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 1-3, 5, 9-10, 15-19, 21, 24, 26, 30-32, 34-35, 38, as filed on 09/08/2025, are currently pending and considered below.
Specification
The listing of references (Paragraph 3) in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed on 08/24/2023. It is noted, however, that applicant has not filed a certified copy of the PCT/IB2023/058410 application as required by 37 CFR 1.55.
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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 15 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.
Claim 15 recites: “wherein said stationary anchor point moves only up to 10 millimeters”. The claim is rendered indefinite as there is no antecedent basis for stationary anchor point within the claims and it is unclear how something can be considered stationary and move up to 10 millimeters or if the stationary anchor point is required to move up to 10 millimeters or is capable of not moving at all.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 19 is dependent on canceled claim 6. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-3, 9-10, 15-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190159714 A1 (Nagasu) in view of US 20160067136 A1 (Raghavan).
Regarding Independent Claim 1, Nagasu discloses a device for providing dexterous hand function assessment and therapy (Figures 1-3), comprising:
a first portion of flexible material (grip part element 12, Figure 1) forming a cavity (“sealing member 13 and 16 that seal both ends of the grip part 12 and form a deformable sealed space surrounded by the grip part 12” Paragraph 14);
a second portion of non-flexible material (top and bottom caps/seals 13, 16; see Figure 3 for structures being non-flexible material); a plurality of electronics coupled to the second portion (wiring board 23 disposed in top cap 16 with battery terminals 25 and battery 24); and
wherein a portion of an edge of the first portion is configured to create a partial seal with at least a portion of an edge of the second portion, such that said cavity is partially sealed (“both ends of the grip part are respectively pressed against the flanges 11A and 11A by the sealing member 13 and 16 so that the grip part 12 is sealed by the sealing member” Paragraph 15; said caps are configured to attach to edges of the grip part element forming the cavity therein and partially sealed);
said plurality of electronics comprises a pressure sensor (pressure sensor 28, Figure 3B), a wireless transceiver, and a power storage unit (battery 24);
said electronics are located within said cavity (see Figure 3 wherein the electronics are within the cavity formed);
and said partial seal is non-hermetic (“an umbrella valve 21 is provided on the side of the sealed space 18 in the through-hole 11B, so that the leakage of air can be prevented for a long period of time while preventing an abrupt inflow/outflow of atmosphere with respect to the sealed space 18” Paragraph 40; said air leakage occurs over a long period of time and thus is non-hermetic);
wherein said electronics are anchored to said second portion within said cavity, through a stationary and non-deformable anchor point in the second portion (cylindrical outer cap 35; said electrics board 23 is within the cap 16 and cap 35 within the cavity).
Nagasu discloses the invention as substantially claimed, see above. Nagasu does not disclose wherein the plurality of electronics comprises a wireless transceiver.
Bromm teaches an analogous hand therapy device in the same field of endeavor comprising:
A device for providing dexterous hand function assessment and therapy (Abstract) wherein the device comprises electronic components comprising a wireless transmitter (interface connection 13; “connection may be provided by a wirebound connection 15a or a wireless connection as will be described in FIG. 4B” Paragraph 72; and “A wireless transmission may be achieved by Bluetooth or a wireless local area network for example” Paragraph 15).
It would have been obvious for one skilled in the art at the time of filing to modify the electronics with a wireless transceiver, as taught by Bromm, in order to allow for “[transference] via a long distance, for example to the physician which can analyze this generated data in order to evaluate and establish a clinical picture of the patient.” (Paragraph 15).
Regarding Claim 2, Nagasu as modified further discloses the device of claim 1, wherein the first portion comprises a graphical component (display unit 7) to enable position and orientation tracking of the device (display unit 7 is capable of displaying position and orientation tracking).
Regarding Claim 3, Nagasu discloses the invention as substantially claimed, see above. Nagasu further discloses an active marker (Circular shapes 7C-7M) to enable position and orientation tracking of the device (Circularly arranged lights 7C-7M are capable of providing positional and orientation tracking via a user tracking the position and orientation of the lights to determine location of the entire device); and a third portion through which the active marker is visible (cap 3 is formed of a transparent material and allows for visual sight of lights 7C-7M within the cap).
Regarding Claim 9, Nagasu as modified further discloses the device of claim 1, wherein said electronics are anchored to a PCB board (See Figure 8 wherein the electronics are anchored onto wiring board 23 in the form of a PCB).
Regarding Claim 10, Nagasu as modified further discloses the device of claim 1, wherein said first portion of flexible material comprises a material selected from the group consisting of: silicone and another flexible polymer (“grip part 12 is formed in a cylindrical shape by a flexible material such as silicon resin” Paragraph 39; silicon resin is silicon in an oligosiloxane polymer);
wherein said second portion of non-flexible material comprises a sufficiently flat facet such that the device can rest upon said facet (top of cap 35 which is sufficiently flat enough for the device to balance upon); and said non-flexible material of said second portion does not deform under the weight of the device when the device is resting on said facet (said cap 35 is formed of a transparent resin and does not deform under a weight of the device;
wherein said first portion of flexible material is adapted to be manipulated by a hand to receive applied force (grip part 12 is configured to be gripped); and wherein measurements of said applied force are not captured through said second portion (said grip measurements are captured by the pressure sensor measuring pressure within the grip part 12 and not the caps).
Regarding Claim 15, Nagasu as modified further discloses the device of claim 1, wherein said electronics are anchored to said second portion through a PCB (wiring board 23; see Figures 3 and 8 wherein the electronics are attached to the wiring board 23, considered a PCB board, and placed inside the caps);
wherein said wireless transceiver uses at least one of a Bluetooth, cellular data, or RFID wireless system (“Bluetooth”: Paragraph 15; Bromm); and wherein a stationary anchor point (display 7) moves only up to 10 millimeters (in as much as applicant has described the display 7 does not move).
Regarding Claim 16, Nagasu as modified further discloses the device of claim 1, further comprising a valve (valve 21) to allow the air pressure on the interior of the device to adjust to equilibrium with ambient air pressure (“an umbrella valve 21 is provided on the side of the sealed space 18 in the through-hole 11B, so that the leakage of air can be prevented for a long period of time while preventing an abrupt inflow/outflow of atmosphere with respect to the sealed space 18” Paragraph 40; said valve allows for long form airflow to equalize with atmospheric pressure).
Regarding Claim 17, Nagasu as modified further discloses the device of claim 16, wherein said valve is located in said second portion (see Figure 3 wherein half of valve 21 is formed in part 12).
Regarding Claim 18, Nagasu as modified further discloses the device of claim 16, wherein said valve is located in said first portion (see Figure 3 wherein said valve 21 is partially formed inside the cap 13).
Regarding Claim 21, Nagasu as modified further discloses the device of claim 16, wherein said valve is activated to equalize internal pressure of the device with ambient pressure (said valve 21 allows for atmospheric air to enter into the chamber allowing for equalization of pressure).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190159714 A1 (Nagasu) in view of US 20160067136 A1 (Raghavan) in view of US 20070087901 A1 (Brassil et al; henceforth Brassil).
Regarding Claim 5, Nagasu as modified discloses the invention as substantially claimed, see above. Nagasu further discloses wherein said pressure sensor comprises a barometric pressure sensor within said cavity for measuring pressure within said cavity (“the pressure sensor 28 based on the detected pressure, and displays the pressure detected in the sealed space as the reference grip strength“ Paragraph 20; said pressure sensor 28 is a barometric pressure sensor by measuring the air pressure detected within the sealed space).
Nagasu does not disclose wherein said electronics further comprise one or more inertial measurement units (IMU) and a memory storage device; further comprising a temperature sensor; wherein temperature data from said temperature sensor and pressure data from said pressure sensor are transmitted from the device through said wireless transceiver for determination of an external force applied to said first portion of flexible material.
Raghavan teaches an analogous hand function device in the same field of endeavor comprising:
A first portion of flexible materials (foam cylinder, Paragraph 63, Figure 6A); one inertial measurement units (inertial measurement unite (IMU); “to provide inertial information, such as gyroscopic, accelerometer, and magnetometer information” Paragraph 57) and a memory unit (memory 160, Figure 10) It would have been obvious for one skilled in the art at the time of filing to modify the electronic board with a inertial measurement unit in order to provide gyroscopic, accelerometer, and magnetometer information for patient information collection and a memory unit in order to provide storage for data for a future date.
Nagasu as modified does not disclose a temperature sensor; wherein temperature data from said temperature sensor and pressure data from said pressure sensor are transmitted from the device through said wireless transceiver for determination of an external force applied to said first portion of flexible material.
Brassil teaches an analogous hand therapy device in the same field of endeavor comprising:
A temperature sensor (thermal transducer 622). It would have been obvious for one skilled in the art at the time of filing to modify the electronic sensors to include a temperature thermal transducer in order to provide calorimetric estimate of work and enhance a patient’s therapy (“providing a calorimetric estimate of work. This feedback can be used as simple and expensive way to measure the progress, and enhance a patient's therapy” Paragraph 37).
Nagasu as modified further discloses wherein temperature data from said temperature sensor and pressure data from said pressure sensor are transmitted from the device through said wireless transceiver for determination of an external force (“maximum grip strength” applied to said first portion of flexible material (“analyze this generated data in order to evaluate and establish a clinical picture of the patient.” Paragraph 15: Bromm and “maximum grip strength detected by the pressure sensor 28” Abstract; said data which includes the temperature and pressure data and grip strength is transmitted and evaluated).
Allowable Subject Matter
Claims 24, 26, 30-32, 34-35, and 38 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:
Regarding Claim 24, the prior art of record US 20190159714 A1 (Nagasu) in view of US 20160067136 A1 (Raghavan) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
a base station comprising a battery charging component, the battery charging component including a cooling system; and wherein an applied force to the device is determined by said external computational device according to the pressure and the temperature data.
The prior art of record teaches internal batteries and internal computing device, which are not considered equivalent to applicant’s invention as the device does not comprise a base station nor an external computational device. It would not have been obvious for one skilled in the art at the time of filing to modify the batteries and computing device to be located outside of the device without improper hindsight.
Regarding Claim 35, the prior art of record US 20190159714 A1 (Nagasu) in view of US 20160067136 A1 (Raghavan) fails to teach or render obvious the device in combination with all of the elements and structural and functional relationships as claimed and further including:
determining an external force applied to the hand device at said first portion to at least the first portion according to the temperature data and the pressure data.
The prior art of record teaches a method for the assessment and therapy of dexterous hand function (Figure 5), comprising:
establishing a connection with a hand device in a system according to any of the above claims (see Claim 1 rejection above);
establishing a hand selection assigned to the hand device (dominant hand, step SP2);
receiving a first pressure measurement of the interior of the hand device (maximum grip strength value of dominant hand, step SP2); and sending an instruction to an idle pressure controller (control unit 31) indicating the pressure measurement is a baseline (as measured against as shown in step SP5);
wherein said pressure measurement comprises barometric pressure (“ valve 21 is provided on the side of the sealed space 18 in the through-hole 11B, so that the leakage of air can be prevented for a long period of time while preventing an abrupt inflow/outflow of atmosphere with respect to the sealed space 18” Paragraph 40; said valve allows for long time flow regulation with atmospheric pressure making the pressure measurements comprise partially barometric pressure) which is not equivalent to applicants invention as the external force is not based partially on temperature data. It would not have been obvious for one skilled in the art at the time of filing to modify the method to include the step of including temperature in determining the external force without improper hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached Monday - Thursday 8:00am - 4:00pm EST.
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/ZACHARY T MOORE/Examiner, Art Unit 3784
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