DETAILED ACTION
This is a Non-Final rejection for application 18/741,750.
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 Species A in the reply filed on 01/15/2026 is acknowledged. Claims 9 and 15 are withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Accordingly, the application has priority to 11/14/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/26/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
the weight element in claim 7
the water pocket with a piston in claim 8
the battery in claim 10
the filling layer in claim 13
the lining layer, the silicone layer, and the deodorizing layer in claim 14
the fixing element and the neck-hanging fan in claim 16
the indicator mark in claim 18
the processor, the physiological monitoring module, and the vest state monitoring module in claim 19
the exercise monitoring module in claim 20
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The examiner notes in FIG.2 appears to have indicator marks. However, the lines along the first adhesive elements 111 are unclear as to whether or not they are indicator marks. Furthermore, the examiner suggests providing schematic drawings illustrating the electronic connections between the modules and the processor
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
All instances of “vet” should be replaced with ---vest--
Claims 1-3, 5-6, 12-14, and 19 are objected to because of the following informalities:
In claim 1, lines 2, 6, 7, and 11, “vet” should read –vest—
In claim 2, lines 1 and 3, “vet” should read –vest—
In claim 3, lines 1-2, “wherein each of the two sides of the first vest body is provided with a first pad” should read -- wherein each side of the first vest body are provided with a first pad—
In claim 3, line 2, “each of the two sides” should read ---each side---
In claim 3, lines 2 and 4, “vet” should read –vest—
In claim 4, line 2, “the elastic sleeve being an elastic sleeve” should be deleted
In claim 5, line 1, “vet” should read –vest—
In claim 6, lines 1-2, “vet” should read –vest—
In claim 12, line 2, “vet” should read –vest—
In claim 13, line 2, “vet” should read –vest—
In claim 14, lines 1-2, “vet” should read –vest—
In claim 19, line 14, “vet” should read –vest—.
Appropriate correction is required.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The limitation of “a water pocket being provided with a piston” on line 2 is unclear and is not enabled by the specification and drawings as originally filed. As discussed, above, a piston is not shown or disclosed in the drawings, further the specification states “The piston prevents water leakage”, it is unclear how the piston would prevent leakage, it is unclear if this limitation is a translation error. The nature of the invention is unclear as a piston disclosed within a water pocket is not known within the art nor is the disclosure enough to amount to a significant direction provided by the inventor. Further, the level of ordinary skill in the art is not enough to arrive at the claimed invention without more explanation which is not provided in the specification, nor were any working examples found.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morrison (US 6,675,391).
Regarding claim 1, Morrison discloses a weighted vest (weight vest 14), comprising: a first vet body (front portion 14) including two symmetrically arranged first shoulder straps (see Fig. 8), wherein a first adhesive element (“Preferably, the first fastening system 24 comprises one side of a loop and hook fastener” see column 5 lines 14-16) is provided along a length direction of a first side of each of the two first shoulder straps, a connecting strap (“The second fastening system 68 preferably comprises a clasp with an adjustable strap, for example” see column 7 lines 46-48) is separated from the first adhesive element and is provided at a position of each of the two first shoulder straps where the first adhesive element is located (Morrison discloses a first and second fastening system per shoulder strap), and a first weight pocket (pocket 16a) is provided on the first vet body; a second vet body (back portion 50) including two symmetrically arranged second shoulder straps (see Fig. 6), wherein a second adhesive element is provided along a length direction of one side of each of the two second shoulder straps (see Fig. 6-8, Morrison discloses a first and second fastening system the first being hook and loop fasteners and the second being a strap with a buckle), a connecting buckle is provided on another side of each of the two second shoulder straps at a position corresponding to the second adhesive element (see Fig. 6-8), and a second weight pocket is provided on the second vet body; and the first adhesive element is detachably attached to the second adhesive element, and the connecting strap is detachably connected to the connecting buckle (see Figs. 6-8).
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Regarding claim 17, Morrison discloses at least one of the first weight pocket or the second weight pocket includes a transverse weight pocket (see Fig. 7 above), a length direction of the transverse weight pocket being perpendicular to a length direction of the two first shoulder straps or a length direction of the two second shoulder straps.
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Morrison (US 6,675,391) in view of Liu (Chinese Patent Publication No. CN113303527A). Morrison discloses the device as substantially claimed above.
