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 .
Response to Amendment
In response to amendments, filed November 12, 2025, claims 1-4, 6, 8-10, and 12-15 have been amended. Claim 5 has been cancelled. No claims have been added. Claims 1-4 and 6-16 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed November 12, 2025, with respect to the drawing objection have been fully considered and are persuasive in view of the replacement sheets. The objection to the drawings has been withdrawn.
Applicant's arguments with respect to the claim objections have been fully considered. While the previous objections have been resolved and withdrawn, a new objection has been made in view of the amendments.
Applicant's arguments with respect to the prior art rejections of claims 1-4, 6-7, and 12-16 have been fully considered but they are not persuasive.
In response to applicant’s argument that Goodall fails to disclose all elements of independent claims 1 and 12, Examiner respectfully disagrees.
Regarding the limitation “collect an operation image of a worker, taken at different angles of a same operation,” Figure 6 of Goodall shows two different motion capture image sensors 550 capturing images of the user 680 from different angles.
Regarding the limitation “corresponding to operation units, wherein the operation units divide each operation posture of a motion performed by a worker,” Goodall describes, in [0112], measuring posture based on the positioning of one or more body parts (operation units) via epidermal electronics devices 100 during a particular type of movement (operation posture of a motion performed by a worker). These operation units are based on the, per [0115], motion capture image sensors 550 calibrating the sensors of one or more epidermal electronic devices 100 for determination of the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680, and updating a human model for a user 680.
Regarding “estimating a body part of the worker according to a capturing angle of the collected operation image,” per [0115], Goodall discloses motion capture image sensors 550 calibrating the sensors of one or more epidermal electronic devices 100. Per [0138 and 0140], the epidermal electronic devices 100 may be attached to a variety of body portions -- a hand, wrist, foot, ankle, arm, elbow, leg, knee, shoulder, hip, portions of the spine and neck, etc. -- to detect the body portions’ movement and position.
Regarding “and then determining a location of a joint of the body part, wherein the joint comprises an axial joint,” based on the epidermal electronic devices 100 being attached to a variety of body portions including to/adjacent to axial joints -- a hand, wrist, foot, ankle, arm, elbow, leg, knee, shoulder, hip, portions of the spine and neck, etc. ([0138]) -- surface parameters (e.g., orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position) may be measured relative to one another, such as a forearm being measured relative to an upper arm to determine joint location ([0110]).
Regarding “determining skeletal information of the worker by considering the location of the joint; calculating an angle of the joint considering a motion direction of the joint and the location of the joint, based on the skeletal information of the worker,” Goodall discloses, in [0110], measuring the relative orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of one body part to another via the epidermal electronics devices 100 (considering motion direction and location of joints). Further, in [0172], Goodall specifies detecting an angle of a joint proximate the body portion and a disposition of the body portion over a period of time. While all of the above may be considered skeletal information considering the location of the joint, [0189] further discloses indicating the body portion experiencing a particular type of movement, such as a predetermined high velocity of movement, a high level of force output, a too-rapid step (e.g., indicating tripping), a movement in a particular direction (e.g., indicating a twisting of a joint), or the like, which can indicate an increased risk of pain.
Applicant’s arguments with respect to the prior art rejections of claim(s) 8-11 have been considered but are moot because the new ground of rejection does not rely on the same reference combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new ground(s) of rejection is made in view of the combination of Goodall (US 20170156662 A1 and Stein (US 20200196940 A1). Any arguments still relevant based on the new grounds of rejection have been addressed above.
Claim Objections
Claim 12 is objected to because of the following informalities: “the angle of the joint” should be “an angle of the joint” for sufficient antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 1-4, 6-7, and 12-16 is/are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Goodall (US 20170156662 A1).
