DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Group I, claims 1-10, in the reply filed on 29 July 2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
3. Claim 9 is objected to because of the following informalities:
In line 4, “each of the above mechanomyography sensors” lacks proper antecedent basis, and should be amended to “each of the .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 2 and 7-9 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.
As to Claim 2, the claim recites the limitation “wherein the control unit overlaps a first peak region of the vibration signals and a second peak region of the pressure signals …” It is not clear how a tangible “control unit” can overlap intangible regions of signals.
As to Claim 7, the claim recites the limitation “which are on the module substrate”. It is not clear which structural elements this limitation is attempting to further limit (Is it modifying some combination of “air hose”, “pressure sensor”, or “air pocket”?).
As to Claim 8, the claim recites the limitation “which is an outer periphery of the first electrodes”. It is not clear which structural elements this limitation is attempting to further limit (Is it modifying the “ring spacer”, the “edge”, or the “first sensor substrate”?).
As to Claim 9, the claim recites the limitation “second electrodes”. It is not clear whether claim 9 should have first electrodes as part of the claimed device.
Allowable Subject Matter
6. Claims 1, 3-6, and 10 are allowed.
7. Claims 2 and 7-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
8. The following is a statement of reasons for the indication of allowable subject matter:
As to Claim 1, Jacobson et al., U.S. Patent Application Publication No. 2014/0163412 A1 (“Jacobson”), teaches the following:
A wearable muscle activity measurement device (“myography sensor”) 10 for diagnosing a muscle condition (see “Referring now in more detail to the exemplary drawings for purposes of illustrating exemplary embodiments of the invention, wherein like reference numerals designate corresponding or like elements among the several views, there is shown in FIG. 1 myography sensor 10 placed near biceps muscle 12 of a person's arm for the purpose of analyzing activity of that muscle.” in para. [0031], and see figs. 1-3), the device 10 comprising:
a main substrate (“inertial measurement unit”) 20;
a communication module (“communication device”) 32 connected to the main substrate 20;
…
a motion sensor (“magnetometers”) 26 … ;
mechanomyography sensors (“accelerometers”) 24 … ; and
a force myography sensor (“gyroscopes”) 22 provided on the main substrate 10 … to detect pressure signals (see “The sensors include gyroscopes 22, accelerometers 24, and magnetometers 26. Gyroscopes 22 are configured to measure the rate and direction of rotation. Accelerometers 24 are configured to measure linear acceleration. Magnetometers 26 are configured to detect direction relative to magnetic north pole. Inertial measurement unit 20 may also include other electronic components, such as processor 28 and memory device 30 to receive, process, and store measurement data from gyroscopes 22, accelerometers 24, and magnetometers 26.” in para. [0034]).
As to Claim 1-10, neither Jacobson nor the prior art of record teaches the wearable muscle activity measurement device of base claim 1, including the following, in combination with all other limitations of the base claim:
air pockets provided on one side of the main substrate adjacent to the communication module;
a motion sensor provided on the other side of the main substrate opposing the air pockets;
mechanomyography sensors provided on the center of the main substrate between the motion sensor and the air pockets to detect vibration signals; and
a force myography sensor provided on the main substrate between the mechanomyography sensors to detect pressure signals.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAVIN NATNITHITHADHA whose telephone number is (571)272-4732. The examiner can normally be reached Monday - Friday 8:00 am - 8:00 am - 4:00 pm.
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 10/02/2026
