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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-13 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-13 of prior U.S. Patent No. 12009009. This is a statutory double patenting rejection.
Claims of application Claims of USPN 12009009
1. A method of providing health information through use of a person's voice, comprising: capturing a voice recording from the person; using at least one processor to: retrieve at least one voice characteristic from the voice recording; map the at least one voice characteristic to at least a first musculoskeletal biomarker among a plurality of musculoskeletal biomarkers; identify the at least a first musculoskeletal biomarker with a corresponding first intensity based on the mapping; using an avatar to display a location of the first biomarker; visually depict an indicator of the first intensity; present at least one recommendations depending on the location of the first biomarker and the first intensity; and wherein the different recommendations include at least one of a corrective exercise and a corrective therapy.
2. The method of claim 1, further comprising using a cell phone or other mobile consumer device to capture the voice recording, without requiring any extraneous attachment.
3. The method of claim 1, further comprising collecting voice samples from a cohort of persons, and developing a set of correlations between the collected voice samples and multiple musculoskeletal biomarkers of the different persons, and comparing the voice recording to data in the set of correlations.
4. The method of claim 3, further comprising adding to the set of correlations, first intensity information derived from amplitude frequency sweeps of the collected voice samples.
5. The method of claim 3, further comprising applying a Tens unit or other electrical stimulation to a particular muscle or a muscle group to verify data in the set of correlations.
6. The method of claim 3, further comprising using manual stimulation of a particular muscle or a muscle group to verify data in the set of correlations.
7. The method of claim 1, wherein the avatar comprises a 3D representation of a person, such that a viewer can visualize front, side, and back views of the avatar.
8. The method of claim 1, wherein the indicator uses color coding to designate the first intensity.
9. The method of claim 1, further comprising depicting the indicator both on the avatar, and in a listing that correlates the indicator with an associated one of the different recommendations.
10. The method of claim 9, wherein the listing further correlates the indicator with an anatomical representation of a body located near the indicator on the avatar.
11. The method of claim 9, further comprising using the voice recording to identify at least a second musculoskeletal biomarker with a corresponding second intensity; and using an avatar to display a location of the second biomarker; and wherein the listing ranks the first and second musculoskeletal biomarkers with respect to their corresponding first and second intensities.
12. The method of claim 1, wherein the at least processor uses artificial intelligence to process the voice recording to identify at least the first musculoskeletal biomarker with the first intensity.
13. The method of claim 1, further comprising providing a software app through an app store, which collects the voice recording, and transmits the voice recording to a receiving portal, receives data from a delivery portal, and presents the received data to a user in an interface that include the avatar.
1. A method of providing health information through use of a person's voice, comprising: capturing a voice recording from the person; using at least one processor to: retrieve at least one voice characteristic from the voice recording; map the at least one voice characteristic to at least a first musculoskeletal biomarker among a plurality of musculoskeletal biomarkers; identify the at least a first musculoskeletal biomarker with a corresponding first intensity based on the mapping; using an avatar to display a location of the first biomarker; visually depict an indicator of the first intensity; present at least one recommendations depending on the location of the first biomarker and the first intensity; and wherein the different recommendations include at least one of a corrective exercise and a corrective therapy.
2. The method of claim 1, further comprising using a cell phone or other mobile consumer device to capture the voice recording, without requiring any extraneous attachment.
3. The method of claim 1, further comprising collecting voice samples from a cohort of persons, and developing a set of correlations between the collected voice samples and multiple musculoskeletal biomarkers of the different persons, and comparing the voice recording to data in the set of correlations.
4. The method of claim 3, further comprising adding to the set of correlations, first intensity information derived from amplitude frequency sweeps of the collected voice samples.
5. The method of claim 3, further comprising applying a Tens unit or other electrical stimulation to a particular muscle or a muscle group to verify data in the set of correlations.
6. The method of claim 3, further comprising using manual stimulation of a particular muscle or a muscle group to verify data in the set of correlations.
7. The method of claim 1, wherein the avatar comprises a 3D representation of a person, such that a viewer can visualize front, side, and back views of the avatar.
8. The method of claim 1, wherein the indicator uses color coding to designate the first intensity.
9. The method of claim 1, further comprising depicting the indicator both on the avatar, and in a listing that correlates the indicator with an associated one of the different recommendations.
10. The method of claim 9, wherein the listing further correlates the indicator with an anatomical representation of a body located near the indicator on the avatar.
11. The method of claim 9, further comprising using the voice recording to identify at least a second musculoskeletal biomarker with a corresponding second intensity; and using an avatar to display a location of the second biomarker; and wherein the listing ranks the first and second musculoskeletal biomarkers with respect to their corresponding first and second intensities.
12. The method of claim 1, wherein the at least processor uses artificial intelligence to process the voice recording to identify at least the first musculoskeletal biomarker with the first intensity.
13. The method of claim 1, further comprising providing a software app through an app store, which collects the voice recording, and transmits the voice recording to a receiving portal, receives data from a delivery portal, and presents the received data to a user in an interface that include the avatar.
Allowable Subject Matter
Claims 1-13 are allowable over the prior art on record and will be allowed after resolving the double patenting issue. The following is an examiner’s statement of reasons for allowance: Raj (USPG 2023/0054890, hereinafter referred to as Raj) discloses a method of providing health information through use of a person's voice, comprising: capturing a voice recording from the person; using at least one processor to: retrieve at least one voice characteristic from the voice recording (paragraphs 7, 27, and 38, the use of speech recognition to control treatment plan); map the at least one voice characteristic to at least a first musculoskeletal biomarker among a plurality of musculoskeletal biomarkers (paragraphs 7, 27, and 38, the use of speech recognition to control treatment plan). Raj fails to explicitly disclose the combination of the limitations regarding “identify the at least a first musculoskeletal biomarker with a corresponding first intensity based on the mapping; using an avatar to display a location of the first biomarker; visually depict an indicator of the first intensity; present at least one recommendations depending on the location of the first biomarker and the first intensity; and wherein the different recommendations include at least one of a corrective exercise and a corrective therapy.” Furthermore, it would not have been obvious to one of ordinary skill in the art to modify the prior art in order to arrive at the claimed invention. Therefore, claims 1-13 are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Comeau et al. (USPG 2017/0112418) teach motion capture and analysis system for assessing mammalian kinetics that is considered pertinent to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN X VO whose telephone number is (571)272-7631. The examiner can normally be reached M-F, 8-4.
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/HUYEN X VO/Primary Examiner, Art Unit 2656