DETAILED ACTION
This Office Action is in response to the filing of amendments to the claims on 12/22/2025. As per the amendments, claims 1, 6, 14, and 16 have been amended, and no claims have been added or cancelled. Thus, claims 1-20 are pending in the claims.
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 .
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni et al. (US Pat. 11,246,213) in view of Stanfield et al. (US Pat. 11,759,389) in view of Zets et al. (US Pat. 9,149,222) in view of Ko et al. (US Pub. 2019/0009405).
Regarding claim 1, Longinotti-Buitoni discloses a system for providing midline shift rehabilitation to a patient (see Fig. 1A and Col. 11 lines 48-63, Col. 64 lines 34-37, and Col. 65 line 50 to Col. 66 line 8 where the device can be used for helping correct a posture of a user), comprising: a wearable vest (see shirt 130 in Fig. 6A; where it is understood that the garment can be a vest as seen in Col. 52 lines 56-60) including: one or more inertial measurement units located along a midline of the wearable vest (see Fig. 6A and Col. 63 lines 38-50 where accelerometer A0 can be an inertial measurement unit, and is on the midline of the garment) and configured to detect an orientation of a torso of a user (see Col. 65 line 50 to Col. 66 line 8 where the sensors of the device are able to detect the posture of the user, which can be of the torso as seen in Col. 104 lines 3-8); and one or more vibrators configured to provide haptic feedback to a user (see Col. 64 line 16 to Col. 65 line 12 where the system provides a haptic feedback using a vibrator); a neckband (see Figs. 15A-15C and Col. 10 lines 48-57); and one or more vibrators configured to provide haptic feedback to the user (see Col. 11 line 64 to Col. 12 line 2 and Col. 64 line 16 to Col. 65 line 12); and a central processor in communication with the wearable vest, the neckband and a memory (see Col. 14 lines 4-19 and Col. 55 line 59 to Col. 56 line 4, where there is a microprocessor connected to the sensing element and electronic components, and has a memory function), the memory including instructions which, when executed, cause the central processor to: receive sensor data from the one or more inertial measurement units of the wearable vest (see Col. 5 lines 42-51 and Col. 63 lines 38-50); determine posture based on the sensor data provided by the one or more inertial measurement units located along the midline of the wearable vest (see Col. 63 lines 46-54, where it is understood that the microprocessor (Col. 14 lines 4-19 and Col. 55 line 59 to Col. 56 line 4) is what controls and operates the system, and that instructions of how to operate the electronic components, as well as algorithms for receiving and interpreting the data are stored within a memory); and provide a signal to the one or more vibrators of the wearable vest and of the neckband (see Col. 11 line 64 to Col. 12 line 2 and Col. 64 line 16 to Col. 65 line 12 where the vibratory feedback is controlled by the microprocessor).
Longinotti-Buitoni lacks a detailed description of where the vibration for haptic feedback is done by vibration motors.
However, Stanfield teaches a wearable sensory and stimulation device, where vibration for haptic feedback is done by vibration motors (see Col. 26 lines 38-43).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vibrators of Longinotti-Buitoni to be vibration motors as taught by Stanfield, as it would be a simple substitution of one type of vibrator for another, to yield the predictable result of providing haptic feedback via vibrations.
The modified Longinotti-Buitoni lacks a detailed description of one or more inertial measurement units located along a midline of the neckband, detect an orientation of a torso of a user relative to a midline position, receive sensor data from the one or more inertial measurement units of the wearable vest and from the one or more inertial measurement units of the neckband; determine an angle of a midline shift of a the user relative to a stored midline orientation based on the sensor data provided by the one or more inertial measurement units located along the midline of the wearable vest and of the neckband, the angle of the midline shift representing deviation of both a torso and a head of the patient from the stored midline orientation, and providing haptic feedback at both the torso and a neck of the user to cue the patient to return toward the stored midline orientation.
