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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/08/2023 has been entered. Claims 1, 6, 13, 17, and 20 filed 05/08/2023 are presented for examination.
Response to Arguments
Applicant's arguments with respect to amended claims 21, 27, 34 filed on 12/29/2025 have been considered but they are not persuasive.
The examiner found some amended limitations are taught by references previous introduced.
In Remark page 6, fourth paragraph, applicant argued that Independent claims 21, 27, and 34 as presently amended includes elements not taught by the
cited references. As recited in claim 211, the elements include, "output, for display on the user interface, an integrated display of the virtual representation of the leg and the video of the leg in motion, the virtual representation of the leg overlaid in real-time on the video of the leg in motion, the virtual representation including an indication of a path to be taken by the leg based on a specified range of motion indicating a target."
Examiner respectfully disagrees with Applicant’s argument. In fact, in paragraph [0070], (Schuster discloses “a computer with graphical interface (inclusive of supporting components for data transfer between motion capture system and computer). A video capture camera records a user performing a motion. A user's leg motion is captured via a motion capture devices (IMUs) and transferred to a computer, which may combine the data and then relays the motion of user's legs real time, visually, and input from the camera to fill in anticipated motion of remainder of user's body and overlay a representative backdrop around the avatar” Schuster teaches output, for display on the user interface (computer with graphical interface), an integrated display of the virtual representation of the leg and the video of the leg in motion (a user's leg motion is captured by the video capture camera and transferred to a computer to combine the data (an integrated display) and then relays the virtual image of video motion of user's legs in real time that is overlaid on the computer’s user interface).
Independent claims 27 and 34 have been amended similarly to claim 21 and are rejected as the explanation above.
Dependent claims 22-26, 28-33, 35-40 depend on independent claims 21 , 27 and 34 and rejected as current rejection.
Claim Rejections - 35 USC S 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 of this title, 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 21-22, 24 -25, 27-29, 31-32, 34-36 and 38-40 are rejected under 35 U.S.C. 103 as being unpatentable by Barrera et al. (U.S. 2017/0136296 A1) in view of Nakajima (U.S. 2016/0166880 A1) and further in view of Schuster et al. (U.S. 2018/0070864 A1).
Regarding Claim 21 (Currently amended), Barrera discloses a system (Barrera, [0005] "a system") comprising:
a display including a user interface (Barrera, [0012] "a user interface for multidimensional display of instructions" Barrera teaches a display includes a user interface;
a first sensor configured to be affixed to a leg of a patient to collect data at a location proximal from a knee of the leg (Barrera, [0054] "FIG. 1, The sensor module 102 comprises one or more sensors 103" and [0069] "the user for wearing the sensor module 102 in a particular way, for an exercise involving leg 502 of a user, put sensor modules 102A and 102B in the positions as shown in FIG. 5" and [0071] "The Smart Trainer App 250 collects the data provided by the device sensors and by the sensor modules. FIG. 5, for each position of the sensor modules 102A and 102B" Barrera teaches a first sensor (sensor modules 102A includes sensors 103, Fig. 5) is attached at a location (direct below) proximal from a knee of the leg to collect data;
a second sensor configured to be affixed to a leg of a patient to collect data at a location distal from a knee of the leg (Barrera, [0054] "FIG. 1, The sensor module 102 comprises one or more sensors 103" and [0069] "the user for wearing the sensor module 102 in a particular way, for an exercise involving leg 502 of a user, put sensor modules 102A and 102B in the positions as shown in FIG. 5" and [0071] "The Smart Trainer App 250 collects the data provided by the device sensors and by the sensor modules. FIG. 5, for each position of the sensor modules 102A and 102B" Barrera teaches a second sensor (sensor modules 102B includes sensors 103, Fig. 5) is attached at a location (direct upper) proximal from a knee of the leg to collect data; and
a processor configured to (Barrera, Fig. 1 , [0056] "The data from the one or more sensors 103 can be collected by the processor 1 14" Barrera teaches a processor 114 can collect data from sensors 103:
receive position data points collected by the first and second sensors during motion of the leg (Barrera, [0068] "The sensor modules 102 are identified by the mobile computing device 202 in a number of ways, identification based on motion pattern detection for each sensor corresponding to an exercise" and [0071] "The Smart Trainer App 250 collects the data provided by the device sensors and by the sensor modules... FIG. 5, for each position of the sensor modules 102A and 102B" Barrera teaches receives position data points collected by the first and second sensors (sensors 102A and 102B) during motion of the leg (Fig. 5);
generate a virtual representation of the leg based on the position data points (Barrera,[0027] "The Smart Trainer also shows virtual 3D paths in the virtual scene to teach and to guide the user to the next step of the exercise" and [0069] "the user for wearing the sensor module 102 in a particular way, for an exercise involving leg 502 of a user, put sensor modules 102A and 102B in the positions as shown in FIG. 5" Barrera teaches generate a virtual representation of the leg (502) based on the position data points of sensors (Fig.5) ;and
Barrera discloses an Al module can analyze motion of body parts (leg, thigh, etc.) and calculate a range of motion (Barrera, [0060]).
