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 26 November 2025, the status of the claims is as follows:
Claims 6-13 are currently amended;
Claims 21-29 are new; and
Claims 1-5 and 14-20 are cancelled.
Election/Restrictions
3. Applicant’s election without traverse of Group II, claims 6-13, in the reply filed on 26 November 2025 is acknowledged.
Claims 1-5 and 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claims 6-13, 22-25, and 27-29 are rejected 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”).
As to Claim 6, Engler teaches the following:
An electronic temperature measuring system (see “A method of monitoring a patient's foot provides an open platform for receiving at least one foot. The platform has at least one temperature sensor for generating a plurality of temperature data values after receipt of the at least one foot.” in Abstract), comprising:
a mat (“open platform”) 16 (see “FIGS. 2A and 2B schematically show one form factor, in which a patient/user steps on an open platform 16 that gathers data about that user's feet 10. In this particular example, the open platform 16 is in the form of a floor mat placed in a location where he the patient regularly stands, such as in front of a bathroom sink, next to a bed, in front of a shower, on a footrest, or integrated into a mattress.” in para. [0036]);
a plurality of temperature sensors (“an array or matrix of temperature sensors”) 26 positioned on the mat 16 for sensing temperatures of at least one foot of a user (see “To measure foot temperature, the platform 16 has an array or matrix of temperature sensors 26 fixed in place directly underneath the cover 20.” in para. [0042], and fig. 3A); and
a controller (“motherboard”) 34 configured to receive input from the plurality of temperature sensors 26 (see “For example, the motherboard 34 may contain integrated circuits and microprocessors that control the functionality of the platform 16.” in para. [0049]; and see “A data acquisition block 54, implemented by, for example, the motherboard 34 and circuitry shown in FIG. 3, controls acquisition of the temperature and other data for storage in a data storage device 56.” in para. [0053]),
the controller 34 further configured to communicate a warning of a health condition of the user based on the input (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]; see “As noted above and discussed in greater detail below with regard to FIGS. 7 and 8, the analysis engine 46, on the remote server 60, analyzes the data received from the platform 16 in conjunction with a health data analytics module 62. A server output interface 64 forwards the processed output information/data from the analysis engine 46 and health data analytics module 62 toward others across the network 44, such as to a provider, a web display, or to the user via a phone, e-mail alert, text alert, or other similar way.” in para. [0054]; and see “Among other things, the output message may indicate the actual emergence of an ulcer 12 or a pre-ulcer 14, the risk of the emergence of an ulcer 12 or a pre-ulcer 14, or simply that the foot 10 is healthy and has no risks of ulcer 12 or pre-ulcer 14.” in para. [0055]).
As to Claim 7, Engler teaches the following:
a plurality of capacitive sensors (“capacitive … pressure sensors”, not labeled) operably coupled with the controller 34, wherein the controller 34 is configured to receive input from the plurality of capacitive sensors (see “Some embodiments also may use pressure sensors for various functions, such as to determine the orientation of the feet 10 and/or to automatically begin the measurement process. Among other things, the pressure sensors may include piezoelectric, resistive, capacitive, or fiber-optic pressure sensors.” in para. [0044]).
As to Claim 8, Engler teaches 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 (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]).
As to Claim 9, Engler teaches the following:
a feedback device (“acquisition block”) 54 communicatively coupled with the controller 34, wherein the feedback device includes a processor (“microprocessors”, not labeled) having a memory (“data storage device”) 56, and wherein the feedback device 54 is configured to receive data from the controller 34 to be stored on the memory 56 of the feedback device 54 (see “For example, the motherboard 34 may contain integrated circuits and microprocessors that control the functionality of the platform 16.” in para. [0049]; and see “A data acquisition block 54, implemented by, for example, the motherboard 34 and circuitry shown in FIG. 3, controls acquisition of the temperature and other data for storage in a data storage device 56. Among other things, the data storage device 56 can be a volatile or nonvolatile storage medium, such as a hard drive, high-speed random-access-memory ("RAM"), or solid-state memory.” in para. [0053]).
As to Claim 10, Engler teaches the following:
wherein the feedback device 54 is configured to selectively transmit the data from the controller 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]).
