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 .
Response to Amendment
The preliminary amendment filed 13 March 2024 has been entered. Claims 1-6, 9, 14, 21, 27-32, and 35-39 are pending.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Pain information acquisition unit in claim 1, 14, 38, 39; Presentation unit in claim 1, 3, 5, 9, 38, 39; Exercise period acquisition unit in claim 4; Motion acquisition unit in claim 5, 6; Motion detection device in claim 6, 36; Effect judgment unit in claim 14; Message output unit in claim 21; Period setting reception unit in claim 27, 35, 36; User information acquisition unit in claim 27, 30, 35, 36.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The limitations are interpreted as follows:
Pain information acquisition unit: a module of a control unit, where the control unit corresponds to a CPU (Paragraphs 0056-0059, 0090; Fig. 6 and 9, element 101).
Presentation unit: a monitor (Paragraph 0054).
Exercise period acquisition unit: a module of a control unit, where the control unit corresponds to a CPU (Figs. 6 and 9, element 104).
Motion acquisition unit: a module of a control unit, where the control unit corresponds to a CPU (Paragraphs 0056-0060, 0091; Figs. 6 and 9, element 102a).
Motion detection device: a device attached to the body of a user and including sensors such as motion, pressure or myoelectric sensors (Paragraph 0085-0088; Fig. 9, element 3).
Effect judgment unit: a module of a control unit, where the control unit corresponds to a CPU (Paragraphs 0090, 010-0104; Fig. 9, element 106).
Message output unit: a module of a control unit, where the control unit corresponds to a CPU (Paragraphs 0090, 0113-0122; Fig. 9, element 108).
Period setting reception unit: a module of a control unit, where the control unit corresponds to a CPU (Paragraphs 0044, 0047; Fig. 2, element 203).
User information acquisition unit : a module of a control unit, where the control unit corresponds to a CPU (Paragraphs 0044-0045; Fig. 2, element 201).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Utilizing the two step process adopted by the Supreme Court (Alice Corp vs CLS Bank Int'l, US
Supreme Court, 110 USPQ2d 1976 (2014) and the recent 101 guideline Federal Register Vol. 84, No., Jan
2019)), determination of the subject matter eligibility under the 35 U.S.C. 101 is as follows: Specifically, the Step 1 requires claim belongs to one of the four statutory categories (process, machine, manufacture, or composition of matter). If Step 1 is satisfied, then in the first part of Step 2A (Prong One), identification of any judicial recognized exceptions in the claim is made. If any limitation in the claim is identified as judicial recognized exception, then in the second part of Step 2A (Prong Two), determination is made whether the identified judicial exception is being integrated into practical application. If the identified judicial exception is not integrated into a practical application, then in Step 2B, the claim is further evaluated to see if the additional elements, individually and in combination provide "inventive concept" that would amount to significantly more than the judicial exception. If the element and combination of elements do not amount to significantly more than the judicial recognized exception itself, then the claim is ineligible under the 35 U.S.C. 101.
Claims 1-6, 9, 14, 21, 27-32, and 35-39 are rejected under 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, in this case an abstract idea, without significantly more. The claim recite(s) " a pain information acquisition unit configured to acquire first pain information about pain in a target site of a user; and a presentation unit configured to present, to the user, recommended exercise for the user, as determined based on the first pain information ". This judicial exception is not integrated into a practical application and the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 1 satisfies Step 1, namely the claim is directed to one of the four statutory classes, machine. Following Step 2A Prong one, any judicial exceptions are identified in the claims. In claim 1, the limitations "acquire first pain information about pain in a target site of a user” and “as determined based on the first pain information" which directly implies a determination based on the first pain information are abstract ideas as they are directed to a mental process as it is possible for a user to use observation and judgment to acquire pain information (such as by judging the reaction or symptoms of a patient) and to perform a determination on that basis such as to choose a form of treatment. With the identification of an abstract idea, the next phase is to proceed Step 2A, Prong Two, wherewith additional elements and taken as a whole, evaluation occurs of whether the identified abstract idea is integrated into a practical application.
