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 .
DETAILED ACTION
This office action is in response to application filed on October 2, 2024. Claims 1-20 are currently pending in the application.
Drawings
The drawings filed on October 2, 2024 are objected to because Figures 1-8 are of poor quality. 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.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10, line 1, “The accessory (10) of claim 10” should recite “The accessory (10) of claim 9”.
Appropriate correction is required.
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 of this title, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Engelhard et al. (U.S. Publication No. 2015/0061867; hereinafter “Engelhard”) in view of Buchberger (U.S. Publication No. 2014/0283825; hereinafter “Buchberger”).
As per claim 1, Engelhard discloses an accessory (12) for retaining and securing a medical device (e.g., Figs. 1, 4-6; para. [0006], [0011], [0065]: “The accessory 12 can be configured to be removably and replaceably attached to the dispenser so as to allow the accessory 12 to be attached to the person's existing dispenser.”; also see para. [0115]-0118]: attachment mechanisms (cavity, strap, clip, magnet, press fit); and para. [0120]-[0122]: cap embodiments includes cavity 308 receiving portion of inhaler), the accessory (12) comprising:
a container including the attachment mechanism of the accessory 302 includes a cavity 308 formed in the housing 300. The cavity 308 can be configured to receive a portion of the dispenser 304 therein, e.g., an end portion of the dispenser 304.”; also see para. [0112]-[0113]: housing 42 houses all components; the housing 42 can be formed from polymers (rigid or flexible); the housing 42 may be flexible, waterproof, sealed; and para. [0125]-[0129]: proximal cap 406 and distal base 404 forming enclosed housing); and
an electronics assembly housing 42 houses electronics; the housing 42 can be formed from polymers (rigid or flexible); the housing 42 may be flexible, waterproof, sealed; para. [0121]: includes printed circuit board (PCB)), the electronics assembly including a battery source (power source 36) electrically connected to a programmable logic controller (processor 34) and transceiver (network interface 32) (see e.g., para. [0066]; also see para. [0051], [0055]-[0057] & [0112]),
wherein the electronics assembly is configured with hardware to transmit a location of the accessory via the transceiver (see e.g., para. [0051]: wireless transmission of data; para. [0075]-[0076]: sensor 28 may include a global positioning system (GPS) sensor; location data used in processing; and para. [0175]: geographic location can be used for passive detection).
Engelhard does not explicitly disclose a container including at least one layer of material; and an electronics assembly sewn into the at least one layer of material.
However, in the same field of endeavor, Buchberger teaches: a container including at least one layer of material (e.g., para. [0048]-[0049], [0132]: an inhalator comprising a layered structure including composites with at least two layers (fabric, nonwoven, metal wire, foil, or foam) connected by sintering, welding, or heat treatment); and an electronics assembly sewn into the at least one layer of material (e.g., para. [0049]: some layers perform dual functions, e.g., a metal wire fabric layer provides heating (electrical function) and capillary effect (fluid transport); i.e., the planar composite integrates functional components directly into the layer; also see Figs. 21-25; para. [0151]-[0152]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Engelhard’s polymer housing with Buchberger’s layered composite structure, embedding the electronics into the fabric or composite layers. Doing so creates a textile-integrated electronics assembly capable of maintaining electrical and functional integrity across multiple layers.
As per claim 2, claim 1 is incorporated and the combination further teaches: wherein the electronics assembly further includes a speaker device in electrical communication with the other components of the electronic assembly, the speaker configured to emit an auditory notification (see Engelhard, e.g., para. [0047] & [0087]-[0088]: the accessory can include a speaker configured to output an audible sound).
As per claim 3, claim 1 is incorporated and the combination further teaches: wherein the at least one layer of material defines a flexible and stretchable fabric material (see Engelhard, e.g., para. [0112]-[0113]: the housing 42 can be formed from polymers (rigid or flexible); the housing 42 may be flexible, waterproof, sealed; Buchberger, e.g., para. [0048]-[0049]: discloses nonwoven, fiber, open-pored fabric layer).
