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 .
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.
Claims 25-38 and 41-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,083,381. Although the claims at issue are not identical, they are not patentably distinct from each other because the Patented claims anticipate the instant claims, as detailed in the Double Patenting Claims Comparison Chart below.
Double Patenting Claims Comparison Chart
Instant Application
US Pat. 12,083,381
25.
A computing device for monitoring rehabilitation associated with extension of a body part, the computing device comprising:
1.
A system for rehabilitation, comprising:
[AltContent: ]
[AltContent: rect]one or more electronic devices comprising one or more memory devices storing instructions, one or more network interface cards, and one or more sensors, wherein the one or more electronic devices are flexible and worn by a user;
one or more processing devices configured to receive, from an electronic device configured to be worn by a user while the user performs the rehabilitation for a [AltContent: ]plurality of extension sessions specified by a treatment plan and for a plurality of days, a plurality of angles of extension between a first body part and a second body part at a joint of the user, wherein the plurality of angles is measured as the user extends the first body part away from the second body part via the joint;
and one or more processing devices [AltContent: rect]extension sessions specified by a treatment plan and performed by the user, using an electromechanical device, over a plurality of days, the one or more processing devices execute the instructions to: receive, from the one or more electronic devices, a plurality of angles of extension between an upper leg and a lower leg at a knee of the user, wherein the plurality of angles is measured as the user extends the lower leg away from the upper leg via the knee;
Examiner’s Note: The patent claim’s “upper leg” reads on the instant application claims “first body part”, “lower leg” similarly reads on “second body part” and “knee” reads on “joint” as the patent claims provide a specific example within the category of “body part” and “joint”.
a first user interface configured to display a graphical animation of the first body part, the second body part, and the joint of the user as the first body part is extended away from the second body part via the joint, wherein the graphical animation includes the plurality of angles of extension as the plurality of angles of extension changes during the extension;
present, on a first user interface, a graphical animation of the upper leg, the lower leg, and the knee of the user as the lower leg is extended away from the upper leg via the knee, wherein the graphical animation includes the plurality of angles of extension as the plurality of angles of extension changes during the extension;
Examiner’s note: “present” in the Patented claims is an example of “configured to display” as required by the instant application claim. As above, “upper leg”, “lower leg” and “knee” in the Patent claim read on “first body part” “second body part” and “joint” as recited in the instant application claim.
and memory configured to store as an extension statistic for each of the plurality of extension sessions a smallest angle achieved of the plurality of angles of extension, wherein a plurality of extension statistics is stored for the plurality of extension sessions specified by the treatment plan,
store as an extension statistic, for each of the plurality of extension sessions, a smallest angle achieved of the plurality of angles of extension, wherein a plurality of extension statistics is stored for the plurality of extension sessions specified by the treatment plan;
Examiner’s note: memory is recited in line 3 of the patent claim.
wherein the first user interface is configured to present progress through the plurality of extension sessions throughout the treatment plan via a graphical element presenting the plurality of extension statistics on the first user interface, wherein the graphical element illustrates the smallest angle achieved in each of the plurality of extension sessions with respect to the plurality of days,
present progress of the plurality of extension sessions throughout the treatment plan via a graphical element presenting the plurality of extension statistics on the first user interface, wherein the graphical element illustrates the smallest angle achieved in each of the plurality of extension sessions relative to the plurality of days;
and wherein the one or more processing devices is further configured to
(i) determine, based on the plurality of angles of extension, whether a range of motion threshold condition is satisfied, and
based on the plurality of angles of extension, determine whether a range of motion threshold condition is satisfied;
(ii) transmit, responsive to determining that the range of motion threshold condition is satisfied, a threshold condition update.
and responsive to determining that the range of motion threshold condition is satisfied, transmit, via the one or more network interface cards, a threshold condition update.
26.
The computing device of claim 25, wherein the graphical element includes a graph illustrating on one axis the smallest angles achieved and on another axis a number of days subsequent to a surgical procedure.
2.
