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 Objections
Claim 45 objected to because of the following informalities:
Change “which, which” to “which” in order to delete the repeated word. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 26 – 36 & 38 – 45 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Bowman et al. (WO 2022020090 A1).
Regarding claim 26, A blood flow restriction garment system, comprising:
a blood flow restriction garment controller 112 (Paragraph 0080);
an electronic device (Paragraph 0084 / 0094);
wherein the blood flow restriction garment controller comprises:
a pump 130 arranged to increase a pressure in an air bladder 120 of a blood flow restriction garment 110 (Paragraph 0063);
an air pressure sensor 132 arranged to measure a pressure of the air bladder 120 and provide a signal indicative of the measured pressure (Paragraph 0062 – 0063 & 0067);
a valve 138 & 139 arranged to control the pressure of the air bladder 120, wherein the valve has at least two operating states, wherein the operating states comprise an open state and a closed state (Paragraph 0080 – 0083);
at least one or more of an inertial measurement unit (Paragraph 0065), an accelerometer (Paragraph 007), a gyroscope, arranged to determine movement of the blood flow restriction garment controller and provide a signal indicative of the determined movement (Paragraph 0067 & 0082);
processing means 134 for providing a signal to control the valve 138 & 139 by selecting one of the at least two operating states (Paragraph 0081 – 0083), wherein the signal to control the valve is based on at least one of the signal indicative of the measured pressure and the signal indicative of the determined movement (Paragraph 0081);
a communication module for communicating with the electronic device (Paragraph 0092 – 0094);
wherein the electronic device comprises electronic device processing means, wherein the electronic device processing means are arranged to:
retrieve exercise data wherein the exercise data indicates at least one exercise movement to be performed by a user of the blood flow restriction garment (Claim 9);
identify an exercise movement by the user based on analysis of at least one of the signal indicative of the measured pressure and the signal indicative of the determined movement using a machine learning model trained with an exercise movement data bank comprising movement data and pressure data associated with different types of exercise movement (Claim 9 / Paragraph 00108)
Regarding claim 27, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the blood flow restriction garment controller 112 is arranged to transmit at least one of the signal indicative of the measured pressure and the signal indicative of the determined movement to the electronic device using the communication module (Paragraph 0094 – 0095).
Regarding claim 28, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the blood flow restriction garment controller 112 comprises a housing 140 arranged to removably attach to the blood flow restriction garment 110 (Figure 3C - 3D & Paragraph 0064).
Regarding claim 29, Bowman discloses a blood flow restriction garment system as claimed in claim 28.
Bowman discloses wherein the controller 112 comprises a connector 114 for the air pressure sensor 132 to connect to the air bladder 120 and a connector 114 for the pump 130 to connect to the air bladder 120, wherein the housing 140 comprises one or more apertures to enable the connector for the air pressure sensor 132 and the connector 114 for the pump 130 to connect to the air bladder 120 (Paragraph 0057 & 0067).
Regarding claim 30, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the blood flow restriction garment controller is arranged to be powered by portable energy storage means. (Claim 8 / Paragraph 0066)
Regarding claim 31, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses arranged to maintain the pressure in the air bladder 120. (Paragraph 0061)
Regarding claim 32, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the processing means 112 is arranged to control the pump 130 in combination with controlling the valve 138 to control the pressure in the air bladder 120 (Paragraph 0082).
Regarding claim 33, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses arranged to: control the pressure within the air bladder 120 in dependence upon the identified exercise movement by the user and the exercise data (Paragraph 0081 & 0090 / Claim 13); send a control signal to the communication module of the blood flow restriction garment controller to control the valve to control the pressure in the air bladder (Paragraph 0083).
