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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 25, 2025 has been entered.
This Office action is responsive to an amendment filed November 25, 2025. Claims 1-30 are pending. Claims 1, 16, 24 & 29 have been amended.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Lines 3-9 of claim 1 requires the limitations “the open platform comprising an array comprising a plurality of individual thermochromic temperature sensors, each individual thermochromic temperature sensor of the array of temperatures sensors including a thermochromic material, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.”
Lines 3-4 of claim 16 requires the limitations “the open platform comprising an array comprising a plurality of individual thermochromic temperature sensors,” and lines 8-11 of claim 16 requires “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,” and
Lines 5-6 of claim 24 requires the limitations “a plurality of individual thermochromic temperature sensors, each of the individual thermochromic temperature sensors including a thermochromic material,” and lines 7-10 of claim 24 requires the limitations “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,”
Lines 4-6 of claim 29, requires the limitations “the open platform comprising an array of temperature sensors, the array of temperature sensors comprising contact sensors, each temperature sensor of the array of temperature sensors that include the thermochromic material generating the plurality of temperature data values,” and lines 8-10 of claim 29 requires the limitations “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.”
However, the specification fails to describe a plurality of individual thermochromic materials forming an array of individual temperature sensors. The Office notes that Applicant’s earliest filed parent case (Application number 13/799,828) and a CIP of the instant application merely describes a single thermochromic material as an alternative to an array of individual temperature sensors to “obtain a temperature reading of most or all of the sole” (see at least par 0040 & 0046 of the publication thereof).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the features described at lines 3-9 of claim 1 requiring the limitations “the open platform comprising an array comprising a plurality of individual thermochromic temperature sensors, each individual thermochromic temperature sensor of the array of temperatures sensors including a thermochromic material, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,” lines 3-4 of claim 16 requiring the limitations “the open platform comprising an array comprising a plurality of individual thermochromic temperature sensors,” and lines 8-11 of claim 16 requiring “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,” and lines 5-6 of claim 24 requiring the limitations “a plurality of individual thermochromic temperature sensors, each of the individual thermochromic temperature sensors including a thermochromic material,” and lines 7-10 of claim 24 requiring the limitations “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,” lines 4-6 of claim 29, requiring the limitations “the open platform comprising an array of temperature sensors, the array of temperature sensors comprising contact sensors, each temperature sensor of the array of temperature sensors that include the thermochromic material generating the plurality of temperature data values,” and lines 8-10 of claim 29 requiring the limitations “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-30 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Lines 3-9 of claim 1 requires the limitations “the open platform comprising an array comprising a plurality of individual thermochromic temperature sensors, each individual thermochromic temperature sensor of the array of temperatures sensors including a thermochromic material, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.”
Lines 3-4 of claim 16 requires the limitations “the open platform comprising an array comprising a plurality of individual thermochromic temperature sensors,” and lines 8-11 of claim 16 requires “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,” and
Lines 5-6 of claim 24 requires the limitations “a plurality of individual thermochromic temperature sensors, each of the individual thermochromic temperature sensors including a thermochromic material,” and lines 7-10 of claim 24 requires the limitations “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,”
Lines 4-6 of claim 29, requires the limitations “the open platform comprising an array of temperature sensors, the array of temperature sensors comprising contact sensors, each temperature sensor of the array of temperature sensors that include the thermochromic material generating the plurality of temperature data values,” and lines 8-10 of claim 29 requires the limitations “each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.”
However, the Office notes that application number 13/799,828 (“’828 application” hereinafter) recites limitations now incorporated in the instant disclosure, the limitations reciting “the temperature sensors 26 may include temperature sensitive resistors (e.g., printed or discrete components mounted onto the circuit board 28), thermocouples, fiberoptic temperature sensors, or a thermochromic film” [emphasis added]. The Office notes that the specification of the ‘828 application clearly equates the plurality of temperatures sensors with a plurality of temperature sensitive resistors, a plurality of thermocouples, a plurality of fiberoptic temperature sensors but a single thermochromic film. Applicant’s specification thus fails to teach any embodiment wherein each individual sensor of a plurality of sensors includes a thermochromic film. Rather, the specification describes a single thermochromic film that constitutes the array that covers the entire bottom sole of a foot.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 5, 9-10, 15-19, 21, 24 & 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonetta et al. (US 4,534,365) (“Bonetta” hereinafter) in view of Carlsson et al. (US 2009/0219972) (“Carlsson” hereinafter), Biesbrouck et al. (US 2005/0097762) further in view of Russell (WO 2009/005373).
In regards to claims 1-3, Bonetta discloses a method comprising:
providing an open platform 14 for receiving at least one foot having a sole, the open platform 14 comprising a thermochromic material 86 comprising a contact sensor;
generating, using the thermochromic material 86, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, said generating executed after receipt of the at least one foot;
wherein the thermochromic material 86 comprises a thermochromic film 86;
wherein the thermochromic material 86 comprises a plurality of internal liquid crystals that reorient to produce a change in color in response to a temperature change above an ambient temperature (see at least abstract, figs. 1-4 and col. 2, lines 45-55 and col. 4, lines 6-44).