However, Barrera does not explicitly teach
a motion capture device to capture a video of the leg in motion; and
output, for display on the user interface, an integrated display of the virtual representation of the leg, and the video of the leg in motion, the virtual representation of the leg overlaid in real-time, on the video of the leg in motion, the virtual representation including an indication of a path to be taken by the leg based on a specified range of motion indicating a target; and
after completion of the motion, output, for display on the user interface, an indication of an achieved range of motion of the leg using the position data points.
Nakajima teaches output, for display on the user interface, the virtual representation of the leg, the virtual representation including an indication of a path to be taken by the leg based on a specified range of motion indicating a target; and after completion of the motion, output, for display on the user interface, an indication of an achieved range of motion of the leg using the position data points (Nakajima, [0304] "the information processing device 200 may be allowed to activate a web browser as software for browsing network information to display exercise information (reproduction image of the lower limb motion..)" and [0030] "FIG. 18 is a schematic diagram illustrating a position of a reference posture of one cycle of running motion in the lower limb motion reproduction process applied to one embodiment" and [0050] "The angular velocity sensor 1 14 measures a rate of change in motion orientation (rotational angular velocity) during the exercise of the user US and outputs angular velocity data (angular velocity signals) in three perpendicular axis directions" and [0080] "menu displayed on the display unit 210 or indicating an arbitrary position in a displayed screen" and [01 77] "FIG. 1A where the lower leg DLr of the left leg attached with the sensor device 100 is erect to the position illustrated FIG. 11B the lower leg DLr is rotated 900 backward by using the knee J Tc as the rotation axis"
Nakajima teaches a virtual output representation of the on an display unit (e.g., reproduction image of lower limb(leg) motion is simulated by a software on an information processing device 22, see Fig. 1A, 1B, 1C), which indicates a path to be taken by leg (that indicates a direction target such as backward direction, or perpendicular axis direction, see Figs. 11A, 11B, 11C) on a specified range of motion (e.g., an angle 900, Fig. 11 B or an angle less than 180°, Fig. 11C) and after completion of the motion, an achieved range of motion of the leg (e.g. the position of the knee JTc is not moved as much as possible and the lower leg Dlr is rotated 900 backward direction). Also, Fig. 18 illustrates the range of motion of the lower limb (leg) motions), and
Barrera and Nakajima are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Barrera to combine with a range motion of the leg (as taught by Nakajima) in order to output a path for the leg based on a specified range of motion and a completion of the leg motion because Nakajima can provide an output a path for the leg based on a specified range of motion and a completion of the leg motion (Nakajima, [0080], FIG. 1 IA , [01 17] ). Doing so, it may accurately reproduce the exercise state of the user by a simple configuration where a sensor unit is attached to body of a user (Nakajima, [0009], [0307]).
