Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status Of Claims
This action is in reply to the application filed on 07/21/2025.
Claims 1-20 are currently pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-20: Step 1
Claims 1-13 are drawn to a computer-implemented system, which is within the four statutory categories (i.e. machine). Claim 14-20 is drawn to a method for controlling an electromechanical machine, which is within the four statutory categories (i.e. process).
Claims 1-20: Step 2A Prong One
Claim 1 recites one or more processing devices configured to receive attribute data associated with a user, determine, based on the attribute data, at least one probability of being eligible for a bariatric procedure to be performed on the user, and generate, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one probability, and the electromechanical machine configured, for the purpose of implementing the treatment plan, to be controlled to set one or more operating parameters of the electromechanical machine. Claim 14 recites similar limitations.
These limitations, as drafted, given the broadest reasonable interpretation, but for the recitation of generic computer components, encompass managing personal behavior by manually following rules or instructions, which is a subgrouping of Certain Methods of Organizing Human Activity. But for the recitation of generic computer components, these limitations encompass a user receiving attribute data associated with a user, determining, based on the attribute data, at least one probability of being eligible for a bariatric procedure to be performed on the user, and generating, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one probability, and the electromechanical machine configured, for the purpose of implementing the treatment plan, to be controlled to set one or more operating parameters of the electromechanical machine. These steps could be carried out manually by a user following rules or instructions, which is a subgrouping of Certain Methods of Organizing Human Activity. Claim 14 recite similar limitations.
Claims 2-13 and 15-20 incorporate the abstract idea identified above and recite additional limitations that expand on the abstract idea, but for the recitation of generic computer components. Claim 2 further defines generating and transmitting measurement information and selectively adjusting operating parameters. Claims 3 and 16 further define executing an attribute data model and generating a selected set of attribute data. Claims 4 and 17 further define executing a probability model. Claims 5 and 18 further define executing a treatment plan model. Claims 6 and 19 further define generating a recommendation based on at least one probability and the attribute data. Claims 7 and 20 further define subsequent to implementing the treatment plan, configuring to modify the treatment plan based on the recommendations. Claim 8 further defines transmitting the modified treatment plan. Claim 9 further defines initiating a telemedicine session. Claims 10 and 15 further define the attribute data. Claim 11 further defines generating the treatment plan. Claim 12 further defines modifying the treatment plan to decrease a probability. Claim 13 further defines modifying parameters of the treatment apparatus. Therefore, these claims are similarly drawn to Certain Methods of Organizing Human Activity.
Claims 1-20: Step 2A Prong Two
This judicial exception is not integrated into a practical application because the remaining elements amount to no more than general purpose computer components programmed to perform the abstract ideas along with insignificant, extra-solution data gathering activity, and adding limitations similar to adding the words “apply it” to the abstract idea. Claim 1 recites the additional elements that the computer-implemented system comprises one or more processing devices, and the user using the electromechanical machine. Claim 14 recites additional elements of a processing device performing the method steps, and the user using the electromechanical machine.
Claims 1-20, directly or indirectly, recite the following generic computer components: “computer-implemented system,” and “method comprising one or more processing devices” which are similar to adding the words “apply it” to the abstract idea. The written description discloses that the recited computer components encompass generic components including “The method 800 is performed by processing logic that may include hardware (circuitry, dedicated logic, etc.), software (such as is run on a general-purpose computer system or a dedicated machine), or a combination of both. The method 800 and/or each of its individual functions, routines, other methods, scripts, subroutines, or operations may be performed by one or more processors of a computing device“ (see at least Paragraph [0167]), “The computer system may be a personal computer (PC), a tablet computer, a wearable (e.g., wristband), a set-top box (STB), a personal Digital Assistant (PDA), a mobile phone, a camera, a video camera, an Internet of Things (IoT) device, or any device capable of executing a set of instructions (sequential or otherwise) that specify actions to be taken by that device” (see at least Paragraph [0186]) and “Processing device 1102 represents one or more general-purpose processing devices such as a microprocessor, central processing unit, or the like” (see at least Paragraph [0188]). Although the additional elements limits the identified judicial exceptions, this type of limitation merely confines the use of the abstract idea to a particular technological environment, and thus fails to add an inventive concept to the claims. See MPEP 2106.05 (h). As set forth in the 2019 Eligibility Guidance, 84 Fed. Reg. at 55 “merely include[ing] instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application.
