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
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 15, 16, 18 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 15 (16, 18 by dependency) recites “a second electrode module” without claiming a first module. It is unclear how many modules there are.
Claim 15 (16, 18 by dependency) recites “the second electrode module includes at least one second electrode” without claiming a first electrode. It is unclear how many electrodes there are.
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.
Claim(s) 1-6, 9, 10, 14, 15, 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yong et al. (KR 20200116658 A - cited by Applicant, full translation provided by Examiner), hereinafter Yong.
Regarding Claim 1, Yong teaches: A wearable device, comprising:
Pants (figure 1); and
a sensor assembly fixed on the pants (figure 1), wherein the sensor assembly includes at least one circumferential strain sensor (element 13), the at least one circumferential strain sensor extends along a circumferential direction of a pant leg of the pants and is configured to measure a circumferential dimension of a leg of a user (figure 1; claims 1 and 2).
Regarding Claim 2, Yong teaches: The wearable device of claim 1, wherein the at least one circumferential strain sensor includes:
a first strain sensor, the first strain sensor being disposed in a thigh region of the pant leg and extending along a circumferential direction of the thigh region to measure a circumferential dimension of a thigh of the user (figure 1); and
a second strain sensor, the second strain sensor being disposed in a calf region of the pant leg and extending along a circumferential direction of the calf region to measure a circumferential dimension of a calf of the user (figure 1).
Regarding Claim 3, Yong teaches: The wearable device of claim 2, wherein
the at least one circumferential strain sensor includes a plurality of first strain sensors, the plurality of first strain sensors being spaced apart in a length direction of the pant leg; and/or
the at least one circumferential strain sensor includes a plurality of second strain sensors, the plurality of the second strain sensors being spaced apart in the length direction of the pant leg (figure 1).
Regarding Claim 4, Yong teaches: The wearable device of claim 1, wherein the at least one circumferential strain sensor includes a third strain sensor, the third strain sensor is disposed in a waist region of the pants and extends along a circumferential direction of the waist region to measure a circumferential dimension of the waist of the user (figure 1).
Regarding Claim 5, Yong teaches: The wearable device of claim 2, wherein the sensor assembly further includes at least one longitudinal strain sensor, the longitudinal strain sensor extends along a length direction of the pant leg, at least a portion of the longitudinal strain sensor is located in the thigh region, and at least another portion of the longitudinal strain sensor is located in the calf region (figure 1) .
Regarding Claim 6, Yong teaches: The wearable device of claim 5, wherein the at least one longitudinal strain sensor and the at least one circumferential strain sensor are located on a same bearing layer, and the at least one longitudinal strain sensor and the at least one circumferential strain sensor are arranged adjacent to each other (abstract; claim 1).
Regarding Claim 9, Yong teaches: The wearable device of claim 5, wherein the at least one longitudinal strain sensor includes a plurality of longitudinal strain sensors, the plurality of longitudinal strain sensors are spaced apart along the circumferential direction of the pant leg (figure 1).
Regarding Claim 10, Yong teaches: The wearable device of claim 5, wherein the at least one longitudinal strain sensor is located in a region of the pant leg that faces towards or is away from the other pant leg of the pants (figure 1).
Regarding Claim 14, Yong teaches: The wearable device of claim 1, further comprising a processing circuit (element 15), wherein
the processing circuit is integrated in a waist region of the pants (figure 1); and
the processing circuit is configured to process or send the circumferential dimension of the leg of the user (paragraph 0040-0044).
Regarding Claim 15, Yong teaches: A wearable device, comprising:
Pants (figure 1); and
a sensor assembly fixed on the pants (figure 1), wherein the sensor assembly includes a second electrode module, the second electrode module includes at least one second electrode, the at least one second electrode extends along a circumferential direction of a pant leg of the pants, and the second electrode module is configured to measure a circumferential dimension of a leg of a user (element 13; claims 1 and 2).
Regarding Claim 20, Yong teaches: A wearable device, comprising:
Pants (figure 1);
a sensor assembly fixed on the pants, wherein the sensor assembly includes at least one circumferential strain sensor, the at least one circumferential strain sensor extends along a circumferential direction of a pant leg of the pants and is configured to measure a circumferential dimension of a leg of a user (figure 1; element 13 and 15); ; and
a processor, configured to:
generate circumference information of the leg of the user by obtaining the circumferential dimension of the leg of the user (figure 3; paragraph 0044-0050).
Regarding Claim 21, Yong teaches: The wearable device of claim 20, wherein the circumference information includes circumference change information in a first preset time period; and
to generate the circumference information of the leg of the user by obtaining the circumferential dimension of the leg of the user (paragraph 0059), the processor is configured to:
monitor the circumferential dimension of the leg of the user in the first preset time period to generate the circumference change information (paragraph 0059).
Regarding Claim 22, Yong teaches: The wearable device of claim 20, wherein the sensor assembly further includes at least one longitudinal strain sensor, the at least one longitudinal strain sensor extends along a length direction of the pant leg and is configured to detect at least a shape of the leg of the user (figure 1); and
the processor is configured to:
generate a model of the leg of the user based on the shape and the circumferential dimension of the leg of the user (paragraph 0061).
