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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph [0002], the PCT information should be set forth.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “composition estimator” in claims 17 and 19 with specification support in published [0038].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 12 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.
In claim 1, line 4, it is unclear how the 3D scanner is “coupled to the 3D body scanner”.
In claim 1, line 6, it appears ‘the’ should be added after ‘generate’.
In claim 12, lines 2-3, ‘the 3D body scanner’ lacks antecedence.
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 6-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by El-Sallam et al (US Pub 2022/0087533 -cited by applicant).
Re claims 6, 10: El-Sallam discloses a regional body composition estimator apparatus and corresponding method, comprising:
regional body composition estimator having: a memory; and a processor, coupled to the memory [0159; see the processor and memory], configured to:
receive one or more anatomical subregion geometries and associated regional body compartment mass values from the memory [0280-0287; see the segmenting into subregions including arms, legs, head, and trunk, which include compartment mass values],
iteratively fit a predictive model to the regional body compartment mass values using combinations of subregion groupings as inputs [0288, figures 8, 9; see the model outputs body composition estimates which is a fitting of mass values via the ML/AL model], and
determine the combination of subregion groupings having a best fit [0289, 0290; see the most accurate output which is a best fit for the subregions applied to the model].
Re claims 7, 11: The processor further configured to store the combination of subregion groupings having the best fit in the memory/storage [0279; see the database that stores the groupings].
Re claim 8: The memory and the processor of the regional body composition estimator apparatus reside within a body scanner that generates the one or more anatomical subregion geometries and associated regional body compartment mass values [0181, figure 2; see the 3D shape scanner that includes the estimator].
Re claim 9: At least one or more of the memory and the processor of the regional body composition estimator apparatus reside within a computing device or where at least one or more of the memory and the processor reside within a distributed computing environment (figure 2; see the distributed computing environment for the scanner and cloud processing that is performed].
Re claim 12: The method includes generating the one or more anatomical subregion geometries based, at least in part, on a surface mesh received from the 3D body scanner [0252; see the meshes that are received and used to generate the subregions].
Claims 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moore et al (US Pub 2014/0340479 -cited by applicant).
Re claim 13: Moore discloses a method, comprising:
generating one or more anatomical subregion geometries based, at least in part, on a surface mesh [0031, 0035, 0042-0045, 0047-0049; see the 3D body scanner and segmental area body composition projection system coupled to the scanner, wherein segmental body sections/shapes are generated];
producing regional composition estimates by processing the subregion geometries by weights [0035, 0045, 0047-0051, 0062; see the sectional body segment composition projections calculating the geometries using weights]; and
producing an individual body composition from the regional composition estimates [0035, 0045-0051, 0061, 0062; see the personal body composition from the estimates].
Re claims 14, 17: The processing the subregion geometries includes multiplying subregion geometry combinations [0050-0052, 0062; see the proportional weighted calculation equations analyzing segmental totals].
Re claims 15, 16: The surface mesh received from and generated by a three-dimensional (3D) body scanner [0035, 0038, 0042-0044, 0047-0050, 0056; see the segments using a surface mesh from the 3D scanner].
Re claim 18: Summing the regional composition estimates produces the individual body composition [0050, 0051, 0062; the composition calculated using whole totals/averages (summing) of the estimates].
Re claim 19: A regional body composition estimator retrieving the weights used to process the subregion geometries from a memory [0033, 0034, 0050, 0051, 0062; see the memory accessing weight data].
Re claim 20: The individual body composition includes an estimate of at least one of fat, lean, and bone mineral content as a portion of total body mass [0049-0051; see the fat, muscle, and lean composition].
Claim Rejections - 35 USC § 103
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over El-Sallam et al (US Pub 2022/0087533 -cited by applicant), as applied to claim 6, in view of Moore et al (US Pub 2014/0340479 -cited by applicant).
Re claims 1-5: El-Sallam discloses all features except for the processor further configured to: generate one or more anatomical subregion geometries based, at least in part, on a surface mesh received from the 3D body scanner, produce regional composition estimates by processing the subregion geometries by weights, produce an individual body composition from the regional composition estimates, wherein the individual body composition includes an estimate of at least one of fat, lean, and bone mineral content as a portion of total body mass, multiplying subregion geometry combinations, and summing the regional composition estimates. However, Moore teaches processor further configured to: generate one or more anatomical subregion geometries based, at least in part, on a surface mesh received from the 3D body scanner, produce regional composition estimates by processing the subregion geometries by weights, and produce an individual body composition from the regional composition estimates [0031, 0035, 0042-0045, 0047-0051, 0062; see the 3D body scanner and segmental area body composition projection system coupled to the scanner, wherein segmental body sections/shapes are generated, wherein the sectional body segment composition projections calculating the geometries using weights received from a memory, and wherein the personal body composition from the estimates]. Furthermore, Moore teaches the individual body composition includes an estimate of at least one of fat, lean, and bone mineral content as a portion of total body mass, multiplying subregion geometry combinations, and summing the regional composition estimates [0049-0052, 0062; see the fat, muscle, and lean composition; see the proportional weighted calculation equations analyzing segmental totals; and see the composition calculated using whole totals/averages (summing) of the estimates]. It would have been obvious to the skilled artisan to modify El-Sallam, to produce estimates by weights and body composition as taught by Moore, in order to improve accuracy of the measurements [0004 of Moore].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T ROZANSKI whose telephone number is (571)272-1648. The examiner can normally be reached Mon - Fri 8:00-4:00.
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/MICHAEL T ROZANSKI/Primary Examiner, Art Unit 3797
