DETAILED ACTION
Applicant’s arguments, filed on 05/13/2026, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed on 05/13/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1 and 5-10 are the current claims hereby under examination.
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 Objections
Claim 7 is objected to because of the following informalities:
In claim 7, line 11, “the screen of the mobile terminal” should read “a screen of a mobile terminal”, as there is a lack of antecedent basis in the claims for these limitations.
Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 limitations are: “a data acquisition device” in claim 8.
Regarding “a data acquisition device” limitation in claim 8:
(A) “a data acquisition device” is a generic placeholder for “means for”.
(B) The functional language that modifies “a data acquisition device” is the steps of measuring spatial acceleration and spatial angular velocity, generates the sensor data based on the spatial acceleration and spatial angular velocity, and transmits the sensor data to the walking index calculation device.
(C) “a data acquisition device” is not modified by sufficient structure for performing the claimed functions, therefore 35 U.S.C. 112(f) is invoked.
The corresponding structure for “a data acquisition device” in claim 8 configured to “measure spatial acceleration and spatial angular velocity, generates the sensor data based on the spatial acceleration and spatial angular velocity, and transmits the sensor data to the walking index calculation device” will be interpreted as including an acceleration sensor and an angular velocity sensor, as described in paragraph [0022] of the instant specification ([0022]: “The data acquisition device 11 includes an acceleration sensor and an angular velocity sensor”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Greene (US 20130060512) in view of Kong (US 20180132757) and Yamamoto (JP 2020092955). Citations to JP 2020092955 will refer to the English Machine Translation that accompanies this Office Action.
Regarding independent claim 1, Greene teaches a walking index calculation device (Abstract: “Methods, systems, and apparatus for deriving a relationship between minimum ground clearance (MGC) and inertial sensor data”) comprising:
a memory storing instructions ([0054]: “The operations described above may be implemented in executable software as a set of logic instructions stored in a machine- or computer-readable medium of a memory such as random access memory (RAM), read only memory (ROM), programmable ROM (PROM), firmware, flash memory, etc., in fixed-functionality hardware using circuit technology such as application specific integrated circuit (ASIC), complementary metal oxide semiconductor (CMOS) or transistor-transistor logic (TTL) technology, or any combination thereof. For example, computer program code to carry out operations may be written in any combination of one or more programming languages”), and
a processor connected to the memory ([0055]: “the processor 48 may include one or more processor cores 58 capable of running a falls assessment program, frailty assessment program, gait assessment program, or other software with instructions stored in the system memory 50”) and configured to execute the instructions to:
generate a walking waveform by using sensor data regarding motion of a foot ([0029]: “The walking trial in which the inertial sensor data are generated may be part of a gait analysis in which a person's motion is measured while the person is walking a distance (e.g. 15 m or 30 m) in a straight path”) acquired by a sensor installed in footwear worn by a user ([0009]: “The regression model may be generated based on sensor data from a particular person, and may further be generated based on sensor data from a particular body segment, such as a left shank or a left foot.”; [0035]: “each marker may be placed on the lateral aspect of the fifth metatarsal head of each foot, on the exterior of the individual's shoes”);
detect a timing, at which a clearance of a toe is minimized, from the walking waveform ([0028]: “MGC, also called minimum toe clearance (MTC), may be defined as the minimum distance between the foot and the ground during a swing-phase of a gait cycle. At that instant, the foot may be at or near its maximum velocity, the center of mass of the body is outside its base of support, and a small positional error could result in collision with the ground. Thus, low MGC may be a trip hazard and an indication of a risk of falling, such as in the elderly population. Because measuring MGC with an optical motion capture system may require expensive, specialized equipment and personnel, the MGC and MGC parameters, or their estimates, may instead be calculated from parameters measured by or derived from one or more inertial sensors mounted on a person's body, such as his or her feet or legs. The calculation may be based on a regression model that estimates the MGC as a function of the inertial sensor parameters.”; [0039]: “FIG. 3B shows events that may be identified and labeled from the inertial sensors' angular velocity data. For example, FIG. 3B shows that initial contact (i.e. toe-off) points during a walk may be identified as the points where angular velocity is the lowest, and mid-swing points may be identified as the points where angular velocity is the highest.”; Claim 6: “calculating the estimate of the minimum ground clearance parameter is based on a mean angular velocity at a mid-swing point”. Fig. 3B shows the step of determining the timing of the mid-swing point, which is the timing at which the minimum ground clearance is determined.), by detecting, from a waveform, a timing as appearing between 40 and 60% of a gait cycle starting from a start timing of a support end stage as the timing at which the clearance of the toe is minimized (Claim 6: “calculating the estimate of the minimum ground clearance parameter is based on a mean angular velocity at a mid-swing point”. The MGC is calculated at the mid-swing point, which is located between 40% and 60% of the gait cycle, as shown in Fig. 3B).