Regarding claim 1, Goodall teaches a skeletal structure correction method ([Abstract] methods are described for monitoring an individual subject and facilitating a motion regimen of the individual subject) comprising:
collecting an operation image of a worker, taken at different angles of a same operation corresponding to operation units, wherein the operation units divide each operation posture of a motion performed by a worker in an operation environment (Fig. 6, motion capture image sensors 550, epidermal electronics device 100, interaction device 780; [0115] “External sensing device 550 may be a camera or motion capture image sensor. External sensing devices 550 may be used to intermittently make measurements to determine posture. For example, images from external cameras may be used to measure the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680.” [0112] “the posture measured includes the positioning of one or more body parts during movement or a particular type of movement. For example, epidermal electronics devices 100 may measure the posture of a user 680 while running to ensure proper form or to be used to improve form”);
estimating a body part of the worker according to a capturing angle of the collected operation image ([0115] “measurements from motion capture image sensors of active or passive interaction devices 780 are used to determine the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680. Measurements from one or more external sensing devices 550 may be used to reset epidermal electronics device 100 based determinations. For example, measurements taken from an external sensing device 550 may be used to calibrate the sensors of one or more epidermal electronic devices 100. In some embodiments, the measurements from external sensing devices 550 may be used to update or individualize a human model for a user 680. The human model may also serve as a calibration point for the sensors of one or more epidermal electronics devices 100. Interaction devices 780 may also be calibrated in the same fashion.” [0161] “Method 1800 shows detecting, via an epidermal electronic system (EES) [calibrated using motion capture image sensors 550], at least one of a position and a movement of a body portion in block 1802.”),
and then determining a location of a joint of the body part, wherein the joint comprises an axial joint ([0138] “the body portion includes one or more of a finger, a hand, a wrist, a toe, a foot, an ankle, an arm, an elbow, a leg, a knee, a shoulder, a hip, a spinal portion (e.g., a region proximate to one or more of a cervical spine, a thoracic spine, a lumbar spine, a sacral spine, and a coccygeal spine), a rib portion (e.g., a region proximate to a rib, such as where the rib attaches the spine), a torso, a neck, and a head region (e.g., face, scalp).”);
determining skeletal information of the worker by considering the location of the joint; calculating an angle of the joint considering a motion direction of the joint and the location of the joint, based on the skeletal information of the worker ([0110] “FIG. 6 further illustrates that two or more epidermal electronics devices 100 may be used to measure attachment surface parameters (e.g., orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position) relative to one another. As is illustrated, the attachment surface parameters of a forearm may be measured relative to the attachment surface parameters of an upper arm. This allows epidermal electronics devices 100 and data acquisition and processing device 510 to determine the orientation or movement of the forearm relative to the upper arm. The relative orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of one body part to another may be measured in this way… For example, as a user's leg moves, the change in orientation and angular velocity may be measured. This measurement may be made absolutely by epidermal electronics device 100. The measurement may also be made relative to the moving torso of user 680.” Fig. 28, [0172] “Block 2900 includes optional block 2902, which shows detecting, via an epidermal electronic system (EES), an angle of a joint proximate the body portion, and optional block 2904, which shows detecting, via an epidermal electronic system (EES), a disposition of the body portion over a period of time.” [0189] “For example, the sense signals from the motion sensor 1010 might indicate that the body portion experienced a particular type of movement, such as a predetermined high velocity of movement, a high level of force output, a too-rapid step (e.g., indicating tripping), a movement in a particular direction (e.g., indicating a twisting of a joint), or the like, which can indicate an increased risk of pain.”);
determining an action level of an operation posture of the worker for each operation unit based on the angle of the joint ([0112] “Multiple epidermal electronics devices 100 may also be used to measure the state of user 680. Epidermal electronics devices may be used to measure the posture of user 680. By measuring orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position at one or more locations, the user's posture may be determined. … the posture measured includes the positioning of one or more body parts during movement or a particular type of movement.” [0147] “In an embodiment, as shown in FIG. 12, the system 1000 includes a comparison module 1300 accessible by the processor 1006 to compare the movement of the body portion, detected by the motion sensor 1010 of the sensor assembly 1004, and the physiological parameter of the body portion, detected by the physiological sensor 1012 of the sensor assembly 1004, to reference data indicative of a strain injury… By implementing the protocols of the comparison module 1300, the processor 1006 may compare the movement, position, and physiological data pertaining to the body portion obtained by the sensor assembly 1004 to reference data indicative of a strain injury and make a determination regarding the risk or likelihood of a strain injury occurring for the body portion.”) and
correcting the skeletal information of the worker, corresponding to the determined action level (Fig. 25; [0147] “In an embodiment, the processor 1006 further determines an action to be executed by the effector 1008 based upon the comparison made between the data received from the sensor assembly 1004 and the reference data. For example, where the processor 1006 determines that the body portion is at a relatively high risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a first action (e.g., electrically affect a nerve conduction), whereas if the processor 1006 determines that the body portion is at a lower risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a second action (e.g., provide a visible, audible, or tactile warning to the subject).” [0148] “the reporter 1500 reports one or more of an actuation of the effector 1008, a detected movement or position of the body portion, and a detected physiological condition. The reporter 1500 can provide warnings or instructions regarding the movement, position, and the physiological condition of the body portion. For example, the reporter 1500 may be configured to report a warning of a risk of a biomechanically detrimental positioning of the body portion. The biomechanically detrimental positioning may influence the risk for a repetitive strain injury (e.g., as determined by the processor 1006 implementing the comparison module 1300). In an embodiment, the reporter 1500 is configured to report an instruction to move the body portion. The reporter 1500 may function in combination with the effector 1008 to provide visual or auditory context to the subject upon action of the effector 1008, such as when a tactile stimulation occurs via a tactile stimulator of the effector 1008.”).
Regarding claim 2, Goodall teaches the skeletal structure correction method of claim 1, wherein the collecting of the operation image of the worker comprises collecting the operation image including the whole body of the worker or collecting a plurality of operation images of the same operation captured in different angles, through an image device (Fig. 6, motion capture image sensors 550; [0115] “measurements from motion capture image sensors of active or passive interaction devices 780 are used to determine the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680. Measurements from one or more external sensing devices 550 may be used to reset epidermal electronics device 100 based determinations. For example, measurements taken from an external sensing device 550 may be used to calibrate the sensors of one or more epidermal electronic devices 100. In some embodiments, the measurements from external sensing devices 550 may be used to update or individualize a human model for a user 680. The human model may also serve as a calibration point for the sensors of one or more epidermal electronics devices 100.” [0182] “The body portion is shown in FIG. 10 as a wrist 1100, however the system 1000 can be positioned on any body portion, including but not limited to, an arm, an elbow, a wrist, a hand, a finger, a leg, a hip, a knee, an ankle, a foot, a toe, a facial region, a head region (e.g., proximate one or more cranial muscles of the face or head), an ear region (e.g., via an ear clip configuration, on the ear lobe, pinna, or concha), a neck region, a torso region, a spinal portion, a sacroiliac joint, one or more myofascial trigger points, or the like, or a skin portion thereof.”).