Schuster teaches a motion capture device to capture a video of the leg in motion (Schuster; [0070] "A video capture camera records (and may use body, edge, fiducial...tracking) a user performing a motion. A user's leg motion is captured via a motion capture devices (IMUs) and transferred to a computer, which may combine the data and then relays the motion of user's legs real time, visually" Schuster teaches a motion capture device (IMUs) to capture a video of the leg in motion.
output, for display on the user interface, an integrated display of the virtual representation of the leg and the video of the leg in motion, the virtual representation of the leg overlaid in real-time on the video of the leg in motion (Schuster, [0070] “a computer with graphical interface (inclusive of supporting components for data transfer between motion capture system and computer). A video capture camera records a user performing a motion. A user's leg motion is captured via a motion capture devices (IMUs) and transferred to a computer, which may combine the data and then relays the motion of user's legs real time, visually, and input from the camera to fill in anticipated motion of remainder of user's body and overlay a representative backdrop around the avatar” Schuster teaches output, for display on the user interface (computer with graphical interface), an integrated display of the virtual representation of the leg and the video of the leg in motion (a user's leg motion is captured by the video capture camera and transferred to a computer to combine the data (an integrated display) and then relays the virtual image of video motion of user's legs in real time that is overlaid on the computer’s user interface).
the video of the leg in motion overlaid in real-time (Schuster, [0022] “as visual overlays of the motion standards (static or dynamic) and [0070] “A video capture camera records a user performing a motion. A user's leg motion is captured via a motion capture devices (IMUs) and transferred to a computer, which may combine the data and then relays the motion of user's legs real time, visually…and input from the camera to fill in anticipated motion of remainder of user's body and overlay a representative backdrop around the avatar” Schuster teaches a video of user's leg motion is captured via a motion capture devices (IMUs) in real time and transferred to a computer and overlay a representative backdrop around the avatar.
Barrera, Nakajima and Schuster are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Barrera to combine with a motion capture device (as taught by Schuster) in order to use a motion capture device to capture a video of the leg in motion because Schuster can provide motion capture device (1M Us) to capture a video of the leg in motion (Schuster, [0070]). Doing so, it may provide one or more processors on the person (moving system) which estimates the aspect computing demand on the main processor is reduced which may improve performance of a high population virtual environment (Schuster, [0035]).
Regarding Claim 22, a combination of Barrera, Nakajima and Schuster discloses the system of claim 21 , wherein the display is configured to present, on the user interface, an indication of a number of repetitions performed during the motion (Barrera, [0003] "Most rehabilitation activities require repetitive exercises, where the proper temporal/special execution is the key for a faster recovery" and [0112] "Punch-card: This is a visual feature that shows the overall list of objectives (e.g., range of motion, number of repetitions, etc.) that the user needs to achieve" Barrera teaches a punch-card, a virtual feature that shows a number of repetition that user needs to achieve.
Regarding Claim 24, a combination of Barrera, Nakajima and Schuster discloses the system of claim 21 , wherein the processor is further configured to determine an assessment for the leg based on a difference set generated by determining differences between points on the path and the position data points, and output the assessment (Barrera, [0060] "FIG. 3, the Smart Trainer app 250 comprises a smart graphical user interface (GUI) module 302, a feedback module 31 0" and [0082] "the feedback module 310 compares actual motion/movement/ position of an anatomical part being tracked with an ideal motion/movement/position and provides visual instructions for correcting the motion/movement/ position on finding an error/deviation, reference to FIG. 12, to show the errors (deviations in actual user's movements relative to prescribed path and/or position and orientation) during exercises, the real body part position models 1204 and 1206 and the desired body position model 1208 and the desired movement trajectory 1210...the GUI also displays contextual and symbolic information such as arrows, numbers and text indicating angles, distances, speed, warning sign when a wrong movement is detected, details of an error and instruction for corrective measure and/or color codes to indicate right/wrong movements/positions" Barrera teaches determine an assessment for the leg (compares actual motion/movement/ position of an anatomical part being tracked and provides visual instructions for correcting the motion/movement/ position on finding an error/deviation) based on a difference set generated by determining differences between points (the real body part position models 1204 and 1206 and the desired body position model 1208 ) on the path (desired movement trajectory 1210) and the position data points (Fig. 12) and output the assessment (the GUI also display...