The system of claim 1, wherein the graphical element includes a graph illustrating on one axis the smallest angles achieved and on another axis a number of days subsequent to a surgical procedure.
27.
The computing device of claim 25, wherein the graphical element includes an indication of a percentage in extension achieved since a beginning of the treatment plan.
3.
The system of claim 1, wherein the graphical element includes an indication of a percentage in extension achieved since a beginning of the treatment plan.
28.
The computing device of claim 25, wherein the graphical element includes an indication of how many remaining degrees of extension are required to achieve a target extension angle.
4.
The system of claim 1, wherein the graphical element includes an indication of how many remaining degrees of extension are required to achieve a target extension angle.
29.
The computing device of claim 25, wherein the plurality of angles of extension is received while the user is operating one or more pedals of an electromechanical device.
5.
The system of claim 1, wherein the plurality of angles of extension is received while the user is engaging one or more pedals of the electromechanical device.
30.
The computing device of claim 29, wherein receiving the plurality of angles causes the one or more processing devices to: adjust a first position of a first pedal on a first radially-adjustable coupling of the electromechanical device, wherein the adjusting of the first position changes a first diameter of a first range of motion of the first pedal; and maintain a second diameter of a second range of motion of a second pedal on a second radially-adjustable coupling of the electromechanical device.
6.
The system of claim 1, wherein receiving the plurality of angles causes the one or more processing devices to execute instructions to: adjust a first position of a first pedal on a first radially-adjustable coupling of the electromechanical device, wherein the adjusting of the first position changes a first diameter of a first range of motion of the first pedal; and maintain a second diameter of a second range of motion of a second pedal on a second radially-adjustable coupling of the electromechanical device.
31.
The computing device of claim 30, wherein at least one of the plurality of angles of extension satisfies a range of motion threshold condition to cause the adjustment of the first position.
7.
The system of claim 6, wherein at least one of the plurality of angles of extension satisfies a range of motion threshold condition to cause the adjustment of the first position.
32.
The computing device of claim 25, wherein the one or more processing devices are configured to: select a number of extensions or a number of bends; and transmit the number of extensions or the number of bends from the computing device to a second computing device, wherein transmitting the number of extensions or the number of bends to the second computing device causes the second computing device to display the respective number of extensions or the number of bends.
8.
The system of claim 1, wherein the one or more processing devices execute the instructions to: select a number of extensions or a number of bends; and transmit, via the one or more network interface cards, the number of extensions or the number of bends from a first computing device to a second computing device, wherein transmitting the number of extensions or the number of bends to the second computing device causes the second computing device to present the respective number of extensions or the number of bends.
33.
The computing device of claim 25, wherein the one or more processing devices are further configured to: control an image capture device to capture an image of a body part of the user being rehabilitated; and transmit, to a second computing device, the image of the body part.
9.
The system of claim 1, wherein the one or more processing devices are further configured to: control an image capture device to capture an image of a body part of the user being rehabilitated; and transmit, to a computing device operated by a clinician, the image of the body part,
34.
The computing device of claim 25, wherein the one or more processing devices are further configured to: receive a number of steps taken by the user over a certain time period; calculate whether the number of steps satisfies a step threshold of the treatment plan; and display, on the first user interface, the number of steps taken by the user and an indication of whether the number of steps satisfies the step threshold.
10.
The system of claim 1, wherein the one or more processing devices are further configured to: receive, from a wearable device, a number of steps taken by the user over a certain time period; calculate whether the number of steps satisfies a step threshold of the treatment plan; and display, on the first user interface, the number of steps taken by the user and an indication of whether the number of steps satisfies the step threshold.
35.
The computing device of claim 25, wherein the one or more processing devices are configured to: prompt a second user to enter a target value into a second computing device; and cause the second computing device to present the target value.
11.
The system of claim 1, wherein the one or more processing devices execute the instructions to: prompt a second user to enter a target value into a computing device; and cause the computing device to present the target value.
36.
The computing device of claim 35, wherein the target value includes at least one of a first target value, a second target value, a first pain score, a second pain score, a pedal speed, and a mode.