However, Greene does not specifically teach the waveform being a vertical acceleration waveform and the timing being a zero crossing.
Kong discloses an apparatus and method for activity monitoring and gait analysis. Specifically, Kong teaches detecting, from a waveform of a vertical acceleration, a timing of zero crossing as appearing between 40 and 60% of a gait cycle starting from a start timing of a support end stage as the timing at which the clearance of the toe is minimized (Fig. 7; [0085]: “Swing event identification unit 518 (FIG. 12) identifies leg swing events based on specific characteristics of accelerometer waveforms. The following characteristics are evident for the filtered y-axis accelerometer data waveform 318 (FIG. 7) associated with a leg swing event 336 (i.e., a stride) (FIG. 7) when the user is making a stride: a segment (negative phase, 332 in FIG. 7) of the waveform is below the negative zero-crossing threshold 312, followed immediately by a larger segment (positive phase, 334 in FIG. 7) of the waveform being above the positive zero-crossing threshold 314. Areas of the positive and negative phases are calculated.”; [0146]: “Leg swing is a critical and necessary component in walking and running. Swing event identification unit 518 (FIG. 12) identifies components in the acceleration or gyroscope data waveforms characteristic to leg swings. The timing of events like toe-off and heel strike associated with each leg swing is extracted from the waveform features”. Fig. 7 shows a graph of the vertical acceleration being used to determine the timing of events during a leg swing, which can include an event such as when the toe clearance is minimized. One of ordinary skill in the art would know that the time in which the toe clearance is minimized is when there is a zero crossing in the vertical acceleration waveform, since as stated in Greene, the minimum toe clearance is when the foot is at or near its maximum velocity, which is analogous to a zero crossing of an acceleration waveform (Greene, [0028]: “MGC, also called minimum toe clearance (MTC), may be defined as the minimum distance between the foot and the ground during a swing-phase of a gait cycle. At that instant, the foot may be at or near its maximum velocity).). Greene and Kong are analogous art as they are both in the same field of endeavor of monitoring a user’s gait.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the waveform being a vertical acceleration waveform from Kong into the device from Greene as it is another known way to evaluate the timing of events in a walking stride of a user, and therefore would be a simple substitution.
The Greene/Kong combination teaches calculating a minimum value of the clearance of the toe by using a walking parameter at the timing at which the clearance of the toe is minimized ([0005]: “One aspect of this invention relates to calculating a minimum ground clearance (MGC) of a person by using data acquired from inertial sensors mounted on the person”; [0028]: “MGC, also called minimum toe clearance (MTC)”; [0028]: “The calculation may be based on a regression model that estimates the MGC as a function of the inertial sensor parameters”; [0036]: “A relationship may be derived between data from the inertial sensors and data from the optical capture system so that subsequent measurements collected by the inertial sensors (e.g., angular velocity and acceleration data) may be used to estimate parameters (e.g., MGC) that would otherwise have required the optical motion capture system to measure”. The walking parameter is the inertial sensor parameters, such as angular velocity and acceleration data.).
