DETAILED ACTION
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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 18-30 is rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,151,738. The conflicting claims are not identical because patent claim 1 requires the additional elements of “wherein the upper portion is computed based on images captured by the plurality of cameras, and wherein the lower portion is computed based on a two-dimensional pressure map captured by the pressure panel to account for the underside of the individual's foot that is not visible to the plurality of cameras”, not required by claim 18 of the instant application. However, the conflicting claims are not patentably distinct from each other because:
• Claims 18 of application '135 and claim 1 of patent '738 recite common subject matter;
• Whereby claim 18, which recites the open ended transitional phrase “comprising”, does not preclude the additional elements recited by claim 1 of the patent, and
• Whereby the elements of claim 18 are fully anticipated by patent claim 1, and anticipation is “the ultimate or epitome of obviousness” (In re Kalm, 154 USPQ 10 (CCPA 1967), also In re Dailey, 178 USPQ 293 (CCPA 1973) and In re Pearson, 181 USPQ 641 (CCPA 1974)).
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.
Claim limitation “analyze an individual's foot or feet, the scanning device; activate and receive data generated by the pressure panel; capture depth data, capture dynamic gait data of an individual's foot or feet” have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a linking word “ configured to” coupled with functional language respectively recited after each of the aforementioned claim limitations, without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: see figure 6 and corresponding text. If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
Claim(s) 18-30 are rejected under 35 U.S.C. 103 as being unpatentable over Zhiming et al (CN 110179468) in view of Miller et al (US 2020/0060580)
As to claim 18, Zhiming et al. teaches the scanning device configured to analyze an individual's foot or feet, the scanning device comprising:
a support base ( glass plate 122, figure 2)comprising substantially flat upper and lower surfaces ( the support ,The column is installed vertically on the base, including an upper column and a lower column, and the pressure sensor is sandwiched between the upper column and the lower column, paraph[0010])
at least one camera at located at an outer perimeter of the support base(a CCD image sensor 126, figure 2) wherein each camera is configured to move around the outer perimeter while remaining oriented toward a center of the support base ( external parameter calibration method and a multi-dimensional foot feature extraction method; the depth camera external parameter calibration method Include the following steps; The center points of the feature marks are sequentially numbered as j (j=1, 2, ..., m), paragraph[0030] ). While Zhiming teaches the limitation above , Zhiming fails to teach “a processing device operatively coupled to each camera, wherein the processing device is configured to activate and receive data generated by each camera.“
However, Miller et al. teaches in FIG. 1, a system for designing of a custom foot orthotic 100 is shown. The system 100 includes a processing unit 101, an input device 140, a storage device 130, a 3D scanner 150, a plantar pressure sensor array 160, and an output device 170. The input device 140 can be any device or interface that receives information from a user; for example, a keyboard, a mouse, a touchscreen(paragraph[0056]). Miller et al teaches a pressure data module to receive plantar pressure scan data of the patient's foot from the plantar pressure sensor array and to establish a desirable pressure distribution; a model generation module to determine an internal density profile of a resulting foot orthotic 3D model by superimposing the desirable pressure distribution over the resulting foot orthotic 3D model and reducing or increasing portions of a density distribution over the foot orthotic 3D model based on the difference between an expected pattern of support and the desirable pressure distribution; and an output module to output the resulting 3D model of the custom foot orthotic to the output device (par. 004) . It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the input device and the data interaction of Miller in Zhiming et al in order to provide comfort under a patient foot , provide foot and join pain relief and prevent injuries and provide orthopedic correction ( paragraph [0002]). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As to claim 19, Zhiming et al teaches the scanning device of claim 18, wherein the scanning device further comprises a motorized track, and wherein the processing device is configured to cause each camera to capture images while moving along the motorized track(Establish a world coordinate system Ow-XYZ with the focal point of the calibration reference line on the upper surface of the carrier pad 121 as the origin. Number the depth cameras 132 sequentially as i (i = 1, 2, 3, 4). The calibration coordinates of each depth camera 132i in the world coordinate system obtained from the camera calibration matrices , paragraph[0080]) .
As to claim 20, Zhiming et al teaches the scanning device of claim 18, further comprising: a pressure panel disposed on the upper surface of the support base(pressure data acquired by each pressure sensor 120-2, paragraph[0081]step Z400), wherein the processing device is operatively coupled to the pressure panel and is configured to activate and receive data generated by the pressure panel( The connector 200 controls each component of the foot measuring device 100 to acquire a segment of raw data according to the requirements of the data acquisition command, including: point cloud data and RGB data acquired by each depth camera 132, grayscale image captured by CCD image sensor 126, and pressure data acquired by each pressure sensor 120-2. [0082] Step Z500: Connector 200 uploads the raw data acquired by foot measuring device 100 to terminal device 300).