In Step 2A, Prong Two, the claim does not recite any additional elements or evidence that amounts to significantly more than the judicial exception. Besides the abstract idea, the claim recites the additional elements “a pain information acquisition unit” and “a presentation unit configured to present, to the user, recommended exercise for the user”. Regarding “a pain information acquisition unit” and “a presentation unit”, the limitations amount to nothing more than an instruction to apply the abstract idea using a generic computer, which does not render an abstract idea eligible. The steps performed by the units are, as claimed, capable of being performed in the human mind similar to the examples given in MPEP 2106.04(a)(2)(III)(A)-(C), wherein it is described that “a claim to ‘collecting information, analyzing it, and displaying certain results of the collection and analysis’ where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind” recites a mental process and that claims which merely use a computer as a tool to perform a mental process are not eligible when “there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper” such as “mental processes of parsing and comparing data” when the steps are recited at a high level of generality and a computer is used merely as a tool to perform the processes. It is noted that even if “acquire first pain information about pain in a target site of a user” were not capable of being performed in the human mind, it along with the limitation of “present, to the user, recommended exercise for the user” would be seen as the use of well-understood, routine, or conventional elements to gather or output data for the mental process step, much like the example given in MPEP 2106.04(d)(2)(c) and those of 2106.05(g), such that these limitation constitute be extra-solution activity and would not integrate the judicial exception into a practical application. The acquisition step leads to the final limitation of “present[ing]” such that the end result of use of the system is only the generic recommended exercise which may be any generic output. As this presentation is not defined as requiring any further action, such as a form of prophylaxis or treatment or an improvement to a computer or other technology, the claim limitations constitute mere generation of data, in this case the acquisition of pain information, such that the claim does not integrate the judicial exception into any practical application. Under the broadest reasonable interpretation, the claim elements are recited with a high level of generality (as written, each claimed step of the process may be performed by a person in an undefined manner including using personal observations and judgments) that there are no meaningful limitations to the abstract idea. Consequently, with the identified abstract idea not being integrated into a practical application, the next step is Step 2B, evaluating whether the additional elements provide "inventive concept" that would amount to significantly more than the abstract idea.
In Step 2B, claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The limitation of “a pain information acquisition unit” and “a presentation unit configured to present, to the user, recommended exercise for the user” constitutes extra-solution activity to the judicial exception, which does not amount to an inventive concept when the activity is well-understood, routine, or conventional, and are thus not indicative of integration into a practical application. The claim limitation constitutes adding a generic processor and display, which Brust (US 20170329933 A1) describes as well-understood, routine or conventional in its description of a terminals and interfaces which may be presented via smartphone devices including processors and displays which are commercially available and known in the art (Paragraph 0047, 0053, 0079, 0198--- The computer system machine may be a personal computer (PC) that may or may not be portable (e.g., a notebook or a netbook), a tablet, a set-top box (STB), a gaming console, a Personal Digital Assistant (PDA), a mobile telephone or smartphone, a web appliance, a network router, switch or bridge, or any machine capable of executing instructions). As discussed above with respect to integration of the abstract idea into a practical application, the present elements amount to no more than mere indications to apply the exception.
In Summary, claim 1 recites abstract idea without being integrated into a practical application, and does not provide additional elements that would amount to significantly more. As such, taken as a whole, the claim and is ineligible under the 35 U.S.C. 101.
Claim 37 is rejected for similar reasons.
Claims 2-6, 9, 14, 21, 27-32, 35-36, and 38-39 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, in this case an abstract idea, without significantly more. As each of these claims depends from claim 1, which was rejected under 35 U.S.C. 101 in paragraph 9 of this action, these claims must be evaluated on whether they sufficiently add to the practical application of claim 1, or comprise significantly more than the limitations of claim 1.
Besides the abstract idea of claim 1: claims 2, 4-6, 9, 14, 21, 27-32, 35-36, and 38-39 recite additional limitations which constitute the use of well-understood, routine, or conventional elements to gather or output data for the mental process step, much like the example given in MPEP 2106.04(d)(2)(c) and those of 2106.05(g), such that these limitation constitute be extra-solution activity and would not integrate the judicial exception into a practical application; claims 3, 5, 14, 28 recite an additional mental processes or details of mental processes.
It is further noted that the dependent claims recite additional limitations which are extra-solution activity to the judicial exception, which does not amount to an inventive concept when the activity is well-understood, routine, or conventional, and are thus not indicative of integration into a practical application. The claim limitations constitutes adding a generic processor, sensor device, terminal, server, and electronic device which Brust (US 20170329933 A1) describes as well-understood, routine or conventional in its description of a terminals and interfaces which may be presented via smartphone devices including processors and displays which are commercially available and known in the art (Paragraph 0047, 0053, 0079, 0198--- The computer system machine may be a personal computer (PC) that may or may not be portable (e.g., a notebook or a netbook), a tablet, a set-top box (STB), a gaming console, a Personal Digital Assistant (PDA), a mobile telephone or smartphone, a web appliance, a network router, switch or bridge, or any machine capable of executing instructions), sensors which are commercially available and well-understood (Paragraph 0065, 0078-0079) as well as well-known communication networks and server systems (Paragraph 0034, 0198, 0201-0204).