As to Claim 11, Engler teaches the following:
wherein the feedback device 54 includes a speaker configured to selectively provide auditory feedback in response to input from the controller 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]).
As to Claim 12, Engler teaches the following:
wherein the feedback device 54 includes a light source configured to selectively provide visual feedback in response to input from the controller 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]).
As to Claim 13, Engler teaches the following:
wherein the feedback device 54 includes a tactile feedback component configured to selectively provide tactile feedback in response to input from the controller 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]).
As to Claim 22, Engler teaches the following:
wherein the controller 34 is configured to calculate an average temperature measured by the plurality of temperature sensors 26 based on the input (see “Of course, various embodiments may make similar comparisons while analyzing the thermogram for additional patterns. For example, similar to the third comparison, the pattern recognition system 68 may have a running average of the temperature of the geography of the entire foot 10 over time. For any particular spot on the foot 10, this running average may have a range between a high temperature and a low temperature.” in para. [0084]).
As to Claim 23, Engler teaches the following:
wherein the at least one foot includes at least a first foot of the user, wherein the controller is configured to calculate, based on the input, an average temperature measured by the plurality of temperature sensors 26 for the first foot of the user, and wherein the controller 34 is configured to determine a baseline temperature for the first foot and to compare the average temperature to the baseline temperature (see “To that end, the process determines the baseline or normal temperature of the foot 10 for each location within some tolerance range. The amount to which the actual temperature of a portion of the foot 10 deviates from the baseline temperature of that portion of the foot 10 therefore is used to more readily show hotspots.” in para. [0074]; and see “For example, if the patient undesirably does not use the foot monitoring system for a long time, he/she may already have developed an ulcer 12. The patient therefore may step on the platform 16 and the platform 16 may produce output information indicating the emergence of an ulcer 12. To that end, the analyzer 70 may have prior baseline thermogram (i.e., data) relating to this patient's foot 10 (showing no ulcer), and make a comparison against that baseline data to determine the emergence of an actual ulcer 12.” in para. [0097]).
As to Claim 24, Engler teaches the following:
wherein the controller 34 is configured to communicate the warning based on comparison of the average temperature to the baseline temperature (see “As an example of the third comparison, the pattern may show localized hotspots and peaks within an otherwise normal foot 10. These peaks may be an indication of pre-ulcer 14 or ulcer 12 emergence, or increased risk of the same, which, like the other examples, alerts caregiver and patient to the need for more vigilance.” in para. [0083]).
As to Claim 25, Engler teaches the following:
A method, comprising:
sensing, with a plurality of temperature sensors (“an array or matrix of temperature sensors”) 26 positioned on a mat (“open platform”) 16 (see “FIGS. 2A and 2B schematically show one form factor, in which a patient/user steps on an open platform 16 that gathers data about that user's feet 10. In this particular example, the open platform 16 is in the form of a floor mat placed in a location where he the patient regularly stands, such as in front of a bathroom sink, next to a bed, in front of a shower, on a footrest, or integrated into a mattress.” in para. [0036]), temperatures of at least one foot of a user (see “To measure foot temperature, the platform 16 has an array or matrix of temperature sensors 26 fixed in place directly underneath the cover 20.” in para. [0042], and fig. 3A);
receiving, with a controller (“motherboard”) 34 from the plurality of temperature sensors 26, input indicative of the sensed temperatures (see “A data acquisition block 54, implemented by, for example, the motherboard 34 and circuitry shown in FIG. 3, controls acquisition of the temperature and other data for storage in a data storage device 56.” in para. [0053]);
analyzing the input with the controller 34 (see “As noted above and discussed in greater detail below with regard to FIGS. 7 and 8, the analysis engine 46, on the remote server 60, analyzes the data received from the platform 16 in conjunction with a health data analytics module 62. A server output interface 64 forwards the processed output information/data from the analysis engine 46 and health data analytics module 62 toward others across the network 44, such as to a provider, a web display, or to the user via a phone, e-mail alert, text alert, or other similar way.” in para. [0054]), and
communicating, with the controller 34 based on the analyzing, a warning of a health condition of the user (see “Among other things, the output message may indicate the actual emergence of an ulcer 12 or a pre-ulcer 14, the risk of the emergence of an ulcer 12 or a pre-ulcer 14, or simply that the foot 10 is healthy and has no risks of ulcer 12 or pre-ulcer 14.” in para. [0055]).
