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 .
DETAILED ACTION
Claims Status
Claims 1, 11 and 12 filed 09/30/2025 have been amended. Claims 1-6, and 8-12 are pending and have been rejected.Claim 7 have been canceled.
Response to Arguments
Applicant's arguments filed 09/30/2025 have been fully considered but they are not persuasive. Applicant asserts that LeBlanc does not disclose or suggest identifying the user with only two load measurement devices, a first load measurement device provided between a heel and a Chopart joint of a foot of the user, the second load measurement device provided to between a toe and the metatarsophalangeal joint of the foot of the user. However, the Examiner respectfully disagrees as LeBlanc et al. (U.S. Publication 2012/0086550) in paragraph 0046, 0089-0090, and fig. 3a, shows values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel). Each of the sensors S1-S8 can sense the pressure exerted by the part of the foot above the sensor, wherein each of the insoles comprises 8 sensors S1-S8 throughout the boots representing pressure values across the monitored surface areas beneath the wearer or user's foot. The Specification of instant application in paragraph 0014 indicates that the load measurement devices 6a and 6b are sensors for measuring load received from the sole of the user.
As it is Applicant's right to claim as broadly as possible their invention, it is also the Examiner's right to interpret the claim language as broadly as possible. It is the Examiner's position that the detailed functionality that allows for Applicant's invention to overcome the prior art used in the rejection, fails to differentiate in detail how these features are unique. It is clear that Applicant must be able to submit claim language to distinguish over the prior arts used in the above rejection sections that discloses distinctive features of Applicant's claimed invention. It is suggested that Applicant compare the original specification and claim language with the cited prior art used in the rejection section above or the remark section below to draw an amended claim set to further the prosecution.
Failure for Applicant to narrow the definition/scope of the claims and supply arguments commensurate in scope with the claims implies the Applicant's intent to broaden claimed invention.
Based on the rationale explained above, the Examiner disagrees with the prior arts being silent to the claimed embodiment.
Claim Rejections - 35 USC § 102
(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.
Claim 1-12 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by LeBlanc et al. (U.S. Publication 2012/0086550), “LeBlanc”.
As to claim 1, LeBlanc discloses an information processing device comprising: a memory configured to store instructions (LeBlanc, see [0020], memory); and a processor configured to execute the instructions to (LeBlanc, see [0020], [0048] & fig. 3b, microprocessors (CPUs)): acquire first load information measured by a first load measurement device provided on a sole of a user and second load information measured by a second load measurement device provided between a toe of the sole of the user and the first load measurement device (LeBlanc, see [0089-0090] & fig. 3a, multiple sensors are used in order to determine pressure data of a user); and extract a feature amount configured for identifying the user based on the first load information and the second load information (LeBlanc, see [0089-0090], sensor and pedobarographic data are used in order to authenticate/identify a wearer (i.e., user)), wherein the first load measurement device is provided between a heel and a Chopart joint of a foot of the user (LeBlanc, see [0046], [0089-0090] and fig. 3a, values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel)), and wherein the second load measurement device is provided to between the toe and a metatarsophalangeal joint of the foot of the user (LeBlanc, see [0046], [0089-0090] and fig. 3a, values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel)).
As to claim 2, LeBlanc discloses everything disclosed in claim 1, wherein the first load information includes first time series data in a period corresponding to at least one walking cycle of the user (LeBlanc [0073], data collection begins when movement starts and end when movement stops. See [0089], sensor data values gathered from a walking subject. Periodic type pattern for each sensor become apparent, wherein footsteps are collected over a time period); and wherein the second load information includes second time series data in a period corresponding to the at least one walking cycle (LeBlanc, see [0089], Sensor data values gathered from a walking subject which can be collected over a period of time. See [0103], the gait of an individual walking is analyzed using a periodic function of alternating left and right steps and sizing every step.). As to claim 3, LeBlanc discloses everything disclosed in claim 2, wherein the feature amount is extracted based on a feature within a stance period in the first time series data and the second time series data (LeBlanc, see [0103], the gait or periodicity of walking is determined by an algorithm capable of computing an elastic window size for every step, during the walking of the enrolled/verified person).
As to claim 4, LeBlanc discloses everything disclosed in claim 2, wherein the feature amount is extracted based on third time series data acquired by adding the first time series data and the second time series data (LeBlanc, see [0073-0074], pedobarographic data for the biometric templates can be added to the profile of the registered owner/wearer, wherein data for predetermined number of steps by the wearer, or other measure of sufficient use, such as running, jogging, movement with varying weight loads can be collected to generate an authorized wearer pedobarographic template).
