WEARABLE MUSCLE TISSUE TENSIOMETER WITH BILATERAL WORK AND POWER MEASUREMENT
FIRST OFFICE ACTION
DRAWINGS
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the element numbers 46, 82, and 101 which are set forth in the specification.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the element numbers 36c and 100 which are not set forth in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the element numbers in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office Action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). The objection to the drawings will not be held in abeyance.
TITLE
The title has been considered and approved.
ABSTRACT
The abstract has been considered and approved.
SPECIFICATION
The specification has been considered and approved.
CLAIMS
In the event that the determination of the status of the application as subject to AIA is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the rationale supporting the rejection would be the same.
35 U.S.C. § 103
In accordance with 35 U.S.C. 103, 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 of this title, 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.
Claims 1 - 3, 5, 6, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (11,185,270).
With respect to independent claim 1, Yang sets forth a kinetics monitoring system comprising:
a sensor attachable to an individual to measure tension of a muscle tissue (col. 3, lines 6+);
a motion tracker attachable to an individual to measure muscle tissue extension (col. 3, lines 33+); and
an electronic computer communicating with the tensiometer and the motion tracker to combine tension measures and the muscle tissue extension measures to provide outputs indicating muscle tissue energy usage (Fig. 2).
Yang fails to explicitly teach that the sensor is a tensiometer as claimed by the Applicant.
However it would have been obvious to one having ordinary skill in the art armed with the Yang teaching to interpret the taught sensor as a tensiometer as claimed.
The motivation being that the tensiometer is defined in the claim as being a device which is attachable to an individual to measure tension of a muscle tissue. The sensor of Yang is attachable to an individual and measures tension of a muscle tissue (abstract).
With respect to claim 2, Yang sets forth that the device is wearable and thus suggests a housing holding the electronic computer and a power supply which provides electrical power to the electronic computer, the tensiometer, and the motion tracker wherein the housing is adapted to be supported on the individual.
With respect to claim 3, Yang sets forth a wireless transmitter transmitting the output indicating muscle tissue energy usage (col. 2, line 60).
With respect to claim 5, Yang sets forth that the motion tracker is an inertial motion tracker determining position through patient-supported inertial sensors (col. 4, lines 50+).
With respect to claim 6, Yang sets forth a wearable display adapted to be supported on the individual to provide a display indicating muscle tissue energy usage (col. 5, lines 62+).
With respect to claim 10, Yang sets forth that the computer includes an anatomical model relating motion of the individual to muscle extension (col. 4, lines 47+).
With respect to claim 11, Yang suggests that the energy usage is work (ie. the energy/work needed to tense a muscle).
Allowable Subject Matter
Claims 4, 7 - 9, and 12 - 16 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.
With respect to claim 4, the prior art fails to teach or suggest a shear wave tensiometer deducing tension from a monitoring of shear wave speed through the muscle tissue.
With respect to claim 7, the prior art fails to teach or suggest two tensiometers attached to a left and right side limb of the individual to measure tension of muscle tissue as claimed.
With respect to claim 8, the prior art fails to teach or suggest two tensiometers attached to a first and second side of a joint of a limb of the individual and a motion tracker as claimed.
With respect to claim 9, the prior art fails to teach or suggest two tensiometers attached to a first and second different muscle tissues and a motion tracker as claimed.
With respect to claims 12 - 16, the prior art fails to teach or suggest that the tensiometer includes a flexible sheet supporting in separation a shear wave actuator for imparting a shear wave to a proximate muscle tissue and a shear wave sensor spaced from the shear wave actuator for measuring an arrival of the shear wave at the proximate sensor.
CITED DOCUMENTS
The Applicant’s attention is directed to the “PTO-892” form for the relevant art made of record at the time of this Office Action.
CONTACT INFORMATION
Any inquiry concerning this communication from the Examiner should be directed to Eric S. McCall whose telephone number is 571-272-2183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, the Applicant is advised to use the USPTO Automated Interview Request (AIR) Form at:
https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/Eric S. McCall/Primary Examiner
Art Unit 2855