DETAILED ACTION
Examiner’s Note: It is noted that the new Examiner of Record is Kyle Kretzer.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Applicant's arguments, filed 12/22/2025, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 12/22/2025, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Applicants have amended claims 1, 4, 6, and 7.
Applicants have left claims 2, 3, 5, and 8-19 as originally filed/previously presented.
Claims 1-19 are the current claims hereby under examination.
Claim Rejections - 35 USC § 103 - Newly Applied Necessitated by Applicant’s Amendments
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.
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.
Claims 1, 2, and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji et al. (US 20100106060 A1) (previously cited), hereinafter referred to as Tsuji, in view of Tafazzoli et al. (US 20160089073 A1) (previously cited), hereinafter referred to as Tafazzoli, in view of Sano et al. (WO 2017212719 A1) - for the purposes of English translation, citations are made to the national stage application US 20200222756 A1, hereinafter referred to as Sano.
Regarding claim 1, 4, 6, and 7, Tsuji teaches a detecting apparatus detecting anomalies in motor function using periodic time series data obtained by measuring finger movements using a sensor (See Tsuji [0011], detecting movement of finger tapping) comprising: processor (See abstract a processor unit 121); a display coupled to the processor (See Tsuji [0038], a display unit 124); and a memory coupled to the processor, the memory storing instructions that when executed by the processor (See Tsuji [0043], a memory), configures the processor to: acquire an entire periodic time series data of a predetermined period of time obtained by the measuring of the finger movements by using the sensor (See Tsuji Figure 4A- 4C are time series data measuring finger movements), calculate a first feature amount of the entire periodic time series of the predetermined period of time (See Tsuji Figure 4B), detect an anomaly of the entire periodic time series data of the predetermined period of time based on the calculated first feature amount (See Tsuji Figure 4B and see [0057-0058], the finger-tip displacement is determined overtime), generate an anomaly rate based on a result of the detection of the anomaly (See Tsuji [0057], obtains a time differential of the two fingertips), generate partial time series data by dividing the entire periodic time series data of the predetermined period of time, the partial time series data being a portion of the entire periodic time series data of the predetermined amount of time (See Tsuji Figure 6 the data is separated to determine partial time series from the entire time segment), calculate a second feature amount of the partial time series data (See Tsuji Figure 4A the distance is determined, further see Figure 6 the fingertip distance is determined from the partial time series data), detect an anomaly of the partial time series data, based on the calculated second feature amount while referring to the partial time series data by using the anomaly rate of the entire periodic time series data of the predetermined period of time (See Tsuji [0070, fingertips' distance d(t) can be measured by using the magnetic sensors 101 and 102. As shown in FIG. 6, the finger-tapping force is produced at the moment at which d(t) becomes equal to or lower than 0 (zero) [10.sup.-3 m].]), and
display, on the display, a waveform (See Tsuji [0039][0045]).
Tsuji does not explicitly disclose the processor is configured to determine a level of the anomaly of the partial time series data, and display, on the display, a waveform of the entire periodic time series data, a portion of the waveform corresponding to the partial time series data having the anomaly, the second feature amount and the level of the anomaly above the portion of the waveform. Tafazzoli teaches determining a level of the anomaly of the partial time series data (See Tafazzoli [0013], extracting maximums and minimums over time from the generated projections), and display, on the display, a waveform of the entire periodic time series data (See Tafazzoli [0053], and Figure 13 the entire periodic time is on the x axis), a portion of the waveform corresponding to the partial time series data having the anomaly (See Tafazzoli Figure 13 window 1302, is a partial time series data), the second feature amount and the level of the anomaly above the portion of the waveform. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide Tsuji with a level of the anomaly of the partial time series data and display, on the display, a waveform of the entire periodic time series data, a portion of the waveform corresponding to the partial time series data having the anomaly, the second feature amount and the level of the anomaly above the portion of the waveform as taught by Tafazzoli to modify Tsuji with a level of the anomaly of the partial time series data and display, on the display, a waveform of the entire periodic time series data, a portion of the waveform corresponding to the partial time series data having the anomaly, the second feature amount and the level of the anomaly above the portion of the waveform to determine the extreme points so as to evaluate the task and patient’s status (See Tafazzoli [0053-0054]). Tsuji in view of Tafazzoli does not explicitly disclose the processor is configured to display, on the display, a preconfigured exercise menu corresponding to the second feature amount, the exercise menu comprising instructions for finger movements to improve the anomaly of the partial time series data.
Sano teaches an analogous detection apparatus detecting anomalies in motor function using periodic time series data obtained by measuring finger movements using a sensor (Abstract, Fig. 1, Fig. 7, Fig. 8, para. [0009-0010]). Sano teaches calculating a second feature amount (para. [0052], [0060], [0083-0084]). Sano further teaches the processor is configured to display, on the display, a preconfigured exercise menu corresponding to the second feature amount, the exercise menu comprising instructions for finger movements to improve the anomaly of the partial time series data (Fig. 2, para. [0060-0061], para. [0126-0150], “training menu processor selects training items to make up a training menu on the basis of a feature amount of an analysis result and an evaluation value of an index item of a task … training menu processor selects a training item”, para. [0156], “training menu for the user is displayed …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processor taught by modified Tsuji to additionally be configured to display, on the display, a preconfigured exercise menu corresponding to the second feature amount, the exercise menu comprising instructions for finger movements to improve the anomaly of the partial time series data, as taught by Sano. This is because Sano teaches displaying an exercise menu to the user based on the second feature amount allows for the apparatus to present the user with specific training items to improve their condition (para. [0013-0014]).
