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 .
DETAILED ACTION
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 1-2, 4, 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over McPoil et al. (Arch height change during sit-to-stand: an alternative for the navicular drop test (provided in IDS)).
Addressing claim 1, McPoil discloses a method comprising:
capturing, via an image device associated with a user device, first image data of a portion of a human body in a first state and second image data of the portion of the human body in a second state, the first state different than the second state (see abstract);
determining, based at least in part on the first image data, a first metric associated with the portion of the human body while the portion is in the first state (see abstract; dorsal arch heigh metric);
determining, based at least in part on the second image data, a second metric
associated with the portion of the human body while the portion is in the second state (see abstract; dorsal arch heigh metric);
determining, based at least in part on the first metric and the second metric, a third metric associated with the change in state of the portion of the human body (see page 1 and 4; the third metric result from subtraction between the first two metric; arch height different is the third metric).
outputting the third metric (see page 6; the third metric on the statistical chart Table 1 is obviously outputting the third metric).
Addressing claims 2 and 4, McPoil discloses:
Addressing claim 2, wherein: the portion of the human body is at least one foot;
the first state is in a non-load bearing state; and the second state is in a load bearing state (see abstract).
Addressing claim 4, wherein: the third metric is value representative of a navicular drop of an arch of the foot (see page 4; subtract to get the arch height different is navicular drop).
5. Addressing claims 15-17 and 20, obvious to one of ordinary skill in the art at the time of the invention the method is perform by human and computer to process images and perform measurements therefore involve a system and a non-transitory computer-readable media therefore claims 15 and 17 are being rejected for the same reason as claims 1 and 4. In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) (Appellant argued that claims to a permanent mold casting apparatus for molding trunk pistons were allowable over the prior art because the claimed invention combined “old permanent-mold structures together with a timer and solenoid which automatically actuates the known pressure valve system to release the inner core after a predetermined time has elapsed.” The court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.). Measurement done by hand or automated by computer hardware and software is held by the court to be obvious. The digital camera is the sensor. The first and second sensor data are image data from digital camera.
Claims 3, 12-14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over McPoil et al. (Arch height change during sit-to-stand: an alternative for the navicular drop test (provided in IDS)) and in view of Wang et al. (US 2024/0138523).
7. Addressing claims 3, 12-14 and 18, McPoil does not disclose further comprising: three-dimensional model of the portion of the human body using image data and machine learning. Wang discloses three-dimensional model of the portion of the human body (foot) using image data and machine learning (see abstract, [0053-0057], [0065], [0123], [0125], [0135] and Fig. 5, step 510; machine learning is training on data on foot, with and without load and data of various demographic). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McPoil to generate 3d model of the foot as taught by Wang because allow for analysis and determination of foot shape attribute (see Fig. 5, step 520).
Claims 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over McPoil et al. (Arch height change during sit-to-stand: an alternative for the navicular drop test (provided in IDS)), in view of Rogati et al. (Semi-automatic measurements of foot morphological parameters from 3D plantar foot scans (provided in the IDS)) and further in view of Korea Inst Sci & Tech (KR 101803292 (provided in the IDS)).
Addressing claims 5-11, McPoil discloses wherein the threshold distance is at least one of the following: approximately 1.5 centimeters; or approximately 1.0 centimeters (see page 6, result section and the Table 1; mean of 1 cm). McPoil does not disclose detecting a first ground plane associated with the first three-dimensional model; filtering mesh points associated with the first three-dimensional model within a threshold distance from the first ground plane to generate a first set of remaining mesh points; determining, based at least in part on the first set of remaining mesh points and the first ground plane, a first footprint associated with the foot in the non-load bearing state; determining, based at least in part on the first three-dimensional model, a first convex hull associated with the foot in the non-load bearing state; and determining, based at least in part on the first footprint and the first convex hull, a medial border line of the foot in the non-load bearing state; detecting a second ground plane associated with the second three-dimensional model; filtering mesh points associated with the second three-dimensional model within the threshold distance from the second ground plane to generate a second set of remaining mesh points; determining, based at least in part on the second set of remaining mesh points and the second ground plane, a second footprint associated with the foot in the load bearing state; determining, based at least in part on the second three-dimensional model, a second convex hull associated with the foot in the load bearing state; and determining, based at least in part on the second footprint and the second convex hull, a medial border line of the foot in the load bearing state; wherein detecting the first ground plane is associated with a first technique and detecting the second ground plane is associated with a second technique different than the first technique; determining the first footprint associated with the foot in the non-load bearing state further comprises projecting the first set of mesh points onto the first ground plane; wherein determining the second footprint associated with the foot in the load bearing state further comprises projecting the second set of mesh points onto the second ground plane; determining a first intersection point by projecting the medial border line of the foot in the non-load bearing state onto the first three-dimensional model; determining a mid-point of the medial border line of the foot in the non-load bearing state; determining a first distance between the first intersection point and the mid-point of the medial border line of the foot in the non-load bearing state, the first distance being the first metric; determining a second intersection point by projecting the medial border line of the foot in the load bearing state onto the second three-dimensional model; determining a mid-point of the medial border line of the foot in the load bearing state; determining a second distance between the second intersection point