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 .
Claim Objections
Claims 1, 2, 7, 9, 10, 11, 12 and 13 are objected to because of the following informalities:
Claim 1, line 2 recites “at least one electrode unit made by applying an electrically conductive polymer on a flexible sheet” should read -- at least one electrode unit comprised of an electrically conductive polymer on a flexible sheet --;
Claim 1, line 5 recites “filiform element silk- defining an electrical continuity with the pad” should read -- filiform element
Claim 1, lines 6-7 recite “the electrode unit being cut from sheet where the electrically conductive polymer is previously applied” should read -- the electrode unit is configured to be cut from the flexible sheet where the electrically conductive polymer is
Claim 1, line 8 recites “a first textile layer in use on a skin side having a first opening to allow” should read -- a first textile layer configured to be used on a skin side comprising a first opening to allow --;
Claim 1, line 9 recites “the pad in use to contact the skin” should read -- the pad
Claim 1, line 11 recites “having a second opening to expose a portion of the filiform element” should read -- comprising a second opening to expose a portion of the filiform element --;
Claim 1, line 13 recites “the second opening and arranged on the surface of the second layer to be in use connected to an” should read -- the second opening and arranged on the surface of the second layer to be
Claim 1, line 21 recites “and allowing in use the band to adhere to a skin of chest following adjustment” should read – and
Claim 2, lines 2-3 recite “an adhesive layer being present on the pad on an opposite side of the skin in use to attach the pad on the first textile layer” should read -- and an adhesive layer
Claim 7, line 2 recites “comprising a boss, configured in a metallic material, fixed to” should read -- comprising a boss, configured of a metallic material, fixed to --;
Claim 7, line 3 recites “the first and / or second layer and having a first surface in use in contact with the skin and a second” should read -- the first and
Claim 9, lines 2-3 recite “wherein the electrical terminal is in use separated from the skin by means of the first textile layer” should read -- wherein the electrical terminal is
Claim 10, lines 2-3 recite “wherein the electrical terminals are configured to define further the mechanical coupling device” should read -- wherein the at least one electrical terminalis configured to define further the mechanical coupling device --;
Claim 11, line 2 recites “electrical terminals and, where present, the boss define a non-axisymmetrical shape to” should read – the at least one electrical terminal
Claim 12, lines 2-3 recite “wherein at least one of the terminal and the boss is made of a magnetic material” should read -- wherein the at least one electrical terminal and the boss are made of a magnetic material --;
Claim 13, lines 2-3 recite “wherein the sheet is added with ceramic particles to increase electrical insulation of applied ink” should read -- wherein the sheet comprises ceramic particles to ly insulate --.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, there is no support for “filiform element silk-defining”, there is no mention of the filiform element comprising “silk” in the specification. Examiner suggests removing “silk-defining” from the claim. Claims 2-20 are rejected by virtue of their dependency on claim 1.
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 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 “at least one electrode made by applying an electrically conductive polymer on a flexible sheet” and “the electrode being cut from sheet where the electrically conductive polymer is previously applied”. It is unclear whether the applicant is trying to claim the band textile device or a method of producing the band textile device. The examiner suggests incorporating the amendments recited in the claim objections in order to claim the band textile device. Claims 2-20 are rejected by virtue of dependency on claim 1.
Claims 4, 17, and 18 recite the limitation "ink" in line 2. There is insufficient antecedent basis for this limitation in the claim as claims 1, 2 and 3 do not mention ink.
Claims 5, 19, and 20 recite the limitation "ink" in line 2 and “the ink” in line 3. There is insufficient antecedent basis for this limitation in the claim as claims 1, 2 and 3 do not mention ink on the pad nor the filiform element.
Claim 8 recites the limitation "the terminal electric" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 8, recites the limitation "with stud" in line 4. It is unclear as to what the stud is. Is the stud also the boss? Further clarification is needed to understand what the stud is referring to. Further, there is insufficient antecedent basis for this limitation in the claim as claims 1 and 7 do not mention a stud.
Claim 11 recites the limitation "the boss" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 11, the phrase "where present" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 13 recites the limitation "applied ink" in line 2. There is insufficient antecedent basis for this limitation in the claim as claim 1 does not mention ink.
