DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application claims benefit of foreign priority under 35 U.S.C. 119(a)-(d) of Application No. KR10-2023-0017946, filed in Korea on 02/10/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/08/2024 was considered by the examiner.
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: “first device”, “second device” in claim 1. “First device” is further described at [0033]; “second device” is further described at least at [0039].
As described in para [0030], a device is understood to be distinct from a software program, data stream or signal.
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 § 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 15-20 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 15 is a device claim with a processor and an output, but the remaining limitations are steps that are performed rather than characteristics of the device. The steps are not claimed as, for example, instructions stored in memory that when executed cause the processor to perform certain steps. It is unclear how these performed steps define the claimed structure, or whether this claim is actually a device or a method. Claims 16-20 share the same decificency.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 (15-20 as best understood) are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cheng et al. (U.S. Patent App. Pub No. 2022/0375621 A1, hereafter referred as Cheng).
Regarding Claim 1:
Cheng teaches a system for controlling rehabilitation of a patient, the system comprising (Cheng: Par. [0043]; the system 100 can implement a computer platform that is utilized to construct and/or use digital twins; see [003] of the present specification): a first device configured to create a virtual model for a first user on the basis of physical information of the first user using digital twin technology (Cheng: Par. [0046-0048] and Par. [0059]; in the context of a digital twin of a human, input source 1 (corresponding to input source 102A) may comprise medical records; the input source 102B may comprise other sources of medical information, such as test reports, lab reports, etc.; input source 102N may be derived from wearable sensors or other periodic data generating information sources; a digital twin modeling engine 110 extracts data from the model data storage 108 and generates digital twins); and a second device configured to visualize the virtual model and provide the visualized virtual model to a second user (Cheng: Par. [0061], [0107], and Fig. 3A; the digital twin evaluation engine 114 enables an end user to inspect, run analysis, run predictions, or otherwise manipulate the digital twin; the scoliosis patient digital twin incorporates and utilizes data from, for example, a 3-D body scanner, a motion capture camera, wearable sensors, combinations thereof, etc., to provide real-time, dynamic monitoring, analysis, and synchronized representation of a corresponding physical counterpart, i.e., a real biological human in this example; Fig. 3A illustrates a 3-D human body shape model 302 with anthropometry, which provides a complete 3-D surface mesh description of human body shape along with anthropometric measurements).
In regards to Claim 2, Cheng further teaches the system of claim 1, wherein the first device provides rehabilitation training content to the first user (Cheng: Par. [0160]; patient database 604 is accessed by a management server 606, which handles access to the patient, including accessing the scoliosis patient digital twin 602 and physiotherapeutic scoliosis-specific exercises for the patient) and collects usage information of the first user for the rehabilitation training content (Cheng: Par. [0161]; a performance capture system can use a measurement device, e.g., a capture camera or other suitable sensor technology, e.g., Microsoft Azure Kinect, to capture body shape, to identify body pose, to track body motion during exercise).
In regards to Claim 3, Cheng further teaches the system of claim 2, wherein the usage information includes at least one of video information of the first user, sensing information of the first user, and result information of the rehabilitation training content (Cheng: Par. [0161]; a performance capture system can use a measurement device, e.g., a capture camera or other suitable sensor technology, e.g., Microsoft Azure Kinect, to capture body shape, to identify body pose, to track body motion during exercise).
In regards to Claim 4, Cheng further teaches the system of claim 3, wherein the second device provides the usage information or information obtained by processing the usage information to the second user (Cheng: Par. [0162] and [0168]; the patient subsystem 610 can handle model creation, data acquisition and processing, computer vision, and performance evaluation, the patient subsystem 610 allows a physical therapist to plan and design physiotherapeutic scoliosis-specific exercises for a patient; graphical environment can be utilized to display video so that the patient and/or therapist can view exercise reference poses and compare the reference with the actual pose; the platform 600 can provide data remotely, e.g., for telehealth, such as for doctors to review patient data remotely, and to assist patients remotely, e.g., so that patients can perform therapy at home or at other remote locations).