The claim element of claim 1 of a recommended exercise presentation device is recited with a high level of generality (as written, the actions of the processing circuitry may be carried out by a person alone or with a generic computer in any undefined manner). This limitation provides no practical application, nor does it provide meaningful limitations to the abstract idea.
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.
Claim(s) 1-6, 9, 14, 21, 27-32, and 35-39 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Brust (US 20170329933 A1).
Regarding claim 1, Brust teaches a recommended exercise presentation device (Client computing device 112/patient interface 330) comprising:
a pain information acquisition unit configured to acquire first pain information about pain in a target site of a user (Paragraph 0038, 0064, 0068, 0081, 0088-- collect responses from the human user 106 on subjective results of the treatment (e.g., pain)… a measurement or indication of pain 690 (such as may be measured by a sensor or input by the patient)); and
a presentation unit configured to present, to the user, recommended exercise for the user, as determined based on the first pain information (Paragraph 0031, 0038, 0044-0045, 0054, 0058-0060, 0081, 0088-0091, 0119-0120-- The type of physical therapies that may be performed with the presently described techniques and systems may relate to an orthopedic or sports injury, chronic condition, progressing condition, or other physiological medical condition… may present a user interface to allow the human user 106 to review recommendations for therapy activities… The graphical user interface 522 includes a display of a set of therapy activities, such as exercises, including a therapy regimen for a particular day, along with a set of activities being organized by a morning display 532, afternoon display 534, and evening display 536 of activities… a “quality of therapy” measurement, which is derived from various device measurements to determine a quality of execution of therapy… The types of calculations used for this measurement may include: an improvement in weight, number of repetitions, or the amount of pain reported for a certain therapy exercise… Based on the data collected, and the “Quality” score, a mobile app can coach a patient to perform a physical therapy exercise in a certain way, or provide a suggestion in real-time how to do the exercise more effectively or safely… if a human user 106 rates a suggested action as too hard or painful, the weight of the suggested action can be decreased, and the weight of suggested actions with lower difficulty can be increased).
Regarding claim 2, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches wherein the first pain information comprises at least one selected from the group consisting of a degree of pain in the target site, a type of pain, and a combination of the degree of pain and the type of pain (Paragraph 0038, 0064, 0068, 0081, 0088-- collect responses from the human user 106 on subjective results of the treatment (e.g., pain)… a measurement or indication of pain 690 (such as may be measured by a sensor or input by the patient)).
Regarding claim 3, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches wherein the presentation unit presents, to the user, the recommended exercise as determined based on the first pain information and information about the target site (Paragraph 0031, 0038, 0044-0045, 0054, 0058-0060, 0081, 0088-0091, 0119-0120-- The type of physical therapies that may be performed with the presently described techniques and systems may relate to an orthopedic or sports injury, chronic condition, progressing condition, or other physiological medical condition… The graphical user interface 522 includes a display of a set of therapy activities, such as exercises, including a therapy regimen … a “quality of therapy” measurement, which is derived from various device measurements to determine a quality of execution of therapy… The types of calculations used for this measurement may include: an improvement in weight, number of repetitions, or the amount of pain reported for a certain therapy exercise… Based on the data collected, and the “Quality” score, a mobile app can coach a patient to perform a physical therapy exercise in a certain way, or provide a suggestion in real-time how to do the exercise more effectively or safely… if a human user 106 rates a suggested action as too hard or painful, the weight of the suggested action can be decreased, and the weight of suggested actions with lower difficulty can be increased; paragraph 0078, 0115, 0124--The human user 106 may want repetition, variety, to concentrate on a particular area, to see progress in a particular area, or to be generally healthy. Playlists may be designed to link suggested actions together to create a coordinated effort that may consider the desires of the human user 106).
