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 the Application
Claims 1-20 are currently pending in this case and have been examined and addressed below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/24/2024, 07/17/2024, 10/15/2024, 12/20/2024, 02/28/2024, 05/22/2025, 07/23/2025, 09/18/2025, 11/03/2025, 12/17/2025, 03/06/2026, and 04/23/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Step 1: Claims 1-17 and 20 are drawn to a machine. Claims 18-19 are drawn to a process. As such, claims 1-20 are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One: In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Independent Claim 1: A system for identifying a condition of a user, the system comprising:
an electromechanical machine configured to be manipulated by the user for;
an interface communicably coupled to the electromechanical machine;
a processing device and a memory communicatively coupled to the processing device, and the memory includes computer readable instructions that, when executed by the processing device, cause the processing device to:
receive, from one or more sensors, one or more sensor inputs representative of one or more of characteristics pertaining to an anatomical structure of the user;
calculate an infection probability based on the one or more characteristics of the anatomical structure;
and output, to the interface, a representation of the infection probability.
Independent Claim 18: A method for identifying a condition, the method comprising:
receiving, from one or more sensors, one or more sensor inputs representative of one or more of characteristics of a user;
determining an infection probability based on the one or more characteristics of the user;
and outputting, to an interface, a representation of the infection probability.
Independent Claim 20: A system for identifying a condition of a user, the system comprising:
an electromechanical machine configured to be manipulated by the user;
a processing device and a memory communicatively coupled to the processing device and the memory includes computer readable instructions that, when executed by the processing device, cause the processing device to:
receive, from one or more sensors, one or more sensor inputs representative of one or more of characteristics pertaining to an anatomical structure of the user;
generate, from the one or more characteristics, a baseline characteristic and a disease characteristic;
generate an infection probability based on the one or more characteristics, the baseline characteristic and the disease characteristic.
(Examiner notes: The above claim terms underlined are additional elements that fall under Step 2A - Prong Two analysis section detailed below)
These steps amount to methods of organizing human activity which includes functions relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; satisfying or avoiding a legal obligation; advertising, marketing, and sales activities or behaviors; and managing human mental activity (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people). Therefore, receiving characteristics pertaining to an anatomical structure, calculate an infection probability based on the characteristics, output a representation of the infection probability, generate a baseline and disease characteristics, and generate an infection probability are directed to managing personal interactions or personal behavior.
The dependent claim 2 is directed to identify, one or more characteristics associated with the anatomical structure that is diseased.
The dependent claim 3 is directed to diagnose, based on the one or more characteristics, a presence of the disease and wherein the infection probability correlates with the probability of the disease being diagnosed.
The dependent claim 4 is directed to output a recommendation for a treatment plan based on at least one of the infection probability and the diagnosis.
The dependent claim 5 is directed to the infection probability.
The dependent claim 6 is directed to selectively identify a threshold infection probability; and selectively identify the infection probability being at least equal to the threshold infection probability.
The dependent claim 8 is directed to output a recommendation for one or more of a medication, a treatment plan, and a visit with a medical professional.
The dependent claim 9 is directed to the visit comprises a telemedicine-enabled appointment, the telemedicine-enabled appointment characterized by the medical professional and the user not being in direct physical proximity to each other.
The dependent claim 10 is directed to the infection probability pertains to a disease and the disease is defined as an infection related to one of a surgical site or injury of the anatomical structure.
The dependent claim 11 is directed to receive one or more inputs and generate the infection probability based on the one or more inputs.
The dependent claim 12 is directed to the one or more inputs comprise one or more of an indication, associated with the user, of a pressure, a pain level, discoloration of a structure, and a mobility of a structure.
The dependent claim 13 is directed to the one or more characteristics are defined as one or more etiological characteristics and generate the infection probability based on the one or more etiological characteristics.
The dependent claim 14 is directed to the one or more etiological characteristics comprise at least one of a procedure or injury associated with the structure.