Claim 16 recites ”a step of applying a bi-adhesive layer on the sheet on an opposite side of screen printing before the step of cutting”. It is unclear as to what “on an opposite side of screen printing” means as there is no mention of screen-printing in claims 1 or 15. Further screen-printing is a process and not an object, further making it unclear how there is an opposite side of screen-printing. Further clarification is needed in the claim to understand where the bi-adhesive layer is being applied.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3, 6, 9, 10, 14, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Isabel et al. (GB 2596047 A) herein referred to as “Isabel” (see attached).
Regarding claim 1, Isabel discloses a band textile device (the garment may be a dress, brassiere, shorts, pants, arm or leg sleeve, vest, jacket/coat, glove, armband, underwear, headband, hat/cap, collar, wristband, stocking, sock, or shoe, athletic clothing, personal protective equipment, swimwear, wetsuit or drysuit, Page 8, lines 5-12, see attached) comprising: at least one electrode unit made by applying an electrically conductive polymer on a flexible sheet (the sensing components 107 can be of any desired conductive material and are not limited to knitted and woven conductive yarns, the conductive material may include printed conductive ink or conductive transfer formed from layers of insulating and conductive ink, Page 15, lines 21-27, see attached); the electrode unit comprising a pad in contact with a skin of a user in use (raised electrodes 109a, 109b, Page 12, lines 33-37, Figure 1, see attached) and an elongated filiform element silk- defining an electrical continuity with the pads the electrode unit being cut from sheet where the electrically conductive polymer is previously applied (conductive pathways 113a, 113b, Figure 1, the fabric article 100 comprises a plurality of sensing components 107a-f, the rows of sensing components are separated, Figure 11, Page 15, lines 12-18, see attached), a first textile layer in use on the skin side having a first opening to allow the pad in use to contact the skin (first textile layer 307 is proximate to the skin surface S when worn, Page 16, lines 8-10, wherein the electrodes 109a, 109b protrude through the opening of layer 307 to contact the skin, Figures 13-14, see attached), a second layer opposed to the first textile layer with respect to an electrode group and having a corresponding second opening to expose a portion of the filiform element (second layer 301 comprising openings 303a, 303b that are aligned with connection terminals 111a, 111b, of filiform elements 113a, 113b, Figure 13, see attached), at least one electrical terminal fixed in electrical continuity with the filiform element through the second opening and arranged on the surface of the second layer to be in use connected to an electronic control unit configured to receive and process an electrical signal of the pad (connection terminals 111a, 111b are in the openings of the second layer 301 to connect to control unit 200, Figures 13-14, Page 16, lines 30-32, see attached), a mechanical coupling device configured to carry the electronic control unit while being in electrical continuity with the electrical terminal (pocket 305, Page 16, lines 30-32, Figures 13-14, see attached); at least one layer of adhesive material to attach the first textile layer to the second layer (adhesive layers may be provided to form the attachment of the fabric assembly to the outer garment layer 301 and inner garment layer 307, Page 16, lines 12-17, see attached), the electrode group being interposed, to define a band and to sheath the elongated filiform element with adhesive (adhesive layers may be provided to form the attachment of the fabric assembly to the outer garment layer 301 and inner garment layer 307, Page 16, lines 12-17, Figures 13-14, see attached); and a closure device for releasably connecting a first and a second end portion of the band to each other and allowing in use the band to adhere to a skin of chest following adjustment (the garment may be a dress, brassiere (i.e., comprises a clasp to secure the band to the chest), Page 8, lines 5-12, see attached).
Regarding claim 2, Isabel discloses the band textile device according to claim 1, wherein the pad is superimposed on the first textile layer passing through the first opening (electrodes 109a, 109b pass through opening of first textile layer 307, Figure 14), an adhesive layer being present on the pad on an opposite side of the skin in use to attach the pad on the first textile layer (adhesive layers may be provided to form the attachment of the fabric assembly 100a, 100b to the outer garment layer 301 and inner garment layer 307, Page 16, lines 12-17, Figure 14, see attached).