In regards to Claim 5, Cheng further teaches the system of claim 4, wherein the second device generates a stereoscopic video by applying the usage information to the virtual model and provides the stereoscopic video to the second user (Cheng: Par. [0125] and [0168]; in a clinic environment or even at home, a patient's body shape can be captured by for example, an image or video based scanner and then the body shape model can be readily created from depth images; after a shape is derived from 3-D point clouds, the shape can be parameterized by projecting the model in an eigen space composed by principal components of human body shape; graphical environment can be utilized to display video so that the patient and/or therapist can view exercise reference poses and compare the reference with the actual pose).
In regards to Claim 6, Cheng further teaches the system of claim 2, wherein the second device receives setting information for the rehabilitation training content from the second user, performs a kinematic simulation of causing the virtual model to perform the rehabilitation training content to which the received setting information is applied, and provides at least one of a stereoscopic video and a result of the simulation to the second user (Cheng: Par. [0032], [0037], and [0125]; the avatar (e.g., 3-D model) can be used in simulations, animations, etc., such that the avatar can graphically simulate and display motive activities of the digital twin, thus representing realistic motive activities of the physical counterpart; the models can be utilized to develop and test treatments and therapies and to derive other outcomes that can influence interaction with the physical counterpart; in a clinic environment or even at home, a patient's body shape can be captured by for example, an image or video based scanner and then the body shape model can be readily created from depth images; after a shape is derived from 3-D point clouds, the shape can be parameterized by projecting the model in an eigen space composed by principal components of human body shape).
In regards to Claim 7, Cheng further teaches the system of claim 2, wherein the second device receives final setting information for the rehabilitation training content from the second user and updates setting information for the rehabilitation training content provided to the first user according to the final setting information (Cheng: Par. [0162]; the patient subsystem 610 allows a physical therapist to plan and design physiotherapeutic scoliosis-specific exercises for a patient).
Regarding Claim 8:
Cheng further teaches a method of controlling rehabilitation of a patient which is performed by a patient rehabilitation control system (Cheng: Par. [0043]; the system 100 can implement a computer platform that is utilized to construct and/or use digital twins), the method comprising: creating a virtual model for a first user on the basis of physical information of the first user using digital twin technology (Cheng: Par. [0046-0048] and Par. [0059]; in the context of a digital twin of a human, input source 1 (corresponding to input source 102A) may comprise medical records; the input source 102B may comprise other sources of medical information, such as test reports, lab reports, etc.; input source 102N may be derived from wearable sensors or other periodic data generating information sources; a digital twin modeling engine 110 extracts data from the model data storage 108 and generates digital twins); and visualizing the virtual model and providing the visualized virtual model to a second user (Cheng: Par. [0061], [0107], and Fig. 3A; the digital twin evaluation engine 114 enables an end user to inspect, run analysis, run predictions, or otherwise manipulate the digital twin; the scoliosis patient digital twin incorporates and utilizes data from, for example, a 3-D body scanner, a motion capture camera, wearable sensors, combinations thereof, etc., to provide real-time, dynamic monitoring, analysis, and synchronized representation of a corresponding physical counterpart, i.e., a real biological human in this example; Fig. 3A illustrates a 3-D human body shape model 302 with anthropometry, which provides a complete 3-D surface mesh description of human body shape along with anthropometric measurements).
In regards to Claim 9, Cheng further teaches the method of claim 8, further comprising: providing rehabilitation training content to the first user (Cheng: Par. [0160]; patient database 604 is accessed by a management server 606, which handles access to the patient, including accessing the scoliosis patient digital twin 602 and physiotherapeutic scoliosis-specific exercises for the patient); and collecting usage information of the first user for the rehabilitation training content (Cheng: Par. [0161]; a performance capture system can use a measurement device, e.g., a capture camera or other suitable sensor technology, e.g., Microsoft Azure Kinect, to capture body shape, to identify body pose, to track body motion during exercise).
In regards to Claim 10, Cheng further teaches the method of claim 9, wherein the usage information includes at least one of video information of the first user, sensing information of the first user, and result information of the rehabilitation training content (Cheng: Par. [0161]; a performance capture system can use a measurement device, e.g., a capture camera or other suitable sensor technology, e.g., Microsoft Azure Kinect, to capture body shape, to identify body pose, to track body motion during exercise).