Bonetta discloses a method, as described above, that fails to explicitly teach a method providing an array comprising a plurality of individual thermochromic temperature sensors, each individual thermochromic temperature sensor of the array of temperatures sensors including a thermochromic material, and generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.
However, Carlsson teaches that it is known to provide a method comprising providing an array (i.e., honey comb like structure) comprising a plurality of individual thermochromic of temperature sensors (i.e., each hexagon within the honey comb like structure constitutes a single temperature sensor) (see at least abstract and figure), each individual thermochromic temperature sensor (i.e., each hexagon) of the array of temperatures sensors including a thermochromic material (i.e., within each hexagon); generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot; each thermochromic temperature sensor (i.e., each hexagon) having at least one adjacent thermochromic temperature sensor (i.e., adjacent hexagon(s)), each thermochromic temperature sensor (i.e., each hexagon) spaced apart from said adjacent thermochromic temperature sensor(s) (i.e., each hexagon(s)) to form the array of temperature sensors (i.e., array of hexagons) (see at least par 0014 & 0016-0019, 0021-0022 & 0025).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta comprising providing an array comprising a plurality of individual thermochromic temperature sensors, each individual thermochromic temperature sensor of the array of temperatures sensors including a thermochromic material, and generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors as taught by Carlsson since such a modification would amount to a simple substitution of one known element (i.e., as taught by Carlsson) for another (i.e., as taught by Bonetta) to obtain predictable results such as obtaining a temperature picture that remains a sufficiently long time with maintained sharpness (see at least par 0004 of Carlsson) and/or facilitating recording temperature distribution or a pixel pattern over a skin area with sufficiently fine separations (see at least par 0008, 0011 & 0016 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson discloses a method, as described above, that fails to teach a method comprising providing comprising providing one or more processors.
However, Biesbrouck discloses a method comprising provide comprising providing one or more processors (i.e., as part of computer and/or display thereof) (see at least abstract, figs. 1 & 4 and par 0040 & 0044-0047).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson comprising providing one or more processors as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Biesbrouck) ready for improvement to achieve a predictable result such as providing a flatbed scanner connected to a computer (see at least par 0040 of Biesbrouck) to transfer a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson and Biesbrouck discloses a method, as described above, that fails to teach a method comprising determining, by at least one of the one or more processors, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot; and producing, by at least one of the one or more processors, output information indicating, as a result of said determining, whether the plurality of temperature values presents one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot.
However, Russell teaches that it is known to provide a method determining, by at least one of the one or more processors 8, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot; and producing, by at least one of the one or more processors 8, output information indicating, as a result of said determining, whether the plurality of temperature values presents one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot (see at least abstract, figs. 1 & 3-5 and pg. 4, lines 14-28, pg. 9, lines 10-34 and pg. 10, lines 14-16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Biesbrouck comprising determining, by at least one of the one or more processors, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot; and producing, by at least one of the one or more processors, output information indicating, as a result of said determining, whether the plurality of temperature values presents one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot as taught by Russell since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Russell) ready for improvement to achieve a predictable result such as transferring a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson) including outputting an audible or visual alarm in the event the temperature picture is indicative of a potential adverse health problem (see at least abstract of Russell)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 5, Bonetta as modified by Carlsson and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein the open platform comprises an additional sensor to determine pressure of the at least one foot when applied to the open platform. However, Biesbrouck teaches that it is known to provide a method wherein the open platform comprises an additional sensor 20 to determine pressure of the at least one foot when applied to the open platform 11 (see at least fig. 1 and par 0037). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Russell wherein the open platform comprises an additional sensor to determine pressure of the at least one foot when applied to the open platform as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Biesbrouck) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as activating the camera upon pressure being applied to the platform (see at least par 0037 of Biesbrouck)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 9, Bonetta as modified by Carlsson and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein the open platform comprises a communication interface for communicating with a network. However, Biesbrouck teaches that it is known to provide a method wherein the open platform 42 comprises a communication interface (i.e., modem or other mobile communication device) for communicating with a network 41 (see at least figs. 1 & 4 and par 0037, 0040 & 0044-0046). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Russell wherein the open platform comprises a communication interface for communicating with a network as taught by as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Biesbrouck) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as sending the recorded image to a remote location such as a doctor’s office for further review and/or decision (see at least par 0045 of Biesbrouck)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 10, Bonetta as modified by Carlsson and Russell discloses the method of claim 9 that fails to explicitly teach a method wherein the network comprises a cellular and/or wireless network. However, Biesbrouck teaches that it is known to provide a method wherein the network 41 comprises a cellular and/or wireless network (see at least figs. 1 & 4 and par 0037, 0040 & 0044-0046). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Russell wherein the network comprises a cellular and/or wireless network as taught by as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Biesbrouck) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as sending the recorded image to a remote location such as a doctor’s office for further review and/or decision (see at least par 0045 of Biesbrouck)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 15, Bonetta as modified by Carlsson and Russell discloses the method of claim 1 that fails to explicitly teach a method further comprising causing display of the output information on a user interface remote from the open platform. However, Biesbrouck teaches that it is known to provide a method further comprising causing display of the output information on a user interface remote from the open platform 11 (see at least figs. 1 & 4 and par 0037, 0040 & 0044-0046). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Russell further comprising causing display of the output information on a user interface remote from the open platform as taught by as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Biesbrouck) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as sending the recorded image to a remote location such as a doctor’s office for further review and/or decision (see at least par 0045 of Biesbrouck)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claims 16-19, Bonetta discloses a system for use with the sole of at least one foot of a patient, the system comprising:
an open platform 14 for receiving the at least one foot, the open platform 14 comprising a thermochromic material, the thermochromic material comprising a contact sensor, the thermochromic material configured to generate a plurality of temperature data values representing at least a portion of the sole of the at least one foot, the open platform 14 configured to generate the plurality of temperature values after receipt of the at least one foot;
wherein the thermochromic material 86 comprises a thermochromic film 86;
wherein the thermochromic material 86 comprises a plurality of internal liquid crystals that reorient to produce a change in color in response to a temperature change above an ambient temperature (see at least abstract, figs. 1-4 and col. 2, lines 45-55 and col. 4, lines 6-44).
Bonetta discloses a system, as described above, that fails to explicitly teach a system comprising an array comprising a plurality of individual thermochromic of temperature sensors, each of the temperature sensors including thermochromic material, the array of temperature sensor configured to generate a plurality of temperature data values representing at least a portion of the sole of the at least one foot, the open platform configured to generate the plurality of temperature values after receipt of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.
However, Carlsson teaches that it is known to provide a system comprising an array (i.e., honey comb like structure) comprising a plurality of individual thermochromic of temperature sensors (i.e., each hexagons within the honey comb like structure) (see at least abstract and figure), each of the temperature sensors including thermochromic material (i.e., within each honeycomb), the array of temperature sensor configured to generate a plurality of temperature data values representing at least a portion of the sole of the at least one foot, the open platform configured to generate the plurality of temperature values after receipt of the at least one foot, each thermochromic temperature sensor (i.e., each hexagon) having at least one adjacent thermochromic temperature sensor (i.e., adjacent hexagon(s)), each thermochromic temperature sensor (i.e., each hexagon) spaced apart from said adjacent thermochromic temperature sensor(s) (i.e., each hexagon(s)) to form the array of temperature sensors (i.e., array of hexagons) (see at least par 0014 & 0016-0019, 0021-0022 & 0025).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Bonetta comprising a plurality of individual thermochromic of temperature sensors, each of the temperature sensors including thermochromic material, the array of temperature sensor configured to generate a plurality of temperature data values representing at least a portion of the sole of the at least one foot, the open platform configured to generate the plurality of temperature values after receipt of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors as taught by Carlsson since such a modification would amount to a simple substitution of one known element (i.e., as taught by Carlsson) for another (i.e., as taught by Bonetta) to obtain predictable results such as obtaining a temperature picture that remains a sufficiently long time with maintained sharpness (see at least par 0004 of Carlsson) and/or facilitating recording temperature distribution or a pixel pattern over a skin area with sufficiently fine separations (see at least par 0008, 0011 & 0016 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson discloses a system, as described above, that fails to explicitly teach a system comprising a pattern recognition system and an analyzer.
However, Biesbrouck teaches that it is known to provide a system comprising a pattern recognition system and an analyzer (i.e., as a computer and display thereof) (see at least abstract, figs. 1 & 4 and par 0040 & 0044-0047).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Bonetta as modified by Carlsson comprising a pattern recognition system and an analyzer as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Biesbrouck) ready for improvement to achieve a predictable result such as providing a flatbed scanner connected to a computer (see at least par 0040 of Biesbrouck) to transfer a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson and Biesbrouck discloses a system, as described above, that fails to explicitly teach a system comprising a pattern recognition system configured to determine whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns; and an analyzer operably coupled with the pattern recognition system, the analyzer configured to produce output information indicating a result of determining whether the plurality of temperature values present one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot.
However, Russell teaches that it is known to provide a system comprising a pattern recognition system (i.e., part of processor 8) configured to determine whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns; and an analyzer (i.e., part of processor 8) operably coupled with the pattern recognition system, the analyzer configured to produce output information indicating a result of determining whether the plurality of temperature values present one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot (see at least abstract, figs. 1 & 3-5 and pg. 4, lines 14-28, pg. 9, lines 10-34 and pg. 10, lines 14-16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Bonetta as modified by Carlsson and Biesbrouck comprising a pattern recognition system configured to determine whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns; and an analyzer operably coupled with the pattern recognition system, the analyzer configured to produce output information indicating a result of determining whether the plurality of temperature values present one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot as taught by Russell since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Russell) ready for improvement to achieve a predictable result such as transferring a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson) including outputting an audible or visual alarm in the event the temperature picture is indicative of a potential adverse health problem (see at least abstract of Russell)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 21, Bonetta as modified by Carlsson and Russell discloses the system of claim 16 wherein the open platform comprises an additional sensor to determine pressure of the at least one foot when applied to the open platform. However, Biesbrouck teaches that it is known to provide a system wherein the open platform comprises an additional sensor 20 to determine pressure of the at least one foot when applied to the open platform 11 (see at least fig. 1 and par 0037). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Bonetta as modified by Carlsson and Russell wherein the open platform comprises an additional sensor to determine pressure of the at least one foot when applied to the open platform as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Biesbrouck) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as activating the camera upon pressure being applied to the platform (see at least par 0037 of Biesbrouck)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claims 24 & 27, Bonetta discloses a method for the sole of at least one foot of a patient, the method comprising:
providing an open platform 14 for receiving at least one foot having a sole, the open platform 14 comprising a thermochromic material 86 comprising a contact sensor;
generating, using the thermochromic material 86, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, said generating executed after receipt of the at least one foot;
wherein the thermochromic material 86 comprises a thermochromic film 86;
wherein the thermochromic material 86 comprises a plurality of internal liquid crystals that reorient to produce a change in color in response to a temperature change above an ambient temperature (see at least abstract, figs. 1-4 and col. 2, lines 45-55 and col. 4, lines 6-44).