Regarding claim 3, Isabel discloses the band textile device according to claim 2, wherein the pad is glued on the first textile layer out of the first opening along an elongation direction of the filiform element (adhesive layers may be provided to form the attachment of the fabric assembly 100a, 100b to the outer garment layer 301 and inner garment layer 307, Page 16, lines 12-17, Figure 14, along elongation direction of element 113a and 113b, Page 16, lines 2-35, Figures 13-14, see attached).
Regarding claim 6, Isabel discloses the band textile device according to claim 1, wherein the sheet is a fabric (fabric assembly 100a-100b, Page 4, lines 7-9).
Regarding claim 9, Isabel discloses the band textile device according to claim 1, wherein the electrical terminal is in use separated from the skin by means of the first textile layer (electrical terminals 111a, 111b are separated from the skin by means of textile layer 307, Figures 13-14).
Regarding claim 10, Isabel discloses the band textile device according to claim 1, wherein the electrical terminals are configured to define further the mechanical coupling device (electrical terminals are further apart of the mechanical coupling device, Figures 13-14).
Regarding claim 14, Isabel discloses a top comprising the band textile device according to claim 1 (the garment may be a dress, brassiere, shorts, pants, arm or leg sleeve, vest, jacket/coat, glove, armband, underwear, headband, hat/cap, collar, wristband, stocking, sock, or shoe, athletic clothing, personal protective equipment, swimwear, wetsuit or drysuit, Page 8, lines 5-12, see attached).
Regarding claim 15, Isabel discloses a method of manufacturing the band textile device according to claim 1, comprising the steps of: applying ink on the sheet in an area larger than an area of the electrode unit (the conductive material may include printed conductive ink or conductive transfers formed from layer of insulating and conductive ink, Page 15, lines 21-27); and cutting an electrode assembly and the ink from the area (the fabric article can be cut as desired to form a number of smaller fabric articles 100 each having one or more sensing components 107a, 107b, the fabric article 100 can be cut to size, Page 14, lines 11-32).
Regarding claim 16, Isabel discloses the method according to claim 15, comprising a step of applying a bi-adhesive layer on the sheet on an opposite side of screen printing before the step of cutting (before cutting the article comprises a “double-sided layer” since the electrodes 109a, 109b are on one side and the terminal 111a is on the other side of the base component 101, Figure 10).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isabel in view of Berzowka et al. (US 20160249698 A1) herein referred to as “Berzowka”.
Regarding claim 4, Isabel discloses the band textile device according to claim 1.
However Isabel does not explicitly disclose wherein ink is applied by screen-printing.
Berzowska discloses a biosensing garment (Abstract) wherein the electrodes are applied by screen-printing (electrodes may take the form of inks (screen-printed), Paragraph [0056]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Berzowska by including wherein ink is applied by screen-printing. The motivation to do so being to use a well-known method to apply an ink based electrode (Berzowska, Paragraph [0056]).
Regarding claim 17, Isabel discloses the band textile device according to claim 2.
However Isabel does not explicitly disclose wherein ink is applied by screen-printing.
Berzowska discloses a biosensing garment (Abstract) wherein the electrodes are applied by screen-printing (electrodes may take the form of inks (screen-printed), Paragraph [0056]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Berzowska by including wherein ink is applied by screen-printing. The motivation to do so being to use a well-known method to apply an ink based electrode (Berzowska, Paragraph [0056]).
Regarding claim 18, Isabel discloses the band textile device according to claim 3.
However Isabel does not explicitly disclose wherein ink is applied by screen-printing.
Berzowska discloses a biosensing garment (Abstract) wherein the electrodes are applied by screen-printing (electrodes may take the form of inks (screen-printed), Paragraph [0056]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate the teachings of Berzowska by including wherein ink is applied by screen-printing. The motivation to do so being to use a well-known method to apply an ink based electrode (Berzowska, Paragraph [0056]).
Claim(s) 5, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isabel in view of Liu et al. (US 20190328295 A1) herein referred to as “Liu”.
Regarding claim 5, Isabel discloses the band textile device according to claim 1.
However Isabel does not explicitly disclose wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element.
