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 .
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.
Caim(s) 13, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christoforou et al. (US PGPub. No. 2018/0296875). Christoforou et al. describes the same invention as claimed, including:
Regarding claim 13, A system for use in hand rehabilitation of a subject, comprising: a position sensing system adapted to determine the spatial location and optionally the angular orientation of parts of the hand of the subject (para. 84: “FIG. 8 is a top view of a therapeutic tracking glove 80 according to one or more embodiments. The glove 80 can be included in a hand therapy kit, such as kit 10, 20, 50, and/or 2000. placed on a user's hand during physical therapy to collect data regarding the range of motion of the user's hand. The glove 80 includes a plurality of rotational position sensors 800 that are attached to the glove fingers 810 at positions 812, 814, 816, 818 that correspond to the three joints or rotation points of the user's fingers and the user's fingertip.”); and a controller adapted to compare the known unstressed geometrical dimensions of at least one accessory (elastic band 840) adapted to be used for exercising of the hand, with the determined spatial location and angular orientation of at least one part of the hand of the subject, when the hand is handling the at least one accessory, such that rehabilitation of the hand can be assessed (para. 86: “As the elastic band 840 moves back and forth, its position or length is sensed by a sensor disposed in wrist band 830. Thus, the output of the sensor corresponds to the finger's ability to extend and retract.”).
Regarding claim 19, wherein the position sensing system comprises a remote imaging system adapted to generate images of the parts of the hand of the subject (para. 36: “The kit can include a camera and a processor for motion recognition. The motion recognition system can include instructions to compare the user's exercise techniques with model exercise techniques to provide feedback to the user. In addition or in the alternative, the kit can include equipment for video calls, such as a display, a processor, a video camera, and a network interface. The user can make video calls with a healthcare provider for instruction, monitoring of the user's progress, and/or health appointments. In addition or in the alternative, the video camera can record the user's exercises for therapists and doctors to use to treat the user and/or research purposes.” And para. 106: “FIG. 17 illustrates another screenshot 1700 from the app according to one or more embodiments. In screenshot 1700, a user performs a physical therapy exercise with a hand (e.g., retracting his/her wrist) while capturing an image or video of the hand and wrist using the camera on the mobile device 1501. The app can determine the angle of retraction 1710 by detecting the position of the user's forearm and fingers. The app can be programmed by processing a plurality of images of user's hands and wrists in different orientations using machine learning or cluster recognition” para. 107: “FIG. 18 illustrates another screenshot 1800 from the app according to one or more embodiments. In screenshot 1800, a user performs a physical therapy exercise with a hand 1810 (e.g., opening his/her hand) while capturing an image or video of the hand 1810 using the camera on the mobile device 1501. The app can overlay an outline 1820 of a hand in the open position with the image of the user's hand 1810 as a guide and as motivation for the user while performing the exercise. The app can recognize the position of the user's hand 1810 can visually indicate 1830 when the user's hand 1810 matches the outline 1820 and is in the correct position (e.g., fully opened), as illustrated in screenshot 1900 in FIG. 19. In addition or in the alternative, the app can audibly indicate when the user's hand matches the outline 1820 and is in the correct position.”).
Regarding claim 20, wherein the at least one accessory has at least one characteristic relating to the force required to actuate the at least one accessory (para. 53: “The elastic band module 530A includes multiple elastic bands having different sizes, shapes, and/or elasticities and can be formed out of rubber (natural or synthetic), bungee cord, or similar material.”).
Claim(s) 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christoforou et al. (US PGPub. No. 2018/0296875). Christoforou et al. describes the same invention as claimed, including:
Regarding claim 14, A system for use in hand rehabilitation of a subject, the system comprising: an arrangement for determining at least one of the spatial location and angular orientation of at least one part of the hand of the subject (para. 84: “FIG. 8 is a top view of a therapeutic tracking glove 80 according to one or more embodiments. The glove 80 can be included in a hand therapy kit, such as kit 10, 20, 50, and/or 2000. placed on a user's hand during physical therapy to collect data regarding the range of motion of the user's hand. The glove 80 includes a plurality of rotational position sensors 800 that are attached to the glove fingers 810 at positions 812, 814, 816, 818 that correspond to the three joints or rotation points of the user's fingers and the user's fingertip.”); and a controller adapted to obtain information regarding the rehabilitation process by utilizing: (i) at least one of the change in at least one of the spatial location and angular orientation, or the rate of change in at least one of the spatial location and angular orientation of at least one part of the hand of the subject, while using at least one accessory adapted to provide a counter-force for exercising of the hand (elastic band 840), the at least one accessory having at least one characteristic relating to the force required to actuate the accessory (para. 86: “As the elastic band 840 moves back and forth, its position or length is sensed by a sensor disposed in wrist band 830. Thus, the output of the sensor corresponds to the finger's ability to extend and retract.”), and (ii) at least one characteristic of the at least one accessory (para. 53: “The elastic band module 530A includes multiple elastic bands having different sizes, shapes, and/or elasticities and can be formed out of rubber (natural or synthetic), bungee cord, or similar material.”).
