Prosecution Insights
Last updated: September 17, 2026
Application No. 19/237,753

Moisture Sensing Garment

Non-Final OA §103
Filed
Jun 13, 2025
Priority
Aug 28, 2017 — continuation of 10/744,043 +3 more
Examiner
TRIEU, VAN THANH
Art Unit
2687
Tech Center
2600 — Communications
Assignee
Bad Little Monster LLC
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
928 granted / 1099 resolved
+22.4% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
36 currently pending
Career history
1136
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
46.4%
+6.4% vs TC avg
§102
35.9%
-4.1% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1099 resolved cases

Office Action

§103
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 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 45-61 are rejected under 35 U.S.C. 103 as being unpatentable over Ales et al [US 2010/0164733] in view of Chao et al [US 2019/0246937] or Provisional Application No. 62/400,999, filed on 09/28/2026. Claims 1-44 (canceled). Claim 45 (new). A method of making a moisture detection apparatus, comprising: configuring a moisture sensor to secure to an article to sense moisture within said article (the remote detection system for absorbent articles 20, see Fig. 1, abstract), said moisture sensor, generating moisture sensor signals upon occurrence of said moisture in said article (the present disclosure is particularly directed to incorporating a signaling system, such as a wetness or urine sensing system into the absorbent article 20. In this regard, as shown in FIGS. 1-4, the absorbent article 20 includes a first conductive zone 100 spaced from a second conductive zone 102. In accordance with the present disclosure, the first conductive zone 100 and the second conductive zone 102 are integral with or otherwise formed on the outer cover 40 of the absorbent article 20, see Figs. 1-4, para [0022, 0046, 0066, 0114]); and wherein said at least one moisture indicator includes a light emitting element which emits a sensorially perceivable amount of light (the visual signal such as color intensity and/or color changing, see para [0008, 0020, 0074, 0090, 0091, 0112-0114]), a sound emitting element which emits a sensorially perceivable amount of sound (the audible or sound signal, see para [0008, 0074, 0105, 0108, 0109]), a vibration emitting element which emits a sensorially perceivable amount of vibration (the tactile or vibration signal, see para [0008, 0021, 0074, 0105, 0109]). But Ales et al fails to disclose communicatively coupling a processor to a non-transitory computer readable medium containing computer executable instructions executable to activate at least one moisture indicator upon detection of said moisture in said article. However, Ales et al teaches that the absorbent article 20 includes a signaling system that comprises a sensor 120. The sensor 120 is configured to be attached to the outer cover of the absorbent article and is configured to sense a change in a condition within the absorbent structure. In this embodiment, the sensor 120 may comprise, for instance, a temperature sensor, a conductivity sensor, a humidity sensor, a vibration sensor, a chemical sensor, or a material expansion sensor. The sensor 120 can be placed in communication with a signaling device 110. Once a change within the interior of the absorbent article 20 is detected, the signaling device 110 can be configured to emit a signal that indicates a body fluid is present in the absorbent article 20 (see Figs. 1, 7-10, para [0016, 0078, 0079]). The signaling device 110 can emit any suitable signal in order to indicate to the user that the circuit has been closed. The signal, for instance, may comprise an audible signal, a tactile signal, an electromagnetic signal, or a visual signal. The audible signal, for instance, may be as simple as a beep or can comprise a musical tune. In still another embodiment, the signaling device may emit a wireless signal that then activates a remote device, such as a telephone or a pager (see Figs. 7-10, para [0074]). Chao et al suggests that the systems 200 and methods described herein combine both moisture and electromyograph (EMG) sensors 244, 246 in a single wearable garment, along with a suitable output device such as a “smart” mobile device or computer, to provide users with new and useful feedback that can significantly improve incontinence symptoms (see Figs. 1, 6A-D, abstract, para [0004, 0007, 0048, 0049]). A general computing device 700 and an example of a mobile computing device 750, which can be used to process user-related information obtained from sensors 102 as described herein and to implement the techniques described herein (see para 0050]). Memory 704 stores data within computing device 700. In one implementation, memory 704 is a volatile memory unit or units. In another implementation, memory 704 is a non-volatile memory unit or units. Memory 704 also can be another form of computer-readable medium, including, e.g., a magnetic or optical disk. Memory 704 can be tangible and non-transitory (see Figs. 1, 7, para [0053]). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to modify and/or implement the non-transitory computer for communicating sensed data information to a user of Chao et al to the communication signaling device may emit a wireless signal that then activates a remote device, such as a telephone or a pager of Ales et al since both using the communication to emit audible, visual and tactile or vibration signals to the user to acknowledge of the detected moisture levels or amounts. Claim 46 (new). The method of claim 45, wherein said article comprises a moisture absorbent material removably affixed to said moisture detector, said moisture sensor located to detect said moisture captured by said moisture absorbent material (see para [0125]). Claim 47 (new). The method of claim 46, wherein said moisture absorbent material affixable to a garment (see Fig. 1, para [0047]). Claim 48 (new). The method of claim 47, wherein said moisture comprises a body fluid originating from a wearer of said garment (see Fig. 1, para [0008-0011, 0043]). Claim 49 (new). The method of claim 48, wherein said body fluid is selected from one or more of the group consisting of: urine, feces, saliva, blood, breastmilk, mucus, vaginal secretion, semen, amniotic fluid, and vomit (the body fluid such as ammonia, bowel, urine, see para [0008, 0009, 0024]). Claim 57 (new). The method of claim 45, further comprising configuring said a moisture detection apparatus to wirelessly exchange data with a remote computing device (the wireless remote device such as a telephone or a pager, see para [0074]). Claims 50-53 are rejected under 35 U.S.C. 103 as being unpatentable over Ales et al [US 2010/0164733] and Chao et al [US 2020/0163808] and further in view of Abraham et al [US 2012/0109087] Claim 50 (new). The method of claim 45, further comprising configuring said computer executable instructions to: repeatedly interrogate said moisture sensor over a time period (read upon the signaling device may be configured to emit a signal based upon a particular rate of humidity increase within the article. For instance, the signaling device may be configured to emit a signal when the humidity within the article increases by greater than 20% over a period of time of less than about two minutes, such as less than about one minute, see para [0090, 0102, 0103]). But Ales et al fails to disclose calculate a mutual capacitance or a self-capacitance value of each interrogation of said moisture sensor based on said moisture sensor signals; and compare said mutual capacitance or said self-capacitance value of each interrogation of said moisture sensor against a moisture detection capacitance value. However, Ales et al teaches that the signaling system may include a conductivity sensor that senses changes in conductivity within the article. Urine, for instance, is a conductive fluid. Thus, insulting the absorbent article with urine will create a change in conductivity. In one embodiment, for instance, the conductivity sensor may comprise an RF induction coil that senses changes in impedance. The change in impedance may be measured by an oscillator (see para [0019]). Abraham et al suggests that in another variation of this exemplary embodiment, monitoring an electrical property can include monitoring the impedance of an induction coil sensor located adjacent the absorbent article. In a particular aspect of this exemplary embodiment, detecting a change in the electrical property can include detecting a change in the impedance of the induction coil sensor. Analyzing a change in the electrical property can include determining the magnitude of the change of the impedance of the induction coil and classifying the insult as a urine insult or a feces insult based at least in part on the magnitude of the change in the impedance of the induction coil (see para [0017, 0018, 0022]). In still another variation of this exemplary embodiment, monitoring an electrical property associated with the absorbent article comprises monitoring a capacitance using a capacitive sensor mounted adjacent the absorbent article. In a particular aspect of this exemplary embodiment, detecting a change in the electrical property can include detecting a change in the capacitance. Analyzing the change in the electrical property can include determining the rate of change of capacitance over time and comparing the rate of change to a threshold value to determine whether the insult is a urine insult or a feces insult (see para [0019, 0024]). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to substitute the analysis of the sensed of moisture absorbent material by impedance of the induction coil and/or by changing in capacitance and comparing to determined of the urine or feces of Abraham et al to the conductively sensor may comprise an RF induction coil that senses changes in impedance. The change in impedance may be measured by an oscillator of Ales et al and Chao et al for output a higher accuracy result and preventing of false alarm, since both impedance, capacitance and/or admittance are well known in the electrical/electronic detection industries. Claim 51 (new). The method of claim 50, further comprising configuring said computer executable instructions to determine if said mutual capacitance or said self-capacitance value of each interrogation of said moisture sensor is greater than said moisture detection capacitance value (as the combination between Ales et al, Chao et al and Abraham et al in respect to claim 1 and 50 above, see Ales et al, para [0089-0091]) and Abraham et al, para [0074]). Claim 52 (new). The method of claim 51, further comprising configuring said computer executable instructions to determine if said mutual capacitance or said self-capacitance value of repeated interrogations of said moisture sensor being greater than said moister detection capacitance value further increases over said time period (as the combination between Ales et al, Chao et al and Abraham et al in respect to claim 1 and 51 above, see Ales et al, para [0090]) and Abraham et al, Figs. 14-17, para [0075, 0077, 0095]). Claim 53 (new). The method of claim 52, further comprising configuring said computer executable instructions to: validate detection of moisture inside of the garment based on said mutual capacitance or said self-capacitance value being greater than said moister detection capacitance value and increases over said time period (as the combination between Ales et al, Chao et al and Abraham et al in respect to claim 1 and 52 above, see Ales et al, para [0090, 0103]; and activate said at least one moisture indicator which emits a sensorially perceivable indicia upon detection of said moisture (the signal device, see Fig. 1, para [0021, 0105-0110]). Claims 54, 58 are rejected under 35 U.S.C. 103 as being unpatentable over Ales et al [US 2010/0164733] and Chao et al [US 2020/0163808] and further in view of Cohen et al [US 8,604,268] Claim 54 (new). Alis et al fails to disclose configuring said computer executable instructions to activate said at least one moisture indicator and deactivate said at least one moisture indicator upon elapse of a time period. However, Ales et al teaches that the signaling device may be configured to emit a signal when a particular temperature increase has been sensed over a particular period of time. For instance, the signaling device may be configured to emit a signal when the temperature within the article has increased by at least about 8.degree. C. in less than about one minute, such as less than about 30 seconds (see Fig. 13, para [0085]). Alternatively, the signaling device may be configured to emit a signal based upon a particular rate of humidity increase within the article. For instance, the signaling device may be configured to emit a signal when the humidity within the article increases by greater than 20% over a period of time of less than about two minutes, such as less than about one minute (see Fig. 12, para [0090]). Cohen et al suggests that when a body fluid is present in the wetness sensing absorbent article 20, then the device 110 can emit an audible signal or a visual signal to indicate to the user that the circuit has been closed. The audible signal, for instance, may be as simple as one or more beeps to perhaps emitting a musical tune. Similarly, if the signaling device 110 issues a visible signal, the visible signal may comprise one light, a few lights, or an interactive display. In still another aspect of the present invention, the receiver 114 of the signaling device 110 may be configured to vibrate when the circuit within the wetness sensing absorbent article is closed (see Fig. 1, col. 7, lines 29-38). The signaling device 110 may be adapted by any suitable means such that the user may select among a plurality of feedback modes. This is useful, for example, in a situation where a subject has grown accustomed to one feedback mode such as singing along with a song-type signal rather than responding to the song-type signal in a training capacity. The caregiver can select a different signal to continue the training. In a further aspect of the present invention, the signal may be switched off, for example, to silence an alarm or to preserve battery life (see col. 8, lines 31-41). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to add or implement the signal device to be switch off to silence an alarm to preserve battery life of Cohen et al to the signaling device to emit an indication signal in 1 minute or less than 30 seconds of Ales et al and Chao et al for saving battery life and to prevent of inoperable moisture detection device after being activated or emitted for a period of time such as 1 minute or less than 30 seconds. Claim 58 (new). Ales et al fails to disclose configuring said computer executable instructions to transmit notification of detection of said moisture to said remote computing device. However, Ales et al teaches that the signaling device 110 to wireless emitting or transmitting indications to remote device such as a telephone or a pager, see para [0074]). Cohen et al suggests that the historical data can be gathered and processed by the signaling device 110 or by an external device in communication with the signaling device 110. For example, insult and other data can be downloaded from the signaling device 110 to a computer via BLUETOOTH wireless communication enabled devices, RFID, or a custom wetness sensor data reader that plugs into a USB or other port of the computer. Software on the computer uses data from the signaling device 110. The process may be similar to that employed with photo data and digital cameras. The computer can then analyze the data and formulate a recommendation for the caregiver, communicated to the caregiver directly, via another device, or via the signaling device 110. The combination of a small signaling device 110 and a larger display/audio device such as a laptop, cellular phone, or audio device such as an mp3 player makes the system more convenient and accessible for a caregiver (see Fig. 1, col. 10, lines 65-67, col. 11, lines 1-16). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to add or substitute combination of signaling device such as a computer, laptop of Cohen et al to the signaling device wirelessly communicating with the telephone or pager of Ales et al and Chao et al for uploading and downloading data information with a larger memory for storage, as well as to prevent of loosing data information. Claim 55 is rejected under 35 U.S.C. 103 as being unpatentable over Ales et al [US 2010/0164733] and Chao et al [US 2020/0163808] and further in view of Long et al [US 2018/0036180] Claim 55 (new). Alis et al fails to disclose configuring said moisture detection apparatus to remain activated until deactivated by user interaction with a reset element. However, Ales et al teaches that the signaling device may be configured to emit a signal when a particular temperature increase has been sensed over a particular period of time. For instance, the signaling device may be configured to emit a signal when the temperature within the article has increased by at least about 8.degree. C. in less than about one minute, such as less than about 30 seconds (see Fig. 13, para [0085]). Alternatively, the signaling device may be configured to emit a signal based upon a particular rate of humidity increase within the article. For instance, the signaling device may be configured to emit a signal when the humidity within the article increases by greater than 20% over a period of time of less than about two minutes, such as less than about one minute (see Fig. 12, para [0090]). Long et al suggests that the reusable signaling device 120 is adapted to sense wetness without the use of conductors within the absorbent article 20 (see Fig. 1, para [0019]). In one aspect, the wetness detection mat 60 can communicate with the computer 80 using a NATIONAL INSTRUMENTS USB-6001 Multifunction DAQ to interface the wetness detection mat 60 to a USB port. In other aspects, suitable devices are available from other manufacturers including Measurement Computing. In an alternative aspect, the wetness detection mat 60 can interface to a USB port by tapping into the alarm module of the wetness detection mat 60 by monitoring Alarm and Reset signals with a device such as the SPARKFUN USB to Serial Breakout—FT232RL (see Fig. 1, para [0038]). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to add or implement the user interface to tap into the alarm module of the wetness detection mat for resetting signals of Long et al to the signaling device of Ales et al and Chao et al for restarting or reusing of the moisture or wetness detection, for example the signaling device can be resetting or restarting after 1 minute or less than 30 second. Claims 59, 60 are rejected under 35 U.S.C. 103 as being unpatentable over Ales et al [US 2010/0164733] and Chao et al [US 2020/0163808] and Cohen et al [US 8,604,268] and further in view of Oppenheimer [US 2014/0089243] Claim 59 (new). Alis et al fails to disclose configuring said computer executable instructions to associate a date-time stamp with each said notification of detection of said moisture to said remote computing device. However, As the combination between Ales et al and Cohen et al in respect to claim 58 above, and furthermore, Cohen et al teaches that the smart algorithm or learning paradigm such as a neural network is designed such that, based on events recorded by the system such as a historical insult profile, the feedback mode used with the subject is adjusted to optimize the training based on the type of feedback mode that is effective with a given event pattern. The algorithm may also consider the duration the system has been used. The system can adjust the type of feedback mode used with each child. For example, if the system detects that recorded events indicate that a negative feedback mode is not providing training, the system will transition to provide positive a feedback mode and then will track progress to detect whether improvements occur based on the modified feedback type. (See Cohen et al, Fig. 1, col. 10, lines 48-61). The informational item may additionally or alternatively include addresses for web sites available on the Internet, audio recorded information that can be played back by the signaling device 110, recorded information that can be played back when the signaling device 110 is in communication with a computer, and information delivered through the Internet when the signaling device 110 is in communication with the Internet. See col. 12, lines 36-43). Oppenheimer suggests that the moisture/humidity sensor (210.U): In an embodiment, this sensor is configured to detect atmospheric moisture (humidity levels, rain, snow). In an alternative embodiment, the sensor may be configured to detect a surrounding environment of water, for example, if the BIRD (200) is expected to be used under water or if there is a potential of the BIRD (200) being immersed in water. In an alternative embodiment, a BIRD (200) embedded into an item (100) which is worn on a person may be configured to detect perspiration. (See Figs. 2, 5E, para [0858, 01561]). A first portion, or first set of records, of the exemplary historical environmental data log (488) may be data recorded by the BIRD (200) when, for example, the keys are at home, out on a table, not only stationary (139.Stat) but also motionless, at night. Each data record is marked with a date/time stamp (702) indicating when the data was recorded. (See Fig. 7B, para [1984]). Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to add or modify the recording of moisture detected date including date-time stamping of Oppenheimer to the signaling device recording feedback and history data information of Cohen et al and Ales et al and Chao et al for further analysis, studying and training a child, person or animal wearing the moisture monitoring device to provide a greater output results, accordingly. Claim 60 (new). The method of claim 59, further comprising configuring said computer executable instructions to save each said notification associated with said date-time stamp in a moisture detection log in date-time order retrievable by said remote computing device (as the combination between Ales et al, Cohen et al and Chao et al and Oppenheimer in respect to claim 59 above). Claim 61 is rejected under 35 U.S.C. 103 as being unpatentable over Ales et al [US 2010/0164733] and Chao et al [US 2020/0163808] and Cohen et al [US 8,604,268] and Long et al [US 2018/0036180] and further in view of Oppenheimer [US 2014/0089243] Claim 61 (new). The method of claim 60, further comprising configuring said computer executable instructions to: receive reset instructions from said remote computing device; and re-initialize said moisture detection apparatus by user interaction with said computing device (as the combination between Ales et al and Chao et al and Cohen et al and Long and Oppenheimer in respect to claims 55, 59 and 60 above, including resetting and/or restarting or reusing of the moisture monitoring device). Conclusion Claim 56 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art fails to teaching and/or suggesting of “A method of making a moisture detection apparatus, further comprising configuring said computer executable instructions to: determine a power level value of a power source electrically connected to said moisture detection apparatus; compare said power level value of said power source to a low power level value; and activate a low power level indicator if said power level value is less than said low power level value.” The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thoma discloses the training device of the present invention is worn by a dog or other small quadruped and sounds an audio alarm when the animal urinates. This device includes a flexible absorbent panel assembly, a saddle assembly, a back strap assembly, and a front strap. The absorbent panel assembly absorbs the urine discharged and contains embedded moisture sensing electrodes. This panel assembly is supported beneath the animal by the back strap assembly and the saddle assembly. The back strap assembly, passing over the animal's back, supports the rear end of the panel. The saddle assembly, passing over the animal's withers, support the forward end of the panel. The front strap prevents posterior movement of the saddle and panel assemblies. The saddle assembly contains electronics for detecting moisture in the panel assembly, a battery, and an audio alarm. The the panel assembly is releasable from the saddle assembly and is washable. Separate embodiments of this invention are suitable for training male and female animals. [US 5,226,386] Ahong et al discloses the system is disclosed for detecting moisture in an absorbent article worn by a wearer including an impedance sensing element and an attachment member for securing the impedance sensing element at a location on an exterior surface of the absorbent article. The impedance sensing element includes electrodes. The electrodes are positioned so as to be capacitively coupled to an interior region of the absorbent article and to measure an impedance of the absorbent article from the location on the exterior surface of the absorbent article. The system may also include an impedance measurement subsystem for measuring the impedance of the absorbent article and extracting a real component of the impedance and an imaginary component of the impedance for determining a characteristic of the moisture in the absorbent article. [US 2018/0333306] Any Any inquiry concerning this communication or earlier communications from 99number is (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00 AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Wang Quan-Zhen can be reached on (571) 272-3114. Examiner interviews are available via telephone, 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. 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786- 9199 (IN USA OR CANADA) or 571-272-1000. /VAN T TRIEU/ Primary Examiner, Art Unit 2685 08/26/2026
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Prosecution Timeline

Jun 13, 2025
Application Filed
Aug 27, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+13.8%)
2y 0m (~9m remaining)
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