The dependent claim 15 is directed to the one or more sensor inputs comprises one or more of temperature information, pressure information, discoloration information, image information, vital sign information, or measurement information.
The dependent claim 16 is directed to generate, from the one or more characteristics, a baseline characteristic and a disease characteristic and generate the infection probability based on the one or more characteristics, the baseline characteristic and the disease characteristic.
The dependent claim 17 is directed to the baseline characteristic represents a state of the anatomical structure without the disease characteristics.
The dependent claim 19 is directed to identifying one or more characteristics associated with a diseased anatomical structure.
Each of these steps of the preceding dependent claims 2-17 and 19 only serve to further limit or specify the features of independent claims 1, 18, and 20 accordingly, and hence are nonetheless directed towards fundamentally the same abstract idea as the independent claim and utilize the additional elements analyzed below in the expected manner.
As such, the Examiner concludes that the preceding claims recite an abstract idea (Step 2A – Prong One: YES).
Step 2A - Prong Two: In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
Claims 1 and 20 recite an electromechanical machine configured to be manipulated by the user, only as being used in its ordinary capacity and is merely a tool to execute the abstract idea computer (MPEP § 2106.05(f)(2)).
Claims 1, 4, and 18 recite the use of an interface communicably coupled to the electromechanical machine, only recites the interface communicably coupled to the electromechanical machine as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claims 1-8, 11, 13, and 16 recite the use of a processing device and a memory communicatively coupled to the processing device, and the memory includes computer readable instructions that, when executed by the processing device, cause the processing device, in this case to receive one or more sensor inputs, calculate an infection probability, output a representation of the infection probability, identify one or more characteristics associated with the anatomical structure that is diseased, diagnose a presence of the disease, output a recommendation for a treatment plan, selectively identify a threshold infection probability, selectively identify the infection probability being at least equal to the threshold infection probability, output a recommendation for one or more of a medication, treatment plan, or visit with a medical professional, and generate the infection probability, generate a baseline and disease characteristics, only recites the processing device and a memory communicatively coupled to the processing device, and the memory includes computer readable instructions that, when executed by the processing device, cause the processing device as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claims 1, 18, and 20 recite the use of one or more sensors, only as being used in its ordinary capacity and is merely a tool to execute the abstract idea (MPEP § 2106.05(f)(2)).
Claim 5 recites the use of the interface is configured to present at least one of an image or an audible or tactile signal, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 7 recites the use of the interface is associated with one or more of the electromechanical machine, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 20 recites the use of a processing device and a memory communicatively coupled to the processing device and the memory includes computer readable instructions that, when executed by the processing device, cause the processing device, in this case to receive one or more sensor inputs, generate a baseline a disease characteristics, and generate an infection probability based on the baseline and the disease characteristics, only recites the a processing device and a memory communicatively coupled to the processing device and the memory includes computer readable instructions that, when executed by the processing device, cause the processing device as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B: In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception.
As discussed above in “Step 2A – Prong 2”, the identified additional elements, such as an electromechanical machine configured to be manipulated by the user, an interface communicably coupled to the electromechanical machine, a processing device and a memory communicatively coupled to the processing device, and the memory includes computer readable instructions that, when executed by the processing device, cause the processing device, one or more sensors, the interface is configured to present at least one of an image or an audible or tactile signal, and the interface is associated with one or more of the electromechanical machine in independent claims 1, 18, and 20 and dependent claims 2-17 and 19 are equivalent to adding the words “apply it” on a generic computer. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of the computer and data processing devices to apply the algorithm. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”). Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements are directed to generic computer component and functions being used to perform the abstract idea.