Claims 1-20: Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because as discussed above with respect to integration into a practical application, the additional elements are recited at a high level of generality, and the written description indicates that these elements are generic computer components. Using generic computer components to perform abstract ideas does not provide a necessary inventive concept. See Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”). As explained above, the generic computer components and machine learning are at best the equivalent of merely adding the words “apply it” to the judicial exception.
Receiving and transmitting data over a network (i.e. receiving and communicating data or signals) has been recognized as well-understood, routine, and conventional activity of a general-purpose computer (see MPEP 2106.05(d) and buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014)).
Gathering and analyzing information using conventional techniques and displaying the result has also been found to be insufficient to show an improvement to technology, (see MPEP 2106.05(a) and TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48).
Insignificant, extra solution, data gathering activity has been found to not amount to significantly more than an abstract idea (see MPEP 2106.05(g) and Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354-55, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016)). Therefore, the high-level recitation of an output of results also fails to include additional elements that are sufficient to amount to significantly more than the judicial exception.
Therefore, whether considered alone or in combination, the additional elements do not amount to significantly more than the abstract idea.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
Non-statutory Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,367,960. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below.
Claim 1 in the Present Application (Application Serial No. 19/275,187)
Claim 1 of Patent No. US 12,367,960, issued on July 22, 2025 (with minor differences identified in bold and underlined font)
1. A computer-implemented system for controlling an electromechanical machine, the computer-implemented system comprising:
1. A computer-implemented system for controlling a treatment apparatus, the computer-implemented system comprising:
one or more processing devices configured to
one or more processing devices configured to
receive attribute data associated with a user, determine, based on the attribute data, at least one probability of being eligible for a bariatric procedure to be performed on the user, and generate, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one probability;
receive attribute data associated with a user, determine, based on the attribute data, at least one probability of being eligible for the first bariatric procedure to be performed on the user, and generate, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one of the probability;
and the electromechanical machine configured, for the purpose of implementing the treatment plan, to be controlled to set one or more operating parameters of the electromechanical machine;
and a treatment apparatus, wherein the treatment apparatus is configured (i) to implement the treatment plan by controlling, based on the treatment plan, one or more operating parameters of an electromechanical machine of the treatment apparatus, (ii) generate and transmit, to the one or more processing devices, measurement information associated with performance of the treatment plan by the user while using the electromechanical machine, wherein the attribute data includes the measurement information, and (iii) selectively adjust the one or more operating parameters in response to modifications, by the one or more processing devices, of the treatment plan.
Claim 2 in the Present Application (Application Serial No. 19/275,187)
Claim 2 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960; note that claim 2 of the present application is similar to the minor differences noted in claim 1 of Patent No. US 12,367,960
2. The computer-implemented system of claim 1, wherein the electromechanical machine is configured to (ii) generate and transmit, to the one or more processing devices, measurement information associated with performance of the treatment plan by the user while using the electromechanical machine, wherein the attribute data includes the measurement information, and (iii) selectively adjust the one or more operating parameters in response to modifications, by the one or more processing devices, of the treatment plan.
2. The computer-implemented system of claim 1, wherein the attribute data includes data associated with bariatric health of the user.
Claim 3 in the Present Application (Application Serial No. 19/275,187)
Claim 3 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
3. The computer-implemented system of claim 1, wherein the one or more processing devices are configured to execute an attribute data model, and the one or more processing devices generate a selected set of the attribute data, the attribute model is configured to at least one of assign weights to the attribute data, rank the attribute data, and filter the attribute data.
3. The computer-implemented system of claim 1, wherein the one or more processing devices are configured to execute an attribute data model, and the one or more processing devices generate a selected set of the attribute data, the attribute model is configured to at least one of assign weights to the attribute data, rank the attribute data, and filter the attribute data.
Claim 4 in the Present Application (Application Serial No. 19/275,187)
Claim 4 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
4. The computer-implemented system of claim 3, wherein the one or more processing devices are configured to execute a probability model, wherein the probability model is configured to determine the at least one probability.
4. The computer-implemented system of claim 3, wherein the one or more processing devices are configured to execute a probability model, wherein the probability model is configured to determine the at least one probability.
Claim 5 in the Present Application (Application Serial No. 19/275,187)
Claim 5 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
5. The computer-implemented system of claim 3, wherein the one or more processing devices are configured to execute a treatment plan model, wherein the treatment plan model is configured to generate the treatment plan to modify the at least one probability.
5. The computer-implemented system of claim 3, wherein the one or more processing devices are configured to execute a treatment plan model, wherein the treatment plan model is configured to generate the treatment plan to modify the at least one probability.
Claim 6 in the Present Application (Application Serial No. 19/275,187)
Claim 6 of Patent No. US 12,367,960 issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
6. The computer-implemented system of claim 1, wherein the one or more processing devices are further configured to generate, based on the at least one probability and the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
6. The computer-implemented system of claim 1, wherein the one or more processing devices are further configured to generate, based on the at least one probability and the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
Claim 7 in the Present Application (Application Serial No. 19/275,187)
Claim 7 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
7. The computer-implemented system of claim 6, wherein, subsequent to implementing the treatment plan using the treatment apparatus, the one or more processing devices are configured, based on the recommendations, to modify the treatment plan.
7. The computer-implemented system of claim 6, wherein, subsequent to implementing the treatment plan using the treatment apparatus, the one or more processing devices are configured, based on the recommendations, to modify the treatment plan.
Claim 8 in the Present Application (Application Serial No. 19/275,187)
Claim 8 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
8. The computer-implemented system of claim 7, wherein the one or more processing devices are configured to transmit the modified treatment plan to cause the treatment apparatus to implement at least one modified exercise of the modified treatment plan.
8. The computer-implemented system of claim 7, wherein the one or more processing devices are configured to transmit the modified treatment plan to cause the treatment apparatus to implement at least one modified exercise of the modified treatment plan.
Claim 9 in the Present Application (Application Serial No. 19/275,187)
Claim 9 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
9. The computer-implemented system of claim 1, wherein, while the user performs the treatment plan, the one or more processing devices are configured to initiate a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
9. The computer-implemented system of claim 1, wherein, while the user performs the treatment plan, the one or more processing devices are configured to initiate a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
Claim 10 in the Present Application (Application Serial No. 19/275,187)
Claim 10 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
10. The computer-implemented system of claim 1, wherein the attribute data includes data related to comorbid conditions of the user.
10. The computer-implemented system of claim 1, wherein the attribute data includes data related to comorbid conditions of the user.
Claim 11 in the Present Application (Application Serial No. 19/275,187)
Claim 11 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
11. The computer-implemented system of claim 10, wherein the one or more processing devices are configured, further based on the data related to the comorbid conditions of the user, to generate the treatment plan.
11. The computer-implemented system of claim 10, wherein the one or more processing devices are configured, further based on the data related to the comorbid conditions of the user, to generate the treatment plan.
Claim 12 in the Present Application (Application Serial No. 19/275,187)
Claim 12 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
12. The computer-implemented system of claim 11, wherein the one or more processing devices are configured, based on the data related to the comorbid conditions of the user, to modify the treatment plan to decrease at least one of (i) a second probability that the comorbid conditions will interfere with the treatment plan and (ii) a third probability that the treatment plan will worsen the comorbid conditions.
12. The computer-implemented system of claim 11, wherein the one or more processing devices are configured, based on the data related to the comorbid conditions of the user, to modify the treatment plan to decrease at least one of (i) a second probability that the comorbid conditions will interfere with the treatment plan and (ii) a third probability that the treatment plan will worsen the comorbid conditions.
Claim 13 in the Present Application (Application Serial No. 19/275,187)
Claim 13 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 12,367,960)
13. The computer-implemented system of claim 11, wherein the one or more processing devices are configured, based on the data related to the comorbid conditions of the user, to modify parameters of the treatment apparatus.
13. The computer-implemented system of claim 11, wherein the one or more processing devices are configured, based on the data related to the comorbid conditions of the user, to modify parameters of the treatment apparatus.
Claim 14 in the Present Application (Application Serial No. 19/275,187)
Claim 14 of Patent No. US 12,367,960, issued on July 22, 2025 (with minor differences identified in bold and underlined font)
14. A method for controlling an electromechanical machine, the method comprising:
14. A method for controlling a treatment apparatus, the method comprising:
at one or more processing devices,
at one or more processing devices,
receiving attribute data associated with a user, determining, based on the attribute data, at least one of a probability of being eligible for a bariatric procedure to be performed on the user, and generating, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one of the probability;
receiving attribute data associated with a user, determining, based on the attribute data, at least one of a probability of being eligible for the first bariatric procedure to be performed on the user, and generating, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one of the probability;
and causing the electromechanical machine to be controlled to implement the treatment plan.
and controlling a treatment apparatus to implement the treatment plan, wherein controlling the treatment apparatus includes (i) controlling, based on the treatment plan, one or more operating parameters of an electromechanical machine of the apparatus, (ii) generating and transmitting, to the one or more processing devices, measurement information associated with performance of the treatment plan by the user while using the electromechanical machine, wherein the attribute data includes the measurement information, and (iii) selectively adjusting the one or more operating parameters of the electromechanical machine in response to modifications, by the one or more processing devices, of the treatment plan.
Claim 15 in the Present Application (Application Serial No. 19/275,187)
Claim 15 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 12,367,960)
15. The method of claim 14, wherein the attribute data includes data associated with bariatric health of the user.
15. The method of claim 14, wherein the attribute data includes data associated with bariatric health of the user.
Claim 16 in the Present Application (Application Serial No. 19/275,187)
Claim 16 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 12,367,960)
16. The method of claim 14, further comprising, using the one or more processing devices, executing an attribute data model, and generating a selected set of the attribute data includes at least one of assigning weights to the attribute data, ranking the attribute data, and filtering the attribute data.
16. The method of claim 14, further comprising, using the one or more processing devices, executing an attribute data model, and generating a selected set of the attribute data includes at least one of assigning weights to the attribute data, ranking the attribute data, and filtering the attribute data.
Claim 17 in the Present Application (Application Serial No. 19/275,187)
Claim 17 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 12,367,960)
17. The method of claim 16, further comprising, using the one or more processing devices, executing a probability model to determine the at least one of the probability.
17. The method of claim 16, further comprising, using the one or more processing devices, executing a probability model to determine the at least one of the probability.
Claim 18 in the Present Application (Application Serial No. 19/275,187)
Claim 18 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 12,367,960)
18. The method of claim 16, further comprising, using the one or more processing devices, executing a treatment plan model to generate the treatment plan to modify the at least one of the probability and a second probability.
18. The method of claim 16, further comprising, using the one or more processing devices, executing a treatment plan model to generate the treatment plan to modify the at least one of the first probability and the second probability.
Claim 19 in the Present Application (Application Serial No. 19/275,187)
Claim 19 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 12,367,960)
19. The method of claim 14, further comprising, using the one or more processing devices, generating, based on the at least one of the probability and a selected set of the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
19. The method of claim 14, further comprising, using the one or more processing devices, generating, based on the at least one of the probability and a selected set of the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
Claim 20 in the Present Application (Application Serial No. 19/275,187)
Claim 20 of Patent No. US 12,367,960, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 12,367,960)
20. The method of claim 19, further comprising, subsequent to implementing the treatment plan using the treatment apparatus and using the one or more processing devices, modifying the recommendations based on the treatment plan.
20. The method of claim 19, further comprising, subsequent to implementing the treatment plan using the treatment apparatus and using the one or more processing devices, modifying the recommendations based on the treatment plan.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,961,603. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below.
Claim 1 in the Present Application (Application Serial No. 19/275,187)
Claim 1 of Patent No. US 11,961,603, issued on April 16, 2024 (with minor differences identified in bold and underlined font)
1. A computer-implemented system for controlling an electromechanical machine, the computer-implemented system comprising:
1. A computer-implemented system for controlling a treatment apparatus, the computer-implemented system comprising:
one or more processing devices configured to
one or more processing devices that
receive attribute data associated with a user, determine, based on the attribute data, at least one probability of being eligible for a bariatric procedure to be performed on the user, and generate, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one probability;
receive attribute data associated with a user, generate, based on at least one of a first bariatric procedure to be performed on the user and a second bariatric procedure already performed on the user, a selected set of the attribute data, determine, based on the selected set of the attribute data, at least one of (i) a first probability of being eligible for the first bariatric procedure to be performed on the user and (ii) a second probability of improving a bariatric condition of the user subsequent to the second bariatric procedure being performed on the user, and generate, based on the at least one of the first probability and the second probability, a treatment plan that includes one or more exercises directed to modifying the at least one of the first probability and the second probability;
and the electromechanical machine configured, for the purpose of implementing the treatment plan, to be controlled to set one or more operating parameters of the electromechanical machine;
and a treatment apparatus, wherein the treatment apparatus (i) implements the treatment plan by controlling, based on the treatment plan, one or more operating parameters of the treatment apparatus, (ii) generates and transmits, to the one or more processing devices, measurement information associated with performance of the treatment plan by the user while the user uses the electromechanical machine, wherein the attribute data includes the measurement information, and (iii) selectively adjust the one or more operating parameters in response to modifications, by the one or more processing devices, of the treatment plan.
Claim 2 in the Present Application (Application Serial No. 19/275,187)
Claim 2 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603; note that claim 2 of the present application is similar to the minor differences noted in claim 1 of Patent No. US 11,961,603)
2. The computer-implemented system of claim 1, wherein the electromechanical machine is configured to (ii) generate and transmit, to the one or more processing devices, measurement information associated with performance of the treatment plan by the user while using the electromechanical machine, wherein the attribute data includes the measurement information, and (iii) selectively adjust the one or more operating parameters in response to modifications, by the one or more processing devices, of the treatment plan.
2. The computer-implemented system of claim 1, wherein the attribute data includes data associated with bariatric health of the user.
Claim 3 in the Present Application (Application Serial No. 19/275,187)
Claim 3 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
3. The computer-implemented system of claim 1, wherein the one or more processing devices are configured to execute an attribute data model, and the one or more processing devices generate a selected set of the attribute data, the attribute model is configured to at least one of assign weights to the attribute data, rank the attribute data, and filter the attribute data.
3. The computer-implemented system of claim 1, wherein the one or more processing devices execute an attribute data model, and wherein, to generate the selected set of the attribute data, the attribute model at least one of assigns weights to the attribute data, ranks the attribute data, and filters the attribute data.
Claim 4 in the Present Application (Application Serial No. 19/275,187)
Claim 4 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
4. The computer-implemented system of claim 3, wherein the one or more processing devices are configured to execute a probability model, wherein the probability model is configured to determine the at least one probability.
4. The computer-implemented system of claim 3, wherein the one or more processing devices execute a probability model, wherein the probability model determines the at least one of the first probability and the second probability.
Claim 5 in the Present Application (Application Serial No. 19/275,187)
Claim 5 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
5. The computer-implemented system of claim 3, wherein the one or more processing devices are configured to execute a treatment plan model, wherein the treatment plan model is configured to generate the treatment plan to modify the at least one probability.
5. The computer-implemented system of claim 3, wherein the one or more processing devices execute a treatment plan model, wherein the treatment plan model generates the treatment plan to modify the at least one of the first probability and the second probability.