Regarding claim 15, wherein the arrangement comprises a remote imaging system adapted to generate images of the at least one part of the hand of the subject (para. 36: “The kit can include a camera and a processor for motion recognition. The motion recognition system can include instructions to compare the user's exercise techniques with model exercise techniques to provide feedback to the user. In addition or in the alternative, the kit can include equipment for video calls, such as a display, a processor, a video camera, and a network interface. The user can make video calls with a healthcare provider for instruction, monitoring of the user's progress, and/or health appointments. In addition or in the alternative, the video camera can record the user's exercises for therapists and doctors to use to treat the user and/or research purposes.” And para. 106: “FIG. 17 illustrates another screenshot 1700 from the app according to one or more embodiments. In screenshot 1700, a user performs a physical therapy exercise with a hand (e.g., retracting his/her wrist) while capturing an image or video of the hand and wrist using the camera on the mobile device 1501. The app can determine the angle of retraction 1710 by detecting the position of the user's forearm and fingers. The app can be programmed by processing a plurality of images of user's hands and wrists in different orientations using machine learning or cluster recognition” para. 107: “FIG. 18 illustrates another screenshot 1800 from the app according to one or more embodiments. In screenshot 1800, a user performs a physical therapy exercise with a hand 1810 (e.g., opening his/her hand) while capturing an image or video of the hand 1810 using the camera on the mobile device 1501. The app can overlay an outline 1820 of a hand in the open position with the image of the user's hand 1810 as a guide and as motivation for the user while performing the exercise. The app can recognize the position of the user's hand 1810 can visually indicate 1830 when the user's hand 1810 matches the outline 1820 and is in the correct position (e.g., fully opened), as illustrated in screenshot 1900 in FIG. 19. In addition or in the alternative, the app can audibly indicate when the user's hand matches the outline 1820 and is in the correct position.”).
Regarding claim 16, wherein the arrangement comprises a remote imaging system adapted to generate images of a marker attached to the at least one part of the hand of the subject (para. 36: “The kit can include a camera and a processor for motion recognition. The motion recognition system can include instructions to compare the user's exercise techniques with model exercise techniques to provide feedback to the user. In addition or in the alternative, the kit can include equipment for video calls, such as a display, a processor, a video camera, and a network interface. The user can make video calls with a healthcare provider for instruction, monitoring of the user's progress, and/or health appointments. In addition or in the alternative, the video camera can record the user's exercises for therapists and doctors to use to treat the user and/or research purposes.” And para. 106: “FIG. 17 illustrates another screenshot 1700 from the app according to one or more embodiments. In screenshot 1700, a user performs a physical therapy exercise with a hand (e.g., retracting his/her wrist) while capturing an image or video of the hand and wrist using the camera on the mobile device 1501. The app can determine the angle of retraction 1710 by detecting the position of the user's forearm and fingers. The app can be programmed by processing a plurality of images of user's hands and wrists in different orientations using machine learning or cluster recognition” para. 107: “FIG. 18 illustrates another screenshot 1800 from the app according to one or more embodiments. In screenshot 1800, a user performs a physical therapy exercise with a hand 1810 (e.g., opening his/her hand) while capturing an image or video of the hand 1810 using the camera on the mobile device 1501. The app can overlay an outline 1820 of a hand in the open position with the image of the user's hand 1810 as a guide and as motivation for the user while performing the exercise. The app can recognize the position of the user's hand 1810 can visually indicate 1830 when the user's hand 1810 matches the outline 1820 and is in the correct position (e.g., fully opened), as illustrated in screenshot 1900 in FIG. 19. In addition or in the alternative, the app can audibly indicate when the user's hand matches the outline 1820 and is in the correct position.”).
Regarding claim 17, wherein the at least one characteristic of the at least one accessory is the mechanical stiffness of the at least one accessory (para. 53: “The elastic band module 530A includes multiple elastic bands having different sizes, shapes, and/or elasticities and can be formed out of rubber (natural or synthetic), bungee cord, or similar material.”).
Regarding claim 18, wherein the at least one characteristic of the at least one accessory is the unstressed geometrical dimensions of the at least one accessory (para. 86: “As the elastic band 840 moves back and forth, its position or length is sensed by a sensor disposed in wrist band 830. Thus, the output of the sensor corresponds to the finger's ability to extend and retract.”).