Regarding claim 18, Morrison fails to disclose an indicator mark is provided on at least one of the two first shoulder straps at a position corresponding to the first adhesive element.
However, Liu, a teaching reference showing a similar problem of adjusting a vest to a user, teaches a connecting strap that is separate from the first adhesive element and a connecting buckle and additionally comprising an indicator mark (Liu, “front protective sheet left shoulder belt 11, front protective sheet right shoulder belt 12 of the front protective sheet left, right shoulder Velcro 111, 121 set on the shoulder belt, the magic tape suede part, the velvet surface is provided with a size adjusting mark 112. size adjusting mark 112 is Arabic number 1, 2, 3, 4, convenient to use according to the number for fast adjusting, avoiding left and right shoulder belt length. Moreover, the size adjusting mark 112 is reflecting material and/or luminous material, convenient for daily and night”, page 5; The size adjusting mark 112 of Liu teaches the indicator mark of the claimed invention).
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Liu
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Morrison to include the size adjusting marking of Liu in order to facilitate fast adjusting of the shoulder length for the weighted exercise vest.
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, 5-7, 10-13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Floyd (U.S. Patent No. US7490361B1), in view of Bassoo (International Patent Publication No. WO2021214639A1).
Regarding claim 1, Floyd shows a weighted vest, comprising: a first vest body including two symmetrically arranged first shoulder straps (Floyd, “front member 20 includes two symmetrical panels comprising a right panel 22 and a left panel 22a”, col. 4, lines 49-51, and “the right panel 22 and the left panel 22a each further include a front shoulder panel 44, 44a”, col. 5, lines 39-41; The front member 20 of Floyd shows the first vest body of the claimed invention, and the front shoulder panels 44, 44a of Floyd show the two symmetrically arranged first shoulder straps of the claimed invention), wherein a first adhesive element is provided along a length direction of a first side of each of the two first shoulder straps (Floyd, “Each front shoulder panel 44, 44a, and each front side panel 46, 46a includes a panel fastening means 49 for attaching each front panel 44, 44a, and each front side panel 46, 46a to a corresponding back panel 52, 52a, and back side panel 54, 54a, respectively”, col. 5, lines 51-56), and a first weight pocket is provided on the first vest body (Floyd, “Each panel 22, 22a includes a first pocket 24, 24a and a second pocket 26, 26a that are aligned in vertical orientation with one another”, col. 4, lines 53-55); a second vest body (Floyd, back member 50, col. 5, line 51) including two symmetrically arranged second shoulder straps (Floyd, “The back member 50 comprises a back panel 52 having back shoulder panels 54 and 54a”, col. 6, lines 7-9; The back shoulder panels 54, 54a of Floyd shows the two symmetrically arranged second shoulder straps of the claimed invention), wherein a second adhesive element is provided along a length direction of one side of each of the two second shoulder straps (Floyd, “Each back shoulder panel 54, 54a, and each back side panel 56 and 56a includes a panel fastening means 53 for adjustably attaching the back shoulder panels 54, 54a, and the back side panels 56, 56a to the front shoulder panels 44, 44a, and the front side panels 46 and 46a, respectively”, col. 6, lines 19-24), and a second weight pocket is provided on the second vest body (Floyd, “The back member 50 comprises a back panel 52 including a back weight pocket 58 having a back pocket opening 60, and a back pocket flap 62”, col. 6, lines 26-29; The back weight pocket 58 of Floyd shows the second weight pocket of the claimed invention); and the first adhesive element is detachably attached to the second adhesive element (Floyd; The front shoulder panels are attached to the back shoulder panels of Floyd with the panel fastening means 49 and the panel fastening means 53, respectively, of Floyd. See citations above for the first adhesive element and the second adhesive element of the claimed invention).
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Floyd fails to explicitly show a connecting strap is separated from the first adhesive element and is provided at a position of each of the two first shoulder straps where the first adhesive element is located; a connecting buckle is provided on another side of each of the two second shoulder straps at a position corresponding to the second adhesive element; and the connecting strap is detachably connected to the connecting buckle.
