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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 10-16 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Brook et al (US10315402B2) herein referred to as “Brook” in view of Riaz (US20240008815A1).
Regarding claim 1, Brook discloses: A conductive transfer, ([Abstract] a conductive transfer) comprising: a conductive layer positioned between a first encapsulating layer and a second encapsulating layer forming at least one electrode ([col 3: lines 38-45] the conductive layer 204 is positioned between two non-conductive layers 202 and 203 which is seen as a first and second encapsulating layer respectively, thereby forming an electrode; See also FIG 2) having a contact surface, ([col 6: line 6] contains gaps to prove contact points which is seen as having a contact surface) said second encapsulating layer including an opening that exposes said conductive layer to provide an electrical contact of said at least one electrode ([col 6: lines 35-37] the second non-conductive ink layer, which is seen as the second encapsulating layer is exposed to provide a contact point which is seen as an electrical contact) and an adhesive layer for attaching said conductive transfer to a wearable item; ([col 3: line 43] contains an adhesive layer 205), however, Brook does not disclose: said at least one electrode includes at least one raised protrusion on said contact surface and said at least one raised protrusion configured to provide grip for the electrode;
Riaz discloses: said at least one electrode includes at least one raised protrusion on said contact surface and said at least one raised protrusion configured to provide grip for the electrode; ([0104] the article which is seen as the electrode, contains raised conductive region forming a raised electrode; having this raised region improves electrode contact particularly when the wearer is moving, which is seen as providing grip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrode as disclosed in Brook to include the raised protrusion as disclosed in Riaz. The motivation being that having a raised region is beneficial for improving electrode contact with the skin surface particularly when the wearer is moving. (Riaz [0104]).
Regarding claim 5, Brook discloses: The conductive transfer of claim 1, wherein said conductive layer is a conductive ink layer, said first encapsulating layer is a first encapsulating ink layer, and said second encapsulating layer is a second encapsulating ink layer ([col 3: lines 38-45] the conductive layer 204 is a conductive ink layer, and the two non-conductive layers 202 and 203 which is seen as a first and second encapsulating layer respectively, are non-conductive ink layers).
Regarding claim 6, Brook discloses: The conductive transfer of claim 1, however, Brook does not explicitly disclose: further comprising a processor electrically connected to said electrode.
Riaz discloses: further comprising a processor electrically connected to said electrode ([0134] the processor is connected to the electronics module 301 which is connected to the article 100 which is seen as the electrode).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer as disclosed in Brook to include the processor as disclosed in Riaz. The motivation being that having a processor allows for the activity of the user to be detected (Riaz [0134]).
Regarding claim 7, Brook discloses: The conductive transfer of claim 6, however, Brook does not explicitly disclose: further comprising an artificial neural network configured to identify patterns in output data.
Riaz discloses: further comprising an artificial neural network configured to identify patterns in output data ([0135] The processor may perform machine learning functions, which is seen as comprising an artificial neural network, so as to perform classifications, which is seen as identifying patterns in order to classify them).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer as disclosed in Brook to include an artificial neural network as disclosed in Riaz. The motivation being that having an artificial neural network reduces power consumption as it leaves the processor free to be able to perform other tasks. (Riaz [0135]).
Regarding claim 10, A wearable item ([col 2: line 33] a wearable item) comprising: a conductive transfer ([col 2: line 37] the wearable item comprising a conductive transfer) that comprises: a conductive layer positioned between a first encapsulating layer and a second encapsulating layer forming at least one electrode ([col 3: lines 38-45] the conductive layer 204 is positioned between two non-conductive layers 202 and 203 which is seen as a first and second encapsulating layer respectively, thereby forming an electrode; See also FIG 2) having a contact surface ([col 6: line 6] contains gaps to prove contact points which is seen as having a contact surface) said second encapsulating layer including an opening that exposes said conductive layer to provide an electrical contact of said at least one electrode ([col 6: lines 35-37] the second non-conductive ink layer, which is seen as the second encapsulating layer is exposed to provide a contact point which is seen as an electrical contact) and an adhesive layer for attaching said conductive transfer to the wearable item ([col 3: line 43] contains an adhesive layer 205), however, Brook does not disclose: said at least one electrode includes at least one raised protrusion on said contact surface and said at least one raised protrusion configured to provide grip for the electrode;
Riaz discloses: said at least one electrode includes at least one raised protrusion on said contact surface and said at least one raised protrusion configured to provide grip for the electrode; ([0104] the article which is seen as the electrode, contains raised conductive region forming a raised electrode; having this raised region improves electrode contact particularly when the wearer is moving, which is seen as providing grip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrode as disclosed in Brook to include the raised protrusion as disclosed in Riaz. The motivation being that having a raised region is beneficial for improving electrode contact with the skin surface particularly when the wearer is moving. (Riaz [0104]).