This conclusion is based on a factual determination. Applicant’s own disclosure in paragraphs [0057] and [0106] acknowledges that the “the user interface includes an input device 52 and an output device 54, which may be collectively called a user interface…and… a user interface (e.g., a display of the computing device)”. Paragraph [0060] discloses “an electromechanical machine including one or more weights, an electromechanical bicycle, an electromechanical spin-wheel, a smart-mirror, a treadmill, or the like”. Additionally, paragraph [0094] discloses “Sensors can be used to monitor the user and provide one or more inputs to the system 10”. The specification further acknowledges in paragraph [0127] “a processing device 1002, a main memory 1004 (e.g., read-only memory (ROM), flash memory, solid state drives (SSDs), dynamic random access memory (DRAM) such as synchronous DRAM (SDRAM), a static memory 1006 (e.g., flash memory, solid state drives (SSDs), static random access memory (SRAM), and a data storage device 1008, which communicate with each other via a bus 1010. [0128] Processing device 1002 represents one or more general-purpose processing devices such as a microprocessor, central processing unit, or the like. More particularly, the processing device 1002 may be a complex instruction set computing (CISC) microprocessor, reduced instruction set computing (RISC) microprocessor, very long instruction word (VLIW) microprocessor, or a processor implementing other instruction sets or processors implementing a combination of instruction sets. The processing device 1402 may also be one or more special-purpose processing devices such as an application specific integrated circuit (ASIC), a system on a chip, a field programmable gate array (FPGA), a digital signal processor (DSP), network processor, or the like”.
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, claims 1-20 are not eligible subject matter under 35 USC 101.
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.
(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 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newberry (US-20190134308-A1)[hereinafter Newberry].
As per Claim 18, Newberry discloses a method for identifying a condition in paragraphs [0013] and [0073-0074] (a method for identifying the presence and specific type of infection (synonymous to identifying a condition)), the method comprising: receiving, from one or more sensors, one or more sensor inputs representative of one or more of characteristics of a user in paragraphs [0073-0074] and [0081] and [0179] (receiving, from a biosensor, health data (synonymous to one or more sensor inputs) representative of characteristics of an anatomical structure associated with the patient); determining an infection probability based on the one or more characteristics of the user in paragraphs [0073-0075] and [0083] and [0143] (determine the infection risk (synonymous to an infection probability) based on biomarkers and vital signs (synonymous to one or more characteristics associated with anatomical structure)); and outputting, to an interface, a representation of the infection probability in paragraphs [0162] and [0168-0169] (outputting, to the display, a warning of possible infection risk).
As per Claim 19, Newberry discloses the method of claim 18, Newberry also discloses further comprising identifying one or more characteristics associated with a diseased anatomical structure in paragraphs [0074-0075] and [0143] and [0162] and [0179] (identify biomarkers and vital signs that are associated with an infection).
Claim Rejections - 35 USC § 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.
Claims 1-3, 5-7, 10-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Newberry (US-20190134308-A1)[hereinafter Newberry], in view of Volkerink et al. (US-20170203157-A1)[hereinafter Volkerink].
As per Claim 1, Newberry discloses a system for identifying a condition of a user in paragraphs [0013] and [0073-0074] (a system for identifying the presence and specific type of infection (synonymous to identifying a condition)), the system comprising: a processing device and a memory communicatively coupled to the processing device, and the memory includes computer readable instructions that, when executed by the processing device in paragraphs [0270-0271] (a processing module and a memory coupled to the processing module, and the memory includes operational instructions executed by the processing module), cause the processing device to: receive, from one or more sensors, one or more sensor inputs representative of one or more of characteristics pertaining to an anatomical structure of the user in paragraphs [0073-0074] and [0081] and [0179] (receive, from a biosensor, health data (synonymous to one or more sensor inputs) representative of characteristics of an anatomical structure associated with the patient); calculate an infection probability based on the one or more characteristics of the anatomical structure in paragraphs [0073-0075] and [0083] and [0143] (determine the infection risk (synonymous to an infection probability) based on biomarkers and vital signs (synonymous to one or more characteristics associated with anatomical structure)); and output, to the interface, a representation of the infection probability in paragraphs [0162] and [0168-0169] (output, to the display, a warning of possible infection risk).
