DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. According to the Amendment, filed 06 July 2026, the status of the claims is as follows:
Claims 6, 23-25, 28, and 29 are currently amended;
Claims 7-13, 21, 22, 26, and 27 are previously presented;
Claims 30-33 are new; and
Claims 1-5 and 14-20 are cancelled.
Response to Arguments
3. Applicant’s arguments, see Remarks, pp. 7-10, filed 06 July 2026, with respect to the rejection of claims 6-13, 22-25, and 27-29 under 35 U.S.C. 102(a)(1) as being anticipated by Engler et al., U.S. Patent Application Publication No. 2013/0261496 A1 (“Engler”), and the rejection of claims 21 and 26 under 35 U.S.C. 103 as being unpatentable over Engler, as applied to claims 6 and 25, respectively, above, and further in view of Lavery et al., U.S. Patent No. 6,398,740 B1 (“Lavery”), have been fully considered, and are persuasive in view of the Amendment, filed 06 July 2026. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection, which was necessitated by amendment, is discussed below.
Claim Objections
4. Claim 28 is objected to because of the following informalities:
In lines 4-5, “the plurality of temperature sensors for the first foot of the, wherein the comparing comprises …” is a typographical error and should be amended to “the plurality of temperature sensors for the first foot of the user, wherein the comparing comprises …”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
5. 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 (i.e., changing from AIA to pre-AIA ) 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.
6. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
7. Claims 6, 7, 9, 11, 12, 21-29, and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barber et al., U.S. Patent Application Publication No. 2017/0273569 A1 (“Barber”).
As to Claim 6, Barber teaches the following:
An electronic temperature measuring system (“foot temperature measuring device”) 1 (see “A device for measuring the temperature of a lower extremity of a subject in need of such monitoring.” in Abstract, and fig. 1), comprising:
a mat (“mat”) 14 (see “The foot temperature measuring device 1 can take many different advantageous forms, including, but not limited to, mats 14 and foot pads 15.” in para. [0012]);
a plurality of temperature sensors (“plurality of temperature sensors”) 4-11 positioned on the mat 14 for sensing temperatures of at least one foot of a user (see “A foot mat 14 is a preferred form for a foot temperature measuring device 1 because it allows for easy measuring with a plurality of temperature sensors 4-11 while a subject is standing, which provides for an accurate temperature reading of the subject's foot/feet temperature.” in para. [0011]);
memory (“memory”) 3a for storing a predefined baseline temperature (“baseline temperature”) (see “A baseline temperature may be an average baseline temperature preprogrammed into memory 3a, or it may be a personalized baseline temperature that may be programmed into memory 3a for the user/subject using the device 1.” in para. [0018]); and
a controller (“control box”) 3 configured to receive input (“output of an electronic signal carrying the temperature reading information”) from the plurality of temperature sensors 4-11 (see “The plurality of temperature sensors 4-11 is in electric communication with the control box 3. An output of an electronic signal carrying the temperature reading information is transferred from the plurality of temperature sensors 4-11 to the control box 3. The control box 3 processes (by processor 3b, microcontroller, CPU, or similar device well-known in the art) the electronic signal from the plurality of temperature sensors 4-11 to extrapolate the temperature reading from each of the plurality of temperature sensors 4-11.” in para. [0017]), the controller 3 further configured to
compare the sensed temperatures to the predefined baseline temperature (see “It has been found that a subject's lower extremity temperature correlates well with blood flow where a decrease in blood flow relates to a decrease in temperature of a subject's foot. For example, a drop of four degrees Fahrenheit from a baseline temperature in one or both feet of a subject may indicate a period of decreased blood flow that could cause tissue damage complications for the subject's lower extremities if not acted upon. A baseline temperature may be an average baseline temperature preprogrammed into memory 3a, or it may be a personalized baseline temperature that may be programmed into memory 3a for the user/subject using the device 1. Therefore, the temperature data captured can be used by a caregiver of the subject, such as a nurse or doctor, to monitor the health of the subject and/or prescribe preventive/remedial action or corrective action based on the analysis of the transferred data. The data captured can be processed and stored for each individual sensor of the plurality of temperature sensors 4-11. The captured data can also be processed to provide an averaged temp for all sensors for one or both feet of the subject. The data captured can be processed to glean trends in temperature and blood flow for each foot and/or for each sensor.” in para. [0018]) and
detect, based on comparison of the sensed temperatures to the predefined baseline temperature, abnormal blood flow (“low blood flow”) thorough the at least one foot and communicate a warning (“audible or visual alarm”) of a health condition (“diabetes, low blood flow, and/or low temperature of a lower extremity”) of the user based on the input in response to detection of the abnormal blood flow (see “By monitoring the temperature of the lower extremities of a subject, a foot or a portion thereof that is experiencing periods of lower temperature and lower blood flow can be found before tissue damage and ulceration occurs. The foot temperature measuring device 1 acts as an early warning device and, thereby, provides for a prevention of complications of diabetes, low blood flow, and/or low temperature of a lower extremity. In addition to using the data captured to diagnose and take remedial action(s), the data can alert the user/subject in need thereof by performing an audible or visual alarm when the temperature reading of any foot or individual temperature sensor falls below the baseline temperature.” in para. [0018]).
