DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is responsive to the preliminary amendments received on 12 August 2025. Claims 1-17 are currently pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings received on 19 March 2025 are accepted by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
In lines 1-2, it appears that the phrase “worn on the body of a patient” should read “worn on a body of a patient.”
In line 10, it appears that the phrase “into the reality perceived by the user” should read “into reality perceived by the user.”
Claim 14 is objected to because of the following informality:
In line 3, it appears that the phrase “the field of vision” should read “a field of vision.”
Claim 15 is objected to because of the following informalities:
In line 2, it appears that the phrase “the settings” should read “settings.”
In line 5, it appears that the phrase “the field of vision” should read “a field of vision.”
Claim 16 is objected to because of the following informality:
In line 5, it appears that the phrase “the field of vision” should read “a field of vision.”
Appropriate correction is required.
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.
Claim 16 is 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 regards as the invention.
Claim 16 recites the limitation "the virtual twin" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the evaluation unit" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Note: It appears that amending line 1 of claim 16 to read “method as claimed in claim 13” would overcome this rejection (see line 4 of claim 13 for antecedent basis). For examination purposes, claim 16 will be treated as such.
Claim Rejections - 35 USC § 102
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 1-14 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glorieux et al. (International Publication WO 2021/032538), using a provided machine translation from the EPO website.
Glorieux et al. disclose (as to claim 1) a method of computer-based configuration (see paragraph 0010 of the machine translation) of an orthopedic apparatus (see paragraph 0014 of the machine translation) worn on a body of a patient equipped therewith, wherein the method comprises the following steps acquiring status-related and/or movement-related data of the orthopedic apparatus during a movement sequence (see paragraph 0052 of the machine translation), within the scope of which the relevant patient carries out a movement using the orthopedic apparatus (see paragraph 0052 of the machine translation), transferring the acquired status-related and/or movement-related data regarding the movement sequence to an augmented-reality device used by a user (see paragraph 0048 of the machine translation), and superimposing, in the form of augmented reality, at least some of the transferred status-related and/or movement-related data and/or information derived therefrom into reality perceived by the user using the augmented-reality device (see paragraph 0048 of the machine translation), wherein (as to claim 2) at least some of the transferred status-related and/or movement-related data and/or information derived therefrom are superimposed, in the form of augmented reality, during the movement sequence into the reality of the movement sequence perceived by the user using the augmented-reality device (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 3) a camera (12) connected to the augmented-reality device is used to record the movement sequence of the movement performed by the relevant patient with the orthopedic apparatus (see paragraph 0041 of the machine translation), and at least one positionally accurate representation position is ascertained on the basis of the recorded movement sequence, the data and/or information correlating with the said representation position (see paragraph 0057 of the machine translation), wherein the transferred status-related and/or movement- related data and/or the information derived therefrom are superimposed, in the form of augmented reality and in positionally accurate fashion, into the reality perceived by the user at the ascertained position (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 4) a movement sequence stored in a data memory and recorded previously, or a part thereof, is provided, wherein the augmented-reality device is used to superimpose, in the form of augmented reality, the stored and previously recorded movement sequence, or a part thereof, into the reality perceived by the user (see paragraphs 0066 and 0067 of the machine translation), wherein (as to claim 5) the data and/or information are presented on a display device worn in front of the eyes of the user, in such a way that the data and/or information are superimposed, in the form of augmented reality, into the reality perceived by the user (see paragraph 0021 of the machine translation), wherein (as to claim 6) a camera (12) connected to the augmented-reality device is used to record the movement sequence of the movement performed by the relevant patient with the orthopedic apparatus and play back the said movement sequence in real time on a display of the augmented-reality device (see paragraph 0031 of the machine translation), wherein the data and/or information in the representation of the recorded movement sequence played back on the display are superimposed, in the form of augmented reality, into the reality perceived by the user (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 7) the status-related and/or movement-related data are acquired from a sensor source external to the orthopedic apparatus, from a sensor source integrated in the orthopedic apparatus and/or from a patient-related sensor source secured to the patient (see paragraphs 0025 and 0026 of the machine translation), wherein (as to claim 8) a camera (12) connected to the augmented-reality device is used to record the movement sequence of the movement performed by the relevant patient with the orthopedic apparatus (see paragraph 0041 of the machine trans), and an evaluation unit (i.e. an electronic data processing device) is used to ascertain movement-related data and/or information derived therefrom from the recorded movement sequence by way of image recognition carried out by the evaluation unit (see paragraphs 0030 and 0064 of the machine translation), the said movement-related data and/or information derived therefrom then being superimposed in the form of augmented reality (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 9) setting parameters of the orthopedic apparatus, as status-related data and/or information derived therefrom, are transferred to the augmented- reality device or are already stored therein (see paragraphs 0031, 0043, 0066 and 0067 of the machine translation), and the said setting parameters are superimposed, in the form of augmented reality, into the reality perceived by the user (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 10) targets in relation to status-related and/or movement-related data and/or information derived therefrom are provided in a database (i.e. a location where data/information is stored, see paragraphs 0031, 0039, 0043, 0066 and 0067 of the machine translation), wherein at least some of the targets are read from the database and are superimposed, in the form of augmented reality, into the reality perceived by the user, directly and/or as deviations of the status-related and/or movement-related data from the targets (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 11) a target movement sequence is provided in a database (i.e. a location where data/information is stored, see paragraphs 0031, 0039, 0043, 0066 and 0067 of the machine translation), wherein at least some of the target movement sequence is read from the database and superimposed, in the form of augmented reality, into the reality perceived by the user (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 12) deviations from the target movement sequence are determined on the basis of the status-related and/or movement-related data and/or information derived therefrom using an evaluation unit (see paragraph 0048 of the machine translation) and are superimposed, in the form of augmented reality, into the reality perceived by the user (see paragraphs 0048 and 0052 of the machine translation), wherein (as to claim 13) a camera (12) connected to the augmented-reality device is used to record the movement sequence of the movement performed by the relevant patient with the orthopedic apparatus (see paragraph 0041 of the machine translation), and, by means of an evaluation unit (i.e. an electronic data processing device), a virtual twin (e.g. simulated data) is created and stored in a data memory (see paragraph 0048 of the machine translation), wherein (as to claim 14) the movement sequence is followed by superimposing the virtual twin, in the form of augmented reality, into the field of vision of the user (see paragraphs 0021, 0048 and 0058 of the machine translation), wherein (as to claim 16) a deviation between the acquired status-related and/or movement-related data of the orthopedic apparatus and the information derived from the virtual twin is ascertained by means of the evaluation unit (see paragraph 0048 of the machine translation) and is superimposed, in the form of augmented reality, into the field of vision of the user (see paragraphs 0048 and 0052 of the machine translation), and wherein (as to claim 17) the method is carried out by a system for configuring the orthopedic device (see Figure 1) (see Figure 1-3, and paragraphs 0001-0067 of the machine translation).
Allowable Subject Matter
Claim 15 is 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.
Claim 15 in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, in combination with the limitations required by claims 1 and 13, wherein a modified movement sequence of the virtual twin is calculated on the basis of a change in settings of the orthopedic apparatus and/or by a simulation of external influences on the movement sequence by means of a computing unit, wherein the modified movement sequence is superimposed, in the form of augmented reality, into the field of vision of the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY E WAGGLE, JR whose telephone number is (571)270-7110. The examiner can normally be reached TEAP: Monday - Friday (7:45am - 3:45pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY E WAGGLE, JR/Primary Examiner, Art Unit 3775
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