Regarding claim 4, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches further comprising an exercise period acquisition unit configured to acquire an exercise period for the user to perform the recommended exercise, the exercise period being set by a healthcare professional (Paragraph 0052-0054, 0058, 0063--the graphical user interface 424 may be used by a therapist for scheduling sets and repetitions of particular therapy activity scripts, adjusting the order or active status of one or multiple therapy activity scripts, or adjusting other aspects of a therapy regimen…The graphical user interface 522 includes a display of a set of therapy activities, such as exercises, including a therapy regimen for a particular day, along with a set of activities being organized by a morning display 532, afternoon display 534, and evening display 536 of activities).
Regarding claim 5, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches a motion acquisition unit configured to acquire detection information about a motion of the target site of the user (Paragraph 0048, 0065, 0068-0074, 0080-0082—a wearable device worn by a patient (e.g., on the patient’s leg) may be used to monitor a starting position 710 and a finishing position 730 of an extension exercise…; wearable device 360 or integrated sensor device 605; Per Fig. 1, 3, and 6A-7B, the wearable device 360 or integrated sensor device 605 of a wearable device provides data to the patient interface device, which includes a processor to serve as a motion acquisition unit),
wherein the presentation unit presents motion evaluation information obtained by evaluating, based on the detection information, whether a motion of the user is appropriate as a motion of the presented recommended exercise (Paragraph 0068-0076-- The type of sensor feedback that may be provided in the patient graphical user interface 610B may include: a display of the number of sets for an activity 681, a display of the number of repetitions for an activity 682, a real-time (or near real-time) graphical display 685 for a measurement of the quality for an activity (such as doing the exercise too fast, too slow, or correctly)… a quality measurement may be displayed to allow a user to observe how often a target is met (or exceeded), whether positioning of the sensor was correct or correct, other variations to the therapy activity that is performed; Paragraph 0080-0082-- The wearable device may provide feedback before, during, or after the exercise using one or more vibrations, audio output, or a visual display, e.g., to provide a vibrating pulse when the extension or flexion exercise reaches a determined degree. The wearable device may also wirelessly communicate information about the extension and flexion exercises to a computing device or to a health information system during the exercise, to provide dynamic measurements and real-time evaluation of the exercise and therapy compliance).
Regarding claim 6, Brust teaches the recommended exercise presentation device according to claim 1. wherein the motion acquisition unit acquires the detection information from a motion detection device configured to acquire the detection information about the motion of the target site of the user (Paragraph 0048, 0065, 0068-0076, 0080-0082—a wearable device worn by a patient (e.g., on the patient’s leg) may be used to monitor a starting position 710 and a finishing position 730 of an extension exercise…; wearable device 360 or integrated sensor device 605; Fig. 3, 6A-7B).
Regarding claim 9, Brust teaches the recommended exercise presentation device according to claim 5. Brust additionally teaches wherein when the motion of the user is inappropriate as the motion of the presented recommended exercise, the presentation unit presents an appropriate motion as the motion of the presented recommended exercise to the user (Paragraph 0069-0076-- This graphical representation can be provided as real time feedback to improve the quality and safety of the exercise… As data is received from the wearable device that indicates a change in the position, the position status indicator 683E may move in real-time, thus encouraging the user to complete the exercise activity towards the exercise target 683B… For example, a quality measurement may be displayed to allow a user to observe how often a target is met (or exceeded), whether positioning of the sensor was correct or correct, other variations to the therapy activity that is performed… a listing of sets and repetitions of the therapy exercise 689 are provided for real-time (sensor assisted) or manual tracking, along with an illustration 699 that provides an animation of the therapy exercise).
Regarding claim 14, Brust teaches the recommended exercise presentation device according to claim 5. Brust additionally teaches wherein the pain information acquisition unit acquires second pain information about pain in the target site of the user who has performed the recommended exercise for a first period, before and/or after the user performs the recommended exercise a next time ((Paragraph 0038, 0064, 0068, 0081, 0088-- collect responses from the human user 106 on subjective results of the treatment (e.g., pain)… a measurement or indication of pain 690 (such as may be measured by a sensor or input by the patient))), and
the recommended exercise presentation device further comprising,
an effect judgment unit configured to compare the first pain information of the user with the second pain information of the user after the user performs the recommended exercise in the first period, and judge a change in a degree of pain in the target site of the user before and after the user performs the recommended exercise (Paragraph 0069, 0088--monitor and display a progress (and an indication of how much the patient has improved)…the outputs 852, 854, 856, 858, 860 may include or indicate data for a “quality of therapy” measurement, which is derived from various device measurements to determine a quality of execution of therapy. This measurement may be used to show a doctor, therapist, or other expert how well the patient is following the therapy….The types of calculations used for this measurement may include: an improvement in weight, number of repetitions, or the amount of pain reported for a certain therapy exercise).
