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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 5-9, 13, and 17-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7-13, and17-20 of U.S. Patent No. 12, 329, 218 (Walker). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application
Conflicting Patent
1. An adaptive article of apparel, comprising: a textile forming an opening configured to admit a body part of a wearer; and an electroadhesive clutch secured to the textile and extending around at least a portion of the opening, the electroadhesive clutch comprising: a first electrode assembly comprising a first conductive member; an electrical signal generator configured to provide at least a first signal to the first conductive member of the electrode assembly, wherein the first electrode assembly is configured to slide laterally when the first signal is absent and the first electrode assembly is configured to be laterally immobilized when the first signal is applied; wherein the electroadhesive clutch is configured to inhibit changing a size of the opening when at least the first signal is applied to the first electrode assembly and wherein a size of the opening is adjustable when the first signal is absent.
1. An adaptive wearable article, comprising: a textile forming an opening (the opening that is being adjusted is assumed to be on the edge of the opening) configured to admit a body part of a wearer (pockets and sleeves qualify as orifices that admit a body part, MPEP 2112); and an electroadhesive clutch secured to the textile and extending around at least a portion of the opening, the electroadhesive clutch comprising: a first electrode assembly, comprising: a first conductive member; and a first polymeric substrate applied to the first conductive member and having a stiffness greater than a stiffness of the first conductive member; a second electrode assembly comprising a second conductive member overlaying in part the first conductive member, the second electrode assembly comprising: a second conductive member; and a second polymeric substrate applied to the second conductive member, the second polymeric substrate having a stiffness greater than a stiffness of the second conductive member, wherein the first and second conductive members are proximate one another with the first and second polymeric substrates distal with respect to one another; and an electrical signal generator configured to provide first and second signals to the first and second conductive members of the electrode assemblies, respectively, wherein the first electrode assembly is configured to slide laterally relative to the second electrode assembly when the first and second signals are not applied and the first electrode assembly is immobilized relative to the second electrode assembly when the first and second signals are applied; wherein the electroadhesive clutch is configured to inhibit increasing a size of the opening (to inhibit increasing is being taken as closing the opening…MPEP 2112) when the first and second signals are applied to the first and second electrode assemblies and wherein the opening is enabled to increase in size when the first and second signals are not applied.
5. The adaptive article of apparel of claim 1, wherein the textile is an elastic textile configured to return the electrode assembly to a relaxed position when force is not placed on the textile.
2. The adaptive wearable article of claim 1, wherein the electroadhesive clutch further comprises a waterproof encasing within which the first and second electrode assemblies are positioned
3. The adaptive wearable article of claim 2, wherein the waterproof encasing is an elastic waterproof encasing configured to return the first and second electrode assemblies to a relaxed position when force is not placed on the elastic waterproof encasing.
6. The adaptive article of apparel of claim 1, wherein the electroadhesive clutch further comprises a controller, operatively coupled to the electrical signal generator, configured to cause the electrical signal generator to apply the first signal based on an input as received.
7. The adaptive wearable article of claim 1, wherein the electroadhesive clutch further comprises a controller, operatively coupled to the electrical signal generator, configured to cause the electrical signal generator to apply the first and second signals based on an input as received.
7. The adaptive article of apparel of claim 6, wherein the electroadhesive clutch further comprises a sensor, operatively coupled to the controller, configured to output a sensor signal based on a detected condition of the adaptive article of apparel and wherein the controller is configured to receive the sensor signal as the input.
8. The adaptive wearable article of claim 7, wherein the electroadhesive clutch further comprises a sensor, operatively coupled to the controller, configured to output a sensor signal based on a detected condition of the adaptive wearable article of apparel and wherein the controller is configured to receive the sensor signal as the input.
8. The adaptive article of apparel of claim 7, wherein the sensor is at least one of an accelerometer, a gyro, or a pressure sensor.
9. The adaptive wearable article of claim 8, wherein the sensor is at least one of an accelerometer sensor, a gyro sensor or a pressure sensor.
9. The adaptive article of apparel of claim 6, wherein the electroadhesive clutch further comprises a user input, operatively coupled to the controller, configured to receive a command from a user and output a signal indicative of the command that is received as the input by the controller.
