CTNF 18/745,010 CTNF 84652 DETAILED ACTION Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 2 is 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. As to claim 2, the claim recites that the “temporal” gait parameters are “step length, stride length, stance time, swing time, single stance time, double-support time, or a combination thereof”. It is unclear how the parameters of “step length and stride length” can be considered “temporal”, as they are perimeters that are related to distance. The examiner notes that these two parameters are also listed in claim 3 as “spatial gait parameters”. Further clarification and/or amendment is required. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the predicting of gait health indicators. This limitation covers performance of the limitation in the mind but for the recitation of generic computer components. Other than reciting, “using a computer-implemented” language, nothing in the claim elements precludes the step from being practically performed in the mind. Accordingly, it falls within the “Mental Processes” grouping of abstract ideas. This judicial exception is not integrated into a practical application. The claims recite the use of two or more vibration sensors to capture data. The use of these sensors, recited as generic vibration sensors, merely add insignificant extra-solution activity of data gathering and does not integrate the abstract idea into a practical application. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As noted above, the use of generic computing components amounts to no more than mere instructions to apply the exception using a generic computer component. Similarly, the use of generic sensors in an extra-solution activity is not sufficient to amount to significantly more than the abstract idea. The claims are not patent eligible. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-aia AIA Claim(s) 1-5 is/are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Alwan et al. (USP #7,857,771) . As to claim 1, Alwan teaches a gait analysis method using footstep-induced floor vibrations, comprising: a) capturing floor vibrations using two or more vibration sensors distributed and mounted on, within or under a floor, wherein the floor vibrations are footstep-induced floor vibrations caused by a person walking across the floor (col. 4 lines 9-30; col. 6 line 65 to col. 6 line 12; col. 3 line 45-63), b) predicting temporal gait parameters using a computer-implemented floor temporal estimation model with the captured floor vibrations as input to the floor temporal estimation model (col. 7 lines 32-54); c) predicting spatial gait parameters using a computer-implemented spatial parameters estimation model with the captured floor vibration signals as input to the floor spatial parameters estimation model (col. 7 lines 32-54); and predicting gait health indicators using a computer-implemented gait health indicator extraction model with the predicted temporal and spatial gait parameters as input to the implemented gait health indicator extraction model (col. 8 line 48 to col. 9 line 19). As to claims 2-4, Alwan teaches the determination of specific parameters and indicators such as step length, step time, and cadence (col. 2 lines 5-17). As to claim 5, Alwan teaches the indicators used to generate a personalized gait profile for the person to understand a gait health compared with an average gait from a group of people (col. 4 line 57 to col. 5 line 11; col. 7 line 55 to 67). Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN JANG whose telephone number is (571)270-3820. The examiner can normally be reached Monday-Friday (7-3:30 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, Robert Chen can be reached at 571-272-3672. 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. CHRISTIAN JANG Primary Examiner Art Unit 3791 /CHRISTIAN JANG/Primary Examiner, Art Unit 3791 3/30/26 Application/Control Number: 18/745,010 Page 2 Art Unit: 3791 Application/Control Number: 18/745,010 Page 3 Art Unit: 3791 Application/Control Number: 18/745,010 Page 4 Art Unit: 3791
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