Regarding claim 21, Brust teaches the recommended exercise presentation device according to claim 5. Brust additionally teaches further comprising a message output unit configured to output a message, in an exercise period where the user is expected to perform the recommended exercise, with content prompting the user to perform the recommended exercise when the user who has not performed the recommended exercise is using a different function other than presentation of the recommended exercise and a detection of a motion during the recommended exercise (Paragraphs 0131-0146--A motivation or prompt may be sent to the human user 106 at times before or after the reminder. A prompt may be sent to the human user 106 after the specified period of time has lapsed. This prompt may ask the human user 106 if they have completed the suggested action. If the human user 1.06 has completed the suggested action, they may be rewarded with reward points (also referred to herein as “kudos”) given a congratulatory motivation. If the human user 106 has not completed the suggested action, they may be given a conciliatory motivation, such as “you will get it next time!!” The human user 106 may be asked if: 1) they would like to try again; or 2) move on to the next suggested action, or something similar. If the response is to try again, the previous action may be presented at the appropriate time with appropriate motivations and prompts; and if the response is to move on, the system may log the incomplete suggested action as not completed and send the human user 106 to the next task…at operation 1416, the human user 106 can respond by ignoring the prompt. At operation 1422, the system can resend the prompt, send a reminder that the suggested action should be performed, or present a different set of suggested actions, such as at operation 1404; Fig. 14, steps 1412-1426).
Regarding claim 27, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches a server device (Paragraph 0034—health information system 102 may operate as a cloud-based or server-based information system; health information system 102) configured to communicate with the recommended exercise presentation device according to claim 1 and a communication terminal used by a healthcare professional (Physician 104, physical therapist interface 310) corresponding to at least one user of the recommended exercise presentation device (Paragraph 0034, 0044--collects data on the human user 106 that is communicated from a client computing device 112, a supporter network 110, a therapist/physician 104, or a medical facility 130), the server device comprising:
a period setting reception unit configured to receive, from the communication terminal used by the healthcare professional, a setting of an exercise period where the at least one user is prompted to perform the recommended exercise (Paragraph 0052-0054, 0058, 0063--the graphical user interface 424 may be used by a therapist for scheduling sets and repetitions of particular therapy activity scripts, adjusting the order or active status of one or multiple therapy activity scripts, or adjusting other aspects of a therapy regimen…The graphical user interface 522 includes a display of a set of therapy activities, such as exercises, including a therapy regimen for a particular day, along with a set of activities being organized by a morning display 532, afternoon display 534, and evening display 536 of activities; Paragraph 0034-0035, 0038--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The therapist 104 may provide electronic communications 128 to the health information system 102 in the form of recommendations, an organized plan, guidance, or other definitions for therapy activities, which will later be communicated from the health information system 102 to the human user 106…; See communications of Fig. 1); and
a user information acquisition unit configured to acquire user information about the at least one user from the recommended exercise presentation device (Paragraph 0034-0035--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106),
wherein the user information comprises effect information comprising at least one selected from the group consisting of the first pain information, information about the recommended exercise presented by the recommended exercise presentation device, second pain information about pain in the target site of the at least one user who has performed the recommended exercise for a first period, and exercise history information indicating a history of the recommended exercise that has been performed by the at least one user (Paragraph 0034-0035, 0112-0113--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106)…).
Regarding claim 28, Brust teaches the recommended exercise presentation device according to claim 27. Brust additionally teaches wherein the effect information comprises intervention-request-level information indicating a level where intervention is requested, the intervention-request-level information being generated for the at least one user based on a comparison result obtained by comparing the first pain information of the at least one user with the second pain information of the at least one user who has performed the recommended exercise for the first period (Paragraph 0034-0035, 0112-0113--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106)…; Paragraph 0069, 0088-0090, 0119-0120--monitor and display a progress (and an indication of how much the patient has improved)…the outputs 852, 854, 856, 858, 860 may include or indicate data for a “quality of therapy” measurement, which is derived from various device measurements to determine a quality of execution of therapy. This measurement may be used to show a doctor, therapist, or other expert how well the patient is following the therapy….The types of calculations used for this measurement may include: an improvement in weight, number of repetitions, or the amount of pain reported for a certain therapy exercise… The difficulty rating (e.g., provided in a tag) of a suggested action can be altered in accordance with user feedback. The weight of a suggested action can be altered as a user's ability to complete a type of suggested action changes. For example, if a human user 106 rates a suggested action as too hard or painful, the weight of the suggested action can be decreased, and the weight of suggested actions with lower difficulty can be increased).