and the mid-point of the medial border line of the foot in the load bearing state, the second distance being the second metric; and determining a difference between the first distance and the second distance. Rogati discloses detecting a ground plane associated with the three-dimensional model (see pages 3-4); filtering mesh points associated with the three-dimensional model to generate a set of remaining mesh points (see Figs. 3 and 5; generate 3D mapping of the foot after filtering); determining, based at least in part on the set of remaining mesh points and the ground plane (see pages 3-4, 3d mapping then analysis of the plantar foot surface; McPoil explicitly discloses the foot in the non-load bearing and load bearing state); wherein detecting the first ground plane is associated with a first technique and detecting the second ground plane is associated with a second technique different than the first technique (see pages 3-4 and Fig. 3; using different technique only require routine skill in the art and it is a designer choice); determining the footprint associated with the foot further comprises projecting the set of mesh points onto the ground plane (see page 3 and Fig. 3; McPoil explicitly discloses the foot in the non-load bearing and load bearing state). KR 101803292 discloses within a threshold distance from the ground plane; determining, based at least in part on the three-dimensional model, a convex hull associated with the foot and determining, based at least in part on the footprint and the convex hull, a medial border line of the foot (see pages 4-5, Figs. 1B, 4A-B, 8A-B; convex hull algorithm determine first convex hull from 3-d foot image/model; determine/define medial border line base on depth and length of foot image/model (MBL); McPoil explicitly discloses the foot in the non-load bearing and load bearing state); determining a intersection point by projecting the medial border line of the foot onto the three-dimensional model (see pages 4-5, Figs. 8A-B and 9); determining a mid-point of the medial border line of the foot (see pages 4-5, Figs. 8A-B and 9); determining a distance between the intersection point and the mid-point of the medial border line of the foot, the distance being the metric (see pages 4-5, Figs. 8A-B and 9); determining a difference between the first distance and the second distance (see pages 4-5, Figs. 8A-B and 9; McPoil discloses non-load and load bearing state; McPoil discloses determine the first and second distance and determine the different in measurement (distance) between non-load and load bearing state; KR 101803292 disclose determining a distance between the intersection point and the mid-point of the medial border line of the foot therefore McPoil in view of KR 101803292 determine determining a distance between the intersection point and the mid-point of the medial border line of the foot and then determine the different between the first (non-load state) and second distance (load bearing state)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McPoil to have detecting a first ground plane associated with the first three-dimensional model; filtering mesh points associated with the first three-dimensional model within a threshold distance from the first ground plane to generate a first set of remaining mesh points; determining, based at least in part on the first set of remaining mesh points and the first ground plane, a first footprint associated with the foot in the non-load bearing state; determining, based at least in part on the first three-dimensional model, a first convex hull associated with the foot in the non-load bearing state; and determining, based at least in part on the first footprint and the first convex hull, a medial border line of the foot in the non-load bearing state; detecting a second ground plane associated with the second three-dimensional model; filtering mesh points associated with the second three-dimensional model within the threshold distance from the second ground plane to generate a second set of remaining mesh points; determining, based at least in part on the second set of remaining mesh points and the second ground plane, a second footprint associated with the foot in the load bearing state; determining, based at least in part on the second three-dimensional model, a second convex hull associated with the foot in the load bearing state; and determining, based at least in part on the second footprint and the second convex hull, a medial border line of the foot in the load bearing state; wherein detecting the first ground plane is associated with a first technique and detecting the second ground plane is associated with a second technique different than the first technique; determining the first footprint associated with the foot in the non-load bearing state further comprises projecting the first set of mesh points onto the first ground plane; wherein determining the second footprint associated with the foot in the load bearing state further comprises projecting the second set of mesh points onto the second ground plane; determining a first intersection point by projecting the medial border line of the foot in the non-load bearing state onto the first three-dimensional model; determining a mid-point of the medial border line of the foot in the non-load bearing state; determining a first distance between the first intersection point and the mid-point of the medial border line of the foot in the non-load bearing state, the first distance being the first metric; determining a second intersection point by projecting the medial border line of the foot in the load bearing state onto the second three-dimensional model; determining a mid-point of the medial border line of the foot in the load bearing state; determining a second distance between the second intersection point and the mid-point of the medial border line of the foot in the load bearing state, the second distance being the second metric; and determining a difference between the first distance and the second distance as taught by Rogati and KR 101803292 because for better measurement, analysis, assess foot to provide treatment and manufacture of foot support equipment (see Rogati and KR 101803292 abstracts).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over McPoil et al. (Arch height change during sit-to-stand: an alternative for the navicular drop test (provided in IDS)) and in view of Lam et al. (US 2018/0033202 (provided in the IDS)).
Addressing claim 19, McPoil does not disclose wherein: the system is a cloud-based system that is remote from a user equipment; and first sensor data and the second sensor data is received from the user equipment. Lam discloses the system is a cloud-based system that is remote from a user equipment; and first sensor data and the second sensor data is received from the user equipment (see [0035-0039]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McPoil to have wherein: the system is a cloud-based system that is remote from a user equipment; and first sensor data and the second sensor data is received from the user equipment as taught by Lam because it allow foot measurement (virtual fitting) at a very low cost (see [0035]).
Conclusion
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights