Office Action 1: Non-Final Rejection (2023-09-20)
Rejection types: 103 - Obviousness

CLAIMS:
CLAIMS:

1\. An ECG sensor system comprising:
a substrate having a first side and a second side, the substrate of a non- conducting material;
a plurality of textile-based sensors positioned on the first side, each of the plurality of textile-based sensors spaced apart from one another on the first side, the second side covering one side of the each of the plurality of textile-based sensors as an insulating covering, the each of the plurality of textile-based sensors including conductive fibres interlaced with one another; and
a conductive trace connected to the each of the plurality of textile-based sensors, each of the conductive traces for connecting the plurality of textile-based sensors to an electronic controller for sending and receiving electronic signals from a selected pair of the plurality of textile-based sensors.
2\. The ECG sensor system of claim 1, wherein the non-conducting material is a non-interlaced material such as plastic.
3\. The ECG sensor system of claim 1, wherein the non-conducting material includes non-conductive fibres as an interlaced material selected from the group consisting of: a woven material and a knit material.
4\. The ECG sensor system of claim 1, wherein the substrate is in the form of a band and the plurality of textile-based sensors are distributed along the band.
5\. The ECG sensor system of claim 1 further comprising the plurality of textile- based sensors divided into a generator group and a receiver group, such that a group spacing between a generator sensor of the generator group and a receiver sensor of the receiver group is larger than spacing between the sensors within in the generator group and spacing between the sensors within in the receiver group, the generator sensor adjacent to the receiver sensor.
6\. The ECG sensor system of claim 3, wherein the conductive fibres and the non-conductive fibres are interlaced with one another to form an integral interlaced structure.
7\. The ECG sensor system of claim 3, wherein the conductive fibres and the non-conductive fibres are connected to one another forming a non-integral structure, such as an applique.
8\. The ECG sensor system of claims 6 or 7, wherein respective conducting surfaces of the plurality of textile-based sensors is raised from a surrounding insulating surface of the first side.
9\. The ECG sensor system of claim 1 further comprising the controller configured via stored instructions for execution by a computer processor for deselecting at least one of the sensors from the selected pair and selecting a replacement sensor from the plurality of textile-based sensors, a basis for said deselecting based on analysis of a quality of the electronic signals.
10\. The ECG sensor system of claim 1 further comprising the controller configured via stored instructions for execution by a computer processor for alternating different pairings from the plurality of textile-based sensors as the select pair and choosing a determined optimum signal from the electronic signals received from the alternating different pairings.

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.
Status of Claims
Claims 11-30 are pending and under consideration for patentability; claims 1-10 were cancelled and claims 11-30 were added as new claims via a Preliminary Amendment dated 15 December 2022.
Information Disclosure Statement
The Information Disclosure Statement submitted on 16 March 2023 has been acknowledged and considered by the Examiner.
Claim Objections
Claims 20 and 30 are objected to because of the following informalities.
Claims 20 and 30 contain minor typographical and/or grammatical errors.
Claim 20, line 1: Applicant is advised to remove the phrase “is configured to”
Claim 30, line 1: Applicant is advised to change “further comprising” to “wherein”
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary.  Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11, 13-23, and 25-31 are rejected under 35 U.S.C. 103 as being unpatentable over Jain et al. (US 2016/0287128 A1) in view of Chahine et al. (US 2017/0056644 A1).
Regarding claims 11 and 29, Jain describes a smart garment for detecting physiological data of a user ([0062]), the smart garment comprising
a garment configured to be worn on an upper body of the user ([0069])
a plurality of textile-based ECG electrodes ([0062]), 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;
wherein the plurality of textile-based ECG electrodes includes at least one ECG generator electrode for transmitting a generated ECG signal through the patient's upper body and at least one ECG receiver electrode spaced apart from the ECG generator electrode for sensing the generated ECG signal ([0087] - [0088])
a controller device electronically coupled to the plurality of textile-based ECG electrodes ([0087]) and configured to
generate the ECG signal ([0087])
sense the ECG signal for use as the physiological data ([0087] - [0088])
process the physiological data to determine a defined health event of the user ([0006])
based on the ECG signal, determine at least one of the plurality of textile-based ECG electrodes is at least partially out of contact with skin of the user and/or causes the ECG signal to be of unacceptable signal quality ([0087], [0039]),
deselect the at least one determined textile-based ECG electrode, and select at least another one of the plurality of textile-based ECG electrodes ([0025], [0039])
repeat said generate and said sense of the ECG signal using the at least another one of the plurality of textile-based ECG electrodes ([0039])
Regarding claims 11 and 29, Jain does not explicitly disclose 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.  However, Chahine also describes a smart garment for detecting physiological data of a user ([0026]), including the use of textile-based electrodes comprising interlaced conductive fibers for conducting a plurality of signals with respect to the upper body of the user ([0109], [0206], [0182]).  As Chahine is also directed towards smart garments for detecting physiological data 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 interlaced conductive fibers in a manner similar to that described by Chahine when using the garment described by Jain, as doing so advantageously allows the resulting garment to better sense and transmit the physiological data throughout the garment.
Regarding claim 13, Jain 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 ([0039]).
Regarding claim 14, Jain describes comprising monitoring a signal quality of the ECG signal and repeating the process of deselecting the determined textile-based ECG electrode and selecting a different textile-based ECG electrode as a result of said monitoring ([0039]).
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 Jain describes wherein the electrode is an ECG electrode ([0062]).
Regarding claim 17, Jain describes wherein the controller determines a change in a desired location of one or more of the plurality of the textile-based ECG electrodes ([0025]).
Regarding claim 18, Jain describes a plurality of the ECG generator electrodes and plurality of the ECG receiver electrodes (figures 2, 13a, and 13b, for example).
Regarding claim 19, Jain describes wherein the ECG signal is generated using a given generator electrode of the plurality of textile-based ECG generator electrodes and the ECG signal is sensed using a given receiver electrode of the plurality of textile-based ECG receiver electrodes ([0087] - [0088]).
Regarding claim 20, Jain describes wherein the controller determines whether the ECG signal generated using the given generator electrode and sensed using the given receiver electrode does not satisfy a quality threshold, and selects an alternative generator electrode and/or an alternative receiver electrode ([0039]).
Regarding claim 21, Jain 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 ([0029], [0039]).
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, Jain 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 ([0021], [0023]).
Regarding claim 30, Jain describes wherein the controller processes the physiological data to determine a defined health event of the user ([0006], [0064]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Jain in view of Chahine, further in view of Biel et al. (US 2018/0168508 A1).
Regarding claim 12, Jain in view of Chahine suggests the smart garment of claim 11, but neither Jain nor Chahine explicitly disclose 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.  However, Biel also describes a garment configured to be worn on the upper body of a user and comprising a plurality of ECG electrodes ([0057], [0064]), including wherein a controller determines a percentage of contact surface area of electrodes with the skin of the user ([0124]).  As Biel is also directed towards a smart garment comprising sensors 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 quantify the surface area of electrode-skin contact, in a manner similar to that described by Biel, when using the smart garment suggested by Jain and Chahine, as doing so advantageously allows the resulting system to better monitor the electrode-skin contact and take corrective action when necessary.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Jain in view of Chahine, further in view of Rapin et al. (US 2019/0223739 A1).
Regarding claim 24, Jain in view of Chahine suggests the smart garment of claim 11, but neither Jain nor Chahine explicitly disclose wherein the controller uses the physiological data 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 smart garment suggested by Jain and Chahine, 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


NEXT OFFICE ACTION: DETAILED ACTION
This office action is in response to the communication dated 20 December 2023 concerning application 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, 19, 20, 24, 29, and 30 have been amended; claims 1-10 previously were cancelled.
Information Disclosure Statement
The Information Disclosure Statement filed 14 December 2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 for the reasons listed below.  It has been placed in the application file, but the information referred to therein has not been considered as to the merits.  Applicant is advised that the date of any re-submission of any item of information contained in this Information Disclosure Statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e).  See MPEP § 609.05(a).
The Information Disclosure Statement filed 14 December 2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed.  It has been placed in the application file, but the information referred to therein has not been considered.
The Information Disclosure Statement filed 14 December 2023 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language.  It has been placed in the application file, but the information referred to therein has not been considered.
Response to Arguments
Applicant’s arguments dated 20 December 2023 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.
Applicant has amended independent claim 11 to recite that the electrodes make contact with the skin of the user and to add features to the controller device.  The Examiner has addressed the amended limitations in the updated text below.  Applicant presents numerous arguments against the Jain reference in light of the claims as amended, in particular the amended feature that the textile-based ECG electrodes are “in contact with skin of the user.”  The Examiner respectfully submits that the Jain reference has not been used to teach or suggest such features in the updated rejection below, but rather the Chahine reference, which more directly addresses the amended limitations of claim 11.   The Examiner notes that, in response to Applicant’s arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references.  Please see In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding claim 11, Applicant argues that Jain does not teach or suggest a plurality of textile-based ECG electrodes, in particular electrodes which are “in contact with skin of the user,” as recited in amended claim 11 (Arguments, pp. 7-8).  The Examiner respectfully submits that the new rejection below relies on Chahine as the primary reference.  Chahine discloses textile-based electrodes which make direct contact with the skin of the user, and Jain discloses textile-based electrodes that may be used for ECG monitoring.  The Examiner respectfully submits that an obvious combination of the teachings of Chahine and Jain would result in the claimed feature of textile-based ECG electrodes which contact the skin of the user, as described in the updated text below.  Therefore, the corresponding arguments have been rendered moot.
Regarding claim 29, Applicant argues that Jain does not teach or suggest a plurality of textile-based ECG electrodes (Arguments, pp. 7-8).  The Examiner respectfully disagrees and directs Applicant to those sections of Jain which describe electrodes that are integrated into wearable fabrics (for example, Jain’s [0035] describes a sensor pad which may be provided in a fabric with which the human body comes in contact).  Jain further describes integrating the ECG electrodes into “clothing,” or into a “wearable device” such as a “jacket, shirt, t-shirt, sweater, bra etc” ([0069]).  The Examiner considers electrodes that are integrated into clothing as being “textile-based” electrodes.  Therefore, the Examiner respectfully maintains that Jain teaches a plurality of textile-based ECG electrodes.  The Examiner notes that Applicant argues that Jain’s electrodes do not make contact with skin of the user, but claim 29, even as amended, does not recite such a feature.  Therefore, Applicant’s arguments regarding the electrodes making contact with skin of the user, in reference to claim 29, are moot.
Applicant argues that Jain does not teach or suggest the feature of a textile-based ECG generator electrode for transmitting a generated signal through a patient’s upper body (Arguments, pp. 8-9).  The Examiner respectfully submits that Chahine describes a textile-based generator electrode for transmitting a generated signal through a patient’s upper body, and Jain describes that the transmitted signals could be ECG signals, as described in the updated text below.  Specifically regarding claim 29, the Examiner notes that claim 29, even as amended, does not recite “at least one textile-based ECG generator electrode for transmitting a generated signal through the patient’s upper body,” as alleged by Applicant.  The Examiner respectfully submits that the corresponding arguments, in reference to claim 29, are moot.
Applicant argues that Jain does not teach or suggest a controller configured to determine that one of the electrodes is at least partially out of contact with the skin of the user and/or causes the generated signal to be of unacceptable signal quality (Arguments, pp. 9-10).  The Examiner respectfully disagrees and directs Applicant to Jain’s paragraph [0087], which describes measuring the signal quality from each sensor.  Using this feature on the textile-based electrodes described by Chahine would result in textile-based electrodes coupled to a controller which measures the signal quality of each sensor, thereby obviating the claimed limitation.
Applicant argues that Jain does not teach or suggest detecting whether one of the electrodes are in acceptable contact with the skin of the user (Arguments, p. 10).  The Examiner respectfully disagrees for at least the reasons described in the previous paragraph.
Applicant argues that one skilled in the art would not be motivated to use Jain’s controller to determine a percentage of contact surface area of the textile-based electrodes with the skin of the user, since Jain’s electrodes are not making contact with the skin of the user (Arguments, p. 11).  The Examiner respectfully submits that, in the updated rejection below, the modification to incorporate a measurement of the percentage contact area is being made to Chahine’s electrodes, not Jain’s electrodes, rendering the corresponding arguments moot.  The Examiner also highlights that the Biel reference was used to teach this feature, not the Jain or Chahine references.
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 11 and 29 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.
Claim 11 recites the limitation “at least one ECG generator electrode” in line 14.  It is unclear whether this limitation is the same as, or different from, the “at least one textile-based ECG generator electrode” as recited in claim 11, lines 7-8.  As a result, there is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “one or more receiver ECG electrodes” in line 15.  It is unclear whether this limitation is the same as, or different from, the “at least one ECG receiver electrode” as recited in claim 11, line 9.  As a result, there is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation “at least one ECG generator electrode” in line 13.  It is unclear whether this limitation is the same as, or different from, the “at least one ECG generator electrode” as recited in claim 29, lines 6-7.  As a result, there is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation “one or more receiver ECG electrodes” in line 14.  It is unclear whether this limitation is the same as, or different from, the “at least one ECG receiver electrode” as recited in claim 29, lines 7-8.  As a result, there is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 11, 13-23, 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 Jain et al. (US 2016/0287128 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 at least one textile-based generator electrode for transmitting a generated signal through the patient’s upper body and at least one receiver electrode spaced apart from the generator electrode for sensing the generated signal ([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 a collected signal via one or more 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 the collected signal, determine at least one of the plurality of textile-based ECG electrodes (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 determined textile-based ECG electrode, and select at least another one of the plurality of textile-based ECG electrodes
repeat said generate and said sense of the generated signal using the at least another one of the plurality of textile-based ECG electrodes
However, Jain also describes a smart garment for detecting physiological data of a user ([0062]), including a plurality of ECG electrodes ([0062]) and a controller device configured to
based on a collected signal, determine at least one of a plurality of ECG electrodes causes the generated signal that is transmitted through at least one ECG generator electrode to be of unacceptable signal quality ([0087])
deselect the at least one determined ECG electrode and select at least another one of the plurality of ECG electrodes ([0025], [0039])
repeat said generate and said sense of the generated signal using the at least another one of the plurality of ECG electrodes ([0039])
As Jain 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 a signal quality detection component similar to that described by Jain and apply it to the textile-based electrodes described by Chahine, as doing so advantageously ensures that the electrodes with best signal quality are being utilized to generate the signals transmitted to the user and detect the resultant physiological data.
Regarding claim 13, Jain 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 ([0039]).
Regarding claim 14, Jain describes monitoring a signal quality of the generated signal and repeating the process of deselecting the determined textile-based ECG electrode and selecting a different textile-based ECG electrode as a result of said monitoring ([0039]).
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 Jain describes wherein the electrode is an ECG electrode ([0062]).
Regarding claim 17, Jain describes wherein the controller determines a change in a desired location of one or more of the plurality of the textile-based ECG electrodes ([0025]).
Regarding claim 18, Jain describes a plurality of the ECG generator electrodes and plurality of the ECG receiver electrodes (figures 2, 13a, and 13b, for example).
Regarding claim 19, Jain describes wherein the generated signal is generated using a given generator electrode of the plurality of textile-based ECG generator electrodes and the collected signal is sensed using a given receiver electrode of the plurality of textile-based ECG receiver electrodes ([0087] - [0088]).
Regarding claim 20, Jain describes wherein the controller is configured to determine whether the generated signal generated using the given generator electrode and the collected 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 ([0039]).
Regarding claim 21, Jain 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 ([0029], [0039]).
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, Jain 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 ([0021], [0023]).
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 generator electrode for transmitting a generated signal through the patient’s body and at least one receiver electrode spaced apart from the generator electrode for sensing the generated signal ([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 a collected signal via one or more 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 collected signal, determine at least one of the plurality of textile-based ECG electrodes (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, and select at least another one of the plurality of textile-based ECG electrodes
repeat said generate and said sense of the generated signal using the at least another one of the plurality of textile-based ECG electrodes
However, Jain also describes a smart garment for detecting physiological data of a user ([0062]), including a plurality of ECG electrodes ([0062]) and a controller device configured to
based on a collected signal, determine at least one of a plurality of ECG electrodes causes the generated signal that is transmitted through at least one ECG generator electrode to be of unacceptable signal quality ([0087])
deselect the at least one determined ECG electrode and select at least another one of the plurality of ECG electrodes ([0025], [0039])
repeat said generate and said sense of the generated signal using the at least another one of the plurality of ECG electrodes ([0039])
As Jain 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 a signal quality detection component similar to that described by Jain and apply it to the textile-based electrodes described by Chahine, as doing so advantageously ensures that the electrodes with best signal quality are being utilized to generate the signals transmitted to the user and detect the resultant physiological data.
Regarding claim 30, Jain describes wherein the controller device is configured to process the collected signal to analyze the physiological data to determine a defined health event of the user ([0006], [0064]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chahine in view of Jain, further in view of Biel et al. (US 2018/0168508 A1).
Regarding claim 12, Chahine in view of Jain suggests the smart garment of claim 11, but neither Chahine nor Jain explicitly disclose 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.  However, Biel also describes a garment configured to be worn on the upper body of a user and comprising a plurality of ECG electrodes ([0057], [0064]), including wherein a controller determines a percentage of contact surface area of electrodes with the skin of the user ([0124]).  As Biel is also directed towards a smart garment comprising sensors 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 quantify the surface area of electrode-skin contact, in a manner similar to that described by Biel, when using the smart garment suggested by Chahine and Jain, as doing so advantageously allows the resulting system to better monitor the electrode-skin contact and take corrective action when necessary.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Chahine in view of Jain, further in view of Rapin et al. (US 2019/0223739 A1).
Regarding claim 24, Chahine in view of Jain suggests the smart garment of claim 11, but neither Chahine nor Jain 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 Jain, 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.

CITED REFERENCE SUMMARIES: Ref US20160287128A1: Claims:
A medical apparatus for providing electrocardiogram (ECG) signals for a human body using contactless ECG sensors, the medical apparatus comprising: an input adapted to receive contactless ECG signals from an array of contactless ECG sensors; a processor adapted to perform a selection process including: detecting body parts located in proximity of the array of contactless ECG sensors; associating a group of contactless ECG sensors with each detected body part; selecting from each group a contactless ECG sensor having a highest signal quality; the processor being adapted to produce a standard ECG signal based on the received contactless ECG signal of each selected contactless ECG sensor; and an output for sending the standard ECG signal for viewing/storage.
an input adapted to receive contactless ECG signals from an array of contactless ECG sensors;
a processor adapted to perform a selection process including: detecting body parts located in proximity of the array of contactless ECG sensors; associating a group of contactless ECG sensors with each detected body part; selecting from each group a contactless ECG sensor having a highest signal quality;
detecting body parts located in proximity of the array of contactless ECG sensors;
associating a group of contactless ECG sensors with each detected body part;
selecting from each group a contactless ECG sensor having a highest signal quality;
the processor being adapted to produce a standard ECG signal based on the received contactless ECG signal of each selected contactless ECG sensor; and
an output for sending the standard ECG signal for viewing/storage.
