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
Notice to Applicant
In response to the communication received on 04/21/2025, the following is a Non-Final Office Action for Application No. 19184175.
Status of Claims
Claims 1-20 are pending.
Drawings
The applicant’s drawings submitted on 04/21/2025 are acceptable for examination purposes.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted 07/02/2025 has been acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
As required by M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority based on: 19184175 filed 04/21/2025 is a Continuation of 18390933 , filed 12/20/2023 ,now U.S. Patent # 12295705; 18390933 is a Divisional of 16556924 , filed 08/30/2019 ,now U.S. Patent # 11903679 and having 1 RCE-type filing therein.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. US 12295705 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because: referring to MPEP 804 II.B.2. Anticipation Analysis, “The claim under examination is not patentably distinct from the reference claim(s) if the claim under examination is anticipated by the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 1052, 29 USPQ2d 2010, 2015-16 (Fed. Cir. 1993). This type of nonstatutory double patenting situation arises when the claim being examined is, for example, generic to a species or sub-genus claimed in a conflicting patent or application, i.e., the entire scope of the reference claim falls within the scope of the examined claim.” Here, claim under examination is anticipated by the reference claim(s) since the claims recite substantially similar limitations. Particularly, the entire scope of independent claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application.
The following is a mapping of the claims of the Patent against the claims of the present application:
Present Application
Patent US 12295705 B2
Identified differences and rationale as to why that does not amount to a patentable difference.
1. A robotic system for physical therapy, comprising: a stimulus device configured to generate a stimulus; a server arrangement that comprises a first artificial intelligence (AI)-based system, wherein the server arrangement in a training phase of the first AI-based system, is configured to: instruct a plurality of robotic systems, that includes the robotic system, to apply a plurality of stimuli to a plurality of test users; acquire primary information, that includes a plurality of stimulus-response pairs from the plurality of robotic systems, based on a plurality of responses sensed during application of the stimuli, wherein each stimulus-response pair of the plurality of stimulus-response pairs is indicative of a type of the stimulus, of the plurality of stimuli, that was applied, and a level of a corresponding response that was generated based on the applied stimulus, generate one-stimulus multi-response (OSMR) dataset based on the acquired primary information that includes the plurality of stimulus-response pairs; and update a second AI-based system based on the OSMR dataset; and control circuitry configured to: determine a set of test stimuli for a user based on the updated second AI-based system; apply the determined set of test stimuli to the user; and reconfigure the stimulus device to shift at least one condition of the user from a current health state towards a target health state.
2. The robotic system according to claim 1, further comprising: a set of external response sensors configured to sense and measure an external response discernible on a body of the user on application of the stimulus; and a set of internal response sensors configured to sense and measure an internal response within the body of the user on the application of the stimulus from the stimulus device, wherein the plurality of responses includes the external response and the internal response.
3. The robotic system according to claim 1, further comprising a user interface, wherein the control circuitry is further configured to: receive an input via the user interface, wherein the input comprises the current health state and the target health state of the user; retrieve at least one priori stimulus from a knowledge database based on the received input; determine the set of test stimuli specific for the user based on a combination of the current health state, the target health state, the retrieved at least one priori stimulus, and the updated second AI-based system; control the stimulus device to apply the determined set of test stimuli to the user for a first test duration; determine, based on the set of external response sensors, a set of responses discernible on a body of the user from the applied set of test stimuli; calibrate a set of stimulus parameters for the stimulus device based on a combination of the determined set of responses, the current health state, the target health state, and the updated second AI-based system; and re-configure the stimulus device with the calibrated set of stimulus parameters to apply a new stimulus to at least a portion of the body of the user for a second duration, wherein use of the new stimulus shifts the at least one condition of the user from the current health state towards the target health state.
4. The robotic system according to claim 1, further comprising a phase array antenna component configured to: generate waves in a specific frequency range to monitor health of one or more organs of a body of the user providing a health monitoring functionality; and function as a fixed wireless access (FWA) for 4G or 5G communication along with the health monitoring functionality, thereby providing dual functionality.
1. (Currently Amended) A robotic system for physical therapy, comprising:a stimulus device configured to generate a stimulus;a set of external response sensors configured to sense and measure an external response discernible on a body of a user on application of the stimulus;a set of internal response sensors configured to sense and measure an internal response within the body of the user on the application of the stimulus from the stimulus device;a user interface;a server arrangement that comprises a first artificial intelligence (AI)-based system, wherein the server arrangement in a training phase of the first Al-based system, is configured to:instruct a plurality of robotic systems that includes the robotic system to apply a plurality of stimuli to a plurality of test users;acquire primary information, that includes a plurality of stimulus-response pairs from the plurality of robotic systems, based on a plurality of responses from the set of internal response sensors and the set of external response sensors of each robotic system of the plurality of robotic system, wherein the plurality of responses includes the external response and the internal response, andPage 2 of 19 each stimulus-response pair of the plurality of stimulus-response pairs is indicative of:a type of the stimulus, of the plurality of stimuli, that was applied and a level of a corresponding response that was generated based on the applied stimulus; generate one-stimulus multi-response (OSMR) dataset based on the acquired primary information that includes the plurality of stimulus-response pairs; and update a second Al-based system based on the OSMR dataset; control circuitry configured to:receive an input via the user interface, wherein the input comprises a current health state and a target health state of the user;retrieve at least one priori stimulus from a knowledge database based on the received input;determine a set of test stimuli specific for the user based on a combination of the current health state, the target health state, the retrieved at least one priori stimulus, and the updated second Al-based a trained Artificial Intelligence (Al)- based system;control the stimulus device to provideapply the determined set of test stimuli to the user for a first test duration;Page 3 of 19 determine, based on the set of external response sensors, a set of responses discernible on the body of the user from the provided applied set of test stimuli; [[and]] calibrate a set of stimulus parameters for the stimulus device based on a combination of the determined set of responses, the current health state, the target health state, and the updated second trained Al-based system; andre-configure the stimulus device with the calibrated set of stimulus parameters to apply a new stimulus to at least a portion of the body of the user for a second duration, wherein the use of the new stimulus shifts at least one condition of the user from the current health state towards the target health state; and a phase array antenna component configured to:generate waves in aspecific frequency range to monitor health of one or more organs of the body of the user providing a health monitoring functionality;andfunction as a fixed wireless access (FWA) for 4G or 5G communication along with the health monitoring functionality
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Claim 1 of the Patent is subdivided into Claims 1-4 of the present application, thus the claim under examination is anticipated by the reference claim(s) since the claims recite substantially similar limitations. Particularly, the entire scope of independent claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application.
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5. The robotic system according to claim 3, wherein the control circuitry is further configured to receive supplementary information via the user interface, the supplementary information includes at least two of physical characteristics of the user, a geography, a feedback from a physical therapy expert, a first set of dosages of a first set of medicines prescribed for the current health state of the user, or diagnostic information from at least one medical diagnosis test, and the received supplementary information is fed to the first AI-based system in addition to the input of the current health state and the target health state.
2. (Currently Amended) The robotic system according to claim 1, wherein the control circuitry is further configured to receive supplementary information via the user interface, wherein Page 4 of 19 the supplementary information includes at least two of[[:]] physical characteristics of the user, a geography, a feedback from a physical therapy expert, a first set of dosages of a first set of medicines prescribed for the current health state of the user, [[and]]or diagnostic information from at least one medical diagnosis test, whereinand the received supplementary information is fed to the trainedfirst Al-based system in addition to the input of the current target health state and the target health state
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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6. The robotic system according to claim 1, wherein the control circuitry is further configured to identify, based on the set of internal response sensors and the application of the set of test stimuli, at least one of a nerve that responds to at least a first stimulus of the set of test stimuli, a muscle that responds to at least a second stimulus of the set of test stimuli, or a change in an activity in a brain area on the application of the set of test stimuli, in the set of responses within a body.