As to Claim 7, Barber teaches the following:
a plurality of capacitive sensors (“thermistor-type sensors”) 19 operably coupled with the controller 3, wherein the controller 3 is configured to receive input from the plurality of capacitive sensors (see “Thermistor-type sensors 19 are particularly preferred due to their accuracy in a variety of environmental conditions.” in para. [0013]).
As to Claim 9, Barber teaches the following:
a feedback device (“audible or visual alarm”, not labeled) communicatively coupled with the controller 3, wherein the feedback device includes a processor having a memory, and wherein the feedback device is configured to receive data from the controller to be stored on the memory of the feedback device (see “In addition to using the data captured to diagnose and take remedial action(s), the data can alert the user/subject in need thereof by performing an audible or visual alarm when the temperature reading of any foot or individual temperature sensor falls below the baseline temperature.” in para. [0018]).
As to Claim 11, Barber teaches the following:
wherein the feedback device (“audible or visual alarm”, not labeled) includes a speaker configured to selectively provide auditory feedback in response to input from the controller 3 (see “In addition to using the data captured to diagnose and take remedial action(s), the data can alert the user/subject in need thereof by performing an audible or visual alarm when the temperature reading of any foot or individual temperature sensor falls below the baseline temperature.” in para. [0018]).
As to Claim 12, Barber teaches the following:
wherein the feedback device (“audible or visual alarm”, not labeled) includes a light source configured to selectively provide visual feedback in response to input from the controller 3 (see “In addition to using the data captured to diagnose and take remedial action(s), the data can alert the user/subject in need thereof by performing an audible or visual alarm when the temperature reading of any foot or individual temperature sensor falls below the baseline temperature.” in para. [0018]).
As to Claim 21, Barber teaches the following:
wherein the mat 14 has at least one foot placement guide (“a right foot placement guide 12 and a left foot placement guide 13”) 12 and 13 for guiding a placement of the at least one foot of the user such that the plurality of temperature sensors 4-11 make contact with the at least one foot (see “As shown in FIG. 1, a mat-type 14 device 1 may be provided with a right foot placement guide 12 and a left foot placement guide 13 to assist the user/subject to properly place the foot/feet over the plurality of temperature sensors 4-11.” in para. [0015]).
As to Claim 22, Barber teaches the following:
wherein the controller 3 is configured to calculate an average temperature measured by the plurality of temperature sensors 4-11 based on the input (see “The captured data can also be processed to provide an averaged temp for all sensors for one or both feet of the subject.” in para. [0018]).
As to Claim 23, Barber teaches the following:
wherein the at least one foot includes at least a first foot of the user (see “Wearable forms, such as pad-type 15 devices 1 may be configured to be worn on a particular foot (i.e., left and right, with an appropriate foot placement guide 13/12) or universally (i.e., left or right). In order to obtain an accurate temperature reading, the subject's foot/feet must be positioned and/or held within sufficient proximity to the subject's foot/feet for a predetermined length of time.” in para. [0015]), wherein the controller 3 is configured to calculate, based on the input, an average temperature measured by the plurality of temperature sensors 4-11 for the first foot of the user, and wherein the controller 3 is configured to determine a baseline temperature for the first foot and to compare the average temperature to the predefined baseline temperature (see “A baseline temperature may be an average baseline temperature preprogrammed into memory 3a, or it may be a personalized baseline temperature that may be programmed into memory 3a for the user/subject using the device 1. Therefore, the temperature data captured can be used by a caregiver of the subject, such as a nurse or doctor, to monitor the health of the subject and/or prescribe preventive/remedial action or corrective action based on the analysis of the transferred data. The data captured can be processed and stored for each individual sensor of the plurality of temperature sensors 4-11. The captured data can also be processed to provide an averaged temp for all sensors for one or both feet of the subject. The data captured can be processed to glean trends in temperature and blood flow for each foot and/or for each sensor.” in para. [0018]).