However, Bassoo, from the same field of endeavor, teaches a connecting strap; a connecting buckle; and the connecting strap is detachably connected to the connecting buckle (Bassoo, “A user can correct poor posture by uplifting the upper torso by increasing the tension of the buckle 126 in particular the lower part of the buckle is an adjustable working strap 128 of a rear shoulder strap 120A-B and other fasteners on the multi-functional vest. In addition, the fastener 122 is configured to attach and secure to the outer surface of the multi-functional vest 100. It is understood the buckle 126 comprises of a bottom component which is a ladder, for adjusting the length, in other terms and adjustable working strap. In some embodiments, the loose end of the fabric 130 may be secured and positioned on the outer surface of the front panel, wherein the adjustable working strap is the sole fastener 122 of the shoulder strap 120A-D”, paragraph 0092; The adjustable working strap of Bassoo teaches the connecting strap of the claimed invention, and the buckle 126 of Bassoo teaches the connecting buckle of the claimed invention). Bassoo further that the second vest body is provided with a loop at a position on a same side of the connecting buckle, a size of the loop being adapted to a size of the connecting strap; and when the connecting strap is connected to the connecting buckle, the connecting strap passes through the loop (Bassoo, fabric flap 132, paragraph 0093), a size of the loop being adapted to a size of the connecting strap (Bassoo, FIG. 1; fabric flap 132 is shown to be adapted to the size of the adjustable working strap of Bassoo).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the weighted exercise vest of Floyd to further include the buckle, the adjustable working strap, and the fabric configuration of Bassoo to correct poor posture as disclosed by Bassoo.
Regarding claim 5, Floyd in view of Bassoo, discloses the second vest body is provided with a loop at a position on a same side of the connecting buckle, a size of the loop being adapted to a size of the connecting strap; and when the connecting strap is connected to the connecting buckle, the connecting strap passes through the loop (see rejection of claim 1 above).
Regarding claim 6, Floyd, in view of Bassoo, teaches the first vest body and the second vest body.
Floyd fails to explicitly show the first vest body is provided with a first reflective strip, and the second vest body is provided with a second reflective strip.
However, Bassoo discloses in paragraph 0200, “the outer surface of the multi-functional vest 100 may comprise of a layer of fixed or removable solar reflective tape (not shown) configured to create visibility during the night”.
It would have been obvious for one or ordinary skill in the art before the effective filing date of the claimed invention to have modified the weighted exercise vest of Floyd to include the solar reflective tape disclosed by Bassoo in order to be create visibility during night.
Regarding claim 7, Floyd as modified, teaches that at least one of an interior of the first weight pocket or an interior of the second weight pocket is detachably provided with a weight element, a shape of the weight element being adapted to a shape of the first weight pocket or a shape of the second weight pocket (Floyd, “Each weight pocket opening 36, 36a is defined by a front member 38, 38a that is stitched to each panel 22, 22a, respectively, along a semi-circle pattern to provide a semi-shaped pocket opening 34, 34a for securely receiving and holding a correspondingly shaped weight 32 and 32a. The weight pocket flaps 36, 36a also comprise a semi-shaped flap that is dimensioned to cover the semi-shaped pocket opening 34, 34a of each second pocket 26 and 26a”, col. 5, lines 14-22).
Regarding claim 10, Floyd as modified teaches that the weight element is a battery (Floyd, “The term item may include any small item or product that a user wishes to keep secure within either or both of the first pockets 28, 28a of the vest 10. Some examples of items that may be retained within each first pocket opening 28, 28a include money, jewelry, keys, pen, or a comb. In a preferred example, one or both of the pocket openings 28, 28a may be sized and shaped to securely retain a cell phone”, col. 5, lines 4-10, and “In addition, each pocket 24, 24a, 26, 26a, 58 may or may not be transparent to allow a person 100 to see the type of weight 32, 32a, 68 and/or item that is retained therein, and may be formed on any surface of the vest 10. Each pocket 24, 24a, 26, 26a, 58 may comprise a variety of shapes, sizes or dimensions for defining a desired volume for holding one or more weights 32,32a, 68 and/or items”, col. 7, lines 16-22; In the broadest reasonable interpretation of the claim, the cell phone, which may be inserted into the pocket 26, 26a of Floyd, shows the battery of the claimed invention as all cell phones include a battery).