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.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yong in view of Petrov et al. (WO 2022/233960 A1 – cited by Applicant), hereinafter Petrov.
Regarding Claim 8, Yong teaches: The wearable device of claim 5, but do not mention wherein the pants include at least two bearing layers stacked in a thickness direction of the pants, and the at least one circumferential strain sensor and the at least one longitudinal strain sensor are disposed on different bearing layers of the at least two bearing layers.
Petrov teaches wherein the pants include at least two bearing layers stacked in a thickness direction of the pants, and the at least one circumferential strain sensor and the at least one longitudinal strain sensor are disposed on different bearing layers of the at least two bearing layers (figure 1 and 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the device to include wherein the pants include at least two bearing layers stacked in a thickness direction of the pants, and the at least one circumferential strain sensor and the at least one longitudinal strain sensor are disposed on different bearing layers of the at least two bearing layers as the substitution of one configuration for another would have yielded predictable results to one of ordinary skill.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yong.
Regarding Claim 11, Yong teaches: The wearable device of claim 2, but does not mention wherein an elasticity coefficient of the calf region of the pant leg in which the second strain sensor is located is greater than an elasticity coefficient of the thigh region of the pant leg in which the first strain sensor is located. It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the device to include wherein an elasticity coefficient of the calf region of the pant leg in which the second strain sensor is located is greater than an elasticity coefficient of the thigh region of the pant leg in which the first strain sensor is located as this is merely considered routine optimization with a finite number of predictable solutions (greater elasticity, the same elasticity, less elasticity) with a reasonable expectation of success.
Claim(s) 12, 13, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yong in view of Lee et al. (US 20160213548 A1 – cited by Applicant), hereinafter Lee.
Regarding Claim 12, Yong teaches: The wearable device of claim 1, but does not mention wherein the sensor assembly further includes a first electrode module integrated in the pants , the first electrode module includes at least two first electrodes in contact with a skin of the user, the at least two first electrodes are spaced apart along a muscle fiber direction of a same muscle of the leg of the user; and the first electrode module is configured to collect an electromyographic (EMG) signal of the muscle of the leg of the user.
Lee teaches wherein the sensor assembly further includes a first electrode module integrated in the pants (title; abstract), and at least two first electrodes in contact with a skin of the user, the at least two first electrodes are spaced apart along a muscle fiber direction of a same muscle of the leg of the user; and the first electrode module is configured to collect an electromyographic (EMG) signal of the muscle of the leg of the user (figure 2, paragraph 0093-0095; 0177). It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the device to include the first electrode module includes at least two first electrodes in contact with a skin of the user, the at least two first electrodes are spaced apart along a muscle fiber direction of a same muscle of the leg of the user; and the first electrode module is configured to collect an electromyographic (EMG) signal of the muscle of the leg of the user in order to obtain additional metrics about the user.
Regarding Claim 13, Yong in view of Lee teach: The wearable device of claim 12 but do not mention wherein the at least one circumferential strain sensor is arranged between the at least two first electrodes of the first electrode module. It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the device herein the at least one circumferential strain sensor is arranged between the at least two first electrodes of the first electrode module so that the strain and emg sensors do not interfere with each other (See Lee figure 2).
Regarding Claim 16, Yong teaches: The wearable device of claim 15, but does not mention wherein the at least one second electrode includes at least two second electrodes in contact with a skin of the user, and the at least two second electrodes are spaced apart along a muscle fiber direction of a same muscle of the leg of the user; and the second electrode module is configured to collect an EMG signal of the muscle of the leg of the user.
Lee teaches wherein the at least one second electrode includes at least two second electrodes in contact with a skin of the user, and the at least two second electrodes are spaced apart along a muscle fiber direction of a same muscle of the leg of the user; and the second electrode module is configured to collect an EMG signal of the muscle of the leg of the user (title; abstract; figure 2, paragraph 0093-0095; 0177). It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the device to include wherein the at least one second electrode includes at least two second electrodes in contact with a skin of the user, and the at least two second electrodes are spaced apart along a muscle fiber direction of a same muscle of the leg of the user; and the second electrode module is configured to collect an EMG signal of the muscle of the leg of the user in order to obtain additional metrics about the user.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yong in view of Lee, further in view of Wood et al. (US 20140238153 A1), hereinafter Wood.
Regarding Claim 18, Yong in view of Lee teach: The wearable device of claim 15, but do not mention wherein the second electrode is configured as a unidirectional deformation electrode or a unidirectional strain-sensitive electrode adapted to a circumferential deformation of the pant leg.
Wood teaches the use of unidirectional elastic strain sensors (abstract). It would have been obvious to one of ordinary skill in the art, before the effective filing date to have modified the device to include wherein the second electrode is configured as a unidirectional deformation electrode or a unidirectional strain-sensitive electrode adapted to a circumferential deformation of the pant leg as the substitution of one sensor for another would have yielded predictable results to one of ordinary skill.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 7, no prior art of record teaches the use of gaps in sensors to interleave 2 strain sensors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY B SHAH whose telephone number is (571)272-0686. The examiner can normally be reached M-F 8-5.
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JAY SHAH
Primary Examiner
Art Unit 3791
/JAY B SHAH/Primary Examiner, Art Unit 3791
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