As to Claim 24, Barber teaches the following:
wherein the controller 3 is configured to communicate the warning based on comparison of the average temperature to the predefined baseline temperature (see “The foot temperature measuring device 1 acts as an early warning device and, thereby, provides for a prevention of complications of diabetes, low blood flow, and/or low temperature of a lower extremity. In addition to using the data captured to diagnose and take remedial action(s), the data can alert the user/subject in need thereof by performing an audible or visual alarm when the temperature reading of any foot or individual temperature sensor falls below the baseline temperature.” in para. [0018]).
As to Claim 25, Barber teaches the following:
A method (see “Methods of preventing complications from such diseases, disorders, syndromes, or conditions are provided.” in Abstract, and fig. 1), comprising:
sensing, with a plurality of temperature sensors (“plurality of temperature sensors”) 4-11 positioned on a mat (“mat”) 14, temperatures of at least one foot of a user (see “A foot mat 14 is a preferred form for a foot temperature measuring device 1 because it allows for easy measuring with a plurality of temperature sensors 4-11 while a subject is standing, which provides for an accurate temperature reading of the subject's foot/feet temperature.” in para. [0011]);
receiving, with a controller (“control box”) 3 from the plurality of temperature sensors 4-11, input indicative of the sensed temperatures (see “The plurality of temperature sensors 4-11 is in electric communication with the control box 3. An output of an electronic signal carrying the temperature reading information is transferred from the plurality of temperature sensors 4-11 to the control box 3. The control box 3 processes (by processor 3b, microcontroller, CPU, or similar device well-known in the art) the electronic signal from the plurality of temperature sensors 4-11 to extrapolate the temperature reading from each of the plurality of temperature sensors 4-11.” in para. [0017]);
storing, in memory (“memory”) 3a, a predefined baseline temperature (“baseline temperature”) (see “A baseline temperature may be an average baseline temperature preprogrammed into memory 3a, or it may be a personalized baseline temperature that may be programmed into memory 3a for the user/subject using the device 1.” in para. [0018]);
comparing, with the controller, the sensed temperatures and the predefined baseline temperature (see “It has been found that a subject's lower extremity temperature correlates well with blood flow where a decrease in blood flow relates to a decrease in temperature of a subject's foot. For example, a drop of four degrees Fahrenheit from a baseline temperature in one or both feet of a subject may indicate a period of decreased blood flow that could cause tissue damage complications for the subject's lower extremities if not acted upon. A baseline temperature may be an average baseline temperature preprogrammed into memory 3a, or it may be a personalized baseline temperature that may be programmed into memory 3a for the user/subject using the device 1. Therefore, the temperature data captured can be used by a caregiver of the subject, such as a nurse or doctor, to monitor the health of the subject and/or prescribe preventive/remedial action or corrective action based on the analysis of the transferred data. The data captured can be processed and stored for each individual sensor of the plurality of temperature sensors 4-11. The captured data can also be processed to provide an averaged temp for all sensors for one or both feet of the subject. The data captured can be processed to glean trends in temperature and blood flow for each foot and/or for each sensor.” in para. [0018]);
detecting, with the controller 3 based on the comparing, abnormal blood flow (“low blood flow”) through the at least one foot (see “By monitoring the temperature of the lower extremities of a subject, a foot or a portion thereof that is experiencing periods of lower temperature and lower blood flow can be found before tissue damage and ulceration occurs.” in para. [0018]); and
communicating, with the controller 3 based on the analyzing in response to the detecting, a warning (“audible or visual alarm”) of a health condition (“diabetes, low blood flow, and/or low temperature of a lower extremity”) of the user (see “The foot temperature measuring device 1 acts as an early warning device and, thereby, provides for a prevention of complications of diabetes, low blood flow, and/or low temperature of a lower extremity. In addition to using the data captured to diagnose and take remedial action(s), the data can alert the user/subject in need thereof by performing an audible or visual alarm when the temperature reading of any foot or individual temperature sensor falls below the baseline temperature.” in para. [0018]).