Regarding claim 34, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the exercise data indicates different levels of intensity for an exercise movement to be performed by the user, and wherein the electronic device determines that the pressure within the air bladder 120 needs changing to enable the user to perform the exercise movement at the different levels of intensity (Paragraph 0046 – 0047 & 0051)
Regarding claim 35, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the exercise data targets maintaining the same mechanical work rate by the user for a number of repetitions of an exercise movement to be performed by the user, and wherein the electronic device determines that the pressure within the air bladder 120 needs controlling to maintain the same mechanical work rate by the user for the repetitions. (Claim 11 & 13 / Paragraph 00105 - 00106)
Regarding claim 36, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the exercise data targets maintaining the same mechanical work rate by the user for the period of time the exercise movement is to be performed by the user, and wherein the electronic device determines that the pressure within the air bladder 120 needs controlling to maintain the same mechanical work rate by the user during the period of time. (Claim 11 & 13 / Paragraph 00105 - 00106)
Regarding claim 38, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the electronic device is arranged to determine that the identified exercise movement by the user deviates from the exercise data, and changes the exercise data in response to the deviation. (Paragraph 0101)
Regarding claim 39, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the electronic device is arranged to determine that the identified exercise movement by the user deviates from the exercise data, and determines that the pressure within the air bladder needs controlling to reduce the deviation. (Claim 11 discloses the pressure ranges that determine if the air bladder needs to be activated & Claim 20)
Regarding claim 40, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the electronic device is arranged to change the exercise data based upon the exercise movement data bank and the identified exercise movement by the user. (Paragraph 0050, 0089 & 00113)
Regarding claim 41, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses wherein the exercise data is based initially on user data, expert data and the exercise movement data bank. (Paragraph 0095, 00108 & 00116)
Regarding claim 42, Bowman discloses a blood flow restriction garment system as claimed in 28.
Bowman discloses comprising the blood flow restriction garment 110, wherein the blood flow restriction garment 110 comprises a controller receiving portion 116 arranged to receive the blood flow restriction garment controller 112 to releasably attach the controller to the blood flow restriction garment 110. (Paragraph 0051)
Regarding claim 43, A method of controlling an electronic device comprising:
retrieving exercise data, using electronic device processing means of the electronic device, wherein the exercise data indicates at least one exercise movement to be performed by a user of a blood flow restriction garment 110 (Paragraph 0022 & Claim 9);
identifying exercise movement by the user, using the electronic device processing means, based on analysis of at least one of a signal indicative of a measured pressure of an air bladder 120 of the blood flow restriction garment 110 and a signal indicative of a determined movement using a machine learning model trained with an exercise movement data bank comprising movement data and pressure data associated with different types of exercise movement (Claim 9 / Paragraph 00108);
wherein the signal indicative of the measured pressure of the air bladder 120 and the signal indicative of the determined movement are received from a blood flow restriction garment controller 112. (Paragraph 0062 – 0063 & 0067).
Regarding claim 44, Bowman discloses a method as claimed in claim 43.
Bowman discloses additionally comprising: controlling the pressure within the air bladder 120 in dependence upon the identified exercise movement by the user and the exercise data(Paragraph 0081 & 0090 / Claim 13); sending a control signal to a communication module of the blood flow restriction garment controller 112 to control the valve 138 & 139 to control the pressure in the air bladder 12. (Paragraph 0083)
Regarding claim 45, Bowman discloses a computer program product 245 which, which when executed on the electronic device processing means, is arranged to perform the method of claim 43. (Paragraph 00106)
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 37 is rejected under 35 U.S.C. 103 as being unpatentable over Bowman et al. (WO 2022020090 A1).
Regarding claim 37, Bowman discloses a blood flow restriction garment system as claimed in claim 26.
Bowman discloses pressure ranges which dictate if the pump must be activated or deactivated in order to achieve a programmed protocol parameter. (Claim 9 & 11 / Paragraph 108)
Bowman does not expressly disclose wherein the exercise data indicates a sequence of exercise movements to be performed sequentially by the user, and wherein the electronic device determines that the pressure within the air bladder needs controlling for the next exercise movement in the sequence.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Bowman to include wherein the exercise data indicates a sequence of exercise movements to be performed sequentially by the user, and wherein the electronic device determines that the pressure within the air bladder needs controlling for the next exercise movement in the sequence as it would ensure the air bladder is activated based on the pressure that is exerted. (Claim 9 & 11 / Paragraph 108) Meaning, if an exercise is changed, the air bladder will still be activated as it constantly measures the pressure and determine if the pump needs to be activated or deactivated to stabilize the pressure no matter the exercise. (Claim 11)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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