10. The adaptive wearable article of claim 7, wherein the electroadhesive clutch further comprises a user input, operatively coupled to the controller, configured to receive a command from a user and output a signal indicative of the command that is received as the input by the controller.
13. A method, comprising: forming a textile having an opening configured to admit a body part of a wearer; and securing an electroadhesive clutch to the textile, the electroadhesive clutch extending around at least a portion of the opening, the electroadhesive clutch comprising: a first electrode assembly comprising a first conductive member; an electrical signal generator configured to provide at least a first signal to the first conductive member of the electrode assembly, wherein the first electrode assembly is configured to slide laterally when at least the first signal is not applied and remain static when at least the first signal is applied; wherein the electroadhesive clutch is configured to inhibit increasing a size of the opening when at least the first signal is applied to the first electrode assembly.
11. A method of making an adaptive wearable article, comprising: forming a textile to include an opening (the opening that is being adjusted is assumed to be on the edge of the opening) configured to admit a body part of a wearer (pockets and sleeves qualify as orifices that admit a body part, MPEP 2112); and securing an electroadhesive clutch to the textile and extending around at least a portion of the opening, the electroadhesive clutch comprising: a first electrode assembly, comprising: a first conductive member; and a first polymeric substrate applied to the first conductive member and having a stiffness greater than a stiffness of the first conductive member; a second electrode assembly comprising a second conductive member overlaying in part the first conductive member, the second electrode assembly comprising: a second conductive member; and a second polymeric substrate applied to the second conductive member, the second polymeric substrate having a stiffness greater than a stiffness of the second conductive member, wherein the first and second conductive members are proximate one another with the first and second polymeric substrates distal with respect to one another; and an electrical signal generator configured to provide first and second signals to the first and second conductive members of the electrode assemblies, respectively, wherein the first electrode assembly is configured to slide laterally relative to the second electrode assembly when the first and second signals are not applied and remain static relative to the second electrode assembly when the first and second signals are applied; wherein the electroadhesive clutch is configured to inhibit increasing a size of the opening (to inhibit increasing is being taken as closing the opening…MPEP 2112) when the first and second signals are applied to the first and second electrode assemblies and wherein the opening is enabled to increase in size when the first and second signals are not applied.
17. The method of claim 13, wherein the textile is an elastic textile configured to return the first electrode assembly to a relaxed position when force is not placed on the textile.
12. The method of claim 11, wherein the electroadhesive clutch further comprises a waterproof encasing within which the first and second electrode assemblies are positioned.
13. The method of claim 12, wherein the waterproof encasing is an elastic waterproof encasing configured to return the first and second electrode assemblies to a relaxed position when force is not placed on the elastic waterproof encasing.
18. The method of claim 13, wherein the electroadhesive clutch further comprises a controller, operatively coupled to the electrical signal generator, the method further comprising causing the electrical signal generator to apply the first signal based on an input as received.
17. The method of claim 11, wherein the electroadhesive clutch further comprises a controller, operatively coupled to the electrical signal generator, configured to cause the electrical signal generator to apply the first and second signals based on an input as received.
19. The method of claim 18, wherein the electroadhesive clutch further comprises a sensor operatively coupled to the controller, the method further comprising using the sensor to provide a sensor signal based on a detected condition of the adaptive article of apparel and using the controller to receive the sensor signal as the input.
18. The method of claim 17, wherein the electroadhesive clutch further comprises a sensor, operatively coupled to the controller, configured to output a sensor signal based on a detected condition of the adaptive wearable article of apparel and wherein the controller is configured to receive the sensor signal as the input.
20. The method of claim 19, wherein the sensor is at least one of an accelerometer, a gyroscope, or a pressure sensor.
19. The method of claim 18, wherein the sensor is at least one of an accelerometer sensor, a gyro sensor, or a pressure sensor.
21. The method of claim 19, wherein the electroadhesive clutch further comprises a user input operatively coupled to the controller, the method further comprising receiving a command from a user and outputting a control signal to the clutch indicative of the command that is received as the input by the controller.
20. The method of claim 17, wherein the electroadhesive clutch further comprises a user input, operatively coupled to the controller, configured to receive a command from a user and output a signal indicative of the command that is received as the input by the controller.
