DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 1-6, 10-15, and 21-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 20, 2026.
Applicant’s election without traverse of Group 3 (claims 26 and 28-41) in the reply filed on August 20, 2026 is acknowledged.
Response to Amendment
The amendment filed August 20, 2026 has been entered. Claims 1-6, 10-15, 21-23, 26, and 28-41 remain pending in the application, with claims 7-9, 16-20, 24-25, and 27 being cancelled and claims 31-41 being newly added. Claims 1-6, 10-15, and 21-23 are withdrawn as described above, and claims 26 and 28-41 are examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 18, 2025 and August 20, 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: Element 714 in Fig. 8, element 830 in Fig. 8, and element 730 in Fig. 9. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 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 26 and 28-41 are rejected under 35 U.S.C. 103 as being unpatentable over US 20130072765 (Kahn et al.) in view of US 20170265582 (Walker et al.).
Regarding claim 26, Kahn teaches a method for operating a temperature-sensing garment ([0016] “An improved body-worn monitor including a plurality of sensors is described. In one embodiment, the body-worn monitor is a wristband. For simplicity, the term “wristband” is used herein to refer to a body-worn monitor, though one should understand that the body-worn monitor might be worn elsewhere”), the method comprising:
while the garment is in an inactive mode ([0055] “If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies, and may put portions of the wristband to sleep, or turn them off. The process then loops back to block 420, to await new sensor data”):
detecting, using one or more orientation sensors in the garment, an orientation of the garment ([0031] “accelerometer/gyroscope 325”; [0040] “in one embodiment, uses data from accelerometer/gyroscope 325, and optionally other sensors, to count repetitive motions, such as steps. In one embodiment, other types of motions—e.g. bicycle pedal pumps, step climbing, etc.—may also be counted. In one embodiment, by combining the temperature data with the movement data, step counter logic 355 can additionally determine the intensity”; [0042]; [0071] “the process monitors temperature data and movement data, e.g. data from an accelerometer, gyroscope, or other movement sensor.”);
when the detected orientation of the foot garment satisfies a predetermined orientation threshold, receiving a first set of garment temperature measurements from one or more temperature sensors in the foot garment ([0040]; [0060] “the process at block 520 determines whether the accelerometer has detected motion”; [0061] “If the accelerometer sensed motion, at block 520, the temperature is measured, at block 525. At block 530, the process determines whether the temperature indicates that the wristband is being worn.”); and
determining that the foot garment is placed on a foot of a user based at least in part on the detected orientation of the garment satisfying the predetermined orientation threshold and the received first set of garment temperature measurements satisfying a predetermined temperature threshold ([0061] “If the accelerometer sensed motion, at block 520, the temperature is measured, at block 525. At block 530, the process determines whether the temperature indicates that the wristband is being worn. In one embodiment, this determination uses the body-contact thermometer and the ambient thermometer. In one embodiment, the process first uses the body contact thermometer only, and if the body contact thermometer indicates that the temperature is in the correct range (generally 96 to 104 degrees Fahrenheit), then it determines a delta between the body contact thermometer and the ambient temperature thermometer, to ensure that the temperature is not the result of the wristband being in a warm environment, but not worn by the user.”; [0062-0063]),
wherein the one or more temperature sensors are arranged in the garment so as to be aligned with the user when the garment is placed on the user ([0032] “A single thermometer may be a body-facing thermometer (e.g. a thermometer designed to be in contact with the user's body to measure body temperature).; and
in response to determining that the foot garment is placed on the foot of the user, transitioning the foot garment from the inactive mode to an active mode ([0055] “temperature data, accelerometer data, and other sensor data, alone or in combination, may be used to determine whether the wristband is being worn. Since the wristband is measuring user health data primarily, it is considered inactive when not worn. If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies, and may put portions of the wristband to sleep, or turn them off. The process then loops back to block 420, to await new sensor data”).