However, Zets teaches a wearable sensory and stimulation device, where an inertial sensor is located along a midline of the neck (see Col. 10 line 64 to Col. 11 line 3), detecting an orientation of a torso of a user relative to a midline position (see Col. 10 line 56 to Col. 11 line 8, where an inertial sensor 12 can be mounted on the torso area of the user for measuring changes to the center of gravity, the center of gravity being a midline position), receive sensor data from the one or more inertial measurement units of the torso and from the one or more inertial measurement units of the neck (see Col. 10 line 56 to Col. 11 line 8, where there is an inertial sensor on both the torso area, and the back of the neck); determine midline shift of a the user relative to a stored midline orientation based on the sensor data provided by the one or more inertial measurement units located along the midline of the torso and of the neck (see Col. 22 line 59 to Col. 23 line 22 where the control system contains a database of values with regards to the orientation/ movement of a user, such that the system is able to determine what part of a movement the person is in by comparing sensed orientation against the database), the midline shift representing deviation of both a torso and a head of the patient from the stored midline orientation (see Col. 22 line 59 to Col. 23 line 22 where the control system contains a database of values with regards to the orientation/ movement of a user, such that the measured inertial values represent changes with regards to the center of gravity, and movement of the upper body (see also Col. 10 line 56 to Col. 11 line 8)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the neckband of the modified Longinotti-Buitoni device to have an internal measurement unit placed along the neck and in line with the spine, and modify the detection of a change in posture to rely on both torso and neck values compared to a baseline as taught by Zets, as it would provide additional information regarding the orientation and motion of both the user and the worn device. Furthermore, it is understood that in the modified Longinotti-Buitoni device, the teachings in view of Zets provide for orientation data from both the torso and from the neck, which are incorporated into the control system of Longinotti-Buitoni such that the analysis and feedback of Longinotti-Buitoni relies on both the torso and neck inertial sensors. Hence, the modified Longinotti-Buitoni has providing haptic feedback at both the torso and a neck of the user to cue the patient to return toward the stored midline orientation (Longinotti-Buitoni; see Col. 11 line 64 to Col. 12 line 2 and Col. 63 lines 24-33 where the system can use haptic/ vibratory feedback to notify/ encourage a user to alter their posture; and further in light of the teachings of Zets uses both the information from the vest inertial sensors and neckband inertial sensors in order to make the determination whether or not to deliver haptic feedback).
The modified Longinotti-Buitoni device lacks a detailed description of determining an angle of a midline shift based on sensor data, and based on the angle of the midline shift, providing haptic feedback to the user, and using the angle of a midline shift for both the midline shift comparison, as well as the representation of deviation. It is noted that Longinotti-Buitoni does disclose using IMUs for detection of posture (see Col. 32 lines 57-61).
However, Ko teaches a wearable device for assisting in user motion, where an inertial measurement unit is used as an absolute angle sensor in order to determine the posture of the user (see [0025] and [0057]), and actuating a driver unit based on the detected posture (see [0026] and [0097]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the use of the sensor data of the modified Longinotti-Buitoni to measure a change in posture (midline shift) based on the IMUs, and actuate the system based on the measured posture as taught by Ko, as it would provide additional data about the posture of the user, for better feedback for improving posture (Longinotti-Buitoni; see Col. 11 lines 48-63). It is understood that in the modified Longinotti-Buitoni device, the values from the torso and neck inertial sensors (as taught by Zets), are values regarding an angle change, and thus an angle noting a change in the midline shift of the user, whereby this angle is the sensor value used in the calculations and control of the modified device.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni in view of Stanfield in view of Zets in view of Ko, as applied to claim 1 above, and further in view of Talgorn et al. (US Pub. 2020/0121249).
Regarding claim 2, the modified Longinotti-Buitoni device has a central processor, ana a monitor configured to provide visual feedback to the user (Longinotti-Buitoni; see Col. 37 lines 55-61).
The modified Longinotti-Buitoni device lacks a detailed description of a mirror including a monitor in communication with the central processor, the monitor configured to provide visual feedback to the user.