The medical apparatus of claim 1 , wherein the selection process further comprises the steps of: a. obtaining a body outline of the human body using the contactless ECG signals associated with the contactless ECG sensors located in proximity of the human body; b. determining a position of the human body on the array of contactless ECG sensors; c. dividing the contactless ECG sensors into groups and associating each group to a body part using the body outline and the position of the human body; d. from each group, selecting the contactless ECG sensor providing the contactless ECG signal having the highest quality.
a. obtaining a body outline of the human body using the contactless ECG signals associated with the contactless ECG sensors located in proximity of the human body;
b. determining a position of the human body on the array of contactless ECG sensors;
c. dividing the contactless ECG sensors into groups and associating each group to a body part using the body outline and the position of the human body;
d. from each group, selecting the contactless ECG sensor providing the contactless ECG signal having the highest quality.
The medical apparatus of claim 2 , wherein the processor identifies the contactless ECG sensors that are located in close proximity to the human body by measuring an impedance between each contactless ECG sensor and the human body.
The medical apparatus of claim 1 , wherein the medical apparatus is adapted to select another contactless ECG sensor for a given body part following a movement of the human body with respect to the array of contactless ECG sensors.
The medical apparatus of claim 4 , wherein the processor is adapted to re-run the selection process continuously to perform the selection of the other contactless ECG sensor.
The medical apparatus of claim 4 , wherein the processor is adapted to continuously monitor a signal quality of the selected contactless ECG sensor associated with each body part to re-run the selection process when the signal quality drops beyond a given threshold.
The medical apparatus of claim 1 , wherein the medical apparatus comprises different operation modes comprising: a contactless mode which outputs a first standard ECG signal resulting from the contactless ECG signals; a hybrid mode which outputs a second standard ECG signal resulting from the contactless ECG signals and conventional ECG signals received from conventional contact electrodes; and a bypass mode which outputs a third standard ECG signal resulting from conventional ECG signals received from conventional contact electrodes.
a contactless mode which outputs a first standard ECG signal resulting from the contactless ECG signals;
a hybrid mode which outputs a second standard ECG signal resulting from the contactless ECG signals and conventional ECG signals received from conventional contact electrodes; and
a bypass mode which outputs a third standard ECG signal resulting from conventional ECG signals received from conventional contact electrodes.
The medical apparatus of claim 1 , further comprising an automatic gain control mechanism adapted to control relative impedance differences between different contactless ECG sensors, and an absolute impedance between each contactless ECG sensor and the human body due to a difference in distance or type of clothing material between each contactless ECG sensor and the human body.
The medical apparatus of claim 1 , further comprising a wired/wireless data port for transmitting the standard ECG signal to a remote device over a data network.
A system for providing electrocardiogram (ECG) signals for a human body using contactless ECG sensors, the system comprising: a sensor pad comprising an array of contactless ECG sensors; a processor operatively connected to the sensor pad and adapted to receive contactless ECG signals from the contactless ECG sensors and perform a selection process including: detecting body parts located in proximity of the array of contactless ECG sensors; associating a group of contactless ECG sensors with each detected body part; selecting from each group a contactless ECG sensor having a highest signal quality; the processor being adapted to produce a standard ECG signal based on the contactless ECG signal of each selected contactless ECG sensor; and an output for outputting the standard ECG signal for viewing/storage.
a sensor pad comprising an array of contactless ECG sensors;
a processor operatively connected to the sensor pad and adapted to receive contactless ECG signals from the contactless ECG sensors and perform a selection process including: detecting body parts located in proximity of the array of contactless ECG sensors; associating a group of contactless ECG sensors with each detected body part; selecting from each group a contactless ECG sensor having a highest signal quality;
the processor being adapted to produce a standard ECG signal based on the contactless ECG signal of each selected contactless ECG sensor; and
an output for outputting the standard ECG signal for viewing/storage.