12.
The system of claim 11, wherein the target value includes at least one of a first target value, a second target value, a first pain score, a second pain score, a pedal speed, and a mode.
37.
The computing device of claim 36, wherein, based on the target value and a performance of the user, the one or more processing devices are further configured to assign a score.
13.
The system of claim 12, wherein, based on the target value and a performance of the user, the one or more processing devices are further configured to assign a score.
38.
The computing device of claim 25, wherein the one or more processing devices are further configured to:transmit information that includes the plurality of angles of extension to a second computing device that includes a second user interface, wherein each of the computing device and the second computing device is separately configured to control an electromechanical device operated by the user, and further wherein, during operation of the electromechanical device by the user, the second computing device is separate from and in a location distinct from the electromechanical device;present, on the first user interface of the computing device and as the user uses the electromechanical device to perform an exercise, the information to the user; present, on the second user interface of the second computing device in the location distinct from the electromechanical device, the information as the user uses the electromechanical device to perform the exercise; receive, from the second computing device and in the location distinct from the electromechanical device, adjustment information; and adjust, in response to the adjustment information received from the second computing device in the location distinct from the electromechanical device, one or more operating parameters of the electromechanical device.
14.
The system of claim 1, wherein the one or more processing devices are configured to execute the instructions to: transmit, via the one or more network interface cards, information that includes the plurality of angles of extension to one of a first computing device that includes the first user interface and a second computing device that includes a second user interface, each of the first and second computing devices separately configured to control the electromechanical device, wherein, during operation of the electromechanical device by the user, the second computing device is separate from and in a location distinct from the electromechanical device; present, on the first user interface of the first computing device and as the user uses the electromechanical device to perform an exercise, the information to the user; present, on the second user interface of the second computing device in the location distinct from the electromechanical device, the information as the user uses the electromechanical device to perform the exercise; receive, from the second computing device and in the location distinct from the electromechanical device, adjustment information; and in response to the adjustment information received from the second computing device in the location distinct from the electromechanical device, adjust one or more operating parameters of the electromechanical device.
41.
A method for monitoring rehabilitation associated with extension of a body part, the method comprising, using one or more processing devices:receiving, at the one or more processing devices from an electronic device configured to be worn by a user while the user performs the rehabilitation for a plurality of extension sessions specified by a treatment plan and for a plurality of days, a plurality of angles of extension between a first body part and a second body part at a joint of the user, wherein the plurality of angles is measured as the user extends the first body part away from the second body part via the joint;displaying, at a first user interface, a graphical animation of the first body party, the second body part, and the joint of the user as the first body part is extended away from the second body part via the joint, wherein the graphical animation includes the plurality of angles of extension as the plurality of angles of extension changes during the extension;storing, in memory communicatively coupled to the one or more processing devices, as anextension statistic for each of the plurality of extension sessions, a smallest angle achieved of the plurality of angles of extension, wherein a plurality of extension statistics is stored for the plurality of extension sessions specified by the treatment plan;presenting, at the first user interface, progress through the plurality of extension sessions throughout the treatment plan via a graphical element presenting the plurality of extension statistics on the first user interface, wherein the graphical element illustrates the smallest angle achieved in each of the plurality of extension sessions with respect to the plurality of days; and using the one or more processing devices, determining, based on the plurality of angles of extension, whether a range of motion threshold condition is satisfied, and transmit, responsive to determining that the range of motion threshold condition is satisfied, a threshold condition update.
1.
