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 02/10/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 16 is objected to because of the following informalities: the phrase “an electronic device” in line 2 should be amended to read –the electronic device--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 17 and 18 are 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 17 recites the limitation "the user" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 4-7, 9-13, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Esposito et al (US 2013/0192071).
As to claims 1, 2 and 10, Esposito discloses a system and method for monitoring a user (sensing devices including flexible and stretchable fabric-based pressure sensors, may be associated with or incorporated in garments intended to be worn against a body surface, abstract, par.48, fig.1-5), the system comprising:
a garment configured to be placed on a foot of the user (a substrate material in the form of a sock may be equipped with one or more sensors, par.48);
a packaging sensor (magnetic sensor/snap switches in the socks that connects to mating magnetic sensors/switches in DED, par.51) coupled to the garment and configured to detect separation of the garment (circuitry in the DED may provide the ability to automatically turn the data collection on and off, for example, based on the presence of the magnetic connection between the DED and the sensor system, par.51) (Examiner respectfully notes, that based on presence also encompass non-presence/separation of the sensor system to switch the system off/no data collection); and packaging associated with the garment (packaging is the detachable electronic device (DED) that attaches and covers upper portion of the socks, and the barrier that is placed to seal the sensor(s) alone, or the leads and/or traces, par.14, par.50 and par.67-68);
wherein the garment comprises at least one temperature sensor to measure at least one temperature on the foot of the user (the sock includes temperature sensor that measures temperature at an area of the foot, par.48, par.88); and
at least one processor (circuitry in the DED having data recording, processing and/or analysis capabilities, par.8, par.17-18, par.51-54) configured to transition the garment from an inactive state to an active state at least partially based on the detection of separation of the garment and the packaging (circuitry in the DED may provide the ability to automatically turn the data collection on and off, for example, based on the presence of the magnetic connection between the DED and the sensor system, par.51)(Examiner respectfully notes that when the circuitry in DED detects presence/attachment of the sensor it turns the system on/active state for data collection, and when the system detect separation/detachment of the sensor it switches the system off/inactive state for no data collection).
As to claims 4 and 11, Esposito discloses the system and method, wherein the garment further comprises a power source (DED may also (optionally) house batteries or other energy storage devices and serve as a sensor charging device, par.8, par.18), and wherein the at least one processor is configured to reduce use of energy to low-energy use from the power source when the garment is in the inactive state (when the data collection system is automatically turned off to be in an inactive state, that inherently reduces energy consumption, par.51).
As to claim 5, Esposito discloses the system and method, wherein the at least one processor is configured to receive temperature data from the at least one temperature sensor (measuring temperature from temperature sensor in the sock, par.12, par.48 and par.88) when the garment is in the active state (circuitry in the DED may be provided for reading the sensor signals, par.52-54)
As to claims 6, 15 and 16, Esposito discloses the system and method, wherein the garment is paired with an electronic device such that the garment communicates temperature data to the electronic device when the garment is in the active state (DED in socks pairs with external computing device, wherein all data including temperature is transferred and communicated from the DED to the external device, while the DED is attached to the sensor system in the socks/active state, par.22, par.52-54).
As to claims 7 and 13, Esposito discloses the system and method, wherein the packaging sensor comprises a Hall effect sensor and the packaging comprises at least one magnet configured to generate a magnetic field proximate the Hall effect sensor (magnetic field effect between magnetic sensor/snap switches in the socks that connects to mating magnetic sensors/switches in DED, that allows eh circuitry in the DED may provide the ability to automatically turn the data collection on and off, for example, based on the presence of the magnetic connection between the DED and the sensor system, par.51 and par.60).
As to claim 9, Esposito discloses the system, wherein the packaging comprises a sleeve configured to wrap at least partially around the garment (DED that attaches and covers upper portion of the socks, and the sandwich- or envelope-type barrier that is placed to seal the sensor(s) alone, or the leads and/or traces, par.14, par.50 and par.67-68, fig.4).
As to claim 12, Esposito discloses the system, wherein the garment is operated in the inactive state during at least one of storage and transport of the garment (storing and transporting the socks must be done when the user is not wearing the socks and inherently that will be when the sensor system is offline, par.21, par.51 and par.60).
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.
Claim(s) 3 and 17-20 is/are rejected under 35 U.S.C. 103 as being obvious over Esposito et al (US 2013/0192071) in view of Ma (US 2017/0188841).
As to claim 3, Esposito discloses the socks having a temperature sensor to measure temperature at a location of an individual’s foot (par.48 and par.88), but failed to explicitly teach the garment comprises a sock and a plurality of temperature sensors to measure temperatures on multiple locations of the foot of the user.
However, Ma teaches an analogous socks system (abstract, fig.1-5) having a plurality of temperature sensors (112, par.21, fig.4-5) to measure temperatures on multiple locations of the foot of the user (par.23, as best seen in fig.5).
Since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8., so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to include a plurality of temperature sensors instead of only one temperature sensors in Esposito’s invention, as taught by Ma’a invention for the same purpose to measure temperature at multiple locations on the foot, to obtain more reliable information about the foot status of the user.
As to claims 17-20, Esposito discloses the invention substantially as claimed above, but failed to explicitly teach wherein predicting that the garment is placed on a user comprises detecting at least one of motion and a predetermined orientation of the garment.
However, Ma teaches an analogous socks system (abstract, fig.1-5), wherein predicting that the garment is placed on a user comprises detecting at least one of motion and a predetermined orientation of the garment (left and right socks can similarly include motion sensors (e.g., accelerometers, gyroscopes), and the left and right controllers can estimate their placement on the user's feet when outputs of these motion sensors remain substantially similar but vary globally over time, par.37).
As the use of motions sensors in socks to estimate their placement on the user's feet is well-known in the art, so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to include motion sensors in the socks taught by Esposito’s invention along with the magnet sensors, as motion sensors taught by Ma’a invention for the same purpose of predicting the placement of the socks on the user’s foot to start data collection, as taught by Ma’s invention (par.37).
Claim(s) 8 and 14 is/are rejected under 35 U.S.C. 103 as being obvious over Esposito et al (US 2013/0192071) in view of Harsdorff et al (US 2019/0287374).
As to claims 8 and 14, Esposito discloses the invention substantially as claimed above, wherein magnetic field is used to determine proximity/attachment of the socks and other component/DED, but failed to explicitly teach wherein the packaging sensor comprises a light sensor configured to detect light when the garment is separated from the packaging.
However, Harsdorff teaches socks system (abstract, fig.1) in the same filed of endeavor, wherein proximity sensors are used to sense proximity and/or separation of the socks from different objects, wherein proximity sensors may emit an electromagnetic field or a beam of electromagnetic radiation (e.g. infrared light, for instance), capacitive or photoelectric sensor, and the sensor may determine proximity based on changes in the field or return signal (par.167).
Since light/photoelectric proximity sensors are well-known in the field, so it would have been obvious to one having an ordinary skill in the art before the effective filing date of the invention to substitute magnetic sensors/switches and/or to include a light sensor in Esposito’s invention for the same purpose of determining proximity and/or separation of objects from the socks, as taught by Harsdorff’s invention (par.167).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY A ABOUELELA whose telephone number is (571)270-7917. The examiner can normally be reached 8-5.
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/MAY A ABOUELELA/Primary Examiner, Art Unit 3791
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