3. (Currently Amended) The robotic system according to claim 1, wherein the control circuitry is further configured to identify, based on the set of internal response sensors and the application of the set of test stimuli, at least one of[[:]] a nerve that responds to at least [[one]]a first stimulus of the set of test stimuli, a muscle that responds to at least [[one]]a second stimulus of the set of test stimuli, or a change in an activity in a brain area on theapplication of the set of test stimuli, in the first set of responses within the body.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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7. The robotic system according to claim 3, wherein the control circuitry is further configured to determine, based on the set of internal response sensors, a modus operandi of a nerve, a muscle, or a pattern of a change in an activity in a brain area on the application of each stimulus of the set of test stimuli.
4. (Currently Amended) The robotic system according to claim 3, wherein the control circuitry is further configured to determine, based on the set of internal response sensors, a modus operandi of the identified nerve, the identified muscle, or a pattern of the identified change in the activity in the brain area on theapplication of each stimulus of the set of test stimuli.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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8. The robotic system according to claim 3, wherein the control circuitry is further configured to quantify, based on the set of internal response sensors, a level of response at a nerve, a muscle, or a brain area on the application of each stimulus of the set of test stimuli.
5. (Currently Amended) The robotic system according to claim 3, wherein the control circuitry is further configured to quantify, based on the set of internal response sensors,Page 5 of 19 a level of response at the identified nerve, the identified muscle, or the brain area on the application of each stimulus of the set of test stimuli.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application.
9. The robotic system according to claim 1, wherein the control circuitry is further configured to identify, based on the set of external response sensors, at least two of: a change in a facial expression of the user on the application of at least one stimulus of the set of test stimuli on the user, a pattern of facial expression of the user on a sequential application of the set of test stimuli on the user, a change in skin color, a body posture, a voice feedback from the user, or a level of pain or comfort experienced by the user based on a deviation in a current user behaviour from a baseline behaviour of the user.
6. (Currently Amended) The robotic system according to claim 1, wherein the control circuitry is further configured to identify, based on the set of external response sensors, at least two of:a change in a facial expression [[on]]of the user on the application of at least one stimulus of the set of test stimuli on the user, a pattern of facial expression [[on]]of the user on a sequential application ofthe set of test stimuli on the user, a change in skin color, a body posture, a voice feedback from the user, [[and]]or a level of pain or comfort experienced by the user based on a deviation in a current user behaviour from a baseline behaviour of the user.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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10. The robotic system according to claim 1, wherein the server arrangement in the training phase of the first AI-based system, is further configured to: acquire supplementary information related to the plurality of test users from the plurality of robotic systems; establish an associative relationship between each stimulus-response pair of the plurality of stimulus-response pairs with corresponding information from the acquired supplementary information based on the first AI-based system; and determine a plurality of causes of similarity and variability based on the established associative relationship.
8. (Currently Amended) The robotic system according to claim [[7]]1, wherein the server arrangement in the training phase of the secondfirst Al-based system, is further configured to:acquire supplementary information related to the plurality of test users from the plurality of robotic systems;establish an associative relationship between each stimulus-response pair of the plurality of stimulus-response pairs with corresponding supplementary information from the acquired supplementary information based on the secondfirst Al-based system; andPage 6 of 19 determine a plurality of causes of similarity and variability based on the established associative relationship.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application.
11. The robotic system according to claim 1, wherein the server arrangement in the training phase of the first AI-based system, is further configured to: segregate the generated OSMR dataset into a plurality of physical therapy categories based on a plurality of causes of similarity and variability in the plurality of responses; train the first AI-based system to generate a trained neural network model based on the segregated OSMR dataset into the plurality of physical therapy categories; and update the second AI-based system of the robotic system by a transfer learning operation from the trained neural network model of the server arrangement to the second AI-based system of the robotic system.
9. (Currently Amended) The robotic system according to claim [[7]]1, wherein the server arrangement in the training phase of the secondfirst Al-based system, is further configured to:segregate the generated OSMR dataset into a plurality of physical therapy categories based on the determination of thea plurality of causes of similarity and variability in the plurality of responses;train the first second Al-based system to generate a trained neural network model based on the segregated OSMR dataset into the plurality of physical therapy categories; and update a first the second Al-based system-that corresponds to the trained Al-based system of the robotic system by a transfer learning operation from the trained neural network model of the server arrangement to the first second Al-based system of the robotic system.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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12. The robotic system according to claim 11, wherein the plurality of physical therapy categories includes: a first physical therapy category that includes a first set of stimulus-response pairs of the plurality of stimulus-response pairs, suitable for a group therapy; a second physical therapy category that includes a second set of stimulus-response pairs of the plurality of stimulus-response pairs, suitable for users having at least one specific trait; and a third physical therapy category that includes a third set of stimulus-response pairs of the plurality of stimulus-response pairs, suitable for a specific user.
10. (Currently Amended) The robotic system according to claim [[7]]9, wherein the plurality of physical therapy categories includes:a first physical therapy category that includes a first set of stimulus-response pairs, of the plurality of stimulus-response pairs, suitable for a group therapy;Page 7 of 19 a second physical therapy category that includes a second set of stimulus- response pairs, of the plurality of stimulus-response pairs, suitable for users having at least one specific trait; anda third physical therapy category that includes a third set of stimulus-response pairs, of the plurality of stimulus-response pairs, suitable for a specific user.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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13. A method of operating a robotic system for physical therapy, the method comprising: instructing, by a server arrangement in a training phase of a first artificial intelligence (AI)-based system, a plurality of robotic systems to apply a plurality of stimuli to a plurality of test users during a training phase, wherein the server arrangement comprises the first AI-based system; acquiring, by the server arrangement, primary information that includes a plurality of stimulus-response pairs from the plurality of robotic systems, wherein the acquiring of the primary information is based on a plurality of responses of each robotic system of the plurality of robotic system, wherein each stimulus-response pair of the plurality of stimulus-response pairs is indicative of a type of a stimulus, of the plurality of stimuli, that was applied, and a level of a corresponding response that was generated based on the applied stimulus; generating, by the server arrangement, one-stimulus multi-response (OSMR) dataset based on the acquired primary information that includes the plurality of stimulus-response pairs; updating, by the server arrangement, a second AI-based system of the robotic system based on the OSMR dataset; determining, control circuitry of the robotic system from the plurality of robotic systems, a set of test stimuli for a user based on the updated second AI-based system; applying, by the control circuitry, the determined set of test stimuli to the user; and reconfiguring, by the control circuitry, a stimulus device of the robotic system to shift at least one condition of the user from a current health state towards a target health state.
14. The method according to claim 13, further comprising: receiving, by the control circuitry, an input via a user interface, wherein the input comprises the current health state and the target health state of the user; retrieving, by the control circuitry, at least one priori stimulus from a knowledge database based on the received input; determining, by the control circuitry, the set of test stimuli specific for the user based on a combination of the current health state, the target health state, the retrieved at least one priori stimulus, and the updated second AI-based system of the robotic system; controlling, by the control circuitry, the stimulus device of the robotic system to apply the determined set of test stimuli to the user for a first test duration; determining, by the control circuitry, a set of responses discernible on a body of the user from the applied set of test stimuli, wherein the determining of the set of responses discernible on the body of the user is based on a set of external response sensors of the robotic system; calibrating, by the control circuitry, a set of stimulus parameters for the stimulus device based on a combination of the determined set of responses, the current health state, the target health state, and the updated second AI-based system; and re-configuring, by the control circuitry, the stimulus device with the calibrated set of stimulus parameters to apply a new stimulus to at least a portion of the body of the user for a second duration, wherein use of the new stimulus shifts the at least one condition of the user from the current health state towards the target health state.
15. The method according to claim 13, further comprising: generating, by a phase array antenna component, waves in a specific frequency range to monitor health of one or more organs of a body of the user providing a health monitoring functionality; and functioning as a fixed wireless access (FWA) for 4G or 5G communication along with the health monitoring functionality, thereby providing dual functionality.
11. (Currently Amended) A method of operation of a robotic system for physical therapy, the method comprising:instructing, by a server arrangement in a training phase of a first artificial intelligence (AI)-based system, a plurality of robotic systems to apply a plurality of stimuli to a plurality of test users, wherein the server arrangement comprises the first Al-based system;acquiring, by the server arrangement, primary information that includes a plurality of stimulus-response pairs from the plurality of robotic systems, wherein the acquiring of the primary information is based on a plurality of responses from a set of internal response sensors and a set of external response sensors of each robotic system of the plurality of robotic system, wherein each stimulus-response pair of the plurality of stimulus-response pairs is indicative of:a type of a stimulus, of the plurality of stimuli, that was applied and a level of a corresponding response that was generated based on the applied stimulus;Page 8 of 19 generating by the server arrangement, one-stimulus multi-response (OSMR) dataset based on the acquired primary information that includes the plurality of stimulus- response pairs; andupdating, by the server arrangement, a second Al-based system of the robotic system based on the OSMR dataset;in the robotic system that includes control circuitry:receiving, by [[the ]]control circuitry of the robotic system from the plurality of robotic systems, an input via a user interface, wherein the input comprises a current health state and a target health state of a user;retrieving, by the control circuitry, at least one priori stimulus from a knowledge database based on the received input;determining, by the control circuitry, a set of test stimuli specific for the user based on a combination of the current health state, the target health state, the retrieved at least one priori stimulus, and the updated second Al-based a trained Artificial Intelligence (Al)- based system of the robotic system;controlling, by the control circuitry, a stimulus device of the robotic system to provideapply the determined set of test stimuli to the user for a first test duration;determining, by the control circuitry, a set of responses discernible on [[the]]a body of the user from the provided applied set of test stimuli, wherein the determining of the set of responses discernible on the body of the user is based on [[a]]the set of external response sensors of the robotic system;Page 9 of 19 calibrating, by the control circuitry, a set of stimulus parameters for the stimulus device based on a combination of the determined set of responses, the current health state, the target health state, and the updated second trained Al-based system;andre-configuring, by the control circuitry, the stimulus device with the calibrated set of stimulus parameters to apply a new stimulus to at least a portion of the body of the user for a second duration, wherein the use of the new stimulus shifts at least one condition of the user from the current health state towards the target health state;generating, by a phase array antenna component, waves in a specific frequency range to monitor health of one or more organs of the body of the user providing a health monitoring functionality; andfunctioning as a fixed wireless access (FWA) for 4G or 5G communication along with the health monitoring functionality, thereby providing dual functionality.
Claim 11 of the Patent is subdivided into Claims 13-15 of the present application, thus the claim under examination is anticipated by the reference claim(s) since the claims recite substantially similar limitations. Particularly, the entire scope of independent claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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16. The method according to claim 13, further comprising identifying, by the control circuitry, at least one of a nerve that responds to at least a first stimulus of the set of test stimuli, a muscle that responds to at least a second stimulus of the set of test stimuli, or a change in an activity in a brain area on the application of the set of test stimuli, in the set of responses within a body, wherein the identifying is based on the set of internal response sensors and the application of the set of test stimuli.
12. (Currently Amended) The method according to claim 11, further comprising identifying, by the control circuitry, at least one of[[:]] a nerve that responds to at least [[one]]a first stimulus of the set of test stimuli, a muscle that responds to at least [[one]]a second stimulus of the set of test stimuli, or a change in an activity in a brain area on the application of the set of test stimuli, in the first set of responses within the body,wherein the identifying is based on the set of internal response sensors and the application of the set of test stimuli.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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17. The method according to claim 13, further comprising determining, by the control circuitry, a modus operandi of a nerve, a muscle, or a pattern of a change in an activity in a brain area on the application of each stimulus of the set of test stimuli, based on the set of internal response sensors.
13. (Currently Amended) The method according to claim [[11]]12, further comprising determining, by the control circuitry, a modus operandi of the identified nerve, the Page 10 of 19 identified muscle, or a pattern of the identified change in the activity in the brain area onthe application of each stimulus of the set of test stimuli, based on the set of internal response sensors.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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18. The method according to claim 13, further comprising: quantifying, by the control circuitry, a level of response at a nerve, a muscle, or a brain area on the application of each stimulus of the set of test stimuli, wherein the quantifying is based on the set of internal response sensors; and identifying, by the control circuitry, at least two of: a change in a facial expression of the user on the application of at least one stimulus of the set of test stimuli on the user, a pattern of facial expression of the user on a sequential application of the set of test stimuli on the user, a change in skin color, a body posture, a voice feedback from the user, or a level of pain or comfort experienced by the user based on a deviation in a current user behavior from a baseline behavior of the user, based on the set of external response sensors.
14. (Currently Amended) The method according to claim [[11]]12, further comprising:quantifying, by the control circuitry, a level of response at the identified nerve, the identified muscle, or the brain area on theapplication of each stimulus of the set of test stimuli, wherein the quantifying is based on the set of internal response sensors; andidentifying, by the control circuitry, at least two of:a change in a facial expression [[on]]of the user on theapplication of at least one stimulus of the set of test stimuli on the user, a pattern of facial expression [[on]]of the user on a sequential application of the set of test stimuli on the user, a change in skin color, a body posture, a voice feedback from the user, [[and]]or a level of pain or comfort experienced by the user based on a deviation in a current user behavior from a baseline behavior of the user, based on the set of external response sensors.
The claims recite substantially similar limitations, the entire scope of claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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19. A non-transitory computer readable medium having stored thereon, computer executable instruction, which when executed by a computer, cause the computer to execute operations, the operations comprising: instructing, by a server arrangement in a training phase of a first artificial intelligence (AI)-based system, a plurality of robotic systems to apply a plurality of stimuli to a plurality of test users during a training phase, wherein the server arrangement comprises the first AI-based system; acquiring, by the server arrangement, primary information that includes a plurality of stimulus-response pairs from the plurality of robotic systems, wherein the acquiring of the primary information is based on a plurality of responses of each robotic system of the plurality of robotic system, wherein each stimulus-response pair of the plurality of stimulus-response pairs is indicative of a type of a stimulus, of the plurality of stimuli, that was applied, and a level of a corresponding response that was generated based on the applied stimulus; generating, by the server arrangement, one-stimulus multi-response (OSMR) dataset based on the acquired primary information that includes the plurality of stimulus-response pairs; updating, by the server arrangement, a second AI-based system based on the OSMR dataset; determining, by a robotic system of the plurality of robotic systems, a set of test stimuli for a user based on the updated second AI-based system; applying, by the robotic system, the determined set of test stimuli to the user; and reconfiguring, by the robotic system, a stimulus device of the robotic system to shift at least one condition of the user from a current health state towards a target health state.
