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In reference to the patent: US20060085888
Would an automated method or system to modulate and control the temperature of the garment which is based on input from the person wearing the garment infringe this patent? Would this be a new utility patent citing this patent?
Thanks
This is an application and not yet a patent. The claims are likely to change between now and when a patent is approved (if at all). Indeed, searching on this application on the US Public Pair site indicates that the application has been abandoned. I'm not sure whether it can be resurrected. It is useful to review the documents found at US Public Pair as you can see what the examiner cited against the application. Understand there may be other patents and applications that are relevant other than this one you would have to consider before you can assess the patentability of a new invention.
The patent system intentionally includes and encourages the possibility of obtaining patents for inventions comprised of "new and useful" improvements upon existing inventions, previously patented or not. 35 USC § 101. Were the underlying invention still patented in your country, an implementation of the improvement may necessitate licensing from the owners of the underlying patent, regardless of whether the improvement is, itself, patentable.