Bonetta discloses a method, as described above, that fails to explicitly teach a method with the open platform comprising a plurality of individual thermochromic temperature sensors, each of the individual thermochromic temperatures sensors including a thermochromic material; and generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.
However, Carlsson teaches that it is known to provide a method with the open platform comprising a plurality of individual thermochromic temperature sensors (i.e., each hexagon within the honey comb like structure) (see at least abstract and figure), each of the individual thermochromic temperatures sensors including a thermochromic material (i.e., within each hexagon); generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor (i.e., each hexagon) having at least one adjacent thermochromic temperature sensor (i.e., adjacent hexagon(s)), each thermochromic temperature sensor (i.e., each hexagon) spaced apart from said adjacent thermochromic temperature sensor(s) (i.e., each hexagon(s)) to form the array of temperature sensors (i.e., array of hexagons) (see at least par 0014 & 0016-0019, 0021-0022 & 0025).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta with the open platform comprising a plurality of individual thermochromic temperature sensors, each of the individual thermochromic temperatures sensors including a thermochromic material; and generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors as taught by Carlsson since such a modification would amount to a simple substitution of one known element (i.e., as taught by Carlsson) for another (i.e., as taught by Bonetta) to obtain predictable results such as obtaining a temperature picture that remains a sufficiently long time with maintained sharpness (see at least par 0004 of Carlsson) and/or facilitating recording temperature distribution or a pixel pattern over a skin area with sufficiently fine separations (see at least par 0008, 0011 & 0016 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson discloses a method, as described above, that fails to teach a method comprising providing comprising providing one or more processors; communicating at least the plurality of information relating to the temperature data values toward a remote computing device across a network, the at least one processor executing said determining or said producing being remote from the open platform, the open platform comprising a display.
However, Biesbrouck discloses a method comprising provide comprising providing one or more processors (i.e., as part of computer and/or display thereof); communicating at least the plurality of information relating to the temperature data values toward a remote computing device across a network 41, the at least one processor (i.e., from computer) executing said determining or said producing being remote from the open platform 11, the open platform 11 comprising a display (i.e., from computer) (see at least abstract, figs. 1 & 4 and par 0040 & 0044-0047).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson comprising providing one or more processors; communicating at least the plurality of information relating to the temperature data values toward a remote computing device across a network, the at least one processor executing said determining or said producing being remote from the open platform, the open platform comprising a display as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Biesbrouck) ready for improvement to achieve a predictable result such as providing a flatbed scanner connected to a computer (see at least par 0040 of Biesbrouck) to transfer a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson and Biesbrouck discloses a method, as described above, that fails to teach a method comprising determining, by at least one of the one or more processors, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns, at least one of the plurality of prescribed patterns shows one or more of:
1) a thermal deviation in two portions of the same foot,
2) a thermal deviation in corresponding portions of the patient's two feet,
3) a thermal deviation in one portion of the same foot over time;
producing, by at least one of the one or more processors, output information indicating a result of said determining whether the plurality of temperature values present one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and pre-ulcer on the sole of the at least one foot.