As to Claim 27, Engler teaches the following:
calculating, with the controller based on the input, an average temperature measured by the plurality of temperature sensors based on the input (see “Of course, various embodiments may make similar comparisons while analyzing the thermogram for additional patterns. For example, similar to the third comparison, the pattern recognition system 68 may have a running average of the temperature of the geography of the entire foot 10 over time. For any particular spot on the foot 10, this running average may have a range between a high temperature and a low temperature.” in para. [0084]).
As to Claim 28, Engler teaches the following:
wherein the at least one foot includes at least a first foot of the user, wherein the method further comprises:
calculating, with the controller based on the input, an average temperature measured by the plurality of temperature sensors for the first foot of the user (see “Of course, various embodiments may make similar comparisons while analyzing the thermogram for additional patterns. For example, similar to the third comparison, the pattern recognition system 68 may have a running average of the temperature of the geography of the entire foot 10 over time. For any particular spot on the foot 10, this running average may have a range between a high temperature and a low temperature.” in para. [0084]);
determining, with the controller, a baseline temperature for the first foot (see “To that end, the process determines the baseline or normal temperature of the foot 10 for each location within some tolerance range. The amount to which the actual temperature of a portion of the foot 10 deviates from the baseline temperature of that portion of the foot 10 therefore is used to more readily show hotspots.” in para. [0074]); and
comparing, with the controller, the average temperature to the baseline temperature (see “For example, if the patient undesirably does not use the foot monitoring system for a long time, he/she may already have developed an ulcer 12. The patient therefore may step on the platform 16 and the platform 16 may produce output information indicating the emergence of an ulcer 12. To that end, the analyzer 70 may have prior baseline thermogram (i.e., data) relating to this patient's foot 10 (showing no ulcer), and make a comparison against that baseline data to determine the emergence of an actual ulcer 12.” in para. [0097]).
As to Claim 29, Engler teaches the following:
wherein the communicating the warning is based on the comparing (see “As an example of the third comparison, the pattern may show localized hotspots and peaks within an otherwise normal foot 10. These peaks may be an indication of pre-ulcer 14 or ulcer 12 emergence, or increased risk of the same, which, like the other examples, alerts caregiver and patient to the need for more vigilance.” in para. [0083]).
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. Claims 21 and 26 are rejected 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”).
As to Claims 21 and 26, Engler teaches the subject matter of claims 6 and 25, respectively, above. Engler does not teach the following:
wherein the mat has at least one foot placement guide for guiding a placement of the at least one foot of the user such that the plurality of temperature sensors make contact with the at least one foot.
However, Lavery teaches the following:
a mat (“platform assembly”) 20 has at least one foot placement guide (“Two pads or foot guides”) 130 for guiding a placement of the at least one foot of the user such that the plurality of temperature sensors (“temperature sensing transducers”) 140 make contact with the at least one foot (see “As shown in FIG. 1 and FIG. 2, the apparatus of the present invention 10, 110 is built around a platform assembly 20 that is placed on a hard surface (not shown). Two pads or foot guides 130 may be used to guide the placement of the patient's feet. These foot guides 30 assure that the patient places his feet reproducibly and accurately on the platform assembly 20. Each foot guide 130 assures proper registration of the patient's foot with respect to a set of commonly available temperature sensing transducers 140. For patients with unusually shaped or deformed feet, custom made foot guides may be used.” in col. 3, ll. 43-53).
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 Engler’s mat (“open platform”) 16 to include at least one foot placement guide (“Two pads or foot guides”) 130, as taught by Lavery, in order to “… assure that the patient places his feet reproducibly and accurately on the platform assembly 20 … [and] assures proper registration of the patient's foot with respect to a set of commonly available temperature sensing transducers 140” (see Lavery, col. 3, ll. 47-51).
Conclusion
10. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M Sims can be reached at 571-272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 12/10/2025