Newberry discloses a display device but does not disclose a display device coupled to an electromechanical machine. However, Volkerink discloses an electromechanical machine configured to be manipulated by the user for in paragraphs [0002-0003] and [0090-0091] (an electromechanical machine to be used by a user while a user performs an exercise routine (synonymous to a treatment plan)); an interface communicably coupled to the electromechanical machine in paragraphs [0090] and [0093-0094] and [0108-0109] and Figure 2 (an interface communicatively coupled to the electromechanical machine).
It would have been obvious to one of ordinary still in the art to include in the system for identifying a condition of Newberry with the electromechanical machine and the interface coupled to the electromechanical machine as taught by Volkerink since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a system for identifying a condition that includes an interface coupled to an electromechanical machine configured to be manipulated by the user.
As per Claim 2, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the processing device is further configured to identify, one or more characteristics associated with the anatomical structure that is diseased in paragraphs [0074-0075] and [0143] and [0162] and [0179] (identify biomarkers and vital signs that are associated with an infection).
As per Claim 3, Newberry and Volkerink disclose the system of claim 2, Newberry also discloses wherein the processing device is further configured to diagnose, based on the one or more characteristics, a presence of the disease in paragraphs [0073-0075] and [0083] (diagnose, based on the biomarkers and vital signs, a presence of an infection (Examiner notes that an infection includes sepsis or pneumonia which are classified as diseases)) and wherein the infection probability correlates with the probability of the disease being diagnosed by a medical professional in paragraphs [0073-0075] and [0083] and [0174] and [0176] and [0205] (the infection risk correlates to the healthcare provider diagnosing the infection).
As per Claim 5, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the interface is configured to present at least one of an image or an audible or tactile signal representative of the infection probability in paragraph [0162] (present an audible signal representative of the infection risk).
As per Claim 6, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the processing device is further configured to: selectively identify a threshold infection probability in paragraphs [0143] and [0146-0147] and [0169] (selectively identify an infection risk threshold); and selectively identify the infection probability being at least equal to the threshold infection probability in paragraphs [0143] and [0146-0147] and [0169] (selectively identify the infection risk being equal to or exceeding to the infection risk threshold).
As per Claim 7, Newberry and Volkerink disclose the system of claim 6.
Newberry discloses a display device but does not disclose a display device coupled to an electromechanical machine. However, Volkerink discloses wherein the interface is associated with one or more of the electromechanical machine and a medical professional in paragraphs [0090] and [0093-0094] and [0108-0109] and Figure 2 (the interface is associated with the electromechanical machine (Examiner notes that electromechanical machine meets the "one or more" limitation)).
It would have been obvious to one of ordinary still in the art to include in the system for identifying a condition of Newberry with the interface associated with to the electromechanical machine as taught by Volkerink since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a system for identifying a condition that includes an interface associated with an electromechanical machine.
As per Claim 10, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the infection probability pertains to a disease and the disease is defined as an infection related to one of a surgical site or injury of the anatomical structure in paragraphs [0160] and [0162] (the infection risk pertains to sepsis that is an infection related to a wound or surgical incision).
As per Claim 11, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the processing device is further configured to: generate, based on one or more of the one or more inputs and the one or more sensor inputs, the infection probability in paragraphs [0146] and [0167-0169] and [0179] (generate, based on the health data, the infection risk (Examiner notes that the health data being used to generate the infection risk meet the "one or more" limitation)).
Newberry does not disclose the following limitations. However, Volkerink discloses receive, from the interface, one or more inputs in paragraphs [0090] and [0095] and [0106] and [0108-0109] (receive, from the interface, input).
It would have been obvious to one of ordinary still in the art to include in the system for identifying a condition of Newberry with receiving inputs form the interface as taught by Volkerink since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a system for identifying a condition that receives inputs from the interface.
As per Claim 12, Newberry and Volkerink disclose the system of claim 11.
