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 .
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive.
Applicant argues on pages 5-6 “Chahine fails to disclose or suggest any of these requirements. The Applicant submits that Chahine's conductive yarns 1301 are exposed only on the outer surface of the garment (e.g., Fig.13; [0210]). The alleged "electrodes" on the bottom surface cited by the Examiner are not portions of the same conductive thread. Rather, they are separate conductive terminals 1302 of the external control unit, which contact the garment from above. Chahine contains no disclosure of any conductive thread being exposed on both the top surface and the bottom surface of the fabric. Further, Chahine does not disclose two distinct conductive threads, one dedicated to the positive polarity and one to the negative polarity, each of which forms both a top-surface conductive area and a bottom-surface electrode. Chahine's yarns 1301 do not carry polarity assignments and do not form electrodes on the opposite fabric side”.
Fig. 13 and [0210] of Chahine:
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[0210] Referring to the embodiment as depicted in FIG. 13, the knitted garment fabric includes a one layer knitted fabric portion 1300. The one layer (single layer) includes a conductive fabric area (i.e. segment) configured to sense and/or function as an electrode 1301 (to deliver EMS or TENS electrical stimulation). The connectors 1302 include metal snaps. The metal snap is configured to make electrical contact with the knitted fabric portion. The metal snap can make contact the skin of the wearer 1303 to enhance conductivity (there can be some frictional discomfort to the wearer). The layer surface for touching the skin (of the user) includes fabric or knitted properties or construction that allows the fabric conductive patch to maintain spatial position within a tolerance at a desired point on the body (of the wearer). Also included is controller 1304.
The examiner is not persuaded. It is clear from figure 13 and [0210] that the conductive portions 1301 will be exposed on both the outer surface and interior surface (1303) as parts of 1301 will touch 1303. It is also clear from [0210] that the conductive portions 1301, are fabric or knitted, and thus are a “conductive thread”. Further, there are clearly two distinct, separate conductive portions 1301 in figure 13. One portion 1301 is labeled positive (+) and one is labeled negative (-) in figure 13. The positive and negative conductive portions 1301 will conduct through the entirety of the conductive portions, including top and bottom surfaces.
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.
Claim(s) 5-9, 11, 13-14, and 19-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chahine et al. (Pub. No.: US 2017/0056644 A1); hereinafter referred to as “Chahine”, in view of Hietanen (Pub. No.: US 2018/0104087 A1); hereinafter referred to as “Hietanen”.
Regarding claim 5, Chahine discloses an elastic fabric (e.g. see [0159]-[0160], [0183]-[0185]) having a bottom surface and a top surface; conductive threads (e.g. see [0210], figure 13 element 1301) incorporated into the elastic fabric such that a portion of each conductive thread is exposed on the top surface of the elastic fabric (e.g. see [0210], figure 13 element 1301), and a portion of each conductive thread is exposed on the bottom surface of the elastic fabric (e.g. see [0210], figure 13 element 1301); and a control unit (e.g. see figure 13, element 1304) comprising: a housing (e.g. see figure 13, element 1304), a positive conductive element (e.g. see figure 13 element 1302) extending from the housing and adapted to make conductive contact with a first conductive thread (e.g. see [0210], figure 13 element 1301) on the top surface of the elastic fabric, a negative conductive element (e.g. see figure 13 element 1302) extending from the housing and adapted to make conductive contact with a second conductive thread (e.g. see [0210], figure 13 element 1301) on the top surface of the elastic fabric, a power source (e.g. see [0050], [0107]), and control circuitry (e.g. see figure 13, element 1304, [0107]).
Chahine discloses the claimed invention but is silent as to the fabric being a conductive kinesiology tape and the adhesive layer coupled to the bottom surface. Hietanen teaches that it is known to use such a modification as set forth in [0020] and the abstract to provide devices enabling patients to self-perform therapeutic manipulation treatment to further aid in recovery from bodily injury (e.g. see [0002]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to use the modifications taught by Hietanen in the system/method of Chahine, since said modification would provide the predictable results of devices enabling patients to self-perform therapeutic manipulation treatment to further aid in recovery from bodily injury.
