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 .
Status of claim(s)
Claims 1-20 have been examined. Claims 1, 16 and 20 have been amended.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1- 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over AY et al. (US20200129237A1 hereinafter AY) in view of Radow et al. (US20090011907A1 hereinafter Radow)
With respect to Claim 1, AY teaches a method comprising:
receiving treatment data associated with a user capable of using a treatment device to perform a treatment plan, wherein the treatment data comprises at least one aspect of the treatment plan and at least one of (i) characteristics of the user,(ii) treatment measurement information associated with the user while the user uses the treatment device, and (iii) one or more characteristics of the treatment device, (‘237; Para 0009: AY describes determining a treatment parameter of the patient body condition. The treatment parameter can be a desired change in at least one of the fit parameters from a parameter first value to a parameter second value. The computer can design, based on the fit parameters and the treatment parameter, the body engagement device. The body engagement device, when worn or attached to the subject, can engage with the subject to change the parameter first value to the parameter second value.; Para 0083: The devices can be medical devices, therapeutic devices, treatment devices, monitoring devices, preventative devices, or any combination thereof, and/or devices that enhance these devices; Para 0138: the condition in operation 202, can determine fit parameters of a treatment device (e.g., structure 150) using measured and/or determined external and/or internal parameters of the subject, can model the device using the external and/or internal parameters of the subject, and can construct the device (e.g., in operation 206).; Paras 0181-0184: AY also describes based on multiple monitored parameters on the body of the patient, multiple treatment devices can be applied to the user over time to stabilize the target body structure, change the target body structure (e.g., reposition the target body structure), move the target body structure, or any combination thereof. The devices can affect one or multiple body structures of the user, one or multiple body functions of the user, or both. For example, the devices can stabilize a body structure, change a body structure (e.g., reposition a body structure), move a body structure, stabilize a body function, change a body function, as described in Para 0081)
However AY does not, but Radow teaches
Wherein the treatment device includse at least one pedal attached to a pedal arm configured to cause an electromagnetic spin-wheel to rotate (‘907; Para 0006: Radow discloses the stationary bike includes a seat mounted to the support structure and a crank rotatably mounted to the support structure for rotation about an axis. The crank includes a pair of pedals that are movable along a generally circular path about the axis. The circular path defines a forward portion in front of the axis, and a rear portion in back of the axis. The stationary bike includes a control system having a force-generating device such as an alternator, mechanical device, or the like that is connected to the crank to vary a resistance force experienced by a user pedaling the stationary bike; Para 0182: the emitter/detector 430 may comprise an electromagnetic emitter that generates electromagnetic waves that are selectively reflected from lines 422. The change in the reflected electromagnetic waves can then be used to calculate the force applied to pedals).
It would have been obvious to one of ordinary skill in the art before the effective filing dat of claimed invention to modify the a treatment device of AY with the technique of stationary exercise equipment as taught by Radow in order to exercise equipment with the electromagnetic spin-wheel for controlling rotation of the pedal.
AY in view of Radow discloses
receiving alignment data associated with the user while the user engages in at least one activity (‘237; Para 0218: AY also discloses After diagnosing the body condition 504 in operation 202, operation 204 can involve designing a device 150 to engage with (e.g., treat) the body condition 504. The device 150 can be designed using the physical parameters 502 determined from the acquired data (e.g., x-rays 702, 704, 706, and 708), and based on the fit requirements 506 for the device 150 to treat the body condition 504. As another example, the device 150 can be designed based on the physical parameters 502, based on the device fit requirements, and based on the parameters of the body condition 504 and/or parameters of the device 150 to be monitored.)
receiving at least one alignment characteristic associated with the user (‘237; Para 0218);
determining, using at least the at least one alignment characteristic, whether the at least one alignment characteristic correlates with at least one secondary condition of the user, wherein the at least one secondary condition of the user is not a primary condition for which the user is being treated (‘414; Para 0046: the methods and systems of the present invention may be applied in situations where one or more diseases are the subject of medical attention. For example, the methods of the present invention may be used by a patient suffering from epilepsy to monitor the state of this disease and any comorbidities associated with it. For another example, the methods of the present invention may be used by a patient suffering from both epilepsy and diabetes mellitus to monitor the state of each disease and any comorbidities associated with either disease. As will be apparent to the person of ordinary skill in the art having the benefit of the present disclosure, the states of any one or more known diseases, including but not limited to the exemplary ones referred to above, and their associated comorbidities may be monitored);
in response to a determination that the at least one alignment characteristic is correlated with the at least one secondary condition of the user, generating secondary condition information indicating at least the secondary condition (‘237; Para 0261: , operation 202 can be a blind screening of the subject 103T or can be a targeted screening of the subject 103T, or any both, where a blind screening checks the subject 103T, via operation 202, for one or multiple body conditions 504 without any previous information as to whether the subject 103T has or does not have the body conditions 504 being screened for, and where a targeted screening checks the subject 103T, via operation 202, for one or multiple body conditions 504 based on information or data received that the subject 103T may have or should be checked for the body conditions 504 being screened for in operation 202 (e.g., such data can include advice from a medical professional or can be, for example, a secondary condition that is indicated from a primary condition detected by operation )); and
modifying at least one aspect of the treatment plan in response to receiving, from a healthcare professional, treatment plan input, wherein the treatment plan input includes at least one modification to the at least one aspect of the treatment plan and wherein, further, the treatment plan input is generated based on the secondary condition information (‘237; Para 0178: the device 150 can have one or multiple adaptable mechanics that can advantageously allow the device 150 to be adjusted, modified, or both, for example, based on tracking data….t he processor can send signals to the one or multiple adaptable mechanics of the device, for example, to change the device from a device first configuration to a device subsequent configuration (e.g., a device second configuration), vice versa, or both. The instructions can be manually entered via a control interface (e.g., by the user, by the user's parents by a medical professional) and then sent to the device 150, can be automatically determined by the method 200 (e.g., in operation 214), or both)
Claims 16 and 20 are rejected as the same reason with claim 1.
