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 .
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.
Claim Objections
Claim 1 objected to because of the following informalities:
“two voltage-sensing electrodes a first current injecting” in line 7 should be written “two voltage-sensing electrodes comprising a first current injecting”
“a first current injecting electrode” in lines 7-8 should be written “a first current-injecting electrode”
“a first voltage sensing electrode” in line 8 should be written “a first voltage-sensing electrode”
“a second voltage sensing electrode” in line 8 should be written “a second voltage-sensing electrode”
“a second current injecting electrode” in lines 8-9 should be written “a second current-injecting electrode”
“the voltage-sensing electrodes” in lines 11-12 should be written “the two voltage-sensing electrodes”
“at least one bio-impedance module are connected” in line 18 should be written “at least one bio-impedance module is connected”
Appropriate correction is required.
Claim 6 objected to because of the following informalities:
“the current injecting electrodes” in line 2 should be written “the two current-injecting electrodes”
Appropriate correction is required.
Claim 7 objected to because of the following informalities:
“the current injecting electrodes” in line 2 should be written “the two current-injecting electrodes”
Appropriate correction is required.
Claim 8 objected to because of the following informalities:
“the first voltage sensing electrode” in line 1 should be written “the first voltage-sensing electrode”
“the second voltage sensing electrode” in line 2 should be written “the second voltage-sensing electrode”
Appropriate correction is required.
Claim 9 objected to because of the following informalities:
“the first voltage sensing electrode” in line 1 should be written “the first voltage-sensing electrode”
“the third voltage sensing electrode” in line 2 should be written “the third voltage-sensing electrode”
Appropriate correction is required.
Claim 10 objected to because of the following informalities:
“the first voltage sensing electrode” in line 1 should be written “the first voltage-sensing electrode”
“the fourth voltage sensing electrode” in line 2 should be written “the fourth voltage-sensing electrode”
Appropriate correction is required.
Claim 11 objected to because of the following informalities:
“second target measurement area” in lines 1-2 should be written “the second target measurement area”
“third target measurement area” in lines 1-2 should be written “the third target measurement area”
Appropriate correction is required.
Claim 12 objected to because of the following informalities:
“the second voltage sensing electrode” in line 1 should be written “the second voltage-sensing electrode”
“the fourth voltage sensing electrode” in line 2 should be written “the fourth voltage-sensing electrode”
Appropriate correction is required.
Claim 15 objected to because of the following informalities:
“the transmission means” in line 1 should be written “the one or more transmission means”
“haptic feedback” in line 3 should be written “a haptic feedback”
Appropriate correction is required.
Claim 17 objected to because of the following informalities:
“the distal and proximal end” in line 2 should be written “the distal and proximal ends”
“the garment” in line 3 should be written “the compression garment”
Appropriate correction is required.
Claim 17 objected to because of the following informalities:
“the distal and proximal end” in line 2 should be written “the distal and proximal ends”
“the garment” in line 3 should be written “the compression garment”
Appropriate correction is required.
Claim 18 objected to because of the following informalities:
“the voltage-sensing electrodes” in line 1 should be written “the two voltage-sensing electrodes”
“the garment” in line 3 should be written “the compression garment”
Appropriate correction is required.
Claim 19 objected to because of the following informalities:
“the electrodes” in line 1 should be written “the plurality of electrodes”
Appropriate correction is required.
Claim 20 objected to because of the following informalities:
“analyses” in line 2 should be written “analyzes”
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 1-20 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 1 recites the limitation "the two voltage-sensing electrodes of each leg of the user" in lines 29-30. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the at least one accelerometer-gyroscope module" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 is rejected as being dependent upon a rejected base claim.
Claim 4 recites the limitation “a mobile application” in line 4. It is unclear whether this limitation refers to the application recited in line 3 of claim 1, or a different application. It should be noted that claim 5 also recites “the mobile application” in line 1.
Claim 5-8 are rejected as being dependent upon a rejected base claim.
Claim 9 recites the limitation "the third voltage sensing electrode" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the fourth voltage sensing electrode" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 11-12 are rejected as being dependent upon a rejected base claim.
Claim 13 recites the limitation "the one or more target measuring areas" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 14-16 are rejected as being dependent upon a rejected base claim.
Claim 17 recites the limitation "the electrode configuration" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 also recites the limitation “a circular current injecting band electrode” in lines 1-2. It is unclear whether this limitation refers to one of the two current-injecting electrodes recited in claim 1, or a different current injecting electrode.
Claim 18 recites the limitation "each pair of current-injecting band electrodes" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 is rejected as being dependent upon a rejected base claim.
Claim 20 recites the limitation “impedance monitor having a multiplexed” in line 1. It is unclear whether the “impedance monitor” refers to the “at least one bio-impedance module” recited in claim 1, or a different impedance monitor. It is also unclear whether the limitation “multiplexed” refers to the multiplexor recited in claim 1, or a different element.
Claim 20 also recites the limitation "the wearer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 also recites the limitation "a sequence" in lines 2-3. It is unclear whether this limitation refers to the “configuration sequence” recited in line 6 of claim 1, or a different sequence.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Albaugh et al., (US 20210052026; hereinafter Albaugh).
