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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-10 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the part" in line 2. Claim 1, from which this claim depends, recites “parts of the hand of the subject”. It is unclear whether “the part” as recited in this claim refers to a specific singular part, any part, any combination of parts, or all of the parts together. For at least this reason, this renders the metes and bounds of the claimed invention unclear. Appropriate correction is required.
Claim 6 recites the limitation "the part" in line 2. Claim 1, from which this claim depends, recites “parts of the hand of the subject”. It is unclear whether “the part” as recited in this claim refers to a specific singular part, any part, any combination of parts, or all of the parts together. For at least this reason, this renders the metes and bounds of the claimed invention unclear. Appropriate correction is required.
Claim 7 recites the limitation "the part" in line 2. Claim 1, from which this claim depends, recites “parts of the hand of the subject”. It is unclear whether “the part” as recited in this claim refers to a specific singular part, any part, any combination of parts, or all of the parts together. For at least this reason, this renders the metes and bounds of the claimed invention unclear. Appropriate correction is required.
Claim 8 recites the limitation "the part" in lines 2-3, line 3, and line 4. Claim 1, from which this claim depends, recites “parts of the hand of the subject”. It is unclear whether “the part” as recited in this claim refers to a specific singular part, any part, any combination of parts, or all of the parts together. For at least this reason, this renders the metes and bounds of the claimed invention unclear. Appropriate correction is required.
Claim 9 recites the limitation "the part" in line 2. Claim 1, from which this claim depends, recites “parts of the hand of the subject”. It is unclear whether “the part” as recited in this claim refers to a specific singular part, any part, any combination of parts, or all of the parts together. For at least this reason, this renders the metes and bounds of the claimed invention unclear. Appropriate correction is required.
Claim 9 recites the limitation “the position” in line 2. Claim 1, from which this claim depends, recites “a position sensing system” or “the change in position” or “the rate of change in position”. It is unclear what “the position” in claim 9 is referencing- the position sensing system? The change in position? The rate of change in position? For at least this reason, the metes and bounds of the claimed invention are unclear.
Claim 10 recites the limitation "the part" in line 2. Claim 1, from which this claim depends, recites “parts of the hand of the subject”. It is unclear whether “the part” as recited in this claim refers to a specific singular part, any part, any combination of parts, or all of the parts together. For at least this reason, this renders the metes and bounds of the claimed invention unclear. Appropriate correction is required.
Claim 16 recites “the remote imaging system” in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 16 currently depends from claim 14. Examiner notes that proper antecedent basis is provided in claim 15.
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.
Claim(s) 1-12 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 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 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 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 (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 (elastic band 840), the at least one accessory having at least one known characteristic relating to the force required to actuate the accessory (spring stiffness would be an inherent characteristic relating to the force required to actuate the elastic band 840), wherein the controller uses the position information and the at least one known characteristic of the accessory to enable the system to output information regarding the hand rehabilitation of the subject, without the need for force sensors on any part of the hand of the subject or on any 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.”).
Regarding claim 2, 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 (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, wherein the elasto-mechanical property of the at least one accessory is its mechanical stiffness (para. 53).
Regarding claim 4, wherein the at least one known characteristic is the geometrical dimensions of the at least one accessory (para. 53).
Regarding claim 5, wherein the position sensing system comprises at least one position indicating sensor mounted on the part of the hand of the subject (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 (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, 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 (glove 80).
Regarding claim 7, wherein the position indicating sensor is a marker (sensors 800, see Fig. 8) mounted directly on the part of the hand of the subject whose pose is to be monitored.
Regarding claim 8, wherein the position sensing system comprises at least one remote camera adapted to generate images of the 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 (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 9. wherein the position comprises at least the spatial location of the part of the hand of the subject, and optionally also the angular orientation of the 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.”).
Regarding claim 10, wherein the 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 (para. 84).
Regarding claim 11, wherein the index is either of a finger or a thumb (para. 84).
Regarding claim 12, wherein the controller is further adapted to use the calculated forces to assess the level of the hand rehabilitation on an impairment scale (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.”).
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 for exercising of the hand, 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 remote imaging system is 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.”).
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.
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.
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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