22. A garment comprising: a garment base layer; a pocket portion at least partially affixed to the garment base layer, the pocket portion including a pocket aperture at a first edge of the pocket portion; an electroadhesive clutch assembly comprising at least a first electrode, wherein the first electrode is coupled at or near at least one of: the pocket aperture at the first edge of the pocket portion, or the garment base layer, and wherein the first electrode is configured to at least partially selectively close the pocket aperture in accordance with actuation of the electroadhesive clutch assembly.
1. An adaptive wearable article, comprising: a textile forming an opening (the opening that is being adjusted is assumed to be on the edge of the opening) configured to admit a body part of a wearer (pockets and sleeves qualify as orifices that admit a body part, MPEP 2112); and an electroadhesive clutch secured to the textile and extending around at least a portion of the opening, the electroadhesive clutch comprising: a first electrode assembly, comprising: a first conductive member; and a first polymeric substrate applied to the first conductive member and having a stiffness greater than a stiffness of the first conductive member; a second electrode assembly comprising a second conductive member overlaying in part the first conductive member, the second electrode assembly comprising: a second conductive member; and a second polymeric substrate applied to the second conductive member, the second polymeric substrate having a stiffness greater than a stiffness of the second conductive member, wherein the first and second conductive members are proximate one another with the first and second polymeric substrates distal with respect to one another; and an electrical signal generator configured to provide first and second signals to the first and second conductive members of the electrode assemblies, respectively, wherein the first electrode assembly is configured to slide laterally relative to the second electrode assembly when the first and second signals are not applied and the first electrode assembly is immobilized relative to the second electrode assembly when the first and second signals are applied; wherein the electroadhesive clutch is configured to inhibit increasing a size of the opening (to inhibit increasing is being taken as closing the opening…MPEP 2112) when the first and second signals are applied to the first and second electrode assemblies and wherein the opening is enabled to increase in size when the first and second signals are not applied.
23. The garment of claim 22, further comprising a controller for the electroadhesive clutch assembly, wherein the controller is configured to provide at least a respective electric signal to the first electrode to thereby control the clutch assembly.
7. The adaptive wearable article of claim 1, wherein the electroadhesive clutch further comprises a controller, operatively coupled to the electrical signal generator, configured to cause the electrical signal generator to apply the first and second signals based on an input as received.
24. The garment of claim 23, further comprising an accelerometer, wherein the controller is configured to provide the respective electric signal to at least the first electrode based on information from the accelerometer.
8. The adaptive wearable article of claim 7, wherein the electroadhesive clutch further comprises a sensor, operatively coupled to the controller, configured to output a sensor signal based on a detected condition of the adaptive wearable article of apparel and wherein the controller is configured to receive the sensor signal as the input.
9. The adaptive wearable article of claim 8, wherein the sensor is at least one of an accelerometer sensor, a gyro sensor or a pressure sensor
25. The garment of claim 24, wherein the accelerometer is configured to measure orientation or posture information about a wearer of the garment, and wherein the controller is configured to provide the respective electric signal to at least the first electrode based on the orientation or posture information as-measured using the accelerometer.
8. The adaptive wearable article of claim 7, wherein the electroadhesive clutch further comprises a sensor, operatively coupled to the controller, configured to output a sensor signal based on a detected condition of the adaptive wearable article of apparel and wherein the controller is configured to receive the sensor signal as the input.
9. The adaptive wearable article of claim 8, wherein the sensor is at least one of an accelerometer sensor, a gyro sensor or a pressure sensor
26. The garment of claim 24, wherein the accelerometer is configured to measure activity level information about a wearer of the garment, and wherein the controller is configured to provide the respective electric signal to at least the first electrode based on the activity level information as-measured using the accelerometer.
8. The adaptive wearable article of claim 7, wherein the electroadhesive clutch further comprises a sensor, operatively coupled to the controller, configured to output a sensor signal based on a detected condition of the adaptive wearable article of apparel and wherein the controller is configured to receive the sensor signal as the input.
9. The adaptive wearable article of claim 8, wherein the sensor is at least one of an accelerometer sensor, a gyro sensor or a pressure sensor
Claims 2-4 and 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 12, 329, 218 in view of Beers (US 9693605).