Newberry does not disclose the following limitations. However, Volkerink discloses wherein the one or more inputs comprise one or more of an indication, associated with the user, of a pressure, a pain level, discoloration of a structure, and a mobility of a structure in paragraphs [0109-0110] and [0148-0150] and [0156-0157] (input includes exercise history and movement sensors (synonymous to an indication of a mobility of a structure) (Examiner notes that an indication of a mobility of a structure meets the "one or more" limitation)).
It would have been obvious to one of ordinary still in the art to include in the system for identifying a condition of Newberry with the inputs including an indication of pressure, pain level, discoloration of a structure, or mobility of a structure as taught by Volkerink since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a system for identifying a condition that receives inputs including an indication of pressure, pain level, discoloration of a structure, or mobility of a structure.
As per Claim 13, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the one or more characteristics are defined as one or more etiological characteristics in paragraphs [0193] and [0198-0201] (the characteristics includes gram-positive bacteria and parasites, (Examiner notes that gram-positive bacteria and parasites are etiological characteristics)), and the processing device is further configured to generate the infection probability based on the one or more etiological characteristics in paragraphs [0193] and [0198-0201] (generate the infection risk based on the gram-positive bacteria).
As per Claim 14, Newberry and Volkerink disclose the system of claim 13, Newberry also discloses wherein the one or more etiological characteristics comprise at least one of a procedure or injury associated with the structure in paragraphs [0164] and [0193] and [0198-0208] (gram-positive bacteria received during a surgery or from a wound).
As per Claim 15, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the one or more sensor inputs comprises one or more of temperature information, pressure information, discoloration information, image information, vital sign information, or measurement information in paragraphs [0074] and [0179] (the health data includes skin temperature, heart rate, color of the blood flow, level of liver enzymes, vasodilation, nitric oxide levels, SpO2 levels, hemoglobin ratios or respiration rate (Examiner notes that skin temperature, heart rate, color of the blood flow, level of liver enzymes, vasodilation, nitric oxide levels, SpO2 levels, hemoglobin ratios or respiration rate meets the "one or more" limitation)).
As per Claim 16, Newberry and Volkerink disclose the system of claim 1, Newberry also discloses wherein the processing device is further configured to: generate, from the one or more characteristics, a baseline characteristic and a disease characteristic in paragraphs [0146] and [0148] and [0167-0168] (generate, from the biomarkers and vital signs, a baseline measurement and an indication of infection (synonymous to a disease characteristic)); and generate the infection probability based on the one or more characteristics, the baseline characteristic and the disease characteristic in paragraphs [0146] and [0167-0169] and [0179] (generate the infection risk based on the biomarkers, vital signs, baseline measurement, and indication of infection).
As per Claim 17, Newberry and Volkerink disclose the system of claim 16, Newberry also discloses wherein the baseline characteristic represents a state of the anatomical structure without the disease characteristics in paragraphs [0146] and [0148] and [0175] and [0179] and [0238] (the baseline measurement represents a state of the anatomical structure without the indication of infection).
As per Claim 20, Newberry discloses a system for identifying a condition of a user in paragraphs [0013] and [0073-0074] (a system for identifying the presence and specific type of infection (synonymous to identifying a condition)), the system comprising: a processing device and a memory communicatively coupled to the processing device and the memory includes computer readable instructions that, when executed by the processing device in paragraphs [0270-0271] (a processing module and a memory coupled to the processing module, and the memory includes operational instructions executed by the processing module), cause the processing device to: receive, from one or more sensors, one or more sensor inputs representative of one or more of characteristics pertaining to an anatomical structure of the user in paragraphs [0073-0074] and [0081] and [0179] (receive, from a biosensor, health data (synonymous to one or more sensor inputs) representative of biomarkers and vital signs (synonymous to one or more characteristics associated with anatomical structure) of the patient); generate, from the one or more characteristics, a baseline characteristic and a disease characteristic in paragraphs [0146] and [0148] and [0167-0168] (generate, from the biomarkers and vital signs, a baseline measurement and an indication of infection (synonymous to a disease characteristic)); generate an infection probability based on the one or more characteristics, the baseline characteristic and the disease characteristic in paragraphs [0146] and [0167-0169] and [0179] (generate the infection risk based on the biomarkers, vital signs, baseline measurement, and indication of infection).
