Prosecution Insights
Last updated: October 02, 2026
Application No. 17/907,924

LOW COMPLEXITY LOAD MONITOR

Non-Final OA §103§112
Filed
Aug 29, 2022
Priority
Mar 03, 2020 — GB 2003014.4 +1 more
Examiner
KREMER, MATTHEW
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Smith & Nephew plc
OA Round
3 (Non-Final)
44%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allowance Rate
201 granted / 461 resolved
-26.4% vs TC avg
Strong +52% interview lift
Without
With
+52.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
50 currently pending
Career history
516
Total Applications
across all art units

Statute-Specific Performance

§101
8.0%
-32.0% vs TC avg
§103
32.2%
-7.8% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
43.9%
+3.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 461 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. The Applicant’s submission filed on 4/22/2026 has been entered. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. No claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Objections Claim 23 is objected to because of the following informalities: in claim 23, line 3: “the” should be inserted before “charge”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 13 recites “power” in line 2, but it is not clear if this recitation is the same as, related to, or different from “power” in claim 1, line 15. If they are the same, “power” in claim 13 should be “the power”. If they are different, their relationship should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). Claim Rejections - 35 USC § 103 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. Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2014-46151 (Noriyuki)(previously cited), in view of U.S. Patent Application Publication No. 2018/0092572 (Sanchez), and in view of U. S. Patent Application Publication No. 2019/0117080 (Ma)(previously cited), and further in view of U. S. Patent Application Publication No. 2015/0359457 (Blumenthal)(previously cited). Citations to Noriyuki will refer to the translation that accompanied the Office Action mailed on 6/6/2025. Noriyuki teaches a device for monitoring load bearing of a foot, the device comprising: a housing (the insole 3 of Noriyuki or the combination of the sole 3 and the shoe of Noriyuki; page 2 of Noriyuki) configured to be positioned under the foot of a patient and be attached to the foot; a transmitter (the wireless communication unit 31 of Noriyuki) configured to wirelessly transmit a load bearing indication that a portion of the foot is supporting at least a threshold weight; a pressure sensor (the pressure sensor 32 and the CPU 38 of Noriyuki) configured to: wake up from a sleep mode responsive to the portion of the foot supporting the at least the threshold weight (step S12 of Noriyuki) and cause the transmitter to transmit the load bearing indication (steps S13-S16 of Noriyuki); and a power source (the battery unit 34 of Noriyuki) configured to supply power to the transmitter and the pressure sensor. Noriyuki teaches that the pressure sensor 32 and the CPU 38 are configured to start a counting operation when the walking pressure value acquired by the pressure sensor 32 is zero and to continue the counting operation until the iterations of zero-value exceeds a predetermined number of times. When the iterations of zero-value exceeds a predetermined number of times, the sleep mode is restarted (steps S17-S18 of Noriyuki; page 6 of Noriyuki). Sanchez teaches that, if no motion is detected, a sleep mode can be returned to after a predetermined time interval (paragraph 0060 of Sanchez). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a determined time interval for determining when motion is not being detected rather than a number of computational iterations since it is a simple substitution of one known element for another to obtain predictable results. Ma teaches the use of a proximity sensor to detect the presence of the body part inside the footwear and to determine that the footwear is currently being worn on the user’s foot based on an output of the proximity sensor (paragraph 0024 of Ma). Proximity to the foot triggers a change in the output state of the proximity sensor 118, which triggers the controller to transition from a sleep state to an active state. Once in the active state, the controller regularly samples the proximity sensor 118 to confirm the placement of the footwear on the user’s foot (paragraph 0024 of Ma). If the output of the proximity sensor indicates that the footwear is no longer present on the foot, the controller can return to the inactive state. The footwear can implement this process prior to executing each scan cycle, including subsequent uses (paragraph 0036 of Ma). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the proximity sensor 118 of Ma to detect detachment at each occurrence, and notify via having the controller go into sleep mode since it provides a simple, reliable and cost-efficient way of detecting if the sensor device is detached from a user and providing an alert to the user of the detachment and/or saving power. Thus, the combination includes a transmitter that is configured to, responsive to detachment of the housing from the foot, repeatedly transmit a detachment indication (the use of the detachment application at each use makes it a repeated transmission). Blumenthal teaches that such transmission can be in burst mode so that the wireless network receiver and transmitter can be powered off for a majority of the time to reduce power consumption (paragraph 0111 of Blumenthal). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use burst communication for the wireless communication of the combination since it reduces power consumption and/or it is a simple substitution of one known element for another to obtain predictable results. Thus, the combination teaches that the detachment indication comprises a burst communication since the wireless transmission (including from the proximity sensor) are burst communications. With respect to claim 1, Noriyuki teaches a device for monitoring load bearing of a foot, the device comprising: a housing (the insole 3 of Noriyuki or the combination of the sole 3 and the shoe of Noriyuki; page 2 of Noriyuki) configured to be positioned under the foot of a patient and be attached to the foot; a transmitter (the wireless communication unit 31 of Noriyuki) configured to wirelessly transmit a load bearing indication that a portion of the foot is supporting at least a threshold weight, and responsive to detachment of the housing from the foot, repeatedly transmit a detachment indication (the use of the detachment application of Ma at each use makes it a repeated transmission), the detachment indication comprising a burst communication (the burst communication of Blumenthal); a pressure sensor (the pressure sensor 32 and the CPU 38 of Noriyuki) configured to: wake up from a sleep mode responsive to the portion of the foot supporting the at least the threshold weight (step S12 of Noriyuki), cause the transmitter to transmit the load bearing indication (steps S13-S16 of Noriyuki), and return to the sleep mode within a set period of time of a fixed duration after waking up from the sleep mode (the return of sleep mode using a predetermined time interval of Sanchez); and a power source (the battery unit 34 of Noriyuki) configured to supply power to the transmitter and the pressure sensor. With respect to claim 3, Noriyuki teaches that the housing is configured to enclose the transmitter, the pressure sensor, and the power source (FIG. 2 of Noriyuki shows that the wireless communication unit 31, the pressure sensor 32, the CPU 38, and the battery unit 34 to be enclosed by the insole 3 (and by extension the shoe of Noriyuki)). Claims 1-6, 8, 10, 13, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2003/0163287 (Vock)(previously cited), in view of CN 110025316 (Zhang)(previously cited), and in view of U.S. Patent Application Publication No. 2018/0092572 (Sanchez), and further in view of WO 2019/161857 (Lykkegaard)(previously cited), and further in view of U. S. Patent Application Publication No. 2015/0359457 (Blumenthal)(previously cited). Citations to Zhang will refer to the translation that accompanied the Office Action mailed on 8/22/2025. Vock teaches a device for monitoring load bearing of a foot, the device comprising: a housing (the housing of FIG. 17 of Vock and the adhesive strips 908; paragraphs 0271 and 0351 of Vock) configured to be positioned under a foot of a patient and attach to the foot (FIG. 57 of Vock; paragraph 0351 of Vock); a transmitter (the communications port 16 of Vock; paragraphs 0193, 0195, and 0351 of Vock) configured to wirelessly transmit an indication that a portion of the foot is supporting at least a threshold weight to a remote receiver 24 and/or 912; and a force sensing resistors 902 of Vock (paragraph 0351 of Vock). Note that paragraph 0351 of Vock teaches that the elements of FIG. 57 of Vock is in addition to the device of 10 of FIG. 1 of Vock. Vock also teaches that a strain gauge pressure sensor is a suitable substitute for a force sensing resistor (paragraph 0363 of Vock). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the strain gauge pressure sensor for the force sensing resistor of Vock because it is a simple substitution of one known element for another to obtain predictable results. Vock teaches that the MMD 900 generates wireless data 910 each time the MMD 900 experiences at least one-fourth of the entire weight and that the data 910 is transmitted to the receiver 912 (paragraph 0352 of Vock). Zhang teaches a lower power consumption monitoring system in which: (1) when the system is initialized, the default status is in a non-activated state; (2) if the sensor signal remains in the set threshold range R over a period of time T, the system remains in the non-activated state (the stationary state) such that there is no wireless transmission to the module for collection and analysis; (3) if the sensor signal changes such that its amplitude exceeds the threshold range, the status is activated (the motion state) in which there is wireless transmission of the sensor data to the module for collection and analysis;1 and (4) when the wearer is in the stationary state (i.e., if the sensor signal changes such that its amplitude does not exceed the threshold range), the non-activated state is restored (page 5 of Zhang). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the operation regime of Zhang using the non-activated condition, the action to wake up from the non-activated state, and the action to return to the non-activated state in the system of Vock because it will conserve power. Sanchez teaches that, if no motion is detected, a sleep mode can be returned to after a predetermined time interval (paragraph 0060 of Sanchez). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a determined time interval for determining when motion is not being detected since it prevents false alarms and/or premature termination of the measurements. Lykkegaard teaches a break detector 8 arranged and configured to break if the sensor device is detached from the user (pages 6 and 16-18 of Lykkegaard). An alert is transmitted to one or more remote receivers when the break detector breaks (pages 6 and 16-18 of Lykkegaard). The break detector is formed as an electrical wire having a thickness that allows it to break due to the deformation of the mounting structure, when the sensor device is removed from the skin of a user (pages 6-7 and 16-18 of Lykkegaard). When the wire 3 breaks, the device measures directly that the connection is broken and stores the event of detachment (page 18 of Lykkegaard). Wireless transmission is also disclosed throughout Lykkegaard including pages 3 and 5 of Lykkegaard. Such an arrangement provides a simple, reliable and cost-efficient way of detecting if the sensor device is detached from a user and providing the notification alert of Lykkegaard to the user of the detachment (pages 6 and 16-18 of Lykkegaard). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the break detector 8 to detect detachment, store the event of detachment, and notify via a notification alert to the remote receiver 24 and/or 912 of Vock via wireless transmission in the combination since it provides a simple, reliable and cost-efficient way of detecting if the sensor device is detached from a user and providing the notification alert of Lykkegaard to the user of the detachment. The combination teaches or suggests a communications port 16 configured to wirelessly transmit an indication that a portion of the foot is supporting at least a threshold weight (paragraphs 0193, 0195, and 0351-0352 of Vock) as well as wirelessly transmitting the notification alert of Lykkegaard to the remote device of Vock. Blumenthal teaches that such transmission can be in burst mode so that the wireless network receiver and transmitter can be powered off for a majority of the time to reduce power consumption (paragraph 0111 of Blumenthal). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use burst communication for the wireless communication of the combination since it reduces power consumption and/or it is a simple substitution of one known element for another to obtain predictable results. With respect to claim 1, the combination teaches or suggests a device for monitoring load bearing of a foot, the device comprising: a housing (the housing of FIG. 17 of Vock and the adhesive strips 908 of Vock; paragraphs 0271 and 0351 of Vock) configured to be positioned under the foot of a patient and be attached to the foot (FIG. 57 of Vock; paragraph 0351 of Vock); a transmitter (the communications port 16 of Vock; paragraphs 0193, 0195, and 0351of Vock) configured to wirelessly transmit a load bearing indication (the wireless transmission of the load bearing indication of Vock; paragraphs 0193, 0195, and 0351-0352 of Vock) that a portion of the foot is supporting at least a threshold weight, and responsive to detachment of the housing from the foot, repeatedly transmit a detachment indication (the wireless transmission of the detachment indication of Lykkegaard), the detachment indication comprising a burst communication (the burst communication of Blumenthal); a pressure sensor (the strain gauge pressure sensor and the processor 14 of Vock; paragraphs 0193, 0351-0352 and 0363 of Vock) configured to: wake up from a sleep mode responsive to the portion of the foot supporting the at least the threshold weight (the action to wake up from the non-activated state of Zhang; page 5 of Zhang; the