Prosecution Insights
Last updated: May 29, 2026
Application No. 18/121,039

METHOD AND APPARATUS FOR INDICATING THE EMERGENCE OF AN ULCER

Non-Final OA §103
Filed
Mar 14, 2023
Priority
Apr 02, 2012 — provisional 61/618,889 +3 more
Examiner
TOWA, RENE T
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Podimetrics Inc.
OA Round
7 (Non-Final)
49%
Grant Probability
Moderate
7-8
OA Rounds
1y 0m
Est. Remaining
66%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
372 granted / 763 resolved
-21.2% vs TC avg
Strong +17% interview lift
Without
With
+17.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
12 currently pending
Career history
812
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
86.8%
+46.8% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 763 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 5, 2026 has been entered. This Office action is responsive to an amendment filed May 5, 2026. Claims 4-34 are pending. Claims 1-3 have been canceled. No claim has been amended. New claims 30-34 have been added. Specification The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claim(s) 4, 18 & 30 require(s) the limitations “evaluating…the level of physical activity” and “ascertaining a level of physical activity of the patient,” respectively that are not described in the specification and thus lack proper antecedent basis. For example, the body of the specification never discusses a level of physical activity. For examination purposes, the limitations have been construed to mean that physical activity, whether high, medium, low, nonexistent or inconsequential, is taken into consideration. Moreover, claim(s) 4, 18 & 30 require(s) the limitations “said conforming causing the plurality of temperature sensors to make contact with the at least a portion of the bottom of the at least one foot,” “the closed platform configured to conform the flexible material substantially to at least a portion of the bottom surface of the at least one foot to contact the plurality of temperature sensors with the at least a portion of the bottom of the at least one foot,” and “said conforming causing the plurality of temperature sensors to make contact with the at least a portion of the bottom of the at least one foot,” respectively, that are not described in the specification and thus lack proper antecedent basis. For example, the body of the specification never describes a “conforming” that causes “the plurality of temperature sensors to make physical contact with the bottom of the foot. Instead, as shown in figs. 3A-B and as explained at par 0049 thereof, “the platform 16 has a flexible and movable layer of foam 32 or other material that conforms to the user's foot 10. For example, this layer should conform to the arch of the foot 10. Of course, the sensors 26, printed circuit board 28, and cover 20 also should be similarly flexible and yet robust to conform to the foot 10 in a corresponding manner.” In other words, the body of the specification merely describes “conforming” in the context of conforming to the shape of the sole of the foot without the temperature sensors themselves contacting the foot. For examination purposes, the limitations have been construed to mean that the conforming flexible material allows the temperature sensors to conform to the shape of the sole of the foot to facilitate contact of the platform comprising the temperature sensors with the sole of the foot. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 4-25 & 27-34 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Rangel et al. (US 2010/0324455) (“Rangel” hereinafter) in view of Russell et al. (WO 2009/005373). In regards to claim 4, Rangel discloses a method of predicting emergence of an ulcer on at least one foot of a patient who engages in physical activity, wherein the at least one foot has a bottom surface, the method comprising: positioning the at least one foot within a closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151), the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) having a plurality of temperature sensors, the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) comprising a flexible material 106 configured to conform substantially to at least a portion of the bottom surface of the at least one foot (see at least par 0040-0041 & 0151-0152), said conforming causing the plurality of temperature sensors to make contact with the at least a portion of the bottom of the at least one foot1 (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134); generating, using the plurality of temperature sensors, a plurality of discrete temperature data values of the at least one foot after said positioning the at least one foot within the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151), which temperature data values are information to be used for determining the health of the foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134); and determining whether the plurality of discrete temperature data values presents at least one of a plurality of prescribed patterns indicative of an ulcer or pre-ulcer on the at least one foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134), said determining comprising: evaluating, using the plurality of discrete temperature data values and an ulcer prediction model, whether a temperature variation of the at least one foot exceeds a pre-determined threshold (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134), the ulcer prediction model taking into account the physical activity of the patient2 (see at least par 0058, 0087 & 0133-0134), and producing, as a function of evaluating, output information predicting emergence of an ulcer or pre-ulcer on the at least one foot of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). Rangel discloses a method, as described above, that fails to explicitly teach a method comprising a step of evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model using both the plurality of discrete temperature data values and the level of physical activity of the patient. However, Russell teaches that it is known to provide a method comprising a step of evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model using both the plurality of discrete temperature data values and the level of physical activity of the patient (see at least figs. 1 & 4-5 and pg. 4, lines 14-28, pg. 8, lines 14-34 and pg. 9, lines 10-34). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Rangel comprising a step of evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model using both the plurality of discrete temperature data values and the level of physical activity of the patient as taught by Russell since such a modification would amount to applying a known technique (i.e., Russell) to a known device (i.e., as taught by Rangel) ready for improvement to achieve a predictable result such as removing errors introduced by the user’s activity--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations). In regards to claim 5, Rangel discloses the method as defined by claim 4 further comprising receiving an additional set of discrete temperature data values representing temperature values of a second foot of the at least one foot, said evaluating comprising using the additional plurality of discrete temperature data values to evaluate whether a temperature variation of the at least one foot exceeds the pre-determined threshold (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 6, Rangel discloses the method as defined by claim 4 wherein the closed platform comprises a sock (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151). In regards to claim 7, Rangel discloses the method as defined by claim 4 wherein the closed platform comprises an insole (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151). In regards to claim 8, Rangel discloses the method as defined by claim 4 wherein the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) comprises an accelerometer to detect movement of the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151). In regards to claim 9, Rangel discloses the method as defined by claim 4 wherein the at least one foot comprise an arch, the flexible material 106 configured to conform the flexible material 106 to the arch of the at least one foot (see at least par 0040-0041 & 0151-0152). In regards to claim 10, Rangel discloses the method as defined by claim 4 wherein the plurality of temperature sensors are formed in an array (see at least par 0029). In regards to claim 11, Rangel discloses the method as defined by claim 4 wherein the plurality of temperature sensors are not formed in an array (see at least par 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 12, Rangel discloses the method as defined by claim 4 wherein the at least one foot of the patient comprises one foot, further wherein the plurality of prescribed patterns comprises the difference in temperatures being between two locations on one foot of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 13, Rangel discloses the method as defined by claim 4 wherein the at least one foot of the patient comprises two feet of the patient, further wherein the plurality of prescribed patterns comprises the difference in temperatures being between two contralateral (symmetric) locations on the two feet of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 14, Rangel discloses the method as defined by claim 4 further comprising making temporally successive thermal scans of one foot of the at least one foot, wherein the plurality of prescribed patterns comprises the difference in temperatures at substantially the same location of the one foot across the sequential thermal scans of the one foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 15, Rangel discloses the method as defined by claim 4 further comprising forwarding the plurality of discrete temperature data values of the at least one foot to one or more remote computing devices, the one or more remote computing devices performing the act of determining whether the plurality of discrete temperature data values presents at least one of the plurality of prescribed patterns (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 16, Rangel discloses the method as defined by claim 4 wherein predicting emergence of an ulcer or pre-ulcer includes predicting the location of emergence of an ulcer or pre-ulcer on the at least one foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 17, Rangel discloses the method as defined by claim 4 wherein the at least one foot comprises a first foot and a second foot, said evaluating comprising evaluating, using the plurality of discrete temperature data values and an ulcer prediction model, whether a temperature variation between the first foot and second foot exceeds the pre-determined threshold, said producing comprising producing, as a function of evaluating, output information predicting emergence of an ulcer or pre-ulcer on the first foot of the patient or on the second foot of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 18, Rangel discloses a system for predicting emergence of an ulcer on at least one foot of a patient who engages in physical activity, wherein the at least one foot has a bottom surface, the system comprising: a closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) configured to receive the at least one foot of the patient and having a plurality of temperature sensors, the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) comprising a flexible material 106 carrying the temperature sensors (see at least par 0040-0041 & 0151-0152), the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) configured to conform the flexible material 106 substantially to at least a portion of the bottom surface of the at least one foot to contact the plurality of temperature sensors with the at least a portion of the bottom of the at least one foot3, the plurality of temperature sensors configured to generate a plurality of discrete temperature data values of the at least one foot after the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) receives the at least one foot, the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) further comprising an accelerometer configured to produce motion data indicative of a level of physical activity of the patient4 (see at least par 0058, 0087 & 0133-0134), the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) further comprising a communication interface configured to communicate with a communication network; and one or more processors configured to be in communication with the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) via the communication interface to receive the plurality of discrete temperature data values of the at least one foot of the patient and the motion data, said one or more processors configured to determine whether the plurality of discrete temperature data values presents at least one of a plurality of prescribed patterns indicative of an ulcer or pre-ulcer on the at least one foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134), said processor configured to determine by: evaluating, using the plurality of discrete temperature data values and an ulcer prediction model, whether a temperature variation of the at least one foot exceeds a pre-determined threshold, the ulcer prediction model inherently being a function of the level of physical activity as specified by the motion data (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134); and when the temperature variation is evaluated to exceed the pre-determined threshold, producing output information predicting emergence of an ulcer or pre-ulcer on the at least one foot of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). Rangel discloses a system, as described above, that fails to explicitly teach a system comprising a processor configured to determine by evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model taking into account both the plurality of discrete temperature data values and the level of physical activity of the patient. However, Russell teaches that it is known to provide a system comprising a processor 8 configured to determine by evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model taking into account both the plurality of discrete temperature data values and the level of physical activity of the patient (see at least figs. 1 & 4-5 and pg. 4, lines 14-28, pg. 8, lines 14-34 and pg. 9, lines 10-34). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Rangel comprising a processor configured to determine by evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model taking into account both the plurality of discrete temperature data values and the level of physical activity of the patient as taught by Russell since such a modification would amount to applying a known technique (i.e., Russell) to a known device (i.e., as taught by Rangel) ready for improvement to achieve a predictable result such as removing errors introduced by the user’s activity--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations). In regards to claim 19, Rangel discloses the system as defined by claim 18 wherein the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) comprises an insole. In regards to claim 20, Rangel discloses the system as defined by claim 18 wherein the at least one foot comprises an arch, the flexible material 106 configured to conform the flexible material 106 to the arch of the at least one foot (see at least par 0040-0041 & 0151-0152). In regards to claim 21, Rangel discloses the system as defined by claim 18 wherein the plurality of temperature sensors are formed in an array (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 22, Rangel discloses the system as defined by claim 18 wherein the plurality of temperature sensors are not formed in an array (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 23, Rangel discloses the system as defined by claim 18 wherein the one or more processors comprises means for evaluating whether a temperature variation of the at least one foot exceeds a pre-determined threshold (i.e., >2.2 degree Celsius) (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 24, Rangel discloses the system as defined by claim 18 wherein the one or more processors comprises means for producing the output information (see at least par 0144, 0149 & 0151). In regards to claim 25, Rangel discloses the system as defined by claim 18 wherein the communication interface comprises a wireless interface with the network (see at least par 0146-0147). In regards to claim 27, Rangel discloses the system as defined by claim 18 wherein the plurality of prescribed patterns comprises the difference in temperatures being between two locations on one foot of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 28, Rangel discloses the system as defined by claim 18 wherein the plurality of prescribed patterns comprises the difference in temperatures being between two contralateral (symmetric) locations on the two feet of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 29, Rangel discloses the system as defined by claim 18 wherein the plurality of prescribed patterns comprises the difference in temperatures at substantially the same location of one foot across time (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 30, Rangel discloses a method of predicting emergence of an ulcer on at least one foot of a patient who engages in physical activity, wherein the at least one foot has a bottom surface, the method comprising: positioning the at least one foot within a closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151), the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) having a plurality of temperature sensors, the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) comprising a flexible material 106 configured to conform substantially to at least a portion of the bottom surface of the at least one foot5 (see at least par 0040-0041 & 0151-0152), said conforming causing the plurality of temperature sensors to make contact with the at least a portion of the bottom of the at least one foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134); generating, using the plurality of temperature sensors, a plurality of discrete temperature data values of the at least one foot after said positioning the at least one foot within the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134); ascertaining a level of physical activity of the patient6 (see at least par 0058, 0087 & 0133-0134); and determining whether the plurality of discrete temperature data values presents at least one of a plurality of prescribed patterns indicative of an ulcer or pre-ulcer on the at least one foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134), said determining comprising: evaluating, using the plurality of discrete temperature data values and a measure of the patient’s physical activity as inputs to an ulcer prediction model, whether a temperature variation of the at least one foot exceeds a pre-determined threshold, the ulcer prediction model inherently being a function of the level of physical activity of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134), and producing, as a function of evaluating, output information predicting emergence of an ulcer or pre-ulcer on the at least one foot of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). Rangel discloses a method, as described above, that fails to explicitly teach a method comprising a step of evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model using both the plurality of discrete temperature data values and the level of physical activity of the patient. However, Russell teaches that it is known to provide a method comprising a step of evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model using both the plurality of discrete temperature data values and the level of physical activity of the patient (see at least figs. 1 & 4-5 and pg. 4, lines 14-28, pg. 8, lines 14-34 and pg. 9, lines 10-34). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Rangel comprising a step of evaluating, using the plurality of temperature data values, the level of physical activity of the patient, and an ulcer prediction model, the ulcer prediction model using both the plurality of discrete temperature data values and the level of physical activity of the patient as taught by Russell since such a modification would amount to applying a known technique (i.e., Russell) to a known device (i.e., as taught by Rangel) ready for improvement to achieve a predictable result such as removing errors introduced by the user’s activity--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations). In regards to claim 31, Rangel discloses the method as defined by claim 30 wherein the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151) comprises an accelerometer to detect movement of the closed platform (i.e., shoes, boots, sandals, socks, insoles, see par 0021, 0076, 0091, 0093, 0096, 0112 & 0151). In regards to claim 32, Rangel discloses the method as defined by claim 30 wherein the at least one foot of the patient comprises one foot, further wherein the plurality of prescribed patterns comprises the difference in temperatures being between two locations on one foot of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 33, Rangel discloses the method as defined by claim 30 wherein the at least one foot of the patient comprises two feet of the patient, further wherein the plurality of prescribed patterns comprises the difference in temperatures being between two contralateral (symmetric) locations on the two feet of the patient (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). In regards to claim 34, Rangel discloses the method as defined by claim 30 further comprising making temporally successive thermal scans of one foot of the at least one foot, wherein the plurality of prescribed patterns comprises the difference in temperatures at substantially the same location of the one foot across the sequential thermal scans of the one foot (see at least par 0029, 0053-0054, 0085, 0094, 0131-0132 & 0134). Claim 26 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Rangel (‘455) in view of Russell (‘373) further in view of Pool et al. (US 2008/0172072) (“Pool” hereinafter). Rangel as modified by Russell discloses the system as defined by claim 18 that fails to explicitly tech a system wherein the plurality of temperature sensors comprises a plurality of temperature sensitive resistors. However, Pool teaches that it is known to provide a system wherein the plurality of temperature sensors comprises a plurality of temperature sensitive resistors (see at least par 0138). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was made to provide the system of Rangel as modified by Russell wherein the plurality of temperature sensors comprises a plurality of temperature sensitive resistors as taught by Pool since Pool teaches that temperature sensitive resistors are only one of a few alternative types of thermal sensors. Response to Arguments Applicant's arguments filed May 5, 2026 have been fully considered but they are not persuasive. Applicant contends that Rangel's layer 106 is conformable in a way that would cause "the plurality of temperature sensors to make contact with the at least a portion of the bottom of the at least one foot." The Office respectfully traverses. For example, Russell clearly teaches that the layer 106 is “a conforming top layer” (see at least par 0041-0042 & 00151-0152). In par 0029, Rangel further teaches that the sensor array including the temperature sensors can be formed in the top layer, which is part of the sole portion (see par 0040), which lies underneath the foot when the footwear orthotic is placed on the foot of a wearer (see par 0044). Therefore, the top or upper layer 106, as stated verbatim in Rangel, “is a conforming top material having a hardness of 40 shore 00 to 45 shore A” (see par 0151 thereof). The Office takes Official notice that a shore 00 scale is known to measure the softest elastomers, gels and foams7. Therefore, a 40 shore 00, as called for in Rangel, refers to a highly flexible and extremely soft material, especially when considering that said material is merely used as a thin, upper or top layer 106 of the insole of Rangel rather than the entire insole itself. Therefore, Rangel clearly anticipates a top or upper layer 106 that conforms to the shape of the foot and therefore facilitates contact between the sensors and the shape of the foot as claimed. In view of the foregoing, the rejections over at least Rangel and Russell are maintained. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENE T TOWA whose telephone number is (313)446-6655. The examiner can normally be reached Mon-Fri, 9:00 AM-5:00 PM. 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, Jason M. Sims can be reached on 571-272-7540. 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. /RENE T TOWA/Primary Examiner, Art Unit 3791 1 For examination purposes, the limitations have been construed to mean that the conforming flexible material allows the temperature sensors to conform to the shape of the sole of the foot to facilitate contact of the platform comprising the temperature sensors with the sole of the foot 2 For examination purposes, the limitations have been construed to mean that physical activity, whether high, medium, low, nonexistent or inconsequential, is taken into consideration 3 For examination purposes, the limitations have been construed to mean that the conforming flexible material allows the temperature sensors to conform to the shape of the sole of the foot to facilitate contact of the platform comprising the temperature sensors with the sole of the foot 4 For examination purposes, the limitations have been construed to mean that physical activity, whether high, medium, low, nonexistent or inconsequential, is taken into consideration 5 For examination purposes, the limitations have been construed to mean that the conforming flexible material allows the temperature sensors to conform to the shape of the sole of the foot to facilitate contact of the platform comprising the temperature sensors with the sole of the foot 6 For examination purposes, the limitations have been construed to mean that physical activity, whether high, medium, low, nonexistent or inconsequential, is taken into consideration 7 See at least WO 03/061420
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Prosecution Timeline

Show 9 earlier events
Apr 15, 2025
Request for Continued Examination
Apr 16, 2025
Response after Non-Final Action
Apr 29, 2025
Non-Final Rejection mailed — §103
Oct 29, 2025
Response Filed
Nov 14, 2025
Final Rejection mailed — §103
May 05, 2026
Request for Continued Examination
May 08, 2026
Response after Non-Final Action
May 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
49%
Grant Probability
66%
With Interview (+17.1%)
4y 3m (~1y 0m remaining)
Median Time to Grant
High
PTA Risk
Based on 763 resolved cases by this examiner. Grant probability derived from career allowance rate.

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