Regarding claim 11, Brook discloses: The wearable item of claim 10, however, Brook does not explicitly disclose: said wearable item comprising a compression fabric.
Riaz discloses: said wearable item comprising a compression fabric ([0058] the garment may be a compression garment which is seen as comprising a compression fabric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable item as disclosed in Brook to include compression fabric as disclosed in Riaz. The motivation being that a tight-fitting garment helps ensure that the sensor devices of the garment are held in contact with or in that proximity of a skin surface of the wearer. (Riaz [0058]).
Regarding claim 12, Brook discloses: The wearable item of claim 10, wherein said conductive transfer is configured to measure vital signs of a wearer of said wearable item, ([col 3: line 28] the conductive transfer in the patient garment monitors heart rate or other functions such as blood pressure which is seen as vital signs of a wearer) however, Brook does not explicitly disclose: measure signals to produce an electrocardiogram.
Riaz discloses: measure signals to produce an electrocardiogram ([0105] bioelectrical measurements include electrocardiograms).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable item as disclosed in Brook to include that it produces and electrocardiogram as disclosed in Riaz. The motivation being that this allows for vital signals of the user to be monitored and be used for therapy or treatment. (Riaz [0105]).
Regarding claim 13, Brook discloses: The wearable item of claim 10, however, Brook does not explicitly disclose: wherein said conductive transfer is configured to provide any one of the following to a wearer of said wearable item: electrical muscle stimulation; electrical nerve stimulation; electrical impedance tomography; electromyography; electroencephalography; electrotherapy in wound healing; electrogastrography; and electroglottography.
Riaz discloses: wherein said conductive transfer is configured to provide any one of the following to a wearer of said wearable item: electrical muscle stimulation; electrical nerve stimulation; electrical impedance tomography; electromyography; electroencephalography; electrotherapy in wound healing; electrogastrography; and electroglottography ([0105] bioelectrical measurements include electrogastrograms (EGG) which is seen as providing electrogastrography).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable item as disclosed in Brook to include producing an electrogastrography as disclosed in Riaz. The motivation being that this allows for vital signals of the user to be monitored and be used for therapy or treatment. (Riaz [0105]).
Regarding claim 14, Brook discloses: The wearable item of claim 10, however, Brook does not explicitly disclose: wherein said conductive transfer further comprises a processor configured to process data when on said wearable item.
Riaz discloses: wherein said conductive transfer further comprises a processor configured to process data when on said wearable item ([0134] the processor is connected to the electronics module 301 which is connected to the article 100 which is seen as the electrode, and processes signals from the garment, which is seen as processing data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer as disclosed in Brook to include the processor as disclosed in Riaz. The motivation being that having a processor allows for the activity of the user to be detected (Riaz [0134]).
Regarding claim 15, Brook discloses: The wearable item of claim 10, however, Brook does not explicitly disclose: wherein said conductive transfer further comprises a processor configured to transmit data from said conductive transfer for processing remotely in a storage cloud.
Riaz discloses: wherein said conductive transfer further comprises a processor configured to transmit data from said conductive transfer for processing remotely in a storage cloud ([0142] the circuitry includes a storage medium which is seen as being a storage cloud and can execute one or more processes from said storage medium which is seen as processing remotely).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer as disclosed in Brook to include a storage medium as disclosed in Riaz. The motivation being that it provides persistence and non-volatility. (Riaz [0142]).