20. The non-transitory computer readable medium according to claim 19, further comprising: receiving, by the robotic system, an input via a user interface, wherein the input comprises the current health state and the target health state of the user; retrieving, by the robotic system, at least one priori stimulus from a knowledge database based on the received input; determining, by the robotic system, the set of test stimuli specific for the user based on a combination of the current health state, the target health state, the retrieved at least one priori stimulus, and the updated second AI-based system of the robotic system; controlling, by the robotic system, the stimulus device of the robotic system to apply the determined set of test stimuli to the user for a first test duration; determining, by the robotic system, a set of responses discernible on a body of the user from the applied set of test stimuli, wherein the determining of the set of responses discernible on the body of the user is based on a set of external response sensors of the robotic system; calibrating, by the robotic system, a set of stimulus parameters for the stimulus device based on a combination of the determined set of responses, the current health state, the target health state, and the updated second AI-based system; and re-configuring, by the robotic system, the stimulus device with the calibrated set of stimulus parameters to apply a new stimulus to at least a portion of the body of the user for a second duration, wherein use of the new stimulus shifts the at least one condition of the user from the current health state towards the target health state.
15. (Currently Amended) A non-transitory computer readable medium having stored thereon, computer executable instruction, which when executed by a computer, cause the computer to execute operations, the operations comprising:Page 10 of 19 receiving an input via a user interface, wherein the input comprises a current health state and a target health state of a user;retrieving at least one priori stimulus from a knowledge database based on the received input;determining a set of test stimuli specific for the user based on a combination of the current health state, the target health state, the retrieved at least one priori stimulus, and a trained Artificial Intelligence (AI)-based [[(AI) ]]system of a robotic system;controlling a stimulus device of the robotic system to apply provide the determined set of test stimuli to the user for a first test duration, wherein the stimulus device comprises a plurality of slots to detachably attach a plurality of different stimulus sub-devices in the plurality of slots in a modular arrangement;determining a set of responses within [[the]]a body of the user from the providedapplied set of test stimuli, wherein the determination of the set of responses is based on a set of internal response sensors of the robotic system;generating a physical stimulation instructions pack specific for the user based on an output from the trained Al-based system, wherein the physical stimulation instructions pack comprises:a time schedule that defines a specific activation time and a specific duration for the plurality of different stimulus sub-devices to generate a new stimulus in a second duration, wherein the second duration is different from the first test duration, andPage 11 of 19 a set of sense identifiers, wherein each sense identifier of the set of sense identifiers indicates a unique specific sense stimulating item for output based on the time schedule; activating a set of stimulus sub-devices from the plurality of different stimulus sub- devices at a given timepoint in the second duration based on the time schedule in the generated physical stimulation instructions pack; calibrating a set of stimulus parameters for the stimulus device based on the physical stimulation instructions pack, a combination of the determined set of responses, the current health state, the target health state, and the trained Al-based system; and re-configuring the stimulus device with the calibrated set of stimulus parameters to apply [[a]]the new stimulus to at least a portion of the body of the user for [[a]]the second duration, wherein the re-configuring is based on the activation of the set of stimulus sub-devices at the given timepoint in the second duration, andthe use of the new stimulus shifts at least one condition of the user from the current health state towards the target health state.
Claim 15 of the Patent is subdivided into Claims 19-20 of the present application, thus the claim under examination is anticipated by the reference claim(s) since the claims recite substantially similar limitations. Particularly, the entire scope of independent claims of Patent US 12295705 B2 falls within the scope of independent claims of the present application. -
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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 of this title, 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Clark et al. (US 20190189259 A1) hereinafter referred to as Clark in view of Saroka et al. (US 10758150 B2) hereinafter referred to as Saroka in further view of Errico et al. (US 20190111255 A1) hereinafter referred to as Errico in further view of Bonutti et al. (US 20190065970 A1) hereinafter referred to as Bonutti.
Clark teaches:
Claim 1. A robotic system for physical therapy, comprising:
a stimulus device configured to generate a stimulus (¶0026 The patient treatment experience may include sense stimulation involving one or more of the five senses of the patient (sight, hearing, smell, taste, touch) and/or cognitive stimulation of the patient);
a server arrangement that comprises a first artificial intelligence (AI)-based system, wherein the server arrangement in a training phase of the first AI-based system, is configured to: instruct a plurality of robotic systems, that includes the robotic system, to apply a plurality of stimuli to a plurality of test users (¶0037 The experience generation system 106 generates and administers a patient treatment experience based on the customized therapy. In one implementation, the patient treatment experience includes patient sense stimulation and/or cognitive stimulation ¶0074 The digital song or soundscape may then gradually slow down as it is played, without degradation of either notation, pitch, volume or velocity by controlling the music using a music instrument digital interface [MIDI control, by a target change, such as a preset target percentage reduction, a change set by patient or provider input of desired target percentages, or by AI guided target percentages that reflect clinical best practices. In addition to dynamically setting the starting digital song tempo to attempt to guide the patient to a targeted heart or respiration rate, or in the case of neurotransmitter imbalances, targeted biochemical levels, the patient's real time biometric response data may indicate that the target change is not being achieved. At this point, guided by AI algorithms, the treatment experience system 100 may dynamically recalibrate the real time music playback tempo and the target change for the reset tempo to a more achievable level of overall compliance with biometric values, patient experience, and clinical best practices);
acquire primary information, that includes a plurality of stimulus-response pairs from the plurality of robotic systems, based on a plurality of responses sensed during application of the stimuli, wherein each stimulus-response pair of the plurality of stimulus-response pairs is indicative of a type of the stimulus, of the plurality of stimuli, that was applied, and a level of a corresponding response that was generated based on the applied stimulus, generate one-stimulus multi-response (OSMR) dataset based on the acquired primary information that includes the plurality of stimulus-response pairs (¶0074 The digital song or soundscape may then gradually slow down as it is played, without degradation of either notation, pitch, volume or velocity by controlling the music using a music instrument digital interface [MIDI control, by a target change, such as a preset target percentage reduction, a change set by patient or provider input of desired target percentages, or by AI guided target percentages that reflect clinical best practices. In addition to dynamically setting the starting digital song tempo to attempt to guide the patient to a targeted heart or respiration rate, or in the case of neurotransmitter imbalances, targeted biochemical levels, the patient's real time biometric response data may indicate that the target change is not being achieved. At this point, guided by AI algorithms, the treatment experience system 100 may dynamically recalibrate the real time music playback tempo and the target change for the reset tempo to a more achievable level of overall compliance with biometric values, patient experience, and clinical best practices); and
update a second AI-based system based on the OSMR dataset (¶0038 The characteristics of the patient treatment experience, such as the sound of a music playlist, may be controlled and automatically tuned specifically for the patient by accessing the real time and historical biometric readings, vital signs, machine learning and/or AI. For example, as the patient begins listening to the sound of a music playlist, the tempo, or Beats per Minute [BPM of the digital song may be recalibrated to match a biometric value of the patient in real time, such as heart rate); and
control circuitry configured to: determine a set of test stimuli for a user based on the updated second AI-based system (¶0052 In another example, the desired resulting target change may be to slow the patient's respiration rate down during the song by targeted percentage, such as 15%. The algorithm reads the patient's beginning heart rate of 86 beat per minute and sets the matching MIDI tempo of the song playback to match 86 BPM. The treatment experience system 100 determines that a 3-minute song and a target ending heart rate will result in the targeted reduction of 15%; computes that a 5% reduction in heart rate per minute will result in the targeted endpoint heartrate of 73 BPM; and recalibrates the MIDI tempo for song playback to gradually slow down over the 3 minute song to end at a tempo of 73 BPM. During the song playback, the treatment experience system 100 monitors the real time impact of the slowing MIDI tempo on the patient's biometrics, biochemicals and Vital Signs, and if the patient is not responding as desired, for example, the heart rate is not slowing down as desired, the treatment experience system 100 may reset the tempo to match the patient heart rate and start over trying to entrain a slowdown playback, with a new adjusted target);
apply the determined set of test stimuli to the user;and reconfigure the stimulus device to shift at least one condition of the user from a current health state towards a target health state (¶0052 In another example, the desired resulting target change may be to slow the patient's respiration rate down during the song by targeted percentage, such as 15%. The algorithm reads the patient's beginning heart rate of 86 beat per minute and sets the matching MIDI tempo of the song playback to match 86 BPM. The treatment experience system 100 determines that a 3-minute song and a target ending heart rate will result in the targeted reduction of 15%; computes that a 5% reduction in heart rate per minute will result in the targeted endpoint heartrate of 73 BPM; and recalibrates the MIDI tempo for song playback to gradually slow down over the 3 minute song to end at a tempo of 73 BPM. During the song playback, the treatment experience system 100 monitors the real time impact of the slowing MIDI tempo on the patient's biometrics, biochemicals and Vital Signs, and if the patient is not responding as desired, for example, the heart rate is not slowing down as desired, the treatment experience system 100 may reset the tempo to match the patient heart rate and start over trying to entrain a slowdown playback, with a new adjusted target).
