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 .
Status of Application
This action is in reply to the reply filed November 26, 2025 (hereinafter “Reply”).
Claim 1 is amended.
Claims 1-11 are pending.
Claim Rejections - 35 U.S.C. § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. § 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8 are rejected under AIA 35 U.S.C. § 103 as being unpatentable over Hinshaw et al. (U.S. Pub. No. 2009/0076772 A1) (hereinafter “Hinshaw”) in view of Penta et al. (U.S. Pub. No. 2020/0294109 A1) (hereinafter “Penta”).
Claim 1: Hinshaw, as shown, discloses the following limitations:
providing a kiosk, said kiosk having a base member, said base member having a foot plate member, said foot plate member having a multitude of sensors embedded therein, said kiosk having housing extending upward from said base member, said housing being comprised of a plurality of walls forming an interior volume, said interior volume having disposed therein a controller, said controller having electronics operable to receive, store, transmit and manipulate data, said kiosk having a graphical display unit in the housing (see at least ¶ [0070]: The measurement phase involves interaction between the consumer and a kiosk 40 shown in FIG. 1 and in greater detail in FIGS. 3 through 5. One such kiosk 40 includes a base 41 and a frame 42 with an enclosing housing 43 that opens to the front. In this implementation a detachable base extension 44 extends forward from the base 41 and contains and supports a pressure sensing mat 45. The pressure sensing mat 45 provides a continuous, relatively thin surface that measures distributed pressures along its contact surface. As an output the pressure sensing mat 45 produces an array of pressure signals that are used to produce a pressure map. Such a map shows distributed contact pressures either as a 3D contour map or a 2D color map. While a variety of different pressure sensors can be utilized, it has been found that a pressure mat with a resolution of about 10 mm×10 mm and a full area scan rate of about 10 Hz provides adequate spatial and temporal resolution. Such pressure mats are available from a number of commercial dealers, such as Pressure Profile Systems; see also at least ¶ [0072]: FIG. 4 depicts the kiosk 40 in greater detail. A consumer who is standing on the pressure mat 45 can easily interact with a touch screen monitor 52 that constitutes an input-output device for a computer 53; see also at least ¶¶ [0114] and FIG. 3);
activating the kiosk, wherein a user activates the kiosk for performance of data mapping of the feet of the user (see at least ¶ [0072]: FIG. 4 depicts the kiosk 40 in greater detail. A consumer who is standing on the pressure mat 45 can easily interact with a touch screen monitor 52 that constitutes an input-output device for a computer 53; see also at least ¶ [0083]: when the consumer actuates the START button in the screen of FIG. 9E, the screen of FIG. 9F appears. This screen provides feedback based upon the position detector array information to indicate whether the consumer has his foot in an appropriate position);
engaging the foot plate member, wherein the user superposes their feet on the foot plate member (see at least ¶ [0080]: then the consumer stands on the pressure mat 45 of step 82; see also at least ¶¶ [0070]-[0072]);
initiating a mapping data scan of the user’s feet, wherein the multitude of sensors provide two-dimensional scanning of the user’s feet (see at least ¶ [0081]: when the consumer activates the CONTINUE icon in FIG. 9B, the scene of FIG. 9C requests the consumer to walk in place for a short interval (e.g., 3 seconds) as a specific example, normally grasping the handle bars 51. Walking for a few seconds naturally brings the consumer into a balanced position. During this interval step 85 dynamically captures foot pressures based upon the signals from the pressure mat 45. In step 85 an application retrieves the data from the pressure mat as an array of signals representing the force at each sampling position on the map. Using conventional techniques, this application converts the displacement signals into a map for the consumer in which different pressures are identified for example by different colors. Such processing is conventional and well known in the art. When the images have been processed, they then can be saved and converted into a format that will enable the projector 65 to display one or the other of the images at the foot pillow assembly 47; see also at least ¶¶ [0070]-[0072] and [0093]);
manipulating a position of the user’s feet, wherein the feet of the user have a stationary position thereof changed at least once during the mapping data scan (see at least ¶ [0081]; see also at least ¶ [0082]: once the tactile image shown in FIG. 9D has obtained, step 86 causes the system to display the screen of FIG. 9E that directs the consumer to place one foot on the membrane 70; in this specific example, the right foot. As part of this process, step 87 causes the projector 65 to project the image of the consumer's right foot taken from the tactile images onto the membrane 70. Once the consumer's foot is in position, the control system first generates a signal that closes a valve and energizes the air pump 61 until the position detector array 72 indicates that the foot on the membrane 70 is in the correct position; see also at least ¶¶ [0070]-[0072] and [0083]. The stationary position of the first foot is changed to a stationary position of the other foot, resulting in a changed stationary position of the feet);