Liu discloses an electrode assembly attachable to a user’s skin (Abstract) wherein the electrodes of the device are screen printed (One or more planar electrodes 220 a-d may then be screen printed on the substrate material 210, Paragraph [0033]), wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element (The electrodes 220 a-d may be screen printed with a predetermined thickness, such as 5 microns or greater, Paragraph [0034], the planar electrodes 220 a-d each include an electrode assembly having only a single electrode having a thickness of between substantially 1 to 15 microns, Paragraph [0035], as seen in Figure 2B the electrode 220d includes the invasive trace (seen as the filiform element) which has the same thickness as the electrode pad).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Liu by including wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element. The motivation to do so being to employ a thickness of the electrode that is suitable for its application (Liu, Paragraph [0043]).
Regarding claim 19, Isabel discloses the band textile device according to claim 2.
However Isabel does not explicitly disclose wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element.
Liu discloses an electrode assembly attachable to a user’s skin (Abstract) wherein the electrodes of the device are screen printed (One or more planar electrodes 220 a-d may then be screen printed on the substrate material 210, Paragraph [0033]), wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element (The electrodes 220 a-d may be screen printed with a predetermined thickness, such as 5 microns or greater, Paragraph [0034], the planar electrodes 220 a-d each include an electrode assembly having only a single electrode having a thickness of between substantially 1 to 15 microns, Paragraph [0035], as seen in Figure 2B the electrode 220d includes the invasive trace (seen as the filiform element) which has the same thickness as the electrode pad).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Liu by including wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element. The motivation to do so being to employ a thickness of the electrode that is suitable for its application (Liu, Paragraph [0043]).
Regarding claim 20, Isabel discloses the band textile device according to claim 3.
However Isabel does not explicitly disclose wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element.
Liu discloses an electrode assembly attachable to a user’s skin (Abstract) wherein the electrodes of the device are screen printed (One or more planar electrodes 220 a-d may then be screen printed on the substrate material 210, Paragraph [0033]), wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element (The electrodes 220 a-d may be screen printed with a predetermined thickness, such as 5 microns or greater, Paragraph [0034], the planar electrodes 220 a-d each include an electrode assembly having only a single electrode having a thickness of between substantially 1 to 15 microns, Paragraph [0035], as seen in Figure 2B the electrode 220d includes the invasive trace (seen as the filiform element) which has the same thickness as the electrode pad).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Liu by including wherein a first thickness of the ink on the pad is thinner or identical of a second thickness of the ink on the filiform element. The motivation to do so being to employ a thickness of the electrode that is suitable for its application (Liu, Paragraph [0043]).
Claim(s) 7, 8, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isabel in view of Hepworth et al. (US 20220248776 A1) herein referred to as “Hepworth”.
Regarding claim 7, Isabel discloses the band textile device according to claim 1.
However Isabel does not explicitly disclose wherein the band textile device comprises a boss, configured in a metallic material, fixed to the first and / or second layer and having a first surface in use in contact with the skin and a second surface uncovered on the second layer in order to transmit a body heat of the user in use on the second surface.
Hepworth discloses a textile patch (Abstract) wherein the device comprises a boss (studs 111a, 111b, Paragraph [0073], Figure 2), configured in a metallic material (conducting studs, Paragraph [0070], Fig. 1C), fixed to the first and / or second layer and having a first surface in use in contact with the skin and a second surface uncovered on the second layer in order to transmit a body heat of the user in use on the second surface (controller 105 and the electrode 101a,b are positioned on opposite side of the textile patch 103 are connected together via conductive studs 111a, 111b that project through the textile patch 103, Paragraph [0073], Figure 2).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Hepworth by including wherein the band textile device comprises a boss, configured in a metallic material, fixed to the first and / or second layer and having a first surface in use in contact with the skin and a second surface uncovered on the second layer in order to transmit a body heat of the user in use on the second surface. The motivation to do so being to connect the controller to the electrodes (Hepworth, Paragraph [0073]).
Regarding claim 8, Isabel in view of Hepworth discloses the band textile device according to claim 7.
However Isabel does not explicitly disclose wherein the second opening and the boss are close together, wherein the electronic control unit, when fixed to the mechanical coupling device, is connected electrically and in heat exchange respectively with the terminal electric and with stud.
