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 .
Drawings
The drawings are objected to because Figure 6 is too dark/pixelated to properly discern details.
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.
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “40” has been used to designate both a guide zone and an activation unit.
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. 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.
Specification
The use of the term Velcro, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The use of the term Bluetooth, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4-7, 13-15, 20, 22, 24-26, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over John et al (20160213548) in view of Li et al (WO 2014022667).
Regarding Claim 1, John teaches a garment assembly for facilitating or resisting movement of a subject, wearing the garment assembly, comprising:
a garment (Figure 2),
a first anchor zone (top of garment), a second anchor zone (bottom of garment), each anchor zone acting to secure the garment to a respective body part of the subject, in use,
at least one smart material actuator (SMAs) (Detail 6) connected between the first anchor zone and second anchor zone, and forming a first group of SMAs (Figure 5),
a force translation mechanism connecting the first anchor zone to the second anchor zone and comprising the first group of SMAs (Figure 11),
wherein each SMA is arranged to operate in an idle or deactivated state, and an activated state triggered by a non-mechanical stimulus that causes at least one of:
a) a physical material property change; and
b) a geometrical change in the associated SMA, and an activation unit arranged to transmit said non-mechanical stimulus to each SMA in response to a defined activation sequence (Figure 1).
While John essentially teaches the invention as detailed, it fails to specifically teach at least one of the SMAs is a photo-responsive actuator, and the activation unit comprises a light source for transmitting light to activate at least part of the at least one SMA. Li, however, teaches that such SMAs are well known in the art (Figures 23A, 23B; Paragraphs 49, 50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the SMAs of Li in the garment of John, so as to precisely and accurately provide the actuation needed for function.
Regarding Claim 4, John teaches the at least one SMA is configured to mechanically contract or expand subject to receiving the non-mechanical stimulus (Paragraph 181).
Regarding Claim 5, John teaches at least two first smart material actuators (SMAs) connected in sequence between the first anchor zone and second anchor zone, and forming the first group of SMAs (Figure 5).
Regarding Claim 6, John teaches the activation unit is arranged to transmit said non-mechanical stimulus to each SMA individually (Paragraph 185).
Regarding Claim 7, John teaches the defined activation sequence is associated with a desired movement and/or orientation of a body part of the subject wearing the garment (Paragraph 189).
Regarding Claim 13, John teaches the force translation mechanism comprises at least one of:
a first linkage connected between and attached to the first anchor zone and an SMA closest in sequence to the first anchor zone (Figure 11),
a second linkage connected between and attached to two closest neighboring SMAs, and
a third linkage connected between and attached to the second anchor zone and a SMA closest in sequence to the second anchor zone.
Regarding Claim 14, John teaches the at least two SMAs are connected in sequence and form part of a laterally detached or laterally attached SMA array comprising more than one group of SMAs (Figure 5).
Regarding Claim 15, John teaches the first anchor zone and/or the second anchor zone comprises at least one second SMA arranged to mechanically contract in its activated state to secure the garment to the respective body part of the subject or to provide force feedback (Figure 4).
Regarding Claim 20, John teaches the first group of SMAs are either individual SMAs or SMAs connected in sequence, and wherein the first group of SMAs is along a first direction between first anchor zone and the second anchor zone and
wherein the first group of SMAs is formed in an array comprising at least one second group of individual or in-sequence connected SMAs, wherein the at least one second group of SMAs is arranged in parallel to the first direction (Figure 5, Paragraph 222).
Regarding Claim 22, John teaches the first group of SMAs are connected in sequence along a first direction between the first anchor zone and the second anchor zone, the garment assembly further comprising at least one second smart material actuator (SMAs) arranged between the first anchor zone and second anchor zone, and oriented along a second direction of the garment, and forming a second group of SMAs, wherein the first direction is different from the second direction (Figures 4, 5).
Regarding Claim 24, John teaches the second group of SMAs are formed in an array comprising at least one further second group of SMAs arranged in parallel to the second direction (Figure 4).
Regarding Claim 25, John teaches the first group of SMAs are arranged in a first layer of the garment, and a second group of SMAs are arranged in a second layer of the garment, wherein the second layer at least partly overlaps the first layer, wherein the first group of SMAs are oriented along a first direction between the first anchor zone and the second anchor zone, and wherein the second group of SMAs comprises at least one second smart material actuator (SMA) arranged between the first anchor zone and second anchor zone, and oriented along a second direction of the garment, and forming a second group of SMAs, wherein the first direction is different from the second direction (Figures 4, 5, 13).
Regarding Claim 26, John teaches the activation unit is at least one of:
a) releasably or fixedly attached to the garment; and
b) arranged to be attached to a body part of the subject, wearing the garment, in use (Figure 1, Detail 18).
Regarding Claim 29, Li teaches the activation unit uses light, and John teaches each SMA can be singly actuated, so a guide must be present to prevent more than one SMA being actuated.
Allowable Subject Matter
Claims 18, 19, and 30-33 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See of Record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732
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