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 .
Specification
The abstract of the disclosure is objected to because the term “is described” is stated in lines 1-2. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Milwe (US 4919418).
With respect to claim 1, Milwe discloses a method for measuring physical exertion by a human, the method comprising: receiving strain data (Fig. 4), wherein the strain data measures strain on a load cell in response to force exerted by a human on the load cell (col. 3, lines 18-20); converting the strain data into force measurements; and determining a rate of force development based on the force measurements (col. 5, line 59- col. 6, line 18). See additionally col. 9, lines 18-20 and claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2020/0018658 teaches a system for measuring physical exertion comprising: a strain gauge having: a power source, an inertial measurement unit (“IMU”) comprising a load cell having a resistive circuit supported by a conductive material, wherein the resistive circuit varies its resistance in proportion to an amount of force applied to the conductive material, and wherein the load cell is configured to output strain data at a rate of at least 1 kHz, a microcontroller comprising a processor and a memory for storing instructions and strain data received from the IMU, wherein the microcontroller is coupled to the power source and the processor is configured to execute the instructions stored in the memory, and a wireless communication module coupled to the microcontroller and configured to transmit strain data stored in the memory in real-time; and a central processing device configured to receive strain data transmitted from the wireless communication module; wherein the central processing device is configured to: convert the strain data into force measurements, store the force measurements into a force event array, detect a force event based on the force measurements of the force event array, determine the length of the force event, determine the max force based on the length of the force event, and determine a rate of force development (“RFD”) based on the max force.
This is a continuation of applicant's earlier Application No. 17518463. All claims are identical to, patentably indistinct from, or have unity of invention with the invention originally claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKIYA W BATES whose telephone number is (571)272-7039. The examiner can normally be reached M-F 8:30am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 5712724137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAKIYA W BATES/Primary Examiner, Art Unit 3674 11/4/2025