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 .
Status of Claims
Claims 1-20, as filed on 07/26/2024, are currently pending and considered below.
Claim Objections
Claims listed below are objected to because of the following informalities (appropriate correction is required):
Claims 2-4, 6-13, and 15-20 amend: first word “A” to ---The---.
Claim 18, line 2 amend: “the measurements” to ---on the measurements---.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —the specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 16-20 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor.
Claims 16-20 recite: “the measurements”. There’s a lack of antecedent basis for this limitation within the claims. Applicant is suggested to amend the claims to be dependent on claim 15 which first describes the measurements.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) The claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by CN 116943106 A (Yongzheng et al; henceforth Yongzheng).
Regarding Independent Claim 1, Yongzheng discloses a vestibular training apparatus (“balance training device”, Figure 1) comprising: a motorized platform (pedal 4 with motor 27); a waist harness (Figure 1 Annotated; circular object at end of straps that user puts on); a plurality of balusters (Figure 1: Annotated; vertical posts between the base of the structure and the guard rail); a guard rail (Figure 1: Annotated; handle structure at top of vertical posts); a guard rail aperture (Figure 1: annotated; rings attached to guard rail that straps attach to); and a plurality of straps (Figure 1: annotated; straps connected between belt and guard rail apertures).
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Regarding Claim 2, Yongzheng further discloses the vestibular training apparatus of claim 1, wherein a user is disposed within the waist harness (the user is configured to wear the waist harness).
Regarding Claim 3, Yongzheng further discloses the vestibular training apparatus of claim 1, wherein the plurality of straps couples the waist harness to the plurality of balusters (straps couple the waist harness to the balusters via the rail apertures).
Regarding Claim 4, Yongzheng further discloses the vestibular training apparatus of claim 1, wherein the motorized platform is configured to rotate 360 degrees (see Figures 7 and 8 wherein belt 25 allows for full revolutions of the pedal 4).
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Figure 7
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210315759 A1 (Briccotto) in view of US 4961574 A (Lew).
Regarding Claim 5, Briccotto discloses a method of conducting vestibular training (“method for patients suffering from vestibular/balance disease where rotation about the longitudinal vertical axis provides a therapeutic benefit” Paragraph 52) comprising;
disposing a user on a motorized platform (platform 202 with drive motor 210, 212, Figure 2).
Briccotto discloses the invention as substantially claimed, see above. Briccotto further discloses wherein the platform rotates about an axis (see Figure 1). Briccotto does not disclose the motorized platform convectively coupled to a plurality of balusters; the balusters connectively coupled to a guard rail; the guard rail including a guard rail aperture.
Lew teaches an analogous exercise device in the same field of endeavor comprising:
a rotatable platform (support plate 15) convectively coupled to a plurality of balusters (structural members 13, 14);
the balusters connectively coupled to a guard rail (rings 1, 2);
the guard rail including a guard rail aperture (oblong rings 4, 5, 6, 7); and
a waist harness (“harness”, Figure 2) coupled to the plurality of balusters via a plurality of straps (straps 31, 32; said straps 31, 32 attach to oblong rings 4-7 attaching the harness to the structural members 13, 14 via rings 1 and 2).
It would have been obvious for one skilled in the art at the time of filing to modify the platform to include balusters coupled to a guard rail wherein the guard rail includes apertures and a harness with straps connected to the guard rail apertures, as taught by Lew, in order to provide stability and prevent the user from falling off the platform.
Regarding Claim 6, Briccotto as modified further discloses method of claim 5, wherein the user is rotated by the motorized platform (“apparatus, and method may be useful for exposing a user to rotational motion for therapy or training” Paragraph 2).
Regarding Claim 7, Briccotto as modified further discloses the method of claim 5, wherein the motorized platform includes a variety of settings such that the speed and direction of rotation may be varied (“a bi-directional, variable speed and/or torque drive system” Paragraph 2).
Regarding Claim 8, Briccotto as modified further discloses method of claim 5, wherein the user is disposed within a waist harness (said waist harness is configured to be secured around the user’s waist).
Regarding Claim 9, Briccotto as modified further discloses method of claim 5, wherein the waist harness is coupled to the plurality of balusters via a plurality of straps (said straps 31, 32 are attached to the oblong rings of the railing which are connected to the balusters).
Regarding Claim 10, Briccotto as modified further discloses method of claim 5, wherein the platform rotates the user 360 degrees (“RPMS” Paragraph 3; said platform is configured to perform full rotations per minute with the user thereon).
Regarding Claim 11, Briccotto as modified further discloses the method of claim 5, wherein the user is an individual with a disorder from the set of, autism, traumatic brain injury, mild traumatic brain injury, or concussion (“Devices according to the present disclosure may be used as, or as part of, a therapeutic treatment device, system and/or method for patients suffering from Traumatic Brain Injury” Paragraph 53).
Regarding Claim 12, Briccotto as modified further discloses the method of claim 5, wherein the user is conducting training for figure skating (“may be used as, or as part of, a training device or method for athletes in sports where spin rotation about a vertical rotation axis is an integral part of the sport (i.e., figure skating” Paragraph 50).