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 1-8 and 10-12 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Christoforou et al. (US PGPub. No. 2018/0296875) in view of Athanasiou (US PGPub. 2021/0008410. Christoforou et al. describes substantially the same invention as claimed, including [note: limitations not shown by Christoforou are indicated by
Regarding claim 1, A system for use in hand rehabilitation of a subject, the system comprising: a position sensing system adapted to determine the spatial location and optionally the angular orientation of at least one part of the hand of the subject (Christoforou para. 84: “FIG. 8 is a top view of a therapeutic tracking glove 80 according to one or more embodiments. The glove 80 can be included in a hand therapy kit, such as kit 10, 20, 50, and/or 2000. placed on a user's hand during physical therapy to collect data regarding the range of motion of the user's hand. The glove 80 includes a plurality of rotational position sensors 800 that are attached to the glove fingers 810 at positions 812, 814, 816, 818 that correspond to the three joints or rotation points of the user's fingers and the user's fingertip.”); and a controller adapted to obtain information from the position sensing system regarding the change in position or the rate of change in position of at least one part of the hand of the subject (Christoforou para. 38: “Data from the therapeutic tracking glove and/or a pressure sensor ball can be sent via a wired or a wireless communication interface to an external device, such as a user's mobile device. The user's mobile device can include an application or app that can process and analyze the received data and to present the data to the user to track his/her progress”), while the hand of the subject is handling at least one accessory adapted to be used for exercising of the hand (Christoforou elastic band 840), As the elastic band 840 moves back and forth, its position or length is sensed by a sensor disposed in wrist band 830. Thus, the output of the sensor corresponds to the finger's ability to extend and retract.”).
As indicated by
Athanasiou et al., from the same field of endeavor, teaches a hand exercise apparatus (Athanasiou Fig. 1, device 100 showing finger supports 150) where information regarding at least one characteristic relating to a force required to actuate an accessory is provided to a system (Athanasiou para. 161: “Certain sensors may optionally be provided in the apertures 126 on the upper hemisphere 112. Proximity sensors may be used in combination with or in place of the force sensors discussed above. These may include optical sensors, infrared sensors, ultrasonic sensors, or hall effect sensors, and these sensors may measure the displacement of the finger supports 150 by measuring the initial and final positions of the finger supports 150 or the joints 162, and this displacement may be used to determine the force applied to the finger supports 150. The spring stiffness of the finger supports 150 may be used, in combination with the displacement, to determine the force applied.”).
Before the effective filing date of the claimed invention, it would have been obvious for the system of Christoforou et al. to utilize spring stiffness information along with displacement to determine the force applied by a finger to an exercise device, as taught by Athanasiou. Doing so provides the predictable result of employing Hooke’s law to identify and quantify the force applied by a user’s finger on an exercise device, so that the system can measure a user’s strength progressively over time. Therefore, it would have been prima facie obvious to modify Christoforou et al. as taught by Athanasiou to obtain the invention as specified in claim 1 of the instant application.
Regarding claim 2, Christoforou shows wherein the at least one known characteristic is at least one of a dimension or an elasto-mechanical property of the at least one accessory (Christoforou para. 53: “The elastic band module 530A includes multiple elastic bands having different sizes, shapes, and/or elasticities and can be formed out of rubber (natural or synthetic), bungee cord, or similar material.”).
Regarding claim 3, Christoforou shows wherein the elasto-mechanical property of the at least one accessory is its mechanical stiffness (Christoforou para. 53, also see rationale for combining Athanasiou et al in claim 1 above).
Regarding claim 4, Christoforou shows wherein the at least one known characteristic is the geometrical dimensions of the at least one accessory (Christoforou para. 53 also see rationale for combining Athanasiou et al in claim 1 above).
Regarding claim 5, Christoforou shows wherein the position sensing system comprises at least one position indicating sensor mounted on the at least one part of the hand of the subject (Christoforou para. 85: “As the user engages in physical therapy exercises while wearing glove 80, the sensors 800 detect their rotational positions which correspond to the angle of rotation of the respective joints in the user's fingers.”), the position indicating sensor being configured to remotely transmit location signals to the controller (Christoforou para. 89: “The wrist band 830 houses electrical components, such as a microprocessor, a communication interface, and a battery. The microprocessor receives data from the sensors 800 (e.g., via a wired connection) and the sensors for the and transmits the data to an external device over the communication interface.”).
Regarding claim 6, Christoforou shows wherein the position indicating sensor is mounted on a wearable element to be worn on the part of the hand of the subject whose pose is to be monitored (Christoforou glove 80).
Regarding claim 7, Christoforou shows wherein the position indicating sensor is a marker (Christoforou sensors 800, see Fig. 8) mounted directly on the at least one part of the hand of the subject whose pose is to be monitored.