Kahn does not explicitly teach a temperature-sensing foot garment, one or more temperature sensors are arranged in the foot garment so as to be aligned with a sole of the foot of the user when the foot garment is placed on the foot of the user.
However,
Walker teaches a temperature-sensing foot garment, and one or more temperature sensors are arranged in the foot garment so as to be aligned with a sole of the foot of the user when the foot garment is placed on the foot of the user ([0053] “a foot presence sensor includes a thermal sensor that is configured to sense a change in temperature in or near a portion of the footwear”; [0073] “a capacitance-based foot presence sensor in an insole of a footwear article”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Kahn to include a temperature-sensing foot garment. Kahn teaches that the wristband is a body-worn monitor that can be worn elsewhere with examples of a leg strap [0016]. One would have been motivated to make this modification to a foot garment because when a wearer's foot enters a footwear article, the article's internal temperature changes when the wearer's own body temperature differs from an ambient temperature of the footwear article, which can indicate that a foot is present so that diagnostics can be performed, as suggested by Walker ([0053], [0073]).
Regarding claim 28, Kahn teaches the method of claim 26, wherein the received first set of garment temperature measurements are received during a sampling period and the method further comprises comprising determining a change in the received first set of garment temperature measurements during the sampling period ([0032] “a combination of temperature changes and pH level changes, as correlated to activity level, may provide useful health data, not only as to the user's athletic conditioning and electrolyte levels but also an indication of the functioning of the glucose system of the user.”; [0038-0039] “change in core body temperature. This may lead the band 310 to provide feedback using user interface 375.”; [0040] “When the user's body temperature rises, it is also an indication of a more intense workout. In one embodiment, step counter logic 355 can integrated data from sensors 320, to determine.”; [0105]).
Regarding claim 29, Kahn teaches the method of claim 28, wherein determining that the foot garment is placed on the foot of the user is based at least in part on the determined change in the received first set of garment temperature measurements ([0040]; [0055] “temperature data, accelerometer data, and other sensor data, alone or in combination, may be used to determine whether the wristband is being worn. Since the wristband is measuring user health data primarily, it is considered inactive when not worn. If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies, and may put portions of the wristband to sleep, or turn them off. The process then loops back to block 420, to await new sensor data”).
Regarding claim 30, Kahn teaches the method of claim 26, further comprising detecting motion of the foot garment using one or more motion sensors in the foot garment, and wherein the determination that the foot garment is placed on the foot of the user is further based at least in part on the detected motion of the foot garment ([0059] “flowchart of one embodiment of using sensors and motion sensors in the wristband to set power mode”; [0061] “If the accelerometer sensed motion, at block 520, the temperature is measured, at block 525. At block 530, the process determines whether the temperature indicates that the wristband is being worn”).
Regarding claim 31, Kahn teaches the method of claim 28, wherein the determination that the foot garment is placed on the foot of the user is based at least in part on a determined rise in the received first set of garment temperature measurements over the sampling period ([0040]; [0055] “temperature data, accelerometer data, and other sensor data, alone or in combination, may be used to determine whether the wristband is being worn. Since the wristband is measuring user health data primarily, it is considered inactive when not worn. If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies, and may put portions of the wristband to sleep, or turn them off. The process then loops back to block 420, to await new sensor data”).
Regarding claim 32, Kahn teaches the method of claim 26.
Kahn does not explicitly teach wherein the foot garment comprises one of a sock, a shoe, and an insole.
However,
Walker teaches wherein the foot garment comprises one of a sock, a shoe, and an insole ([0028]; [0073] “a capacitance-based foot presence sensor in an insole of a footwear article”; [0139]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Kahn to include a sock as a temperature-sensing foot garment. Kahn teaches that the wristband is a body-worn monitor that can be worn elsewhere with examples of a leg strap [0016]. One would have been motivated to make this modification to a foot garment because when a wearer's foot enters a footwear article, the article's internal temperature changes when the wearer's own body temperature differs from an ambient temperature of the footwear article, which can indicate that a foot is present so that diagnostics can be performed, as suggested by Walker ([0028], [0053], [0073]).