However, Russell teaches that it is known to provide a method comprising determining, by at least one of the one or more processors 8, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns, at least one of the plurality of prescribed patterns shows one or more of:
1) a thermal deviation in two portions of the same foot,
2) a thermal deviation in corresponding portions of the patient's two feet,
3) a thermal deviation in one portion of the same foot over time;
producing, by at least one of the one or more processors 8, output information indicating a result of said determining whether the plurality of temperature values present one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and pre-ulcer on the sole of the at least one foot (see at least abstract, figs. 1 & 3-5 and pg. 4, lines 14-28, pg. 9, lines 10-34 and pg. 10, lines 14-16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Biesbrouck comprising determining, by at least one of the one or more processors, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns, at least one of the plurality of prescribed patterns shows one or more of: 1) a thermal deviation in two portions of the same foot,
2) a thermal deviation in corresponding portions of the patient's two feet, 3) a thermal deviation in one portion of the same foot over time; producing, by at least one of the one or more processors, output information indicating a result of said determining whether the plurality of temperature values present one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and pre-ulcer on the sole of the at least one foot; as taught by Russell since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Russell) ready for improvement to achieve a predictable result such as transferring a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson) including outputting an audible or visual alarm in the event the temperature picture is indicative of a potential adverse health problem (see at least abstract of Russell)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 26, Bonetta as modified by Carlsson and Russell discloses the method of claim 24 that fails to explicitly teach a method further comprising causing display of the output information on a user interface remote from the open platform. However, Biesbrouck teaches that it is known to provide a method further comprising causing display of the output information on a user interface remote from the open platform 11 (see at least figs. 1 & 4 and par 0037, 0040 & 0044-0046). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Russell further comprising causing display of the output information on a user interface remote from the open platform as taught by as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Biesbrouck) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as sending the recorded image to a remote location such as a doctor’s office for further review and/or decision (see at least par 0045 of Biesbrouck)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 28, Bonetta as modified by Carlsson and Russell discloses the method of claim 24 that fails to explicitly teach a method wherein the open platform comprises an additional sensor to determine pressure of the at least one foot when applied to the open platform. However, Biesbrouck teaches that it is known to provide a method wherein the open platform comprises an additional sensor 20 to determine pressure of the at least one foot when applied to the open platform 11 (see at least fig. 1 and par 0037). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Russell wherein the open platform comprises an additional sensor to determine pressure of the at least one foot when applied to the open platform as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Biesbrouck) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as activating the camera upon pressure being applied to the platform (see at least par 0037 of Biesbrouck)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 29, Bonetta discloses a method comprising:
providing an open platform 14 for receiving at least one foot having a sole, the open platform 14 comprising a thermochromic material 86;
receiving a plurality of temperature data values representing at least a portion of the sole of the at least one foot from an open platform 14, the open platform 14 configured to receive at least one foot having a sole;
generating, using the thermochromic material 86, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, said generating executed after receipt of the at least one foot;
wherein the thermochromic material 86 comprises a thermochromic film 86;
wherein the thermochromic material 86 comprises a plurality of internal liquid crystals that reorient to produce a change in color in response to a temperature change above an ambient temperature (see at least abstract, figs. 1-4 and col. 2, lines 45-55 and col. 4, lines 6-44).
Bonetta discloses a method, as described above, that fails to explicitly teach a method providing an array of temperature sensors, each temperature sensor of the array of temperatures sensors including a thermochromic material generating the plurality of temperature data values, and generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors.
However, Carlsson teaches that it is known to provide a method comprising providing an array (i.e., honey comb like structure) of temperature sensors (i.e., each hexagon within the honey comb like structure) (see at least abstract and figure), each temperature sensor of the array of temperatures sensors including a thermochromic material (i.e., within each hexagon) generating the plurality of temperature data values; generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor (i.e., each hexagon) having at least one adjacent thermochromic temperature sensor (i.e., adjacent hexagon(s)), each thermochromic temperature sensor (i.e., each hexagon) spaced apart from said adjacent thermochromic temperature sensor(s) (i.e., each hexagon(s)) to form the array of temperature sensors (i.e., array of hexagons) (see at least par 0014 & 0016-0019, 0021-0022 & 0025).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta comprising providing an array of temperature sensors, each temperature sensor of the array of temperatures sensors including a thermochromic material generating the plurality of temperature data values, and generating, using the array of temperature sensors that include the thermochromic material, a plurality of temperature data values representing at least a portion of the sole of the at least one foot, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors as taught by Carlsson since such a modification would amount to a simple substitution of one known element (i.e., as taught by Carlsson) for another (i.e., as taught by Bonetta) to obtain predictable results such as obtaining a temperature picture that remains a sufficiently long time with maintained sharpness (see at least par 0004 of Carlsson) and/or facilitating recording temperature distribution or a pixel pattern over a skin area with sufficiently fine separations (see at least par 0008, 0011 & 0016 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson discloses a method, as described above, that fails to teach a method comprising providing comprising providing one or more processors; and receiving, via a communications adapter in communication with a computer network, a plurality of temperature data values representing at least a portion of the sole of the at least one foot from an open platform.
However, Biesbrouck discloses a method comprising provide comprising providing one or more processors (i.e., as part of computer and/or display thereof) and receiving, via a communications adapter (i.e., modem) in communication with a computer network 41, a plurality of temperature data values representing at least a portion of the sole of the at least one foot from an open platform 11 (see at least abstract, figs. 1 & 4 and par 0040 & 0044-0047).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson comprising providing one or more processors and receiving, via a communications adapter in communication with a computer network, a plurality of temperature data values representing at least a portion of the sole of the at least one foot from an open platform as taught by Biesbrouck since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Biesbrouck) ready for improvement to achieve a predictable result such as providing a flatbed scanner connected to a computer (see at least par 0040 of Biesbrouck) to transfer a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Bonetta as modified by Carlsson and Biesbrouck discloses a method, as described above, that fails to teach a method comprising determining, by at least one of the one or more processors, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot; and producing, by at least one of the one or more processors, output information indicating, as a result of said determining, whether the plurality of temperature values presents one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot.