compiling data points from the mapping data scan, wherein the controller manipulates the data points acquired during the mapping data scan to produce a foot map, said foot map display to the user on the graphical display unit (see at least ¶¶ [0070]-[0072] and [0081]-[0084]; see also at least ¶ [0085]: during this time the measurements established in steps 85, 91 and 95 begin to be processed in a background mode at the signal processing step 97 as described later. When the consumer completes the entry of information in FIG. 9I activating the CONTINUE icon displays a validation screen as shown in FIG. 9J. If the information is not correct, the program displays screen 9I again and enables information to be edited. Once the consumer confirms the contact information, the system displays the screen of FIG. 9K that allows the consumer to review and scan two histograms as shown in step 100. An upper histogram depicts the consumer's arch heights to the average arch height. The lower histogram depicts the consumer's arch lengths to the average arch length; see also at least ¶ [0086]: the screen in FIG. 9L displays a surface map 104 with a pressure overlay on the touch panel 52. In addition the system displays information concerning arch height at 105 and arch length at 106 with a comparison to historical measurements);
providing guidance to the user on a proper fitting orthotic, wherein the proper fitting orthotic is provided to the user from an inventory of premanufactured orthotics […] (see at least ¶ [0086]: screen of FIG. 9L enables the consumer to select either a footbed in accordance with this invention or the production of a custom footbed at a remote location. Next, the printer 54 in FIG. 7 produces a ticket that identifies the consumer and the scan to enable on-line access to the consumer's data. If the consumer elects to proceed local production of the footbed, the printer 54 also identifies the various components that should be combined to form each footbed; see also at least ¶ [0087]: step 97 in FIG. 8 processes the scan and personal information to obtain a list of the appropriate footbed components. Various processes might be used. In accordance with one implementation the various data points received from the 3D capture processes of steps 91 and 95 are considered to be point clouds; see also at least ¶ [0068]: process 36 uses the information from both feet to identify components for the footbed and provides a list of those components. Process 36 represents the production-delivery phase during which the consumer obtains the identified components from the local inventory. The consumer then can easily assemble the components into footbeds that closely approximate ideal footbeds for the consumer; see also at least ¶ [0112]: the consumer then uses this list to retrieve the various components from a prestock inventory such as that shown in FIG. 14 for assembly in association with FIGS. 11 and 12; see also at least Abstract: the measurement information is converted to identify which of the preselected and stocked components proximate the kiosk can be combined to provide an appropriate footbed for the consumer).
Hinshaw does not explicitly disclose, but Penta, as shown, teaches the following limitations:
premanufactured orthotics stored within the interior volume of the kiosk (see at least ¶ [0035]: the first display section 110 may be used for mounting a plurality of product display shelves 116. A set of candidate footcare products, such as orthotics, may be displayed on display shelves 116 to enable a user to quickly and easily obtain the footcare product recommended by the kiosk; see also at least FIG. 1A).
Examiner notes that the present application does not appear to disclose dispensing product from within the claimed housing of the kiosk. Rather, the only mention of providing products, in relation to the kiosk, appear to be “shelfs” or “shelving” discussed in claims ¶¶ [0024] and [0021], respectively. This would correspond to interior volume of the kiosk excluding the housing itself).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the product inventory storage taught by Penta with the foot measuring kiosk disclosed by Hinshaw, because Penta teaches at ¶ [0035] that such a close display “enable[s] a user to quickly and easily obtain the footcare product recommended by the kiosk.” See M.P.E.P. § 2143(I)(G).
Moreover, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the product inventory storage taught by Penta with the foot measuring kiosk disclosed by Hinshaw, because the claimed invention is merely a combination of old elements (the product inventory storage taught by Penta and the foot measuring kiosk disclosed by Hinshaw), in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See M.P.E.P. § 2143(I)(A).
Claim 2: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
wherein the mapping data scan includes capture and recording of the following measurements of the user’s foot: arch height distance, lateral arch height distance, heel depth, inside heel width, lateral flange distance, overall length and forefoot width (see at least ¶ [0085]: the system displays the screen of FIG. 9K that allows the consumer to review and scan two histograms as shown in step 100. An upper histogram depicts the consumer’s arch heights to the average arch height. The lower histogram depicts the consumer’s arch lengths to the average arch length; see also at least ¶¶ [0086]; see also at least FIG. 9K, which depicts a 3D mapping of the users foot and include data capturing the claimed measurements; see also at least ¶¶ [0043] and [0097]).