The system of claim 10 , wherein the sensor pad comprises a grounding pad for placing in proximity of and at distance from the human body, the grounding pad being adapted to provide a capacitively coupled ground reference to the human body for reducing interference.
The system of claim 11 , wherein the grounding pad is driven with a feedback signal derived from the contactless ECG signals.
The system of claim 11 , further comprising a drive signal generator configured to feed the grounding pad with a high frequency signal that is outside of an ECG frequency band for determining the capacitively coupled ground reference for each contactless ECG sensor.
The system of claim 10 , wherein the contactless ECG sensor comprises: a capacitive electrode adapted to be capacitively coupled to the human body for outputting an electrical charge which is representative of an electrical cardiac activity; an electrodynamic sensor configured to detect and amplify the electrical charge produced by the capacitive electrode; and an electrode shield physically provided in proximity of the electrode for reducing a stray interference at an input of the electrodynamic sensor.
a capacitive electrode adapted to be capacitively coupled to the human body for outputting an electrical charge which is representative of an electrical cardiac activity;
an electrodynamic sensor configured to detect and amplify the electrical charge produced by the capacitive electrode; and
an electrode shield physically provided in proximity of the electrode for reducing a stray interference at an input of the electrodynamic sensor.
The system of claim 14 , wherein the contactless ECG sensor is made of a flexible material.
The system of claim 14 , wherein the sensor pad is provided in a fabric with which the human body comes in contact or in one of: a gel, silicone, a rubber type pad, and a mat.
A method for providing electrocardiogram (ECG) signals for a human body using contactless ECG sensors, the method comprising: receiving contactless ECG signals from an array of contactless ECG sensors; detecting body parts located in proximity of the array of contactless ECG sensors; associating a group of contactless ECG sensors with each detected body part; selecting from each group a contactless ECG sensor having a highest signal quality; producing and outputting a standard ECG signal based on the contactless ECG signal of each selected contactless ECG sensor.
receiving contactless ECG signals from an array of contactless ECG sensors;
producing and outputting a standard ECG signal based on the contactless ECG signal of each selected contactless ECG sensor.
The method of claim 17 , further comprising: obtaining a body outline of the human body using the contactless ECG signals associated with the contactless ECG sensors located in proximity of the human body; determining a position of the human body on the array of contactless ECG sensors; dividing the contactless ECG sensors into groups and associate each group to a body part using the body outline and the position of the human body; from each group, selecting the contactless ECG sensor providing the contactless ECG signal having the highest quality.
obtaining a body outline of the human body using the contactless ECG signals associated with the contactless ECG sensors located in proximity of the human body;
determining a position of the human body on the array of contactless ECG sensors;
dividing the contactless ECG sensors into groups and associate each group to a body part using the body outline and the position of the human body;
from each group, selecting the contactless ECG sensor providing the contactless ECG signal having the highest quality.
The method of claim 18 , further comprising identifying the contactless ECG sensors that are located in close proximity to the human body by measuring an impedance between each contactless ECG sensor and the human body.
The method of claim 17 , further comprising: repeating the steps of detecting to selecting continuously for selecting another contactless ECG sensor for a given body part following a movement of the human body with respect to the array of contactless ECG sensors.
The method of claim 17 , further comprising continuously monitoring a signal quality of the selected contactless ECG sensor associated with each body part and repeating the steps of detecting to selecting for selecting another contactless ECG sensor for a given body part when the signal quality drops beyond a given threshold following a movement of the human body with respect to the array of contactless ECG sensors.
The method of claim 17 , further comprising controlling relative impedance differences between different contactless ECG sensors, and an absolute impedance between each contactless ECG sensor and the human body due to a difference in distance or a type of clothing material between each contactless ECG sensor and the human body.
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
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