Regarding claim 33, Kahn teaches the method of claim 26.
Kahn does not explicitly teach wherein the one or more orientation sensors in the foot garment are arranged in an ankle portion of the foot garment.
However,
Walker teaches wherein the one or more orientation sensors in the foot garment are arranged in an ankle portion of the foot garment ([0182] “a deviation from an established baseline or reference signal characteristic can indicate a foot or ankle has rotated or slid within the footwear”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Kahn to include orientation sensors on an ankle portion. Kahn teaches that the wristband is a body-worn monitor that can be worn elsewhere with examples of a leg strap [0016]. One would have been motivated to make this modification because ankle orientation can be used to indicate physical activity events such as stomping, walking, or standing and can detect sliding/rotation of the user to prevent injury, as suggested by Walker ([0125-0128], [0182]).
Regarding claim 34, Kahn teaches the method of claim 26, further comprising receiving the received first set of garment temperature measurements at a first sampling rate ([0055] “In one embodiment, temperature data, accelerometer data, and other sensor data, alone or in combination, may be used to determine whether the wristband is being worn. Since the wristband is measuring user health data primarily, it is considered inactive when not worn. If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies”; The first sampling rate is the reduced sensor testing frequency.).
Regarding claim 35, Kahn teaches the method of claim 34, further comprising receiving, while the garment is in the active mode, a second set of garment temperature measurements at a second sampling rate from the one or more temperature sensors in the garment ([0053] “thermometer may measure the temperature every minute”; [0055] “In one embodiment, temperature data, accelerometer data, and other sensor data, alone or in combination, may be used to determine whether the wristband is being worn. Since the wristband is measuring user health data primarily, it is considered inactive when not worn. If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies”; [0061] “In one embodiment, this determination uses the body-contact thermometer and the ambient thermometer. In one embodiment, the process first uses the body contact thermometer only, and if the body contact thermometer indicates that the temperature is in the correct range (generally 96 to 104 degrees Fahrenheit), then it determines a delta between the body contact thermometer and the ambient temperature thermometer, to ensure that the temperature is not the result of the wristband being in a warm environment, but not worn by the user”; [0065] “the process continues to monitor the sensors in high power mode”; In when it is determined that the device is being worn and in high power / active mode, the device continues to sense temperature and compares the body contact thermometer to the ambient thermometer temperature data at a sampling rate of every minute.).
Regarding claim 36, Kahn teaches the method of claim 35, wherein the second sampling rate is higher than the first sampling rate ([0053] “thermometer may measure the temperature every minute”; [0055] “In one embodiment, temperature data, accelerometer data, and other sensor data, alone or in combination, may be used to determine whether the wristband is being worn. Since the wristband is measuring user health data primarily, it is considered inactive when not worn. If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies”; The sampling rate in low power (inactive) mode is reduced, so the sampling rate in active mode (first sampling rate) is higher than the sampling rate in inactive mode (second sampling mode)).
Regarding claim 37, Kahn teaches the method of claim 35, further comprising triggering a notification to a remote care provider based at least in part on the received second set of garment temperature measurements ([0102] “low body temperature in the mornings has been associated with poor thyroid function. Other correlations, now known or later discovered, may be utilized to evaluate the long-term temperature data. If the temperature data, direct data or trending, indicates a problem, at block 935 certain actions are taken. In one embodiment, the user may be notified. In one embodiment, other parties, such as a doctor, may also or additionally be notified.”; [0109]).
Regarding claim 38, Kahn teaches the method of claim 35, further comprising transmitting the second set of garment temperature measurements to a receiving station paired to the foot garment ([0026] “the computer device 220 may also receive aggregate data collected by the wristband device 210. In one embodiment, certain calculations that are more processor-intensive take place on the computer device 220, or server system 260.”; [0034]; [0110] “the system receives sensor data from one or more sensors in the wristband”).
