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 1 is objected to because of the following informalities: there is a grammatical mistake within the claim.
In claim 1, line 4 it appears “each of the one or more one or more sensors” should read “each of the one or more sensors”.
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.
Claims 1-7, 10-13, 15-18, 20-23, and 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daniels et al. (US Pub.: 2020/0353239 A1).
Regarding claim 1, Daniels discloses a physiologically responsive electrical muscle stimulation (EMS) suit apparatus (e.g. Fig. 3(a)-3(c); paragraph 0327), the apparatus comprising:
a wearable region (e.g. Fig. 3(a)-3(c)
comprising one or more sensors (e.g. Fig. 15; paragraphs 0289; 0295 – transducer, detector, sensor, and IMU)
configured to determine one or more indicators of muscle density (e.g. paragraph 0327 – determination of muscle density and muscle strength), each of the one or more one or more sensors operably connected to a processing unit configured to interpret data from the one or more sensors (e.g. paragraphs 0289-0290);
a plurality of electrode assemblies on an inner surface of the wearable region each of the electrode assemblies operably connected to the processing unit (e.g. Figs. 6(b) and 15 – individually addressable electrodes E1-E15; paragraph 0290);
and a controller electrically connected the plurality of electrode assemblies, the controller configured to initiate EMS via the plurality of electrode assemblies (e.g. Fig. 15; paragraphs 0033; 0290 – the microprocessor can control the electrode multiplex circuit to route the stimulation electrical signals from the signal generator simultaneously through more than one of the plurality of individually addressable electrodes) according to a stimulation regime based on the data received from the one or more sensors (e.g. paragraph 0318).
Regarding claim 2, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein the wearable region comprise an upper torso region (e.g. Fig. 3(a)-3(c); paragraph 0232).
Regarding claim 3, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein the one or more sensors comprise at least one optical sensor configured to penetrate muscle tissue with light emitted therefrom, wherein the emitted light is modified by the muscle tissue (e.g. paragraphs 0265; 0360).
Regarding claim 4, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein the emitted light is configured to be reflected by muscle tissue and the at least one optical sensor is configured to receive the reflected light, the reflected having different attributes compared to the emitted light (e.g. paragraphs 0265; 0360).
Regarding claim 5, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein stimulation regime is adjustable based on subsequent sensor data (e.g. paragraph 0318).
Regarding claim 6, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein each of the one or more sensors are associated with the plurality of electrode assemblies, wherein a sensor transmission element and a sensor receiver element are coupled to the electrode assembly (e.g. Fig. 15; paragraph 0289).
Regarding claim 7, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein the stimulation regime defines a duration, intensity, location, pulse pattern, or stimulation sequence (e.g. paragraphs 0298; 0317 – intensity, treatment time and location of activation).
Regarding claim 10, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein the controller is configured to dynamically adjust a user-specific maximum EMS power (e.g. paragraph 0318).
Regarding claim 11, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches the stimulation regime is user-specific and is dynamically adjusted based on subsequent sensor data (e.g. paragraph 0318).
Regarding claim 12, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein at least one sensor is a bioelectrical impedance sensor configured to acquire user-specific data based on biological tissue modification of an electrical pulse transmitted by the one or more sensors (e.g. paragraph 0309).
Regarding claim 13, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein at least one sensor is an optical sensor configured to acquire user-specific data based on biological tissue modification of a light transmitted by the one or more sensors (e.g. paragraphs 0265; 0360).
Regarding claim 15, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein the EMS apparatus is configured to determine muscle density (e.g. paragraph 0327).
Regarding claim 16, Daniels discloses the apparatus of claim 1 as discussed above, and Daniels further teaches wherein the one or more indicators of muscle density comprises muscle volume, muscle composition, muscle mass, muscle attenuation, muscle resistance, or muscle tone (e.g. paragraph 0327 – muscle resistance).