Although not explicitly taught by Clark, Saroka teaches in the analogous art of system for using electromagnetic radiation for monitoring a tissue of a user:
a stimulus device configured to generate a stimulus (C.9 L.61 Reference is now made to FIG. 1, which is a schematic illustration of a wearable monitoring apparatus 100 that is attached to the body of a user, optionally to the thorax, as shown at 101. The wearable monitoring apparatus 100 is optionally connected to a user management unit 102, optionally in a bidirectional wireless connection, according to some embodiments of the present invention. C.10 L.44 The wearable monitoring apparatus 100 may communicate, optionally wirelessly, with a user management unit 102, which may be connected to the hospital IT unit, an emergency center and/or to a disease management center. C.28 L.32 the communication interface 208 is connected to a wireless data interface, such as an example an infrared (IR) interface, a wireless fidelity (Wi-Fi) interface, a Bluetooth™ module, a electromagnetic transducer module, a universal asynchronous receiver transmitter (UART) and the like. Optionally, the connection allows the wearable monitoring apparatus 100 to report on a malfunction in one of one or more front-end sensors 204 and on any other malfunction in the monitoring of the dielectric related properties of fluids in an internal area of the user's body's, for example in the pulmonary tissues of the user 101. C.28 L.56 the wearable monitoring apparatus 100 is connected to a dosage control unit (not shown). The dosage control unit may be integrated, in a detachable or fixed manner, into the wearable monitoring apparatus 100. C.36 L.55 In the group of antenna elements which are depicted in FIGS. 7 and 8 the relative phases of the respective signals feeding the antenna elements are varied in such a manner that the effective radiation power of the phased-array is reinforced in a specific internal area of the user's body, for example in the pulmonary tissues of the user 101, and optionally suppressed in other directions. In an equivalent manner, the phases of the received signals from the different antenna elements may be combined to focus the elements on a specific internal location. As described above, reflections from the pulmonary tissue may be calibrated according to the reflections from reference tissues).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for using electromagnetic radiation for monitoring a tissue of a user of Saroka with the system for generating an optimized patient treatment experience of Clark for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Clark ¶0004 teaches that it is desirable to correct problems involving patients who are medicated or overmedicated for reasons unrelated to their health or treatment;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Clark Abstract teaches systems and methods for generating an optimized treatment experience for a patient, and Saroka Abstract teaches a wearable monitoring apparatus for monitoring at least one biological parameter of an internal tissue of an ambulatory user; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Clark at least the above cited paragraphs, and Saroka at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the system for using electromagnetic radiation for monitoring a tissue of a user of Saroka with the system for generating an optimized patient treatment experience of Clark. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Although not explicitly taught by Clark in view of Saroka, Errico teaches in the analogous art of system for initial provisioning and refilling of medical devices:
instruct a plurality of robotic systems, that includes the robotic system, to apply a plurality of stimuli to a plurality of test users (¶0073 transcutaneous electrical stimulation of a nerve can be non-invasive because it involves attaching electrodes to the skin, or otherwise stimulating at or beyond the surface of the skin or using a form-fitting conductive garment, without breaking the skin [Thierry KELLER and Andreas Kuhn. Electrodes for transcutaneous (surface) electrical stimulation. ¶0074 Another form of non-invasive electrical stimulation is magnetic stimulation. It involves the induction, by a time-varying magnetic field, of electrical fields and current within tissue, in accordance with Faraday's law of induction. Magnetic stimulation can be non-invasive because the magnetic field is produced by passing a time-varying current through a coil positioned outside the body ¶¶0040-0042 FIG. 3A is a front view of an embodiment of a dual-electrode stimulator according to this disclosure, showing that the stimulator device comprises a smartphone. FIG. 3B is a back view of an embodiment of the dual-electrode stimulator shown in FIG. 3A according to this disclosure. FIG. 3C is a side view of an embodiment of the dual-electrode stimulator shown in FIG. 3A according to this disclosure. ¶¶0127-0130 An embodiment of an electrode-based stimulator is shown in FIG. 3. As shown, the stimulator comprises a smartphone (31) with its back cover removed and and joined to a housing (32) that comprises a pair of electrode surfaces (33) along with circuitry to control and power the electrodes and interconnect with the smartphone. The electrode surface (33) in FIG. 3 corresponds to item 351 in FIG. 1. FIG. 3A shows the side of the smartphone (31) with a touch-screen. FIG. 3B shows the housing of the stimulator (32) joined to the back of the smartphone. Portions of the housing lie flush with the back of the smartphone, with windows to accommodate smartphone components that are found on the original back of the smartphone. Such components may also be used with the stimulator, e.g., the smartphone's rear camera (34), flash (35) and speaker (36). Other original components of the smartphone may also be used, such as the audio headset jack socket (37) and multi-purpose jack (38)…, the stimulation device may be powered by the smartphone's battery. If the battery under the dome is rechargeable, the dome may contain a socket (41) through which the battery is recharged using a jack that is inserted into it, which is, for example, attached to a power cable from a base station (described below). The belly (40) of the housing protrudes to a lesser extent than the electrodes and dome. The belly accommodates a printed circuit board that contains electronic components within the housing (not shown), as described below.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for initial provisioning and refilling of medical devices of Errico with the system for generating an optimized patient treatment experience of Clark in view of Saroka for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Clark ¶0004 teaches that it is desirable to correct problems involving patients who are medicated or overmedicated for reasons unrelated to their health or treatment;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Clark Abstract teaches systems and methods for generating an optimized treatment experience for a patient, and Saroka Abstract teaches a wearable monitoring apparatus for monitoring at least one biological parameter of an internal tissue of an ambulatory user, and Errico Abstract teaches a system including memory that stores a first content; a medical device coupled to a processor; and a reader coupled to the processor, wherein the reader is configured to read a second content from a storage medium such that the processor switches the medical device from a first mode to a second mode based on the first content corresponding to the second content; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Clark in view of Saroka at least the above cited paragraphs, and Errico at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the system for initial provisioning and refilling of medical devices of Errico with the system for generating an optimized patient treatment experience of Clark in view of Saroka. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Although not explicitly taught by Clark in view of Saroka in further view of Errico, Bonutti teaches in the analogous art of system for AI and/or VR for activity optimization:
generate one-stimulus multi-response (OSMR) dataset based on the acquired primary information that includes the plurality of stimulus-response pairs (¶0061 In an embodiment, medical devices are electrically and/or communicatively coupled to the AI system 104 and are configured to provide a medical treatment to a patient. For example, bone stimulators, neuro stimulators, and/or pain stimulators can be connected with the AI system 104 and controlled/operated by the AI system to delivery optimized and/or personalized patient treatment. In an embodiment, the medical device may be a robotic medical device such as those disclosed by U.S. Pat. No. 9,192,395, which is hereby incorporated by reference in its entirety. For example, aspects of system 100 (e.g., AI system 104) can direct a robotic medical device to deliver blood flow or pharmaceuticals to a specific locations through minimally invasive approaches, such as by magnetic guidance. ¶0185 Referring to FIG. 26, a stimulus response measurement system (e.g., patient monitor) is generally indicated at 1510. The stimulus response measurement system 1510 comprises an image creation system 1550 and an imaging system 1512 for evaluating responses to stimuli including responses to the images created from the image creation system 1550. Except for the image creation system 1550, this embodiment is substantially similar to the retinal evaluation system 1410, and similar parts are given similar reference numbers plus 100. A framework 1520, the imaging system 1512, and their possible variants are substantially similar to corresponding parts in FIG. 24, except that further details and variants of the imaging system 1512 are disclosed to account for the image creation system 1550 sending light to the eye E. The image creation system 1550 does not have a corresponding part in FIG. 24, and is configured to generate images to present content such as video to the user.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Clark ¶0004 teaches that it is desirable to correct problems involving patients who are medicated or overmedicated for reasons unrelated to their health or treatment;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Clark Abstract teaches systems and methods for generating an optimized treatment experience for a patient, and Saroka Abstract teaches a wearable monitoring apparatus for monitoring at least one biological parameter of an internal tissue of an ambulatory user, and Errico Abstract teaches a system including memory that stores a first content; a medical device coupled to a processor; and a reader coupled to the processor, wherein the reader is configured to read a second content from a storage medium such that the processor switches the medical device from a first mode to a second mode based on the first content corresponding to the second content, and Bonutti Abstract teaches optimizing and/or personalizing activities to a user through artificial intelligence and/or virtual reality; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Clark in view of Saroka in further view of Errico at least the above cited paragraphs, and Bonutti at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Clark teaches:
Claim 2. The robotic system according to claim 1, further comprising: a set of external response sensors configured to sense and measure an external response discernible on a body of the user on application of the stimulus; and a set of internal response sensors configured to sense and measure an internal response within the body of the user on the application of the stimulus from the stimulus device, wherein the plurality of responses includes the external response and the internal response (¶0034 In one implementation, the experience factor assessment system 102 utilizes enhanced facial emotion recognition software using multi-modal algorithms to analyze facial expressions, comparing real time and historical readings, such as multiple separate points on the face, eyebrows, eye corners, nose, mouth, head position and gaze for signs of depression, isolation, anxiety, neuropsychiatric disorders, somatoform disorders, unique changes produced by individual facial muscles or muscle combinations, and/or the like. The current level of the patient experience factor may be expressed, for example, as a numerical reading on a scale (e.g., 1-10), a visual depiction (e.g., a varying selection of emoticon faces), or through a historical comparison of self-reported, calculated or biometrically derived levels. ¶0044 The biometric response data may include, without limitation, body temperature, galvanic skin response (gsr), heart rate, respiration rate, blood pressure, heart rate variability, muscle tension, peripheral oxygen saturation (SpO2), hydration, ECG signal).
Clark teaches:
Claim 3. The robotic system according to claim 1, further comprising a user interface, wherein the control circuitry is further configured to: receive an input via the user interface, wherein the input comprises the current health state and the target health state of the user; retrieve at least one priori stimulus from a knowledge database based on the received input; determine the set of test stimuli specific for the user based on a combination of the current health state, the target health state, the retrieved at least one priori stimulus, and the updated second AI-based system; control the stimulus device to apply the determined set of test stimuli to the user for a first test duration; determine, based on the set of external response sensors, a set of responses discernible on a body of the user from the applied set of test stimuli; calibrate a set of stimulus parameters for the stimulus device based on a combination of the determined set of responses, the current health state, the target health state, and the updated second AI-based system; and re-configure the stimulus device with the calibrated set of stimulus parameters to apply a new stimulus to at least a portion of the body of the user for a second duration, wherein use of the new stimulus shifts the at least one condition of the user from the current health state towards the target health state (¶0052 In another example, the desired resulting target change may be to slow the patient's respiration rate down during the song by targeted percentage, such as 15%. The algorithm reads the patient's beginning heart rate of 86 beat per minute and sets the matching MIDI tempo of the song playback to match 86 BPM. The treatment experience system 100 determines that a 3-minute song and a target ending heart rate will result in the targeted reduction of 15%; computes that a 5% reduction in heart rate per minute will result in the targeted endpoint heartrate of 73 BPM; and recalibrates the MIDI tempo for song playback to gradually slow down over the 3 minute song to end at a tempo of 73 BPM. During the song playback, the treatment experience system 100 monitors the real time impact of the slowing MIDI tempo on the patient's biometrics, biochemicals and Vital Signs, and if the patient is not responding as desired, for example, the heart rate is not slowing down as desired, the treatment experience system 100 may reset the tempo to match the patient heart rate and start over trying to entrain a slowdown playback, with a new adjusted target ¶0038 The characteristics of the patient treatment experience, such as the sound of a music playlist, may be controlled and automatically tuned specifically for the patient by accessing the real time and historical biometric readings, vital signs, machine learning and/or AI. For example, as the patient begins listening to the sound of a music playlist, the tempo, or Beats per Minute [BPM of the digital song may be recalibrated to match a biometric value of the patient in real time, such as heart rate).
Although not explicitly taught by Clark, Saroka teaches in the analogous art of system for using electromagnetic radiation for monitoring a tissue of a user:
Claim 4. The robotic system according to claim 1, further comprising a phase array antenna component configured to: generate waves in a specific frequency range to monitor health of one or more organs of a body of the user providing a health monitoring functionality; and function as a fixed wireless access (FWA) for 4G or 5G communication along with the health monitoring functionality, thereby providing dual functionality (C.9 L.61 Reference is now made to FIG. 1, which is a schematic illustration of a wearable monitoring apparatus 100 that is attached to the body of a user, optionally to the thorax, as shown at 101. The wearable monitoring apparatus 100 is optionally connected to a user management unit 102, optionally in a bidirectional wireless connection, according to some embodiments of the present invention. C.10 L.44 The wearable monitoring apparatus 100 may communicate, optionally wirelessly, with a user management unit 102, which may be connected to the hospital IT unit, an emergency center and/or to a disease management center. C.28 L.32 the communication interface 208 is connected to a wireless data interface, such as an example an infrared (IR) interface, a wireless fidelity (Wi-Fi) interface, a Bluetooth™ module, a electromagnetic transducer module, a universal asynchronous receiver transmitter (UART) and the like. Optionally, the connection allows the wearable monitoring apparatus 100 to report on a malfunction in one of one or more front-end sensors 204 and on any other malfunction in the monitoring of the dielectric related properties of fluids in an internal area of the user's body's, for example in the pulmonary tissues of the user 101. C.28 L.56 the wearable monitoring apparatus 100 is connected to a dosage control unit (not shown). The dosage control unit may be integrated, in a detachable or fixed manner, into the wearable monitoring apparatus 100. C.36 L.55 In the group of antenna elements which are depicted in FIGS. 7 and 8 the relative phases of the respective signals feeding the antenna elements are varied in such a manner that the effective radiation power of the phased-array is reinforced in a specific internal area of the user's body, for example in the pulmonary tissues of the user 101, and optionally suppressed in other directions. In an equivalent manner, the phases of the received signals from the different antenna elements may be combined to focus the elements on a specific internal location. As described above, reflections from the pulmonary tissue may be calibrated according to the reflections from reference tissues).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for using electromagnetic radiation for monitoring a tissue of a user of Saroka with the system for generating an optimized patient treatment experience of Clark for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Clark ¶0004 teaches that it is desirable to correct problems involving patients who are medicated or overmedicated for reasons unrelated to their health or treatment;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Clark Abstract teaches systems and methods for generating an optimized treatment experience for a patient, and Saroka Abstract teaches a wearable monitoring apparatus for monitoring at least one biological parameter of an internal tissue of an ambulatory user; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Clark at least the above cited paragraphs, and Saroka at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the system for using electromagnetic radiation for monitoring a tissue of a user of Saroka with the system for generating an optimized patient treatment experience of Clark. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Clark teaches:
Claim 5. The robotic system according to claim 3, wherein the control circuitry is further configured to receive supplementary information via the user interface, the supplementary information includes at least two of physical characteristics of the user, a geography, a feedback from a physical therapy expert, a first set of dosages of a first set of medicines prescribed for the current health state of the user, or diagnostic information from at least one medical diagnosis test, and the received supplementary information is fed to the first AI-based system in addition to the input of the current health state and the target health state (¶0053 The treatment experience system 100 improves healthcare services and related technologies, including any underlying computer technologies, by optimizing the patient treatment experience, resulting in positive recovery and health for patients, lowered drug use and misuse, and reduced economic and human casualty costs associated with healthcare and drug misuse. ¶0059 Mind-body therapies are treatments that are meant to help the mind's ability to affect the functions and symptoms of the body. Complimentary medicine, or integrative medicine, when combined with traditional medicine, as many research studies have shown conclusively, can offer patients an improved mental state to heal faster, feel better about their clinical treatment and be discharged from a clinical setting sooner. The goal of integrative medicine is to maximize the wellness of the whole person, mind, body and spirit, not just an underlying disease or symptom, such as pain, stress, anxiety, or lack of mobility).