Hepworth discloses wherein the second opening and the boss are close together, wherein the electronic control unit, when fixed to the mechanical coupling device, is connected electrically and in heat exchange respectively with the terminal electric and with stud (studs 111a, 111b extend through second opening, and controller 105 and the electrode 101a,b are positioned on opposite side of the textile patch 103 are connected together via conductive studs 111a, 111b that project through the textile patch 103, Paragraph [0073], Figure 2).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Hepworth by including wherein the second opening and the boss are close together, wherein the electronic control unit, when fixed to the mechanical coupling device, is connected electrically and in heat exchange respectively with the terminal electric and with stud. The motivation to do so being to connect the controller to the electrodes (Hepworth, Paragraph [0073]).
Regarding claim 12, Isabel in view of Hepworth discloses the band textile device according to claim 7.
However Isabel does not explicitly disclose wherein at least one of the terminal and the boss is made of a magnetic material.
Hepworth discloses wherein at least one of the terminal and the boss is made of a magnetic material (In some examples, the textile patch and the controller may both comprise magnets or magnetic material. When provided on the surface of the textile patch, the controller may be magnetically attracted to the textile patch to thus from a releasable mechanical attachment, Paragraph [0009], conductive studs are made of magnetic material, here is shown a side view of the garment 200 and biosensing textile 100 as shown in FIG. 1E. In FIG. 2, it can be seen that the controller 105 and the electrode 101a,b are positioned on opposite sides of the textile patch 103 and are connected together via conductive studs 111a, 111b that project through the textile patch 103, Paragraph [0073]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Hepworth by including wherein at least one of the terminal and the boss is made of a magnetic material. The motivation to do so being to form a releasable mechanical attachment (Hepworth, Paragraph [0009]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isabel in view of Otsuka et al. (US 20190261921 A1) herein referred to as “Otsuka”.
Regarding claim 11, Isabel discloses the band textile device according to claim 10.
However Isabel does not explicitly disclose wherein the electrical terminals and, where present, the boss define a non-axisymmetrical shape to define a single angular position to attach the electronic control unit.
Otsuka discloses a biosignal detecting garment (Abstract) wherein the electrical terminals and, where present, the boss define a non-axisymmetrical shape to define a single angular position to attach the electronic control unit (connectors 102 mount to measurement device 106 wherein the connectors 102 define a non-axisymmetrical shape to define a single angular position to attach the control unit 106, Figures 2a and 2b, Paragraph [0038]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Otsuka by including wherein the electrical terminals and, where present, the boss define a non-axisymmetrical shape to define a single angular position to attach the electronic control unit. The motivation to do so being to mount the measurement device to the electrodes (Otsuka, Paragraph [0038]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isabel in view of Connor et al. (US 20150309563 A1) herein referred to as “Connor”.
Regarding claim 13, Isabel discloses the band textile device according to claim 1.
However Isabel does not explicitly disclose wherein the sheet is added with ceramic particles to increase the electrical insulation of applied ink.
Connor discloses an article or clothing comprising flexible energy pathways (Abstract) wherein the sheet is added with ceramic particles to increase the electrical insulation of the pathways (electromagnetic energy can be directed into an energy pathway at a first location and electromagnetic energy from the energy pathway can be measured from the energy pathway at a second location. In an example, wearable energy pathways can comprise non-conductive or less-conductive fibers, traces, yarns, strands, or textiles which are coated, impregnated, or otherwise integrated with conductive material or particles. In an example, a non-conductive or less-conductive fiber, trace, yarn, strand, or textile can be selected from the group consisting of: acetate, acrylic, cotton, denim, elastane, Kevlar, latex, linen, Lycra™, neoprene, nylon, nylon, polyester, wool, silicon rubber, silk, spandex, Danconn or rayon. In an example, conductive material or particles used for coating or impregnation can be selected from the group consisting of: aluminum or aluminum alloy; carbon nanotubes, graphene, or other carbon-based material; magnesium; ceramic particles, Paragraph [0152]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Isabel to incorporate
the teachings of Connor by including wherein the sheet is added with ceramic particles to increase the electrical insulation of the pathways. The motivation to do so being to form energy pathways in the material (Connor, Paragraph [0152]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lindberg et al (US 20070285868 A1) discloses a textile sensor device, Pernu et al. (US 20130131484 A1) discloses a snap control unit, and Macia Barber et al. (US 20130338472 A1) discloses a textile device comprising screen-printed electrodes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights