 2019/0133524 A1).
Claim 19, Clement further teaches:
The method of claim I8, further comprising:
before receiving the signal, scanning, via a scanning device, a tag comprising the unique identifier (Clement, Paragraphs [0031], [0046], and [0074], The RFID tag ID is first associated with the person and the person’s location and is read by an RFID reader, i.e. a scanning device.);
receiving user data regarding the user and instructions to associate the user with the smart diaper (Clement, Paragraphs [0031], [0046], and [0074], The RFID tag ID is first associated with the person and the person’s location and is read by an RFID reader, i.e. an input device.); and
persisting the association between the smart diaper and the user (Clement, Paragraphs [0051-0052] and [0074], The tag ID and the person are associated in a table (see Clement, Fig. 4). The association is used to locate the person when the RFID tag is subsequently activated via exposure to urine (see Clement, Paragraphs [0075-0076]).).
Clement does not specifically teach:
Scanning, via a scanning device, a barcode comprising the unique identifier;
receiving, via an input device, user data regarding the user and instructions to associate the user with the smart diaper.
Dong teaches:
Scanning, via a scanning device, a barcode comprising the unique identifier (Dong, Paragraph [0010], A smartphone is used to scan a barcode associated with a smart diaper, wherein the data of the barcode is equivalent to a unique identifier associated with the barcode.);
receiving, via an input device, user data regarding the user and instructions to associate the user with the smart diaper (Dong, Paragraphs [0106-0112], Test results of the pads, i.e. user data, is entered via the smartphone, effectively associating the user with the test results.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the system in Clement by integrating the teaching of a body fluid screening device, as taught by Dong.
The motivation would be for providing early-stage detection of important disease agents for the users of the diapers (see Dong, Paragraph [0003]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Clement et al. (U.S. 2009/0315720 A1) in view of Dong et al. (U.S. 2019/0133524 A1) in view of Kukreja et al. (U.S. 2017/0053066 A1).
Claim 20, Clement in view of Dong further teaches:
The method of claim 19, wherein the scanning device comprises a camera (Dong, Paragraph [0042-0044], It would have been obvious to one of ordinary skill in the art, at the time of filing, to use a smartphone camera when scanning a barcode on a diaper (see Dong, Paragraph [0010]).).
Clement in view of Dong does not specifically teach:
Wherein the input device comprises a touch screen.
Kukreja teaches:
Wherein the input device comprises a touch screen (Kukreja, Paragraph [0017]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the system in Clement in view of Dong by integrating the teaching of entering patient data via a touchscreen of a smartphone, as taught by Kukreja.
The motivation would be to effectively identify a user by enabling the entering of information that uniquely identifies the user (see Kukreja, Paragraph [0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J YANG whose telephone number is (571)270-5170. The examiner can normally be reached 9:30am-6:00p M-F.
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/JAMES J YANG/ Primary Examiner, Art Unit 2686
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