Regarding claim 17, Daniels discloses a method of electrical muscle stimulation (EMS) (e.g. Fig. 3(a)-3(c); paragraph 0327), the method comprising:
determining one or more indicators of muscle density with a plurality of sensors associated with an EMS suit apparatus (e.g. paragraphs 0289, 0295, 0327),
wherein the plurality of sensors transmit data comprising the one or more indicators of muscle density to a processing unit (e.g. paragraphs 0289-0290),
wherein the measurement of muscle density is a calculated density as a function of muscle mass and muscle volume as measured one or more of the plurality of sensors (e.g. paragraphs 0289, 0295, 0327);
establishing a stimulation regime based on the transmitted data (e.g. paragraph 0318), wherein the processing unit is operably connected to a controller configured to deliver EMS via a plurality of electrode assemblies associated with the EMS suit apparatus (e.g. Fig. 15; paragraphs 0033; 0290);
applying EMS to the user based on the established stimulation regime (e.g. paragraphs 0317-0318), wherein the applied EMS is adjustable by a user based on user-specific maximum EMS power (e.g. paragraphs 0317-0318).
Regarding claim 18, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches wherein the initial baseline EMS power is a function of one or more of: current amplitude, frequency, and pulse width (e.g. paragraphs 0298; 0317).
Regarding claim 20, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches wherein the muscle density is a calculated value including data received by one or more of the sensors and user-provided self-reporting data (e.g. paragraph 0327).
Regarding claim 21, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches wherein the maximum EMS power is dynamically adjusted, wherein the plurality of sensors continuously acquire data and wherein the EMS power is dynamically adjusted based on subsequently acquired data (e.g. paragraph 0318).
Regarding claim 22, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches wherein the plurality of sensors comprise at least one optical sensor configured to emit light into one or more body tissues of the user (e.g. paragraphs 0265; 0360).
Regarding claim 23, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches wherein the plurality of sensors comprises a bioelectrical impedance sensor (e.g. paragraph 0309).
Regarding claim 25, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches wherein the plurality of sensors comprises a pressure sensor (e.g. paragraph 0360).
Regarding claim 26, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches further comprising selectively engaging one or more of the plurality of sensors, wherein the plurality of sensors comprises one or more active sensors engaged by the user (e.g. paragraphs 0022; 0276).
Regarding claim 27, Daniels discloses the method of claim 17 as discussed above, and Daniels further teaches wherein the one or more indicators of muscle density comprises muscle volume, muscle composition, muscle mass, muscle attenuation, muscle resistance, or muscle tone (e.g. paragraph 0327 – muscle resistance).
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 14 and 24 are rejected under 35 U.S.C 103 as being unpatentable over Daniels and further in view of McKay et al. (US Patent No.: 10,602,929 B1).
Regarding claim 14, Daniels discloses the apparatus of claim 1 as discussed above. However, Daniels does not explicitly teach wherein at least one sensor is an ultrasonic sensor configured to acquire user-specific data based on biological tissue modification of ultrasonic waves transmitted by the one or more sensors.
McKay, in a same field of endeavor of wearable physiological monitoring garments, discloses wherein at least one sensor is an ultrasonic sensor configured to acquire user-specific data based on biological tissue modification of ultrasonic waves transmitted by the one or more sensors (e.g. Fig. 23 – ultrasonic sensors 160; column 9 lines 15-19).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Daniels to incorporate at least one ultrasonic sensor configured to acquire user-specific data based on biological tissue modification of ultrasonic waves transmitted by the one or more sensors, as taught and suggested by McKay, in order to be able to make an assessment of the alignment of a user’s spine, muscles, clavicle, and back before and after an exercise such a sports game (McKay, column 9 lines 17-19).
Regarding claim 24, Daniels discloses the method of claim 17 as discussed above.
However, Daniels does not explicitly teach wherein the plurality of sensors comprises an ultrasonic sensor.
McKay, in a same field of endeavor of wearable physiological monitoring garments, discloses wherein the plurality of sensors comprises an ultrasonic sensor (e.g. Fig. 23 – ultrasonic sensors 160; column 9 lines 15-19).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Daniels to incorporate wherein the plurality of sensors comprises an ultrasonic sensor, as taught and suggested by McKay, in order to be able to make an assessment of the alignment of a user’s spine, muscles, clavicle, and back before and after an exercise such a sports game (McKay, column 9 lines 17-19).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL TEHRANI whose telephone number is (571)270-0697. The examiner can normally be reached 9:00am-5:00pm.
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/D.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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