Regarding claim 3, Goodall teaches the skeletal structure correction method of claim 1, wherein the collecting of the operation image of the worker comprises collecting the operation image divided into at least one operation unit of a waist, upper limbs, and lower limbs, according to an operation motion of the worker (Fig. 6, motion capture image sensors 550; [0115] “measurements from motion capture image sensors of active or passive interaction devices 780 are used to determine the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680. Measurements from one or more external sensing devices 550 may be used to reset epidermal electronics device 100 based determinations. For example, measurements taken from an external sensing device 550 may be used to calibrate the sensors of one or more epidermal electronic devices 100. In some embodiments, the measurements from external sensing devices 550 may be used to update or individualize a human model for a user 680. The human model may also serve as a calibration point for the sensors of one or more epidermal electronics devices 100.” [0182] “The body portion is shown in FIG. 10 as a wrist 1100, however the system 1000 can be positioned on any body portion, including but not limited to, an arm, an elbow, a wrist, a hand, a finger, a leg, a hip, a knee, an ankle, a foot, a toe, a facial region, a head region (e.g., proximate one or more cranial muscles of the face or head), an ear region (e.g., via an ear clip configuration, on the ear lobe, pinna, or concha), a neck region, a torso region, a spinal portion, a sacroiliac joint, one or more myofascial trigger points, or the like, or a skin portion thereof.”).
Regarding claim 4, Goodall teaches skeletal structure correction method of claim 1, wherein the determining of the skeletal information of the worker comprises determining the skeletal information of the worker by using at least one operation image of a waist, upper limbs, and lower limbs according to an operation posture of the worker (Fig. 6, motion capture image sensors 550; [0115] “measurements from motion capture image sensors of active or passive interaction devices 780 are used to determine the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680. Measurements from one or more external sensing devices 550 may be used to reset epidermal electronics device 100 based determinations. For example, measurements taken from an external sensing device 550 may be used to calibrate the sensors of one or more epidermal electronic devices 100. In some embodiments, the measurements from external sensing devices 550 may be used to update or individualize a human model for a user 680. The human model may also serve as a calibration point for the sensors of one or more epidermal electronics devices 100.” [0182] “The body portion is shown in FIG. 10 as a wrist 1100, however the system 1000 can be positioned on any body portion, including but not limited to, an arm, an elbow, a wrist, a hand, a finger, a leg, a hip, a knee, an ankle, a foot, a toe, a facial region, a head region (e.g., proximate one or more cranial muscles of the face or head), an ear region (e.g., via an ear clip configuration, on the ear lobe, pinna, or concha), a neck region, a torso region, a spinal portion, a sacroiliac joint, one or more myofascial trigger points, or the like, or a skin portion thereof.”). ).
Regarding claim 6, Goodall teaches the skeletal structure correction method of claim 1, wherein the determining of the action level comprises determining an action level indicating a risk level of an operation for each operation posture of the worker, by considering a motion direction of the joint according to the location of the joint ([0147] “In an embodiment, as shown in FIG. 12, the system 1000 includes a comparison module 1300 accessible by the processor 1006 to compare the movement of the body portion, detected by the motion sensor 1010 of the sensor assembly 1004, and the physiological parameter of the body portion, detected by the physiological sensor 1012 of the sensor assembly 1004, to reference data indicative of a strain injury… By implementing the protocols of the comparison module 1300, the processor 1006 may compare the movement, position, and physiological data pertaining to the body portion obtained by the sensor assembly 1004 to reference data indicative of a strain injury and make a determination regarding the risk or likelihood of a strain injury occurring for the body portion.” [0140] “Measurement by the motion sensor 1010 of one or more of a repeated motion of a body portion, a number of repetitions of the movement of the body portion, a speed of the movement of the body portion, a duration of the movement of the body portion, a disposition of the body portion relative to a second body portion, and an angle of movement of the body portion provides information that can aid in the determination by the system 1000 of whether the subject has a repetitive stress injury or is at risk for a repetitive stress injury, and can provide data regarding actions to treat or avoid a particular repetitive stress injury with the system 1000.” Method 1800).
Regarding claim 7, Goodall teaches the skeletal structure correction method of claim 1, wherein the correcting of the skeletal information of the worker comprises correcting the skeletal information of the worker to improve the operation posture of the worker corresponding to the action level ([0161] “Method 1800 further includes executing an action to reduce the risk of inducing the repetitive stress injury in block 1808.” [0147] “For example, where the processor 1006 determines that the body portion is at a relatively high risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a first action (e.g., electrically affect a nerve conduction), whereas if the processor 1006 determines that the body portion is at a lower risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a second action (e.g., provide a visible, audible, or tactile warning to the subject).”).
Regarding claim 12, Goodall teaches a skeletal structure correction apparatus comprising a processor ([0136] “the system 1000 includes epidermal electronic systems (EES) to monitor physiological, positional, and movement conditions for monitoring, preventing, and treating a medical condition associated with a repetitive stress injury, arthritis, or other medical condition.” Data acquisition and processing device 510, processor 1006; Fig. 6), wherein the processor is configured to:
collect an operation image of a worker, taken at different angles of a same operation corresponding to operation units, wherein the operation units divide each operation posture of a motion performed by a worker in an operation environment (Fig. 6, motion capture image sensors 550, epidermal electronics device 100, interaction device 780; [0115] “External sensing device 550 may be a camera or motion capture image sensor. External sensing devices 550 may be used to intermittently make measurements to determine posture. For example, images from external cameras may be used to measure the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680.” [0112] “the posture measured includes the positioning of one or more body parts during movement or a particular type of movement. For example, epidermal electronics devices 100 may measure the posture of a user 680 while running to ensure proper form or to be used to improve form”);
estimate a body part of the worker according to a capturing angle of the collected operation image ([0115] “measurements from motion capture image sensors of active or passive interaction devices 780 are used to determine the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680. Measurements from one or more external sensing devices 550 may be used to reset epidermal electronics device 100 based determinations. For example, measurements taken from an external sensing device 550 may be used to calibrate the sensors of one or more epidermal electronic devices 100. In some embodiments, the measurements from external sensing devices 550 may be used to update or individualize a human model for a user 680. The human model may also serve as a calibration point for the sensors of one or more epidermal electronics devices 100. Interaction devices 780 may also be calibrated in the same fashion.” [0161] “Method 1800 shows detecting, via an epidermal electronic system (EES) [calibrated using motion capture image sensors 550], at least one of a position and a movement of a body portion in block 1802.”),
and then determining a location of a joint of the body part, wherein the joint comprises an axial joint ([0138] “the body portion includes one or more of a finger, a hand, a wrist, a toe, a foot, an ankle, an arm, an elbow, a leg, a knee, a shoulder, a hip, a spinal portion (e.g., a region proximate to one or more of a cervical spine, a thoracic spine, a lumbar spine, a sacral spine, and a coccygeal spine), a rib portion (e.g., a region proximate to a rib, such as where the rib attaches the spine), a torso, a neck, and a head region (e.g., face, scalp).”);
determine skeletal information of the worker by considering the location of the joint ([0110] “FIG. 6 further illustrates that two or more epidermal electronics devices 100 may be used to measure attachment surface parameters (e.g., orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position) relative to one another. As is illustrated, the attachment surface parameters of a forearm may be measured relative to the attachment surface parameters of an upper arm. This allows epidermal electronics devices 100 and data acquisition and processing device 510 to determine the orientation or movement of the forearm relative to the upper arm. The relative orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of one body part to another may be measured in this way… For example, as a user's leg moves, the change in orientation and angular velocity may be measured. This measurement may be made absolutely by epidermal electronics device 100. The measurement may also be made relative to the moving torso of user 680.” Fig. 28, [0172] “Block 2900 includes optional block 2902, which shows detecting, via an epidermal electronic system (EES), an angle of a joint proximate the body portion, and optional block 2904, which shows detecting, via an epidermal electronic system (EES), a disposition of the body portion over a period of time.” [0189] “For example, the sense signals from the motion sensor 1010 might indicate that the body portion experienced a particular type of movement, such as a predetermined high velocity of movement, a high level of force output, a too-rapid step (e.g., indicating tripping), a movement in a particular direction (e.g., indicating a twisting of a joint), or the like, which can indicate an increased risk of pain.”);
determine an action level of an operation posture of the worker for each operation unit based on the angle of the joint ([0112] “Multiple epidermal electronics devices 100 may also be used to measure the state of user 680. Epidermal electronics devices may be used to measure the posture of user 680. By measuring orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position at one or more locations, the user's posture may be determined. … the posture measured includes the positioning of one or more body parts during movement or a particular type of movement.” [0172] “Block 2900 includes optional block 2902, which shows detecting, via an epidermal electronic system (EES), an angle of a joint proximate the body portion, and optional block 2904, which shows detecting, via an epidermal electronic system (EES), a disposition of the body portion over a period of time.” [0147] “In an embodiment, as shown in FIG. 12, the system 1000 includes a comparison module 1300 accessible by the processor 1006 to compare the movement of the body portion, detected by the motion sensor 1010 of the sensor assembly 1004, and the physiological parameter of the body portion, detected by the physiological sensor 1012 of the sensor assembly 1004, to reference data indicative of a strain injury… By implementing the protocols of the comparison module 1300, the processor 1006 may compare the movement, position, and physiological data pertaining to the body portion obtained by the sensor assembly 1004 to reference data indicative of a strain injury and make a determination regarding the risk or likelihood of a strain injury occurring for the body portion.”); and
correct the skeletal information of the worker, corresponding to the determined action level ([0147] “In an embodiment, the processor 1006 further determines an action to be executed by the effector 1008 based upon the comparison made between the data received from the sensor assembly 1004 and the reference data. For example, where the processor 1006 determines that the body portion is at a relatively high risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a first action (e.g., electrically affect a nerve conduction), whereas if the processor 1006 determines that the body portion is at a lower risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a second action (e.g., provide a visible, audible, or tactile warning to the subject).”).
Regarding claim 13, Goodall teaches the skeletal structure correction apparatus of claim 12, wherein the processor (Data acquisition and processing device 510, processor 1006) is configured to:
estimate the body part of the worker corresponding to an operation unit ([0118] “one or more epidermal electronics devices 100 may determine their location, orientation, rotation, angular motion, and/or other movement relative to other epidermal electronics devices 100. In some embodiments, the epidermal electronics device may estimate its absolute location, orientation, rotation, angular motion, and/or other movement by combining the relative information with corresponding absolute information for the other epidermal electronics devices.” [0233] “The body portion is shown in FIG. 10 as a wrist 1100, however the system 1000 can be positioned on any body portion, including but not limited to, an arm, an elbow, a wrist, a hand, a finger, a leg, a hip, a knee, an ankle, a foot, a toe, a facial region, a head region (e.g., proximate one or more cranial muscles of the face or head), an ear region (e.g., via an ear clip configuration, on the ear lobe), a neck region, a torso region, a spinal portion, a sacroiliac joint, one or more myofascial trigger points, or the like, or a skin portion thereof”);
determine the location of the joint of the worker by considering a feature of a musculoskeletal system according to the body part of the worker; and determine the skeletal information of the worker corresponding to the location of the joint of the worker ([0114] “In determining the posture and/or gestures of user 680, a human model may be used in conjunction with one or more epidermal electronics devices 100 and data acquisition and processing device 510. A human model may be a computer model of human movement and provide a way of checking measured movements against a model of all possible movements.”; Fig. 7; [0189] “For example, the sense signals from the motion sensor 1010 might indicate that the body portion experienced a particular type of movement, such as a predetermined high velocity of movement, a high level of force output, a too-rapid step (e.g., indicating tripping), a movement in a particular direction (e.g., indicating a twisting of a joint), or the like, which can indicate an increased risk of pain.”).
Regarding claim 14, Goodall teaches the skeletal structure correction apparatus of claim 13, wherein the processor (Data acquisition and processing device 510, processor 1006) is configured to determine the action level indicating a risk level of an operation for each operation posture of the worker, by considering a motion direction of the joint according to the location of the joint ([0112] “Multiple epidermal electronics devices 100 may also be used to measure the state of user 680. Epidermal electronics devices may be used to measure the posture of user 680. By measuring orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position at one or more locations, the user's posture may be determined. … the posture measured includes the positioning of one or more body parts during movement or a particular type of movement.” [0189] “For example, the sense signals from the motion sensor 1010 might indicate that the body portion experienced a particular type of movement, such as a predetermined high velocity of movement, a high level of force output, a too-rapid step (e.g., indicating tripping), a movement in a particular direction (e.g., indicating a twisting of a joint), or the like, which can indicate an increased risk of pain.” [0147] “In an embodiment, as shown in FIG. 12, the system 1000 includes a comparison module 1300 accessible by the processor 1006 to compare the movement of the body portion, detected by the motion sensor 1010 of the sensor assembly 1004, and the physiological parameter of the body portion, detected by the physiological sensor 1012 of the sensor assembly 1004, to reference data indicative of a strain injury… By implementing the protocols of the comparison module 1300, the processor 1006 may compare the movement, position, and physiological data pertaining to the body portion obtained by the sensor assembly 1004 to reference data indicative of a strain injury and make a determination regarding the risk or likelihood of a strain injury occurring for the body portion.”).
Regarding claim 15, Goodall teaches the skeletal structure correction apparatus of claim 12, wherein the processor (Data acquisition and processing device 510, processor 1006) is configured to determine the action level by applying an angle according to the location of the joint of the worker within the operation image ([0115] “measurements from motion capture image sensors of active or passive interaction devices 780 are used to determine the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680.” [0125] “constraints may be supplied by the algorithms, additional sensors such as inclinometers, and/or external sensing devices such as motion capture image sensors.” [0140] “the motion sensor 1010 measures an angle of movement of a body portion. For example, the system 1000 can be positioned on an arm of a subject and the motion sensor 1010 measures an angle of movement of the arm (e.g., relative to the torso, relative to a rest position of the arm, relative to another body portion, and so forth). Measurement by the motion sensor 1010 of one or more of a repeated motion of a body portion, a number of repetitions of the movement of the body portion, a speed of the movement of the body portion, a duration of the movement of the body portion, a disposition of the body portion relative to a second body portion, and an angle of movement of the body portion provides information that can aid in the determination by the system 1000 of whether the subject has a repetitive stress injury or is at risk for a repetitive stress injury, and can provide data regarding actions to treat or avoid a particular repetitive stress injury with the system 1000.” Fig. 17, Method 1800).
Regarding claim 16, Goodall teaches the skeletal structure correction apparatus of claim 12, wherein the processor (Data acquisition and processing device 510, processor 1006) is configured to correct the skeletal information of the worker to improve the operation posture of the worker corresponding to the action level ([0147] “In an embodiment, the processor 1006 further determines an action to be executed by the effector 1008 based upon the comparison made between the data received from the sensor assembly 1004 and the reference data. For example, where the processor 1006 determines that the body portion is at a relatively high risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a first action (e.g., electrically affect a nerve conduction), whereas if the processor 1006 determines that the body portion is at a lower risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a second action (e.g., provide a visible, audible, or tactile warning to the subject).” [0148] “the reporter 1500 may be configured to report a warning of a risk of a biomechanically detrimental positioning of the body portion. The biomechanically detrimental positioning may influence the risk for a repetitive strain injury (e.g., as determined by the processor 1006 implementing the comparison module 1300). In an embodiment, the reporter 1500 is configured to report an instruction to move the body portion. The reporter 1500 may function in combination with the effector 1008 to provide visual or auditory context to the subject upon action of the effector 1008, such as when a tactile stimulation occurs via a tactile stimulator of the effector 1008.”).
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.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goodall (US 20170156662 A1 in view of Stein (US 20200196940 A1).
Regarding claim 8, Goodall teaches a skeletal structure correction method ([Abstract] methods are described for monitoring an individual subject and facilitating a motion regimen of the individual subject) comprising:
displaying operation images including skeletal information about an operation posture of a worker working in a workplace; activating and displaying at least one operation image including the operation posture corresponding to a predetermined threshold among the operation images ([0128] “data acquisition and processing device 510 displays the data. The data displayed may be one of or a combination of the raw sensor data, constraints, models, processed data, estimated orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of the attachment surface, graphical representations of position, orientation, gait, and/or posture, etc. In some embodiments, the data is displayed on another computer or device to which data acquisition and processing device 510 sends the relevant information.” [0124] “Epidermal electronics device 100 may provide an alert when a certain parameter or parameters exceeds a threshold. …. This type of configuration may be used in other settings as well (e.g., physical therapy). In some embodiments, the alert is provided by data acquisition and processing device 510. Data acquisition and processing device 510 may provide the alert using a display. Data acquisition and processing device 510 may provide the alert to another device or computer (e.g., provide an alert to a mobile computing device or phone).” [0148] “the reporter 1500 reports one or more of an actuation of the effector 1008, a detected movement or position of the body portion, and a detected physiological condition. The reporter 1500 can provide warnings or instructions regarding the movement, position, and the physiological condition of the body portion.”);
and displaying a correction result of the skeletal information of the worker within the activated and displayed operation image on a screen, by considering an angle of a joint according to the operation posture ([0148] “For example, the reporter 1500 may be configured to report a warning of a risk of a biomechanically detrimental positioning of the body portion. The biomechanically detrimental positioning may influence the risk for a repetitive strain injury (e.g., as determined by the processor 1006 implementing the comparison module 1300). In an embodiment, the reporter 1500 is configured to report an instruction to move the body portion. … In an embodiment, the reporter 1500 includes a display 1502 configured to report, communicate, or otherwise provide information to the subject utilizing the system 1000.” Fig. 28, [0172] “Block 2900 includes optional block 2902, which shows detecting, via an epidermal electronic system (EES), an angle of a joint proximate the body portion, and optional block 2904, which shows detecting, via an epidermal electronic system (EES), a disposition of the body portion over a period of time.”).
However, Goodall fails to disclose displaying the operation images of a subject taken at different angles of a same operation corresponding to operation units.
Stein teaches a method and system for automatic, distributed, computer-aided, and intelligent data collection/analytics of human posture measurements using body scanners that produce topographical data in a form of 3D body mesh scan.
Stein discloses wherein displaying the operation images (Fig. 21) comprises:
displaying the operation images of the worker, taken at different angles of a same operation corresponding to operation units, wherein the operation units divide each operation posture of a motion performed by a worker in an operation environment ([0053] “the sensors 302 and 304 may be digital cameras and the 3D body scanner 300 may be configured to analyze photographs taken (or images captured) by the sensors 302 and 304 from different positions or angles, and thereafter to extract topographical information using digital object detection and recognition technologies based on multilayer convolutional neural network models.” [0043] “The 3D topography data 204 may be collected for a particular person for one or more of various predetermined sets of body positions including but not limited to standing, bending, and squatting.” [0114] “The user interface in FIG. 21, for example, provides a graphical view of patient posture 2102 with various guiding lines 2104 and reference points 2106.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Goodall to include displaying the operation images of the subject at different angles of a same operation as disclosed in Stein for comprehensive physician review of the subject’s postural data for improved health monitoring (Stein [0114]).
