DETAILED ACTION
This communication is a Non-Final Rejection Office Action in response to the submission filed on 4/13/2026 in Application 17/885,918.
Claims 6, 13, 20 have been amended. Claims 6-25 are now presented.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/13/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 4/13/2026 with respect to the rejections under 101 have been fully considered and are persuasive. The 101 rejections have been withdrawn.
Applicant’s arguments, regarding the double patenting rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However based on the amendments, a new ground(s) of double patenting rejection has been applied.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 6, 13, 20 are rejected on the grounds of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,079,633. Although the claims at issue are not identical, they are not patentably distinct from each. Please see the comparison below
18/791,854
U.S. Patent No. 12,079,633
CLAIM 6 wherein the storage device stores task data of a plurality of different tasks performed by subjects to evaluate motor function and cognitive function of a current test subject by comparison of test results of a current test subject with test results of a group of test subjects previously tested, and wherein the memory stores instructions that when executed by the processor configures the processor to: store, in the storage device, test results of the group of test subjects previously tested including scores of a characteristic quantity associated with the performance of each of the plurality of different tasks by each subject of the group of test subjects previously tested, obtain test results of the group of test subjects previously tested and of a currently tested subject with magnetic sensors that obtain hand motion data of the subject being tested for each of the plurality of different tasks,
CLAIM 1 the storage device storing task data of a plurality of different tasks performed by subjects to evaluate motor function and cognitive function of a current test subject by comparison of test results of a current test subject with test results of a group of test subjects previously tested, the method comprising: storing in the storage device test results of the group of test subjects previously tested including scores of a characteristic quantity associated with the performance of each of the plurality of different tasks by each subject of the group of test subjects previously tested; obtaining test results of the group of test subjects previously tested and of a currently tested subject with magnetic sensors that obtain hand motion data of the subject being tested for each of the plurality of different tasks,
wherein the magnetic sensors are coupled to a conversion circuit that converts a first waveform signal detected by the magnetic sensors into a second waveform signal, and the second waveform signal, after being supplied to at least one of an alternating current (AC) generation circuit, a current generation amplifier circuit, a preamplifier circuit, a detection circuit, an LPF circuit, a phase adjustment circuit, an amplifier circuit, or an output signal terminal, is output as a time-series waveform signal from which the characteristic quantity associated with the performance of the plurality of different tasks is obtained,
wherein the magnetic sensors are coupled to an analog/digital conversion circuit that converts an analog waveform signal detected by the magnetic sensors into a digital waveform signal by sampling, the digital waveform signal is input to a motion sensor control part that includes an alternating current (AC) generation Page 2 of 16 circuit, a current generation amplifier circuit, a preamplifier circuit, a detection circuit, an LPF circuit, a phase adjustment circuit, an amplifier circuit, and an output signal terminal, the motion sensor control part outputting a time-series waveform signal from which the characteristic quantity associated with the performance of the plurality of different tasks is obtained;
divide the scores of the previously tested subjects into two groups, by discriminating between a first group of the previously tested subjects having a score less than a threshold N, N being an integer in a predetermined range of integers, and a second group of the previously tested subjects having a score equal to or more than the threshold N, based on an appearance frequency distribution with respect to the characteristic quantity of the first group and an appearance frequency distribution with respect to the characteristic quantity of the second group, the first group and the second group being discriminated by a discrimination index threshold,calculate a discrimination accuracy value (AUC) of discriminating between the first group and the second group by the discrimination index threshold for each of a plurality of the thresholds N in the predetermined range corresponding to each Page 3 of 21 reference task of the plurality of different tasks and storing a combination of the reference task and the discrimination accuracy value for each of the thresholds N for the predetermined range into an evaluation accuracy database,select, from the evaluation accuracy database, one of the plurality of the thresholds N, for each reference task stored in the storage device, having a maximum accuracy value as a maximum accuracy value threshold Nmax, andapply the maximum accuracy value threshold Nmax to the score of the characteristic quantity associated with the performance of the reference task by a current test subject to discriminate the score on the basis of the threshold Nmax and determine in which one of the first and second groups that the score of the characteristic quantity associated with the performance of the reference task is grouped as a representation of the motor function and cognitive function of a current test subject.
dividing the scores of the previously tested subjects into two groups, by discriminating between a first group of the previously tested subjects having a score less than a threshold N, N being an integer in a predetermined range of integers, and a second group of the previously tested subjects having a score equal to or more than the threshold N, based on an appearance frequency distribution with respect to the characteristic quantity of the first group and an appearance frequency distribution with respect to the characteristic quantity of the second group; calculating a discrimination accuracy value (AUC) for each of a plurality of the thresholds N in the predetermined range corresponding to each reference task of the plurality of different tasks and storing a combination of the reference task and AUC value for each of the thresholds N for the predetermined range into an evaluation accuracy database; selecting from the evaluation accuracy database one of the plurality of the thresholds N, for each reference task stored in the storage device, having a maximum accuracy value as a maximum accuracy value threshold Nmax; and applying the maximum accuracy value threshold Nmax to the score of the characteristic quantity associated with the performance of the reference task by a Page 3 of 16 current test subject to discriminate the score on the basis of the threshold Nmax and determine in which one of the first and second groups that the score of the characteristic quantity associated with the performance of the reference task is grouped as a representation of the motor function and cognitive function of a current test subject.
Conclusion
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/DEIRDRE D HATCHER/Primary Examiner, Art Unit 3625
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