Newberry does not disclose the following limitations. However, Volkerink discloses an electromechanical machine configured to be manipulated by the user in paragraphs [0002-0003] and [0090-0091] (an electromechanical machine to be used by a user while a user performs an exercise routine (synonymous to a treatment plan)).
It would have been obvious to one of ordinary still in the art to include in the system for identifying a condition of Newberry with the electromechanical machine as taught by Volkerink since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a system for identifying a condition that includes an electromechanical machine configured to be manipulated by the user.
Claims 4 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Newberry (US-20190134308-A1)[hereinafter Newberry], in view of Volkerink et al. (US-20170203157-A1)[hereinafter Volkerink], in view of VO et al. (US-20180108430-A1)[hereinafter Vo].
As per Claim 4, Newberry and Volkerink disclose the system of claim 3.
Newberry and Volkerink do not disclose the following limitations. However, Vo discloses wherein the processing device is further configured to output, to the interface, a recommendation for a treatment plan based on at least one of the infection probability and the diagnosis in paragraphs [0018] and [0021-0022] and [0092] (display, to a visual enabled device (synonymous to an interface), a recommendation for a corrective action plan based on the diagnosis (Examiner notes that the diagnosis meets the "at least one of" limitation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for identifying a condition, as disclosed by Newberry and Volkerink, to be combined with outputting a recommendation for a treatment plan based on the infection probability or diagnosis, as disclosed by Vo, for the purpose of improving access to specialty care in remote locations and reducing the overall costs for healthcare consultations [0010].
As per Claim 8, Newberry and Volkerink disclose the system of claim 6.
Newberry and Volkerink do not disclose the following limitations. However, Vo discloses wherein the processing device is further configured to output, to the interface, a recommendation for one or more of a medication, a treatment plan, and a visit with a medical professional in paragraphs [0021] and [0092] (display, to a visual enabled device, a recommendation for a corrective action plan and a telehealth follow up (synonymous to a visit with a medical professional) (Examiner notes that the corrective action plan and telehealth follow up meets the "one or more" limitation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for identifying a condition, as disclosed by Newberry and Volkerink, to be combined with outputting a recommendation for a medication, treatment plan, or a visit with a medical professional, as disclosed by Vo, for the purpose of improving access to specialty care in remote locations and reducing the overall costs for healthcare consultations [0010].
As per Claim 9, Newberry, Volkerink, and Vo disclose the system of claim 8.
Newberry and Volkerink do not disclose the following limitations. However, Vo discloses wherein the visit comprises a telemedicine-enabled appointment, the telemedicine-enabled appointment characterized by the medical professional and the user not being in direct physical proximity to each other in paragraphs [0021] and [0050-0051] (the telehealth follow up (synonymous to a telemedicine-enabled appointment) is characterized by the medical provider is not located at the same physical location as the patient).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for identifying a condition, as disclosed by Newberry and Volkerink, to be combined with the visit including a telemedicine-enabled appointment characterized by the medical professional and the user not being in physical proximity to each other, as disclosed by Vo, for the purpose of improving access to specialty care in remote locations and reducing the overall costs for healthcare consultations [0010].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jennie Dusheck, "Wearable sensors can tell when you are getting sick", (2017) teaches fitness monitors and other wearable biosensors can suggest a possible illness based on vital signs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTEN N WRIGHT whose telephone number is (571)272-5116. The examiner can normally be reached Monday thru Friday 8 - 5 pm, ET.
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, Fonya Long can be reached on (571)270-5096. 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.
/K.N.W./Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682
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