Regarding claim 2, modified Tsuji teaches wherein the processor is configured to: generate information indicating whether the partial time series data is anomalous (See Tsuji [0041], estimating unit 1212 uses information from the displacement unit 1211 to calculate force), and determine information indicating an anomaly feature amount that is a feature amount to be cause of the detection of the anomaly feature amount that is a feature amount to be a cause of the detection of the anomaly of the partial time series data (See Figure 7 and 8 also see [0056-00058][0077], capable of determining differences).
Regarding claim 5, modified Tsuji teaches wherein the processor is configured to display simultaneously, on one screen the information based on the result of the detection of the anomaly of the partial time series data and the result of the detection of the anomaly of the entire periodic time series data (See [0039], displays results of the analyzed signal).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tsuji et al. (US 20100106060 A1) (previously cited), hereinafter referred to as Tsuji, in view of Tafazzoli et al. (US 20160089073 A1) (previously cited), hereinafter referred to as Tafazzoli, in view of Sano et al. (WO 2017212719 A1) - for the purposes of English translation, citations are made to the national stage application US 20200222756 A1, hereinafter referred to as Sano as applied to claim 2 above, and further in view of Friedman et al. (US 20130060166 A1) (previously cited), hereinafter referred to as Friedman.
Regarding claim 3, modified Tsuji teaches the processor (See abstract a processor unit 121) and anomaly feature (See Tsuji Figure 4A the first feature amount is the distance)).
However, modified Tsuji does not explicitly disclose the processor is configured to: determine a practice menu for improving the anomaly feature amount, and display the practice menu.
Friedman teaches the determination of a practice menu for improving the anomaly feature amount, and the display of the practice menu (See Friedman Figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide Tsuji with the determination of a practice menu for improving the anomaly feature amount, and the display of the practice menu as taught by Friedman to aid a user in their functional movements (See Friedman [0026]).
Claims 8, 10, 12, 14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji et al. (US 20100106060 A1) (previously cited), hereinafter referred to as Tsuji, in view of Tafazzoli et al. (US 20160089073 A1) (previously cited), hereinafter referred to as Tafazzoli, in view of Sano et al. (WO 2017212719 A1) - for the purposes of English translation, citations are made to the national stage application US 20200222756 A1, hereinafter referred to as Sano as applied to claims 1, 4, 6, and 7 above, and further in view of Kandori et al. (US 20060244744 A1) (previously cited), hereinafter referred to as Kandori.
Regarding claims 8, 10, 12 and 14, modified Tsuji teaches a display (See Tsuji [0039] [0045]), and teaches the first and second feature (See Tsuji Figure 4B and 4A).
However, modified Tsuji does not explicitly disclose the processor is configured to display one of a first sign and a second sign, in conjunction with the second feature amount, the first sign indicating the second feature amount is too large and the second sign indicating the second feature amount is too small. Kandori teaches one of a first sign and a second sign, in conjunction with the second feature amount, the first sign indicating the second feature amount is too large and the second sign indicating the second feature amount is too small (See Kandori Figure 7, positive or negative velocities depicted negative is highlighted). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide modified Tsuji with one of a first sign and a second sign, in conjunction with the second feature amount, the first sign indicating the second feature amount is too large and the second sign indicating the second feature amount is too small as taught by Kandori to further modify the Tsuji apparatus so as to determine the direction of movement in a Parkinson’s patient (See Kandori [0107]).
Regarding claims 16, 17, 18 and 19, modified Tsuji discloses the claims of 1, 4, 6, and 7.
However, modified Tsuji does not explicitly disclose the processor is configured to further display evaluation comments related to the second feature amount.
Kandori teaches the displaying of evaluation comments related to the second feature amount (See Kandori Figure 8, comments on subject, comments on measurement and [0112]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide modified Tsuji with the displaying of evaluation comments related to the second feature amount as taught by Kandori so as to further manage the information collected for the subject and to evaluate the severity of the patient with the brain disorder (See [0108-0112]).
Claims 9, 11, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji et al. (US 20100106060 A1) (previously cited), hereinafter referred to as Tsuji, in view of Tafazzoli et al. (US 20160089073 A1) (previously cited), hereinafter referred to as Tafazzoli, in view of Sano et al. (WO 2017212719 A1) - for the purposes of English translation, citations are made to the national stage application US 20200222756 A1, hereinafter referred to as Sano as applied to claims 1, 4, 6, and 7 above, and further in view of Anantha et al. (US 20190311643 A1) (previously cited), hereinafter referred to as Anantha.
Regarding claim 9, 11, 13, and 15, modified Tsuji does not explicitly disclose the processor is configured to: determine a practice menu based on the second feature amount, and display the practice menu.
Anantha teaches a system may select tasks and task content for a user (See Anantha abstract) and further teaches a processor is configured to: determine a practice menu based on the second feature amount, and display the practice menu (See Anantha Figure 2, based on task data and task criteria determines new task data, also see Figure 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to provide modified Tsuji with a processor configured to determine a practice menu based on the second feature amount, and the display of the practice menu, as taught by Anantha so as to adapt the selection of tasks and task content based on the user’s performance when user is not supervised (See Anantha abstract).
Response to Arguments
Applicant’s arguments, see pages 12-17 of Remarks, filed 12/22/2025, with respect to the rejection(s) of claim(s) 1-19 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sano et al. (WO 2017212719 A1) - for the purposes of English translation, citations are made to the national stage application US 20200222756 A1, hereinafter referred to as Sano.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE W KRETZER whose telephone number is (571)272-1907. The examiner can normally be reached Monday through Friday 8:30 AM to 5:30 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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/K.W.K./Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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