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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 1, 11-12, 14, 16 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 112353383 A to Wu.
Claim 1. (Original) Wu teaches An evaluation device that evaluates a shape of a foot of a subject, [Abstract] method of foot shape and foot type scanner; the detection method of foot shape comprises
the evaluation device comprising: a memory that stores three-dimensional data of the shape of the foot of the subject measured by a measurement device; [Abstract] performing three-dimensional modeling to the image, obtaining the three-dimensional model of the foot
and a processor that computes an index value specifying the shape of the foot from the three-dimensional data read from the memory, [page 2] calculating the length H1 of the straight line L2 in the footprint profile (understood to be storage/memory); calculating the length H2 of the straight line L2 in the integral profile; calculating the ratio of H1 and H2; detecting the flat condition of the foot arch.
Further, the flat condition of the arch judging standard is as follows:
when H1: H2 is 1: 2, the arch is normal;
when H1: H2 is 1: 1 or 2: 1, is mild flat foot;
when H1: H2 is 3: 0, is severe flat foot;
wherein the processor is configured to compute, from the three-dimensional data, at least one index value among an index value related to a frontal plane of the foot, an index value related to a sagittal plane of the foot, and an index value related to a horizontal plane of the foot, [page 1] acquiring a contour map of a sole (understood to be horizontal plane) and a front view of a heel (understood to be frontal plane) through the three-dimensional model;
the at least one index value being computed as the index value specifying the shape of the foot, [page 6] the ratio of the width of the arch of the foot in the footprint outline to the width of the arch of the overall outline is calculated to obtain the proportion of the width of the bottom surface of the foot contacted with the ground at the arch of the foot when the detected person stands, so that the flat condition of the arch of the foot is judged
and evaluate a flat-foot level of the foot of the subject based on the at least one index value. [page 2] Further, the flat condition of the arch judging standard is as follows:
when H1: H2 is 1: 2, the arch is normal;
when H1: H2 is 1: 1 or 2: 1, is mild flat foot;
when H1: H2 is 3: 0, is severe flat foot;
Claim 11. (Currently Amended) The evaluation device according to claims 1, wherein the processor is configured to classify a shape of an arch of the foot of the subject into one of a plurality of groups based on an evaluation result of the flat-foot level. [page 2] Further, the flat condition of the arch judging standard is as follows:
when H1: H2 is 1: 2, the arch is normal;
when H1: H2 is 1: 1 or 2: 1, is mild flat foot;
when H1: H2 is 3: 0, is severe flat foot;
Claim 12. (Original) The evaluation device according to claim 11, wherein the plurality of groups include at least two of a group indicating a flat foot, a group indicating a cavus foot, and a group indicating a standard foot. [page 2] Further, the flat condition of the arch judging standard is as follows:
when H1: H2 is 1: 2, the arch is normal;
when H1: H2 is 1: 1 or 2: 1, is mild flat foot;
when H1: H2 is 3: 0, is severe flat foot;
Claim 14. (Original) The evaluation device according to claim 1, wherein the processor is configured to compute, from the three-dimensional data, at least two index values among the index value related to the frontal plane of the foot, the index value related to the sagittal plane of the foot, and the index value related to the horizontal plane of the foot, [page 1] acquiring a contour map of a sole (understood to be horizontal plane) and a front view of a heel (understood to be frontal plane) through the three-dimensional model;
and evaluate a flat-foot type of the foot of the subject based on the at least two index values. [page 2] calculating the length H1 of the straight line L2 in the footprint profile; calculating the length H2 of the straight line L2 in the integral profile; calculating the ratio of H1 and H2; detecting the flat condition of the foot arch.
Further, the flat condition of the arch judging standard is as follows:
when H1: H2 is 1: 2, the arch is normal;
when H1: H2 is 1: 1 or 2: 1, is mild flat foot;
when H1: H2 is 3: 0, is severe flat foot;
Claim 16. (Original) The evaluation device according to claim 14, further comprising a display that shows an image indicating the flat-foot level and an image indicating the flat-foot type, wherein the image indicating the flat-foot type includes information about features of the at least two index values. [Abstract] obtaining the image of 360 degrees of the foot; performing three-dimensional modeling to the image
[page 2] calculating the length H1 of the straight line L2 in the footprint profile; calculating the length H2 of the straight line L2 in the integral profile; calculating the ratio of H1 and H2; detecting the flat condition of the foot arch.
Further, the flat condition of the arch judging standard is as follows:
when H1: H2 is 1: 2, the arch is normal;
when H1: H2 is 1: 1 or 2: 1, is mild flat foot;
when H1: H2 is 3: 0, is severe flat foot;
Claim 25. (Original) Reviewed and analyzed in the same way as claim 1. See the above analysis and rationale.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 5, 13, 15, 18 and 20-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 112353383 A to Wu in view of US 2026/0157654 A1 to Engelman and US 2006/0201011 A1 to Katsu et al., hereinafter, “Katsu”.
Claim 2. (Original) Wu fails to explicitly teach wherein the index value related to the sagittal plane includes an arch index value related to an arch of the foot. Engelman, in the field of analyzing a foot in image data teaches The evaluation device according to claim 1, wherein the index value related to the sagittal plane includes an arch index value related to an arch of the foot, [0015] Placing the forefoot in a known posture is advantageous for obtaining a consistent and representative measurement of the arch height index. Such posture is named a plantigrade posture hereinafter. To aid in defining a plantigrade posture, these specification will utilize a plane that will be referred to as a tibial-centric plane.
[0017] FIGS. 1A-1C depict skeletal views of a lower leg 800 and are provided to aid in visualizing the tibia centric plane 810. FIG. 1A depicts a coronal plane view of the lower leg, FIG. 1B is a sagittal plane view of the lower leg, and FIG. 1C is a transverse plane view of the foot.
Wu teaches and a non-arch index value different from the arch index value,
when H1: H2 is 1: 2, the arch is normal; (interpreted to be arch index value)
when H1: H2 is 1: 1 or 2: 1, is mild flat foot; (interpreted to be non-arch index value)
when H1: H2 is 3: 0, is severe flat foot; (interpreted to be non-arch index value)
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Engelman [0008-0009] because there is unmet need for a method for characterization of a foot arch, by uniform measurement of the foot arch height.
Katsu, in the field of analyzing a foot in image data teaches and the processor is configured to compute at least the index value related to the sagittal plane of the foot from the three-dimensional data. [0007] foot inclination angle measuring method of the present invention, it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot.
[0011] The shoe or shoe sock liner selecting method may comprise the steps of: obtaining the rate of arch height of the foot from the three-dimensional data on the measured shape of the foot; and, based on the obtained foot inward/outward inclination angle and the obtained foot arch height rate
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Claim 5. (Currently Amended) Katsu further teaches wherein the arch index value includes an arch height ratio. [0011] The shoe or shoe sock liner selecting method may comprise the steps of: obtaining the rate of arch height of the foot from the three-dimensional data on the measured shape of the foot; and, based on the obtained foot inward/outward inclination angle and the obtained foot arch height rate, selecting a fitting shoe or shoe sock liner for correcting the inward/outward inclination of the foot and for correcting the flatness of the foot.
Claim 13. (Currently Amended) Wu fails to explicitly teach based on the at least one index value, make at least one of proposals of: a shoe for the subject; a shoe last for the subject; a sockliner of the shoe for the subject; foot care for the subject; and training for the subject. Katsu, in the field of analyzing a foot in image data teaches wherein the processor is configured to, based on the at least one index value, make at least one of proposals of: a shoe for the subject; a shoe last for the subject; a sockliner of the shoe for the subject; foot care for the subject; and training for the subject. [0008] provides a shoe or shoe sock liner selecting…
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Claim 15. (Original) Wu fails to explicitly teach the at least two index values include the index value related to the sagittal plane. Katsu, in the field of analyzing a foot in image data teaches wherein the at least two index values include the index value related to the sagittal plane. [0007] foot inclination angle measuring method of the present invention, it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot.
[0011] The shoe or shoe sock liner selecting method may comprise the steps of: obtaining the rate of arch height of the foot from the three-dimensional data on the measured shape of the foot; and, based on the obtained foot inward/outward inclination angle and the obtained foot arch height rate, selecting a fitting shoe or shoe sock liner for correcting the inward/outward inclination of the foot and for correcting the flatness of the foot.
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Engelman teaches [0015] Placing the forefoot in a known posture is advantageous for obtaining a consistent and representative measurement of the arch height index. Such posture is named a plantigrade posture hereinafter. To aid in defining a plantigrade posture, these specification will utilize a plane that will be referred to as a tibial-centric plane.
[0017] FIGS. 1A-1C depict skeletal views of a lower leg 800 and are provided to aid in visualizing the tibia centric plane 810. FIG. 1A depicts a coronal plane view of the lower leg, FIG. 1B is a sagittal plane view of the lower leg, and FIG. 1C is a transverse plane view of the foot.
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Engelman [0008-0009] because there is unmet need for a method for characterization of a foot arch, by uniform measurement of the foot arch height.
Claim 18. (Original) Wu fails to explicitly teach to evaluate the flat-foot level based on whether or not the first value belongs to a first prescribed range, and the first prescribed range is defined based on an ideal value of the first value as a reference. Katsu, in the field of analyzing a foot in image data teaches wherein the at least one index value includes a first value, the processor is configured to evaluate the flat-foot level based on whether or not the first value belongs to a first prescribed range, and the first prescribed range is defined based on an ideal value of the first value as a reference. [0029] The angle of foot inward/outward inclination is an angle a at which a central line C1 of the foot 10 when viewed from the rear (or the front) leans in an inside/outside direction relative to a vertical line V (see FIG. 1(c)). If the inclination angle a falls within a standard-value range, this requires no correction. On the other hand, if the inclination angle a goes beyond the standard-value range, this requires correction.
[0030] The foot arch height rate is a value derived from dividing the height (H) of a part P which is a most outwardly bulged portion of a navicular bone 20 by the length (A) of the foot 10 (see FIGS. 1(a) and 1(b)). If the arch height rate (H/A) falls within a standard-value range, this requires no correction. If the arch height rate (H/A) falls below the standard-value range, the foot 10 is decided as a flat foot, and correction is required. On the other hand, if the arch height rate (H/A) goes beyond the standard-value range, the foot 10 is decided as a high arch, and correction is required.
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Claim 20. (Original) Wu fails to explicitly teach the at least one index value includes a second value, the processor is configured to evaluate the flat-foot level based on whether or not the second value belongs to a second prescribed range, and the second prescribed range is defined based on, as a reference, an average value of the second values in a prescribed population. Katsu, in the field of analyzing a foot in image data teaches wherein the at least one index value includes a second value, the processor is configured to evaluate the flat-foot level based on whether or not the second value belongs to a second prescribed range, and the second prescribed range is defined based on, as a reference, an average value of the second values in a prescribed population. [0029-0030]
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Claim 21. (Original) Wu fails to explicitly teach the second value includes at least one of: the index value related to the frontal plane; and the index value related to the horizontal plane. Katsu, in the field of analyzing a foot in image data teaches wherein the second value includes at least one of: the index value related to the frontal plane; and the index value related to the horizontal plane. [0029-0030]
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Claim 22. (Original) Wu fails to explicitly teach the at least one index value includes a third value, the processor is configured to evaluate the flat-foot level based on whether or not the third value belongs to a third prescribed range, and the third prescribed range is defined based on, as a reference, a cutoff value of the third value in a prescribed population. Katsu, in the field of analyzing a foot in image data teaches wherein the at least one index value includes a third value, the processor is configured to evaluate the flat-foot level based on whether or not the third value belongs to a third prescribed range, and the third prescribed range is defined based on, as a reference, a cutoff value of the third value in a prescribed population. [0029-0030]
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Claim 23. (Original) Wu fails to explicitly teach the third value includes at least one value included in the index value related to the sagittal plane. Katsu, in the field to analyzing a foot in image data teaches wherein the third value includes at least one value included in the index value related to the sagittal plane. [0029-0030]
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Katsu [0007] it is arranged that the angle of inclination of a foot is obtained from a cross section of the foot which is obtained based on three-dimensional data on the shape of the foot. Such arrangement makes it possible to objectively obtain the angle of inclination of a foot. In addition, the angle of inclination of a foot is obtained with high reproducibility, without requiring skill.
Claim(s) 17 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 112353383 A to Wu in view of Analysis of skeletal characteristics of flat feet using three-dimensional foot scanner and digital footprint to Yamashita et al., hereinafter, “Yamashita”.
Claim 17. (Original) Wu fails to explicitly teach specify a first index value score about the index value related to the sagittal plane of the foot, and a second index value score about at least one index value among the index value related to the frontal plane of the foot and the index value related to the horizontal plane of the foot, and evaluate the flat-foot level with a weight placed more on the first index value score than on the second index value score. Yamashita, in the field of analyzing a foot in image data teaches wherein the processor is configured to specify a first index value score about the index value related to the sagittal plane of the foot, and a second index value score about at least one index value among the index value related to the frontal plane of the foot and the index value related to the horizontal plane of the foot, and evaluate the flat-foot level with a weight placed more on the first index value score than on the second index value score. [Abstract] Results: The CSI and SI were highly correlated with the instep height (IH) and navicular height (NH) of the 3D foot scanning system and were also derived from multiple regression analysis. In addition to the NH and IH, the indicators of the forefoot, trans verse arch width, and transverse arch height were considered. In the flat foot group with CSI values above 62.7%, NH was 13.5% (p < 0.001) for males and 14.9% (p = 0.01) for females, and the axis of the bone distance was 5.3% (p = 0.05) for males and 4.9% (p = 0.10) for females. In particular, for CSI values above 62.7% and NH values below 13%, the axis of the bone distance was large and the foot skeleton was deformed.
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Yamashita [Introduction] for evaluating the shape of the foot without the use of special expensive equipment.
Claim 24. (Original) Wu fails to explicitly teach wherein the memory is configured to store range information in which a prescribed range corresponding to the at least one index value is defined in association with each attribute of the subject, and the processor is configured to acquire the attribute of the subject, refer to the range information to specify the prescribed range corresponding to the acquired attribute and corresponding to the at least one index value, and evaluate the flat-foot level based on whether or not the at least one index value belongs to the specified prescribed range. Yamashita teaches wherein the memory is configured to store range information in which a prescribed range corresponding to the at least one index value is defined in association with each attribute of the subject, and the processor is configured to acquire the attribute of the subject, refer to the range information to specify the prescribed range corresponding to the acquired attribute and corresponding to the at least one index value, and evaluate the flat-foot level based on whether or not the at least one index value belongs to the specified prescribed range. [Abstract] Results
Thus, before the effective filing date of the present application, it would have been obvious to one of ordinary skill in the art to combine the teachings of Wu with the teachings of Yamashita [Introduction] for evaluating the shape of the foot without the use of special expensive equipment.
Allowable Subject Matter
Claims 3-4, 6-10 and 19 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 prior art search fails to explicitly teach “total angle of: an angle formed between a straight line formed by a front portion of an arch line of the foot and a horizontal line of the foot; and an angle formed between a straight line formed by a rear portion of the arch line and the horizontal line of the foot”, “the index value related to the horizontal plane of the foot includes a rearfoot portion angle formed between a center line of an entirety of the foot and a center line of a rearfoot portion of the foot”, “a total angle of: an angle formed between the center line of the entirety of the foot and a center line of a forefoot portion of the foot; and the rearfoot portion angle”, “the index value related to the horizontal plane of the foot includes an area of a portion located on a medial side of the foot from a straight line connecting a contour point indicating a heel width of the foot and a contour point of a midfoot portion of the foot in a plan view along the horizontal plane of the foot”, “the index value related to the frontal plane of the foot includes an angle formed between a vertical axis of the foot and a heel midline of the foot”, “the index value related to the frontal plane of the foot includes an angle formed between a leg axis of the foot and a heel midline of the foot”, and “as the index value related to the horizontal plane, an area of a portion located on a medial side of the foot from a straight line connecting a contour point indicating a heel width of the foot and a contour point of a midfoot portion of the foot in a plan view along the horizontal plane of the foot”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DELOMIA L GILLIARD whose telephone number is (571)272-1681. The examiner can normally be reached 8am-5pm.
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/DELOMIA L GILLIARD/Primary Examiner, Art Unit 2661