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Regarding Claim 25, a combination of Barrera, Nakajima and Schuster discloses the system of claim 24, wherein the assessment is output to a clinician display (Barrera, [0027] "The Smart Trainer system can behave as an expert (a physician, P Tor a personal trainer, depending on the type of use) assessing and indicating corrections in a similar way a person would do, based on its capability of changing the virtual view of a 3D scene/rendering" and [0085] Based on the exercise type and users preferences, the system 400 can play, through output device 235 of the mobile computing device 202... that change dynamically based on the magnitude of error (ideal vs measured position)" Barrera teaches the assessment (e.g. the correcting of errors (deviations in actual user's movements relative to prescribed path and/or position and orientation, during exercises [0082]. Fig. 12) is output to a clinician display via the Smart GUI of physician, PT (physiotherapist) display.
Regarding Claim 27 (Currently Amended), a combination of Barrera, Nakajima and Schuster discloses a method (Barrera, [0005] "a method") comprising:
receiving, from at least two sensors worn on a target body part, position data points during motion of the target body part (Barrera, 0078] "Once a user selects a particular exercise, the Smart Trainer app 250 provides instructions related to the targets for each exercise through the GUI" and [0074] "The Smart Trainer app 250 to strap/clip/place/wear the sensor modules in a specific way (e.g. one sensor in the ankle and another sensor over the knee as shown in FIGS. 5, 6A and 6B), then asks the user to perform specific movements (e.g. swing arm, flex leg, etc., which can be displayed in the GUI) of the body parts to which the sensor modules are tied to and collects the sensor readings simultaneously" Barrera teaches two sensor worn on a target body part (leg) during a motion of the leg (Figs. 5, 6A, 6B);
generating a virtual representation of the target body part based on the position data points;
displaying, on a user interface, an integrated display of the virtual representation of the target body part, the virtual representation of the leg overlaid in real-time on the video of the leg in motion, the virtual representation including an indication of a path to be taken by the target body pan based on a specified range of motion indicating a target; and after completion of the motion, displaying an indication of an achieved range of motion of the target body part using the position data points.
However, a combination of Barrera, Nakajima does not explicitly teach capturing, using a motion capture device, a video of the target body part motion;
displaying, on a user interface, an integrated display of the virtual representation of the target body part, the virtual representation of the leg overlaid in real-time on the video of the leg in motion;
the video of the target body part in motion together;
Schuster teaches capturing, using a motion capture device, a video of the target body part in motion (Schuster, [0023] "actual motion as captured by at least a single motion capture device on the motion target (i.e. inertial measurement unit (IMU))" and [0070] "A video capture camera records (and may use body, edge, fiducial...
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tracking) a user performing a motion. A user's leg motion is captured via a motion capture devices (1M Us) and transferred to a computer, which may combine the data and then relays the motion of user's legs real time, visually" Schuster teaches a motion capture device (IMUs) to capture a video of the target body part (e.g. the leg) in motion;
displaying, on a user interface, an integrated display of the virtual representation of the target body part, the virtual representation of the leg overlaid in real-time on the video of the leg in motion (Schuster, [0070] “a computer with graphical interface (inclusive of supporting components for data transfer between motion capture system and computer). A video capture camera records a user performing a motion. A user's leg motion is captured via a motion capture devices (IMUs) and transferred to a computer, which may combine the data and then relays the motion of user's legs real time, visually, and input from the camera to fill in anticipated motion of remainder of user's body and overlay a representative backdrop around the avatar” Schuster teaches displaying on the user interface (computer with graphical interface), an integrated display of the virtual representation of the leg and the video of the leg in motion (a user's leg motion is captured by the video capture camera and transferred to a computer to combine the data and then relays the video motion of user's legs in real time that is overlaid on the computer’s user interface).
the video of the target body part in motion (Schuster, [0022] “as visual overlays of the motion standards (static or dynamic) and [0070] “A video capture camera records. A user's leg motion is captured via a motion capture devices (IMUs) and transferred to a computer, which may combine the data and then relays the motion of user's legs real time, visually…and input from the camera to fill in anticipated motion of remainder of user's body and overlay a representative backdrop around the avatar” Schuster teaches the video of target body part e.g., a user's leg motion is captured via a motion capture devices (IMUs) in real time and transferred to a computer and overlay a representative backdrop around the avatar.