A system for rehabilitation, comprising: one or more electronic devices comprising one or more memory devices storing instructions, one or more network interface cards, and one or more sensors, wherein the one or more electronic devices are flexible and worn by a user; and one or more processing devices operatively coupled to the one or more memory devices, the one or more network interface cards, and the one or more sensors, wherein, for a plurality of extension sessions specified by a treatment plan and performed by the user, using an electromechanical device, over a plurality of days, the one or more processing devices execute the instructions to: receive, from the one or more electronic devices, a plurality of angles of extension between an upper leg and a lower leg at a knee of the user, wherein the plurality of angles is measured as the user extends the lower leg away from the upper leg via the knee; present, on a first user interface, a graphical animation of the upper leg, the lower leg, and the knee of the user as the lower leg is extended away from the upper leg via the knee, wherein the graphical animation includes the plurality of angles of extension as the plurality of angles of extension changes during the extension; store as an extension statistic, for each of the plurality of extension sessions, a smallest angle achieved of the plurality of angles of extension, wherein a plurality of extension statistics is stored for the plurality of extension sessions specified by the treatment plan; present progress of the plurality of extension sessions throughout the treatment plan via a graphical element presenting the plurality of extension statistics on the first user interface, wherein the graphical element illustrates the smallest angle achieved in each of the plurality of extension sessions relative to the plurality of days; based on the plurality of angles of extension, determine whether a range of motion threshold condition is satisfied; and responsive to determining that the range of motion threshold condition is satisfied, transmit, via the one or more network interface cards, a threshold condition update.
Examiner’s note: While the patent claim is drawn to a system and the instant claim is a method, the system nonetheless anticipates the method as every step of the method is recited in the Patent claims. It would have been prima facie obvious to a person having ordinary skill in the art, therefore, to construe the patent claim as a method claim to anticipate application claim 41.
42.
The method of claim 41, wherein the graphical element includes at least one of (i) a graph illustrating on one axis the smallest angles achieved and on another axis a number of days subsequent to a surgical procedure, (ii) an indication of a percentage in extension achieved since a beginning of the treatment plan, and (iii) an indication of how many remaining degrees of extension are required to achieve a target extension angle.
2.
The system of claim 1, wherein the graphical element includes a graph illustrating on one axis the smallest angles achieved and on another axis a number of days subsequent to a surgical procedure.
3.
The system of claim 1, wherein the graphical element includes an indication of a percentage in extension achieved since a beginning of the treatment plan.
4.
The system of claim 1, wherein the graphical element includes an indication of how many remaining degrees of extension are required to achieve a target extension angle.
43.
The method claim 41, wherein the plurality of angles of extension is received while the user is operating one or more pedals of an electromechanical device.
5.
The system of claim 1, wherein the plurality of angles of extension is received while the user is engaging one or more pedals of the electromechanical device.
44.
The method of claim 43, wherein receiving the plurality of angles causes the one or more processing devices to: adjust a first position of a first pedal on a first radially-adjustable coupling of the electromechanical device, wherein the adjusting of the first position changes a first diameter of a first range of motion of the first pedal; and maintain a second diameter of a second range of motion of a second pedal on a second radially-adjustable coupling of the electromechanical device.
6.
wherein receiving the plurality of angles causes the one or more processing devices to execute instructions to: adjust a first position of a first pedal on a first radially-adjustable coupling of the electromechanical device, wherein the adjusting of the first position changes a first diameter of a first range of motion of the first pedal; and maintain a second diameter of a second range of motion of a second pedal on a second radially-adjustable coupling of the electromechanical device.
45.
The method of claim 44, wherein at least one of the plurality of angles of extension satisfies a range of motion threshold condition to cause the adjustment of the first position.
7.
The system of claim 6, wherein at least one of the plurality of angles of extension satisfies a range of motion threshold condition to cause the adjustment of the first position.
46.
The method of claim 41, further comprising, using the one or more processing devices: selecting a number of extensions or a number of bends; and transmitting the number of extensions or the number of bends from a first computing device that includes the one or more processing devices to a second computing device, wherein transmitting the number of extensions or the number of bends to the second computing device causes the second computing device to display the respective number of extensions or the number of bends.
8.
The system of claim 1, wherein the one or more processing devices execute the instructions to: select a number of extensions or a number of bends; and transmit, via the one or more network interface cards, the number of extensions or the number of bends from a first computing device to a second computing device, wherein transmitting the number of extensions or the number of bends to the second computing device causes the second computing device to present the respective number of extensions or the number of bends.