The combination of Goodall/Stein discloses:
wherein displaying the correction result (Goodall: reporter 1500; display 1502) comprises:
estimating a body part of the worker according to a capturing angle of the collected operation image (Goodall: [0115] “measurements from motion capture image sensors of active or passive interaction devices 780 are used to determine the orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of a user 680. Measurements from one or more external sensing devices 550 may be used to reset epidermal electronics device 100 based determinations. For example, measurements taken from an external sensing device 550 may be used to calibrate the sensors of one or more epidermal electronic devices 100. In some embodiments, the measurements from external sensing devices 550 may be used to update or individualize a human model for a user 680. The human model may also serve as a calibration point for the sensors of one or more epidermal electronics devices 100. Interaction devices 780 may also be calibrated in the same fashion.” [0161] “Method 1800 shows detecting, via an epidermal electronic system (EES) [calibrated using motion capture image sensors 550], at least one of a position and a movement of a body portion in block 1802.”, and then determining a location of a joint of the body part, wherein the joint comprises an axial joint (Goodall: [0138] “the body portion includes one or more of a finger, a hand, a wrist, a toe, a foot, an ankle, an arm, an elbow, a leg, a knee, a shoulder, a hip, a spinal portion (e.g., a region proximate to one or more of a cervical spine, a thoracic spine, a lumbar spine, a sacral spine, and a coccygeal spine), a rib portion (e.g., a region proximate to a rib, such as where the rib attaches the spine), a torso, a neck, and a head region (e.g., face, scalp).”);
determining skeletal information of the worker by considering the location of the joint; calculating an angle of the joint considering a motion direction of the joint and the location of the joint, based on the skeletal information of the worker (Goodall: [0110] “FIG. 6 further illustrates that two or more epidermal electronics devices 100 may be used to measure attachment surface parameters (e.g., orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position) relative to one another. As is illustrated, the attachment surface parameters of a forearm may be measured relative to the attachment surface parameters of an upper arm. This allows epidermal electronics devices 100 and data acquisition and processing device 510 to determine the orientation or movement of the forearm relative to the upper arm. The relative orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of one body part to another may be measured in this way… For example, as a user's leg moves, the change in orientation and angular velocity may be measured. This measurement may be made absolutely by epidermal electronics device 100. The measurement may also be made relative to the moving torso of user 680.” Fig. 28, [0172] “Block 2900 includes optional block 2902, which shows detecting, via an epidermal electronic system (EES), an angle of a joint proximate the body portion, and optional block 2904, which shows detecting, via an epidermal electronic system (EES), a disposition of the body portion over a period of time.” [0189] “For example, the sense signals from the motion sensor 1010 might indicate that the body portion experienced a particular type of movement, such as a predetermined high velocity of movement, a high level of force output, a too-rapid step (e.g., indicating tripping), a movement in a particular direction (e.g., indicating a twisting of a joint), or the like, which can indicate an increased risk of pain.”);
determining an action level of an operation posture of the worker for each operation unit based on the angle of the joint (Goodall: [0112] “Multiple epidermal electronics devices 100 may also be used to measure the state of user 680. Epidermal electronics devices may be used to measure the posture of user 680. By measuring orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position at one or more locations, the user's posture may be determined. … the posture measured includes the positioning of one or more body parts during movement or a particular type of movement.” [0147] “In an embodiment, as shown in FIG. 12, the system 1000 includes a comparison module 1300 accessible by the processor 1006 to compare the movement of the body portion, detected by the motion sensor 1010 of the sensor assembly 1004, and the physiological parameter of the body portion, detected by the physiological sensor 1012 of the sensor assembly 1004, to reference data indicative of a strain injury… By implementing the protocols of the comparison module 1300, the processor 1006 may compare the movement, position, and physiological data pertaining to the body portion obtained by the sensor assembly 1004 to reference data indicative of a strain injury and make a determination regarding the risk or likelihood of a strain injury occurring for the body portion.”; and
correcting the skeletal information of the worker, corresponding to the determined action level, and then displaying the correction result on the screen (Goodall: Fig. 25; [0147] “In an embodiment, the processor 1006 further determines an action to be executed by the effector 1008 based upon the comparison made between the data received from the sensor assembly 1004 and the reference data. For example, where the processor 1006 determines that the body portion is at a relatively high risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a first action (e.g., electrically affect a nerve conduction), whereas if the processor 1006 determines that the body portion is at a lower risk for incurring a strain injury, the processor 1006 may control the effector 1008 to take a second action (e.g., provide a visible, audible, or tactile warning to the subject).” [0148] “the reporter 1500 may be configured to report a warning of a risk of a biomechanically detrimental positioning of the body portion. The biomechanically detrimental positioning may influence the risk for a repetitive strain injury (e.g., as determined by the processor 1006 implementing the comparison module 1300). In an embodiment, the reporter 1500 is configured to report an instruction to move the body portion. The reporter 1500 may function in combination with the effector 1008 to provide visual or auditory context to the subject upon action of the effector 1008, such as when a tactile stimulation occurs via a tactile stimulator of the effector 1008. In an embodiment, the reporter 1500 includes a display 1502 configured to report, communicate, or otherwise provide information to the subject utilizing the system 1000. The display 1502 may include, but is not limited to, a graphical user interface (GUI), a touchscreen assembly (e.g., a capacitive touch screen), a liquid crystal display (LCD), a light-emitting diode (LED) display, and a projection-based display.”).
