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 claims 1-11 filed on 03/20/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an instructor, an estimator, a setter, an identifier and a determiner’ in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Clams 1, 3, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over GUACK et al. (US20220067689) hereafter GUACK in view of Liu et al. (US20140169623) hereafter Liu and in further view of NPL5 (3D Analysis of Upper Limbs Motion during Rehabilitation Exercises Using the KinectTM Sensor: Development, Laboratory Validation and Clinical Application, Bruno Bonnechère et al., MDPI, Pages 1-18) hereafter NPL5
1. Regarding claim 1, GUACK discloses a determination method (figs 1-2, 6-8 shows and discloses a method performed by a computer) performed by a computer, the determination method comprising:
capturing an image that includes, as a subject, the target person performing the specific action (figs 6, 8 (801, 803) and paras 0203,0204, 0211 shows and discloses a camera 605 capturing an image of a user picking up an item 609 from the shelf (i.e the target person performing the specific action of picking up an item);
estimating a skeletal model of the target person in the image based on the image captured (fig 6,7 and 8 (805) and para 0215 shows and discloses estimating a skeletal model of the target person in the image based on the image captured);
(i.e a cube 311 around a wrist skeleton model as seen in fig 6). GUACK is silent and however fails to disclose instructing a target person to perform a specific action for rehabilitation for which a determination criterion is set in advance; setting a plurality of three-dimensional regions around the skeletal model based on positions of a plurality of skeletal points in the skeletal model estimated; identifying, among the plurality of three-dimensional regions set, a three- dimensional region where a skeletal point of a wrist of the target person is located in the specific action; and determining a state of activities of daily living of the target person based on a comparison between the three-dimensional region identified and the determination criterion.
Liu discloses instructing a target person to perform a specific action (figs 2-3, paras 0019-0022, 0026, 0059, 0072, 0074, 0092, 0101-0102 shows and discloses instructing a user (i.e target person) to perform the specific action (‘i.e an activity such as bend the body and pick up) and recognizing the action meeting the above limitations, examiner notes that the specifics of “a specific action” are not required by the current claim) (figs 2 (204), 3, paras 0049-0050, 0065, 0090-0091 discloses “for each joint j, it’s local region may be partitioned into NxXNyXNz grid (i.e setting a plurality of 3D regions (3Dgrid) based on the plurality of the skeletal points (i.e each joint) in the skeletal model as seen in figs 2, 3 meeting the above claim limitations, examiner notes that the specifics of a plurality of the 3D regions are not required by the current claim); identifying, among the plurality of three-dimensional regions set, a three- dimensional region where a skeletal point of a wrist of the target person is located in the specific action (fig 2, fig 8 (809, 811) and paras 0050-0052, 0056, 0252 shows identifying, among the plurality of three-dimensional regions set, a three- dimensional region where a skeletal point of a wrist of the target person is located (i.e determining a 3D joint (a three dimensional region) position (i.e location)) in the specific action (i.e picking up) meeting the claim limitations); and determining a state of activities of daily living of the target person based on (figs 2-3, fig 8 (809, 811), paras 0021-0022, 0059, 0252 discloses determining a state of activities of daily living (such as bend the body and pick up) of the target person based on the three-dimensional region identified) based on a comparison between the three-dimensional region identified and the determination criterion.
NPL5 discloses instructing a target person to perform a specific action for rehabilitation for which a determination criterion is set in advance and determining a state of activities of daily living of the target person based on a comparison between the three-dimensional region identified and the determination criterion (pages 9-10, 13-15 section 5 discloses performing a 3D evaluation of the upper limbs for the patients performing the tasks involving motion from rehabilitation exercises and analyzing 328 parameters (i.e three-dimensional region (upper limbs) identified and the determination criterion for rehabilitation set in advance, examiner notes that the specifics of the determination criterion are not required by the current claim) and the results obtained with MLS are compared with the gold standard MBS meeting the above claim limitations). Before the effective filing date of the invention was made, GUACK, Liu and NPL because they are from the same filed of endeavor and are analogous art of image processing. The suggestion/motivation would be an improved system/method at para 0067 as taught by Liu and an improved visualization of full 3D data in real-time (page 15 section 6) as taught by NPL5. Therefore, it would be obvious and within one of ordinary skill in the art to have recognized the advantages of Liu and NPL5 in the method/system of GUACK to obtain the invention as specified in claim 1.
2. Regarding claim 3, GUACK, Liu and NPL5 discloses the determination method according to claim 1. GUACK discloses wherein the capturing includes capturing moving images that include a plurality of images each being the image, and in the estimating, the skeletal model in each of the plurality of images included in the moving images is estimated based on the moving images (para 0078 discloses “a video signal” being inputted and para 0211, 0213-0215 discloses capturing images meeting the limitations of moving images used in the processing as shown in figs 1 and 6-8).
3. Claim 10 is a corresponding device claim of claim 1. See the corresponding explanation of claim 1. GUACK discloses and shows a determination device as seen in figs 1-2 and para 0211.
4. Regarding claim 11, GUACK discloses a determination system (fig 2 shows a system) comprising:
an information terminal (figs 1-2 (100) shows and discloses the information terminal); and
a server device (fig 2 (200)) that is connected to the information terminal (fig 2 (100)) via communication (fig 2 (210)), wherein the information terminal includes:
a communicator that communicates with the server device (fig 1 (110) is the communication interface in the information terminal to communicate with the server device 200 as seen in fig 2);
a camera that captures an image which includes, as a subject, the target person performing the specific action (fig 1 (120), para 0078 shows and discloses an input interface which is a camera capturing an image which includes, as a subject, the target person performing the specific action (as seen in figs 6-8), and
the server device (fig 2 shows the server device 200) includes: an estimator that estimates a skeletal model of the target person in the image based on the image captured by the camera (fig 6,7 and 8 (805) and para 0215 shows and discloses estimating a skeletal model of the target person in the image based on the image captured by the camera). As seen in fig 6, para 0219, 230 GUACK shows and discloses determining a 3D region (i.e a cube 311 around a wrist skeleton model as seen in fig 6). GUACK is silent and however fails to disclose an instructor that instructs a target person to perform a specific action for rehabilitation for which a determination criterion is set in advance and a setter that sets a plurality of three-dimensional regions around the skeletal model based on positions of a plurality of skeletal points in the skeletal model estimated; an identifier that identifies, among the plurality of three-dimensional regions set, a three-dimensional region which includes a skeletal point of a wrist of the target person in the specific action; and a determiner that determines a state of activities of daily living of the target person based on a comparison between the three-dimensional region identified and the determination criterion.
Liu discloses an instructor that instructs a target person to perform a specific action (figs 2-3, paras 0019-0022, 0026, 0059, 0072, 0074, 0092, 0101-0102 shows and discloses instructing a user (i.e target person) to perform the specific action (‘i.e an activity such as bend the body and pick up) and recognizing the action meeting the above limitations, examiner notes that the specifics of “a specific action” are not required by the current claim) and a setter that sets a plurality of three-dimensional regions around the skeletal model based on positions of a plurality of skeletal points in the skeletal model estimated (figs 2 (204), 3, paras 0049-0050, 0065, 0090-0091 discloses “for each joint j, it’s local region may be partitioned into NxXNyXNz grid (i.e setting a plurality of 3D regions (3Dgrid) based on the plurality of the skeletal points (i.e each joint) in the skeletal model as seen in figs 2, 3 meeting the above claim limitations, examiner notes that the specifics of a plurality of the 3D regions are not required by the current claim); an identifier that identifies, among the plurality of three-dimensional regions set, a three-dimensional region which includes a skeletal point of a wrist of the target person in the specific action (fig 2, fig 8 (809, 811) and paras 0050-0052, 0056, 0252 shows identifying, among the plurality of three-dimensional regions set, a three- dimensional region where a skeletal point of a wrist of the target person is located (i.e determining a 3D joint (a three dimensional region) position (i.e location)) in the specific action (i.e picking up) meeting the claim limitations); and a determiner that determines a state of activities of daily living of the target person based on (figs 2-3, fig 8 (809, 811), paras 0021-0022, 0059, 0252 discloses determining a state of activities of daily living (such as bend the body and pick up) of the target person based on the three-dimensional region identified) specific action for rehabilitation for which a determination criterion is set in advance and a determiner that determines a state of activities of daily living of the target person based on a comparison between the three-dimensional region identified and the determination criterion.
NPL5 an instructor that instructs a target person to perform a specific action for rehabilitation for which a determination criterion is set in advance and a determiner that determines a state of activities of daily living of the target person based on a comparison between the three-dimensional region identified and the determination criterion (pages 9-10, 13-15 section 5 discloses performing a 3D evaluation of the upper limbs for the patients performing the tasks involving motion from rehabilitation exercises and analyzing 328 parameters (i.e three-dimensional region (upper limbs) identified and the determination criterion for rehabilitation set in advance, examiner notes that the specifics of the determination criterion are not required by the current claim) and the results obtained with MLS are compared with the gold standard MBS meeting the above claim limitations). Before the effective filing date of the invention was made, GUACK, Liu and NPL because they are from the same filed of endeavor and are analogous art of image processing. The suggestion/motivation would be an improved system/method at para 0067 as taught by Liu and an improved visualization of full 3D data in real-time (page 15 section 6) as taught by NPL5. Therefore, it would be obvious and within one of ordinary skill in the art to have recognized the advantages of Liu and NPL5 in the method/system of GUACK to obtain the invention as specified in claim 11.
Examiner's Note: Examiner has cited figures, and paragraphs in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested for the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Examiner has also cited references in PTO892 but not relied on, which are relevant and pertinent to the applicant’s disclosure, and may also be reading (anticipatory/obvious) on the claims and claimed limitations. Applicant is advised to consider the references in preparing the response/amendments in-order to expedite the prosecution.
Allowable Subject Matter
Claims 2 and 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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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JAYESH PATEL
Primary Examiner
Art Unit 2677
/JAYESH A PATEL/ Primary Examiner, Art Unit 2677