Claim 3: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
further including a step of requesting a user to lift a left foot so as to have the user stand on a right foot only (see at least ¶ [0081]: when the consumer activates the CONTINUE icon in FIG. 9B, the scene of FIG. 9C requests the consumer to walk in place for a short interval (e.g., 3 seconds) as a specific example, normally grasping the handle bars 51. Walking for a few seconds naturally brings the consumer into a balanced position. During this interval step 85 dynamically captures foot pressures based upon the signals from the pressure mat 45. In step 85 an application retrieves the data from the pressure mat as an array of signals representing the force at each sampling position on the map. Using conventional techniques, this application converts the displacement signals into a map for the consumer in which different pressures are identified for example by different colors. Such processing is conventional and well known in the art. When the images have been processed, they then can be saved and converted into a format that will enable the projector 65 to display one or the other of the images at the foot pillow assembly 47; Examiner notes that walking involves picking up one foot while the other foot is on the ground, and applies to both feet).
Claim 4: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
further including the step of requesting a user to apply pressure to a forefoot region of their feet (see at least ¶ [0081]: when the consumer activates the CONTINUE icon in FIG. 9B, the scene of FIG. 9C requests the consumer to walk in place for a short interval (e.g., 3 seconds) as a specific example, normally grasping the handle bars 51. Walking for a few seconds naturally brings the consumer into a balanced position. During this interval step 85 dynamically captures foot pressures based upon the signals from the pressure mat 45. In step 85 an application retrieves the data from the pressure mat as an array of signals representing the force at each sampling position on the map. Using conventional techniques, this application converts the displacement signals into a map for the consumer in which different pressures are identified for example by different colors. Such processing is conventional and well known in the art. When the images have been processed, they then can be saved and converted into a format that will enable the projector 65 to display one or the other of the images at the foot pillow assembly 47; Examiner notes that walking involves applying pressures to various parts of the foot through the various phases of the gait; see also at least FIG. 9G).
Claim 5: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
further including a step of providing a status ring indicator, said status ring indicator updated upon a user applying pressure to their feet properly (see at least FIG. 9G: the countdown or status indicated for step 3 is shaped like a ring).
Claim 6: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
wherein said inventory of orthotic inserts comprises fourteen different inserts (see at least FIG. 18, which depicts at least fourteen different permutations of bases, arches, and met heads for the sizes shown).
Claim 7: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
further including a step of requesting a user to lift a right foot so as to have the user stand on a left foot only (see at least ¶ [0081]: when the consumer activates the CONTINUE icon in FIG. 9B, the scene of FIG. 9C requests the consumer to walk in place for a short interval (e.g., 3 seconds) as a specific example, normally grasping the handle bars 51. Walking for a few seconds naturally brings the consumer into a balanced position. During this interval step 85 dynamically captures foot pressures based upon the signals from the pressure mat 45. In step 85 an application retrieves the data from the pressure mat as an array of signals representing the force at each sampling position on the map. Using conventional techniques, this application converts the displacement signals into a map for the consumer in which different pressures are identified for example by different colors. Such processing is conventional and well known in the art. When the images have been processed, they then can be saved and converted into a format that will enable the projector 65 to display one or the other of the images at the foot pillow assembly 47; Examiner notes that walking involves picking up one foot while the other foot is on the ground, and applies to both feet).
Claim 8: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
further including a step of requesting the user to to apply pressure to the forefoot region of their feet during the mapping data scan (see at least ¶ [0081]: when the consumer activates the CONTINUE icon in FIG. 9B, the scene of FIG. 9C requests the consumer to walk in place for a short interval (e.g., 3 seconds) as a specific example, normally grasping the handle bars 51. Walking for a few seconds naturally brings the consumer into a balanced position. During this interval step 85 dynamically captures foot pressures based upon the signals from the pressure mat 45. In step 85 an application retrieves the data from the pressure mat as an array of signals representing the force at each sampling position on the map. Using conventional techniques, this application converts the displacement signals into a map for the consumer in which different pressures are identified for example by different colors. Such processing is conventional and well known in the art. When the images have been processed, they then can be saved and converted into a format that will enable the projector 65 to display one or the other of the images at the foot pillow assembly 47; Examiner notes that walking involves applying pressures to various parts of the foot through the various phases of the gait; see also at least FIG. 9G).
Claims 9-11 are rejected under AIA 35 U.S.C. § 103 as being unpatentable over Hinshaw et al. (U.S. Pub. No. 2009/0076772 A1) (hereinafter “Hinshaw”) in view Penta et al. (U.S. Pub. No. 2020/0294109 A1) (hereinafter “Penta”) and further in view of Koelling et al. (U.S. Pub. No. 2007/0055405 A1) (hereinafter “Koelling”).
Claim 9: The combination of Hinshaw and Penta teaches the limitations as shown in the rejections above.
Although Hinshaw discloses side rail members (see at least FIG. 3, elements 51), Hinshaw does not explicitly disclose, but Koelling, as shown, teaches the following limitations:
wherein the base member further includes side rail members, said side rail members being located on opposing sides of the base member and extending upward therefrom (see at the rails in Fig. 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine extending the rails taught by Koelling with the foot measuring kiosk disclosed by Hinshaw (as modified by Penta), because the claimed invention is merely a combination of old elements (extending the rails taught by Koelling, the product inventory storage taught by Penta, and the foot measuring kiosk disclosed by Hinshaw), in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See M.P.E.P. § 2143(I)(A).
Claim 10: The combination of Hinshaw, Penta, and Koelling teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
wherein the orthotic further includes a plurality of support rib members, said support rib members being integrally formed in an arch region of the orthotic (see at least ¶ [0099]; see also at least ¶ [0100]: the final component is an arch support insert 220 shown in each of FIGS. 11 through 14. The arch support 220 has a curved upper portion 221 and an essentially flat lower portion 222 that are joined at the ends. The curved upper portion is flexible in three dimensions and is typically made of a plastic, such as polyether block amide sold under the trademark Pebax® owned by Arkema, a French corporation or a thermoplastic urethane. Curved upper portion 221 forms an arch to accommodate the human medial arch. As the upper portion is flexible in three dimensions, it can adjust to height, length and shape of the foot arch. The lower part 222 is essentially flat and stiff. It includes portions 223 and 224 containing hook and loop material that attaches to corresponding material on the underside of the insole base 201. A layer 225 of soft foam overlies the upper portion 221 to provide physical comfort; see also at least ¶ [0101]: Referring specifically to FIGS. 13 and 14, a finished arch support insert 220 has a medial edge 226 and a lateral edge 227. FIG. 13 is a perspective view from the medial edge 226; FIG. 14, from the lateral edge 227. The curved support portion 221 and layer 225, attached at the ends thereof to the lower part 222, cant from a minimum separation from the lower part 222 at the medial edge 226 to a maximum at the lateral edge 227. This cant facilitates the fit between the consumer's arch and the layer 225. The lower part 222 further prevents the upper part 221 from flattening during use).
Claim 11: The combination of Hinshaw, Penta, and Koelling teaches the limitations as shown in the rejections above. Further, Hinshaw, as shown, discloses the following limitations:
wherein at least a portion of the orthotics in the inventory have a heel aperture, said heel aperture being bored through the orthotic in a heel region of the orthotic (see at least ¶ [0097]: As shown particularly in FIGS. 11 and 12, a footbed 200 in accordance with this invention includes an insole base 201 with portions underlying the consumer's foot. These include a forefoot portion 202, a rear foot portion 203 and a connecting member 204 between the forefoot portion 202 and the rear foot portion 203. The rear foot portion 203 includes a cup-shaped heel structure for supporting and containing the consumer's heel and related tissue. The connecting member 204 is coextensive with a portion of the lateral column. This structure forms a two-part vacuity. A dashed line 205 in FIG. 11 depicts a medial boundary of a first part 206 that is positioned to underlie the second, third and fourth metatarsals. A dashed line 207 extending from the medial edges of the insole base 201 defines a second part 208 of the vacuity that underlies the arch. Examiner notes that as a “cup-shaped”, the heel portion has “an opening or open space”—i.e., an aperture).
Response to Arguments
The arguments submitted with the Reply have been fully considered but are not persuasive.
The arguments regarding the feature of orthotics being stored within the interior volume of the kiosk is moot in view of the new grounds of rejection.
Applicant argues that because Hinshaw provides 3D measurements of the foot, Hinshaw does not provide two-dimensional scanning. Examiner disagrees, because Hinshaw discloses at ¶ [0070] that “As an output the pressure sensing mat 45 produces an array of pressure signals that are used to produce a pressure map. Such a map shows distributed contact pressures either as a 3D contour map or a 2D color map.” Moreover, examiner notes that the three dimensions of the scan includes at least the two dimension required by the claim.
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.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The following references have been cited to further show the state of the art with respect to foot measuring technologies.
Penta et al. (U.S. Pub. No. 2020/0294109 A1) (footcare product dispensing kiosk); and
Mai et al. (Towards functionally individualized designed footwear recommendation for overuse injury prevention: A scoping review.” (2022)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Tokarczyk, whose telephone number is 571-272-9594. The examiner can normally be reached Monday-Thursday between 6:00 AM and 4:00 PM Eastern.
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, Mamon Obeid, can be reached at 571-270-1813. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER B TOKARCZYK/ Primary Examiner, Art Unit 3687