As to Claim 26, Barber teaches the following:
wherein the mat 14 has at least one foot placement guide (“a right foot placement guide 12 and a left foot placement guide 13”) 12 and 13 for guiding a placement of the at least one foot of the user such that the plurality of temperature sensors 4-11 make contact with the at least one foot (see “As shown in FIG. 1, a mat-type 14 device 1 may be provided with a right foot placement guide 12 and a left foot placement guide 13 to assist the user/subject to properly place the foot/feet over the plurality of temperature sensors 4-11.” in para. [0015]).
As to Claim 27, Barber teaches the following:
calculating, with the controller 3 based on the input, an average temperature measured by the plurality of temperature sensors 4-11 based on the input (see “The captured data can also be processed to provide an averaged temp for all sensors for one or both feet of the subject.” in para. [0018]).
As to Claim 28, Barber teaches the following:
wherein the at least one foot includes at least a first foot of the user (see “Wearable forms, such as pad-type 15 devices 1 may be configured to be worn on a particular foot (i.e., left and right, with an appropriate foot placement guide 13/12) or universally (i.e., left or right). In order to obtain an accurate temperature reading, the subject's foot/feet must be positioned and/or held within sufficient proximity to the subject's foot/feet for a predetermined length of time.” in para. [0015]), wherein the method further comprises:
calculating, with the controller 3 based on the input, an average temperature measured by the plurality of temperature sensors 4-11 for the first foot of the, wherein the comparing comprises comparing, with the controller 3, the average temperature to the predefined baseline temperature (see “A baseline temperature may be an average baseline temperature preprogrammed into memory 3a, or it may be a personalized baseline temperature that may be programmed into memory 3a for the user/subject using the device 1. Therefore, the temperature data captured can be used by a caregiver of the subject, such as a nurse or doctor, to monitor the health of the subject and/or prescribe preventive/remedial action or corrective action based on the analysis of the transferred data. The data captured can be processed and stored for each individual sensor of the plurality of temperature sensors 4-11. The captured data can also be processed to provide an averaged temp for all sensors for one or both feet of the subject. The data captured can be processed to glean trends in temperature and blood flow for each foot and/or for each sensor.” in para. [0018]).
As to Claim 29, Barber teaches the following:
wherein the communicating the warning is based on the comparing the average temperature to the predefined baseline temperature (see “The foot temperature measuring device 1 acts as an early warning device and, thereby, provides for a prevention of complications of diabetes, low blood flow, and/or low temperature of a lower extremity. In addition to using the data captured to diagnose and take remedial action(s), the data can alert the user/subject in need thereof by performing an audible or visual alarm when the temperature reading of any foot or individual temperature sensor falls below the baseline temperature.” in para. [0018]).
As to Claim 33, Barber teaches the following:
wherein the controller is configured to detect the abnormal blood flow based on the input from the plurality of capacitive sensors (see “The data captured can be processed and stored for each individual sensor of the plurality of temperature sensors 4-11. The captured data can also be processed to provide an averaged temp for all sensors for one or both feet of the subject. The data captured can be processed to glean trends in temperature and blood flow for each foot and/or for each sensor. A person of ordinary skill in the art will readily understand that more precise readings, time stamps, and increased number of data points (i.e., sensors 4-11) can provide more data for discerning trouble spots within a given lower extremity of a subject that need special attention for preventive/remedial action or corrective action. By monitoring the temperature of the lower extremities of a subject, a foot or a portion thereof that is experiencing periods of lower temperature and lower blood flow can be found before tissue damage and ulceration occurs.” in para. [0018]).
Claim Rejections - 35 USC § 103
8. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
9. 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.
10. Claims 8, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Barber, as applied to claims 7 and 9, respectively, above, and further in view of Engler.
As to Claim 8, Barber teaches the subject matter of claims 7, respectively, above. Barber does not teach the following:
a tactile feedback component configured to be selectively actuated by the controller in response to input from at least one of the plurality of temperature sensors and the plurality of capacitive sensors.