As to claim 5, LeBlanc discloses everything disclosed in claim 4, wherein the feature amount is extracted based on at least one of a peak and a dip included in the third time series data (LeBlanc, see [0083], biometric identification phase is regulated by an error threshold range for left show and right shoe where each threshold has an area of low correlation and high correlation).
As to claim 6, LeBlanc discloses everything disclosed in claim 4, wherein the feature amount is extracted based on two peaks and one dip included in the third time series data (LeBlanc, see [0083], biometric identification phase is regulated by an error threshold range for left show and right shoe where each threshold has an area of low correlation and high correlation).
As to claim 7, LeBlanc discloses everything disclosed in claim 1, wherein the first load measurement device is provided between a heel and a Lisfranc joint of a foot of the user, and wherein the second load measurement device is provided to between a toe and the Lisfranc joint (LeBlanc, see [0046], [0089-0090] and fig. 3a, values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel)).
As to claim 8, LeBlanc discloses everything disclosed in claim 1, wherein the feature amount is extracted based on only the first load information and the second load information (LeBlanc, see [0089-0090], sensor and pedobarographic data are used in order to authenticate/identify a wearer (i.e., user)).
As to claim 9, LeBlanc discloses a personal identification device configured to perform an identification of the user based on a feature amount extracted by the information processing device according to claim 1 (LeBlanc, see [0089-0090], sensors on the walking person are used to authenticate/identify a wearer (i.e., user)).
As to claim 10, LeBlanc discloses everything disclosed in claim 1, a personal identification system comprising: the information processing device according to claim 1 (LeBlanc, see [0022], the storage device is in the footwear, along with the processor and other parts of the system); the first load measurement device (LeBlanc, see [0085-0086], capture data is from each set of the foot sensors S1-S8, wherein sensor pressure values are captured and saved); and the second load measurement device (LeBlanc, see [0085-0086], capture data is from each set of the foot sensors S1-S8, wherein sensor pressure values are captured and saved), wherein the processor is further configured to execute the instructions to identify the user based on the feature amount (LeBlanc, see [0049], each of the CPUs controls the operation of the corresponding set of sensors S1-S8 and processes raw biometric data acquired from the sensors S1-S8, wherein biometric signature is compared to previously stored biometric signature to determine whether or not the wearer is authorized to wear the boots).
As to claim 11, LeBlanc discloses an information processing method comprising: acquiring first load information measured by a first load measurement device provided on a sole of a user and second load information measured by a second load measurement device provided between a toe of the sole of the user and the first load measurement device (LeBlanc, see [0089-0090] & fig. 3a, multiple sensors are used in order to determine pressure data of a user); and extracting a feature amount configured for identifying the user based on the first load information and the second load information (LeBlanc, see [0089-0090], sensor and pedobarographic data are used in order to authenticate/identify a wearer (i.e., user)), wherein the first load measurement device is provided between a heel and a Chopart joint of a foot of the user (LeBlanc, see [0046], [0089-0090] and fig. 3a, values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel)), and wherein the second load measurement device is provided to between the toe and a metatarsophalangeal joint of the foot of the user (LeBlanc, see [0046], [0089-0090] and fig. 3a, values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel)).
As to claim 12, LeBlanc discloses a non-transitory storage medium storing a program that causes a computer to perform: acquiring first load information measured by a first load measurement device provided on a sole of a user and second load information measured by a second load measurement device provided between a toe of the sole of the user than the first load measurement device (LeBlanc, see [0089-0090] & fig. 3a, multiple sensors are used in order to determine pressure data of a user); and extracting a feature amount configured for identifying the user based on the first load information and the second load information (LeBlanc, see [0089-0090], sensor and pedobarographic data are used in order to authenticate/identify a wearer (i.e., user)),
wherein the first load measurement device is provided between a heel and a Chopart joint of a foot of the user (LeBlanc, see [0046], [0089-0090] and fig. 3a, values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel)), and wherein the second load measurement device is provided to between the toe and a metatarsophalangeal joint of the foot of the user (LeBlanc, see [0046], [0089-0090] and fig. 3a, values from sensor data are gathered from a walking person. The pressure data has multiple sensors that captures the measures from the wearer footwear (i.e., toe, midfoot and heel)).
Conclusion
THIS ACTION IS MADE FINAL. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANIA M PENA-SANTANA whose telephone number is (571)270-0627. The examiner can normally be reached Monday - Friday 8am to 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached at 5712723889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TANIA M PENA-SANTANA/Examiner, Art Unit 2443
/NICHOLAS R TAYLOR/Supervisory Patent Examiner, Art Unit 2443