However, the Greene/Kong combination does not teach calculating a minimum value of the clearance of the toe by using a walking parameter at the timing, at which the clearance of the toe is minimized, and by using a value of a height of the sensor detected from a waveform of a vertical trajectory and a value of a rotation angle in a sagittal plane detected from a waveform of the rotation angle in the sagittal plane as at the timing at which the clearance of the toe is minimized
Yamamoto teaches a device for measuring the walking parameters of a user. Specifically, Yamamoto teaches calculating a minimum value of the clearance of the toe by using a value of a height of the sensor detected from a waveform of a vertical trajectory and a value of a rotation angle in a sagittal plane detected from a waveform of the rotation angle in the sagittal plane (Fig. 7; [0036]-[0038], b is the height of the sensor, the rotation angle is α, the minimum value of the clearance of the toe is d, and the measurement of the height of the sensor throughout the movement of the foot is the waveform of a vertical trajectory.). Greene, Kong, and Yamamoto are analogous art as they are all in the same field of endeavor of systems used to monitor a user’s walking.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the steps used to determine minimum value of the toe clearance from Yamamoto into the Greene/Kong combination as it is another known calculation method used to determine the toe clearance, therefore it is a simple substitution of the method from Yamamoto into the Greene/Kong combination.
The Greene/Kong/Yamamoto combination teaches determining a risk of falling of the user based on the minimum value of the toe clearance (Greene, [0028]: “The calculated MGC may be used as part of a falls risk assessment”).
However, the Greene/Kong/Yamamoto combination does not teach outputting information regarding the determined risk of falling of the user.
Kong teaches outputting information regarding the determined risk of falling of the user (Claim 15: “said output of said determination unit is communicated to the user through a connected device.”. The output of said determination unit can be the fall risk assessment from Greene.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the output from Kong into the device from the Greene/Kong/Yamamoto combination as it allows the device to show the user their risk of falling, which can keep them more alert and allow them to change their gait to ensure they do not fall if it is needed.
Regarding claim 8, the Greene/Kong/Yamamoto combination teaches a walking index calculation system comprising: the walking index calculation device according to claim 1 (see the rejection of claim 1); and a data acquisition device that measures spatial acceleration and spatial angular velocity, generates the sensor data based on the spatial acceleration and the spatial angular velocity, and transmits the sensor data to the walking index calculation device (Greene, [0033]: “The inertial sensor parameters, such as acceleration or angular velocity, may be collected from each axis of the inertial sensors”; [0056]: “the network controller 54 obtains angular velocity data 62 wirelessly (e.g., from a data aggregator over a Bluetooth connection), and provides the angular velocity data 62 to the processor 48 for further analysis. The illustrated processor 48 calculates MGC 64 and other parameters and may generate a falls risk assessment”).
Regarding independent claim 9, Greene teaches an estimation method executed by a computer (Abstract: “Methods, systems, and apparatus for deriving a relationship between minimum ground clearance (MGC) and inertial sensor data”), the method comprising:
generating a walking waveform by using sensor data regarding motion of a foot ([0029]: “The walking trial in which the inertial sensor data are generated may be part of a gait analysis in which a person's motion is measured while the person is walking a distance (e.g. 15 m or 30 m) in a straight path”) acquired by a sensor installed in footwear worn by a user ([0009]: “The regression model may be generated based on sensor data from a particular person, and may further be generated based on sensor data from a particular body segment, such as a left shank or a left foot.”; [0035]: “each marker may be placed on the lateral aspect of the fifth metatarsal head of each foot, on the exterior of the individual's shoes”);
detecting a timing, at which a clearance of a toe is minimized, from the walking waveform ([0028]: “MGC, also called minimum toe clearance (MTC), may be defined as the minimum distance between the foot and the ground during a swing-phase of a gait cycle. At that instant, the foot may be at or near its maximum velocity, the center of mass of the body is outside its base of support, and a small positional error could result in collision with the ground. Thus, low MGC may be a trip hazard and an indication of a risk of falling, such as in the elderly population. Because measuring MGC with an optical motion capture system may require expensive, specialized equipment and personnel, the MGC and MGC parameters, or their estimates, may instead be calculated from parameters measured by or derived from one or more inertial sensors mounted on a person's body, such as his or her feet or legs. The calculation may be based on a regression model that estimates the MGC as a function of the inertial sensor parameters.”; [0039]: “FIG. 3B shows events that may be identified and labeled from the inertial sensors' angular velocity data. For example, FIG. 3B shows that initial contact (i.e. toe-off) points during a walk may be identified as the points where angular velocity is the lowest, and mid-swing points may be identified as the points where angular velocity is the highest.”; Claim 6: “calculating the estimate of the minimum ground clearance parameter is based on a mean angular velocity at a mid-swing point”. Fig. 3B shows the step of determining the timing of the mid-swing point, which is the timing at which the minimum ground clearance is determined.), by detecting, from a waveform, a timing as appearing between 40 and 60% of a gait cycle starting from a start timing of a support end stage as the timing at which the clearance of the toe is minimized (Claim 6: “calculating the estimate of the minimum ground clearance parameter is based on a mean angular velocity at a mid-swing point”. The MGC is calculated at the mid-swing point, which is located between 40% and 60% of the gait cycle, as shown in Fig. 3B).