With respect to Claim 2, the combined art teaches the method of claim 1, wherein the at least one activity includes at least one of using the treatment device and an activity other than using the treatment device (‘237; Para 0164: The day device variations can be custom designed to depend on, for example, the subject's activities, the subject's activity level, or both. The night device variations can be custom designed to depend on for example, the subject's preferred sleeping position (e.g., on their back, stomach, left side, right side). The day-night device can incorporate design features of the day device, the night device, or both.).
Claim 17 is rejected as the same reason with claim 2.
With respect to Claim 3, the combined art teaches the method of claim 1, wherein the healthcare professional uses at least one artificial intelligence engine configured to use at least one machine learning model that generates, based on the at least one alignment characteristic, the treatment plan input (‘237; Para 0210: The method 200 can involve algorithm learning. The learning methods can include machine learning, online machine learning, online learning, or any combination thereof).
Claim 18 is rejected as the same reason with claim 3.
With respect to Claim 4, the combined art teaches the method of claim 3, wherein the artificial intelligence engine is associated with at least one of the treatment device, a remotely located server computing device, and a computing device of a healthcare professional (‘237; Para 0100).
Claim 19 is rejected as the same reason with claim 4.
With respect to Claim 5 the combined art teaches the method of claim 1, further comprising communicating with an interface, at a computing device of the healthcare professional, wherein the interface is configured to receive at least the secondary information (‘237; Para 0178: the instructions can be manually entered via a control interface (e.g., by the user, by the user's parents by a medical professional) and then sent to the device 150).
With respect to Claim 6, the combined art teaches the method of claim 5, wherein the healthcare professional includes a human healthcare professional at least partially responsible for treatment of the user (‘237; Para 0178).
With respect to Claim 7, the combined art teaches the method of claim 1, further comprising controlling, while the user uses the treatment device, and based on the modified the at least one of the at least one aspect and any other aspect of the treatment plan, the treatment device (‘237; Para 0172: The relative positions of the device elements can adapted (e.g., adjusted, modified) to change the size, shape, and/or dimensions of the device 150. A modification can include, for example, the addition or removal of material (e.g., device elements), and an adjustment of the device can include, for example, movement of one or more device elements relative to one another. Adjusting and/or modifying the device 150 can physically change the size, shape, and/or dimensions of the device.).
With respect to Claim 8, the combined art teaches the method of claim 7, wherein the user uses the treatment device during a telemedicine session (‘907; Para 0139).
With respect to Claim 9, the combined art teaches the method of claim 1, wherein the treatment measurement information includes, while the user uses the treatment device, at least one of a vital sign of the user, a respiration rate of the user, a heartrate of the user, a temperature of the user, an SpO2 measurement of the blood oxygen level of the user, and a blood pressure of the user (237; Para 0103: The sensors 152 can include, for example, one or more accelerometers, breathing monitors, heart rate monitors, blood pressure sensors, moisture sensors, temperature sensors, pressure sensors, displacement sensors, force sensors, environmental sensors, gyroscope sensors, shock sensors, torque sensors, strain gauge sensors, or any combination thereof).
With respect to Claim 10, the combined art teaches the method of claim 1, wherein the alignment data includes at least one of relative position data associated with at least one body part associated with the user, relative angle data associated with at least one body part associated with the user, lateral motion data associated with at least one body part associated with the user, pressure data associated with at least one body part associated with the user; and rotational motion data associated with at least one body part associated with the user (‘237; Para 0117).
With respect to Claim 11, the combined art teaches the method of claim 1, wherein at least some of the treatment data corresponds to at least some of the sensor data from a sensor associated with the treatment device (‘237; Paras 0076-0077).
With respect to Claim 12, the combined art teaches the method of claim 1, wherein, while the user uses the treatment device, at least some of the treatment data corresponds to at least some of the sensor data from a sensor associated with a wearable device worn by the user (‘237; Paras 0076-0077).
With respect to Claim 13, the combined art teaches the method of claim 1, wherein, while the user engages in the at least one activity, at least some of the alignment data corresponds to at least some sensor data from a one sensor associated with at least one wearable device worn by the user (‘237; Paras 0076-0077).
With respect to Claim 14, the combined art teaches the method of claim 13, wherein the at least one wearable device includes at least one of a goniometer and a pedometer (‘237; Para 0218).
With respect to Claim 15, the combined art teaches the method of claim 1, wherein, while the user engages in the at least one activity, at least some of the alignment data corresponds to at least some sensor data from at least one sensor associated with an image capturing device (‘237; Para 0088: e data acquisition devices 102 can be, for example, sensors, imaging devices, computing devices, digital hand drawings, or any other image capturing device. The imaging devices can be, for example, scanners, 3D scanners, cameras, x-ray devices, MRI systems, ultrasound systems, ultrasonographic systems, CT systems, nuclear medicine imaging, including PET scans, mammography, DEXA scans, colonoscope, and endoscope, or any combination thereof.).
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1, 16, 20 have been
considered but are moot because the argument does not apply on reference of Radow being used in the current rejections.
Conclusion
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686