However, Russell teaches that it is known to provide a method determining, by at least one of the one or more processors 8, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot; and producing, by at least one of the one or more processors 8, output information indicating, as a result of said determining, whether the plurality of temperature values presents one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot (see at least abstract, figs. 1 & 3-5 and pg. 4, lines 14-28, pg. 9, lines 10-34 and pg. 10, lines 14-16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson and Biesbrouck comprising determining, by at least one of the one or more processors, whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot; and producing, by at least one of the one or more processors, output information indicating, as a result of said determining, whether the plurality of temperature values presents one of the plurality of patterns relating to an ulcer, a pre-ulcer, or both an ulcer and a pre-ulcer on the sole of the at least one foot as taught by Russell since such a modification would amount to applying a known technique (i.e., as taught by Bonetta) to a known device (i.e., as taught by Russell) ready for improvement to achieve a predictable result such as transferring a temperature picture to the computer that can then identify the part areas and register the temperatures of these, then to present the result in appropriate way (see at least par 0018 of Carlsson) including outputting an audible or visual alarm in the event the temperature picture is indicative of a potential adverse health problem (see at least abstract of Russell)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 4 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonetta (‘365) in view of Carlsson (‘972), Biesbrouck (‘762), Russell (‘373) further in view of Lavery et al. (US 6,398,740) (“Lavery” hereinafter).
In regards to claim 4, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein the open platform 10 has a surface comprising a display for showing progression or results of one or more of the acts of said generating, determining and producing. However, Lavery teaches that it is known to provide a method wherein the open platform 10 has a surface comprising a display 150 for showing progression or results of one or more of the acts of said generating, determining and producing (see at least figs. 2-3 and col. 3, lines 64-67 and col. 4, lines 1-4). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the open platform 10 has a surface comprising a display for showing progression or results of one or more of the acts of said generating, determining and producing as taught by Lavery since such a modification would amount to a simple substitution of one known element (i.e., the display means or mirror as taught by Bonetta) for another (i.e., the display means as taught by Lavery) to obtain predictable results such as showing the actual measured temperature values and/or alert the user that a difference in the temperature may exist between two sensor sites--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 20, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the system of claim 16 that fails to explicitly teach a system wherein the open platform 14 has a display for showing progression or results of one or more of the acts of said generating, determining and producing. However, Lavery teaches that it is known to provide a system wherein the open platform 10 has a display for showing progression or results of one or more of the acts of said generating, determining and producing (see at least figs. 2-3 and col. 3, lines 64-67 and col. 4, lines 1-4). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the open platform 14 has a display for showing progression or results of one or more of the acts of said generating, determining and producing as taught by Lavery since such a modification would amount to a simple substitution of one known element (i.e., the display means or mirror as taught by Bonetta) for another (i.e., the display means as taught by Lavery) to obtain predictable results such as showing the actual measured temperature values and/or alert the user that a difference in the temperature may exist between two sensor sites--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 6-7 & 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonetta (‘365) in view of Carlsson (‘972), Biesbrouck (‘762), Russell (‘373) further in view of Gefen (US 2011/0313314).
In regards to claim 6, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein the at least one processor is configured to automatically begin the act of generating after receipt of the at least one foot. However, Gefen teaches that it is known to provide a method wherein the at least one processor 3 is configured to automatically begin the act of generating after receipt of the at least one foot (see at least fig. 1 and par 0058 & 0060). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the at least one processor is configured to automatically begin the act of generating after receipt of the at least one foot as taught by Gefen since such a modification would amount to applying a known technique (i.e., as taught by Gefen) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as saving power by selectively transferring the system to an active mode only in response to the user using the system--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 7, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein the open platform is configured to have a sleep mode, the open platform configured to turn on from the sleep mode in response to receipt of the at least one foot. However, Gefen teaches that it is known to provide a method wherein the open platform 1 is configured to have a sleep mode (i.e., stand-by mode), the open platform 1 configured to turn on from the sleep (i.e., stand-by) mode in response to receipt of the at least one foot (see at least fig. 1 and par 0058 & 0060). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the open platform is configured to have a sleep mode, the open platform configured to turn on from the sleep mode in response to receipt of the at least one foot as taught by Gefen since such a modification would amount to applying a known technique (i.e., as taught by Gefen) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as saving power by selectively transferring the system to an active mode only in response to the user using the system--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 22, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the system of claim 16 that fails to explicitly teach a method wherein the open platform is configured to have a sleep mode, the open platform configured to turn on from the sleep mode in response to receipt of the at least one foot. However, Gefen teaches that it is known to provide a system wherein the open platform 1 is configured to have a sleep mode (i.e., stand-by mode), the open platform 1 configured to turn on from the sleep (i.e., stand-by) mode in response to receipt of the at least one foot (see at least fig. 1 and par 0058 & 0060). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the open platform is configured to have a sleep mode, the open platform configured to turn on from the sleep mode in response to receipt of the at least one foot as taught by Gefen since such a modification would amount to applying a known technique (i.e., as taught by Gefen) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as saving power by selectively transferring the system to an active mode only in response to the user using the system--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 8, 23 & 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonetta (‘365) in view of Carlsson (‘972), Biesbrouck (‘762), Russell (‘373) further in view of Kantro et al. (US 2008/0214962) (“Kantro” hereinafter).
In regards to claim 8, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein the open platform comprises a non-skid base. However, Kantro teaches that it is known to provide a method wherein the open platform (i.e., pads) comprises a non-skid base (see at least abstract, figs. 1 & 3-4 and par 0031).Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the open platform comprises a non-skid base as taught by Kantro since such a modification would amount to applying a known technique (i.e., as taught by Kantro) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as providing a closed cell foam backing to provide insulation for the liquid crystal as well as a soft, non-slip surface to prevent user falls--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 23, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the system of claim 16 that fails to explicitly teach a system wherein the open platform 14 comprises a non-skid base. However, Kantro teaches that it is known to provide a system wherein the open platform (i.e., pads) comprises a non-skid base (see at least abstract, figs. 1 & 3-4 and par 0031).Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the open platform comprises a non-skid base as taught by Kantro since such a modification would amount to applying a known technique (i.e., as taught by Kantro) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as providing a closed cell foam backing to provide insulation for the liquid crystal as well as a soft, non-slip surface to prevent user falls--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 25, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the system of method 24 that fails to explicitly teach a method wherein the open platform comprises a non-skid base. However, Kantro teaches that it is known to provide a method wherein the open platform (i.e., pads) comprises a non-skid base (see at least abstract, figs. 1 & 3-4 and par 0031).Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein the open platform comprises a non-skid base as taught by Kantro since such a modification would amount to applying a known technique (i.e., as taught by Kantro) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as providing a closed cell foam backing to provide insulation for the liquid crystal as well as a soft, non-slip surface to prevent user falls--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 11-14 & 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonetta (‘365) in view of Carlsson (‘972), Biesbrouck (‘762), Russell (‘373) further in view of Shoureshi et al. (US 2008/0109183) (“Shoureshi” hereinafter).
In regards to claim 11, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein said determining comprises using machine learning to determine whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns. However, Shoureshi teaches that it is known to provide a method wherein said determining comprises using machine learning (i.e., neuro-fuzzy network) to determine whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns (see at least par 0010, 0019 & 0027-0048). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein said determining comprises using machine learning to determine whether the at least one of the plurality of temperature values presents at least one of a plurality of prescribed patterns as taught by Shoureshi since such a modification would amount to applying a known technique (i.e., as taught by Shoureshi) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as using a rule-based decision making system for determining the presence of foot inflammation in lieu of a temperature threshold (see at least par 0010 & 0042 of Shoureshi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 12, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 11 that fails to explicitly teach a method wherein determining comprises applying machine learning to data from observational studies. However, Shoureshi teaches that it is known to provide a method wherein determining comprises applying machine learning to data from observational studies (i.e., training data) (see at least par 0010, 0019 & 0027-0048). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein determining comprises applying machine learning to data from observational studies as taught by Shoureshi since such a modification would amount to applying a known technique (i.e., as taught by Shoureshi) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as using a rule-based decision making system for determining the presence of foot inflammation in lieu of a temperature threshold (see at least par 0010 & 0042 of Shoureshi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 13, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein said determining comprises using a model using knowledge based on clinical experience, published research, or both the clinical experience and the published research. However, Shoureshi teaches that it is known to provide a method wherein said determining comprises using a model using knowledge based on clinical experience, published research, or both the clinical experience and the published research (see at least par 0050-0052). (i.e., training data) (see at least par 0010, 0019 & 0027-0048). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell wherein said determining comprises using a model using knowledge based on clinical experience, published research, or both the clinical experience and the published research as taught by Shoureshi since such a modification would amount to applying a known technique (i.e., as taught by Shoureshi) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as using a rule-based decision making system for determining the presence of foot inflammation in lieu of a temperature threshold (see at least par 0010 & 0042 of Shoureshi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 14, Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 1 that fails to explicitly teach a method wherein said determining comprises using a baseline temperature of at least a portion of the sole of the at least one foot. However, Shoureshi teaches that it is known to provide a method wherein said determining comprises using a baseline (i.e., signature profile) temperature of at least a portion of the sole of the at least one foot (see at least par 0007, 0010, 0021 & 0048). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and wherein said determining comprises using a baseline temperature of at least a portion of the sole of the at least one foot as taught by Shoureshi since such a modification would amount to applying a known technique (i.e., as taught by Shoureshi) to a known device (i.e., as taught by Bonetta) ready for improvement to achieve a predictable result such as using a rule-based decision making system for determining the presence of foot inflammation in lieu of a temperature threshold (see at least par 0010 & 0042 of Shoureshi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 30, while Biesbrouck discloses a method the risk summary causing a triggering alert to be transmitted across the computer network 41 (see at least figs. 1 & 4 and par 0037, 0040 & 0044-0046), Bonetta as modified by Carlsson, Biesbrouck and Russell discloses the method of claim 29 that fails to explicitly teach a method further comprising producing the output information as a risk summary, the triggering alert comprising information suggesting intervention. However, Shoureshi teaches that it is known to provide a method further comprising producing the output information as a risk summary, the risk summary causing a triggering alert to be transmitted, the triggering alert comprising information suggesting intervention (see at least par 0026). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Bonetta as modified by Carlsson, Biesbrouck and Russell further comprising producing the output information as a risk summary, the triggering alert comprising information suggesting intervention as taught by Shoureshi since such a modification would amount to applying a known technique (i.e., as taught by Shoureshi) to a known device (i.e., as taught by Shoureshi) ready for improvement to achieve a predictable result such as providing feedback describing different alert conditions--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Response to Arguments
Applicant's arguments filed November 25, 2025 have been fully considered but they are not persuasive. Applicant contends the declarations of record were not handled properly. The Office respectfully traverses. The Office fully addressed the above-referenced declarations. Notably, the Applicant’s alleged difference of opinion as to the understanding of the prior disclosure is NOT a factual support. For example, the declaration(s) cannot fill in gaps that were not disclosed at the time of the prior disclosure, nor re-interpret the prior disclosure in ways that are NOT factually shown in said prior disclosure. In other words, the prior disclosure speaks for itself and the declarations have failed to show that the newly added matter in the instant disclosure were present in said prior disclosure. In fact, the prior disclosure fails to show the instantly added limitations “the open platform comprising an array comprising a plurality of individual thermochromic temperature sensors, each individual thermochromic temperature sensor of the array of temperatures sensors including a thermochromic material, each thermochromic temperature sensor having at least one adjacent thermochromic temperature sensor, each thermochromic temperature sensor spaced apart from said adjacent thermochromic temperature sensor(s) to form the array of temperature sensors,” at lines 3-9 of claim 1. Applicant has failed to show the instant language or structure exists in the prior disclosure.