Regarding claim 11, Floyd as modified teaches an opening portion of the first weight pocket is provided with a first cover flap, the first cover flap being detachably attached to an outer side of the first weight pocket (Floyd, “Each second pocket 26, 26a comprises a weight pocket opening 34, 34a, and a weight pocket flap 36 and 36a. Each weight pocket flap 36, 36a is stitched to pivot along the top of a corresponding weight pocket opening 34 and 34a”, col. 5, lines 11-14); and an opening portion of the second weight pocket is provided with a second cover flap, the second cover flap being detachably attached to an outer side of the second weight pocket (Floyd, “The back member 50 comprises a back panel 52 including a back weight pocket 58 having a back pocket opening 60, and a back pocket flap 62. The back pocket flap 62 comprises a semi-circle shaped flap that is stitched on top of the pocket opening 60, near the edge of the back neck area. The back pocket flap 62 includes a flap fastening means 64 that engages with a pocket fastening means 66 disposed on exterior surface of the back weight pocket 58”, col. 5, lines 26-34).
Regarding claim 12, Floyd as modified, teaches a zipper is provided on a symmetry axis of the first vest body, and a zipper pull is provided on the zipper (Floyd, zipper 47, 47a).
Regarding claim 13, Floyd as modified, teaches at least one of an interior of the first vest body or an interior of the second vest body is provided with a filling layer, the filling layer being an elastic filling layer (Floyd, “The weighted exercise vest 10 may be fabricated from a suitable material having sufficient strength and flexibility such as nylon, plastic, rubber, fabric, a synthetic or non-synthetic material, foam, vinyls, a mesh material for increasing the ventilation of the vest 10, an elastic material, or any combination thereof. The materials selected may comprise one or more layers”, col. 7, lines 7-16; The elastic material of Floyd shows the filling layer of the claimed invention being an elastic filling layer).
Regarding claim 17, Floyd as modified, teaches at least one of the first weight pocket or the second weight pocket, the two first shoulder straps, and the two second shoulder straps. Floyd discloses in col. 7, lines 20-22, “Each pocket 24, 24a, 26, 26a, 58 may comprise a variety of shapes, sizes or dimensions for defining a desired volume for holding one or more weights 32,32a, 68 and/or items”, but fails to specifically disclose a transverse weight pocket being perpendicular to a length direction of the two first shoulder straps or a length direction of the two second shoulder straps.
Basso discloses different pockets and pocket sizes including at least one (207) being transverse.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pockets of Floyd to be transverse, as disclosed by Bassoo, to suit the needs of the user.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Floyd (U.S. Patent No. US7490361B1), in view of Bassoo (International Patent Publication No. WO2021214639A1), and further in view Feng (PG Patent Publication No. US20180161615A1). Floyd as modified disclose the device as claimed above.
Regarding claim 2, Floyd as modified, teaches that the two sides of the first vest body (Floyd, see FIG. 1 below), the outer side of the first weight pocket (Floyd, see FIG. 1 below), and the two sides of the second vest body (Floyd, see FIG. 2 below).
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Although Floyd appears to show the adhesive on the sides of the first and second vest body, Floyd fails to explicitly disclose the adhesive.
However, Feng, from the same field of endeavor, teaches a third adhesive element (Feng, “Each free end of the first tie strap 22 and the second tie strap 23 has series of hook structure 221/231 and loop structure 222/232 inwardly sequentially disposed thereon”, paragraph 0026; The loop structure 232 of Feng teaches the third adhesive element of the claimed invention. The second tie straps of Feng are positioned on both sides of the front carrier 30 of Feng which is comparable to the front member 20 of Floyd), a fourth adhesive element (Feng, hook structure 231); a connecting ring (Feng, see FIGS. 1 and 4 below), and the third adhesive element passes through the connecting ring and is detachably connected to the fourth adhesive element (Feng, see FIGS. 1 and 4 below).
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It would have been obvious for one of ordinary skill in the art begore the effective filing date of the claimed invention to have included the additional adhesive on the sides as taught by Feng to make the vest more adjustable to fit different users.
Regarding claim 3, Floyd as modified teaches each of the two sides of the first vest body is provided with a first pad (Floyd, front side panels 46, 46a), the first pad is provided with a fixing strap (Feng, see rejection of claim 2 above), and the third adhesive element is provided on the fixing strap (Feng, see rejection of claim 2 above); and each of the two sides of the second vest body is provided with a second pad (Floyd, back side panels 56, 56a), the connecting ring is provided on the second pad (In light of the modification, and in the broadest reasonable interpretation of the claim, the labeled connecting ring of Feng is provided on the back side panels of Floyd), and the fixing strap is detachably wound around and connected to the connecting ring (Feng, see FIG. 4 above in claim 2).