Regarding claim 29, Brust teaches the recommended exercise presentation device according to claim 27. Brust additionally teaches wherein a first completion report indicating that the exercise period has ended is transmitted to the communication terminal used by the healthcare professional at the end of the exercise period (Paragraph 0038, 0045, 0051-0054, 0082-0083, 0088-0090-- the therapist may preview or observe a display of the recommendations or the suggested content as it is presented to the patient 340, including a status of whether certain therapy exercises have been viewed, attempted, and performed… the flexion and extension exercises may be monitored and guided by a therapist through use of the graphical user interfaces and the wearable device monitoring… This measurement may be used to show a doctor, therapist, or other expert how well the patient is following the therapy…; Fig. 4D).
Regarding claim 30, Brust teaches the recommended exercise presentation device according to claim 27. Brust additionally teaches wherein a second completion report indicating that the user information has become browsable is transmitted to the communication terminal used by the healthcare professional after the user information acquisition unit completes acquisition of the user information (Paragraph 0038, 0044-0048, 0051-0053-- The physical therapist interface 310 may be implemented through an interactive graphical user interface 325 (e.g., software app) that displays information regarding the treatment and activity status of the patient 340, and receives input (e.g., gestures, text, audiovisual content) used to modify recommendations and suggested content for the therapy activities. In an example, the therapist may preview or observe a display of the recommendations or the suggested content as it is presented to the patient 340, including a status of whether certain therapy exercises have been viewed, attempted, and performed… The relevant monitoring information from the wearable device 360 may further be collected and processed by the electronic computing device 350 to update the selection of suggestions, such as via communication of the monitoring information to a health information system, or communication of the monitoring information to a therapist-operated electronic computing device; Fig. 4A).
Regarding claim 31, Brust teaches the recommended exercise presentation device according to claim 27. Brust additionally teaches wherein whenever the at least one user has performed the recommended exercise, a report regarding a fact that the at least one user has performed the recommended exercise is transmitted to the communication terminal used by the healthcare professional (Paragraph 0051-0054; Fig. 4D--the graphical user interface 426 may provide a listing of therapy activities 476 activated in the script, including a listing, days scheduled, sets scheduled, repetitions scheduled, and a pain and completion status of the respective therapy activities).
Regarding claim 32, Brust teaches the recommended exercise presentation device according to claim 27. Brust additionally teaches wherein when a period where the at least one user does not perform the recommended exercise is equal to or longer than a second period, an exercise suspension report regarding a fact that the period where the at least one user does not perform the recommended exercise is equal to or longer than the second period is transmitted to the communication terminal used by the healthcare professional (Paragraph 0038, 0044-0048, 0051-0053, 0088-- The physical therapist interface 310 may be implemented through an interactive graphical user interface 325 (e.g., software app) that displays information regarding the treatment and activity status of the patient 340 … the therapist may preview or observe a display of the recommendations or the suggested content as it is presented to the patient 340, including a status of whether certain therapy exercises have been viewed, attempted, and performed…; Fig. 4D--the graphical user interface 426 may provide a listing of therapy activities 476 activated in the script, including a listing, days scheduled, sets scheduled, repetitions scheduled, and a pain and completion status of the respective therapy activities; paragraph 0137-0146--if the response is to move on, the system may log the incomplete suggested action as not completed…).
Regarding claim 35, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches an exercise therapy support system comprising:
the recommended exercise presentation device according to claim 1 (see above);
a communication terminal used by a healthcare professional corresponding to a user of the recommended exercise presentation device (Physician 104, physical therapist interface 310); and
a server device (Paragraph 0034—health information system 102 may operate as a cloud-based or server-based information system; health information system 102) comprising:
a period setting reception unit configured to receive, from the communication terminal used by the healthcare professional, a setting of an exercise period where the at least one user is prompted to perform the recommended exercise (Paragraph 0052-0054, 0058, 0063--the graphical user interface 424 may be used by a therapist for scheduling sets and repetitions of particular therapy activity scripts, adjusting the order or active status of one or multiple therapy activity scripts, or adjusting other aspects of a therapy regimen…The graphical user interface 522 includes a display of a set of therapy activities, such as exercises, including a therapy regimen for a particular day, along with a set of activities being organized by a morning display 532, afternoon display 534, and evening display 536 of activities; Paragraph 0034-0035, 0038--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The therapist 104 may provide electronic communications 128 to the health information system 102 in the form of recommendations, an organized plan, guidance, or other definitions for therapy activities, which will later be communicated from the health information system 102 to the human user 106…; See communications of Fig. 1); and
a user information acquisition unit configured to acquire user information about the at least one user from the recommended exercise presentation device (Paragraph 0034-0035--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106),
wherein the user information comprises effect information comprising at least one selected from the group consisting of the first pain information, information about the recommended exercise presented by the recommended exercise presentation device (Paragraph 0034-0035, 0112-0113--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106)…).