Regarding Claim 13, Briccotto as modified further discloses method of claims 5, wherein the user is conducting training for activities incorporating rotation (“may be used as, or as part of, a training device or method for athletes in sports where spin rotation about a vertical rotation axis is an integral part of the sport” Paragraph 50).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 20210315759 A1 (Briccotto) in view of US 20180280757 A1 (Callanan).
Regarding Independent Claim 14, Briccotto discloses a method of conducting vestibular training (“may be used as, or as part of, a therapeutic treatment device, system, and/or method for patients suffering from vestibular/balance disease” Paragraph 52 with device in Figure 1B) comprising:
disposing a user on a pressure sensing device (spin apparatus 20 with “a means for obtaining user input, such as… …pressure sensors” Paragraph 37; said device is a pressure sensing device; and “Methods of performing spin training and/or therapy according to the present disclosure may include the following: positioning a body of a user in a working position on powered spinning training/therapy apparatus” Paragraph 56);
conducting vestibular training (“a therapeutic treatment device, system, and/or method for patients suffering from vestibular/balance disease where rotation about the longitudinal vertical axis provides a therapeutic benefit” Paragraph 52 and “operating the drive unit to rotate the body of the user” Paragraph 58).
Briccotto discloses the invention as substantially claimed, see above. Briccotto does not disclose disposing the user on the pressure sensing device a second time.
Callanan teaches an analogous exercise device and method in the same field of endeavor comprising:
Repeating exercises (“Whichever of these exercises is chosen, the user then reverses his orientation and repeats” Paragraph 56). It would have been obvious for one skilled in the art at the time of filing to modify the training to include repeating the training to include disposing the user on the pressure sensing device a second time and performing vestibular training a second time, as taught by Callanan, in order to strengthen muscles via repetition.
Claims 15-20 rejected under 35 U.S.C. 103 as being unpatentable over US 20210315759 A1 (Briccotto) in view of US 20180280757 A1 (Callanan) in view of US 20190307982 A1 (Brodsky).
Regarding Claim 15, Briccotto discloses the invention as substantially claimed, see above. Briccotto does not disclose wherein the pressure sensing device will record measurements over the course of a plurality of vestibular training sessions.
Brodsky teaches an analogous exercise device in the same field of endeavor comprising:
pressure sensing device (pressure sensor 257B) recording measurements over the course of training sessions (“pressure sensor, tension sensor, photosensor, and the likes. This sensor allows motion tracking of the user's hips, measuring the user's waist width, waist circumference and other similar parameters” Paragraph 270 and “The parameters are for example, recorded and logged” Paragraph 277 and “wherein the sensor data is analyzed” Paragraph 291).
It would have been obvious for one skilled in the art at the time of filing to modify the pressure sensor to track user parameters and record, log, and analyze said parameters, as taught by Brodsky, in order to allow the user to reference training data at a future date.
Briccotto as modified further discloses wherein the pressure sensing device will record measurements over the course of a plurality of vestibular training sessions (said pressure sensor measures, tracks, and stores the user parameters while the device is in use).
Regarding Claim 16, Briccotto as modified further discloses the method of claim 15, wherein a motorized platform is rotated at a certain speed based on the results of measurements taken from the pressure sensor (“user input, such as one or more switches, buttons, knobs, touch pads, screens, pressure sensors” Paragraph 37 and “the spinner controller 100 controls the spinning apparatus 20 by delivering regulated or controlled power to the spinning apparatus 20 according to user input to the spinner controller 10” Paragraph 36; said user input is the pressure sensor which controls the spinner controller, said spinner controller controls the rotation speed of the platform).
Regarding Claim 17, Briccotto as modified further discloses the method of claim 15, wherein the direction of rotation of the motorized platform is set based on the results of measurements taken from the pressure sensor (“counterclockwise or clockwise rotation based on the input thereto from the spinner controller 100” Paragraph 46; said spinner controller is controlled by the user input allowing for the pressure sensor as the user input to control the rotation direction).
Regarding Claim 18, Briccotto as modified further discloses the method of claim 15, wherein vestibular training takes place at different time intervals based the measurements from the pressure sensor (said first and second training sessions take place at different time intervals in order to be taken in order wherein the pressure sensor user input measurements turn the device off and on).
Regarding Claim 19, Briccotto as modified further discloses the method of claim 15, wherein the measurements from the pressure training sensor direct the course of treatment for a neurological condition (“training related to physical and/or neurological condition” Paragraph 2; said record user inputs from the pressure sensor control the speed and direction of said platform and training).
Regarding Claim 20, Briccotto as modified further discloses the method of claim 15, wherein the measurements from the pressure training sensor are recorded and analyzed to track the treatment for a neurological condition (as modified said pressure sensor measurements are recorded, logged, and analyzed).
Conclusion
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/ZACHARY T MOORE/Examiner, Art Unit 3784