47.
The method of claim 41, further comprising, using the one or more processing devices: transmitting information that includes the plurality of angles of extension from a first computing device that includes the one or more processing devices to a second computing device that includes a second user interface, wherein each of the first and second computing devices is separately configured to control an electromechanical device operated by the user, and further wherein, during operation of the electromechanical device by the user, the second computing device is separate from and in a location distinct from the electromechanical device; presenting, on the first user interface and as the user uses the electromechanical device to perform an exercise, the information to the user; presenting, on the second user interface of the second computing device in the location distinct from the electromechanical device, the information as the user uses the electromechanical device to perform the exercise; receiving, from the second computing device and in the location distinct from the electromechanical device, adjustment information; andadjusting, in response to the adjustment information received from the second computing device in the location distinct from the electromechanical device, one or more operating parameters of the electromechanical device.
14.
The system of claim 1, wherein the one or more processing devices are configured to execute the instructions to: transmit, via the one or more network interface cards, information that includes the plurality of angles of extension to one of a first computing device that includes the first user interface and a second computing device that includes a second user interface, each of the first and second computing devices separately configured to control the electromechanical device, wherein, during operation of the electromechanical device by the user, the second computing device is separate from and in a location distinct from the electromechanical device; present, on the first user interface of the first computing device and as the user uses the electromechanical device to perform an exercise, the information to the user; present, on the second user interface of the second computing device in the location distinct from the electromechanical device, the information as the user uses the electromechanical device to perform the exercise; receive, from the second computing device and in the location distinct from the electromechanical device, adjustment information; and in response to the adjustment information received from the second computing device in the location distinct from the electromechanical device, adjust one or more operating parameters of the electromechanical device.
Allowable Subject Matter
Claims 25-38 and 41-47 would be allowable upon the filing of a Terminal Disclaimer to overcome the Nonstatutory Double Patenting Rejections above.
Claims 39-40 and 48 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Belson et al. (WO 2018/081795) is considered the closest prior art of record. Belson et al. shows: A system for rehabilitation, comprising: one or more electronic devices comprising one or more memory devices storing instructions (Examiner notes a microcontroller MCU described in para. 54 inherently has a memory device storing instructions, or it would not be able to operate as a microcontroller), one or more network interface cards (para 55, “In some embodiments, the sensor assembly includes a sensing element, a transmitter, a communications element. In some embodiments, the communications element includes a receiver and/or a transceiver”), and one or more sensors (para. 55: “In some embodiments, a sensor herein includes a sensor assembly removable from the enclosure.” Also see paras. 57, 59-60, and 121 for further descriptions of sensor assemblies), wherein the one or more electronic devices are flexible (para. 69: “In some embodiments, the pouch is made of one or more materials that are flexible.”) and worn by a user (para. 54: “In some embodiments, the sensors include one or more adherent sensors for adhering to skin of a subject.” Also see para. 66); and one or more processing devices (para. 54: “In some embodiments, the sensor assembly includes a microcontroller (MCU) or a microprocessor (MPU).”) operatively coupled to the one or more memory devices, the one or more network interface cards, and the one or more sensors (Fig. 4A), wherein the one or more processing devices execute the instructions to: receive, from the one or more electronic devices, a plurality of angles of extension between an upper leg and a lower leg at a knee of the user, wherein the plurality of angles is measured as the user extends the lower leg away from the upper leg via the knee (para. 87: “In this embodiment, the user can interact with a “start” button and the application automatically record a number of repetitions 201, 1102 of flexion and extension, and for each flexion and extension, a flexion and an extension angle, respectively”); present, on a user interface, a graphical animation of the upper leg, the lower leg, and the knee of the user as the lower leg is extended away from the upper leg via the knee, wherein the graphical animation includes the plurality of angles of extension as the plurality of angles of extension changes during the extension (para. 87: “In some embodiments, the application allows a user to review a picture and/or an animation 