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 .
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the back", “the collected pressure”, “the standing posture”, “the control”, “the user”, “the scoliosis recognition”, “the scan progress”. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the same", “the center”, “the pre-processed pressure”, “the standing posture”, “the user”, “the feedback information”. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the pre- processed pressure", “the center”, “the two foot”, “the following formula”, “the left”, “the pressure value”, “the ith”, “the left foot”, “the plane”, “the number”, “the coordinate”, “the right foot”, “the jth”, “the right foot”, “the two foot”, “the contact area”, “the pressure distribution symmetry score”, “the requirements”. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “the echo”, “the received”, “the same”, “the back”, “the human”, “the back key point”, “the depth”, “the 3D”, “the spine”, “the diagnosis”, “the calculated”, “the spine”, “the scoliosis recognition”, “the bilateral”, “the cobb”, “the severity”, “the corresponding”. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “the steps”, “the system”, “the user”, “the foot-type”, “the standing posture”, “the standard”, “the back”, “the human”, “the scoliosis recognition”, “the diagnosis”, “the medical”, “the treatment”. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation “the standing posture”, “the user”, “the same”, “the center”, “the positions”, “the heel/the arch/the forefoot”. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation “the echo”, “the scoliosis recognition result”, “the received echo”, “the same”, “the back” “the human body”, “the back key”, “the depth learning”, “the 3d data”, “the spine contour”, “the calculated Cobb angle”, “the bilateral acromion”, “the severity range”, “the corresponding medical suggestions”. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “the 3D”, “the back”, “the human body”, “the spine contour”, “the active contour”, “the internal energy”, “the smoothness”, “the curve”, “the external energy”, “the initial curve”, “the edge”, “the gradient size”, “the image gradient”, “the initial curve position”, “the gradient”, “the energy function”, “the real spine contour”, “the reduction”, “the energy function”, “the number”, “the iteration”, “the preliminary curve”, “the fitting curve”, “the cubic B-spline curve”. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 contains the trademark/trade name “BlazePoze”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a depth learning algorithm and, accordingly, the identification/description is indefinite.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASMEEN S WARSI whose telephone number is (571)272-9942. The examiner can normally be reached Monday-Friday 9 am to 5 pm.
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/YASMEEN S WARSI/Examiner, Art Unit 3791
/MAY A ABOUELELA/Primary Examiner, Art Unit 3791
