Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a processor" in line 9. However, there was disclosure of “a processor” previously in line 8. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 1 recites the limitation "a footwear transitional program" in line 15. However, there was disclosure of “a footwear transitional program” previously in line 11-12. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 3 recites the limitation "a footstrike template at a corresponding point in the footwear transitional program". However, there was disclosure of “a footwear transitional program” previously in Claim 2 upon which Claim 3 depends. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 5 recites the limitation "a user" in line 2. However, there was disclosure of “a user” previously in line 5 of Claim 1. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 11 recites the limitation "a footstrike pattern" in line 3. However, there was disclosure of “a footstrike pattern” previously in line 21-22 of Claim 1. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 14 recites the limitation "a processor" in line 5. However, there was disclosure of “a processor” previously in line 4. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 16 recites the limitation "a deviation" in line 3. However, there was disclosure of “a deviation” previously in line 2. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
Claim 20 recites the limitation "a footwear transitional program" in line 15. However, there was disclosure of “a footwear transitional program” previously in line 11-12. It is not clear if these are the same element or distinct elements. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. Conversely, if the terms are to the same element, a consistent name should be used with “said” or “the” when referring back.
All dependent claims inherit the deficiencies of the claim(s) from which they depend and are similarly rejected for the same reason.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,918,854. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention appears to be broader in scope to U.S. Patent No. 11,918,854. The Examiner has provided a table showing similarities in limitations.
Application 18/427413
U.S. Patent No. 11,918,854
1. A system for transitioning from a first footwear type to a second footwear type different from the first footwear type, comprising:
1. A system for transitioning from a first footwear type to a second footwear type different from the first footwear type, comprising:
a sensor system comprising: at least one sensor engaged with an article of footwear and configured to sense biomechanical movement of a foot of a user; and an electronic module configured to collect data from the at least one sensor; and
a sensor system configured to sense biomechanical movement of a foot of a user, the sensor system comprising: a plurality of sensors engaged with an article of footwear of the second footwear type and configured to sense biomechanical movement of a foot of the user; and an electronic module configured to collect data based on input from the plurality of sensors; and
an electronic device in communication with the electronic module, wherein the electronic device includes a processor and a non-transitory computer-readable storage medium storing computer-executable instructions that, when executed, cause a processor to perform a method comprising:
an electronic device in communication with the electronic module, wherein the electronic device includes a processor and a non-transitory computer-readable storage medium storing computer-executable instructions that, when executed, cause a processor to perform a method comprising:
recording a plurality of athletic activities performed by the user as part of a footwear transitional program, wherein each of the plurality of athletic activities includes data from the electronic module; and
recording a plurality of athletic activities performed by the user as part of a footwear transitional program, wherein each of the plurality of athletic activities includes data from the electronic module;
comparing data from at least one of the plurality of athletic activities to a corresponding footstrike template of a footwear transitional program for transitioning from the first footwear type to the second footwear type, wherein the footwear transitional program includes a plurality of footstrike templates having incremental changes between consecutive footstrike templates and associated with transitioning to a preferred footstrike of the second footwear type, and wherein the plurality of footstrike templates includes a final footstrike template corresponding to a most preferred footstrike pattern of the second footwear type, and at least one intermediate footstrike template corresponding to a footstrike pattern between the preferred footstrike of the first footwear type and the preferred footstrike of the second footwear.
comparing data from each of the plurality of athletic activities to a corresponding footstrike template of a footwear transitional program for transitioning from the first footwear type to the second footwear type, wherein the footwear transitional program includes a plurality of footstrike templates having incremental changes between consecutive footstrike templates and associated with transitioning to a preferred footstrike of the second footwear type, wherein the preferred footstrike of the second footwear type differs from a preferred footstrike of the first footwear type, and wherein the plurality of footstrike templates includes a final footstrike template corresponding to a most preferred footstrike pattern of the second footwear type, and at least one intermediate footstrike template corresponding to a footstrike pattern between the preferred footstrike of the first footwear type and the preferred footstrike of the second footwear; and generating a footstrike analysis report on a display of the electronic device, wherein the footstrike analysis report includes footstrike analysis of the user based on comparing data from each of the plurality of athletic activities to a footstrike template at a corresponding point in the footwear transitional program
Application 18/427413
U.S. Patent No. 11,918,854
14. A system for transitioning from a first footwear type to a second footwear type, comprising:
14. A system for transitioning from a first footwear type to a second footwear type, comprising:
a sensor system configured to sense biomechanical movement of a foot of a user; and
a sensor system configured to sense biomechanical movement of a foot of a user, the sensor system comprising an electronic module configured to wirelessly transmit data generated by the sensor system; and
an electronic device in communication with the sensor system, wherein the electronic device includes a processor and a non-transitory computer-readable storage medium storing computer-executable instructions that, when executed, cause a processor to perform a method comprising:
an electronic device in communication with the electronic module, wherein the electronic device includes a processor and a non-transitory computer-readable storage medium storing computer-executable instructions that, when executed, cause a processor to perform a method comprising:
selecting a footwear transitional program, the footwear transitional program comprising a plurality of footstrike templates having incremental changes between consecutive footstrike templates and associated with transitioning to a preferred footstrike of the second footwear type, and wherein the plurality of footstrike templates includes a final footstrike template corresponding to a most preferred footstrike pattern of the second footwear type, and at least one intermediate footstrike template corresponding to a footstrike pattern between the preferred footstrike of the first footwear type and the preferred footstrike of the second footwear;
selecting a footwear transition program, each footwear transition program comprising a plurality of desired footstrike patterns corresponding to a preferred footstrike of the second footwear type; wherein the plurality of footstrike templates includes a final footstrike template corresponding to a most preferred footstrike pattern of the second footwear type, and at least one intermediate footstrike template corresponding to a footstrike pattern between the preferred footstrike of the first footwear type and the preferred footstrike of the second footwear; and
recording a plurality of athletic activities performed by the user as part of the footwear transitional program, wherein each of the plurality of athletic activities includes data from the sensor system; and
recording a plurality of athletic activities performed by the user as part of a footwear transitional program, wherein each of the plurality of athletic activities includes data from the electronic module; receiving the data from the electronic module;
comparing data from at least one of the plurality of athletic activities to a corresponding footstrike template of the footwear transitional program that corresponds to a current position in the footwear transitional program.
comparing data from each of the plurality of athletic activities to a corresponding footstrike template of a footwear transitional program for transitioning from the first footwear type to the second footwear type, wherein the footwear transitional program includes a plurality of footstrike templates having incremental changes between consecutive footstrike templates and associated with transitioning to a preferred footstrike of the second footwear type, wherein the preferred footstrike of the second footwear type differs from a preferred footstrike of the first footwear type, and
generating a footstrike analysis report on a display of the electronic device, wherein the footstrike analysis report includes footstrike analysis of the user based on comparing data from each of the plurality of athletic activities to a footstrike template at a corresponding point in the footwear transitional program.
Application 18/427413
U.S. Patent No. 11,918,854
20. A method for transitioning from a first footwear type to a second footwear type different from the first footwear type, the method comprising:
14. A system for transitioning from a first footwear type to a second footwear type, comprising:
a sensor system configured to sense biomechanical movement of a foot of a user,
the sensor system comprising an electronic module configured to wirelessly transmit data generated by the sensor system; and an electronic device in communication with the electronic module, wherein the electronic device includes a processor and a non-transitory computer-readable storage medium storing computer-executable instructions that, when executed, cause a processor to perform a method comprising:
selecting a footwear transitional program, the footwear transitional program comprising a plurality of footstrike templates having incremental changes between consecutive footstrike templates and associated with transitioning to a preferred footstrike of the second footwear type, and wherein the plurality of footstrike templates includes a final footstrike template corresponding to a most preferred footstrike pattern of the second footwear type, and at least one intermediate footstrike template corresponding to a footstrike pattern between the preferred footstrike of the first footwear type and the preferred footstrike of the second footwear;
receiving data from a sensor system recording a plurality of athletic activities performed by a user as part of a footwear transitional program, wherein the sensor system includes at least one sensor engaged with an article of footwear and configured to sense biomechanical movement of a foot of the user; and
selecting a footwear transition program, each footwear transition program comprising a plurality of desired footstrike patterns corresponding to a preferred footstrike of the second footwear type; recording a plurality of athletic activities performed by the user as part of a footwear transitional program, wherein each of the plurality of athletic activities includes data from the electronic module; receiving the data from the electronic module;
wherein the footwear transitional program includes a plurality of footstrike templates having incremental changes between consecutive footstrike templates and associated with transitioning to a preferred footstrike of the second footwear type, wherein the preferred footstrike of the second footwear type differs from a preferred footstrike of the first footwear type, and wherein the plurality of footstrike templates includes a final footstrike template corresponding to a most preferred footstrike pattern of the second footwear type, and at least one intermediate footstrike template corresponding to a footstrike pattern between the preferred footstrike of the first footwear type and the preferred footstrike of the second footwear; and
comparing data from at least one of the plurality of athletic activities to a footstrike template of the footwear transitional program that corresponds to a current position in the footwear transitional program.
comparing data from each of the plurality of athletic activities to a corresponding footstrike template of a footwear transitional program for transitioning from the first footwear type to the second footwear type;
generating a footstrike analysis report on a display of the electronic device, wherein the footstrike analysis report includes footstrike analysis of the user based on comparing data from each of the plurality of athletic activities to a footstrike template at a corresponding point in the footwear transitional program
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Woo, US 20080258921. Footwork training system and method
Ashahani, US 6836744. Portable system for analyzing human gait.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY WONG whose telephone number is (571)270-3003. The examiner can normally be reached M-F: 9-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY K WONG/Primary Examiner, Art Unit 3715