The present application is being examined under the pre-AIA first to invent provisions.
Detailed Action
Current Status of Claims
This action is issued in response to communication of February 11, 2025. Claims 1 to 20 are currently active in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 12, 2025 was filed before the mailing date of the first action on merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an insulated shroud” (claim 9, line 2; claim 17, line 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-3, 5-6, 10-11, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagle et al. (US Patent Publication Application 2008/0000304 A1) in view of DeAngelis et al. (US Patent Publication Application 2008/0127739 A1).
In regard of claim 1, Nagle et al. disclose a garment integrated capacitive sensor (See at least Figure 5 of Nagle et al. illustrating a garment (100) with a capacitive sensor (1) as discussed in paragraphs [0031-0032]), comprising: a first conductive electrode layer that is constructed using an insulated conductive fabric, wherein the first conductive electrode layer has a first surface(See Figure 1 of Nagle et al. illustrating a first conductive layer (30) using insulated conductive fabric and having a first surface as discussed in paragraphs [0032, 0004]); and a second conductive electrode layer that is constructed using a non-insulated conductive fabric containing a second surface, wherein the second surface is configured to be directly in contact with the first surface to produce a garment integrated capacitive sensor (See Figure 1 of Nagle et al. illustrating a second conductive electrode layer (40) configured to be directly in contact with the first surface to produce capacitive sensor (1) as discussed in paragraphs [0031-0033], it should be noted that in paragraph [0039] Nagle et al. discusses that fabrics (10, 20) serves as dielectric for a capacitance, i.e. allowing direct contact of the electrodes (30, 40) as claimed), wherein: the garment integrated capacitive sensor is configured to be in communication with a processor, and the processor is configured to receive a sensed value from the garment integrated capacitive sensor (See Figure 5 of Nagle et al. illustrating the garment integrated capacitive sensor (1) being communicative with a processor (400) as discussed in paragraph [0057] of Nagle et al.).
However, the reference to Nagle et al. does not describe in detail that the claimed electrodes are knitted.
In the same field of endeavor, DeAngelis et al. disclose a flexible capacitive sensor (10) the layers (101, 108) of which can be woven, knitted or the like as shown in Figure 1A and discussed in paragraphs [0034, 0085] of DeAngelis et al.
Therefore, it would be obvious for a person skilled in the art at the time of invention was filed to create a capacitive sensor with knitted electrodes layers as shown by DeAngelis et al. with the garment of Nagle et al. in order to provide comfort to a user while wearing the garment.
In regard of claim 2, Nagle et al. and DeAngelis et al. further disclose the garment integrated capacitive sensor of claim 1, wherein the sensed value, when processed by the processor, is used to determine a force received at the garment integrated capacitive sensor (See Figures 1A, 2 of DeAngelis et al. illustrating meter (14) which can detect and recognize the force applied to active area (210) based on changed of sensed value of capacitance).
In regard of claim 3, Nagle et al. and DeAngelis et al. further disclose the garment integrated capacitive sensor of claim 1, wherein the sensed value, when processed by the processor, is used to determine if the garment integrated capacitive sensor is in contact with a surface (See at least paragraph [0058] of Nagle et al. discussing garment integrated sensor being unobtrusively worn by a patient in order to contact with a skin/surface).
In regard of claim 5, Nagle et al. and DeAngelis et al. further disclose the garment integrated capacitive sensor of claim 1, wherein the garment integrated capacitive sensor is integrated into a wearable device, wherein the wearable device includes a plurality of garment integrated capacitive sensors and the processor (See at least Figures 1A and 2 of DeAngelis et al. illustrating capacitive sensing fabric integrated into a wearable device as discussed in paragraphs [0085-0086]).
In regard of claim 6, Nagle et al. and DeAngelis et al. further disclose the garment integrated capacitive sensor of claim 1, wherein the second surface is configured to be directly in contact with the first surface without a separate dielectric sheet (See Figure 1 of Nagle et al. and paragraph [0039] discussing the fact that upper/lower fabrics (10, 20) act as dielectric and therefore dielectric sheet is structurally missed).
In regard of claim 10, Nagle et al. and DeAngelis et al. further disclose a method of detecting force received at a garment, comprising: receiving a force at a capacitive sensor integrated into a garment, wherein the capacitive sensor includes: a first knitted conductive electrode layer that is constructed using an insulated conductive fabric, wherein the first knitted conductive electrode layer has a first surface; a second knitted conductive electrode layer that is construed using a non-insulated conductive fabric containing a second surface, wherein the second surface is configured to be directly in contact with the first surface to produce the capacitive sensor; in response to receiving the force at the capacitive sensor, transmitting a value corresponding to the received force to a processor; and determining, via the processor, a calculated force value (See rejection of claim 1 provided above).
In regard of claim 11, Nagle et al. and DeAngelis et al. further disclose the method of claim 10, wherein the calculated force value, when processed by the processor, is used to determine if the capacitive sensor is in contact with a surface (See rejection of claim 3 provided above).
In regard of claim 13, Nagle et al. and DeAngelis et al. further disclose the method of claim 10, wherein the capacitive sensor is integrated into a wearable device, wherein the wearable device includes a plurality of garment integrated capacitive sensors (See rejection of claim 5 provided above).
In regard of claim 14, Nagle et al. and DeAngelis et al. further disclose the method of claim 10, wherein the second surface is configured to be directly in contact with the first surface without a separate dielectric sheet (See rejection of claim 6 provided above).
Claim(s) 4, 7-9, 12, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagle et al. (US Patent Publication Application 2008/0000304 A1) in view of DeAngelis et al. (US Patent Publication Application 2008/0127739 A1) and further in view of Connor (US Patent Publication Application 2015/03700320 A1).
In regard of claim 4, Nagle et al. and DeAngelis et al. further disclose the garment integrated capacitive sensor of claim 1.
However, the combination of Nagle et al. and DeAngelis et al. does not specifically discuss the garment wherein the processor is in further communication with an artificial reality headset configured to display an artificial reality, and the sensed value from the garment integrated capacitive sensor is used to alter a visual aspect of the artificial reality.
In the same field of endeavor, Connor discloses a smart garment wherein the processor communicates with an artificial reality headset (5803) displaying an artificial reality and sensing values from the garment as shown at least in Figure 58 and discussed in paragraphs [0113, 0116, 0344] of Connor.
Therefore, it would be obvious for a person skilled in the art at the time of invention was filed to communicate with artificial reality headset shown by Connor using sensed values provided by the device of Nagle et al. and DeAngelis et al. in order to create customized devise for comfort of a user while wearing the garment.
In regard of claim 7, Nagle et al., DeAngelis et al. and Connor further disclose the garment integrated capacitive sensor of claim 1, wherein the garment integrated capacitive sensor is integrated into a wearable glove that also includes the processor (See paragraphs [0112, 0484] of Connor discussing integrated the capacitive sensor into a glove).
In regard of claim 8, Nagle et al., DeAngelis et al. and Connor further disclose the garment integrated capacitive sensor of claim 1, wherein the garment integrated capacitive sensor is knitted together with a non-sensor portion of a garment (See paragraphs [0112, 0484] of Connor discussing integration of the sensor into regular garment).
In regard of claim 9, Nagle et al., DeAngelis et al. and Connor further disclose the garment integrated capacitive sensor of claim 1, wherein the insulated conductive fabric is constructed of a conductor with an insulated shroud surrounding the conductive fabric (See Figure 1 of Nagle et al. illustrating insulated shroud (10, 20) surrounding the conductive fabric (30, 40)).
In regard of claim 12, Nagle et al., DeAngelis et al. and Connor further disclose the method of claim 10, wherein the processor is in further communication with an artificial reality headset displaying an artificial reality, and the calculated force value determined from the capacitive sensor is used to alter a visual aspect of the artificial reality See rejection of claim 4 provided above).
In regard of claim 15, Nagle et al., DeAngelis et al. and Connor further disclose the method of claim 10, wherein the capacitive sensor is integrated into a wearable glove (See rejection of claim 7 provided above).
In regard of claim 16, Nagle et al., DeAngelis et al. and Connor further disclose the method of claim 10, wherein the capacitive sensor is knitted together with a non-sensor portion of a garment (See rejection of claim 8 provided above).
In regard of claim 17, Nagle et al., DeAngelis et al. and Connor further disclose the method of claim 10, wherein the insulated conductive fabric is constructed of a conductor with an insulated shroud surrounding the conductive fabric (See rejection of claim 9 provided above).
In regard of claim 18, Nagle et al. , DeAngelis et al. and Connor further disclose an artificial reality system comprising: an artificial-reality headset that is communication with a garment integrated capacitive sensor, wherein the garment integrated capacitive sensor comprises: a first knitted conductive electrode layer that is constructed using an insulated conductive fabric, wherein the first knitted conductive electrode layer has a first surface; a second knitted conductive electrode layer that is constructed using a non-insulated conductive fabric containing a second surface, wherein the second surface is configured to be directly in contact with the first surface to produce a garment integrated capacitive sensor, wherein: the garment integrated capacitive sensor is configured to be in communication with a processor, and the processor is configured to receive a sensed value from the garment integrated capacitive sensor (See rejection of claims 1 and 4 provided above).
In regard of claim 19, Nagle et al. , DeAngelis et al. and Connor further disclose the artificial reality system of claim 18, wherein the sensed value, when processed by the processor, is used to determine a force received at the garment integrated capacitive sensor (See rejection of claim 2 provided above).
In regard of claim 20, Nagle et al. , DeAngelis et al. and Connor further disclose the artificial reality system of claim 18, wherein the sensed value, when processed by the processor, is used to determine if the garment integrated capacitive sensor is in contact with a surface (See rejection of claim 3 provided above).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to Applicant’s disclosure. Applicant is required under 37 C.F.R. 1.111 (c ) to consider these references fully when responding to this action.
US Patent Publication 2010/0162832 to Brauers
US Patent Publication 2013/0066168 to Yang et al.
Examiner’s Note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Olga V. Merkoulova whose telephone number is ((571)270-7796. The examiner can normally be reached on Mon-Fri. from 7:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, LunYi Lao can be reached on (571) 272-7671. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/OLGA V MERKOULOVA/Primary Examiner, Art Unit 2621