However, Talgorn teaches a wearable device with a processor, where a feedback user interface can be a smart mirror (see [0041] where a smart mirror has a monitor).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display output device of the modified Longinotti-Buitoni device to be a smart mirror as taught by Talgorn, as it would be a simple substitution of one type of display device for feedback with another display device, to yield the predictable result of displaying the feedback to the user.
Regarding claim 3, the modified Longinotti-Buitoni has wherein the visual feedback is provided on the monitor using one or more LED indicators (Longinotti-Buitoni; see Col. 49 lines 5-8 and Col. 58 lines 34-39 where the device can include an LED on the garment as a sensing or feedback unit, which would be visible on the smart mirror in the reflection as taught by Talgorn).
Regarding claim 4, the modified Longinotti-Buitoni has wherein the memory includes instructions which, when executed, further cause the central processor to: indicate, by the monitor, a severity of the midline shift based on the angle of the midline shift as determined using the sensor data (Longinotti-Buitoni; see Col. 32 lines 57-61 where the device detects posture, and outputs the detected posture via the IMUs as taught by Ko, where the posture feedback indicated if the posture is correct, and thus the severity of the shift in posture as seen in Longinotti-Buitoni Col. 63 lines 24-33, and the feedback is displayed on the smart mirror monitor as taught by Talgorn).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni in view of Stanfield in view of Zets in view of Ko, as applied to claim 1 above, and further in view of Gertsch (US Pub. 2022/0062030).
Regarding claim 5, the modified Longinotti-Buitoni has the one or more vibration motors coupled to the wearable vest.
The modified Longinotti-Buitoni device lacks a detailed description of wherein the one or more vibration motors are positioned along a vibration pad, and the vibration pad is removably coupled to the wearable vest.
However, Gertsch teaches a feedback and stimulation wearable device, where the wearable garment includes a vibrating pad comprising motors (see [0030]), with the vibration pad being removable from the garment (see [0033]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vibration motors of the modified Longinotti-Buitoni device to be attached to a removable pad as taught by Gertsch, as it would be a simple substitution of one type of vibration motor on a garment for another vibration motor, to yield the predictable result of providing vibration to the user.
Claims 6, 14-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni in view of Stanfield in view of Zets in view of Ko.
Regarding claim 6, Longinotti-Buitoni discloses a system for providing midline shift rehabilitation to a patient (see Fig. 1A and Col. 11 lines 48-63, Col. 64 lines 34-37, and Col. 65 line 50 to Col. 66 line 8 where the device can be used for helping correct a posture of a user), comprising: a wearable vest (see shirt 130 in Fig. 6A; where it is understood that the garment can be a vest as seen in Col. 52 lines 56-60) including: one or more inertial measurement units located along a midline of the wearable vest (see Fig. 6A and Col. 63 lines 38-50 where accelerometer A0 can be an inertial measurement unit, and is on the midline of the garment) and configured to detect an orientation of a torso of a user (see Col. 65 line 50 to Col. 66 line 8 where the sensors of the device are able to detect the posture of the user, which can be of the torso as seen in Col. 104 lines 3-8); and one or more vibrators configured to provide haptic feedback to a user (see Col. 64 line 16 to Col. 65 line 12 where the system provides a haptic feedback using a vibrator); and a processor in communication with the wearable vest, and a memory (see Col. 14 lines 4-19 and Col. 55 line 59 to Col. 56 line 4, where there is a microprocessor connected to the sensing element and electronic components, and has a memory function), the memory including instructions which, when executed, cause the processor to: determine inertial measurement unit data based on sensor data provided by the one or more inertial measurement units located along the midline of the wearable vest (see Col. 63 lines 46-54, where it is understood that the microprocessor (Col. 14 lines 4-19 and Col. 55 line 59 to Col. 56 line 4) is what controls and operates the system, and that instructions of how to operate the electronic components, as well as algorithms for receiving and interpreting the data are stored within a memory); and provide a signal to the one or more vibrators of the wearable vest (see Col. 11 line 64 to Col. 12 line 2 and Col. 64 line 16 to Col. 65 line 12 where the vibratory feedback is controlled by the microprocessor).