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Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Floyd (U.S. Patent No. US7490361B1), in view of Bassoo (International Patent Publication No. WO2021214639A1), as applied to claim 1 above, and further in view of Gibson-Horn (PG Patent Publication No. US20040147377A1).
Regarding claim 19, Floyd as modified show the weighted vest, the first shoulder straps, the second shoulder straps, the first vest body, and the second vest body.
Floyd as modified fails to teach further comprising a physiological monitoring module and a vest state monitoring module, wherein the physiological monitoring module and the vest state monitoring module are in communication with a processor, respectively, the physiological monitoring module is configured to collect physiological data, the vest state monitoring module is configured to collect vest data, and the processor is configured to: obtain the physiological data and the vest data; determine a user feature, weight data, and wearing data of the weighted vest based on the vest data; and determine an adjustment recommendation based on the physiological data, the user feature, the weight data, and the wearing data, wherein the adjustment recommendation includes at least one of: adjusting a weight, adjusting a position of the first shoulder straps, adjusting a position of the second shoulder straps, and adjusting a wearing position of the first vest body and the second vest body.
However, Gibson-Horn, from the same field of endeavor, discloses in paragraph 0018, “methods for assessing a need for a weighted garment or orthotic and for determining appropriate weight and weight placement within the garment or orthotic. These methods may variously be manual, computer assisted, or combinations of the two”. Gibson-Horn teaches a physiological monitoring module and a vest state monitoring module, wherein the physiological monitoring module and the vest state monitoring module are in communication with a processor, respectively, the physiological monitoring module is configured to collect physiological data, the vest state monitoring module is configured to collect vest data, and the processor is configured to: obtain the physiological data and the vest data; determine a user feature, weight data, and wearing data of the weighted vest based on the vest data; and determine an adjustment recommendation based on the physiological data, the user feature, the weight data, and the wearing data, wherein the adjustment recommendation includes at least one of: adjusting a weight, adjusting a position of the first shoulder straps, adjusting a position of the second shoulder straps, and adjusting a wearing position of the first vest body and the second vest body (Gibson-Horn, “The use of a computer for accepting output signals from a force sensor and for calculating the COG by the subject may be highly desirable… FIGS. 3A through 3C show a procedure for using a computer or processor to measure and facilitate COG correction via proper weight placement… The procedure described just above i.e., systematically and selectively weighting the orthotic to improve COG placement, may also be employed while the patient is standing on the force plate or support surface. As the amount of the weights and their placement are adjusted, the computer receives the new output and registers the feedback on a screen. Thus, as the patient becomes more centered, mark 302 will move closer to position 300. In this way, the provider will readily be able to determine whether, and to what extent, the weight placement has caused the patient's COG to move toward center”, paragraphs 0048-0050; The computer of Gibson-Horn accepting output signals from the force sensor for calculating COG directly measures a physiological state related to movement thereby teaching. In the broadest reasonable interpretation of the claim, the force sensor teaches the physiological monitoring module of the claimed invention. The computer of Gibson-Horn determining how the weight is distributed with the force sensor teaches. The force sensor teaches the vest monitoring module of the claimed invention. As can be seen from the specification of the claimed invention, paragraphs 0070-0071, the various sensors may be utilized for the physiological monitoring module and the vest state monitoring module. Moreover, in light of the claims being an apparatus claims, the physiological monitoring module and the vest state monitoring module are in communication with a processor must be capable of functions disclosed in this claim, which the computer of Gibson-Horn teaches).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included the computer and the force sensor of Gibson-Horn with the modified weighted exercise vest of Floyd to collect relevant metrics.
Regarding claim 20, Floyd as modified teaches an exercise monitoring module, the exercise monitoring module is configured to collect exercise data (see rejection of claim 19 above), and the processor is further configured to: determine a fatigue level based on the physiological data and the exercise data; and issue a reminder based on the fatigue level, the reminder including at least one of a fatigue warning and an operation reminder (see rejection of claim 19 above Gibson-Horn, the output of the computer seen in FIGS. 3A-3C teaches the processor of the claimed invention being able to determine a fatigue level and a reminder).
Allowable Subject Matter
Claims 4, 14 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner’s Note
No art has been used to reject claim 8, please see drawing objection and 35 USC 112(a) rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at 571-272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Megan Anderson/Primary Examiner, Art Unit 3784
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