As per claim 4, claim 1 is incorporated and the combination further teaches: wherein the container includes two layers of material, an interior layer and an exterior layer (see Buchberger, e.g., para. [0048]-[0049]: discloses multi-layer composites).
As per claim 5, claim 4 is incorporated and the combination further teaches: wherein the interior layer is made of a material having properties selected from the group consisting of hypoallergenic, antimicrobial, compressive, air permeability, moisture permeability, and a combination of these properties (see Buchberger, e.g., para. [0049], [0072], [0138] & [0151]: the properties of the fabric layer can be selected; therefore, the interior layer can possess the claimed properties).
As per claim 6, claim 4 is incorporated and the combination further teaches: wherein the exterior layer is made of a material having properties selected from the group consisting of hypoallergenic, antimicrobial, compressive, air permeability, moisture permeability, and a combination of these properties (see Buchberger, e.g., para. [0049], [0072], [0138] & [0151]: the properties of the exterior layer can be selected; therefore, the exterior layer can possess the claimed properties).
As per claim 7, claim 1 is incorporated and the combination further teaches: wherein the material of the least one layer is selected from the group consisting of cotton, viscose fibers, polyester, polyamide, polypropylene, viscose rayon, rayon, yarns, elastomeric yarns, silk, linen, wool, microfiber, bamboo viscose, and combinations thereof (see Buchberger, e.g., para. [0048]-[0049], [0132] & [0151]: the nonwoven/fabric layer material can be selected, for example, from known textile materials).
As per claim 8, claim 1 is incorporated and the combination further teaches: wherein the first end is permanently closed (see Buchberger, e.g., para. [0048]-[0049] & [0132]: the layered composite can be permanently closed via stitching/sintering).
As per claim 9, claim 8 is incorporated and the combination further teaches: wherein the second end includes a fastener for selectively opening and closing the second end (see Engelhard, e.g., para. [0115]; Buchberger, e.g., para. [0048]-[0049], [0151] & [0153]: the composite can accept fastener).
As per claim 10, claim 9 is incorporated and the combination further teaches: wherein the fastener is selected from the group consisting of hook and loop fasteners, snaps, buttons, zippers, hooks, ties, and combinations thereof (see Engelhard, e.g., para. [0115]: hook and release mechanism; and Buchberger, e.g., para. [0048]-[0049], [0151] & [0153]: the composite supports attachment, and alternative fastening mechanisms may be implemented).
As per claim 11, claim 1 is incorporated and the combination further teaches: wherein the first end and the second end include a fastener for selectively opening and closing the first end and second end (see Engelhard, e.g., para. [0115]; Buchberger, e.g., para. [0048]-[0049], [0132], [0151] & [0153]: the composite can support fasteners on both ends).
As per claim 12, claim 11 is incorporated and the combination further teaches: wherein the fastener is selected from the group consisting of hook and loop fasteners, snaps, buttons, zippers, hooks, ties, and combination thereof (see Engelhard, e.g., para. [0115]: hook and release mechanism; and Buchberger, e.g., para. [0048]-[0049], [0151] & [0153]: the composite supports attachment, and alternative fastening mechanisms may be implemented).
As per claim 13, claim 1 is incorporated and the combination further teaches: wherein the container further includes a ring extension (see Engelhard, e.g., para. [0115]: “The accessory 12 can be included as part of a kit including a plurality of differently sized and/or differently shaped members (e.g., flexible rings, rigid rings, etc.) configured to be selectively attached to the accessory 12 to facilitate press fit of the accessory 12 to a particular dispenser.”; Buchberger, para. [0049]: the composite can support ring attachment, and this capability would have been obvious).
As per claim 14, claim 13 is incorporated and the combination further teaches: wherein the ring extension is integrally sewn onto the at least one layer of material (see Engelhard, e.g., para. [0112]-[0113]: housing 42 houses electronics; the housing 42 can be formed from polymers (rigid or flexible); the housing 42 may be flexible, waterproof, sealed; Buchberger, e.g., para. [0049]: the planar composite integrates functional components directly into the layer).