Regarding claim 9, the combination of Goodall/Stein discloses the skeletal structure correction method of claim 8, wherein the displaying of the operation images comprises displaying, on the screen, an operation image divided into at least one operation unit of a waist, upper limbs, and lower limbs, according to the motion of the worker (Stein: Fig. 21; [0114] “The user interface in FIG. 21, for example, provides a graphical view of patient posture 2102 with various guiding lines 2104 and reference points 2106;” [0043] “The 3D topography data 204 may be collected for a particular person for one or more of various predetermined sets of body positions including but not limited to standing, bending, and squatting.” Goodall: [0128] “data acquisition and processing device 510 displays the data. The data displayed may be one of or a combination of the raw sensor data, constraints, models, processed data, estimated orientation, acceleration, movement, angular motion, rotation, angular velocity, angular acceleration, and/or position of the attachment surface, graphical representations of position, orientation, gait, and/or posture, etc. In some embodiments, the data is displayed on another computer or device to which data acquisition and processing device 510 sends the relevant information.”).
Regarding claim 10, the combination of Goodall/Stein discloses the skeletal structure correction method of claim 8, wherein the activating and displaying of the at least one operation image (Stein: Fig. 21; Goodall: reporter 1500, display 1502) comprises:
determining whether each angle of the joint according to the operation posture of the worker exceeds a predetermined threshold in the operation images (Goodall: [0124] “Epidermal electronics device 100 may provide an alert when a certain parameter or parameters exceeds a threshold.”[0140] “the system 1000 can be positioned on an arm of a subject and the motion sensor 1010 measures an angle of movement of the arm (e.g., relative to the torso, relative to a rest position of the arm, relative to another body portion, and so forth). Measurement by the motion sensor 1010 of one or more of a repeated motion of a body portion, a number of repetitions of the movement of the body portion, a speed of the movement of the body portion, a duration of the movement of the body portion, a disposition of the body portion relative to a second body portion, and an angle of movement of the body portion provides information that can aid in the determination by the system 1000 of whether the subject has a repetitive stress injury or is at risk for a repetitive stress injury, and can provide data regarding actions to treat or avoid a particular repetitive stress injury with the system 1000.” [0189] “the processor 1006 can instruct the effector 1008 (e.g., via one or more electric control signals) to activate to affect the body portion when the sense signals from the motion sensor 1010 indicate that the body portion met or exceeded a predetermined amount of movement, such as by exceeding a threshold distance of travel of the body portion, a threshold period of time of movement of the body portion, a threshold orientation of the body portion, or the like”); and
activating and displaying at least one operation image exceeding the predetermined threshold (Stein: [0078] “Any other predetermined derivatives of the deviations described above (distances, ratios, or angles) rather than the deviations themselves may alternatively be used to represent the shits, tilts, and rotations. The derivatives, in turn, may be used as the various postural deviation components 1104 in the health indicator vector 504 of FIG. 11;” Fig. 8; Fig. 21; Goodall: [0148] “the reporter 1500 reports one or more of an actuation of the effector 1008, a detected movement or position of the body portion, and a detected physiological condition. The reporter 1500 can provide warnings or instructions regarding the movement, position, and the physiological condition of the body portion.” [0229] “Such monitoring can provide a basis for effecting a predetermined motion of a motion regimen, providing instructions to the individual subject or external device regarding compliance or non-compliance with the motion regimen (e.g., with target thresholds thereof), providing recommendations to the individual subject or external device regarding the motion regimen or the individual's performance thereof (e.g., the individual subject is exceeding a recommended threshold of muscle activity and should reduce effort of the motions, the individual subject has incorrectly performed one or more motions of the motion regimen and should review a particular section of the motion regimen, etc.), or the like”).
Regarding claim 11, the combination of Goodall/Stein discloses the skeletal structure correction method of claim 8, wherein the displaying of the correction result of the skeletal information on the screen (Goodall: reporter 1500, display 1502) comprises: correcting the skeletal information of the worker to improve the operation posture of the worker by considering a feature of a musculoskeletal system, according to a body part of the worker; and displaying the corrected skeletal information of the worker on the screen (Goodall: [0140] “an angle of movement of the body portion provides information that can aid in the determination by the system 1000 of whether the subject has a repetitive stress injury or is at risk for a repetitive stress injury, and can provide data regarding actions to treat or avoid a particular repetitive stress injury with the system 1000.” [0148] “For example, the reporter 1500 may be configured to report a warning of a risk of a biomechanically detrimental positioning of the body portion. The biomechanically detrimental positioning may influence the risk for a repetitive strain injury (e.g., as determined by the processor 1006 implementing the comparison module 1300). In an embodiment, the reporter 1500 is configured to report an instruction to move the body portion. … In an embodiment, the reporter 1500 includes a display 1502 configured to report, communicate, or otherwise provide information to the subject utilizing the system 1000.” [0229] “Such monitoring can provide a basis for effecting a predetermined motion of a motion regimen, providing instructions to the individual subject or external device regarding compliance or non-compliance with the motion regimen (e.g., with target thresholds thereof), providing recommendations to the individual subject or external device regarding the motion regimen or the individual's performance thereof (e.g., the individual subject is exceeding a recommended threshold of muscle activity and should reduce effort of the motions, the individual subject has incorrectly performed one or more motions of the motion regimen and should review a particular section of the motion regimen, etc.), or the like”).
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 MOLLY HALPRIN whose telephone number is (703)756-1520. The examiner can normally be reached 12PM-8PM ET.
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/M.H./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791