Regarding claim 39, Kahn teaches the method of claim 38.
Kahn does not explicitly teach wherein the second set of garment temperature measurements are transmitted to the receiving station when the foot garment is within a predetermined distance from the receiving station.
However,
Walker teaches wherein the second set of garment temperature measurements are transmitted to the receiving station when the foot garment is within a predetermined distance from the receiving station ([0049] “Based on proximity of a body relative to the antenna, one or more electrical signal characteristics, such as impedance, frequency, or signal amplitude, can be received and analyzed to determine whether a body is present. In an example, a received signal strength indicator (RSSI) provides information about a power level in a received radio signal. Changes in the RSSI, such as relative to some baseline or reference value, can be used to identify a presence or absence of a body. In an example, WiFi frequencies can be used, for example in one or more of 2.4 GHz, 3.6 GHz, 4.9 GHz, 5 GHz, and 5.9 GHz bands. In an example, frequencies in the kilohertz range can be used, for example, around 400 kHz. In an example, power signal changes can be detected in milliwatt or microwatt ranges.”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Kahn to include transmitting measurement when the garment is within a predetermined distance from the receiving station. One would have been motivated to make this modification because the proximity of the body to the antenna based on signal strength allows for transmission of the signals when it is detected that the foot is present, as suggested by Walker ([0049]).
Regarding claim 40, Kahn teaches the method of claim 26.
Kahn does not explicitly teach wherein the foot garment comprises an ankle portion, and wherein the predetermined orientation threshold corresponds to an indication that the ankle portion of the foot garment is in an upright orientation.
However,
Walker teaches wherein the foot garment comprises an ankle portion, and wherein the predetermined orientation threshold corresponds to an indication that the ankle portion of the foot garment is in an upright orientation ([0125] “a Stomp event can include information from the motion sensor 324 that indicates an affirmative acceleration (e.g., in a specified or generic direction) and an “up” or “upright” orientation.”; [0127] “A Walk event can include information from the motion sensor 324 that indicates an affirmative step pattern and an “up” or “upright” orientation”; [0182] “a deviation from an established baseline or reference signal characteristic can indicate a foot or ankle has rotated or slid within the footwear”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Kahn to include an indication that the ankle portion of the foot garment is in an upright orientation. One would have been motivated to make this modification because an upright ankle orientation can be used to indicate physical activity events such as stomping, walking, or standing and detection sliding/rotation of the user can be used to prevent injury, as suggested by Walker ([0125-0128], [0182]).
Regarding claim 41, Kahn teaches a method for automatically determining, without user input, whether a garment is placed on a user ([0016] “An improved body-worn monitor including a plurality of sensors is described. In one embodiment, the body-worn monitor is a wristband. For simplicity, the term “wristband” is used herein to refer to a body-worn monitor, though one should understand that the body-worn monitor might be worn elsewhere”), the method comprising:
while the garment is in an inactive mode ([0055] “If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies, and may put portions of the wristband to sleep, or turn them off. The process then loops back to block 420, to await new sensor data”):
detecting, using one or more motion sensors arranged in a portion of the garment, a motion of the portion ([0059] “flowchart of one embodiment of using sensors and motion sensors in the wristband to set power mode”; [0061] “If the accelerometer sensed motion, at block 520, the temperature is measured, at block 525. At block 530, the process determines whether the temperature indicates that the wristband is being worn”);
detecting, using one or more orientation sensors arranged in the portion of the garment, an orientation of the portion ([0031] “accelerometer/gyroscope 325”; [0040] “in one embodiment, uses data from accelerometer/gyroscope 325, and optionally other sensors, to count repetitive motions, such as steps. In one embodiment, other types of motions—e.g. bicycle pedal pumps, step climbing, etc.—may also be counted. In one embodiment, by combining the temperature data with the movement data, step counter logic 355 can additionally determine the intensity”; [0042]; [0071] “the process monitors temperature data and movement data, e.g. data from an accelerometer, gyroscope, or other movement sensor.”);