As per claim 15, claim 13 is incorporated and the combination further teaches: wherein the ring extension defines a metal ring (see Engelhard, e.g., para. [0115]; Buchberger, e.g., para. [0049]: the composite can support a metal ring attachment, and this capability would have been obvious).
As per claim 16, Engelhard discloses an accessory (12) for retaining and securing a medical device (e.g., Figs. 1, 4-6; para. [0006], [0011], [0065]: “The accessory 12 can be configured to be removably and replaceably attached to the dispenser so as to allow the accessory 12 to be attached to the person's existing dispenser.”; also see para. [0115]-0118]: attachment mechanisms (cavity, strap, clip, magnet, press fit); and para. [0120]-[0122]: cap embodiments includes cavity 308 receiving portion of inhaler), the accessory (12) comprising:
a container the attachment mechanism of the accessory 302 includes a cavity 308 formed in the housing 300. The cavity 308 can be configured to receive a portion of the dispenser 304 therein, e.g., an end portion of the dispenser 304.”; also see para. [0112]-[0113]: housing 42 houses all components; the housing 42 can be formed from polymers (rigid or flexible); the housing 42 may be flexible, waterproof, sealed; and para. [0125]-[0129]: proximal cap 406 and distal base 404 forming enclosed housing); and
an electronics assembly housing 42 houses electronics; the housing 42 can be formed from polymers (rigid or flexible); the housing 42 may be flexible, waterproof, sealed; para. [0121]: includes printed circuit board (PCB)), the electronics assembly including a battery source (power source 36) electrically connected to a programmable logic controller (processor 34) and speaker (a speaker configured to output an audible sound) (see e.g., para. [0055]-[0057], [0066], [0088]-[0089] & [0112]),
wherein the electronics assembly is configured with hardware configured to emit an auditory notification from the speaker (see e.g., para. [0047] & [0087]-[0088]: the accessory can include a speaker configured to output an audible sound).
Engelhard does not explicitly disclose a container including at least one layer of material; and an electronics assembly sewn into the at least one layer of material.
However, in the same field of endeavor, Buchberger teaches: a container including at least one layer of material (e.g., para. [0048]-[0049], [0132]: an inhalator comprising a layered structure including composites with at least two layers (fabric, nonwoven, metal wire, foil, or foam) connected by sintering, welding, or heat treatment); and an electronics assembly sewn into the at least one layer of material (e.g., para. [0049]: some layers perform dual functions, e.g., a metal wire fabric layer provides heating (electrical function) and capillary effect (fluid transport); i.e., the planar composite integrates functional components directly into the layer; also see Figs. 21-25; para. [0151]-[0152]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Engelhard’s polymer housing with Buchberger’s layered composite structure, embedding the electronics into the fabric or composite layers. Doing so creates a textile-integrated electronics assembly capable of maintaining electrical and functional integrity across multiple layers.
As per claim 17, claim 16 is incorporated and the combination further teaches: wherein the electronics assembly further includes a transceiver (network interface 32) device in electrical communication with the other components of the electronic assembly (Engelhard, e.g., para. [0051], [0066] & [0112]), electronics assembly configured with hardware to transmit a location of the accessory via the transceiver (see Engelhard, e.g., para. [0051]: wireless transmission of data; para. [0075]-[0076]: sensor 28 may include a global positioning system (GPS) sensor; location data used in processing; and para. [0175]: geographic location can be used for passive detection).
Claims 18-20 are rejected for the same reasons set forth for claims 8-10 because they contain similar limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of References Cited for a listing of analogous art.
Tunnell et al. (U.S. Publication No. 2015/0174348) discloses a monitor system for detecting usage of an inhaler, the monitor system comprising a compact housing configured to be removably connectable to an inhaler that is configured to enclose and deliver inhalable medication to a user.
Clark (U.S. Patent No. 7082943) discloses a fabric inhaler cover with a tubular main portion to substantially enclose the inhaler body and a fabric cap hood.
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/ADNAN AZIZ/Primary Examiner, Art Unit 2685 adnan.aziz@uspto.gov