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 Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the outer portion of the second layer" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 3 has support for the outer portion of the planar base comprising the second layer, but it is not clear if claim 6 is referring to the same outer portion or an additional outer portion.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams (US 7810172 B2).
As to claim 1, Williams discloses a garment for an infant, comprising: a garment configured to be worn about a portion of a body of the infant (garment 10), the garment comprising a planar base having a longitudinal axis (garment panel 12) and a planar strap extending upward and away from a top portion of the planar base (shaded in annotated FIG 2 below); wherein the planar base comprises a through-hole configured to receive a portion of a sensing module therein (aperture 28 is capable of receiving a portion of a sensing module).
Williams FIG 2 shows the planar strap appears to be extending at an angle between 20 and 60 degrees relative to an axis that is normal to the longitudinal axis of the planar base but is silent as to the specific angle.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide an angle between 20 and 60 degrees in order to provide the desired fit for aesthetics, freedom of movement, and comfort for the wearer.
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As to claim 2, Williams discloses the garment of claim 1, wherein the planar base comprises an inner portion circumscribed by an outer portion (see annotated FIG 5 below), the inner portion configured to flex with respect to the outer portion (capable of flexing, due to being fabric which is known to have a degree of flexibility; col 6 line 44-50 discloses the garment 10 is fabric), wherein the through-hole is disposed in the inner portion (FIG 5).
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As to claim 3, Williams discloses the garment of claim 2, wherein the planar base comprises a first layer (36) and a second layer (34), the inner portion and outer portion of the planar base comprising the second layer (FIG 5), the first layer being continuous and the second layer being discontinuous (FIG 5; the second layer is discontinuous because it is interrupted by aperture 28).
As to claim 4, Williams discloses the garment of claim 3, wherein an outer perimeter of the first layer is shaped to approximate an outer perimeter of the outer portion of the second layer (both outer perimeters are rectangles and so “approximate” one another).
As to claim 5, Williams does not disclose the garment of claim 3, wherein the first layer comprises a material that is more elastic than a material of the second layer.
Williams is silent as to the elasticity of the two layers.
One of ordinary skill would recognize that the materials are limited to three options: 1) the first layer is more elastic than the second, 2) the first layer is less elastic than the second, or 3) the layers have equal elasticity. With there being only three possibilities, it would be within the scope of routine experimentation to arrive at one of these possibilities, and any one of the three possibilities would be obvious to one of ordinary skill.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first layer comprising a material that is more elastic than a material of the second layer, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
As to claim 6, Williams discloses the garment of claim 3, wherein the outer portion of the second layer comprises a void shaped to approximate the inner portion (auxiliary compartment 27 is shaped to “approximate” the inner portion, as the void 27 and inner portion are both rectangles), a shape of the inner portion being smaller than the shape of the void of the outer portion (FIG 5).
As to claim 7, Williams discloses the garment of claim 3, further comprising a sensing module coupled to the inner portion (col 11 line 25-35 discloses pocket 13 is intended to couple a medical device to the garment including the inner portion, either directly or indirectly; col 2 line 60-67 discloses the medical device may be sensors and their associated structures).
Williams does not disclose the sensing module shaped to approximate the inner portion.
It is known to provide pockets that are the approximate shape of the object they are intended to hold.
Williams does disclose the pocket serves to conceal and support the medical devices (col 12 line 1-10). One of ordinary skill would recognize that a sensing module “shaped to approximate” the inner portion such as a rectangular sensing module would be a matter of aesthetics that would not affect the function of the garment.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a sensing module “shaped to approximate” the inner portion such as a rectangular sensing module in order to provide a known shape to conceal the appearance of housing a sensing module within the pocket.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton 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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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/Primary Examiner, Art Unit 3732
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