However, Engler teaches the following:
a tactile feedback component (“indicators/displays”) 18 configured to be selectively actuated by the controller in response to input from at least one of the plurality of temperature sensors and the plurality of capacitive sensors (see “The data acquisition block 54 also may control the user indicators/displays 18, which provide feedback to the user through the above mentioned indicia (e.g., audible, visual, or tactile).” in para. [0053]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Barber’s “audible or visual alarm” to include Engler’s “indicators/displays 18” having a tactile feedback because it is a simple substitution of one known feedback device, i.e. Barber’s “audible or visual alarm”, for another, i.e. Engler’s “indicators/displays 18” having tactile feedback, to provide similar predictable result, i.e. “acts as an early warning device and, thereby, provides for a prevention of complications of diabetes, low blood flow, and/or low temperature of a lower extremity” (see Barber, para. [0018]).
As to Claim 10, Barber teaches the subject matter of claims 9, respectively, above. Barber does not teach the following:
wherein the feedback device is configured to selectively transmit the data from the controller to a remote user.
However, Engler teaches the following:
a feedback device (“indicators/displays”) 18 is configured to selectively transmit the data from a controller (“motherboard”) 34 to a remote user (see “The input/output interface port 40, also controlled by the motherboard 34 and other electronics on the platform 16, selectively transmits or forwards the acquired data from the storage device to the analysis engine 46 on a remote computing device, such as a server 60. The data acquisition block 54 also may control the user indicators/displays 18, which provide feedback to the user through the above mentioned indicia (e.g., audible, visual, or tactile).” in para. [0053]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Barber’s “audible or visual alarm” to include Engler’s “indicators/displays 18” configured to transmit data to a remote user because it is a simple substitution of one known feedback device, i.e. Barber’s “audible or visual alarm”, for another, i.e. Engler’s “indicators/displays 18” configured to transmit data to a remote user, to provide similar predictable result, i.e. providing alerts and data to a user.
As to Claim 13, Barber teaches the subject matter of claims 9, respectively, above. Barber does not teach the following:
wherein the feedback device includes a tactile feedback component configured to selectively provide tactile feedback in response to input from the controller.
However, Engler teaches the following:
a feedback device (“indicators/displays”) 18 includes a tactile feedback component configured to selectively provide tactile feedback in response to input from a controller (“motherboard”) 34 (see “The data acquisition block 54 also may control the user indicators/displays 18, which provide feedback to the user through the above mentioned indicia (e.g., audible, visual, or tactile).” in para. [0053]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Barber’s “audible or visual alarm” to include Engler’s “indicators/displays 18” having a tactile feedback because it is a simple substitution of one known feedback device, i.e. Barber’s “audible or visual alarm”, for another, i.e. Engler’s “indicators/displays 18” having tactile feedback, to provide similar predictable result, i.e. “acts as an early warning device and, thereby, provides for a prevention of complications of diabetes, low blood flow, and/or low temperature of a lower extremity” (see Barber, para. [0018]).
Allowable Subject Matter
11. Claims 30-32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
12. The following is a statement of reasons for the indication of allowable subject matter:
As to Claim 30, neither Barber, Engler, nor the prior art of record teaches the electronic temperature measuring system of base claim 6, including the following, in combination with all other limitations of the base claim:
wherein the controller is configured to authenticate the user based on the second input from the plurality of capacitive sensors.
As to Claim 31, neither Barber, Engler, nor the prior art of record teaches the electronic temperature measuring system of base claim 6, including the following, in combination with all other limitations of the base claim:
wherein the controller is configured to determine whether the at least one foot is covering at least one of the plurality of temperature sensors based on the input from the plurality of capacitive sensors.
As to Claim 32, neither Barber, Engler, nor the prior art of record teaches the electronic temperature measuring system of base claim 6, including the following, in combination with all other limitations of the base claim:
wherein the controller is configured to determine whether the at least one foot is covering at least a threshold number of the plurality of temperature sensors based on the input from the plurality of capacitive sensors, and wherein the detection of the abnormal blood flow is based on whether the at least one foot is determined by the controller to cover at the threshold number of the plurality of temperature sensors.
Conclusion
13. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAVIN NATNITHITHADHA whose telephone number is (571)272-4732. The examiner can normally be reached Monday - Friday 8:00 am - 8:00 am - 4:00 pm.
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 10/06/2026