Regarding claim 16, Brook discloses: The wearable item of claim 10, further comprising a connectable material and said conductive transfer further comprises a corresponding connectable material, such that said conductive transfer is attached to said wearable item by said connectable material ([col 8: lines 65-67] the adhesive which is used to connect the conductive transfer to the surface of a wearable item is seen as the connectable material).
Regarding claim 18, Brook discloses: A method of manufacturing a wearable item comprising a conductive transfer, ([col 1: lines 16-17] a method for producing conductive transfer and applying it to a surface which is seen as manufacturing a wearable item with a conductive transfer) comprising: printing a first encapsulating layer (See FIG 9, 901, where a first non-conductive ink substrate, which is seen as a first encapsulating layer is printed) and a second encapsulating layer (See FIG 9, 905 where a second non-conductive ink layer is printed) and a conductive layer between said first encapsulating layer and said second encapsulating layer to form at least one electrode having a contact surface, (See FIG 9, 903 where the conductive layer is printed between 901 and 905 forming an electrode and [col 6: lines 45-51] where the non-conductive ink layers seen as the encapsulating layers are exposed to have a contact surface) said second encapsulating layer printed to include an opening to expose the conductive layer and provide an electrical contact of said at least one electrode; ([col 5: lines 9-10] when the ink of the non- conductive ink layers are printed, they will expose the conductive layer) providing a wearable item; ([col 8: 58] the conductive transfer can be placed on a wearable item) locating said at least one electrode in position on said wearable item; ([col 8: 58] the conductive transfer can be placed on a wearable item) attaching said at least one electrode to said wearable item by an adhesive layer; ([col 8: lines 67]-[col 9: line 1] the adhesive layer attaches the conductive transfer to the wearable item), however, Brook does not disclose: embossing said at least one electrode to produce at least one raised protrusion configured to provide grip on said contact surface.
Riaz discloses: embossing said at least one electrode to produce at least one raised protrusion configured to provide grip on said contact surface ([0028] the conductive region, which is seen as the electrode is provided with a raised profile, which is seen as a protrusion, through the process of embossing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the manufacturing process as disclosed in Brook to include embossing and forming a protrusion as disclosed in Riaz. The motivation being that having a raised region is beneficial for improving electrode contact with the skin surface particularly when the wearer is moving. (Riaz [0104]).
Regarding claim 19, Brook discloses: The method of claim 18, however, Brook does not disclose: wherein said embossing is conducted following said attaching said at least one electrode to said wearable item
Riaz discloses: wherein said embossing is conducted following said attaching said at least one electrode to said wearable item ([0029] it is preferred that embossing occurs after the article comprising the already attached conductive region, seen as the electrode, to the textile).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as disclosed in Brook to include embossing as disclosed in Riaz. The motivation being that having a raised region is beneficial for improving electrode contact with the skin surface particularly when the wearer is moving. (Riaz [0104]).
Regarding claim 20, Brook discloses: The method of claim 18, however, Brook does not disclose: wherein said embossing is conducted prior to said attaching said at least one electrode to said wearable item.
Riaz discloses: wherein said embossing is conducted prior to said attaching said at least one electrode to said wearable item ([0029] the conductive material seen as the electrode may be applied to already formed embossed regions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as disclosed in Brook to include embossing as disclosed in Riaz. The motivation being that having a raised region is beneficial for improving electrode contact with the skin surface particularly when the wearer is moving. (Riaz [0104]).
Regarding claim 21, Brook discloses: The method of claim 18, however, Brook does not disclose: wherein the embossing produces said at least one raised protrusion by a mould.
Riaz discloses: wherein the embossing produces said at least one raised protrusion by a mould ([0071] embossing is used together with a mould to obtain the raised protrusion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as disclosed in Brook to include embossing using a mould as disclosed in Riaz. The motivation being that using a mould causes the electrode to be distorted and adopt the desired shape of the mold. (Riaz [0094]).