MMD 900 then generates wireless data 910 each time the MMD 900 experiences at least one-fourth of the entire weight; paragraph 0352 of Vock), cause the transmitter to transmit the load bearing indication (the data 910 is transmitted to the receiver 912 in the activated state of Zhang; paragraph 0352 of Vock), and return to the sleep mode within a set period of time of a fixed duration after waking up from the sleep mode (the action to return to the non-activated state of Zhang using the predetermined time interval of Sanchez); and a power source (the battery 18 of Vock) configured to supply power to the transmitter and the pressure sensor. With respect to claim 2, the combination teaches or suggests that the load bearing indication is a burst communication (the burst communication of Blumenthal). With respect to claim 3, the combination teaches or suggests that the housing is configured to enclose the transmitter, the pressure sensor, and the power source (see FIGS. 1, 17, and 57 of Vock). With respect to claim 4, the combination teaches or suggests an adhesive configured to attach the housing to the foot (the adhesive on the adhesive strips 908 of Vock; paragraph 0351 of Vock). With respect to claim 5, the combination teaches or suggests that the pressure sensor is configured to be initiated responsive to a user input, and wherein responsive to the pressure sensor being initiated, the pressure sensor is configured to: wake up from the sleep mode responsive to the portion of the foot supporting at least the threshold weight, cause the transmitter to transmit the load bearing indication, and return to the sleep mode within the set period of time after the waking up from the sleep mode (the user input and two way communication of Vock; paragraph 0354 of Vock; it would have been obvious to include the user input and two way communication of Vock since it permits the user to query weight data at any time; the two-way communication permits queries for weight data that wakes up the strain gauge pressure sensor and the processor 14 of Vock, cause transmission of the weight, and return to sleep after the query). With respect to claim 6, the combination teaches or suggests that the housing is configured to be destroyed by the detachment of the housing from the foot (the break detector 8 of Lykkegaard on the adhesive strip of Vock is considered part of the housing and is broken (destroyed) by detachment of the adhesive strip of Vock from the foot; pages 6 and 16-18 of Lykkegaard). With respect to claim 8, the combination teaches or suggests that the transmitter is configured to, responsive to the detachment of the housing from the foot, repeatedly transmit the detachment indication until an energy level of the power source depletes to a threshold level (pages 6 and 16-18 of Lykkegaard does not teach that the alert is turned off in any manner such that it is implicit that the alert would continue until the power source of the transmission (i.e., battery) is off or depleted since Vock teaches that the battery has a limited time of usability; paragraph 0042 of Vock). With respect to claim 10, the combination teaches or suggests that the load bearing indication comprises a notification to the patient to move the foot (the data 910 is converted and displayed on receiver 912 each time the MMD 900 experiences at least one-fourth of the entire weight which denotes movement of the foot; paragraph 0352 of Vock). With respect to claim 13, the combination teaches or suggest a power source (the battery 18 of Vock) configured to supply power to the transmitter and the pressure sensor in the form of a battery 18 of Vock. Lykkegaard teaches that a piezo mechanical harvesting unit is a suitable substitute for a battery (page 4 of Lykkegaard). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the piezo mechanical harvesting unit of Lykkegaard in place of the battery since it is a simple substitution of one known element for another to obtain predictable results. Thus, the combination teaches or suggests that the power source comprises a piezoelectric element configured to generate power responsive to an application of pressure to the housing (the piezo mechanical harvesting unit of Lykkegaard). With respect to claim 23, the combination teaches or suggest a piezoelectric element configured to change shape (the piezo mechanical harvesting unit of Lykkegaard comprises a plurality of piezoelectric fibers or crystals configured to be mechanically deformed (page 4 of Lykkegaard); at least one piezoelectric crystal or fiber is considered the power source of claim 1 while at least one other piezoelectric crystal or fiber is considered to be the piezoelectric element of claim 23) and generate a charge responsive to the detachment of the housing from the foot, the generation of charge causing to cause the transmitter to transmit the detachment indication (the piezo mechanical harvesting unit of Lykkegaard is capable of this charge generation upon movement of the housing during detachment). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2003/0163287 (Vock)(previously cited), in view of CN 110025316 (Zhang)(previously cited), and in view of U.S. Patent Application Publication No. 2018/0092572 (Sanchez), and further in view of WO 2019/161857 (Lykkegaard)(previously cited), and further in view of U. S. Patent Application Publication No. 2015/0359457 (Blumenthal)(previously cited), and further in view of U.S. Patent Application Publication No. 2019/0104982 (Dunn)(previously cited). Citations to Zhang will refer to the translation that accompanied the Office Action mailed on 8/22/2025. The combination teaches or suggests an adhesive configured to attach the housing to the foot (the adhesive on the adhesive strips 908 of Vock; paragraph 0351 of Vock). Dunn teaches that hydrogel is a suitable type of adhesive (paragraph 0047 of Dunn). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the hydrogel as the adhesive of Vock since (1) an adhesive is required and Dunn teaches such an adhesive and/or (2) it is a simple substitution of one known element for another to obtain predictable results. With respect to claim 9, the combination teaches or suggests that the housing comprises a gel and a plurality of encapsulation layers (the housing of FIG. 17 of Vock and the strip material of the adhesive strips 908 of Vock; paragraphs 0271 and 0351 of Vock; paragraph 0047 of Dunn). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable U.S. Patent Application Publication No. 2003/0163287 (Vock)(previously cited), in view of CN 110025316 (Zhang)(previously cited), and in view of U.S. Patent Application Publication No. 2018/0092572 (Sanchez), and further in view of WO 2019/161857 (Lykkegaard)(previously cited), and further in view of U. S. Patent Application Publication No. 2015/0359457 (Blumenthal)(previously cited), and further in view of U.S. Patent Application Publication No. 2009/0234249 (Randolph)(previously cited). Citations to Zhang will refer to the translation that accompanied the Office Action mailed on 8/22/2025. Randolph teaches the use of a speaker to emit sound so as to audible alert a patient when a signal is received from a pressure switch (paragraph 0035 of Randolph). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the speaker of Randolph to emit sound so as to audible alert a patient when at least one-fourth of the entire weight is sensed by the sensor of Vock since it provide information of the user without the need for the user to look at the display. With respect to claim 11, the combination teaches or suggests a speaker configured to audibly present the load bearing indication (the speaker of Randolph; paragraph 0035 of Randolph). Response to Arguments The Applicant’s arguments filed 4/22/2026 have been fully considered. Claim objections In view of the claim amendments filed on 4/22/2026, the previous claim objections are withdrawn. However, there are new grounds of claim objections. 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph In view of the claim amendments filed on 4/22/2026, the previous claim rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, are withdrawn. However, there are new grounds of claim rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Prior art rejection The Applicant’s arguments with respect to the rejections of claims 1-6, 8-11, 13, and 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. That is, there are new grounds of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW KREMER whose telephone number is (571)270-3394. The examiner can normally be reached Monday - Friday 8 am to 6 pm; every other Friday off. 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, JACQUELINE CHENG can be reached at (571) 272-5596. 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. /MATTHEW KREMER/Primary Examiner, Art Unit 3791 1 This teaching of Zhang corresponds to the following teaching of Vock: the MMD 900 generates wireless data 910 each time the MMD 900 experiences at least one-fourth of the entire weight (paragraph 0352 of Vock).
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Prosecution Timeline

Aug 29, 2022
Application Filed
Aug 22, 2025
Non-Final Rejection mailed — §103, §112
Nov 24, 2025
Response Filed
Jan 28, 2026
Final Rejection mailed — §103, §112
Apr 22, 2026
Response after Non-Final Action
Apr 28, 2026
Request for Continued Examination
Apr 30, 2026
Response after Non-Final Action
Aug 19, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
44%
Grant Probability
96%
With Interview (+52.2%)
4y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 461 resolved cases by this examiner. Grant probability derived from career allowance rate.

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