Longinotti-Buitoni lacks a detailed description of where the vibration for haptic feedback is done by vibration motors.
However, Stanfield teaches a wearable sensory and stimulation device, where vibration for haptic feedback is done by vibration motors (see Col. 26 lines 38-43).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vibrators of Longinotti-Buitoni to be vibration motors as taught by Stanfield, as it would be a simple substitution of one type of vibrator for another, to yield the predictable result of providing haptic feedback via vibrations.
The modified Longinotti-Buitoni lacks a detailed description of, detect an orientation of a torso of a user relative to a midline position, determine an angle of a midline shift of the user relative to a stored midline orientation based on the sensor data provided by the one or more inertial measurement units located along the midline of the wearable vest, and providing haptic feedback to the user to cue the user to return toward the stored midline orientation.
However, Zets teaches a wearable sensory and stimulation device, detecting an orientation of a torso of a user relative to a midline position (see Col. 10 line 56 to Col. 11 line 8, where an inertial sensor 12 can be mounted on the torso area of the user for measuring changes to the center of gravity, the center of gravity being a midline position), determine midline shift of a the user relative to a stored midline orientation based on the sensor data provided by the one or more inertial measurement units located along the midline of the torso (see Col. 22 line 59 to Col. 23 line 22 where the control system contains a database of values with regards to the orientation/ movement of a user, such that the system is able to determine what part of a movement the person is in by comparing sensed orientation against the database).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of the modified Longinotti-Buitoni device to modify the detection of a change in posture to rely on torso values compared to a baseline as taught by Zets, as it would provide a database for comparison so that sensed posture and position can be more easily categorized and compared to a target value. Furthermore, it is understood that in the modified Longinotti-Buitoni device, the teachings in view of Zets provide for orientation data from both the torso, which are incorporated into the control system of Longinotti-Buitoni such that the analysis and feedback of Longinotti-Buitoni relies on the torso. Hence, the modified Longinotti-Buitoni has providing haptic feedback at the torso of the user to cue the patient to return toward the stored midline orientation (Longinotti-Buitoni; see Col. 11 line 64 to Col. 12 line 2 and Col. 63 lines 24-33 where the system can use haptic/ vibratory feedback to notify/ encourage a user to alter their posture; and further in light of the teachings of Zets uses both the information from the vest inertial sensors in order to make the determination whether or not to deliver haptic feedback).
The modified Longinotti-Buitoni device lacks a detailed description of determining an angle of a midline shift based on sensor data, and based on the angle of the midline shift, providing haptic feedback to the user. It is noted that Longinotti-Buitoni does disclose using IMUs for detection of posture (see Col. 32 lines 57-61).
However, Ko teaches a wearable device for assisting in user motion, where an inertial measurement unit is used as an absolute angle sensor in order to determine the posture of the user (see [0025] and [0057]), and actuating a driver unit based on the detected posture (see [0026] and [0097]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the use of the sensor data of the modified Longinotti-Buitoni to measure a change in posture (midline shift) based on the IMUs, and actuate the system based on the measured posture as taught by Ko, as it would provide additional data about the posture of the user, for better feedback for improving posture (Longinotti-Buitoni; see Col. 11 lines 48-63).
Regarding claim 14 Longinotti-Buitoni discloses a method of providing midline shift feedback to a patient (via the discloses device), the method comprising: receiving sensor data from one or more inertial measurement units (see Fig. 6A and Col. 63 lines 38-50 where accelerometer A0 can be an inertial measurement unit, and is on the midline of the garment) located along a midline of a wearable vest (see shirt 130 in Fig. 6A where accelerometer A0 is along a midline; where it is understood that the garment can be a vest as seen in Col. 52 lines 56-60); calculating, based on the sensor data received from one or more inertial measurement units, the inertial measurement data of the one or more inertial measurement units (see Col. 63 lines 46-54, where it is understood that the microprocessor (Col. 14 lines 4-19 and Col. 55 line 59 to Col. 56 line 4) is what controls and operates the system, and that instructions of how to operate the electronic components, as well as algorithms for receiving and interpreting the data are stored within a memory); and providing a signal to one or more vibrators of the wearable vest (see Col. 11 line 64 to Col. 12 line 2 and Col. 64 line 16 to Col. 65 line 12 where the vibratory feedback is controlled by the microprocessor).
Longinotti-Buitoni lacks a detailed description of where the vibration for haptic feedback is done by vibration motors.
However, Stanfield teaches a wearable sensory and stimulation device, where vibration for haptic feedback is done by vibration motors (see Col. 26 lines 38-43).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vibrators of Longinotti-Buitoni to be vibration motors as taught by Stanfield, as it would be a simple substitution of one type of vibrator for another, to yield the predictable result of providing haptic feedback via vibrations.
The modified Longinotti-Buitoni lacks a detailed description of determine an angle of a midline shift of the one or more inertial measurement units relative to a stored midline orientation, and providing haptic feedback indicative of the midline shift.
However, Zets teaches a wearable sensory and stimulation device, which determines midline shift of a the user relative to a stored midline orientation based on the sensor data provided by the one or more inertial measurement units located along the midline of the torso (see Col. 22 line 59 to Col. 23 line 22 where the control system contains a database of values with regards to the orientation/ movement of a user, such that the system is able to determine what part of a movement the person is in by comparing sensed orientation against the database).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of the modified Longinotti-Buitoni device to modify the detection of a change in posture to rely on torso values compared to a baseline as taught by Zets, as it would provide a database for comparison so that sensed posture and position can be more easily categorized and compared to a target value. Furthermore, it is understood that in the modified Longinotti-Buitoni device, the teachings in view of Zets provide for orientation data from both the torso, which are incorporated into the control system of Longinotti-Buitoni such that the analysis and feedback of Longinotti-Buitoni relies on the torso. Hence, the modified Longinotti-Buitoni has providing haptic feedback at the torso of the user indicative of the midline shift (Longinotti-Buitoni; see Col. 11 line 64 to Col. 12 line 2 and Col. 63 lines 24-33 where the system can use haptic/ vibratory feedback to notify/ encourage a user to alter their posture; and further in light of the teachings of Zets uses both the information from the vest inertial sensors in order to make the determination whether or not to deliver haptic feedback by determining a midline shift).
The modified Longinotti-Buitoni device lacks a detailed description of calculating an angle of a midline shift based on sensor data, and based on the angle of the midline shift, providing haptic feedback to the user. It is noted that Longinotti-Buitoni does disclose using IMUs for detection of posture (see Col. 32 lines 57-61).
However, Ko teaches a wearable device for assisting in user motion, where an inertial measurement unit is used as an absolute angle sensor in order to determine the posture of the user (see [0025] and [0057]), and actuating a driver unit based on the detected posture (see [0026] and [0097]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the use of the sensor data of the modified Longinotti-Buitoni to measure a change in posture (midline shift) based on the IMUs, and actuate the system based on the measured posture as taught by Ko, as it would provide additional data about the posture of the user, for better feedback for improving posture (Longinotti-Buitoni; see Col. 11 lines 48-63).
Regarding claim 15, the modified Longinotti-Buitoni device has a neckband (Longinotti-Buitoni; see Figs. 15A-15C and Col. 10 lines 48-57).
The modified Longinotti-Buitoni device lacks a detailed description of receiving sensor data from one or more internal measurement units located along a midline of a neckband.
However, Zets teaches a wearable sensory and stimulation device, having a neckband including: one or more inertial measurement units located along a midline of the neckband (see Col. 10 line 64 to Col. 11 line 3); and one or more vibration motors configured to provide haptic feedback to a user (see Col. 19 lines 57-63).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the neckband of the modified Longinotti-Buitoni device to have an internal measurement unit and vibrator placed along the neck and in line with the spine as taught by Zets, as it would provide additional information regarding the orientation and motion of both the user and the worn device, as well as an additional location for vibrotactile feedback.
Regarding claim 16, the modified Longinotti-Buitoni device has providing a signal to the one or more vibration motors of the neckband based on the angle of the midline shift to provide haptic (Longinotti-Buitoni; see Col. 11 line 64 to Col. 12 line 2 and Col. 64 line 16 to Col. 65 line 12 where the vibratory feedback is controlled by the microprocessor, which is actuated based on the measured posture as taught by Ko).
Regarding claim 17, the modified Longinotti-Buitoni device has wherein the angle of midline shift is representative of a deviation of alignment of the midline of the wearable vest with a midline position (Ko; see [0025] and [0057]).
Regarding claim 18, the modified Longinotti-Buitoni device has displaying, by a monitor, a visual representation of the midline shift based on the angle of midline shift (Longinotti-Buitoni; see Col. 37 lines 55-61 where the posture values as taught by Ko are outputted and displayed).
Regarding claim 20, the modified Longinotti-Buitoni has wherein the monitor, is configured to indicate a severity of the midline shift based on the angle of the midline shift as determined using the sensor data (Longinotti-Buitoni; see Col. 32 lines 57-61 where the device detects posture, and outputs the detected posture via the IMUs as taught by Ko, where the posture feedback indicated if the posture is correct, and thus the severity of the shift in posture as seen in Longinotti-Buitoni Col. 63 lines 24-33).
Claims 7-12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni in view of Stanfield in view of Zets in view of Ko, as applied to claims 6 and 18 above, respectively, and further in view of Talgorn.
Regarding claim 7, the modified Longinotti-Buitoni device has a central processor, ana a monitor configured to provide visual feedback to the user (Longinotti-Buitoni; see Col. 37 lines 55-61).
The modified Longinotti-Buitoni device lacks a detailed description of a mirror including a monitor in communication with the central processor, the monitor configured to provide visual feedback to the user.
However, Talgorn teaches a wearable device with a processor, where a feedback user interface can be a smart mirror (see [0041] where a smart mirror has a monitor).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display output device of the modified Longinotti-Buitoni device to be a smart mirror as taught by Talgorn, as it would be a simple substitution of one type of display device for feedback with another display device, to yield the predictable result of displaying the feedback to the user.
Regarding claim 8, the modified Longinotti-Buitoni has wherein the visual feedback is provided on the monitor using one or more LED indicators (Longinotti-Buitoni; see Col. 49 lines 5-8 and Col. 58 lines 34-39 where the device can include an LED on the garment as a sensing or feedback unit, which would be visible on the smart mirror in the reflection as taught by Talgorn).
Regarding claim 9, the modified Longinotti-Buitoni has wherein the memory includes instructions which, when executed, further cause the processor to: displaying, by the monitor, a visual representation of the midline shift based on the angle of the midline shift (Longinotti-Buitoni; see Col. 32 lines 57-61 where the device detects posture, and outputs the detected posture via the IMUs as taught by Ko, where the posture feedback indicated if the posture is correct, and thus the severity of the shift in posture as seen in Longinotti-Buitoni Col. 63 lines 24-33, and the feedback is displayed on the smart mirror monitor as taught by Talgorn).
Regarding claim 10, the modified Longinotti-Buitoni has wherein the memory includes instructions which, when executed, further cause the processor to: indicate, by the monitor, a severity of the midline shift based on the angle of the midline shift as determined using the sensor data (Longinotti-Buitoni; see Col. 32 lines 57-61 where the device detects posture, and outputs the detected posture via the IMUs as taught by Ko, where the posture feedback indicated if the posture is correct, and thus the severity of the shift in posture as seen in Longinotti-Buitoni Col. 63 lines 24-33, and the feedback is displayed on the smart mirror monitor as taught by Talgorn).
Regarding claim 11, the modified Longinotti-Buitoni device has a neckband (Longinotti-Buitoni; see Figs. 15A-15C and Col. 10 lines 48-57).
The modified Longinotti-Buitoni device lacks a detailed description of a neckband including: one or more inertial measurement units located along a midline of the neckband; and one or more vibration motors configured to provide haptic feedback to a user.
However, Zets teaches a wearable sensory and stimulation device, having a neckband including: one or more inertial measurement units located along a midline of the neckband (see Col. 10 line 64 to Col. 11 line 3); and one or more vibration motors configured to provide haptic feedback to a user (see Col. 19 lines 57-63).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the neckband of the modified Longinotti-Buitoni device to have an internal measurement unit and vibrator placed along the neck and in line with the spine as taught by Zets, as it would provide additional information regarding the orientation and motion of both the user and the worn device, as well as an additional location for vibrotactile feedback.
Regarding claim 12, the modified Longinotti-Buitoni has wherein the memory includes instructions which, when executed, further cause the processor to: determine an angle of a midline shift based on sensor data provided by the one or more inertial measurement units located along the midline of the neckband (Longinotti-Buitoni; see Col. 63 lines 46-54, where it is understood that the microprocessor (Col. 14 lines 4-19 and Col. 55 line 59 to Col. 56 line 4) is what controls and operates the system, and that instructions of how to operate the electronic components, as well as algorithms for receiving and interpreting the data are stored within a memory, and thus the angle determination of midline shift as taught by Ko); and provide a signal to the one or more vibration motors of the neckband based on the angle of the midline shift to provide haptic feedback to the user (Longinotti-Buitoni; see Col. 11 line 64 to Col. 12 line 2 and Col. 64 line 16 to Col. 65 line 12 where the vibratory feedback is controlled by the microprocessor, which is actuated based on the measured posture as taught by Ko).
Regarding claim 19, the modified Longinotti-Buitoni has a monitor.
The modified Longinotti-Buitoni device lacks a detailed description of a mirror including a monitor.
However, Talgorn teaches a wearable device with a processor, where a feedback user interface can be a smart mirror (see [0041] where a smart mirror has a monitor).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display output device of the modified Longinotti-Buitoni device to be a smart mirror as taught by Talgorn, as it would be a simple substitution of one type of display device for feedback with another display device, to yield the predictable result of displaying the feedback to the user.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Longinotti-Buitoni in view of Stanfield in view of Zets in view of Ko, as applied to claim 6 above, and further in view of Gertsch.
Regarding claim 13, the modified Longinotti-Buitoni has the one or more vibration motors coupled to the wearable vest.
The modified Longinotti-Buitoni device lacks a detailed description of wherein the one or more vibration motors are positioned along a vibration pad, and the vibration pad is removably coupled to the wearable vest.
However, Gertsch teaches a feedback and stimulation wearable device, where the wearable garment includes a vibrating pad comprising motors (see [0030]), with the vibration pad being removable from the garment (see [0033]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vibration motors of the modified Longinotti-Buitoni device to be attached to a removable pad as taught by Gertsch, as it would be a simple substitution of one type of vibration motor on a garment for another vibration motor, to yield the predictable result of providing vibration to the user.
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
Applicant argues on pages 12-13 of the remarks that the prior art combination fails to teach combining both the torso and neck IMU data into a midline-shift angle, and using that angle to drive haptic feedback. The argument is not well-taken. As seen in the above rejection, Longinotti-Buitoni is modified in light of Zets to have both torso and neck IMU data. This IMU data is used to determine a center of gravity (COG; which represents the midline shift) change in the user, by comparing it to a stored database of values. Ko then teaches that the specific sensor/ data used as the inertial measurement is an angle sensor, such that the modified device receives angle data. Then, the modified Longinotti-Buitoni is then understood to apply haptic feedback to correct a posture (relying on both torso and neck values as taught by Zets), which is in response to an incorrect posture when compared to a change in midline shift (as taught by Zets), which relies upon angle sensor data (as taught by Ko, which modified the type of sensors/ data that Zets uses in its comparison).
Thus, the rejections hold.
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.
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785
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