DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the 35 U.S.C. 101 and 112(b) rejections have been fully considered and are persuasive. The 35 U.S.C. 101 and 112(b) rejections have been withdrawn, however, the amendments to the claims have necessitated new 35 U.S.C. 112(a) and (b) rejections.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1, 10 and 11, at the time the application was filed, the inventor did not have possession of the following claimed invention: “by extracting the feature amounts from specific walking phases of the normalized walking waveform corresponding to predetermined sections” and “a plurality of sign variables related to an angular jerk cost”. At the time of filing, the specification did not describe which walking phase, sections or feature amounts are used to estimate the angular jerk cost sign variables. The specification only states that angular jerk cost models MP1-MP4 use “at least one feature amount,” and it identifies no training target (para. [0097]-[0100]).
Regarding claims 5 and 6, at the time the application was filed, the inventor did not have possession of the following claimed invention: “a second model group including a plurality of models for estimating each of a-the plurality of the sign variables related to the angular jerk cost”, “construct the feature amount amounts to be used for estimation of the plurality of the sign variables related to the knee joint bending angle and the plurality of the sign variables related to the angular jerk cost” and “input, to each of a-the plurality of models included in the second model group, the feature amount amounts to be used for estimation of the plurality of the sign variables related to the angular jerk cost”. At the time of filing, the specification did not describe which feature amounts are constructed for, or input to, each model of second model group 152. The specification also did not describe how these models are trained (para. [0096]-[0100]).
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 1-11 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.
Regarding claims 1, 10 and 11, the limitation “sensor data measured according to a movement of a foot” renders the claim indefinite. It is unclear if this is the previously recited sensor data. For purposes of examination the indefinite limitation has been deemed to claim the previously recited sensor data.
Regarding claims 1, 10 and 11, the limitation “time-series data of acceleration in a traveling direction” renders the claim indefinite It is unclear if this is part of the previously recited time-series data of spatial acceleration. For purposes of examination the indefinite limitation has been deemed to claim the traveling-direction component of that data.
Regarding claim 2, the limitation “a risk of having a medical examination” renders the claim indefinite. It is unclear if this is the risk recited in claim 1. For purposes of examination the indefinite limitation has been deemed to claim the same risk in claim 1.
Regarding claim 6, the limitation “a plurality of models for estimating each of the plurality of the sign variables related to the knee joint bending angle” renders the claim indefinite because it is recited twice and it is unclear if these are the same or different models. For purposes of examination the indefinite limitation has been deemed to claim two different pluralities of models.
Regarding claim 6, the limitation “a timing of to off amount two peaks” renders the claim indefinite. It is unclear if “a toe off” is the toe off in claim 1, and how a toe off is “among” two peaks. For purposes of examination the indefinite limitation has been deemed to claim the timing of the toe off of claim 1 relative to the two peaks.
Regarding claim 8, the limitations “a measurement device”, “a user”, “a spatial acceleration and spatial angular velocity” and “sensor data are the same elements recited in claim 1. For purposes of examination the indefinite limitation has been deemed to claim the same elements of claim 1.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN PATRICK DOUGHERTY whose telephone number is (571)270-5044. The examiner can normally be reached 8am-5pm (Pacific Time).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEAN P DOUGHERTY/Primary Examiner, Art Unit 3791
Prosecution Insights