As to claim 21, Zhiming et al teaches the scanning device of claim 20, wherein the pressure panel comprises a plurality of pressure sensors arranged in a planar configuration( The data processing module processes and analyzes the raw foot data, reconstructs the user's three-dimensional foot shape, and extracts the characteristic parameters of foot shape and plantar pressure distribution, paragraph[0090]).
As to claim 22, Miller et al teaches the scanning device of claim 21, wherein each of the plurality of pressure sensors, when the pressure panel is activated, are configured to generate signals representative of underfoot pressure when the individual's foot or feet is/are in contact with the pressure panel, the signals collectively defining a two-dimensional pressure map of the individual's foot or feet( Using image processing techniques (for example, image registration) to superimpose multiple footprints, an average or maximum pressure image or map may be directly computed to represent the typical plantar pressure profile of the foot, paragraph[0065]; the model generation module 108 uses the already collected 3D foot scan and plantar pressure profile to test and adjust the proposed orthotic model. This feedback loop ensures the desirable pressure distribution is achieved to the greatest extent possible having regard to the base orthotic shape and fabrication constraints[0078]).
As to claim 23, Miller et al teaches scanning device of claim 20, wherein the processing device is configured to generate a three-dimensional reconstruction( model generation module, 108, figure 1) of an individual's foot or feet based on data captured by the pressure panel ( pressure data module, 106, figure 1) and each camera when the individual's foot or feet is/are in contact with the pressure panel( it may be advisable to have the patient's foot applied to a flat, transparent surface with a mild amount of pressure to help them flatten their foot as they would when stepping or standing, paragraph[0062]).
As to claim 24, Zhiming et al teaches the scanning device of claim 20, wherein the processing device is configured to transmit data generated by the pressure panel and each camera to a processing server for generating a three-dimensional reconstruction of an individual's foot or feet and/or data descriptive of an orthotic device customized to the individual's anatomy (The data processing module processes and analyzes the raw foot data, reconstructs the user's three-dimensional foot shape, and extracts the characteristic parameters of foot shape and plantar pressure distribution, paragraph[0036-0038]).
As to claim 25, Zhiming et al teaches the scanning device of claim 20, wherein the processing device is configured to capture dynamic gait data of an individual's foot or feet as the individual steps onto and/or off of the pressure panel( The user clicks the start scanning button, and the terminal device responds to the user's operation by sending a data acquisition command to the connector. The connector controls each component of the foot measuring device to acquire 15 seconds of raw foot data according to the requirements of the data acquisition command, and sends the raw foot data to the data processing module of the terminal device, paragraph[0035]).
As to claim 26, Zhiming et al teaches the scanning device of claim 18, wherein the at least one camera comprises no more than three cameras (the depth camera component includes a camera support column and a depth camera, the depth camera is mounted on the camera support column and aligned with the optical pressure distribution measurement stage of the foot measurement device, and the camera support column is mounted on the base, paragraph[0009]).
As to claim 27, Zhiming et al teaches the scanning device of claim 18, wherein the at least one camera comprises no more than two cameras ( the depth camera component includes a camera support column and a depth camera, the depth camera is mounted on the camera support column and aligned with the optical pressure distribution measurement stage of the foot measurement device, and the camera support column is mounted on the base, paragraph[0009])
As to claim 28, Zhiming et al teaches the scanning device of claim 18, wherein the at least one camera comprises no more than one camera ( the depth camera component includes a camera support column and a depth camera, the depth camera is mounted on the camera support column and aligned with the optical pressure distribution measurement stage of the foot measurement device, and the camera support column is mounted on the base, paragraph[0009]).
As to claim 29, Zhiming et al teaches the scanning device of claim 18, wherein at least one camera comprises a depth sensor configured to capture depth data during image capture( number of the depth cameras sequentially as i (i = 1, 2, 3, 4); number the center points of each feature marker on the two calibration plates sequentially as j (j = 1, 2, ..., m), and the world coordinates of each feature marker center in the world coordinate system, paragraph[0019]) .
As to claim 30, Miller et teaches the scanning device of claim 18, wherein the support base has a circular shape (during the scan, it may also be preferential to move the camera in a semi-circular fashion around the foot to capture various angles of the foot. In some cases, it may be preferential to record the scan using multiple cameras with different viewpoints. The above techniques may allow the fusion of surface points to be cleaner and more rounded at the edges of the foot, paragraph[0062])
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NANCY BITAR whose telephone number is (571)270-1041. The examiner can normally be reached Mon-Friday from 8:00 am to 5:00 p.m..
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NANCY . BITAR
Examiner
Art Unit 2664
/NANCY BITAR/Primary Examiner, Art Unit 2664