In regards to Claim 11, Cheng further teaches the method of claim 10, further comprising, after the collecting of the usage information, providing the usage information or information obtained by processing the usage information to the second user (Cheng: Par. [0162] and [0168]; the patient subsystem 610 can handle model creation, data acquisition and processing, computer vision, and performance evaluation, the patient subsystem 610 allows a physical therapist to plan and design physiotherapeutic scoliosis-specific exercises for a patient; graphical environment can be utilized to display video so that the patient and/or therapist can view exercise reference poses and compare the reference with the actual pose; the platform 600 can provide data remotely, e.g., for telehealth, such as for doctors to review patient data remotely, and to assist patients remotely, e.g., so that patients can perform therapy at home or at other remote locations).
In regards to Claim 12, Cheng further teaches the method of claim 11, wherein the providing of the information obtained by processing the usage information comprises generating a stereoscopic video by applying the usage information to the virtual model and providing the stereoscopic video to the second user (Cheng: Par. [0125] and [0168]; in a clinic environment or even at home, a patient's body shape can be captured by for example, an image or video based scanner and then the body shape model can be readily created from depth images; after a shape is derived from 3-D point clouds, the shape can be parameterized by projecting the model in an eigen space composed by principal components of human body shape; graphical environment can be utilized to display video so that the patient and/or therapist can view exercise reference poses and compare the reference with the actual pose).
In regards to Claim 13, Cheng further teaches the method of claim 9, further comprising, after the collecting of the usage information: receiving setting information for the rehabilitation training content from the second user; performing a kinematic simulation of causing the virtual model to perform the rehabilitation training content to which the received setting information is applied; and providing at least one of a stereoscopic video and a result of the simulation to the second user (Cheng: Par. [0032], [0037], and [0125]; the avatar (e.g., 3-D model) can be used in simulations, animations, etc., such that the avatar can graphically simulate and display motive activities of the digital twin, thus representing realistic motive activities of the physical counterpart; the models can be utilized to develop and test treatments and therapies and to derive other outcomes that can influence interaction with the physical counterpart; in a clinic environment or even at home, a patient's body shape can be captured by for example, an image or video based scanner and then the body shape model can be readily created from depth images; after a shape is derived from 3-D point clouds, the shape can be parameterized by projecting the model in an eigen space composed by principal components of human body shape).
In regards to Claim 14, Cheng further teaches the method of claim 9, further comprising: receiving final setting information for the rehabilitation training content from the second user; and updating setting information for the rehabilitation training content provided to the first user according to the final setting information (Cheng: Par. [0162]; the patient subsystem 610 allows a physical therapist to plan and design physiotherapeutic scoliosis-specific exercises for a patient).
Regarding Claim 15:
Cheng further teaches a device for controlling rehabilitation of a patient (Cheng: Par. [0043]; the system 100 can implement a computer platform that is utilized to construct and/or use digital twins), the device comprising: an output module; and a processor connected to the output module (Cheng: Par. [0090]; the system 100 can be implemented on a computer system that comprises one or more hardware and/or software processing devices), wherein the processor creates a virtual model for a patient on the basis of physical information of the patient using digital twin technology (Cheng: Par. [0046-0048] and Par. [0059]; in the context of a digital twin of a human, input source 1 (corresponding to input source 102A) may comprise medical records; the input source 102B may comprise other sources of medical information, such as test reports, lab reports, etc.; input source 102N may be derived from wearable sensors or other periodic data generating information sources; a digital twin modeling engine 110 extracts data from the model data storage 108 and generates digital twins), visualizes the virtual model, and provides the visualized virtual model to a user (Cheng: Par. [0061], [0107], and Fig. 3A; the digital twin evaluation engine 114 enables an end user to inspect, run analysis, run predictions, or otherwise manipulate the digital twin; the scoliosis patient digital twin incorporates and utilizes data from, for example, a 3-D body scanner, a motion capture camera, wearable sensors, combinations thereof, etc., to provide real-time, dynamic monitoring, analysis, and synchronized representation of a corresponding physical counterpart, i.e., a real biological human in this example; Fig. 3A illustrates a 3-D human body shape model 302 with anthropometry, which provides a complete 3-D surface mesh description of human body shape along with anthropometric measurements).
In regards to Claim 16, Cheng further teaches the device of claim 15, further comprising a communication module, wherein the processor receives usage information of the patient for rehabilitation training content through the communication module (Cheng: Par. [0161]; a performance capture system can use a measurement device, e.g., a capture camera or other suitable sensor technology, e.g., Microsoft Azure Kinect, to capture body shape, to identify body pose, to track body motion during exercise) and provides the usage information or information obtained by processing the usage information to the user through the output module (Cheng: Par. [0162] and [0168]; the patient subsystem 610 can handle model creation, data acquisition and processing, computer vision, and performance evaluation, the patient subsystem 610 allows a physical therapist to plan and design physiotherapeutic scoliosis-specific exercises for a patient; graphical environment can be utilized to display video so that the patient and/or therapist can view exercise reference poses and compare the reference with the actual pose; the platform 600 can provide data remotely, e.g., for telehealth, such as for doctors to review patient data remotely, and to assist patients remotely, e.g., so that patients can perform therapy at home or at other remote locations).
In regards to Claim 17, Cheng further teaches the device of claim 16, wherein the usage information includes at least one of video information of the patient, sensing information of the patient, and result information of the rehabilitation training content (Cheng: Par. [0161]; a performance capture system can use a measurement device, e.g., a capture camera or other suitable sensor technology, e.g., Microsoft Azure Kinect, to capture body shape, to identify body pose, to track body motion during exercise).
In regards to Claim 18, Cheng further teaches the device of claim 16, wherein the processor generates a stereoscopic video by applying the usage information to the virtual model and provides the stereoscopic video to the user through the output module (Cheng: Par. [0125] and [0168]; in a clinic environment or even at home, a patient's body shape can be captured by for example, an image or video based scanner and then the body shape model can be readily created from depth images; after a shape is derived from 3-D point clouds, the shape can be parameterized by projecting the model in an eigen space composed by principal components of human body shape; graphical environment can be utilized to display video so that the patient and/or therapist can view exercise reference poses and compare the reference with the actual pose).
In regards to Claim 19, Cheng further teaches the device of claim 16, wherein the processor receives setting information for the rehabilitation training content from the user, performs a kinematic simulation of causing the virtual model to perform the rehabilitation training content to which the received setting information is applied, and provides at least one of a stereoscopic video and a result of the simulation to the user (Cheng: Par. [0032], [0037], and [0125]; the avatar (e.g., 3-D model) can be used in simulations, animations, etc., such that the avatar can graphically simulate and display motive activities of the digital twin, thus representing realistic motive activities of the physical counterpart; the models can be utilized to develop and test treatments and therapies and to derive other outcomes that can influence interaction with the physical counterpart; in a clinic environment or even at home, a patient's body shape can be captured by for example, an image or video based scanner and then the body shape model can be readily created from depth images; after a shape is derived from 3-D point clouds, the shape can be parameterized by projecting the model in an eigen space composed by principal components of human body shape).
In regards to Claim 20, Cheng further teaches the device of claim 16, wherein the processor receives final setting information for the rehabilitation training content from the user and updates setting information for the rehabilitation training content provided to the patient according to the final setting information (Cheng: Par. [0162]; the patient subsystem 610 allows a physical therapist to plan and design physiotherapeutic scoliosis-specific exercises for a patient).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Garling et al. (U.S. Patent App. Pub No. 2023/0064408 A1) teaches a method for generating an electronic display of guidance for treating a target patient with a disease or disorder.
Zimmerman et al. (U.S. Patent App. Pub No. 2019/0005200 A1) teaches methods and apparatus providing a patient digital twin.
Peterson (U.S. Patent App. Pub No. 2019/0087544 A1) teaches methods and apparatus providing a digital twin of a healthcare procedure.
Ortiz Catalan et al. (U.S. Patent App. Pub No. 2024/0082533 A1) teaches a system for functional rehabilitation and/or pain rehabilitation due to sensorimotor impairment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENAE BITOR whose telephone number is (703)756-5563. The examiner can normally be reached Monday to Friday: 8:00 - 5:30 but off the 1st Friday of the biweek.
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/RENAE A BITOR/Examiner, Art Unit 2663
/GREGORY A MORSE/Supervisory Patent Examiner, Art Unit 2698