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 Arguments
Applicant’s arguments with respect to allowability of claims 1 and 9 have been fully considered (see Remarks filed 12/23/2025, pg. 7). After further consideration of the claims, a rejection under 35 USC 101 has been made and this action is made non-final as a result. See rejection below.
Applicant’s arguments with respect to the rejections under 35 USC 112(b), see Remarks pg. 7, have been fully considered and are persuasive in view of the amendments to the claims. The rejections under 35 USC 112(b) have been withdrawn.
Claim Objections
Claims 1-3, 6-11, and 14-16 are objected to because of the following informalities: all recitations of “center-of-gravity (COG)” should be amended to recite center-of-pressure (COP) as set forth in the original version of the claims filed 05/05/2023. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) a system (claim 1) and a method (claim 9); thus, these claims pass step 1 of the subject matter eligibility test since they are directed towards a machine and a process.
As a whole, the claim recites a process of obtain a center-of-gravity (COG) position of the to-be-tested subject according to the pressure distribution in a sample; obtain a COG distribution circle of the to-be-tested subject according to a plurality of the COG positions in a plurality of samples; obtain a COG stability value of the to-be-tested subject according to a plurality of the COG distribution circles; analyze each posture image to obtain a backbone stability value; and obtain a posture stability value according to the backbone stability value and the COG stability value. This process has been determined to be an abstract idea in the form of a mental process; it is fully capable of being performed in the human mind. For example, this process could be performed in the mind of a physician with the aid of pen and paper (MPEP 2106.04(a)(2)(III). Since all of these steps are capable of being performed in the human mind, this claim passes Step 2A prong one of the eligibility test.
This judicial exception is not integrated into a practical application because there are no additional elements recited which integrate the invention into a practical application. Although the claims recite a pressure pad configured to sense a pressure distribution exerted by a to-be-tested subject, a camera configured to capture a plurality of posture images of the to-be-tested subject, and a processor configured to perform the mental process (claim 1), such limitations do not amount to significantly more because they serve to merely limit the judicial exception to the computer field (MPEP 2106.05(h)) and are drawn to insignificant extra-solution activity related to mere data gathering (MPEP 2106.05(g)).
Furthermore, the claims recite a pressure pad configured to sense a pressure distribution exerted by a to-be-tested subject, a camera configured to capture a plurality of posture images of the to-be-tested subject, and a processor configured to perform the mental process (claim 1). The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a generic manner or as insignificant extra-solution activity (MPEP 2106.05(d)).
Additionally, Izumi (US 8605990) discloses a posture stability detection system (Abstract) comprising: a pressure pad configured to sense a pressure distribution exerted by a to-be-tested subject (Fig. 7, 101); a camera configured to capture a plurality of images of the to-be-tested subject (Fig. 7, 201); and a processor which receives and analyzes collected data from the pressure pad and camera and then outputs the result (Fig. 7, 110; Col. 8, ll. 26-34), thus demonstrating the well-understood, routine, and conventional nature of a pressure pad, camera, and processor in the prior art.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because such elements are not recited, as explained above. Thus, this claim fails Step 2A prong two and Step 2B of the eligibility test, and this claim is not eligible subject matter under 35 U.S.C. 101.
Subsequent dependent claims 2-8 and 10-16 merely further specify additional mental steps and/or details of the mental steps.
Conclusion
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/A.A.G./Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796
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