203, 1103 in real-time that indicate the current flexion and extension angle or the current maximum flexion angle and minimum extension angle.”); store a smallest angle of the plurality of angles of extension as an extension statistic for an extension session (para. 87: “In the same embodiment, the application also automatically analyzes and displays the maximum flexion angle and minimum extension angle 202, 203, 1102, 1103 based on the recorded number of repetitions.”), wherein a plurality of extension statistics is stored for a plurality of extension sessions specified by the treatment plan (para. 87: “In some embodiments, the therapeutic protocol goal flexion and extension angles are presented to the user and audible and visual cues are provided when the goals are achieved. In some embodiments, the number of repetitions is automatically set in compliance with the treatment protocol.”); present progress of the plurality of extension sessions throughout the treatment plan via a graphical element presenting the plurality of extension statistics on the user interface (para. 88: “Referring to Fig. 2B, in a particular embodiment, the application provides a user interface 200b to allow a user to visualize summary of progress based on recording for a pre-selected period of time, e.g., a day. In this particular embodiment, the visualization includes a picture and/or an animation 204 that indicates the maximum flexion angle and minimum extension angle during the pre-selected period of time.”); based on the plurality of angles of extension, determine whether a range of motion threshold condition is satisfied; and responsive to determining that the range of motion threshold condition is satisfied, transmit, via the one or more network interface cards, a threshold condition update to a second computing device to cause the second computing device to present the threshold condition update (para. 99: “Referring to Fig. 3A, in a particular embodiment, a user interface 300a is provided to a doctor, physician, or other medical practitioner for reviewing summary of his patients' progress. In this embodiment, each patient is given a unique patient identifier 301, and the patient's maximum flexion angles and minimum extension angles for each day is shown 302. The vertical axis 303 shows different flexion and extension angles. In the same embodiments, the patient's progress is color coded based on pre-set rules by the doctor, physician, or other medical practitioner, optionally customized for each patient according to the patient's medical history. Hence, the doctor, physician, or other medical practitioner can conveniently and easily detect any warnings or critical events regarding one or more of his patients. In some embodiments, realtime notification is sent to the doctor, physician, or other medical practitioner, when a warning 305 or a critical event 305 is detected. In this embodiment, the notifications 304, 305 are optionally displayed at the same user interface to the doctor, physician, or other medical practitioner. The doctor, physician, or other medical practitioner interacts with a color coded event 302 of one of his patient to review further details 302a of the patient and the details, such as the maximum flexion and minimum extension angles.” In para. 99, the “warning or critical event” is a threshold condition. Alternatively, para. 107 describes: “In some embodiments, the remote computing device is configured to determine one or more of a range of motion of the joint, a range of flexion of the joint, a range of extension of the joint, a range of rotation of the joint, a motion pattern of the joint, a gait of the subject, a position of the joint, an orientation of the joint, a placement of the sensor(s) relative to the joint, a compliance of the subject to a joint cooling or heating protocol, a compliance of the subject to a movement protocol, a compliance of the subject for muscle activation/inactivation, swelling of the joint, inflammation of the joint, edema of the joint, mechanical or physical impact on the joint, treatment effect on the joint, or a physical therapy progress of the subject based on the received measurement data.” And para. 110: “In some embodiments, the systems or methods disclosed herein includes a medical professional computing device in communication with the remote computing device or the local computing device to access one or more of the measurement data or at least a first portion of the analysis, and wherein at least a second portion of the analysis of the measurement data is provided by the medical professional through the medical professional computing device.” Paras. 107 and 110 describe a threshold condition as “compliance to a movement protocol” or “physical therapy progress”, which can be sent to a medical professional. Therefore, Belson et al. contemplates a range of motion threshold condition, and based on a determination that the range of motion threshold condition is satisfied, transmit a threshold condition update to a second computing device, as required by the claim).
Belson does not teach or suggest presenting progress via a graphical element as recited in claim 25 and 41, specifically illustrating the smallest angle achieved in each of the plurality of exercise sessions relative to the plurality of days. For at least this reason, claims 25 and 41 and all claims depending therefrom are considered allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784