DETAILED ACTION
Claim Objections
Claims 2-4, 10, 12, and 19-20 are objected to because of the following informalities; appropriate correction is required:
Claims 2 and 20: “the electronics further comprising” should read “the electronics further comprise.”
Claim 3: “the power the source block” should read “the power source block.”
Claim 4: “of the lights emitters” should read “of the light emitters.”
Claim 10: the claim omits “wherein” before “the electronic display is configured.”
Claim 12: “identify a command” and “display, at an electronic display” should be recited in the gerund form (“identifying,” “displaying”) consistent with the other steps; “causing the external device to perform function” should read “perform a function”; “from external device” should read “from the external device”
Claim 19: the phrase “to be transferred from an external device to the power source block via a wireless modality to the power source block to power” duplicates “to the power source block”; one instance should be deleted.
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.
Claims 8 and 13-14 are 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.
Regarding claim 8
The claim recites “individual light emitter,” which lacks antecedent basis in claim 1, from which claim 8 depends; claim 1 recites only “an electronic display,” which need not comprises light emitters (light emitters are first introduced in claim 4, from which claim 8 does not depend). It is unclear whether claim 8 positively requires the electronic display to include light emitters or merely recites an intended capability applicable when emitters are present, leaving the scope of the claim uncertain. For examination purposes, the claim is interpreted as requiring the electronic display to comprise light emitters.
Regarding claims 13-14:
Claim 13 recites “the power source” and “the electronics”; claim 14 recites “the electronics.” Neither term has antecedent basis in claim 12, which recites power, a plurality of sensors, a controller, an electronic display, but neither “a power source” nor “electronics.” As to the “power source,” it is unclear whether the recitation refers to a power source of the wearable article (never previously introduced) or to the external device from which the power of claim 12 is received, and the uncertainty is material because claim 13 locates “the power source…as a power source block as part of the electronics.” For examination purposes, “the power source” is interpreted as a power source of the wearable article, and “the electronics” is interpreted as the recited sensors, controller, and electronic display collectively.
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.
Claim(s) 1-3, 7, 12-14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Poupyrev; Ivan, US 20160048235 A1] in view of [Nambord; Magnus et al., US 20150288421 A1].
Regarding claim 1:
Poupyrev discloses:
1. A wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”], comprising:
a structure (102) [Poupyrev: Fig.6: shirt 604] configured to at least partially enclose a human body part [Poupyrev: Fig.6: shirt 604; Examiner: A shirt encloses the torso and arms of the wearer.];
and electronics [Poupyrev: Fig.2: interactive textile 102 comprising capacitive touch sensor 202, textile controller 204, power source 206, and network interface(s) 210 ] comprising:
a plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.] positioned between layers of the structure (102) [Poupyrev: Fig.4: first textile layer 402, second textile layer 404, third textile layer 406; ¶ 0046: “first textile layer 402 includes horizontal conductive threads 208, and second textile layer 404 includes vertical conductive threads 208. Third textile layer 406 … is positioned between first textile layer 402 and second textile layer 404”; Examiner: The sensing elements lie within a multi-layer stack that, once integrated in shirt 604 (¶ 0070), constitutes layers of the structure.],
the plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.] being configured to be manipulated in sequence [Poupyrev: Fig.5D; ¶ 0062: “touch-input 530, 532, and 534 is received when a user swipes upwards on interactive textile 102”],
wherein each respective sensor, of the plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.], is configured to output a respective signal associated with a mechanical force applied to the respective sensor [Poupyrev: ¶ 0034: “the position of the touch can be determined by controller 204 by detecting a change in capacitance on the grid of conductive thread 208”; Examiner: A finger touch is a mechanical force, and the per-thread capacitance-change signal is a signal associated with that force.];
a controller (304) [Poupyrev: Fig.2: textile controller 204] communicatively coupled to the plurality of sensors (208) [Poupyrev: ¶ 0033: “Textile controller 204 is coupled to capacitive touch sensor 202”],
wherein the controller (304) [Poupyrev: Fig.2: textile controller 204] is configured to:
receive a first signal via a first sensor of the plurality of sensors (208) and a second signal via a second sensor of the plurality of sensors (208) [Poupyrev: ¶ 0062: “When touch-input 530, 532, and 534 is received, textile controller 204 determines the positions and time of the touch-input on the grid of conductive thread 208, and generates touch data 536 corresponding to the position of a first touch as “X1,Y1” at a time T0, a position of a second touch as “X1,Y2” at a time T1, and a position of a third touch as “X1,Y3” at a time T2”; Examiner: Successive signals from distinct threads of the grid are received.], and based at least in part on a sequence that the first signal and the second signal are received and the first sensor and second sensor being manipulated in a first sequence, identify a command related to a function of a device [Poupyrev: ¶ 0063: “determines gesture 538 as a “swipe up” based on three touches being received in positions moving upwards on the grid of conductive thread 208”; ¶ 0092: “Gesture manager 218 and computing device 106 may be implemented at object 104”; Examiner: In the on-object implementation the sequence-based identification is performed by the article’s own control circuitry, which together with textile controller 292 constitutes the claimed controller under BRI.];
and an antenna (314) [Poupyrev: Fig.2: network interface(s) 210; ¶ 0035: “ By way of example and not limitation, network interfaces 210 may communicate data over a local-area-network (LAN), a wireless local-area-network (WLAN), a personal-area-network (PAN) (e.g., Bluetooth™), a wide-area-network (WAN), an intranet, the Internet, a peer-to-peer network, point-to-point network, a mesh network, and the like (e.g., through network 108 of FIG. 1)”; Examiner: An antenna is necessarily present in an RF interface, which cannot transmit or receive without one.] operatively coupled to the controller (304) [Poupyrev: Fig.2: textile controller 204], the antenna (314) [Poupyrev: Fig.2: network interface(s) 210; ¶ 0035: “network interfaces 210 for communicating data, such as touch data, over wired, wireless, or optical networks to computing devices 106. By way of example and not limitation, network interfaces 210”] configured to communicate with an external device (318) [Poupyrev: Fig.1: smart phone 106-2] according to a wireless modality [Poupyrev: ¶ 0035: “Object 104 may also include network interfaces 210 for communicating data, such as touch data, over wired, wireless, or optical networks to computing devices 106. By way of example and not limitation, network interfaces 210 may communicate data over a local-area-network (LAN), a wireless local-area-network (WLAN), a personal-area-network (PAN) (e.g., Bluetooth™), a wide-area-network (WAN), an intranet, the Internet, a peer-to-peer network, point-to-point network, a mesh network, and the like (e.g., through network 108 of FIG. 1)”], the external device (318) [Poupyrev: Fig.1: smart phone 106-2] not being a part of the wearable article [Poupyrev: ¶ 0029: “the user's smart phone 106-2 in the user's pocket”],
wherein the controller (304) [Poupyrev: Fig.2: textile controller 204] is configured to cause the external device (318) [Poupyrev: Fig.1: smart phone 106-2] to perform a function based on the command, the sequence that the first signal and the second signal are received, and the first sensor and second sensor being manipulated in the first sequence [Poupyrev: ¶ 0029: “the user may be able to swipe up or down on interactive textile 102 integrated within the user's shirt 104-1 to cause the volume on television 106-5 to go up or down, to cause the temperature controlled by a thermostat in the user's house to increase or decrease, or to turn on and off lights in the user's house”; ¶ 0063: “A swipe up gesture, for example, may be used to control computing device 106 to accept a phone call, increase the volume of music being played by a music application 216, or turn on lights in the user's house”];
However, Poupyrev does not expressly disclose:
an electronic display (106) communicatively coupled to the controller (304), wherein the electronic display (106) is configured to display information related to the function; and
wherein the external device (318) operatively couples a power source to the electronics, and wherein the external device (318) provides, via the wireless modality, power to operate the electronic display (106) and the controller (304).
Nambord discloses:
an electronic display (106) [Nambord: Fig.3: low power display device 200 (e.g., E-Ink display)] communicatively coupled to the controller (304) [Nambord: Fig.3: NFC circuit 110; Examiner: NFC circuit 110 with charging circuit 106 is the control circuitry that receives, buffers, and supplies data and power to display 200.], wherein the electronic display (106) is configured to display information related to the function [Nambord: ¶ 0060: “The processor 320 transmits (block 504) the call identifier and/or text through the NFC circuit 310 to the NFC circuit 110 of the cover 100 for display on the display device 200”; ¶ 0051: “For example, whenever a user sets a theme or wallpaper for display on the display device 326 of the user equipment 300, the processor 320 may communicate corresponding data to the NFC circuit 110 of the cover 100 for display on the display device 200. The display device 200 of the cover 100 may thereby be changed to mirror or otherwise change based on changes made to the other display device 326 of the user equipment 300. For example, the processor 320 can transmit data to the cover 100 to cause the display device 200 to display text information that matches at least a portion of text information being displayed on the display device 326 of the user equipment 300”]; and
wherein the external device (318) operatively couples a power source to the electronics [Nambord: ¶ 0065: “The charging circuit 106 charges the rechargeable power supply 108 in response to power received through the inductive coupling to the NFC circuit 310 within the user equipment 300”], and wherein the external device (318) provides, via the wireless modality, power to operate the electronic display (106) and the controller (304) [Nambord: ¶ 0049: “the NFC circuit 110 of the cover 100 generates its operating power from the NFC circuit 310 provided electromagnetic field”; ¶ 0041: “The NFC circuit 110 generates power through inductive coupling to another NFC circuit 310 (FIG. 3) within the user equipment 300. The NFC circuit 110 operates using the power to receive data from the other NFC circuit 310 within the user equipment 300, and to supply the power and the data to the display device 200 to cause the data to be displayed for viewing by a user”; Examiner: One wireless modality (13.56 MHz NFC inductive coupling; ¶ 0048: loop antennas 107 and 316 “effectively forming an air-core transformer”) carries both the communication and the operating power.].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Poupyrev’ s interactive-textile shirt to include Nambord’s NFC-powered display module coupled to the article’s controller, so the wearer’s phone supplies, over the NFC modality, both functional-related content and the operating power for the display and controller. This combines known elements by known methods to yield predictable results, The motivation is stated in the references. Poupyrev’s garment runs on only “a small battery” (¶ 0033) under thinness and flexibility constraints (¶ 0032), and Nambord’s module needs no power source of its own (¶ 0049), retain its image unpowered (¶ 0043), and is energized only during updates (¶ 0060). The predictable result is a garment display presenting the phone’s function information on phone-supplied wireless power. Poupyrev is in the same field of endeavor as the claimed as the claimed invention (garments with touch sensing), and Nambord is reasonably pertinent to the power problem. A POSITA would reasonably expect success because Nambord’s charge buffer scheme expressly overcomes the power shortfall of inductive delivery (¶ 0065).
Regarding claim 2:
Poupyrev discloses:
2. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1,
wherein the external device (318) [Poupyrev: Fig.1: smartphone 106-2] is a mobile device [Poupyrev: Fig.1: smartphone 106-2; ¶ 0029: “the user's smart phone 106-2 in the user's pocket”] and the power source is represented as a power source block (302) as part of the electronics [Poupyrev: Fig.2: power source 206; ¶ 0033: “Power source 206 is coupled to textile controller 204 to provide power to textile controller 204, and may be implemented as a small battery”], and
wherein the electronics further comprising a wireless communication block (306) [Poupyrev: Fig.2: network interface(s) 210; ¶ 0035].
However, Poupyrev does not expressly disclose
wherein the electronics further comprising a wireless communication block coupled to the power source block to allow the power to be transferred from the mobile device to the power source block to power, in full or in part, the electronics of the wearable article.
Nambord discloses:
wherein the electronics further comprising a wireless communication block coupled to the power source block to allow the power to be transferred from the mobile device to the power source block [Nambord: Fig.3: NFC circuit 110 with loop antenna 107; ¶ 0065: “The charging circuit 106 charges the rechargeable power supply 108 in response to power received through the inductive coupling to the NFC circuit 310 within the user equipment 300”] to power, in full or in part, the electronics of the wearable article [Nambord: ¶ 0049: “the NFC circuit 110 of the cover 100 generates its operating power from the NFC circuit 310 provided electromagnetic field”; ¶ 0041: “The NFC circuit 110 operates using the power to receive data from the other NFC circuit 310 within the user equipment 300, and to supply the power and the data to the display device 200 to cause the data to be displayed for viewing by a user”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable article of Poupyrev in view of Nambord to couple the wireless communication block to the power source block to allow power transfer from the mobile device, as taught by Nambord, in order to charge and power the article’s electronics from the mobile device rather than relying solely on the article’s small battery (Poupyrev ¶ 0033; Nambord ¶ 0049). One of ordinary skill would have had a reasonable expectation of success, as Nambord’s rechargeable supply addresses the instantaneous power shortfall of inductive delivery (¶ 0065).
Regarding claim 3:
Poupyrev discloses:
3. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 2.
However, Poupyrev does not expressly disclose:
wherein the electronics further comprising a backup battery that is utilized as a backup in an event that the power cannot be transferred from the mobile device to the power the source block.
Nambord discloses:
wherein the electronics further comprising a backup battery that is utilized as a backup in an event that the power cannot be transferred from the mobile device to the power the source block [Nambord: ¶ 0065: “Although the NFC circuit 310 may supply insufficient power at any given instant to power both the NFC circuit 110 and the display device 200 of the cover 100, the inductive charging circuit 106 can overcome this potential limitation by using the rechargeable power supply 108 to build-up its stored power over time and, thereby, boost the amount of power that is available to temporarily power operation of the display device 200”; Examiner: An event in which the coupling cannot supply the power need for operation is an event in which “the power cannot be transferred” within the meaning of the claim, and the stored reserve then powering operation is a backup].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to retain the battery of Poupyrev in the combined article as a backup store that powers the electronics when power cannot be transferred from the mobile device, consistent with Nambord’s teaching of falling back on stored power when the inductive link cannot supply operational power (¶ 0065), in order to keep the article’s electronics operable when the mobile device is absent or the coupling is insufficient. One of ordinary skill would have had a reasonable expectation of success, as both the batter (Poupyrev ¶ 0033) and the stored-power fallback technique (Nambord ¶ 0065) were known and their combination requires only conventional power-management circuitry.
Regarding claim 7:
Poupyrev in view of Nambord discloses:
7. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1,
wherein the plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.] include at least one of: a pressure sensor, an accelerometer, or a capacitive sensor [Poupyrev: Fig.2: capacitive touch sensor 202; ¶ 0032: “ Capacitive touch sensor 202 is configured to sense touch-input when an object, such as a user's finger, hand, or a conductive stylus, approaches or makes contact with capacitive touch sensor 202. Unlike conventional hard touch pads, capacitive touch sensor 202 uses a grid of conductive thread 208 woven into interactive textile 102 to sense touch-input”].
Regarding claim 12:
Poupyrev discloses:
12. A method comprising:
outputting, for each of a plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.], a signal associated with detection of an external mechanical force [Poupyrev: ¶ 0089: “At 902, touch-input to a grid of conductive thread woven into an interactive textile is detected”; ¶ 0034: “detecting a change in capacitance on the grid of conductive thread 208”; Examiner: A finger touch is a mechanical force, and the per-thread capacitance-change signal is a signal associated with that force.], the plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.] being positioned between layers of a structure (102) [Poupyrev: Fig.4: first textile layer 402, second textile layer 404, third textile layer 406; ¶ 0046: “first textile layer 402 includes horizontal conductive threads 208, and second textile layer 404 includes vertical conductive threads 208. Third textile layer 406 … is positioned between first textile layer 402 and second textile layer 404”; Examiner: The sensing elements lie within a multi-layer stack that, once integrated in shirt 604 (¶ 0070), constitutes layers of the structure.], the structure (102) [Poupyrev: Fig.6: shirt 604] being part of a wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] that is configured to at least partially enclose a human body part [Poupyrev: Fig.6: shirt 604; Examiner: A shirt encloses the torso and arms of the wearer.];
receiving, with a controller (304) [Poupyrev: Fig.2: textile controller 204], each signal via the plurality of sensors (208) [Poupyrev: ¶ 0033: “Textile controller 204 is coupled to capacitive touch sensor 202”; ¶ 0090: “At 904, touch data is generated based on the touch-input. For example, textile controller 204 generates touch data based on the touch-input. The touch data may include a position of the touch-input on the grid of conductive thread 208”];
based on at least one of a sequence or timing that each signal is received and the plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.] being manipulated in a first sequence, identify a command related to a function of a device [Poupyrev: ¶ 0059: “gesture manager 218 determines gesture 516 as a “double-tap” based on two touches being received at substantially the same position at different times. Gesture manager 218 may then initiate a control 518 based on the double-tap touch gesture 516 to control object 104, computing device 106, or an application 216 at computing device 106. A double-tap gesture, for example, may be used to control computing device 106 to power-on an integrated camera, start the play of music via a music application 216, lock the user's house, and so on”; ¶ 0063: “gesture manager 218 determines gesture 538 as a “swipe up” based on three touches being received in positions moving upwards on the grid of conductive thread 208. Gesture manager may then initiate a control 540 based on the swipe up gesture 538 to control object 104, computing device 106, or an application 216 at computing device 106. A swipe up gesture, for example, may be used to control computing device 106 to accept a phone call, increase the volume of music being played by a music application 216, or turn on lights in the user's house”; ¶ 0095: “At 1004, a gesture is determined based on the touch data”; ¶ 0092: “Gesture manager 218 and computing device 106 may be implemented at object 104”; Examiner: In the on-object implementation the identification is performed by the article’s own control circuitry.];
based on at least one of the sequence or timing that each signal is received, and the plurality of sensors (208) [Poupyrev: Fig.2: conductive threads 208 of capacitive sensor 202; ¶ 0034: “ detecting a change in capacitance on the grid of conductive thread 208”; Examiner: Each separately sensed conductive thread is a sensor under BRI.] being manipulated in a first sequence, communicating, via an antenna (314) [Poupyrev: Fig.2: network interface(s) 210; ¶ 0035: “ By way of example and not limitation, network interfaces 210 may communicate data over a local-area-network (LAN), a wireless local-area-network (WLAN), a personal-area-network (PAN) (e.g., Bluetooth™), a wide-area-network (WAN), an intranet, the Internet, a peer-to-peer network, point-to-point network, a mesh network, and the like (e.g., through network 108 of FIG. 1)”; Examiner: An antenna is necessarily present in an RF interface, which cannot transmit or receive without one.] and a wireless modality [Poupyrev: ¶ 0035: “Object 104 may also include network interfaces 210 for communicating data, such as touch data, over wired, wireless, or optical networks to computing devices 106. By way of example and not limitation, network interfaces 210 may communicate data over a local-area-network (LAN), a wireless local-area-network (WLAN), a personal-area-network (PAN) (e.g., Bluetooth™), a wide-area-network (WAN), an intranet, the Internet, a peer-to-peer network, point-to-point network, a mesh network, and the like (e.g., through network 108 of FIG. 1)”], with a primary antenna (314) [Poupyrev: Fig.2: network interface(s) 210; ¶ 0035: “network interfaces 210 for communicating data, such as touch data, over wired, wireless, or optical networks to computing devices 106. By way of example and not limitation, network interfaces 210”] of an external device (318) [Poupyrev: Fig.1: smart phone 106-2; ¶ 0029; Examiner: The phone’s wireless interface necessarily includes an antenna.] and causing the external device (318) [Poupyrev: Fig.1: smart phone 106-2] to perform function [Poupyrev: ¶ 0029: “the user may be able to swipe up or down on interactive textile 102 integrated within the user's shirt 104-1 to cause the volume on television 106-5 to go up or down, to cause the temperature controlled by a thermostat in the user's house to increase or decrease, or to turn on and off lights in the user's house”; ¶ 0063: “A swipe up gesture, for example, may be used to control computing device 106 to accept a phone call, increase the volume of music being played by a music application 216, or turn on lights in the user's house”];
However, Poupyrev does not expressly disclose:
based on the causing the external device (318) to perform the function, at least one of the sequence or timing that each signal is received and the plurality of sensors (208) being manipulated in the first sequence, display, at an electronic display (106) of the wearable article, information related to the function;
and receiving, at a first time from external device (318) and via the wireless modality, power to operate at least one of the electronic display (106) or the controller (304).
Nambord discloses:
based on the causing the external device (318) to perform the function, at least one of the sequence or timing that each signal is received and the plurality of sensors (208) being manipulated in the first sequence, display, at an electronic display (106) of the wearable article, information related to the function [Nambord: Fig.3: low power display device 200 (e.g., E-Ink display); ¶ 0060: “The processor 320 transmits (block 504) the call identifier and/or text through the NFC circuit 310 to the NFC circuit 110 of the cover 100 for display on the display device 200”; ¶ 0051: “For example, whenever a user sets a theme or wallpaper for display on the display device 326 of the user equipment 300, the processor 320 may communicate corresponding data to the NFC circuit 110 of the cover 100 for display on the display device 200. The display device 200 of the cover 100 may thereby be changed to mirror or otherwise change based on changes made to the other display device 326 of the user equipment 300. For example, the processor 320 can transmit data to the cover 100 to cause the display device 200 to display text information that matches at least a portion of text information being displayed on the display device 326 of the user equipment 300”];
and receiving, at a first time from external device (318) and via the wireless modality, power to operate at least one of the electronic display (106) or the controller (304) [Nambord: ¶ 0065: “The charging circuit 106 charges the rechargeable power supply 108 in response to power received through the inductive coupling to the NFC circuit 310 within the user equipment 300”; ¶ 0049: “the NFC circuit 110 of the cover 100 generates its operating power from the NFC circuit 310 provided electromagnetic field”; ¶ 0041: “The NFC circuit 110 generates power through inductive coupling to another NFC circuit 310 (FIG. 3) within the user equipment 300. The NFC circuit 110 operates using the power to receive data from the other NFC circuit 310 within the user equipment 300, and to supply the power and the data to the display device 200 to cause the data to be displayed for viewing by a user”; Examiner: One wireless modality (13.56 MHz NFC inductive coupling; ¶ 0048: loop antennas 107 and 316 “effectively forming an air-core transformer”) carries both the communication and the operating power.].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Poupyrev’ s interactive-textile shirt to include Nambord’ s NFC-powered display module coupled to the article’s controller, so the wearer’s phone supplies, over the NFC modality, both functional-related content and the operating power for the display and controller. This combines known elements by known methods to yield predictable results, The motivation is stated in the references. Poupyrev’ s garment runs on only “a small battery” (¶ 0033) under thinness and flexibility constraints (¶ 0032), and Nambord’ s module needs no power source of its own (¶ 0049), retain its image unpowered (¶ 0043), and is energized only during updates (¶ 0060). The predictable result is a garment display presenting the phone’s function information on phone-supplied wireless power. Poupyrev is in the same field of endeavor as the claimed as the claimed invention (garments with touch sensing), and Nambord is reasonably pertinent to the power problem. A POSITA would reasonably expect success because Nambord’ s charge buffer scheme expressly overcomes the power shortfall of inductive delivery (¶ 0065).
Regarding claim 13:
The limitations of claim 13 have been addressed in the discussion of claim 2 above.
Regarding claim 14:
Poupyrev discloses:
14. The method of claim 12.
However, Poupyrev does not expressly disclose:
further comprising: receiving, at a second time subsequent to the first time and from a backup battery within the electronics, power to operate at least one of the electronic display (106) or the controller (304), the backup battery being utilized as a backup in an event that the power cannot be transferred from the external device (318).
Nambord discloses:
further comprising: receiving, at a second time subsequent to the first time and from a backup battery within the electronics, power to operate at least one of the electronic display (106) or the controller (304), the backup battery being utilized as a backup in an event that the power cannot be transferred from the external device (318) [Nambord: ¶ 0065: “Although the NFC circuit 310 may supply insufficient power at any given instant to power both the NFC circuit 110 and the display device 200 of the cover 100, the inductive charging circuit 106 can overcome this potential limitation by using the rechargeable power supply 108 to build-up its stored power over time and, thereby, boost the amount of power that is available to temporarily power operation of the display device 200”; Examiner: The supply is charged from the external device at a first time and discharged to power the display at a subsequent second time when the coupling cannot supply the power needed, which is an event in which “the power cannot be transferred” within the meaning of the claim].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform the method of claim 12 with the further step of powering the electronics from Poupyrev’s battery at a second time when power cannot be transferred from the external device, consistent with Nambord’s charge-then-discharge fallback (¶ 0065), in order to keep the article operable when the external device is absent or the coupling is insufficient. One of ordinary skill would have had reasonable expectation of success, as both the battery (Poupyrev ¶ 0033) and the stored-power fallback sequence (Nambord ¶ 0065) were known and their combination requires only conventional power-management circuitry.
Regarding claim 17:
The limitations of claim 17 have been addressed in the discussion of claim 7 above.
Claim(s) 4-5, 10-11, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Poupyrev; Ivan, US 20160048235 A1] in view of [Nambord; Magnus et al., US 20150288421 A1] and further in view of [Nelson; Anders Kristofer, US 20110102304 A1].
Regarding claim 4:
Poupyrev in view of Nambord discloses:
4. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1.
However, Poupyrev in view of Nambord does not expressly disclose:
wherein the electronic display (106) includes light emitters, and
wherein the controller (304) is configured to cause each light emitter, of the lights emitters, to selectively emit light based on the identified command.
Nelson discloses:
wherein the electronic display (106) includes light emitters (204) [Nelson: Fig.6: display module 1 with light emitting boards 40, 50, 60], and
wherein the controller (304) is configured to cause each light emitter, of the lights emitters, to selectively emit light based on the identified command [Nelson: ¶ 0040: “each diode is independently and selectively controlled by signals from its respective driver”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement the display of Poupyrev in view of Nambord as the individually controlled LED array of Nelson, in order to present dynamic, light-emissive images visible on the garment (Nelson ¶ 0038). This is a simple substitution of one known garment display type for another with predictable results, and one of ordinary skill would have had a reasonable expectation of success because Nelson’s display module is constructed for textile articles and their laundering (¶ 0059).
Regarding claim 5:
Poupyrev in view of Nambord and further in view of Nelson discloses:
5. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 4.
Nelson further discloses:
wherein individual ones of the light emitters are configured to display variable colors [Nelson: ¶ 0029: “The multi-color diodes may be of type having a red, a green, and a blue diode within a single component”] over time [Nelson: ¶ 0038: “the amount of current provided to a given LED may vary over time to produce a dynamic, or moving, design image”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ Nelson’s multi-color diodes with time-varying drive in the combined article for the same reason as set forth for claim 4, in order to present dynamic multi-color images on the garment (Nelson ¶ 0029, 0038), with predictable results and a reasonable expectation of success since both features as expressly taught within Nelson’s own display module.
Regarding claim 10:
Poupyrev in view of Nambord discloses:
10. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1.
However, Poupyrev in view of Nambord does not expressly disclose:
the electronic display (106) is configured to display multiple colors concurrently.
Nelson discloses:
the electronic display (106) is configured to display multiple colors concurrently [Nelson: ¶ 0029: “The LEDs may be single- or multi-colored diodes, depending on design preferences of the user…. The multi-color diodes may be of type having a red, a green, and a blue diode within a single component, in which case an exemplary circuit board may contain four components and a total of twelve diodes”; ¶ 0038: “Further, the amount of current provided to a given LED may vary over time to produce a dynamic, or moving, design image”; Examiner: An array of red, green, and blue diodes driven to produce a design image present multiple colors at the same time].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement the display of Poupyrev in view of Nambord as Nelson’s multi-color LED array for the reason set forth for claim 4, in order to present multi-color images on the garment (Nelson ¶ 0029, 0038), with predictable results and a reasonable expectation of success since the multi-color capability is built into Nelson’s own display module.
Regarding claim 11:
Poupyrev in view of Nambord discloses:
11. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1.
However, Poupyrev in view of Nambord does not expressly disclose:
wherein the controller (304) is configured to cause the electronic display (106) to display light patterns.
Nelson discloses:
wherein the controller (304) is configured to cause the electronic display (106) to display light patterns [Nelson: ¶ 0040: “each diode is independently and selectively controlled by signals from its respective driver”; ¶ 0038: “ the amount of current provided to a given LED may vary over time to produce a dynamic, or moving, design image”; Examiner: A design image formed of selectively illuminated diodes is a light pattern, and the drivers causing it are the controlling circuitry.].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement the display of Poupyrev in view of Nambord as Nelson’s driver-controlled LED array for the reasons set forth for claim 4, in order to present dynamic light patterns on the garment (¶ 0038), with predictable results and a reasonable expectation of success since the pattern capability is built into Nelson’s own display module.
Regarding claim 15:
The limitations of claim 15 have been addressed in the discussion of claim 4 above.
Regarding claim 16:
The limitations of claim 16 have been addressed in the discussion of claim 5 above.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Poupyrev; Ivan, US 20160048235 A1] in view of [Nambord; Magnus et al., US 20150288421 A1] and further in view of [Vanska; Anssi Ilmari et al., US 20100219943 A1].
Regarding claim 6:
Poupyrev in view of Nambord discloses:
6. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1.
However, Poupyrev in view of Nambord does not expressly disclose:
wherein the electronic display (106) is positioned to form a line with the first sensor, of the plurality of sensors (208), and the second sensor, of the plurality of sensors (208).
Vanska discloses:
wherein the electronic display (106) is positioned to form a line with the first sensor, of the plurality of sensors (208), and the second sensor, of the plurality of sensors (208) [Vanska: Fig.1B: wearable band 100 with electronic display 105 and touch sensing circuits 130; ¶ 0018: “one or more touch sensing circuits 130 are disposed on or below the surface of wearable band 100 in discrete areas across wearable band 100”; ¶ 0020: “In another embodiment, electronic device 105 may further comprise a display 110”; Examiner: The display and the discrete sensing elements are arranged along the elongated extent of the band and therefore form a line.].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to position the display of the Poupyrev in view of Nambord in line with the first and second sensors, as taught by Vanska’s arrangement of a display with discrete touch sensors along the elongate extent of a wearable band, in order to place the visual response where the sliding gesture is made so the wearer sees the display react to the swipe (Vanska ¶ 0029). One of ordinary skill would have had a reasonable expectation of success, as the modification changes only the mounting location of the display on the article. In the alternative, the placement is an obvious rearrangement of parts that would not have modified the operation of the device, the instant specification disclosing no criticality for the in-line arrangement.
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Poupyrev; Ivan, US 20160048235 A1] in view of [Nambord; Magnus et al., US 20150288421 A1] and further in view of [Rosella; Francesca et al., US 20140098206 A1].
Regarding claim 8:
Poupyrev in view of Nambord discloses:
8. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1,
wherein the controller (304) [Poupyrev: Fig.2: textile controller 204] being configured to communicate with the external device (318) [Poupyrev: Fig.1: smart phone 106-2] according to the wireless modality [Poupyrev: Fig.2: network interface(s); ¶ 0035].
However, Poupyrev in view Nambord does not expressly disclose:
wherein the controller (304) is configured to receive instructions for selectively causing individual light emitters to emit light from the external device (318) via the antenna (314).
Rosella discloses:
wherein the controller (304) is configured to receive instructions for selectively causing individual light emitters to emit light from the external device (318) via the antenna (314) [Rosella: ¶ 0015: “ External operating instructions and display data are delivered to the processor 10 by a wireless receiver, such as Bluetooth receiver 14”; ¶ 0015: “The smartphone in turn is supplied with an application that allows it to generate the control signals appropriate to operate the device and transmit to the device data, such as text and image data, to be presented/displayed by the device”; ¶ 0016: “ Each LED forms a pixel of the overall display”; ¶ 0017: “each LED is sequentially provided with an appropriate signal to have it illuminate at the correct color and intensity to produce the desired overall image”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the controller of Poupyrev in view of Nambord to receive operating instructions from the external device via the antenna for selectively driving individual light emitters, as taught by Rosella, in order to allow the wearer’s smartphone to direct what the garment displays (¶ 0005). One of ordinary skill would have had a reasonable expectation of success, as Rosella’s instruction-to-pixel chain is implemented on a garment with conventional wireless and LED drive components (¶ 0015-0017).
Regarding claim 18:
The limitations of claim 18 have been addressed in the discussion of claim 8 above.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Poupyrev; Ivan, US 20160048235 A1] in view of [Nambord; Magnus et al., US 20150288421 A1] and further in view of [Jezewski; Christopher et al., US 20150181692 A1].
Regarding claim 9:
Poupyrev in view of Nambord discloses:
9. The wearable article [Poupyrev: Fig.6: shirt 604; ¶ 0068: “interactive textile 102 is integrated within the sleeve of shirt 604”] of claim 1.
However, Poupyrev in view of Nambord does not expressly disclose:
further comprising a flexible substrate, positioned between a first and second layer of the structure (102), on which the electronics are positioned, the substrate configured to operatively couple the electronic display (106) to the controller (304).
Jezewski discloses:
further comprising a flexible substrate, positioned between a first and second layer of the structure (102) [Jezewski: Fig.3: flexible substrate 206 of the electronic device 200 within pocket 214; ¶ 0030: “A second fabric substrate 212 can be coupled with the first fabric substrate 202 to form a pocket 214 between the fabric substrates 202, 212 in which the electronic device 200 can be located”], on which the electronics are positioned [Jezewski: ¶ 0020: “The one or more electronic components 204 can be mounted to the flexible substrate and the metallization layers 208”; ¶ 0047: “the one or more electronic components comprising at least one of a sensor, a display component, a communication component, a processor, a memory, a system bus, and a power device”], the substrate configured to operatively couple the electronic display (106) to the controller (304) [Jezewski: ¶ 0025: “The metallization layers 208 can provide interconnects that can allow the electronic components 204 to communicate with each other or with an external electronic device”; Examiner: With the display component and processor both mounted on the substrate 206 (¶¶ 0020, 0047) , the substrate’s interconnects operatively couple them.].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to position the electronics of Poupyrev in view of Nambord on a flexible substrate between the layers of the structure, with the substrate’s interconnects coupling the display to the controller, as taught by Jezewski, in order to integrate the components on a common carrier that flexes and bend together with the fabric (Jezewski ¶ 0023) while enclosing layers hold the device in place and encapsulate it (¶ 0030). One of ordinary skill would have had a reasonable expectation of success, as Jezewski’s flexible substrate construction is expressly designed for mounting standard electronic components in fabric articles (¶¶ 0020, 0024).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Nelson; Anders Kristofer , US 20110102304 A1] in view of [Poupyrev; Ivan, US 20160048235 A1] and further in view of [Nambord; Magnus et al., US 20150288421 A1].
Regarding claim 19:
Nelson discloses:
19. A wearable article [Nelson: Fig.6: jacket 625], comprising:
a structure (102) [Nelson: Fig.5A: textile substrate 300 comprising the article] configured to at least partially enclose a human body part [Examiner: Jacket encloses the torso and arm of the wearer.];
and electronics [Nelson: Fig.5A: display module 1] positioned between fabric layers of the structure (102) [Nelson: Figs.5A-B: display module 1 housed in pocket 290 between textile substrate 300 and cover surface 90; ¶ 0059: “the textile substrate 300 comprising the article is provided with a pocket 290 to hold the display module 1 (as shown in FIGS. 5A and 5B)”; ¶ 0060: “ A light-transmitting cover surface (90) is secured to an outer surface of the textile substrate 300, for example, using seams 313 (as shown in FIG. 6) … a textile material, such as a chiffon ”; Examiner: The display electronics thus sits between two fabric layers.], the electronics [Poupyrev: Fig.2: interactive textile 102 comprising capacitive touch sensor 202, textile controller 204, power source 206, and network interface(s) 210 ] comprising:
a
an electronic display (106) [Nelson: Fig.6: display module 1] configured to display information through a textile layer [Nelson: ¶ 0063: “The display module 1--including light emitting boards 40, 50, 60, etc.--is visible through a light-transmitting cover surface 90 of the pocket 290”; ¶ 0060: “a textile material, such as a chiffon”],
wherein the electronic display (106) is configured to display information related to a function [Nelson: ¶ 0038: “LED may vary over time to produce a dynamic, or moving, design image … the user interface at the processor board may be employed to vary the image speed”];
However, Nelson does not expressly disclose:
one or more sensors positioned between the fabric layers,
wherein each sensor is configured to output a signal associated with an external mechanical force;
a controller (304) communicatively coupled to the one or more sensors;
a power source block;
and a wireless communication block coupled to the power source block to allow power to be transferred from an external device (318) to the power source block via a wireless modality to the power source block to power, in full or in part, the electronics of the wearable article,
wherein the external device (318) is not a part of the wearable article.
Poupyrev discloses:
one or more sensors positioned between the fabric layers [Poupyrev: Fig.2: capacitive touch sensor 202; Fig.4: first textile layers, second textile layer 404, third textile layer 406; ¶ 0046: “ Third textile layer 406 … is positioned between first textile layer 402 and second textile layer 404”],
wherein each sensor is configured to output a signal associated with an external mechanical force [Poupyrev: ¶ 0034: “the position of the touch can be determined by controller 204 by detecting a change in capacitance on the grid of conductive thread 208”; Examiner: A finger touch is a mechanical force, and the per-thread capacitance-change signal is a signal associated with that force.].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nelson’s display jacket to incorporate Poupyrev’s textile touch sensor and coupled controller between the garment’s fabric layers. This combines known elements by known methods to yield predictable results. Poupyrev’s sensor itself is a woven textile patch sewn or glued into a garment (¶ 0070), directly compatible with Nelson’s textile construction, and housing it within Nelson’s pocket structure follows Nelson’s own stated rational of protecting garment electronics from dirt and liquid while permitting laundering (¶ 00059), which also supplies a reasonable expectation of success. The motivation is stated in Poupyrev: touch input on the garment lets the wearer control the article and connected devices, such as swiping “to cause the volume … to go up or down” (¶ 0029), giving Nelson’s wearer on-garment control of the display. Poupyrev is in the same field of endeavor as the claimed invention and Nelson, garments with integrated electronics.
Nambord discloses:
a power source block [Nambord: Fig.3: rechargeable power supply 108 with charging circuit 106];
and a wireless communication block (306) coupled to the power source block [Nambord: Fig.3: NFC circuit 110 with loop antenna 107; ¶ 0065: “The charging circuit 106 charges the rechargeable power supply 108 in response to power received through the inductive coupling to the NFC circuit 310 within the user equipment 300” ] to allow power to be transferred from an external device (318) to the power source block via a wireless modality to the power source block to power, in full or in part, the electronics [Nambord: ¶ 0049: “The NFC circuit 110 operates using the power to receive data from the other NFC circuit 310 within the user equipment 300, and to supply the power and the data to the display device 200 to cause the data to be displayed for viewing by a user”] of the wearable article [Nambord: Fig.3: user equipment 300],
wherein the external device (318) is not a part of the wearable article [Nambord: Fig.3: user equipment 300 is not part of the UE cover 100].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Nelson-Poupyrev jacket to include Nambord’s wireless power architecture, a charging circuit and rechargeable supply coupled to an NFC communication circuit as the power source block and wireless communication block powering the garment’s electronics from the wearer’s phone. This combines known elements by known methods to yield predictable results. The motivation is stated in the references: Nelson relegates its battery and processor board to a separate interior pouch (¶ 0066), and arrangement Nambord’s architecture improves upon with a module that has not power source on its own (¶ 0049) and is energized by the phone only when needed (¶ 0057), reducing the garment’s battery burden. The predictable result is a display jacket powered, in full or part, wirelessly from the phone. Nelson and Poupyrev are in the same field of endeavor as the claimed invention (garments with integrated electronics), and Nambord is reasonably pertinent to the particular power problem. A POSITA would reasonably expect success because Nambord’s charge buffer scheme expressly overcomes the power shortfall of inductive delivery (¶ 0065).
Regarding claim 20:
Nelson discloses:
20. The wearable article [Nelson: Fig.6: jacket 625] of claim 19.
However, Nelson does not expressly disclose:
wherein the electronics further comprising a backup battery that is utilized as a backup in an event that the power cannot be transferred from the external device (318) to the power source block via the wireless modality.
Nambord discloses:
wherein the electronics further comprising a backup battery that is utilized as a backup in an event that the power cannot be transferred from the external device (318) to the power source block via the wireless modality [Nambord: ¶ 0065: “Although the NFC circuit 310 may supply insufficient power at any given instant to power both the NFC circuit 110 and the display device 200 of the cover 100, the inductive charging circuit 106 can overcome this potential limitation by using the rechargeable power supply 108 to build-up its stored power over time and, thereby, boost the amount of power that is available to temporarily power operation of the display device 200”; Examiner: An event in which the coupling cannot supply the power need for operation is an event in which “the power cannot be transferred” within the meaning of the claim, and the stored reserve then powering operation is a backup].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to retain the battery of Nelson as a backup that powers the electronics when power cannot be transferred from the external device via the wireless modality, consistent with Nambord’s teaching of falling back on stored power when the inductive link cannot supply operational power (¶ 0065), in order to keep the jacket’s display and controller operable when the external device is absent or the coupling is insufficient. One of ordinary skill would have had a reasonable expectation of success, as both the battery (Nelson ¶ 0042) and the stored-power fallback technique (Nambord ¶ 0065) were known and their combination requires only conventional power-management circuitry.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is AUTO-PROCESSED AND APPROVED immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4, 7-12, and 16-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-10, 12, 15-18 of U.S. Patent No. 12,514,304.
Regarding claim 1, 4, 7-12, and 16-19:
Although the claims at issue are not identical, they are not patentably distinct from each other because, as shown in the claim comparison table below, it is clear that all the elements of the application claim are to be found in patent claim (as the application claim fully encompasses patent claim). The difference between the application claim and the patent claim lies in the fact that the patent claim includes many more elements and is thus much more specific. Thus, the invention of the patent claim is, in effect, a “species” of the “generic” invention of the application claim. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim is anticipated by the patent claim, it is not patentably distinct from the patent claim.
Instant Application No.: 19/420,305
Patent No.: US 12514304 B2
1. A wearable article, comprising:
a structure configured to at least partially enclose a human body part; and electronics comprising:
a plurality of sensors positioned between layers of the structure,
the plurality of sensors being configured to be manipulated in sequence, wherein each respective sensor, of the plurality of sensors, is configured to output a respective signal associated with a mechanical force applied to the respective sensor;
a controller communicatively coupled to the plurality of sensors, wherein the controller is configured to:
receive a first signal via a first sensor of the plurality of sensors and a second signal via a second sensor of the plurality of sensors, and based at least in part on a sequence that the first signal and the second signal
are received and the first sensor and second sensor being manipulated in a first sequence,
identify a command related to a function of a device;
an electronic display communicatively coupled to the controller, wherein the electronic display is configured to display information related to the function; and
an antenna operatively coupled to the controller, the antenna configured to communicate with an external device according to a wireless modality, the external device not being a part of the wearable article, wherein the controller is configured to cause the external device to perform a function based on the command, the sequence that the first signal and the second signal are received, and the first sensor and second sensor being manipulated in the first sequence;
wherein the external device operatively couples a power source to the electronics, and wherein the external device provides, via the wireless modality, power to operate the electronic display and the controller.
4. The wearable article of claim 1, wherein the electronic display includes light emitters, and wherein the controller is configured to cause each light emitter, of the lights emitters, to selectively emit light based on the identified command.
7. The wearable article of claim 1, wherein the plurality of sensors include at least one of: a pressure sensor, an accelerometer, or a capacitive sensor.
8. The wearable article of claim 1, wherein the controller is configured to receive instructions for selectively causing individual light emitters to emit light from the external device via the antenna based on the controller being configured to communicate with the external device according to the wireless modality.
9. The wearable article of claim 1, further comprising a flexible substrate, positioned between a first and second layer of the structure, on which the electronics are positioned, the substrate configured to operatively couple the electronic display to the controller.
10. The wearable article of claim 1, the electronic display is configured to display multiple colors concurrently.
11. The wearable article of claim 1, wherein the controller is configured to cause the electronic display to display light patterns.
12. A method comprising:
outputting, for each of a plurality of sensors, a signal associated with detection of an external mechanical force, the plurality of sensors being positioned between layers of a structure, the
structure being part of a wearable article that is configured to at least partially enclose a human body part;
receiving, with a controller, each signal via the plurality of sensors;
based on at least one of a sequence or timing that each signal is received and the plurality of sensors being manipulated in a first sequence,
identify a command related to a function of a device;
based on at least one of the sequence or timing that each signal is received,
and the plurality of sensors being manipulated in a first sequence, communicating, via an antenna and a wireless modality, with a primary antenna of an external device and causing the external device to perform function;
based on the causing the external device to perform the function, at least one of the sequence or timing that each signal is received and the plurality of sensors being manipulated in the first sequence, display, at an electronic display of the wearable article, information related to the function;
and receiving, at a first time from external device and via the wireless modality, power to operate at least one of the electronic display or the controller.
16. …
17. …
18. …
19. A wearable article, comprising:
a structure configured to at least partially enclose a human body part; and electronics positioned between fabric layers of the structure, the electronics comprising:
one or more sensors positioned between the fabric layers,
wherein each sensor is configured to output a signal associated with an external mechanical force;
a controller communicatively coupled to the one or more sensors;
an electronic display configured to display information through a textile layer, wherein the electronic display is configured to display information related to a function;
a power source block; and a wireless communication block coupled to the power source block to allow power to be transferred from an external device to the power source block via a wireless modality to the power source block to power, in full or in part, the electronics of the wearable article, wherein the external device is not a part of the wearable article.
1. A wearable article, comprising:
a structure configured to at least partially enclose a human body part; and electronics comprising:
an array of sensors positioned between layers of the structure
and isolated against environmental conditions, the array of sensors being positioned along a common axis at one or more locations within the structure,
the array of sensors being configured to be manipulated in sequence, wherein each respective sensor, of the array of sensors, is configured to output a respective signal associated with a mechanical force applied to the respective sensor;
a controller communicatively coupled to the array of sensors, wherein the controller is configured to:
receive a first signal via a first sensor of the array of sensors and a second signal via a second sensor of the array of sensors, and based on a sequence and timing that the first signal and the second signal
are received and the first sensor and second sensor being manipulated in a first sequence, identify a command related to a function of a device;
an electronic display communicatively coupled to the controller, wherein the electronic display is configured to display information related to the function;
an antenna operatively coupled to the controller, the antenna configured to communicate with an external device according to a wireless modality, the external device not being a part of the wearable article, wherein the controller is configured to cause the external device to perform a function based on the command, the sequence and timing that the first signal and the second signal are received, and the first sensor and second sensor being manipulated in the first sequence; and
15. The method of claim 10, wherein the external device operatively couples a power source to the electronics, wherein the external device provides, via the wireless modality, power to operate the electronic display and the controller.
a holder attached to the structure, the holder configured to secure the external device and operatively couple the external device to the electronics, wherein the controller being configured to cause the external device to perform the function is based on the holder operatively coupling the external device to the electronics and further based on communication between a primary antenna of the external device and the antenna of the wearable article via the wireless modality.
2. The wearable article of claim 1, wherein the electronic display includes light emitters, and wherein the controller is configured to cause each light emitter, of the lights emitters, to selectively emit light based on the identified command.
5. The wearable article of claim 1, wherein the array of sensors include at least one of: a pressure sensor, an accelerometer, or a capacitive sensor.
6. The wearable article of claim 1, wherein the controller is configured to receive instructions for selectively causing individual light emitters to emit light from the external device via the antenna based on the controller being configured to communicate with the external device according to the wireless modality.
7. The wearable article of claim 1, further comprising a flexible substrate, positioned between a first and second layer of the structure, on which the electronics are positioned, the substrate configured to operatively couple the electronic display to the controller.
8. The wearable article of claim 1, the electronic display is configured to display multiple colors concurrently.
9. The wearable article of claim 1, wherein the controller is configured to cause the electronic display to display light patterns.
10. A method comprising:
outputting, for each of a plurality of sensors, a signal associated with detection of an external mechanical force, the plurality of sensors being positioned along a common axis and between layers of a structure, the plurality of sensors being isolated against environmental conditions, the plurality of sensors being configured to be manipulated in sequence,
the structure being part of a wearable article that is configured to at least partially enclose a human body part;
receiving, with a controller, each signal via the plurality of sensors;
based on a sequence and timing that each signal is received and the plurality of sensors being manipulated in a first sequence,
identify a command related to a function of a device;
operatively coupling, via a holder, an external device to the electronics, the holder being attached to the structure, the holder being configured to secure the external device, the external device not being a part of the wearable article;
based on the sequence and timing that each signal is received,
the operatively coupling, via the holder, the external device to the electronics,
and the plurality of sensors being manipulated in a first sequence, communicating, via an antenna and a wireless modality, with a primary antenna of the external device and causing the external device to perform function;
and based on the causing the external device to perform the function, the
sequence and timing that each signal is received and the plurality of sensors being manipulated in the first sequence, display, at an electronic display of the wearable article, information related to the function.
(recited in claim 15)
12. …
16. …
17. …
18. A wearable article, comprising:
a structure configured to at least partially enclose a human body part; and electronics positioned between fabric layers of the structure, the electronics comprising:
a plurality of sensors positioned between the fabric layers
and along a common axis at one or more locations within the structure,
wherein each sensor, of the plurality of sensors, is configured to output a signal associated with an external mechanical force,
the plurality of sensors being configured to be manipulated in sequence;
a controller communicatively coupled to the plurality of sensors,
wherein the controller is configured to: receive a first signal via a first sensor of the plurality of sensors and a second signal via a second sensor of the plurality of sensors, and based on a sequence and time that the first signal and the second signal are received and the first sensor and second sensor being manipulated in a first sequence, receive a command related to a function of a device; a textile layer of the fabric layers;
an electronic display configured to display information through the textile layer; wherein the electronic display is configured to display information related to the function;
(recited in claim 15)
an antenna configured to communicate with an external device and cause the external device to perform a function according to a wireless modality based on the command, the sequence and time that the first signal and the second signal are received, and the first sensor and second sensor being manipulated in the first sequence, wherein the external device is not a part of the wearable article; and a holder attached to the structure, the holder configured to secure the external device and operatively couple the external device to the electronics, wherein the controller being configured to cause the external device to perform the function is based on the holder operatively coupling the external device to the electronics and further based on communication between a primary antenna of the external device and the antenna of the wearable article via the wireless modality.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
[Fan; James W. et al., US 20150301671 A1] discloses:
“Concepts and technologies disclosed herein are directed to a pressure-based input method for user devices. According to one aspect disclosed herein, a user device can receive an output from a pressure sensor. The output can include parameters associated with a pressure applied to the pressure sensor by a user. The user device can analyze the output to determine a command to be executed by the user device. The user device can execute the command,” as recited in the abstract.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Koosha Sharifi-Tafreshi whose telephone number is (571)270-5897. The examiner can normally be reached Mon - Fri 8AM to 5PM EST.
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/KOOSHA SHARIFI-TAFRESHI/Primary Examiner, Art Unit 2628
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