However, Greene does not specifically teach the waveform being a vertical acceleration waveform and the timing being a zero crossing.
Kong discloses an apparatus and method for activity monitoring and gait analysis. Specifically, Kong teaches detecting, from a waveform of a vertical acceleration, a timing of zero crossing as appearing between 40 and 60% of a gait cycle starting from a start timing of a support end stage as the timing at which the clearance of the toe is minimized (Fig. 7; [0085]: “Swing event identification unit 518 (FIG. 12) identifies leg swing events based on specific characteristics of accelerometer waveforms. The following characteristics are evident for the filtered y-axis accelerometer data waveform 318 (FIG. 7) associated with a leg swing event 336 (i.e., a stride) (FIG. 7) when the user is making a stride: a segment (negative phase, 332 in FIG. 7) of the waveform is below the negative zero-crossing threshold 312, followed immediately by a larger segment (positive phase, 334 in FIG. 7) of the waveform being above the positive zero-crossing threshold 314. Areas of the positive and negative phases are calculated.”; [0146]: “Leg swing is a critical and necessary component in walking and running. Swing event identification unit 518 (FIG. 12) identifies components in the acceleration or gyroscope data waveforms characteristic to leg swings. The timing of events like toe-off and heel strike associated with each leg swing is extracted from the waveform features”. Fig. 7 shows a graph of the vertical acceleration being used to determine the timing of events during a leg swing, which can include an event such as when the toe clearance is minimized. One of ordinary skill in the art would know that the time in which the toe clearance is minimized is when there is a zero crossing in the vertical acceleration waveform, since as stated in Greene, the minimum toe clearance is when the foot is at or near its maximum velocity, which is analogous to a zero crossing of an acceleration waveform (Greene, [0028]: “MGC, also called minimum toe clearance (MTC), may be defined as the minimum distance between the foot and the ground during a swing-phase of a gait cycle. At that instant, the foot may be at or near its maximum velocity).). Greene and Kong are analogous art as they are both in the same field of endeavor of monitoring a user’s gait.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the waveform being a vertical acceleration waveform from Kong into the method from Greene as it is another known way to evaluate the timing of events in a walking stride of a user, and therefore would be a simple substitution.
The Greene/Kong combination teaches calculating a minimum value of the clearance of the toe by using a walking parameter at the timing at which the clearance of the toe is minimized ([0005]: “One aspect of this invention relates to calculating a minimum ground clearance (MGC) of a person by using data acquired from inertial sensors mounted on the person”; [0028]: “MGC, also called minimum toe clearance (MTC)”; [0028]: “The calculation may be based on a regression model that estimates the MGC as a function of the inertial sensor parameters”; [0036]: “A relationship may be derived between data from the inertial sensors and data from the optical capture system so that subsequent measurements collected by the inertial sensors (e.g., angular velocity and acceleration data) may be used to estimate parameters (e.g., MGC) that would otherwise have required the optical motion capture system to measure”. The walking parameter is the inertial sensor parameters, such as angular velocity and acceleration data.).
However, the Greene/Kong combination does not teach calculating a minimum value of the clearance of the toe by using a walking parameter at the timing, at which the clearance of the toe is minimized, and by using a value of a height of the sensor detected from a waveform of a vertical trajectory and a value of a rotation angle in a sagittal plane detected from a waveform of the rotation angle in the sagittal plane as at the timing at which the clearance of the toe is minimized
Yamamoto teaches a device for measuring the walking parameters of a user. Specifically, Yamamoto teaches calculating a minimum value of the clearance of the toe by using a value of a height of the sensor detected from a waveform of a vertical trajectory and a value of a rotation angle in a sagittal plane detected from a waveform of the rotation angle in the sagittal plane (Fig. 7; [0036]-[0038], b is the height of the sensor, the rotation angle is α, the minimum value of the clearance of the toe is d, and the measurement of the height of the sensor throughout the movement of the foot is the waveform of a vertical trajectory.). Greene, Kong, and Yamamoto are analogous art as they are all in the same field of endeavor of systems used to monitor a user’s walking.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the steps used to determine minimum value of the toe clearance from Yamamoto into the Greene/Kong combination as it is another known calculation method used to determine the toe clearance, therefore it is a simple substitution of the method from Yamamoto into the Greene/Kong combination.
The Greene/Kong/Yamamoto combination teaches determining a risk of falling of the user based on the minimum value of the toe clearance (Greene, [0028]: “The calculated MGC may be used as part of a falls risk assessment”).
However, the Greene/Kong/Yamamoto combination does not teach outputting information regarding the determined risk of falling of the user.
Kong teaches outputting information regarding the determined risk of falling of the user (Claim 15: “said output of said determination unit is communicated to the user through a connected device.”. The output of said determination unit can be the fall risk assessment from Greene.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the output from Kong into the device from the Greene/Kong/Yamamoto combination as it allows the device to show the user their risk of falling, which can keep them more alert and allow them to change their gait to ensure they do not fall if it is needed.
Regarding independent claim 10, Greene teaches a non-transitory program recording medium recorded with a program causing a computer to perform the following processes (Claim 11: “A non-transitory computer-readable medium, the computer-readable medium comprising one or more instructions that, when executed by one or more processors, cause the one or more processors to: calculate, with a regression model, an estimate of a minimum ground clearance parameter of a person associated with motion data, wherein an input to the regression model comprises the motion data, and wherein the motion data comprises data obtained by one or more inertial sensors mounted on the person's body.”):
generating a walking waveform by using sensor data regarding motion of a foot ([0029]: “The walking trial in which the inertial sensor data are generated may be part of a gait analysis in which a person's motion is measured while the person is walking a distance (e.g. 15 m or 30 m) in a straight path”) acquired by a sensor installed in footwear worn by a user ([0009]: “The regression model may be generated based on sensor data from a particular person, and may further be generated based on sensor data from a particular body segment, such as a left shank or a left foot.”; [0035]: “each marker may be placed on the lateral aspect of the fifth metatarsal head of each foot, on the exterior of the individual's shoes”);
detecting a timing, at which a clearance of a toe is minimized, from the walking waveform ([0028]: “MGC, also called minimum toe clearance (MTC), may be defined as the minimum distance between the foot and the ground during a swing-phase of a gait cycle. At that instant, the foot may be at or near its maximum velocity, the center of mass of the body is outside its base of support, and a small positional error could result in collision with the ground. Thus, low MGC may be a trip hazard and an indication of a risk of falling, such as in the elderly population. Because measuring MGC with an optical motion capture system may require expensive, specialized equipment and personnel, the MGC and MGC parameters, or their estimates, may instead be calculated from parameters measured by or derived from one or more inertial sensors mounted on a person's body, such as his or her feet or legs. The calculation may be based on a regression model that estimates the MGC as a function of the inertial sensor parameters.”; [0039]: “FIG. 3B shows events that may be identified and labeled from the inertial sensors' angular velocity data. For example, FIG. 3B shows that initial contact (i.e. toe-off) points during a walk may be identified as the points where angular velocity is the lowest, and mid-swing points may be identified as the points where angular velocity is the highest.”; Claim 6: “calculating the estimate of the minimum ground clearance parameter is based on a mean angular velocity at a mid-swing point”. Fig. 3B shows the step of determining the timing of the mid-swing point, which is the timing at which the minimum ground clearance is determined.), by detecting, from a waveform, a timing as appearing between 40 and 60% of a gait cycle starting from a start timing of a support end stage as the timing at which the clearance of the toe is minimized (Claim 6: “calculating the estimate of the minimum ground clearance parameter is based on a mean angular velocity at a mid-swing point”. The MGC is calculated at the mid-swing point, which is located between 40% and 60% of the gait cycle, as shown in Fig. 3B).