Barrera, Nakajima and Schuster are combinable see rationale in claim 21.
Claim 27 is substantially similar to claim 21 is rejected based on similar analyses.
Regarding Claim 28, a combination of Barrera, Nakajima and Schuster discloses the method of claim 27, wherein the target body part is a knee of a leg, a first sensor of the two sensors is located proximally on the leg from the knee and a second sensor of the two sensors is located distally on the leg from the knee.
Claim 28 is substantially similar to claim 21 is rejected based on similar analyses.
Regarding Claim 29, a combination of Barrera, Nakajima and Schuster discloses the method of claim 27, further comprising displaying, on the user interface, an indication of a number of repetitions performed during the motion.
Claim 29 is substantially similar to claim 22 is rejected based on similar analyses.
Regarding Claim 31, a combination of Barrera, Nakajima and Schuster discloses the method of claim 27, further comprising, determining an assessment for the target body part based on a difference set generated by determining differences between points on the path and the position data points, and outputting the assessment.
Claim 31 is substantially similar to claim 24 is rejected based on similar analyses.
Regarding Claim 32, a combination of Barrera, Nakajima and Schuster discloses the method of claim 31 , wherein the assessment is output to a clinician display.
Claim 32 is substantially similar to claim 25 is rejected based on similar analyses.
Regarding Claim 34 (Currently amended), a combination of Barrera, Nakajima and Schuster discloses at least one non-transitory machine-readable medium including instructions, which when executed by a machine (Barrera, [0030] "the non-transitory computer-readable storage medium having embodied thereon a program executable by a processor to perform an exemplary method", cause the machine to perform operations comprising:
receiving, from at least two sensors worn on a target body part, position data points during motion of the target body part;
capturing, using a motion capture device, a video of the target body part in motion;
generating a virtual representation of the target body part based on the position data points;
displaying, on a user interface, an integrated display of the virtual representation of the target body part and the video of the target body part in motion the virtual representation of the leg, overlaid in real-time, on the video of the leg in motion, the virtual representation including an indication of a path to be taken by the target body pan based on a specified range of motion indicating a target; and
after completion of the motion, displaying an indication of an achieved range of motion of the target body part using the position data points.
Claim 34 is substantially similar to claim 27 is rejected based on similar analyses.
Regarding Claim 35, a combination of Barrera, Nakajima and Schuster discloses the at least one machine-readable medium of claim 34, wherein the target body part is a knee of a leg, a first sensor of the two sensors is located proximally on the leg from the knee and a second sensor of the two sensors is located distally on the leg from the knee.
Claim 35 is substantially similar to claim 28 is rejected based on similar analyses.
Regarding Claim 36, a combination of Barrera, Nakajima and Schuster discloses the at least one machine-readable medium of claim 34, wherein the operations further comprise displaying, on the user interface, an indication of a number of repetitions performed during the motion.
Claim 36 is substantially similar to claim 22 is rejected based on similar analyses.
Regarding Claim 38, a combination of Barrera, Nakajima and Schuster discloses the at least one machine-readable medium of claim 34, wherein the operations further comprise determining an assessment for the target body part based on a difference set generated by determining differences between points on the path and the position data points, and outputting the assessment.
Claim 38 is substantially similar to claim 24 is rejected based on similar analyses.
Regarding Claim 39, a combination of Barrera, Nakajima and Schuster discloses the at least one machine-readable medium of claim 38, wherein the assessment is output to a clinician display.
