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 .
Election/Restrictions
Applicant’s election without traverse of Group II, Claims 13-20 in the reply filed on 11/18/2024 is acknowledged.
Claims 1-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/18/2024.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 13-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
The claims recite a process, e.g. a method for monitoring.
Step 2A, Prong 1
Claim 13 recites the steps of comparing logged data to at least one of data manually recoded or first prescriptive use regimen data. Given the Broadest Reasonable Interpretation of the claim limitation, this step can be practically performed in the human mind. For instance, a human can review data and compare the data to other data and make mental notes of the results or jot said results down with pen and paper. Therefore, Claim 1 recites a judicial exception in the form of a mental process.
Step 2A, Prong 2
Claim 13 does not include any additional elements that amount to a practical application of the abstract idea. Namely, Claim 1 recites the additional elements of providing a device with one or more sensors; logging data from the sensors; and archiving the logged data. Providing a rehabilitation device merely generically links the use of the abstract idea to a particular technological environment or field of use. The sensors are generically claimed and amount to the insignificant, extra-solution activity of gathering data for the abstract idea. Archiving the data could be considered part of the mental process but can also implicitly included generic computer structure, i.e. memory, such as the non-volatile memory, wherein implementing the abstract idea with generic computer structure does not amount to a practical application of the abstract idea. Generically linking the abstract idea to another technology or field of use and insignificant, extra-solution activity do not amount to a practical application.
Step 2B
Claim 13 does not include any additional elements that amount to significantly more than the abstract idea itself. Claim 1 recites the additional elements of providing a device with one or more sensors; logging data from the sensors; and archiving the logged data. Providing a rehabilitation device merely generically links the use of the abstract idea to a particular technological environment or field of use. The sensors are generically claimed and amount to the insignificant, extra-solution activity of gathering data for the abstract idea. Archiving the data could be considered part of the mental process but can also implicitly included generic computer structure, i.e. memory, such as the non-volatile memory, wherein implementing the abstract idea with generic computer structure does not amount to significantly more than the abstract idea. Generically linking the abstract idea to another technology or field of use and insignificant, extra-solution activity do not amount to (alone or in combination) significantly more than the abstract idea. Claim 13 is not patent eligible.
Claims 14 and 20 only further generically link the abstract idea to the technical field of slings and braces.
Claims 15 and 16 only further introduce genetic computer structure, namely a communication system and external storage medium.
Claims 17 and 19 amount to insignificant, extra solution activity since the changes are so generally claimed as to not amount to a particular prophylaxis.
Claim 18 only provides generic options for data gathering.
Therefore, Claims 14-20 are also patent eligible for the same reasons set forth with respect to Claim 13.
Claim Rejections - 35 USC § 102
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 13-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Coleman et al. (2019/0298998).
Regarding Claim 13, Coleman discloses a method for compliance monitoring comprising providing a rehabilitation device with one or more sensors (par. [0160]; Fig. 2T); logging data from the one or more sensors (par. [0160], “In some embodiments, measurements from the sensors can be used to provide patient compliance data where usage of the brace system is monitored and logged”) into non-volatile memory (par. [0183]); comparing the logged data from the sensors to one of manually recorded data or first prescriptive use regimen data (the data can be compared to a regimen provided by a physician to monitor whether the patient is actually doing the therapy and to determine if the therapy is effective (see par. [0163]), “ In some embodiments, the physicians may utilize the data from the brace in the physician's analysis or recommendations to the patient. Further, physicians may utilize the data from the brace system of one patient in recommendations to other patients with similar conditions or injuries. For example, if the physician tells a patient recovering from an ACL reconstructive surgery to execute program 1 for the first week, and to execute program 2 for the second week, and if the physician sees significant improvements in the patient's strength in the patient's knee due to these programs, the physician will likely tell another patient recovering from a similar surgery to execute the same programs during the same time periods.” ); and archiving the logged data (send to a remote database of a telemedicine system (par. [0183]). Coleman further discloses comparing the logged data to a regimen and alerting a physician when compliance goals have or have not been met (see par. [0248], “For example, FIG. 78 illustrates a portion of a provider portal dashboard 7800 including categorization of patients based on physician customizable criteria so that physician can receive alerts based on his/her preferences. For example, a compliance summary for a patient can include an example embodiment such as an “ok” compliance alert that is colored green. In a further embodiments, a “warning” alert can be colored yellow. In another embodiment, a “critical” alert can be colored red, and an “excluded” alert can be colored black or grey.”)
In regards to Claim 14, Coleman discloses the device can be a sling (par. [0011, 0150]).
Regarding Claims 15 and 16, Coleman discloses the system has wireless communication capability for transmitting locally stored information to a remote database in a telemedicine system (par. [0183]).
In regards to Claim 17, Coleman discloses utilizing the logged data to guide physical adjustments to the brace at any time (par. [0168]).
In regards to Claim 18, Coleman discloses the sensors could be a heart rate sensor, blood-oxygen sensor, a capacitive sensor, etc. (par. [0012]).
Regarding Claim 19, Coleman discloses adjusting the prescriptive regimen based on the logged data to improve rehabilitation (par. [0184]), wherein an adjusted regimen can be considered a second prescriptive use regimen.
In regards to Claim 20, Coleman discloses the device can be a brace (par. [0011]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Segal et al. (2020/0330719), discloses monitoring nebulizer compliance by comparing sensor data to a prescriptive use and logging the results for reporting (par. [0095]).
Sundaram et al. (2020/0237291), see par. [0011];
Gamarnik et al. (2018/0330810), see par. [0053];
Sharman et al. (2017/0367644), see par. [0059];
Shockley, Jr. et al. (2017/0156976), see par. [0134]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN PORTER whose telephone number is (571)270-5419. The examiner can normally be reached Mon - Fri 9:00-6:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached on 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALLEN PORTER/Primary Examiner, Art Unit 3796