Claim 6 in the Present Application (Application Serial No. 19/275,187)
Claim 6 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
6. The computer-implemented system of claim 1, wherein the one or more processing devices are further configured to generate, based on the at least one probability and the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
6. The computer-implemented system of claim 1, wherein the one or more processing devices generate, based on the at least one of the first probability and the second probability and the selected set of the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
Claim 7 in the Present Application (Application Serial No. 19/275,187)
Claim 7 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
7. The computer-implemented system of claim 6, wherein, subsequent to implementing the treatment plan using the treatment apparatus, the one or more processing devices are configured, based on the recommendations, to modify the treatment plan.
7. The computer-implemented system of claim 6, wherein, subsequent to implementing the treatment plan using the treatment apparatus, the one or more processing devices modify, based on the recommendations, the treatment plan.
Claim 8 in the Present Application (Application Serial No. 19/275,187)
Claim 8 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
8. The computer-implemented system of claim 7, wherein the one or more processing devices are configured to transmit the modified treatment plan to cause the treatment apparatus to implement at least one modified exercise of the modified treatment plan.
8. The computer-implemented system of claim 7, wherein the one or more processing devices transmit the modified treatment plan to cause the treatment apparatus to implement at least one modified exercise of the modified treatment plan.
Claim 9 in the Present Application (Application Serial No. 19/275,187)
Claim 9 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
9. The computer-implemented system of claim 1, wherein, while the user performs the treatment plan, the one or more processing devices are configured to initiate a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
9. The computer-implemented system of claim 1, wherein, while the user performs the treatment plan, the one or more processing devices initiate a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
Claim 10 in the Present Application (Application Serial No. 19/275,187)
Claim 10 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
10. The computer-implemented system of claim 1, wherein the attribute data includes data related to comorbid conditions of the user.
10. The computer-implemented system of claim 1, wherein the attribute data includes data related to comorbid conditions of the user.
Claim 11 in the Present Application (Application Serial No. 19/275,187)
Claim 11 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
11. The computer-implemented system of claim 10, wherein the one or more processing devices are configured, further based on the data related to the comorbid conditions of the user, to generate the treatment plan.
11. The computer-implemented system of claim 10, wherein the one or more processing devices generate, further based on the data related to the comorbid conditions of the user, the treatment plan.
Claim 12 in the Present Application (Application Serial No. 19/275,187)
Claim 12 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
12. The computer-implemented system of claim 11, wherein the one or more processing devices are configured, based on the data related to the comorbid conditions of the user, to modify the treatment plan to decrease at least one of (i) a second probability that the comorbid conditions will interfere with the treatment plan and (ii) a third probability that the treatment plan will worsen the comorbid conditions.
12. The computer-implemented system of claim 11, wherein the one or more processing devices modify, based on the data related to the comorbid conditions of the user, the treatment plan to decrease at least one of (i) a third probability that the comorbid conditions will interfere with the treatment plan and (ii) a fourth probability that the treatment plan will worsen the comorbid conditions.
Claim 13 in the Present Application (Application Serial No. 19/275,187)
Claim 13 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 1 in the present application to claim 1 of Patent No. US 11,961,603)
13. The computer-implemented system of claim 11, wherein the one or more processing devices are configured, based on the data related to the comorbid conditions of the user, to modify parameters of the treatment apparatus.
13. The computer-implemented system of claim 11, wherein the one or more processing devices modify, based on the data related to the comorbid conditions of the user, parameters of the treatment apparatus.
Claim 14 in the Present Application (Application Serial No. 19/275,187)
Claim 14 of Patent No. US 11,961,603, issued on April 16, 2024 (with minor differences identified in bold and underlined font)
14. A method for controlling an electromechanical machine, the method comprising:
14. A method for controlling a treatment apparatus, the method comprising:
at one or more processing devices,
at one or more processing devices,
receiving attribute data associated with a user, determining, based on the attribute data, at least one of a probability of being eligible for a bariatric procedure to be performed on the user, and generating, based on the at least one of the probability, a treatment plan that includes one or more exercises directed to modifying the at least one of the probability;
receiving attribute data associated with a user, generating, based on at least one of a first bariatric procedure to be performed on the user and a second bariatric procedure already performed on the user, a selected set of the attribute data, determining, based on the selected set of the attribute data, at least one of (i) a first probability of being eligible for the first bariatric procedure to be performed on the user and (ii) a second probability of improving a bariatric condition of the user subsequent to the second bariatric procedure being performed on the user, and generating, based on the at least one of the first probability and the second probability, a treatment plan that includes one or more exercises directed to modifying the at least one of the first probability and the second probability;
and causing the electromechanical machine to be controlled to implement the treatment plan.