Regarding claim 6, Chahine discloses the elastic fabric comprises elastic cotton and nylon (e.g. see [0184], [0238]).
Regarding claim 7, Chahine discloses the conductive threads are incorporated into the elastic fabric in a zigzag pattern (e.g. see [0118], [0123], figure 35).
Regarding claim 8, Chahine discloses the conductive threads are woven or stitched into the elastic fabric (e.g. see [0118], [0123], figure 35).
Regarding claim 9, Chahine discloses the conductive threads comprise at least one member chosen from carbon nanotubes, metallized thread, conductive polymer nanofibers, and reduced graphene (e.g. see [0148]).
Regarding claim 11, Chahine discloses the conductive threads comprise metallized thread (e.g. see [0148]).
Regarding claims 13 and 14, Chahine discloses the claimed invention but is silent as to the adhesive comprises an acrylic polymer and adhesive comprises a methacrylate polymer or epoxy diacrylate polymer. Hietanen teaches that it is known to use such a modification as set forth in [0036] to provide devices enabling patients to self-perform therapeutic manipulation treatment to further aid in recovery from bodily injury (e.g. see [0002]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to use said modification taught by Hietanen in the system/method of Chahine, since said modification would provide the predictable results of devices enabling patients to self-perform therapeutic manipulation treatment to further aid in recovery from bodily injury.
Regarding claims 19 and 20, Chahine discloses the claimed invention but is silent as to the conductive kinesiology tape consists of the first and second layers and an optional removable masking layer disposed on the adhesive layer and the conductive kinesiology tape is free of conductive ink. Hietanen teaches that it is known to use such a modification as set forth in [0036]-[0037] to provide devices enabling patients to self-perform therapeutic manipulation treatment to further aid in recovery from bodily injury (e.g. see [0002]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to use said modification taught by Hietanen in the system/method of Chahine, since said modification would provide the predictable results of devices enabling patients to self-perform therapeutic manipulation treatment to further aid in recovery from bodily injury.
Regarding claim 21, see the rejection for claim 1 above.
Regarding claim 22, Chahine discloses the control unit generates low voltage electrical impulses adapted for transcutaneous electrical nerve stimulation or electrical muscle stimulation (e.g. see [0147], [0151]).
Regarding claim 23, Chahine discloses the control unit is wireless (e.g. see figure 13 element 1304).
Regarding claim 24, Chahine discloses the control unit comprises a rechargeable battery, voltage protection feedback loop, and Bluetooth antenna (e.g. see figure 13 element 1304).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chahine and Hietanen, in view of Loh et al. (Pub. No.: US 2022/0087565 A1): hereinafter referred to as “Loh”.
Regarding claim 10, Chahine and Hietanen disclose the claimed invention except for the conductive threads comprise carbon nanotubes. Loh teaches that it is known to use such a modification as set forth in [0006], [0013], [0065], [0076], and [0111] to provide low-profile, conformable, wearable sensors (e.g. see [0065]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to use conductive thread carbon nanotubes as taught by Loh in the system/method of Chahine and Hietanen, since said modification would provide the predictable results of low-profile, conformable, wearable sensors.
Claim(s) 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chahine and Hietanen, in view of Jones (Pub. No.: US 2019/0125693 A1): hereinafter referred to as “Jones”.
Regarding claims 15 and 17, Chahine and Hietanen disclose the claimed invention except for the adhesive further comprises a therapeutic agent, and the therapeutic agent comprises at least one member chosen from menthol, methyl salicylate, and cannabidiol. Jones teaches that it is known to use such a modification as set forth in [0015] and [0028] to facilitate the healing process and reduce inflammation and pain (e.g. see [0016]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to use such a modification as taught by Jones in the system/method of Chahine and Hietanen, since said modification would provide the predictable results of facilitating the healing process and reduce inflammation and pain.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/P.C.E/Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792