However, Greene does not specifically teach the waveform being a vertical acceleration waveform and the timing being a zero crossing.
Kong discloses an apparatus and method for activity monitoring and gait analysis. Specifically, Kong teaches detecting, from a waveform of a vertical acceleration, a timing of zero crossing as appearing between 40 and 60% of a gait cycle starting from a start timing of a support end stage as the timing at which the clearance of the toe is minimized (Fig. 7; [0085]: “Swing event identification unit 518 (FIG. 12) identifies leg swing events based on specific characteristics of accelerometer waveforms. The following characteristics are evident for the filtered y-axis accelerometer data waveform 318 (FIG. 7) associated with a leg swing event 336 (i.e., a stride) (FIG. 7) when the user is making a stride: a segment (negative phase, 332 in FIG. 7) of the waveform is below the negative zero-crossing threshold 312, followed immediately by a larger segment (positive phase, 334 in FIG. 7) of the waveform being above the positive zero-crossing threshold 314. Areas of the positive and negative phases are calculated.”; [0146]: “Leg swing is a critical and necessary component in walking and running. Swing event identification unit 518 (FIG. 12) identifies components in the acceleration or gyroscope data waveforms characteristic to leg swings. The timing of events like toe-off and heel strike associated with each leg swing is extracted from the waveform features”. Fig. 7 shows a graph of the vertical acceleration being used to determine the timing of events during a leg swing, which can include an event such as when the toe clearance is minimized. One of ordinary skill in the art would know that the time in which the toe clearance is minimized is when there is a zero crossing in the vertical acceleration waveform, since as stated in Greene, the minimum toe clearance is when the foot is at or near its maximum velocity, which is analogous to a zero crossing of an acceleration waveform (Greene, [0028]: “MGC, also called minimum toe clearance (MTC), may be defined as the minimum distance between the foot and the ground during a swing-phase of a gait cycle. At that instant, the foot may be at or near its maximum velocity).). Greene and Kong are analogous art as they are both in the same field of endeavor of monitoring a user’s gait.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the waveform being a vertical acceleration waveform from Kong into the method from Greene as it is another known way to evaluate the timing of events in a walking stride of a user, and therefore would be a simple substitution.
The Greene/Kong combination teaches calculating a minimum value of the clearance of the toe by using a walking parameter at the timing at which the clearance of the toe is minimized ([0005]: “One aspect of this invention relates to calculating a minimum ground clearance (MGC) of a person by using data acquired from inertial sensors mounted on the person”; [0028]: “MGC, also called minimum toe clearance (MTC)”; [0028]: “The calculation may be based on a regression model that estimates the MGC as a function of the inertial sensor parameters”; [0036]: “A relationship may be derived between data from the inertial sensors and data from the optical capture system so that subsequent measurements collected by the inertial sensors (e.g., angular velocity and acceleration data) may be used to estimate parameters (e.g., MGC) that would otherwise have required the optical motion capture system to measure”. The walking parameter is the inertial sensor parameters, such as angular velocity and acceleration data.).
However, the Greene/Kong combination does not teach calculating a minimum value of the clearance of the toe by using a walking parameter at the timing, at which the clearance of the toe is minimized, and by using a value of a height of the sensor detected from a waveform of a vertical trajectory and a value of a rotation angle in a sagittal plane detected from a waveform of the rotation angle in the sagittal plane as at the timing at which the clearance of the toe is minimized
Yamamoto teaches a device for measuring the walking parameters of a user. Specifically, Yamamoto teaches calculating a minimum value of the clearance of the toe by using a value of a height of the sensor detected from a waveform of a vertical trajectory and a value of a rotation angle in a sagittal plane detected from a waveform of the rotation angle in the sagittal plane (Fig. 7; [0036]-[0038], b is the height of the sensor, the rotation angle is α, the minimum value of the clearance of the toe is d, and the measurement of the height of the sensor throughout the movement of the foot is the waveform of a vertical trajectory.). Greene, Kong, and Yamamoto are analogous art as they are all in the same field of endeavor of systems used to monitor a user’s walking.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the steps used to determine minimum value of the toe clearance from Yamamoto into the Greene/Kong combination as it is another known calculation method used to determine the toe clearance, therefore it is a simple substitution of the method from Yamamoto into the Greene/Kong combination.
The Greene/Kong/Yamamoto combination teaches determining a risk of falling of the user based on the minimum value of the toe clearance (Greene, [0028]: “The calculated MGC may be used as part of a falls risk assessment”).
However, the Greene/Kong/Yamamoto combination does not teach outputting information regarding the determined risk of falling of the user.
Kong teaches outputting information regarding the determined risk of falling of the user (Claim 15: “said output of said determination unit is communicated to the user through a connected device.”. The output of said determination unit can be the fall risk assessment from Greene.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the output from Kong into the device from the Greene/Kong/Yamamoto combination as it allows the device to show the user their risk of falling, which can keep them more alert and allow them to change their gait to ensure they do not fall if it is needed.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over the Greene/Kong/Yamamoto combination as applied to claim 1 above, and further in view of Huang (US 20180279915).
Regarding claim 7, the Greene/Kong/Yamamoto combination teaches the walking index calculation device according to claim 1.
However, the Greene/Kong/Yamamoto combination does not teach wherein the processor is configured to execute the instructions to estimate the minimum value of the clearance of the toe by inputting the value of the height of the sensor and the value of the rotation angle in the sagittal plane at the timing at which the clearance of the toe is minimum into a machine learning model generated by machine learning with values of the vertical height and values of the rotation angle in the sagittal plane as explanatory variables and the minimum value of the toe clearance as the objective variable, and display the determination result of the fall risk of the user according to the estimated minimum value of the toe clearance on the screen of the mobile terminal used by the user with content optimized for healthcare application.
Huang discloses a wearable gait analysis system. Specifically, Huang teaches wherein the processor is configured to execute the instructions to estimate the minimum value of the clearance of the toe by inputting the value of the height of the sensor and the value of the rotation angle in the sagittal plane at the timing at which the clearance of the toe is minimum into a machine learning model generated by machine learning with values of the vertical height and values of the rotation angle in the sagittal plane as explanatory variables and the minimum value of the toe clearance as an objective variable ([0031]: “the statistical or machine learning-based classification applied by the classifier 46 can employ one or more pattern recognition classifiers, each of which utilize the extracted features or a subset of the extracted features to determine an appropriate clinical parameter”. The vertical height and the values of the rotation angle are the known values, therefore they are the explanatory variables in the machine learning model, and the minimum value of the toe clearance is what the model determines, therefore it is the objective variable.), and display the determination result of the fall risk of the user according to the estimated minimum value of the toe clearance on the screen of the mobile terminal used by the user ([0049]: “The JavaFX program is a user interface 102 on a PC 100 for ease of display and analysis of the data collected from the Wearable Gait Lab system”). ”). Greene, Kong, Yamamoto, and Huang are analogous art as they are all directed to the same field of endeavor of systems used to monitor a user’s walking.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the machine learning from Huang in the Greene/Kong/Yamamoto combination as it allows for faster and easier processing of the data to determine the minimum toe clearance.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over the Greene/Kong/Yamamoto combination as applied to claim 1 above, and further in view of Barth (EP 3257437) and Math is Fun (“Finding a Side in a Right Triangle”).
Regarding claim 5, the Greene/Kong/Yamamoto combination teaches the walking index calculation device according to claim 3.
However, the Greene/Kong/Yamamoto combination is silent on the calculation process.
Barth discloses a system for analyzing human gait. Specifically, Berth teaches wherein the processor is configured to execute the instructions to, at the timing at which the clearance of the toe is minimized as detected from the walking waveform, calculate a first value by using trigonometric functions to calculate a first value, calculate a second value by subtracting the first value from the value of the height of the sensor at the timing at which the clearance of the toe is minimized, and add a value of a height of the sensor at a timing of sole strike and the second value to calculate the minimum value of the clearance of the toe ([0045]: “With the help of trigonometric functions and the angle at toe off event, the distance between sensor and toes can be estimated. The sensor-toe distance again can be subtracted or added from the sensor clearance dependent on the foot angle with the help of trigonometric functions to calculate the toe clearance”. As Greene is looking to identify the minimum toe clearance, this toe clearance calculation can be applied to determine the minimum toe clearance.). Greene, Kong, Yamamoto, and Barth are analogous art as they are all directed to the same field of endeavor of systems used to monitor a user’s walking.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the calculations from Barth into the Greene/Kong/Yamamoto combination as the combination is silent on the calculations used, and Barth discloses suitable calculations in an analogous device.
However, the Greene/Kong/Yamamoto/Barth combination is silent on what trigonometric functions are used.
Math is Fun discloses equations used to find the side in a right triangle. Specifically, Math is Fun teaches calculating the first value by multiplying a sine of the rotation angle in the sagittal plane by a position of the sensor in an advancing direction at the timing at which the clearance of the toe is minimized (Pages 1-4. The rotation angle is θ, the position of the sensor in the advancing direction is the hypotenuse, and the first value is the opposite side of the right triangle, therefore the equation to determine the first value is multiplying the sine of the rotation angle by the position of the sensor to determine the first value based on the equations used to find a side in a right angled triangle as disclosed in Math is Fun.). Barth and Math is Fun are analogous arts as they both use trigonometric equations to calculate parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the equation from Math is Fun in the Greene/Kong/Yamamoto/Barth combination as the combination is silent on the specific equations used, and Math is Fun discloses the specific equations in an analogous art.
Regarding claim 6, the Greene/Kong/Yamamoto/Barth/Math is Fun combination teaches the walking index calculation device according to claim 5, wherein the processor is configured to execute the instructions to calculate the position of the sensor in the advancing direction by using the walking parameter at a timing of toe off detected from the walking waveform, and calculate the minimum value of the clearance of the toe by using the position of the sensor in the advancing direction (Barth, [0045]: “With the help of trigonometric functions and the angle at toe off event, the distance between sensor and toes can be estimated. The sensor-toe distance again can be subtracted or added from the sensor clearance dependent on the foot angle with the help of trigonometric functions to calculate the toe clearance”. The walking parameter used for calculating the position of the sensor is the angle at toe off event.).
Response to Arguments
All of applicant’s argument regarding the rejections and objections previously set forth have been fully considered and are persuasive unless directly addressed subsequently.
Applicant has amended the claims to overcome the previous claim objections, however the amendments have introduced a new claim objection of claim 7.
Applicant’s arguments with respect to the 103 rejections of the limitation “detecting from a waveform of a vertical acceleration, a timing of zero crossing” 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.
Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. While Applicant has not provided clear arguments against the prior art besides underlining claim limitations, it appears that Applicant is arguing that the references do not teach “detecting a timing of zero crossing as appearing between 40% and 60% of a gait cycle as the timing at which the clearance of the toe is minimized” and “detecting from a waveform of vertical trajectory … as at the timing at which the clearance of the toe is minimized”. However, as stated in the 103 rejection above, Greene teaches that the minimal toe clearance occurs at the mid-swing point, which is between 40% and 60% of a gait cycle (Claim 6: “calculating the estimate of the minimum ground clearance parameter is based on a mean angular velocity at a mid-swing point”. The MGC is calculated at the mid-swing point, which is located between 40% and 60% of the gait cycle, as shown in Fig. 3B), therefore this argument is not persuasive. Additionally, Applicant’s arguments that the references do not teach “detecting from a waveform of vertical trajectory … as at the timing at which the clearance of the toe is minimized” are also not persuasive, since as stated in the 103 rejection above, the measurement of the height of the sensor throughout the foot movement is the waveform of vertical trajectory, and the value of d represents the minimum value of the clearance of the toe, which is determined at the timing of the minimum toe clearance (Yamamoto, Fig. 7; [0036]-[0038], b is the height of the sensor, the rotation angle is α, the minimum value of the clearance of the toe is d, and the measurement of the height of the sensor throughout the movement of the foot is the waveform of a vertical trajectory.).
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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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791
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