Regarding claim 22, Brook discloses: The method of claim 18, however, Brook does not explicitly disclose: wherein the embossing comprises an application of heat and pressure to electrodes to produce said raised protrusion.
Riaz discloses: wherein the embossing comprises an application of heat and pressure to electrodes to produce said raised protrusion ([0013] the embossing machine applied heat and/or pressure to cause the conductive material to retain the shape of the mould, in this case, the raised protrusion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as disclosed in Brook to include the application of heat as disclosed in Riaz. The motivation being that having a raised region is beneficial for improving electrode contact with the skin surface particularly when the wearer is moving. (Riaz [0104]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Brook in view of Riaz in further view of Swallow et al (US20200375290A1) herein referred to as “Swallow.”
Regarding claim 2, Brook in view of Riaz discloses: The conductive transfer of claim 1, however, Brook in view of Riaz does not disclose: further comprising: a first reinforcing layer positioned between said first encapsulating layer and said conductive layer; and a second reinforcing layer positioned between said second encapsulating layer and said conductive layer.
Swallow discloses: further comprising: a first reinforcing layer positioned between said first encapsulating layer and said conductive layer; (See FIG 7 where 14 is seen as the first reinforcing layer between 18 which is seen as the first encapsulating layer, and 12 which is the conductive layer) and a second reinforcing layer positioned between said second encapsulating layer and said conductive layer (See FIG 7 where 16 is seen as the second reinforcing layer between 20 which is seen as the second encapsulating layer, and 12 which is the conductive layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer as disclosed in Brook in view of Riaz to include the reinforcing layer as disclosed in Swallow. The motivation being that placing these reinforcing layers protects the encapsulating layers from humidity and moisture ingress. (Swallow [0088]).
Claims 4, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Brook in view of Riaz in further view of Lay (US20200360681A1) herein referred to as “Lay.”
Regarding claim 4, Brook in view of Riaz discloses: The conductive transfer of claim 1, however, Brook in view of Riaz does not explicitly disclose: wherein said conductive transfer comprises a plurality of electrodes that includes said at least one electrode.
Lay discloses: wherein said conductive transfer comprises a plurality of electrodes that includes said at least one electrode ([Abstract] comprises one or more electrodes formed from a conductive layer which is seen as the conductive transfer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer of Brook in view of Riaz to include a plurality of electrodes as disclosed in Lay. The motivation being that having more electrodes increases the modulus of the fabric which minimizes stretching and prevents undesirable increases in electrical resistance. (Lay [0029] and [0072]).
Regarding claim 8, Brook in view of Riaz discloses: The conductive transfer of claim 4, however, Brook in view of Riaz does not explicitly disclose: wherein each of said plurality of electrodes is connected by way of a conductive track.
Lay discloses: wherein each of said plurality of electrodes is connected by way of a conductive track ([0076] the electrodes are connected by a conductive track).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer of Brook in view of Riaz to include a plurality of electrodes connected by a conductive track as disclosed in Lay. The motivation being that having more electrodes increases the modulus of the fabric which minimizes stretching and prevents undesirable increases in electrical resistance. (Lay [0029] and [0072]).
Regarding claim 9, Brook in view of Riaz discloses: The conductive transfer of claim 8, however, Brook in view of Riaz does not explicitly disclose: wherein said conductive track comprises a printed conductive ink.
Lay discloses: wherein said conductive track comprises a printed conductive ink ([0080] the conductive track is formed from conductive material; [0083] the conductive material is conductive ink).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conductive transfer of Brook in view of Riaz to include a plurality of electrodes where the conductive track is printed from conductive ink as disclosed in Lay. The motivation being that having more electrodes increases the modulus of the fabric which minimizes stretching and prevents undesirable increases in electrical resistance. (Lay [0029] and [0072]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA M GANAN-SINGH whose telephone number is (571)272-3194. The examiner can normally be reached Monday to Friday 7:30am to 5:00pm.
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, Joanne M Rodden can be reached at 3032974276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.G.S/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights