Office Action 4: Final Rejection (2024-10-10)
Rejection types: 103 - Obviousness

CLAIMS:
AMENDMENTS TO THE CLAIMS

The listing of claims will replace all prior versions, and listings, of claims in the application:

Listing of Claims:

1-10. (Canceled)29

11\. (Currently Amended) A smart garment for detecting physiological data of a user, the smart garment comprising:a garment configured to be worn on an upper body of the user,
a plurality of textile-based ECG electrodes, wherein each of the plurality of textile-based ECG electrodes comprises interlaced conductive fibers for conducting a plurality of ECG signals with respect to the upper body of the user while in contact with skin of the user;
wherein the plurality of textile-based ECG electrodes includes a textile-based ECG electrode pairing comprising at least one textile-based ECG generator electrode for transmitting a generated signal through the ' skin of the user, and at least one textile-based ECG receiver electrode, spaced apart from the textile-based ECG generator electrode, for sensing the generated signal through the user's skin,
a controller device electronically coupled to the plurality of textile-based ECG electrodes, the controller device configured to:
generate the generated signal,
transmit the generated signal through the at least one textile-based ECG generator electrode,
sense the generated signal from the at least one textile-based ECG generator electrode via the at least one textile-based ECG receiver electrode,
based on sensing the generated signal via the at least one textile-based ECG receiver electrode, determine that the at least one textile-based ECG generator electrode and/or the at least one textile-based ECG receiver electrode of the textile-based ECG electrode pairing (i) is at least partially out of contact with the skin of the user and/or (ii) causes the generated signal that is

transmitted through the at least one of the textile-based ECG generator electrode to be of unacceptable signal quality,deselect the at least one textile-based ECG generator electrode and/or the at least one textile-based ECG receiver electrode of the textile-based ECG electrode pairing, and select another textile-based ECG electrode pairing, and
repeat said generatinge and said sensinge of the generated signal using the another textile-based ECG electrodepairings.

12\. (Previously Presented) The smart garment of claim 11, wherein the controller determines a percentage of contact surface area of one or more of the plurality of textile-based ECG electrodes with the skin of the user.

13\. (Previously Presented) The smart garment of claim 11, wherein the controller detects whether one or more of the plurality of textile-based ECG electrodes are in acceptable contact with the skin of the user.

14\. (Currently Amended) The smart garment of claim 11, further comprising monitoring a signal quality of the generated signal and repeating deselecting the determined textile-based ECG electrode and selecting a different textile-based ECG electrode as a result of said monitoring.

15\. (Previously Presented) The smart garment of claim 11, wherein the interlaced conductive fibers comprise conductive yarns.

16\. (Previously Presented) The smart garment of claim 15, wherein the conductive yarns are knitted into the ECG electrode.

17\. (Previously Presented) The smart garment of claim 11, wherein the controller determines a change in a desired location of one or more of the plurality of the textile-based ECG electrodes.

18\. (Currently Amended) The smart garment of claim 11, further comprising a plurality of the textile-based ECG generator electrodes and plurality of the textile-based ECG receiver electrodes.

19\. (Currently Amended) The smart garment of claim 18, wherein the generated signal is generated using a given generator electrode of the plurality of textile-based ECG generator electrodes and the generated signal is sensed using a given receiver electrode of the plurality of textile-based ECG receiver electrodes.

20\. (Currently Amended) The smart garment of claim 19, wherein the controller is configured to determine whether the generated signal generated using the given generator electrode and the generated signal sensed using the given receiver electrode does not satisfy a quality threshold, and selects an alternative generator electrode and/or an alternative receiver electrode.

21\. (Previously Presented) The smart garment of claim 20, wherein the controller continues selecting alternative generator electrodes and/or alternative receiver electrodes to choose a generator electrode and receiver electrode pairing that satisfies a signal quality threshold.

22\. (Previously Presented) The smart garment of claim 11, wherein the garment includes a belt portion having at least one of the plurality of textile-based ECG electrodes.

23\. (Previously Presented) The smart garment of claim 11, wherein the interlaced conductive fibers are formed by weaving electrically conductive threads.

24\. (Previously Presented) The smart garment of claim 11, wherein the controller uses physiological data sensed by the plurality of textile-based ECG electrodes to determine a quantity of the user selected from the group consisting of: a PR interval, a QT interval, a corrected QT (QTc) interval, a PR axis, and a QRS axis.

25\. (Previously Presented) The smart garment of claim 11, wherein the plurality of textile-based ECG electrodes are exposed on a first side and insulated on a second side.

26\. (Previously Presented) The smart garment of claim 11, wherein the interlaced conductive fibers are interlaced with non-conductive fibers of a body of the smart garment.

27\. (Previously Presented) The smart garment of claim 11, further comprising a conductive trace connected to the each of the plurality of textile-based ECG electrodes, each of the conductive traces for connecting the plurality textile-based ECG electrodes to the controller for sending and receiving one or more electronic signals using the plurality of textile-based ECG electrodes.

28\. (Previously Presented) The smart garment of claim 27, wherein the controller alternates different pairings chosen from the plurality of textile-based ECG electrodes as one or more selected pairs in order to determine a decided optimum signal from the one or more electronic signals received from the different pairings.

29\. (Currently Amended) A smart garment for detecting physiological data of a user, the smart garment comprising:a plurality of textile-based ECG electrodes, wherein each of the plurality of textile-based ECG electrodes comprises interlaced conductive fibers for conducting a plurality of ECG signals with respect to a body of the user;
wherein the plurality of textile-based ECG electrodes includes at least one textile-based ECG generator electrode for transmitting a generated signal through the user's skin, and at least one textile-based ECG receiver electrode spaced apart from the textile-based ECG generator electrode for sensing the generated signal through the user's skin, wherein the textile-based ECG generator electrode that generates the generated signal and the textile-based ECG receiver electrode that senses the generated signal define atextile-based ECG electrode pairing,
a controller device electronically coupled to the plurality of textile-based ECG electrodes, the controller device configured to:

generate the generated signal,
transmit the generated signal through the at least one textile-based ECG generator electrode,
sense the generated signal via one or more textile-based ECG receiver electrodes,
based on the sensing the generated signal, determine at least one of the plurality of textile-based ECG electrodes from the textile-based ECG electrode pairing (i) is at least partially out of contact with skin of the user and/or (ii) causes the generated signal that is transmitted through the at least one ECG generator electrode to be of unacceptable signal quality,
deselect the at least one determined textile-based ECG electrode from the electrode pairing, and select another textile-based ECG electrode pairing, and
repeat said generate and said sense of the generated signal using the another extile-based ECG electrodepairings.

30\. (Currently Amended) The smart garment of claim 11, wherein the controller device is configured to process the generated signal to analyze the physiological data to determine a defined health event of the user.

OFFICE ACTION:
DETAILED ACTION
This office action is in response to the communication dated 27 September 2024 concerning Application No. 18/081,984 filed on 15 December 2022.
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 .
In the event the determination of the status of the application as subject to AIA  35 U.S.C. 102 and 103 (or as subject to pre-AIA  35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 11-30 are pending and currently under consideration for patentability; claims 11, 14, 18-20, 29, and 30 have been amended; claims 1-10 previously were cancelled.
Response to Arguments
Applicant’s arguments dated 27 September 2024 have been fully considered, but they are not persuasive or moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Examiner has addressed the amended limitations in the updated text of the rejection below.
Applicant argues that “Chen does not teach or suggest sense the generated signal from the at least one textile- based ECG generator electrode via the one or more textile-based ECG receiver electrode as recited by amended claims 11 and 29” (Arguments, p. 7).  The Examiner has addressed the amended limitations in the updated text below.  The Examiner also respectfully notes that the Chahine reference, not Chen, was used to teach or suggest similar limitations in the previous Office Action.
Applicant argues that “Chen does not teach or suggest based on sensing the generated signal... deselect the at least one determined textile-based ECG electrode from the electrode pairing, and select another textile-based ECG electrode pairing, repeat said generate and said sense of the generated signal using the another textile-based ECG electrode pairing as recited by amended claims 11 and 29” (Arguments, pp. 7-8).  The Examiner has addressed the amended limitations in the updated text below.  Regarding the non-amended portions of the limitations, the Examiner respectfully disagrees and directs Applicant at least to Chen’s paragraphs [0044] - [0046] and [0048], which describe an electrode selection algorithm which changes the sensing electrodes if it is determined that the signal quality is low, for example by considering “contact between the skin and the electrodes” (Chen, [0046]).  Therefore, the Examiner respectfully maintains that Chen describes deselecting one electrode and selecting a different electrode based on the sensed signal.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 11-16, 18-23, and 25-30 are rejected under 35 U.S.C. 103 as being unpatentable over Chahine et al. (US 2017/0056644 A1) in view of Chen et al. (US 2010/0041975 A1).
Regarding claim 11, Chahine describes a smart garment for detecting physiological data of a user ([0020]), the smart garment comprising
a garment configured to be worn on an upper body of the user ([0039])
a plurality of textile-based electrodes, wherein each of the plurality of textile-based electrodes comprises interlaced conductive fibers for conducting a plurality of signals with respect to the upper body of the user while in contact with skin of the user ([0022], [0050], [0192])
wherein the plurality of textile-based electrodes includes a textile-based ECG electrode pairing ([0026], [0028]) comprising at least one textile-based generator electrode for transmitting a generated signal through the skin of the user and at least one textile-based receiver electrode spaced apart from the textile-based generator electrode for sensing the generated signal through the user’s skin ([0004], [0151])
a controller device electronically coupled to the plurality of textile-based electrodes ([0004], [0026]), the controller device configured to
generate the generated signal ([0004], [0026])
transmit the generated signal through at least one generator electrode ([0004], [0026])
sense the generated signal from the at least one textile-based generator electrode via the at least one textile-based receiver electrodes ([0020])
Regarding claim 11, Chahine does not explicitly disclose wherein the textile-based electrodes are ECG electrodes, and Chahine does not explicitly disclose wherein the controller device is configured to
based on sensing the generated signal via the at least one textile-based ECG receiver electrode, determine that the at least one textile-based ECG generator electrode and/or the at least one textile-based ECG receiver electrode of the textile-based ECG electrode pairing (i) is at least partially out of contact with the skin of the user and/or (ii) causes the generated signal that is transmitted through the at least one of the textile-based ECG generator electrode to be of unacceptable signal quality
deselect the at least one textile-based ECG generator electrode and/or the at least one textile-based ECG receiver electrode of the textile-based ECG electrode pairing, and select another textile-based ECG electrode pairing
repeat said generating and said sensing of the generated signal using the another textile-based ECG electrode pairing
However, Chen also describes a smart garment for detecting physiological data of a user ([0030] - [0031]), including a plurality of ECG electrodes ([0030]) and a controller device configured to
based on sensing a generated signal via at least one textile-based ECG receiver electrode, determine that the at least one textile-based ECG generator electrode and/or the at least one textile-based ECG receiver electrode of the textile-based ECG electrode pairing is at least partially out of contact with the skin of the user and/or causes the generated signal that is transmitted through at least one ECG generator electrode to be of unacceptable signal quality ([0011], [0041])
deselect the at least one textile-based ECG generator electrode and/or the at least one textile-based ECG receiver electrode of the textile-based ECG electrode pairing, and select another textile-based ECG electrode pairing ([0044] - [0045])
repeat said generating and said sensing of the generated signal using the another textile-based ECG electrode pairing ([0045] - [0046])
As Chen is also directed towards detecting physiological data of a user and is in a similar field of endeavor, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to incorporate a signal quality detection component similar to that described by Chen when using the electrodes described by Chahine, as doing so advantageously ensures that the measured physiological data is of acceptable quality for further analysis.
Regarding claim 12, Chen describes wherein the controller determines a percentage of contact surface area of one or more of the plurality of textile-based ECG electrodes with the skin of the user ([0046]).
Regarding claim 13, Chen describes wherein the controller detects whether one or more of the plurality of textile-based ECG electrodes are in acceptable contact with the skin of the user ([0041]).
Regarding claim 14, Chen describes monitoring a signal quality of the generated signal and repeating deselecting the determined textile-based ECG electrode and selecting a different textile-based ECG electrode as a result of said monitoring ([0045] - [0046]).
Regarding claim 15, Chahine describes wherein the interlaced conductive fibers comprise conductive yarns ([0104]).
Regarding claim 16, Chahine describes wherein the conductive yarns are knitted into the electrode ([0148]), and Chen describes wherein the electrode is an ECG electrode ([0044]).
Regarding claim 18, Chen describes a plurality of the textile-based ECG generator electrodes and plurality of the textile-based ECG receiver electrodes ([0009], [0038]).
Regarding claim 19, Chen describes wherein the generated signal is generated using a given generator electrode of the plurality of textile-based ECG generator electrodes and the generated signal is sensed using a given receiver electrode of the plurality of textile-based ECG receiver electrodes ([0009], [0038]).
Regarding claim 20, Chen describes wherein the controller is configured to determine whether the generated signal generated using the given generator electrode and the generated signal sensed using the given receiver electrode does not satisfy a quality threshold, and selects an alternative generator electrode and/or an alternative receiver electrode ([0041] - [0042], [0044] - [0046], automatic electrode selection algorithm and electrode switching steps as described).
Regarding claim 21, Chen describes wherein the controller continues selecting alternative generator electrodes and/or alternative receiver electrodes to choose a generator electrode and receiver electrode pairing that satisfies a signal quality threshold ([0041] - [0042], [0044] - [0046], automatic electrode selection algorithm and electrode switching steps as described).
Regarding claim 22, Chahine describes wherein the garment includes a belt portion having at least one of the plurality of textile-based electrodes (figures 32-34, “band” configuration).
Regarding claim 23, Chahine describes wherein the interlaced conductive fibers are formed by weaving electrically conductive threads ([0097]).
Regarding claim 25, Chahine describes wherein the plurality of textile-based ECG electrodes are exposed on a first side and insulated on a second side ([0101]).
Regarding claim 26, Chahine describes wherein the interlaced conductive fibers are interlaced with non-conductive fibers of a body of the smart garment ([0108], [0110]).
Regarding claim 27, Chahine describes a conductive trace connected to the each of the plurality of textile-based electrodes, each of the conductive traces for connecting the plurality textile-based electrodes to the controller for sending and receiving one or more electronic signals using the plurality of textile-based electrodes ([0050]).
Regarding claim 28, Chen describes wherein the controller alternates different pairings chosen from the plurality of textile-based ECG electrodes as one or more selected pairs in order to determine a decided optimum signal from the one or more electronic signals received from the different pairings ([0042]).
Regarding claim 29, Chahine describes a smart garment for detecting physiological data of a user ([0020]), the smart garment comprising
a plurality of textile-based electrodes, wherein each of the plurality of textile-based electrodes comprises interlaced conductive fibers for conducting a plurality of signals with respect to a body of the user ([0050])
wherein the plurality of textile-based electrodes includes at least one textile-based generator electrode for transmitting a generated signal through the user’s skin and at least one textile-based receiver electrode spaced apart from the textile-based generator electrode for sensing the generated signal through the user’s skin ([0004], [0151]), wherein the textile-based generator electrode that generates the generated signal and the textile-based receiver electrode that senses the generated signal define a textile-based electrode pairing ([0026], [0028])
a controller device electronically coupled to the plurality of textile-based electrodes ([0004], [0026]), the controller device configured to
generate the generated signal ([0004], [0026])
transmit the generated signal through the at least one textile-based generator electrode ([0004], [0026])
sense the generated signal via one or more textile-based receiver electrodes ([0020])
Regarding claim 29, Chahine does not explicitly disclose wherein the textile-based electrodes are ECG electrodes, and Chahine does not explicitly disclose wherein the controller device is configured to
based on the sensing the generated signal, determine at least one of the plurality of textile-based ECG electrodes from the textile-based ECG electrode pairing (i) is at least partially out of contact with skin of the user and/or (ii) causes the generated signal that is transmitted through the at least one ECG generator electrode to be of unacceptable signal quality
deselect the at least one determined textile-based ECG electrode from the electrode pairing, and select another textile-based ECG electrode pairing
repeat said generate and said sense of the generated signal using the another textile-based ECG electrode pairing
However, Chen also describes a smart garment for detecting physiological data of a user ([0030] - [0031]), including a plurality of ECG electrodes ([0030]) and a controller device configured to
based on the sensing the generated signal, determine at least one of the plurality of textile-based ECG electrodes from the textile-based ECG electrode pairing is at least partially out of contact with the skin of the user and/or causes the generated signal that is transmitted through at least one ECG generator electrode to be of unacceptable signal quality ([0011], [0041])
deselect the at least one determined textile-based ECG electrode from the electrode pairing, and select another textile-based ECG electrode pairing ([0044] - [0045])
repeat said generate and said sense of the generated signal using the another textile-based ECG electrode pairing ([0045] - [0046])
As Chen is also directed towards detecting physiological data of a user and is in a similar field of endeavor, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to incorporate a signal quality detection component similar to that described by Chen when using the electrodes described by Chahine, as doing so advantageously ensures that the measured physiological data is of acceptable quality for further analysis.
Regarding claim 30, Chen describes wherein the controller device is configured to process the generated signal to analyze the physiological data to determine a defined health event of the user ([0003], diagnosing the physiological status and health of an individual).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Chahine in view of Chen, further in view of Kaib et al. (US 2011/0288605 A1).
Regarding claim 17, Chahine in view of Chen suggests the smart garment of claim 11, but neither Chahine nor Chen explicitly disclose wherein the controller determines a change in a desired location of one or more of the plurality of the textile-based ECG electrodes.  However, Kaib also describes a smart garment for detecting physiological data of a user ([0008]), including a controller configured to determine a change in a location of one or more of a plurality of textile-based electrodes ([0091], determining if the electrodes have shifted or moved to a slightly different location).  As Kaib is also directed towards detecting physiological data of a user and is in a similar field of endeavor, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to use Kaib’s feature of determining whether electrodes have changed locations when using the system described by Chahine and Chen, as doing so advantageously allows the resulting system to account for the electrode movements and select a different set of electrodes, if necessary, in order to obtain the highest quality ECG signal.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Chahine in view of Chen, further in view of Rapin et al. (US 2019/0223739 A1).
Regarding claim 24, Chahine in view of Chen suggests the smart garment of claim 11, but neither Chahine nor Chen explicitly disclose wherein the controller uses physiological data sensed by the plurality of textile-based ECG electrodes to determine a quantity of the user selected from the group consisting of a PR interval, a QT interval, a corrected QT (QTc) interval, a PR axis, and a QRS axis.  However, Rapin also describes analyzing ECG data for monitoring a user’s health ([0002]), including using a controller to determine a PR interval, a QT interval, a corrected QT (QTc) interval, a PR axis, and/or a QRS axis of a user ([0020], [0060]).  As Rapin is also directed towards using ECG data for health analysis and is in a similar field of endeavor, it would have been obvious to a person having ordinary skill in the art at the time the invention was filed to use measures similar to those described by Rapin when analyzing the data generated by the textile-based ECG electrodes suggested by Chahine and Chen, as doing so advantageously allows the resulting system to better characterize a patient’s health status and suggest corrective action when necessary.
Statement on Communication via Internet
Communications via Internet e-mail are at the discretion of the applicant.  Without a written authorization by applicant in place, the USPTO will not respond via Internet e-mail to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122.  Where a written authorization is given by the applicant, communications via Internet e-mail, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used.  USPTO employees are NOT permitted to initiate communications with applicants via Internet e-mail unless there is a written authorization of record in the patent application by the applicant.  The following is a sample authorization form which may be used by applicant:
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please refer to MPEP 502.03 for guidance on Communications via Internet.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action.  Accordingly, THIS ACTION IS MADE FINAL.  See MPEP § 706.07(a).  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.

APPLICANT REBUTTAL: REMARKSClaims 1-10 were previously canceled. Claims 11-30 are currently pending. Claims 11, 14, 19, 20, 29, and 30 are currently amended. The amendments submitted on December 12, 2024 were not entered, therefore, they are again submitted here with additional new amendments.Advisory Action The Advisory Action maintains that Chahine describes generating and sensing a signal, and Chen describes repeating a protocol.The claims require first "generating of the controller-generated signal" and then, next "sensing of the controller-generated signalusing the another textile-based ECG electrode pairing." Thus, a signal is controller-generated, and then, next, that controller-generated signal is detected.For the reasons discussed below, the Advisory Action does not show how the Office contends that Chahine teaches the foregoing feature as claimed in the context of the claimed subject matter, and therefore, it would not have been obvious to "repeat the claimed protocol" as alleged by the Office Action.A. Chahine Is Not Shown to Disclose Sensing a Controller-Generated Signal As recited by claim 1, the controller-generated signal is "generated by a controller device" and is not a signal that is generated by a patient's physiological signals naturally produced by the body as part of its biological functions, e.g., bioelectric signals originating from the heart (ECG), brain (EEG), or muscles (EMG).Chahine, in the asserted portions, describes that the conductive fabric patch is used as both a sensor and as an electrode as required (e.g. to sense body signals or information about the body, and then to provide stimulation in response to those signals). Chahine generally describes the functionality of its sensing electrodes as being capable of detecting "body signals or information about the body," but the Office has not shown that sensing such "body signals or information about the body" is sensing a "controller-generated signal." If this assertion is repeated, Applicant respectfully requests Office to show how even under the broadest reasonable interpretation standard that sensing "body signals or information about the body" is sensing a "controller-generated signal." B. The Cited Electrical Stimulations are Not Sensed Chahine generates an electrical stimulation that causes "repeated muscular contraction" of a muscle positioned proximate to or underlying the electrode. Cited paragraph [0004] explains that electronic stimulation devices deliver impulses through electrodes to "mimic the action potentials coming from the central nervous system thereby causing the muscles to contract." This clearly identifies the electrodes as stimulation electrodes. The electrodes are described as being placed on the skin "in direct proximity to muscles and/or nerves to be stimulated," emphasizing their role in delivering stimulation.Similarly, cited paragraph [0151] focuses on the design and functionality of stimulation electrodes, particularly in the context of delivering electrical stimulation through EMS (Electrical Muscle Stimulation), TENS (Transcutaneous Electrical Nerve Stimulation), or ENS (Early Neurological Stimulation) elements. The cited paragraph describes that the design and dimensions (e.g., cross-sectional area, width, length) of the EMS/TENS/ENS elements can control "the effectiveness and amount of electrical stimulation generated" in specific regions.The present claims generate the controller-generated signal and then sense the controller- generated signal. In contrast, Chahine generates a stimulation after sensing body signals.Because Chahine is not shown to teach these limitations, it would not have been obvious to repeat the claimed process as suggested by the Office Action.35 USC 103 Claims 11-16, 18-23, and 25-30 are rejected as being unpatentable over Chahine et al. (US 2017/0056644) in view of Chen et al. (US 2010/0041975).1. Chen does not teach or suggest "repeat said generating the controller-generated signal and said sensing of the controller-generated signal using the another textile-based ECG electrode pairing" as recited by amended claims 11 and 29.The present claims require "repeat said generating of the controller-generated signal and said sensing of the controller-generated signalusing the another textile-based ECG electrode pairing." The Office Action, at page 5, acknowledges that this limitation is not taught by Chahine.However, the Office Action cites Chen para. [0045] - [0046] as teaching this limitation.Chen, paragraph 0045 describes the functionality of the system, which includes identifying electrodes and avoiding premature switching by allowing adequate time for circuitry stabilization. It also mentions that the system checks signal quality (i.e., at most every four seconds).Chen, paragraphs 0046 describes considerations for signal quality, such as electrode-skin contact and electrode placement across the heart.However, none of these paragraphs, nor the remainder of Chen, describe repeating said generating the controller-generated signal and sensing of the controller-generated signal as recited by the present claims.By overlooking the generation of the controller-generated signal by the controller device, the Office Action improperly dissects the claim and focuses only on isolated elements, ignoring the role of the controller device, contrary to the principle that claims must be considered as a whole. As stated in MPEP § 2141.02: "In determining the differences between the prior art and the claims, the question under 35 U.S.C. 103 is not whether the differences themselves would have been obvious, but whether the claimed invention as a whole would have been obvious." At least for this reason, claims 11 and 29 are considered to be patentable over the cited art.2. Chen does not teach or suggest "based on the sensing the controller-generated signal generated by the controller device ... deselect the at least one determined textile-based ECG electrode from the electrode pairing, and select another textile-based ECG electrode pairing, repeat said generate and said sense of the controller-generated signal using the another textile-based ECG electrode pairing" as recited by amended claims 11 and 29.Claim 11 as amended requires certain steps in response to sensing the controller-generated signal generated by the controller device. In particular, deselecting the ECG electrode pairing, selecting another ECG electrode pairing, and repeating the process of generating and sensing the controller-generated signal using the another electrode pairing. As discussed above, Chen does not have a controller-generated signal generated by a controller device, and therefore, fails to teach the claimed ECG electrode pairing.Instead, Chen describes "generate physiological data derived from the electrical signals." This is data coming from the patient, not from a controller device.At least for this reason, claims 11 and 29 are considered to be patentable over the cited art.CONCLUSIONRecognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.Applicant believes that a one-month extension of time is necessary. In the event that an extension is needed, this conditional petition of extension is hereby submitted. Applicant requests that deposit account number 14-1449 be charged for any fees that may be required for the timely consideration of this application.Date: January 28, 2025

NEXT OFFICE ACTION: 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 .
In the event the determination of the status of the application as subject to AIA  35 U.S.C. 102 and 103 (or as subject to pre-AIA  35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on 28 January 2025 has been entered.
Status of Claims
Claims 11-30 are pending and currently under consideration for patentability; claims 11, 14, 19, 20, 29, and 30 have been amended; claims 1-10 previously were cancelled.
Response to Arguments
Applicant’s amendments (pp. 2-6) and corresponding arguments (pp. 7-10), filed on 28 January 2025, with respect to the rejections of claims 11-30 have been fully considered and are persuasive.  The corresponding rejections have been withdrawn.
Allowable Subject Matter
Claims 11-30 are allowed.
The following is an examiner’s statement of reasons for allowance.
The prior art of record does not disclose or suggest a smart garment including a plurality of textile-based ECG electrode pairs and a controller configured to perform all of the recited steps.  In particular, the prior art of record does not disclose or suggest at least one textile-based ECG generator electrode for transmitting a controller-generated signal generated by a controller device through the skin of the user and at least one textile-based ECG receiver electrode for sensing the controller-generated signal through the skin of the user.  Analogous prior art includes Chahine et al. (US 2017/0056644 A1) and Chen et al. (US 2010/0041975 A1), both of which have been discussed at length in previous Office Actions.
Briefly, Chahine describes a smart garment ([0020]) comprising a plurality of textile-based ECG generator and receiver electrodes ([0026], [0028]) and a controller configured to generate and transmit a signal ([0004], [0026]).  Chen describes determining if an electrode pairing is at least partially out of contact with the user’s skin or causes the transmitted signal to be of unacceptable signal quality ([0011], [0041]), further deselecting a particular pair of electrodes and selecting a different pair of electrodes in response to such a determination ([0044] - [0045]).  However, Chahine, Chen, and the other prior art of record use sensing electrodes to sense physiological signals produced by the user’s body, as opposed to the controller-generated signals transmitted by ECG generator electrodes.  Other prior art documents which generally describe electrode pairs configured to generate and sense signals do not perform these steps as part of an overall smart garment comprising textile-based ECG electrodes similar to those recited in the pending claims, nor do they comprise a controller device configured to carry out steps similar to those recited in the pending claims.  The prior art also lacks the requisite suggestion and motivation to incorporate these paired electrodes into a device similar to that described by Chahine or Chen.
Therefore, the inventive features recited in the pending claims are not disclosed by the prior art and are not suggested by an obvious combination of the most analogous prior art elements.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Statement on Communication via Internet
Communications via Internet e-mail are at the discretion of the applicant.  Without a written authorization by applicant in place, the USPTO will not respond via Internet e-mail to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122.  Where a written authorization is given by the applicant, communications via Internet e-mail, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used.  USPTO employees are NOT permitted to initiate communications with applicants via Internet e-mail unless there is a written authorization of record in the patent application by the applicant.  The following is a sample authorization form which may be used by applicant:
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please refer to MPEP 502.03 for guidance on Communications via Internet.
Conclusion

CITED REFERENCE SUMMARIES: Ref US20170056644A1: Claims:
A textile product comprising: a non-conductive section comprising a network of non-conductive fibres; and an electric pathway for conducting or transmitting an electrical signal when connected to a power source via a first connector and a second connector, the electric pathway and the non-conductive section integrated into a common layer of the textile, the electric pathway comprising: a first conductive segment of the electric pathway for coupling with the power source via the first connector, the first conductive segment comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source, the first conductive segment having a first electrical resistance: and a second conductive segment of the electric pathway for coupling with the power supply via the second connector, the second conductive segment comprising a second network of conductive fibres having a plurality of third conductive fibres, at least one third conductive fibre coupled to the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway, the second conductive segment having a second electrical resistance differing from the first electrical resistance.
a non-conductive section comprising a network of non-conductive fibres; and
an electric pathway for conducting or transmitting an electrical signal when connected to a power source via a first connector and a second connector, the electric pathway and the non-conductive section integrated into a common layer of the textile, the electric pathway comprising: a first conductive segment of the electric pathway for coupling with the power source via the first connector, the first conductive segment comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source, the first conductive segment having a first electrical resistance: and a second conductive segment of the electric pathway for coupling with the power supply via the second connector, the second conductive segment comprising a second network of conductive fibres having a plurality of third conductive fibres, at least one third conductive fibre coupled to the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway, the second conductive segment having a second electrical resistance differing from the first electrical resistance.
a first conductive segment of the electric pathway for coupling with the power source via the first connector, the first conductive segment comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source, the first conductive segment having a first electrical resistance: and
a second conductive segment of the electric pathway for coupling with the power supply via the second connector, the second conductive segment comprising a second network of conductive fibres having a plurality of third conductive fibres, at least one third conductive fibre coupled to the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway, the second conductive segment having a second electrical resistance differing from the first electrical resistance.
The textile product of claim 1 , wherein the first conductive segment and the second conductive segment are arranged in series such that the electric signal is transmitted from the first network of conductive fibres to the second network of conductive fibres, the second conductive segment being attached directly to the second connector via the at least one third conductive fibre or the second conductive segment being attached indirectly to the second connector via a third conductive segment coupled to the second conductive segment, the third conductive segment directly attached to the second connector.
The textile product of claim 1 , wherein the first conductive segment and the second conductive segment are arranged in parallel.
The textile product of claim 1 , wherein the first and second electrical resistances are proportional to a density of the first and second networks of conductive fibres.
The textile product of claim 1 , wherein the first and second electrical resistances are proportional to a length of the pluralities of first, second, third and fourth conductive fibres.
The textile product of claim 1 , wherein the first and second electrical resistances are proportional to a width of the pluralities of first, second, third and fourth conductive fibres.
The textile product of claim 1 , wherein the plurality of first conductive fibres is interlaced with the plurality of second conductive fibres by knitting or weaving.
The textile product of claim 1 , wherein the first conductive segment is attached indirectly to the first connector via a third conductive segment coupled to the first conductive segment, the third conductive segment directly attached to the first connector.
The textile product of claim 1 , wherein the plurality of second conductive fibres extend laterally from the plurality of first conductive fibres at 90Â°.
The textile product of claim 1 , wherein the plurality of fourth conductive fibres extend laterally from the plurality of third conductive fibres at 90Â°.
The textile product of claim 1 , wherein the network of non-conductive fibres includes non-conductive fibre material that comprises at least one of: nylon; cotton; spandex; polyester; or silk.
The textile product of claim 1 , wherein each of the networks of conductive fibres includes conductive fibre material comprising at least one of: stainless steel; silver; aluminum; copper; or gold.
The textile product of claim 1 , wherein the first conductive segment and the second conductive segment are connected to one another by at least one intervening third conductive segment.
The textile product of claim 1 , further comprising a second electric pathway for conducting or transmitting a second electrical signal when connected to the power source, the second electric pathway and the non-conductive section integrated into the common layer of the textile; the second electric pathway comprising: a first stimulating conductive segment for coupling with the power supply via a first stimulating connector, the first stimulating conductive segment comprising a first stimulating network of conductive fibres having a plurality of first stimulating conductive fibres, at least one first stimulating conductive fibre coupled to the first stimulating connector along the second electric pathway, and a plurality of second stimulating conductive fibres interlaced with the first stimulating conductive fibres extending lateral to the second electric pathway to transmit the second electric signal from the power source; and a second stimulating conductive segment as an electrode and for coupling with the power supply via a second stimulating connector; the second stimulating conductive segment comprising a second stimulating network of conductive fibres having a plurality of third stimulating conductive fibres, at least one third stimulating conductive fibre coupled to the second stimulating connector along the second electric pathway, and a plurality of fourth stimulating conductive fibres interlaced with the third stimulating conductive fibres extending lateral to the second electric pathway; wherein the electrode is configured to deliver the second electric signal to an adjacent underlying body portion of a wearer of the textile.
a first stimulating conductive segment for coupling with the power supply via a first stimulating connector, the first stimulating conductive segment comprising a first stimulating network of conductive fibres having a plurality of first stimulating conductive fibres, at least one first stimulating conductive fibre coupled to the first stimulating connector along the second electric pathway, and a plurality of second stimulating conductive fibres interlaced with the first stimulating conductive fibres extending lateral to the second electric pathway to transmit the second electric signal from the power source; and
a second stimulating conductive segment as an electrode and for coupling with the power supply via a second stimulating connector; the second stimulating conductive segment comprising a second stimulating network of conductive fibres having a plurality of third stimulating conductive fibres, at least one third stimulating conductive fibre coupled to the second stimulating connector along the second electric pathway, and a plurality of fourth stimulating conductive fibres interlaced with the third stimulating conductive fibres extending lateral to the second electric pathway;
wherein the electrode is configured to deliver the second electric signal to an adjacent underlying body portion of a wearer of the textile.
A textile product comprising: a first conductive segment for coupling with a power supply via a first connector and a second connector attached to an electric pathway, the first conductive segment of the electric pathway comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source, the first conductive segment having a first electrical resistance; and a second conductive segment of the electric pathway for coupling with the power supply via the second connector ; the second conductive segment having a second network of conductive fibres having a plurality of third conductive fibres, at one third conductive fibre coupled to the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway, the second conductive segment having a second electrical resistance differing from the first electrical resistance; the first and second conductive segments of the electric pathway integrated into a common layer of the textile.
a first conductive segment for coupling with a power supply via a first connector and a second connector attached to an electric pathway, the first conductive segment of the electric pathway comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source, the first conductive segment having a first electrical resistance; and
a second conductive segment of the electric pathway for coupling with the power supply via the second connector ; the second conductive segment having a second network of conductive fibres having a plurality of third conductive fibres, at one third conductive fibre coupled to the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway, the second conductive segment having a second electrical resistance differing from the first electrical resistance;
the first and second conductive segments of the electric pathway integrated into a common layer of the textile.
A textile product comprising: a non-conductive section comprising a network of non-conductive fibres; and an electric pathway for conducting or transmitting an electrical signal when coupled to a power source via a first connector and a second connector attached to the electric pathway, the electric pathway and the non-conductive section integrated into a common layer of the textile; the electric pathway comprising: a first conductive segment of the electric pathway for coupling with the power supply via the first connector, the first conductive segment comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source; and a second conductive segment configured as an electrode of the electric pathway and for coupling via the second connector, the second conductive segment comprising a second network of conductive fibres having a plurality of third conductive fibres, at least one third conductive fibre coupled the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway; wherein the electrode is configured to deliver h electric signal to an adjacent underlying body portion of a wearer of the textile.
an electric pathway for conducting or transmitting an electrical signal when coupled to a power source via a first connector and a second connector attached to the electric pathway, the electric pathway and the non-conductive section integrated into a common layer of the textile; the electric pathway comprising: a first conductive segment of the electric pathway for coupling with the power supply via the first connector, the first conductive segment comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source; and a second conductive segment configured as an electrode of the electric pathway and for coupling via the second connector, the second conductive segment comprising a second network of conductive fibres having a plurality of third conductive fibres, at least one third conductive fibre coupled the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway; wherein the electrode is configured to deliver h electric signal to an adjacent underlying body portion of a wearer of the textile.
a first conductive segment of the electric pathway for coupling with the power supply via the first connector, the first conductive segment comprising a first network of conductive fibres having a plurality of first conductive fibres, at least one first conductive fibre coupled to the first connector along the electric pathway, and a plurality of second conductive fibres interlaced with the first conductive fibres extending lateral to the electric pathway to transmit the electric signal from the power source; and
a second conductive segment configured as an electrode of the electric pathway and for coupling via the second connector, the second conductive segment comprising a second network of conductive fibres having a plurality of third conductive fibres, at least one third conductive fibre coupled the second connector along the electric pathway, and a plurality of fourth conductive fibres interlaced with the third conductive fibres extending lateral to the pathway;
wherein the electrode is configured to deliver h electric signal to an adjacent underlying body portion of a wearer of the textile.
The textile product of claim 15 , wherein the plurality of first conductive fibres is interlaced with the plurality of second conductive fibres by knitting.
The textile product of claim 15 , wherein the plurality of first conductive fibres is interlaced with the plurality of second conductive fibres by weaving.
The textile product of claim 15 , wherein the plurality of second conductive fibres extend laterally from the plurality of first conductive fibres at 90Â°.
The textile product of claim 15 , wherein the textile product is a garment or an insert to a garment.
A mixed layer textile product comprising: as a first layer, the non-conductive section and the electric pathway as defined in the textile of claim 1 ; and as a second layer, the non-conductive section and the electric pathway as defined in textile of claim 15 .
as a first layer, the non-conductive section and the electric pathway as defined in the textile of claim 1 ; and
as a second layer, the non-conductive section and the electric pathway as defined in textile of claim 15 .
The mixed layer textile product of claim 21 , further comprising a third layer configured as an electric insulator and positioned between the first layer and the second layer.
The mixed layer textile product of claim 21 , wherein the electric pathway comprises both conductive and non-conductive fibres in the fibre network.
Ref US20100041975A1: Claims:
A system for monitoring patient physiological data, comprising: a pad having a plurality of electrical contacts formed thereon in a predetermined pattern, the electrical contacts being configured to sense electrical signals produced by a patient's body; a controller in communication with the electrical contacts and configured to select at least two electrical contacts, each sensing a processable electrical signal, and to process a differential signal derived from the processable signals; and an output device in communication with the controller for displaying the patient's physiological data based on information processed by the controller.
a pad having a plurality of electrical contacts formed thereon in a predetermined pattern, the electrical contacts being configured to sense electrical signals produced by a patient's body;
a controller in communication with the electrical contacts and configured to select at least two electrical contacts, each sensing a processable electrical signal, and to process a differential signal derived from the processable signals; and
an output device in communication with the controller for displaying the patient's physiological data based on information processed by the controller.
The system of claim 1 , wherein the controller is further configured to monitor the plurality of electrical contacts and to select from among the electrical contacts different electrical contacts as needed to optimize the physiological data.
They system of claim 1 , wherein the plurality of electrical contacts comprise strips of conductive material.
The system of claim 3 , wherein the strips of conductive material are formed into two mirrored sets of nested L-shaped configurations on the pad.
The system of claim 3 , wherein the strips of conductive material are formed from at least one of a Nickel/Copper polyester fabric and a cloth fabric containing conductive threads.
The system of claim 1 , wherein at least one of the plurality of electrical contacts is
[Truncated to input limit]