Regarding claim 8, Christoforou shows wherein the position sensing system comprises at least one remote camera adapted to generate images of the at least one part of the hand of the subject or of a marker attached to the part of the hand of the subject, such that image processing of the images enables the position of the part of the hand to be determined (Christoforou para. 36: “The kit can include a camera and a processor for motion recognition. The motion recognition system can include instructions to compare the user's exercise techniques with model exercise techniques to provide feedback to the user. In addition or in the alternative, the kit can include equipment for video calls, such as a display, a processor, a video camera, and a network interface. The user can make video calls with a healthcare provider for instruction, monitoring of the user's progress, and/or health appointments. In addition or in the alternative, the video camera can record the user's exercises for therapists and doctors to use to treat the user and/or research purposes.” And para. 106: “FIG. 17 illustrates another screenshot 1700 from the app according to one or more embodiments. In screenshot 1700, a user performs a physical therapy exercise with a hand (e.g., retracting his/her wrist) while capturing an image or video of the hand and wrist using the camera on the mobile device 1501. The app can determine the angle of retraction 1710 by detecting the position of the user's forearm and fingers. The app can be programmed by processing a plurality of images of user's hands and wrists in different orientations using machine learning or cluster recognition” para. 107: “FIG. 18 illustrates another screenshot 1800 from the app according to one or more embodiments. In screenshot 1800, a user performs a physical therapy exercise with a hand 1810 (e.g., opening his/her hand) while capturing an image or video of the hand 1810 using the camera on the mobile device 1501. The app can overlay an outline 1820 of a hand in the open position with the image of the user's hand 1810 as a guide and as motivation for the user while performing the exercise. The app can recognize the position of the user's hand 1810 can visually indicate 1830 when the user's hand 1810 matches the outline 1820 and is in the correct position (e.g., fully opened), as illustrated in screenshot 1900 in FIG. 19. In addition or in the alternative, the app can audibly indicate when the user's hand matches the outline 1820 and is in the correct position.”).
Regarding claim 10, Christoforou shows wherein the at least one part of the hand of the subject comprises at least one of an index, a phalange of an index, or the tip of an index (Christoforou para. 84).
Regarding claim 11, Christoforou shows wherein the index is either of a finger or a thumb (Christoforou para. 84).
Regarding claim 12, Christoforou wherein the controller is further adapted to use the calculated forces to assess the level of the hand rehabilitation on an impairment scale (Christoforou para. 39-40: “In some aspects, the data connectivity features may be enabled and used through hardware and/or software user interfaces, e.g., on a user's mobile device running a local or web-based application. The mechanical exercise modalities will contain sensory input components which will be able to collect and transmit the data. The nature of the data will be various measurements and progress trackers analogous to the measurements taken by a certified hand or occupational therapist. The application itself can utilize various different technologies including but not limited to digital motion sensor capabilities and cluster recognition algorithms for injury measurements (using the device's camera), audio commands from both the app and from the user, video and audio calling interfaces for one on one conversations with the therapist, and comprehensive tutorial videos. [0040] Additionally, the application can include a community based comparator with a point system to incentivize progress checkpoints for therapy. It can also incorporate FAQs and forums for patients to talk with each other and with professionals other than their therapist. The present system and method can allow an effective and comfortable vehicle for hand therapy inside one's own home without the need to travel to a practitioner's location, seek parking, navigate unfamiliar facilities (especially if the patient is infirm or disabled), and without sacrificing the abilities of the physician and therapist to track progress and adapt treatment strategies.”).
Response to Arguments
Applicant's arguments filed 5/12/2026 have been fully considered but they are not persuasive. Applicant argues that Christoforou’s elastic bands 840 are used only as a position detector. Examiner notes that the prior art need not operate in exactly the same manner as the instant invention, and that the claims may still be anticipated if the structural elements are the same. Further, Christoforou’s para. 53 states “The elastic band module 530A includes multiple elastic bands having different sizes, shapes, and/or elasticities and can be formed out of rubber (natural or synthetic), bungee cord, or similar material. The elastic band module 530A can be used by a patient to exercise the hand (or various portions of the hand such as one or more fingers, etc.) at different resistances. For example, a patient can place an elastic band over a clenched first for exercising the hand by opening and closing the first against a resistive force provided by the elastic band. Such exercise can increase intrinsic and/or extrinsic muscle strength as well as dexterity.” This paragraph indicates the inventors of the Christoforou device did indeed contemplate exercising against an elastic resistance element in the design of their therapy device.
Regarding Christoforou, applicant also argues that Christoforou does not disclose utilizing a characteristic relating to the force required to actuate the at least one accessory. Examiner notes this is the application of Hooke’s law which is well known, but nevertheless also explicitly taught by Athanasiou et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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, LoAn Jimenez can be reached at (571)272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784