Clark teaches:
Claim 6. The robotic system according to claim 1, wherein the control circuitry is further configured to identify, based on the set of internal response sensors and the application of the set of test stimuli, at least one of a nerve that responds to at least a first stimulus of the set of test stimuli, a muscle that responds to at least a second stimulus of the set of test stimuli, or a change in an activity in a brain area on the application of the set of test stimuli, in the set of responses within a body (¶0034 In one implementation, the experience factor assessment system 102 utilizes enhanced facial emotion recognition software using multi-modal algorithms to analyze facial expressions, comparing real time and historical readings, such as multiple separate points on the face, eyebrows, eye corners, nose, mouth, head position and gaze for signs of depression, isolation, anxiety, neuropsychiatric disorders, somatoform disorders, unique changes produced by individual facial muscles or muscle combinations, and/or the like. The current level of the patient experience factor may be expressed, for example, as a numerical reading on a scale (e.g., 1-10), a visual depiction (e.g., a varying selection of emoticon faces), or through a historical comparison of self-reported, calculated or biometrically derived levels. ¶0044 The biometric response data may include, without limitation, body temperature, galvanic skin response (gsr), heart rate, respiration rate, blood pressure, heart rate variability, muscle tension, peripheral oxygen saturation (SpO2), hydration, ECG signal).
Clark teaches:
Claim 7. The robotic system according to claim 3, wherein the control circuitry is further configured to determine, based on the set of internal response sensors, a modus operandi of a nerve, a muscle, or a pattern of a change in an activity in a brain area on the application of each stimulus of the set of test stimuli (¶0074 To aggregate general use templates, individual patient data is scrubbed of any unique patient specific identifiers in compliance with all applicable patient security and privacy guidelines, such as HIPPA, and then combined with additional aggregate patient therapy data to generate processed therapy data allowing the use of views, queries, rules based processing, algorithms and/or AI Machine Learning analysis, research and discovery of new and previously unknown combinations of complementary medicine, integrative medicine or alternative Therapy and traditional medicine to actively promote future patient discovery of individual ways to manage patient experience factors, lowering drug use and improving the patient experience by allowing the patient to positively control an aspect of their own therapeutic healing environment. AI and Machine Learning from the patient intelligence system 110 may redirect and constantly recalibrate the characteristics of the patient treatment experience administration, in a background mode or in real time.).
Clark teaches:
Claim 8. The robotic system according to claim 3, wherein the control circuitry is further configured to quantify, based on the set of internal response sensors, a level of response at a nerve, a muscle, or a brain area on the application of each stimulus of the set of test stimuli (¶0459 The treatment experience system 100 contributes valuable, quantifiable insight to the Patient Experience Evaluation, sometimes represented by Survey Questions, as it reflects key areas of Patient Treatment and Clinical methods, highlighted in recent Medicare sponsored guideline Questions for assessing the Patient Experience).
Clark teaches:
Claim 9. The robotic system according to claim 1, wherein the control circuitry is further configured to identify, based on the set of external response sensors, at least two of: a change in a facial expression of the user on the application of at least one stimulus of the set of test stimuli on the user, a pattern of facial expression of the user on a sequential application of the set of test stimuli on the user, a change in skin color, a body posture, a voice feedback from the user, or a level of pain or comfort experienced by the user based on a deviation in a current user behaviour from a baseline behaviour of the user (¶0031 The experience factor assessment system 102 may capture the patient experience data using a variety of techniques and devices as described herein. Further, the experience factor assessment system 102 may determine a current level of the patient experience factor using a variety of techniques based on the patient experience data. For example, the experience factor assessment system 102 may determine the current level of pain through self-reporting of pain levels of the patient on a numeric scale of 1 to 10, by inputs such as the patient responding to numeric prompts, pointing to or selecting a graphical series of facial expressions, pain-related body postures, facial recognition software enabled by a camera reading of micro expressions of the patient, body language, gestures, and/or facial expressions of the patient, and/or the like).
Although not explicitly taught by Clark in view of Saroka in further view of Errico, Bonutti teaches in the analogous art of system for AI and/or VR for activity optimization:
Claim 10. The robotic system according to claim 1, wherein the server arrangement in the training phase of the first AI-based system, is further configured to: acquire supplementary information related to the plurality of test users from the plurality of robotic systems; establish an associative relationship between each stimulus-response pair of the plurality of stimulus-response pairs with corresponding information from the acquired supplementary information based on the first AI-based system; and determine a plurality of causes of similarity and variability based on the established associative relationship (¶0146 One embodiment would use pattern recognition. Another embodiment could implement a Deep Learning algorithm implemented with a Convolutional Neural Network (CNN). This type of AI requires a large number of images to train the system, but can be more accurate than other algorithms. A neural network is created from a network of artificial neurons with discrete layers, connections and data flow. The neurons are trained to perform a task such as automatic image recognition. This can be done using labeled pictures of an object as an input and the output of the neuron being the label. For example during the training of the neuron, the input of an X-Ray of a “left knee” would be label as a “left knee”. The more labeled images the neurons are exposed to the more accurate the system becomes. In some embodiments, the system is trained with over 10 million images. Each neuron gives a weighted output which is totaled to give a confidence level of the image recognition. In this example, the system might be 95% confident that the image is a right knee, 10% confident it is an ankle, and 1% confident it is a cat. With increased neurons and layers and large amounts of training, the system gets better at identifying objects. In addition to anatomy, the neurons could be trained to detect surgical implants such as total knee, unicompartmental knee implants, intramedullary rods, dental implants.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Clark ¶0004 teaches that it is desirable to correct problems involving patients who are medicated or overmedicated for reasons unrelated to their health or treatment;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Clark Abstract teaches systems and methods for generating an optimized treatment experience for a patient, and Saroka Abstract teaches a wearable monitoring apparatus for monitoring at least one biological parameter of an internal tissue of an ambulatory user, and Errico Abstract teaches a system including memory that stores a first content; a medical device coupled to a processor; and a reader coupled to the processor, wherein the reader is configured to read a second content from a storage medium such that the processor switches the medical device from a first mode to a second mode based on the first content corresponding to the second content, and Bonutti Abstract teaches optimizing and/or personalizing activities to a user through artificial intelligence and/or virtual reality; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Clark in view of Saroka in further view of Errico at least the above cited paragraphs, and Bonutti at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Although not explicitly taught by Clark in view of Saroka in further view of Errico, Bonutti teaches in the analogous art of system for AI and/or VR for activity optimization:
Claim 11. The robotic system according to claim 1, wherein the server arrangement in the training phase of the first AI-based system, is further configured to: segregate the generated OSMR dataset into a plurality of physical therapy categories based on a plurality of causes of similarity and variability in the plurality of responses; train the first AI-based system to generate a trained neural network model based on the segregated OSMR dataset into the plurality of physical therapy categories; and update the second AI-based system of the robotic system by a transfer learning operation from the trained neural network model of the server arrangement to the second AI-based system of the robotic system (¶0146 One embodiment would use pattern recognition. Another embodiment could implement a Deep Learning algorithm implemented with a Convolutional Neural Network (CNN). This type of AI requires a large number of images to train the system, but can be more accurate than other algorithms. A neural network is created from a network of artificial neurons with discrete layers, connections and data flow. The neurons are trained to perform a task such as automatic image recognition. This can be done using labeled pictures of an object as an input and the output of the neuron being the label….The image is then passed through the automatic image detection algorithm, which first slices the DICOM image into “tiles” which are then passed to the first layer of the neural network, the output would be passed to the second layer and repeated for each layer until the image recognition is complete. The output of the system is an interpretation of what the DICOM image was of, for example “Left knee, human, total knee implant, and bone cement.” If the output of the image recognition matches the billing code the claim would be processed automatically. If the confidence level was for the submitted billing codes was below a predetermined threshold, the claim would be flagged for further inspection. ¶¶0094-0097 At 210, the computing device determines whether the user is in light sleep. In an embodiment, the computing devices uses data collected from one or more patient monitor sensors 102 to make this determination as further described herein. Light sleep includes sleep that falls into the categories of Stage 1 and Stage 2 in accordance with an aspect of the disclosure. When the user is determined to be in light sleep at 210, the user is alerted at 208 (e.g., via patient device 122 and/or patient monitor sensors 102) for medication delivery. After alerting the user at 208, the algorithm advances back to 204. When the user is determined to not be in light sleep at 210, the algorithm advances to 212… Deep sleep includes sleep that falls into the categories of Stage 3 and Stage 4 in accordance with an aspect of the disclosure. When the user is determined to not be in deep or REM sleep at 212, the user is alerted at 208 (e.g., via patient device 122 and/or patient monitor sensors 102) for medication delivery. After alerting the user at 208, the algorithm advances back to 204. When the user is determined to be in deep and/or REM sleep at 212, the algorithm advances to 214… At 214, the computing device determines whether a maximum wait time is exceeded…the waking/alerting algorithm 200 executes on a computing device as part of a larger (e.g., hospital-wide) system. Exemplary computing devices on which the waking/alerting algorithm 200 can be executed include, but are not limited to, a smartwatch, an activity monitor, a smartphone, and the like. In an embodiment, the user is alerted via the device that executes the waking/alerting algorithm 200 (e.g., a smartwatch, an activity monitor, a smartphone, etc.). In another embodiment, the user is alerted via an external device, such as a pager, an alarm clock, a notification given to a healthcare provider or other caregiver, and the like).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Clark ¶0004 teaches that it is desirable to correct problems involving patients who are medicated or overmedicated for reasons unrelated to their health or treatment;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Clark Abstract teaches systems and methods for generating an optimized treatment experience for a patient, and Saroka Abstract teaches a wearable monitoring apparatus for monitoring at least one biological parameter of an internal tissue of an ambulatory user, and Errico Abstract teaches a system including memory that stores a first content; a medical device coupled to a processor; and a reader coupled to the processor, wherein the reader is configured to read a second content from a storage medium such that the processor switches the medical device from a first mode to a second mode based on the first content corresponding to the second content, and Bonutti Abstract teaches optimizing and/or personalizing activities to a user through artificial intelligence and/or virtual reality; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Clark in view of Saroka in further view of Errico at least the above cited paragraphs, and Bonutti at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Although not explicitly taught by Clark in view of Saroka in further view of Errico, Bonutti teaches in the analogous art of system for AI and/or VR for activity optimization:
Claim 12. The robotic system according to claim 11, wherein the plurality of physical therapy categories includes: a first physical therapy category that includes a first set of stimulus-response pairs of the plurality of stimulus-response pairs, suitable for a group therapy; a second physical therapy category that includes a second set of stimulus-response pairs of the plurality of stimulus-response pairs, suitable for users having at least one specific trait; and a third physical therapy category that includes a third set of stimulus-response pairs of the plurality of stimulus-response pairs, suitable for a specific user (¶¶0094-0097 At 210, the computing device determines whether the user is in light sleep. In an embodiment, the computing devices uses data collected from one or more patient monitor sensors 102 to make this determination as further described herein. Light sleep includes sleep that falls into the categories of Stage 1 and Stage 2 in accordance with an aspect of the disclosure. When the user is determined to be in light sleep at 210, the user is alerted at 208 (e.g., via patient device 122 and/or patient monitor sensors 102) for medication delivery. After alerting the user at 208, the algorithm advances back to 204. When the user is determined to not be in light sleep at 210, the algorithm advances to 212… Deep sleep includes sleep that falls into the categories of Stage 3 and Stage 4 in accordance with an aspect of the disclosure. When the user is determined to not be in deep or REM sleep at 212, the user is alerted at 208 (e.g., via patient device 122 and/or patient monitor sensors 102) for medication delivery. After alerting the user at 208, the algorithm advances back to 204. When the user is determined to be in deep and/or REM sleep at 212, the algorithm advances to 214… At 214, the computing device determines whether a maximum wait time is exceeded…the waking/alerting algorithm 200 executes on a computing device as part of a larger (e.g., hospital-wide) system. Exemplary computing devices on which the waking/alerting algorithm 200 can be executed include, but are not limited to, a smartwatch, an activity monitor, a smartphone, and the like. In an embodiment, the user is alerted via the device that executes the waking/alerting algorithm 200 (e.g., a smartwatch, an activity monitor, a smartphone, etc.). In another embodiment, the user is alerted via an external device, such as a pager, an alarm clock, a notification given to a healthcare provider or other caregiver, and the like.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Clark ¶0004 teaches that it is desirable to correct problems involving patients who are medicated or overmedicated for reasons unrelated to their health or treatment;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Clark Abstract teaches systems and methods for generating an optimized treatment experience for a patient, and Saroka Abstract teaches a wearable monitoring apparatus for monitoring at least one biological parameter of an internal tissue of an ambulatory user, and Errico Abstract teaches a system including memory that stores a first content; a medical device coupled to a processor; and a reader coupled to the processor, wherein the reader is configured to read a second content from a storage medium such that the processor switches the medical device from a first mode to a second mode based on the first content corresponding to the second content, and Bonutti Abstract teaches optimizing and/or personalizing activities to a user through artificial intelligence and/or virtual reality; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Clark in view of Saroka in further view of Errico at least the above cited paragraphs, and Bonutti at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the system for AI and/or VR for activity optimization of Bonutti with the system for generating an optimized patient treatment experience of Clark in view of Saroka in further view of Errico. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
As per claims 13,14,15,16,17,18,19 and 20, the method and medium tracks the system of claims 1,3,4,7&2,8&2,9&10,1 and 3 respectively, resulting in substantially similar limitations. The same cited prior art and rationale of claims 1,3,4,7&2,8&2,9&10,1 and 3 are applied to claims 13,14,15,16,17,18,19 and 20, respectively. Clark discloses that the embodiment may be found as a manufacture (Fig. 1 and ¶0516).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KURTIS GILLS/Primary Examiner, Art Unit 3624
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