DETAILED ACTION
Status of the Application
This office action is a non-final rejection in response to the filing of the application on 03/04/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . It is acknowledged that claims 1-15 were previously cancelled by the applicant.
Claim Objections
Claims 17-34 are objected to because of the following informalities: the claims recites the limitation “A wearable article …”, please replace with “The wearable article …”.
Claim 32 recites: “wherein t electromagnetic energy waves are ultrasonic waves.”, please correct to “wherein the electromagnetic energy waves are ultrasonic waves.”; Appropriate correction is required.
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.
Claims 16,17,21-31,33-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soar US Patent Application Publication (US 2012/0206097 A1).
Regarding claim 16, Soar discloses a wearable article (3, 40: primary side (i.e. pocket insert, weapon interface etc) inductive power transmission; and inductive battery and communication data driver / receiver using separate primary power and communication data coils, Figs 1-12, par. [0062]-[0066]) comprising:
a power source (3) (see Figs 5-11; abstract; par. [0015]-[0016],[0063]);
a power transmitter (49) arranged to transmit electromagnetic energy waves (48) from the power source (3) to a power receiver (50,63) of an external apparatus (87) (Fig 5; secondary side (i.e. handheld device, weapon etc) inductive power receiver; and, inductive battery and communication data driver / receiver using separate primary power and communication data coils, Figs 5-11; par. [0063],[0085],
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in addition, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board's finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). "Apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). (see MPEP 2114).
Furthermore, it has been held that a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Exparte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (See MPEP 2114)).
Regarding claim 17, Soar discloses the wearable article as claimed in claim 16, wherein the power transmitter (49) is arranged to transmit a directed beam of electromagnetic energy (48,30) to the external apparatus (87) (Fig 5; secondary side (i.e. handheld device, weapon etc) inductive power receiver; and, inductive battery and communication data driver / receiver using separate primary power and communication data coils, Figs 5-11; par. [0060], [0061], [0063],[0064], [0085]).
Regarding claim 21, Soar discloses the wearable article as claimed in claim 16, wherein the power transmitter (49) is arranged to transmit the electromagnetic energy waves (48) over a first wireless network (48-50) (see Figs 5-11; par. [0007],[0060]-[0063]).
Regarding claim 22, Soar discloses the wearable article as claimed in claim 21, wherein the power transmitter (49) is a mobile transmitter (33) (see Figs 5-11; par. [0063],[0085]-[0089]).
Regarding claim 23, Soar discloses the wearable article as claimed in claim 22, wherein the mobile transmitter (33) is a mobile transceiver (33) operable to send and/or receive data over a wireless network (see Figs 5-11; par. [0063],[0085]-[0089]).
Regarding claim 24, Soar discloses the wearable article as claimed in claim 23, wherein the mobile transceiver is operable to send and/or receive data to/from the external apparatus (87) (Fig 5; secondary side (i.e. handheld device, weapon etc) inductive power receiver; and, inductive battery and communication data driver / receiver using separate primary power and communication data coils, Figs 5-11; par. [0063],[0085]-[0089]).
Regarding claim 25, Soar discloses the wearable article as claimed in claim 21, wherein the mobile transmitter is arranged to transmit data over a second wireless network (30,83-84) that is different to the first wireless network (48-50) (see Figs 5-11; par. [0012],[0063],[0064],[0085]-[0089]).
Regarding claim 26, Soar discloses the wearable article as claimed in claim 25, wherein the second wireless network (30,83-84) is a cellular network (see Figs 5-11; par. [0005],[0063],[0064],[0085]-[0089]).
Regarding claim 27, Soar discloses the wearable article as claimed in claim 21, wherein the first wireless network is a personal area network (see Figs 5-11; par. [0010],[0046],[0083],[0085]-[0089]).
Regarding claim 28, Soar discloses the wearable article as claimed in claim 16, wherein the wearable article is arranged to determine a location of the external apparatus (87), and direct the electromagnetic energy waves to the determined location of the external apparatus (87) (see Figs 5-11; see location in par. [0008],[0067],[0069],[0083],[0088],[0092]-[0093]).
Regarding claim 29, Soar discloses the wearable article as claimed in claim 28, wherein the wearable article determines the location of the external apparatus (87) based on communication with the external apparatus (87) (see Figs 5-11; see location in par. [0008],[0067],[0069],[0083],[0088],[0092]-[0093]).
Regarding claim 30, Soar discloses the wearable article as claimed in claim 28, wherein the wearable article determines the location of the external apparatus (87) based on a property of the external apparatus (87) (see Figs 5-11; see location in par. [0008],[0067],[0069],[0083],[0088],[0092]-[0093]).
Regarding claim 31, Soar discloses the wearable article as claimed in claim 16, wherein the power transmitter (49) is arranged to simultaneously transmit the electromagnetic energy waves to a plurality of external apparatuses (see Figs 5-11; par. [0023]-[0025], claims 9-12,19,20 disclosing distributing energy to a plurality of independent devices).