Regarding claims 2 and 14, Walker does not teach that the adaptive article apparel is footwear. However, footwear is known as apparel and Beers teaches an adjustment system for footwear (see title and claim 1). The person having ordinary skill in the art would be motivated to use the system of Walker on the footwear of Beers to down-size the system which improves the versatility of the footwear.
Thus, it would have been obvious to a person having ordinary skill in the art prior to the invention of Walker being effectively filed to modify it such that the article of apparel is footwear, as taught by Beers so as to improve the versatility of the footwear.
Regarding claims 3 and 15, Walker in view of Beers teaches:
The adaptive article of apparel of claims 2 and 14, wherein the textile includes a footwear strap of the footwear (for tensile member, see Beers claim 1), and wherein the strap at least partially defines the opening (siunce the tensile member is is part of the tensioning system for footwear, Beers claim 1), and wherein the electroadhesive clutch (of Walker) is configured to inhibit changing a size of the opening of the strap (of Beers) when at least the first signal (of Walker) is applied to the first electrode assembly (of Walker) and wherein the size of the opening of the strap (of Beers) is adjustable when at least the first signal (of Walker) is absent.
Regarding claims 4 and 16, Walker in view of Beers teaches:
The adaptive article of apparel of claims 2 and 14, wherein the textile (of Walker) includes an upper of the footwear (of Beers) that at least partially defines the opening (of Beers), and wherein the electroadhesive clutch (of Walker) is configured to inhibit changing a size of the opening of the upper (of Beers) when at least the first signal (of Walker) is applied to the first electrode assembly (of Walker) and wherein the size of the opening of the upper (of Beers) is adjustable when at least the first signal (of Walker) is absent.
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12, 329, 218 in view of Soderberg et al. (US 20140094728).
Regarding claim 10, Walker does not teach that adaptive article of apparel is a hat. However, it is known that hats are articles of apparel that have adjustable openings to fit the head of the wearer. Soderberg et al. teaches a tensioning device for the opening of a hat (see Soderberg et al. para 0170). The person having ordinary skill in the art would be motivated to use the adjusting system of Walker on the hat of Soderberg et al. so as to improve the versatility of the hat.
As a result, it would have been obvious to a person having ordinary skill in the art before the invention of Walker was effectively filed to modify it such that the adaptive article of apparel is a hat as taught by Soderberg et al. so as to improve the versatility of the hat.
Claims 11 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12, 329, 218 in view of Nigri (US 20150189946).
Regarding claim 11, Walker does not teach that t the adaptive article of apparel is a sleeve configured to be worn around an arm or leg of the weare. Nigri teaches a tensioning device (Nigri fig 1) that is a sleeve worn around the leg (fig 1) for the opening 171 comprises an opening or aperture portion of a pocket 170 that is in or coupled to the article of apparel (fig 1). The person having ordinary skill in the art would be motivated to use the adjusting system of Walker (as stated above with the various adaptive articles of apparel in the above mentioned claims) on the pocket of Nigri so as to improve the versatility of the hat.
As a result, it would have been obvious to a person having ordinary skill in the art before the invention of Walker was effectively filed to modify it such that the adaptive article of apparel is a sleeve configured to be worn around an arm or leg of the weare as taught by Nigri so as to improve the versatility of the hat.
Regarding claim 12, Walker does not teach that the opening comprises an opening or aperture portion of a pocket that is in or coupled to the article of apparel. Nigri teaches a tensioning device (Nigri fig 1) for the opening 171 comprises an opening or aperture portion of a pocket 170 that is in or coupled to the article of apparel (fig 1). The person having ordinary skill in the art would be motivated to use the adjusting system of Walker (as stated above with the various adaptive articles of apparel in the above mentioned claims) on the pocket of Nigri so as to improve the versatility of the hat.
As a result, it would have been obvious to a person having ordinary skill in the art before the invention of Walker was effectively filed to modify it such that the opening comprises an opening or aperture portion of a pocket that is in or coupled to the article of apparel as taught by Nigri so as to improve the versatility of the hat.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRANCE L KENERLY whose telephone number is (571)270-7851. The examiner can normally be reached M-F 9am-5pm.
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/TERRANCE L KENERLY/Primary Examiner, Art Unit 2834
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