Claim 39 is substantially similar to claim 25 is rejected based on similar analyses.
6. Claims 23, 30 and 37 are rejected under 35 U.S.C. 103 as being unpatentable by Barrera et al. (U.S. 2017/0136296 Al) in view of Nakajima (U.S. 2016/0166880Al) and further in view of Schuster et al. (U.S. 2018/0070864 Al) and further in view of deCharms et al. (U.S. 2016/0005320 Al)
Regarding Claim 23, the system of claim 21 , a combination of Barrera,
Nakajima and Schuster do not explicitly teach wherein the display is configured to present, on the user interface, a scale bar including a selectable indicator of a pain level.
However, deCharms teaches wherein the display is configured to present, on the user interface, a scale bar including a selectable indicator of a pain level (deCharms, Fig. 4 [0078] The software may provide a slider or other UI form element 832 that the user may use to indicate the level of a mental state. In this example, the user may indicate the level of the pain that they are experiencing" deCharms teaches a slider bar on the UI, can be used to select an indicator of a pain level (e.g. extreme, severe, high, mild, IOW etc. Fig. 4).
Barrera, Nakajima, Schuster and deCharms are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Barrera to combine with a scale bar of a pain level (as taught by deCharms) in order to provide a scale bar of a pain level, because deCharms can provide a scale bar of a pain level (deCharms, Fig. 4 [0078]). Doing so, it may provide the experience, the extent to which the experience improves or worsens what they intended to improve (e.g., their pain), their emotional response to the experience (deCharms, [0031]).
Regarding Claim 30, a combination of Barrera, Nakajima and Schuster and deCharms discloses the method of claim 27, further comprising, displaying, on the user interface, a scale bar including a selectable indicator of a pain level.
Claim 30 is substantially similar to claim 23 is rejected based on similar analyses.
Regarding Claim 37, a combination of Barrera, Nakajima and Schuster and deCharms discloses the at least one machine-readable medium of claim 34, wherein the operations further comprise displaying, on the user interface, a scale bar including a selectable indicator of a pain level.
Claim 37 is substantially similar to claim 23 is rejected based on similar analyses.
Claims 26, 33, 40 are rejected under 35 U.S.C. 103 as being unpatentable by Barrera et al. (U.S. 2017/0136296 Al) in view of Nakajima (U.S. 2016/0166880 A1) and further in view of Schuster et al. (U.S. 2018/0070864 A1) and further in view of Douglas et al. (U.S. 9,773,330 B1).
Regarding Claim 26, the system of claim 21 , a combination of Barrera,
Nakajima and Schuster do not explicitly teach wherein the two sensors are each an inertial measurement unit.
However, Douglas teaches wherein the two sensors are each an inertial measurement unit (Douglas, Col. 4 L.5-31 "The one or more sensor devices may include: one or more inertial measurement units configured to capture real-time motion data of a motion performed by a user" Douglas teaches two sensors are each an inertial measurement unit.
Barrera, Nakajima, Schuster and Douglas are combinable because they are from the same field of endeavor, system and method for image processing and try to solve similar problems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made for modifying the method of Barrera to combine with an inertial measurement unit (as taught by Douglas) in order to apply sensors are inertial measurement units because Douglas can provide sensors are inertial measurement unit (Douglas, Col. 4 L-5-31). Doing so, it may allow the user to interact with a user interface while wearing one or more sensor devices to record an ideal template motion (Douglas, Col. 4 L-43-56).
Regarding Claim 33, a combination of Barrera, Nakajima, Schuster and Douglas discloses the method of claim 27, wherein the two sensors are each an inertial measurement unit.
Claim 33 is substantially similar to claim 26 is rejected based on similar analyses.
Regarding Claim 40, a combination of Barrera, Nakajima, Schuster and Douglas discloses the at least one machine-readable medium of claim 34, wherein the two sensors are each an inertial measurement unit.
Claim 40 is substantially similar to claim 26 is rejected based on similar analyses.
Conclusion
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/KHOA VU/Examiner, Art Unit 2611
/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611