Regarding claim 1, Albaugh (Figures 1A-1C and 7-8) discloses a system (20) for detection of a hydration ([0007], [0060]), wherein the system (20) comprises: a compression garment (36), the compression garment (36), ([0066]), comprising a wearable sensor network (28), ([0066]), and an application (88), ([0073]); the wearable sensor network (28) comprising a plurality of electrodes (78, 80), wherein four electrodes of the plurality of electrodes (78, 80) are configured to be alternately activated in a limb of a user ([0062]: using a multiplexor), wherein the four electrodes are configured to be activated in a configuration sequence consisting of two current-injecting electrodes (80) and two voltage-sensing electrodes (78): a first current injecting electrode (first electrode 80), a first voltage sensing electrode (first electrode 78), a second voltage sensing electrode (second electrode 78), and a second current injecting electrode (second electrode 80), respectively ([0062], [0069]); and the wearable sensor network (28) comprising a multiplexor (66) configured to sequentially alternate which two electrodes of the four electrodes (78, 80) are activated as the voltage-sensing electrodes, enabling a data collection and a data analysis from a plurality of different locations of the limb of the user ([0069]), the collected data comprising bio-impedance measurements of each location of the plurality of different locations of the limb of the user, and each location of the plurality of different locations of the limb of the user positioned between the two voltage-sensing electrodes (78), ([0064], [0069]), wherein the wearable sensor network (28) further comprises a central hardware unit (46), ([0066]), wherein at least one bio-impedance module (44) are connected to the central hardware unit (46) by wiring, textile electronic traces, or conductive connections ([0066]-[0069]); the at least one bio-impedance module (44) configured to collect the bio-impedance measurements from each location of the plurality of different locations of the limb of the user positioned between the two voltage-sensing electrodes (78), ([0064], [0069]), and wherein the bio-impedance module (44) is configured to collect the bio-impedance measurements by delivering a plurality of current signals to each location positioned between the two voltage-sensing electrodes (78) of the limb of the user, the plurality of current signals having varying current magnitudes of up to 5 mA every 1 kHz across 5 kHz to 100 kHz ([0069]); and wherein the bio-impedance module (44) is further configured to analyze the plurality of delivered current signals after the plurality of delivered current signals have passed through a section of tissue at each location positioned between the two voltage-sensing electrodes (78) of each leg of the user ([0062], [0069]).
Regarding claim 2, Albaugh (Figures 1A-1C and 7-8) further discloses at least one accelerometer-gyroscope module (42) configured to collect an additional data set from the user ([0066]-[0067]).
Regarding claim 3, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the additional data set comprising acceleration and gyroscopic data from the limb of the user, wherein the central hardware unit (46) is configured to supply power to the at least one accelerometer-gyroscope module (42) and to the at least one bio- impedance module (44), ([0066]-[0069]).
Regarding claim 4, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the bio-impedance measurements from the bio-impedance module (44) and the additional data set from the at least one accelerometer-gyroscope module (42) are temporarily stored; and the bio-impedance measurements and the additional data set are transmitted to a mobile application (88), ([0069]).
Regarding claim 5, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the mobile application (88) is configured to receive a third data set from additional modules (heart rate detector/respiration monitor) and to further transmit the bio-impedance measurements, the additional data set, and the third data set to an online server ([0069], [0073]).
Regarding claim 6, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the bio-impedance module (44) can further include a third electrode (third of the five sensing electrodes 78) placed in between the current injecting electrodes (80), ([0062]).
Regarding claim 7, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the bio-impedance module (44) can further include a fourth electrode (fourth of the five sensing electrodes 78) placed in between the current injecting electrodes (80), ([0062]).
Regarding claim 8, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the distance between the first voltage sensing electrode (first electrode 78) and the second voltage sensing electrode (second electrode 78) define a first target measurement area ([0062], [0082]).
Regarding claim 9, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the distance between the first voltage sensing electrode (first electrode 78) and the third voltage sensing electrode (third electrode 78) define a second target measurement area ([0062], [0082]).
Regarding claim 10, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the distance between the first voltage sensing electrode (first electrode 78) and the fourth voltage sensing electrode (fourth electrode 78) define a third target measurement area ([0062], [0082]).
Regarding claim 11, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the first target measurement area, second target measurement area, and third target measurement area provide impedance data to be processed ([0062], [0069], [0082]).
Regarding claim 12, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the distance between the second voltage sensing electrode and the fourth voltage sensing electrode define a fourth target measurement area.
Regarding claim 13, Albaugh (Figures 1A-1C and 7-8) further discloses wherein each of the one or more target measuring areas provide signal data to be processed and analyzed to determine a hydration status ([0007], [0069]).
Regarding claim 14, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the hydration status is communicated to the user through one or more transmission means ([0070], [0073]).
Regarding claim 15, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the transmission means comprises one or more of the following: a visual display, haptic feedback, or an audio transmission ([0070], [0073]).
Regarding claim 16, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the compression garment (36) is waist high stockings, knee high stockings, pantyhose, compression sleeve, headband, or any skin-contacting garment ([0060]).
Regarding claim 17, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the electrode configuration includes a circular current injecting band electrode (80) on each end of the compression garment (36) at the distal and proximal end (ankle end and upper thigh end) of the garment (36), ([0062]).
Regarding claim 18, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the voltage-sensing electrodes (78) lie on the compression garment (36) adjacent to the limb of the user between each pair of current-injecting band electrodes (80), ([0062]).
Regarding claim 19, Albaugh (Figures 1A-1C and 7-8) further discloses wherein the electrodes (78, 80) are configured to be applied to the skin at a pressure of 15-40 mmHg ([0061]).
Regarding claim 20, Albaugh (Figures 1A-1C and 7-8) further discloses an impedance monitor ([0004]: impedance monitor) having a multiplexed, and a multi-frequency analyzer ([0069]), which analyses several sections of tissue across the wearer in a sequence ([0062], [0069]), wherein the hydration status is provided to a user in real-time ([0054], [0064], [0073]), wherein the system (20) can further generate a predictive output of future performance based on current hydration status ([0014]-[0015]: using the Wells Score).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE PREMRAJ whose telephone number is (571)272-8013. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794
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