Applicant contends that the specification supports the array of temperature sensors having thermochromic material. The Office respectfully traverses because application number 13/799,828 (“’828 application” hereinafter) recites “the temperature sensors 26 may include temperature sensitive resistors (e.g., printed or discrete components mounted onto the circuit board 28), thermocouples, fiberoptic temperature sensors, or a thermochromic film” [emphasis added]. The Office notes that the specification of the ‘828 application clearly equates the plurality of temperatures sensors with a plurality of temperature sensitive resistors, a plurality of thermocouples, a plurality of fiberoptic temperature sensors but a single thermochromic film. Applicant’s specification fails to teach any embodiment wherein each individual sensor of a plurality of sensors includes a thermochromic film. Rather, the specification describes a single thermochromic film that constitutes the array that covers the entire bottom sole of a foot. Moreover, Applicant contends that the ‘828 application supports the separate teachings of an array of temperature sensors and an array of contact sensors. However, the use of the term “contact sensors” in the ‘828 application is in reference to the temperature sensors, which require direct contact with the sole of the foot to measure temperature (described at least at par 0008 & 0040 of the ‘828 application) in contrast to noncontact temperature sensors such as infrared detectors (described at least in par 0041 of the ‘828 application). Clearly, it is the temperature sensors 26 that are the contact sensors (“[t]he sensors 26 preferably are laid out in a two-dimensional array/matrix of stationary contact sensors on the printed circuit board,” see par 0040 of the ‘828 application).
Applicant contends that the term “array” is understood by skilled artisan as requiring independent sensing elements. The Office respectfully traverses. First, the Office notes that the language “independently responsive thermal sensors” does not exist in the claim(s). Second, the Office notes that the ordinary meaning of the term “array” as defined by Webster’s II New Riverside University Dictionary (1994) means “a group of elements forming a complete unit.” In light thereof, consistent with par 0016 thereof, Carlsson teaches the following:
[0014] In a first version the invention can be implemented by placing two layers of thermochromatic material on top of each other. The thermochromatic material is different in the two layers, which by appropriate choice of thermochromatic material reacts at different temperatures so that they together constitute a fine pitched scale over a large temperature interval. By furthermore providing the front or upper of the layers with holes, openings or windows it is possible to register, over the entire area, the local temperature from the combination of colors that is shown at each hole and in the surrounding of this respectively. It is this possible in this way to achieve a larger readable temperature interval given a certain resolution or a higher resolution given a certain temperature interval.
[0016] In accordance with the invention the layers or sheets with thermochromatic properties are enclosed between two plastic layers, one or both of the plastic layers may be provided with a printed pattern that separate the layers into a number of defined detection areas that each include visible groups of part areas for each one of the used layers. In this way the identification of the temperature for each such defined area is facilitated. If so desired the defined detection areas may be numbered in order to facilitate recording.
Therefore, contrary to the Applicant’s’ assertion, Carlsson clearly teaches an array or a group of temperature areas forming a temperature distribution. Furthermore, due to a lack of supporting description, it is even unclear whether the Applicant’s instant disclosure has support for a plurality of discrete and/or independent thermochromic films as argued by the Applicant.
Applicant contends that the prior art of Carlsson fails to teach an array of thermochromic sensors. The Office respectfully traverses. However, Carlsson clearly describes a device that measures a temperature picture or temperature distribution of the sole of the foot (see at least par 0018-0019 thereof) contrary to the Applicant’s argument. In fact, Carlsson clearly teaches that “one or both of the plastic layers may be provided with a printed pattern that separate the layers into a number of defined detection areas that each include visible groups of part areas for each of the used layers” see par 0016 thereof, [Emphasis added]. Therefore, Applicant’s argument that the device of Carlsson is a single sensor is not convincing since the device of Carlsson clearly describes multiple detection areas (in other words sensors).
In view of the foregoing, the rejections over at least Bonetta, Carlsson and Russell are maintained.
Conclusion
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/RENE T TOWA/Primary Examiner, Art Unit 3791