second pain information about pain in the target site of the user who has performed the recommended exercise for a first period, and exercise history information indicating a history of the recommended exercise that has been performed by the user (Paragraph 0038, 0064, 0068, 0081, 0088-- collect responses from the human user 106 on subjective results of the treatment (e.g., pain)… a measurement or indication of pain 690 (such as may be measured by a sensor or input by the patient); Paragraph 0034-0035, 0112-0113--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106)…).
Regarding claim 36, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches exercise therapy support system comprising:
the recommended exercise presentation device according to claim 1 (see above);
a motion detection device configured to acquire detection information about a motion of the target site of the user (Paragraph 0048, 0065, 0068-0076, 0080-0082—a wearable device worn by a patient (e.g., on the patient’s leg) may be used to monitor a starting position 710 and a finishing position 730 of an extension exercise…; wearable device 360 or integrated sensor device 605; Fig. 3, 6A-7B);
a communication terminal used by a healthcare professional corresponding to a user of the recommended exercise presentation device (Physician 104, physical therapist interface 310); and
a server device (Paragraph 0034—health information system 102 may operate as a cloud-based or server-based information system; health information system 102) comprising:
a period setting reception unit configured to receive, from the communication terminal used by the healthcare professional, a setting of an exercise period where the at least one user is prompted to perform the recommended exercise (Paragraph 0052-0054, 0058, 0063--the graphical user interface 424 may be used by a therapist for scheduling sets and repetitions of particular therapy activity scripts, adjusting the order or active status of one or multiple therapy activity scripts, or adjusting other aspects of a therapy regimen…The graphical user interface 522 includes a display of a set of therapy activities, such as exercises, including a therapy regimen for a particular day, along with a set of activities being organized by a morning display 532, afternoon display 534, and evening display 536 of activities; Paragraph 0034-0035, 0038--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The therapist 104 may provide electronic communications 128 to the health information system 102 in the form of recommendations, an organized plan, guidance, or other definitions for therapy activities, which will later be communicated from the health information system 102 to the human user 106…; See communications of Fig. 1); and
a user information acquisition unit configured to acquire user information about the at least one user from the recommended exercise presentation device (Paragraph 0034-0035--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106),
wherein the user information comprises effect information comprising at least one selected from the group consisting of the first pain information, information about the recommended exercise presented by the recommended exercise presentation device (Paragraph 0034-0035, 0112-0113--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106)…).
second pain information about pain in the target site of the user who has performed the recommended exercise for a first period, and exercise history information indicating a history of the recommended exercise that has been performed by the user (Paragraph 0038, 0064, 0068, 0081, 0088-- collect responses from the human user 106 on subjective results of the treatment (e.g., pain)… a measurement or indication of pain 690 (such as may be measured by a sensor or input by the patient); Paragraph 0034-0035, 0112-0113--a health information system 102 enables management of a series of data values and data processes 108 for the treatment of a human user 106 (e.g., a client or patient)… The managed data may include physiological data, psychological data, profile data (e.g., for a profile unique to the human user 106), therapy data, and electronic device data (e.g., data collected from a wearable device worn by the human user 106)…).