determining that the detected motion of the portion satisfies a predetermined motion threshold ([0040]; [0060] “the process at block 520 determines whether the accelerometer has detected motion”; [0061] “If the accelerometer sensed motion, at block 520, the temperature is measured, at block 525. At block 530, the process determines whether the temperature indicates that the wristband is being worn.”); and
determining that the garment is placed on the user based at least in part on the detected motion satisfying the predetermined motion threshold and the detected orientation satisfying the predetermined orientation threshold ([0061] “If the accelerometer sensed motion, at block 520, the temperature is measured, at block 525. At block 530, the process determines whether the temperature indicates that the wristband is being worn. In one embodiment, this determination uses the body-contact thermometer and the ambient thermometer. In one embodiment, the process first uses the body contact thermometer only, and if the body contact thermometer indicates that the temperature is in the correct range (generally 96 to 104 degrees Fahrenheit), then it determines a delta between the body contact thermometer and the ambient temperature thermometer, to ensure that the temperature is not the result of the wristband being in a warm environment, but not worn by the user.”; [0062-0063]); and
in response to determining that the garment is placed on the of the user, transitioning the garment from the inactive mode to an active mode ([0055] “temperature data, accelerometer data, and other sensor data, alone or in combination, may be used to determine whether the wristband is being worn. Since the wristband is measuring user health data primarily, it is considered inactive when not worn. If the wristband is inactive, at block 440 it is put into low power mode. Low power mode, in one embodiment, reduces the sensor testing frequencies, and may put portions of the wristband to sleep, or turn them off. The process then loops back to block 420, to await new sensor data”).
Kahn does not explicitly teach foot garment is placed on a foot of a user, motion sensors and orientation sensors in an ankle portion of the foot garment, and wherein the foot garment comprises an ankle portion, and wherein the predetermined orientation threshold corresponds to an indication that the ankle portion of the foot garment is in an upright orientation.
However,
Walker teaches a foot garment is placed on a foot of a user ([0053] “a foot presence sensor includes a thermal sensor that is configured to sense a change in temperature in or near a portion of the footwear”; [0073] “a capacitance-based foot presence sensor in an insole of a footwear article”), motion sensors and orientation sensors in an ankle portion of the foot garment, and determining that the detected orientation of the ankle portion satisfies a predetermined orientation threshold corresponding to an upright orientation of the ankle portion ([0125] “a Stomp event can include information from the motion sensor 324 that indicates an affirmative acceleration (e.g., in a specified or generic direction) and an “up” or “upright” orientation.”; [0126] “an accelerometer (e.g., included with or separate from the motion sensor 324) indicates that the footwear is upright.”; [0127] “A Walk event can include information from the motion sensor 324 that indicates an affirmative step pattern and an “up” or “upright” orientation”; [0182] “a deviation from an established baseline or reference signal characteristic can indicate a foot or ankle has rotated or slid within the footwear”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Kahn to include a foot garment and determining that the ankle portion of the foot garment is in an upright orientation. One would have been motivated to make this modification because when a wearer's foot enters a footwear article, the article's internal temperature changes when the wearer's own body temperature differs from an ambient temperature of the footwear article, which can indicate that a foot is present so that diagnostics can be performed, and an upright ankle orientation can be used to indicate physical activity events such as stomping, walking, or standing and detection sliding/rotation of the user can be used to prevent injury, as suggested by Walker ([0053], [0073], [0125-0128], [0182]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVELYN GRACE PARK whose telephone number is (571)272-0651. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
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/EVELYN GRACE PARK/Examiner, Art Unit 3791
/TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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