Regarding claim 33, Soar discloses the wearable article as claimed in claim 16, further comprising a processor (41-44) (Fig 5; par. [0059]-[0064]), wherein the processor is arranged to determine whether a power transfer condition is satisfied, and, in response to determining that the power transfer condition is satisfied, the processor is arranged to control the power transmitter (49) to transmit electromagnetic energy waves (48) from the power source (3) to the power receiver (50) of the external apparatus (87) (Fig 5; par. [0059]-[0064]).
Regarding claim 34, Soar discloses wearable article as claimed in claim 33, wherein the wearable article is arranged to receive identification information from the external apparatus, and wherein the processor (41-44) is arranged to determine from the identification information whether the power transfer condition is satisfied (Fig 5; par. [0059]-[0064], and in particular Radio Frequency Identification Devices (RFID's) in par. [0013]).
Regarding claim 35, Soar discloses a system (Figs 5-11) comprising:
a first wearable article (87) comprising a power receiver (50,63) (Fig 5; secondary side (i.e. handheld device, weapon etc) inductive power receiver; and, inductive battery and communication data driver / receiver using separate primary power and communication data coils);
a second wearable article (3, 40: primary side (i.e. pocket insert, weapon interface etc) inductive power transmission; and inductive battery and communication data driver / receiver using separate primary power and communication data coils, Figs 1-12, par. [0062]-[0066]) comprising a power source (3) (see Figs 5-11; abstract; par. [0015]-[0016],[0063]); and
a power transmitter (49) arranged to transmit electromagnetic energy waves (48) from the power source (3) to the power receiver (50,63) of the first wearable article (87) (see Figs 5-11; par. [0063],[0085],
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in addition, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board's finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). "Apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). (see MPEP 2114).
Furthermore, it has been held that a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Exparte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (See MPEP 2114)).
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 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.
Claims 18-20 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Soar US Patent Application Publication (US 2012/0206097A1) in view of Leabman et al US Patent (10,153,660 B1).
Regarding claim 18, Soar discloses the wearable article as claimed in claim 16;
Soar does not clearly dicloses wherein the electromagnetic energy waves are microwaves.
Leabman et al is an analogous art pertinent to the problem to be solved in this application in which discloses system and methods for preconfiguring data for wireless charging systems (see Figs 1-32) and further discloses the use of wherein the electromagnetic energy waves are microwaves (see Figs 1-32 and column 14, lines 25 to column 15, line 20; column 30, lines 24-44).
Thus, it would have been an obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Soar with the teaching of Leabman et al by including wherein the electromagnetic energy waves are microwaves in order to identify receivers, and/or used to determine the appropriate characteristics for the power waves that will ultimately provide power to the receivers in the transmission field (Leabman et al, column 30, lines 24-44).
Regarding claim 19, Soar in view of Leabman et al discloses the wearable article as claimed in claim 18, Leabman et al further discloses wherein the electromagnetic energy waves are in the form of a beam of focused microwaves (see Leabman et al Figs 1-32 and column 14, lines 25 to column 15, line 20; column 30, lines 24-44).
Thus, it would have been an obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Soar with the teaching of Leabman et al by including wherein the electromagnetic energy waves are in the form of a beam of focused microwaves in order to identify receivers, and/or used to determine the appropriate characteristics for the power waves that will ultimately provide power to the receivers in the transmission field (Leabman et al, column 30, lines 24-44).
Regarding claim 20, Soar in view of Leabman et al discloses the wearable article as claimed in claim 18, Leabman et al further discloses wherein the wearable article comprises a transducer, and wherein the transducer is arranged to convert electrical energy from the power source into the microwaves (see Leabman et al Figs 1-32 and column 14, lines 63 to column 15, line 20).
Thus, it would have been an obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Soar with the teaching of Leabman et al by including wherein the wearable article comprises a transducer, and wherein the transducer is arranged to convert electrical energy from the power source into the microwaves in order to transmit ultrasound waves toward a receiving device that receives the ultrasound waves and converts them to electrical power (Leabman et al, column 14, lines 63 to column 15, line 20).
Regarding claim 32, Soar discloses the wearable article as claimed in claim 16, Soar does not clearly dicloses wherein the electromagnetic energy waves are ultrasonic waves.
Leabman et al is an analogous art pertinent to the problem to be solved in this application in which discloses system and methods for preconfiguring data for wireless charging systems (see Figs 1-32) and further discloses the use of wherein the electromagnetic energy waves are ultrasonic waves (see Figs 1-32 and column 14, lines 25 to column 15, line 20; column 30, lines 24-44; claim 14).
Thus, it would have been an obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Soar with the teaching of Leabman et al by including wherein the electromagnetic energy waves are ultrasonic waves in order to identify receivers, and/or used to determine the appropriate characteristics for the power waves that will ultimately provide power to the receivers in the transmission field (Leabman et al, column 30, lines 24-44).
Examiner Note
7. The examiner cites particular columns and lines numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the cited prior art in the PTO-892 form attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFONSO PEREZ BORROTO whose telephone number is (571) 270-1714. The examiner can normally be reached on M-F (9am-4pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taelor Kim can be reached on (571) 270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALFONSO PEREZ BORROTO/
Primary Examiner, Art Unit 2836
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