Regarding claim 37, Brust teaches a recommended exercise presentation device method comprising:
acquiring first pain information about pain in a target site of a user (Paragraph 0038, 0064, 0068, 0081, 0088-- collect responses from the human user 106 on subjective results of the treatment (e.g., pain)… a measurement or indication of pain 690 (such as may be measured by a sensor or input by the patient)); and
presenting, to the user, recommended exercise for the user, as determined based on the first pain information (Paragraph 0031, 0038, 0044-0045, 0054, 0058-0060, 0081, 0088-0091, 0119-0120-- The type of physical therapies that may be performed with the presently described techniques and systems may relate to an orthopedic or sports injury, chronic condition, progressing condition, or other physiological medical condition… may present a user interface to allow the human user 106 to review recommendations for therapy activities… The graphical user interface 522 includes a display of a set of therapy activities, such as exercises, including a therapy regimen for a particular day, along with a set of activities being organized by a morning display 532, afternoon display 534, and evening display 536 of activities… a “quality of therapy” measurement, which is derived from various device measurements to determine a quality of execution of therapy… The types of calculations used for this measurement may include: an improvement in weight, number of repetitions, or the amount of pain reported for a certain therapy exercise… Based on the data collected, and the “Quality” score, a mobile app can coach a patient to perform a physical therapy exercise in a certain way, or provide a suggestion in real-time how to do the exercise more effectively or safely… if a human user 106 rates a suggested action as too hard or painful, the weight of the suggested action can be decreased, and the weight of suggested actions with lower difficulty can be increased).
Regarding claim 38, Brust teaches the recommended exercise presentation device according to claim 1. Brust additionally teaches non-transitory computer-readable recording medium that stores a control program for causing an electronic device to:
function as the recommended exercise presentation device according to claim 1, and function as the pain information acquisition unit and the presentation unit (see above; paragraph 0205-- Embodiments may also be implemented as instructions stored on a computer-readable storage device or storage medium, which may be read and executed by at least one processor to perform the operations described herein. A computer-readable storage device or storage medium may include any non-transitory mechanism for storing information in a form readable by a machine (e.g., a computer)).
Regarding claim 39, Brust additionally teaches a non-transitory computer-readable recording medium that stores a control program for causing an electronic device to:
function as the server device according to claim 27, and function as the period setting reception unit and the user information acquisition unit (see above; paragraph 0205-- Embodiments may also be implemented as instructions stored on a computer-readable storage device or storage medium, which may be read and executed by at least one processor to perform the operations described herein. A computer-readable storage device or storage medium may include any non-transitory mechanism for storing information in a form readable by a machine (e.g., a computer)).
Claim(s) 1-3 and 37 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Sung (US 20210272672 A1).
Regarding claim 1, Sung teaches a recommended exercise presentation device (100) comprising:
a pain information acquisition unit (Control unit 1300) configured to acquire first pain information about pain in a target site of a user (Paragraph 0044, 0110-0123-- the personalized pain management device 100 receives detailed information about the degree of pain the user feels from a user… receiving a pain icon and a degree of pain from the user…the user is able to select an area where pain occurs; Figs. 8A-11D); and
a presentation unit (Device 100 includes a display screen; Output unit 1200 including display unit 1210) configured to present, to the user, recommended exercise for the user, as determined based on the first pain information (Paragraph 0190-- the personalized pain management device 100 may recommend at least one of an exercise application that provides an exercise capable of improving pain based on pain information of a user).
Regarding claim 2, Sung teaches the recommended exercise presentation device according to claim 1. Sung additionally teaches wherein the first pain information comprises at least one selected from the group consisting of a degree of pain in the target site, a type of pain, and a combination of the degree of pain and the type of pain (Paragraph 0044, 0110-0123-- the personalized pain management device 100 receives detailed information about the degree of pain the user feels from a user… receiving a pain icon and a degree of pain from the user…the personalized pain management device 100 receives icons representing “tingling pain” and “pinching pain” and the degree of corresponding pains from the user; Figs. 8A-11D).
Regarding claim 3, Sung teaches the recommended exercise presentation device according to claim 1. Sung additionally teaches wherein the presentation unit presents, to the user, the recommended exercise as determined based on the first pain information and information about the target site (Paragraph 0190).
Regarding claim 37, Sung teaches a recommended exercise presentation method comprising:
acquiring first pain information about pain in a target site of a user (Paragraph 0044, 0110-0123-- the personalized pain management device 100 receives detailed information about the degree of pain the user feels from a user… receiving a pain icon and a degree of pain from the user…the user is able to select an area where pain occurs; Figs. 8A-11D); and
presenting, to the user, recommended exercise for the user, as determined based on the first pain information (Paragraph 0190-- the personalized pain management device 100 may recommend at least one of an exercise application that provides an exercise capable of improving pain based on pain information of a user).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA ROBERTS whose telephone number is (571)272-7912. The examiner can normally be reached M-F 8:30-4:30 EST.
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, Alexander Valvis can be reached at (571) 272-4233. 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.
/ANNA ROBERTS/Examiner, Art Unit 3791