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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/19/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 4 is 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 4 recites the limitation “at least two first markers” in line 2 and “at least two second markers,” however, the preceding limitations of claim 1 only introduces “a first marker” and “a second marker.” Claim 1 introduces only a single first marker and a single second marker, there is no prior recitation of “at least two first markers” and “at least two second markers” to provide an antecedent basis for the “at least two first markers” and “at least two second markers.” It is unclear whether the claim is intended to require a plurality of a pair of markers (a minimum of two first markers and a minimum of two second markers) or only one pair of markers (a first marker and a second marker).
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.
Claims 1-3 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Abdul-Hafiz et al (US20200113520A1) herein referred to as “Abdul-Hafiz” in view of Medina (US20100081904A1) herein referred to as “Medina.”
Regarding claim 1, Abdul-Hafiz discloses: A system for positioning a sensor patch on a user, ([0075] a system for positioning a band, which is seen as a sensor batch, on a user) the system comprising: a band for creating a pressing force to the sensor patch when the band is stretched, ([0007] the band exerts a force on the sensor) the band comprising a stretchable part, ([0036] the elastic segment 203 is seen as the stretchable part) and a non-stretchable element ([0043] the loose segment is seen as the non-stretchable element) wherein: the non-stretchable element is a ribbon, ([0043] loose segment which is seen as the non-stretchable element can be a suitable string or fabric which is seen as a ribbon) mounted on the band with a connector or an elastic joint at one end and an elastic joint at the other end, ([0043] the anchors, 208 which can be a stretchable material, are seen as the elastic joint which mount the non-stretchable element; See FIG 4A where they connect the non-stretchable element, 210, to the band at both ends) the ribbon even when taut, permitting the stretching of the band, (See FIG 4B where the loose segment, 210 is taut and the band is still stretched). However, Abdul-Hafiz does not explicitly disclose: a first marker located on the stretchable part, a non-stretchable part having a second marker, and wherein: a relative position of the first and second marker indicates an amount of stretch of the stretchable part.
Medina discloses: a first marker located on the stretchable part, ([0014] the elastic band, which is seen as the stretchable part, contains tension arrows which is seen as the first marker), a non-stretchable part having a second marker, ([0014] the tension indicator zone is seen as the second marker, which is located on the low-stretch segment, seen as the non-stretchable part) and wherein: a relative position of the first and second marker indicates an amount of stretch of the stretchable part ([0014] the range of the tension arrows aligned with the tension indicator indicates the amount of stretch of the stretchable part).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the band as disclosed in Abdul-Hafiz to include the indicators as disclosed in Medina. The motivation being that this allows for proper sensor readings from the sensor when the appropriate amount of tension is applied. (Medina [0014]).
Regarding claim 2, Abdul-Hafiz discloses: The system of claim 1, wherein the ribbon is irreversibly mounted on the band ([0043] the anchors is seen as mounting the loose segment, which is seen as the ribbon, irreversibly on the band).
Regarding claim 3, Abdul-Hafiz discloses: The system of claim 1, wherein the ribbon is configured to convey a first tension force, which is less than a second tension force conveyed by the band ([0045] the tension force that the band applies which is seen as the second tension force, is greater than the tension force that the loose segment, seen as the ribbon, applies).
Regarding claim 5, Abdul-Hafiz discloses: The system of claim 1, wherein the band comprises a fastener for adjusting an amount of stretch of the stretchable part ([0035] the fastener for adjusting for size, which is seen as adjusting the amount of stretch, can be a hook and a loop).
Regarding claim 6, Abdul-Hafiz discloses: The system of claim 1, wherein the band comprises a non- stretchable part, ([0043] the loose segment is seen as the non-stretchable part) wherein the non-stretchable part is less stretchable than the stretchable part ([0046] the loose segment has little or no ability to stretch which is seen as being less stretchable than the stretchable part) and wherein at least one of the non-stretchable element or the fastener are mounted on the non-stretchable part ([0043] the anchors, 208, can act as a fastener which is mounted on the non-stretchable part).
Regarding claim 7, Abdul-Hafiz discloses: A method for positioning a sensor patch on a user, ([0006] a method for securing a band, which is seen as a sensor patch, on a user) the method comprising: positioning the sensor patch on the user, positioning on the user the system according to claim 1, ([0006] the method includes positioning the band, seen as the sensor patch on the user) and monitoring the amount of stretch of the stretchable part of the band ([0076] the amount of stretch is monitored via observing the limiter), however, Abdul-Hafiz does not explicitly disclose: monitoring the stretch based as indicated by the relative position of the first marker and the second marker.
Medina discloses: monitoring the stretch based as indicated by the relative position of the first marker and the second marker ([0014] the range of the tension arrows aligned with the tension indicator indicates the amount of stretch of the stretchable part).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the band as disclosed in Abdul-Hafiz to include the indicators as disclosed in Medina. The motivation being that this allows for proper sensor readings from the sensor when the appropriate amount of tension is applied. (Medina [0014]).
Regarding claim 8, Abdul-Hafiz discloses: The method of claim 7, the method further comprising: adjusting the amount of stretch of the stretchable part of the band, by securing the fastener in a desired position on the band, ([0075] the amount of stretch is adjusted based on using the limiter as an indicator and then secured using a fastener mechanism) and wherein the band comprises a fastener for adjusting an amount of stretch of the stretchable part ([0075] the band contains a fastener mechanism for securing the band at the desired stretch).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Abdul-Hafiz in view of Medina in further view of Sayers et al (US20210400917) herein referred to as “Sayers”
Regarding claim 4, Abdul-Hafiz in view of Medina discloses: The system of claim 1, and the non-stretchable element is mounted on the band with elastic joints at both of its ends ([0043] the anchors, 208 which can be a stretchable material, are seen as the elastic joint which mount the non-stretchable element; See FIG 4A where they connect the non-stretchable element, 210, to the band at both ends) however, Abdul-Hafiz in view of Medina does not explicitly disclose: wherein: the stretchable part comprises at least two first markers, which are symmetrical about an axis extending along a width of the band, and wherein the non-stretchable element comprises at least two second markers, which are symmetrical about the same axis.
Sayers discloses: wherein the stretchable part comprises at least two first markers, which are symmetrical about an axis extending along a width of the band, ([0031] the flexible strap 12, containing the tensioning shuttle, which is seen as the stretchable part and contains at least two visual indicators 66 and 68, which is seen as at least two first markers; See FIG 3 where 66 and 68 are symmetrical about he axis) and wherein the non-stretchable element comprises at least two second markers, which are symmetrical about the same axis (See FIG 3 and [0031] the tension indicator portion 32 is seen as the non-stretchable elements and contains markers 52, 54, 56, and 58 which are symmetrical about the same axis and are seen as having at least two second markers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the band as disclosed in Abdul-Hafiz in view of Medina to include the indicators as disclosed in Sayers. The motivation being that this allows for the user to easily see if the band is too tight. (Sayers [0014]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA M GANAN-SINGH whose telephone number is (571)272-3194. The examiner can normally be reached Monday to Friday 7:30am to 5:00pm.
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 M Rodden can be reached at 3032974276. 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.
/C.G.S/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