and controlling a treatment apparatus, to implement the treatment plan, wherein controlling the treatment apparatus includes (i) controlling, based on the treatment plan, one or more operating parameters of an electromechanical machine of the apparatus, (ii) generating and transmitting, to the one or more processing devices, measurement information associated with performance of the treatment plan by the user while the user uses the electromechanical machine, wherein the attribute data includes the measurement information, and (iii) selectively adjusting the one or more operating parameters of the electromechanical machine in response to modifications, by the one or more processing devices, of the treatment plan.
Claim 15 in the Present Application (Application Serial No. 19/275,187)
Claim 15 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 11,961,603)
15. The method of claim 14, wherein the attribute data includes data associated with bariatric health of the user.
15. The method of claim 14, wherein the attribute data includes data associated with bariatric health of the user.
Claim 16 in the Present Application (Application Serial No. 19/275,187)
Claim 16 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 11,961,603)
16. The method of claim 14, further comprising, using the one or more processing devices, executing an attribute data model, and generating a selected set of the attribute data includes at least one of assigning weights to the attribute data, ranking the attribute data, and filtering the attribute data.
16. The method of claim 14, further comprising, using the one or more processing devices, executing an attribute data model, and generating a selected set of the attribute data includes at least one of assigning weights to the attribute data, ranking the attribute data, and filtering the attribute data.
Claim 17 in the Present Application (Application Serial No. 19/275,187)
Claim 17 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 11,961,603)
17. The method of claim 16, further comprising, using the one or more processing devices, executing a probability model to determine the at least one of the probability.
17. The method of claim 16, further comprising, using the one or more processing devices, executing a probability model to determine the at least one of the probability.
Claim 18 in the Present Application (Application Serial No. 19/275,187)
Claim 18 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 11,961,603)
18. The method of claim 16, further comprising, using the one or more processing devices, executing a treatment plan model to generate the treatment plan to modify the at least one of the probability and a second probability.
18. The method of claim 16, further comprising, using the one or more processing devices, executing a treatment plan model to generate the treatment plan to modify the at least one of the first probability and the second probability.
Claim 19 in the Present Application (Application Serial No. 19/275,187)
Claim 19 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 11,961,603)
19. The method of claim 14, further comprising, using the one or more processing devices, generating, based on the at least one of the probability and a selected set of the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
19. The method of claim 14, further comprising, using the one or more processing devices, generating, based on the at least one of the probability and a selected set of the attribute data, a recommendation of whether the user should undergo the first bariatric procedure.
Claim 20 in the Present Application (Application Serial No. 19/275,187)
Claim 20 of Patent No. US 11,961,603, issued on April 16, 2024 (with the only differences being the minor differences identified above in the comparison of claim 14 in the present application to claim 14 of Patent No. US 11,961,603)
20. The method of claim 19, further comprising, subsequent to implementing the treatment plan using the treatment apparatus and using the one or more processing devices, modifying the recommendations based on the treatment plan.
20. The method of claim 19, further comprising, subsequent to implementing the treatment plan using the treatment apparatus and using the one or more processing devices, modifying the recommendations based on the treatment plan.
The most remarkable prior art of record is as follows:
Francois: U.S. Patent Application Publication U.S. 2017/0262604 A1
Jayalath: U.S. Patent Application Publication U.S. 2020/0151595 A1
Moturu: U.S. Patent Application Publication U.S. 2017/0004260 A1
Ridgel: U.S. Patent Application Publication U.S. 2016/0166881 A1
Kang: U.S. Patent Application Publication U.S. 2019/0066832 A1
Tuyl: U.S. Patent Application Publication U.S. 2018/0240552 A1
Denison: WIPO Publication WO 2019/143940 A1
Ishraque et al.: “Artificial Intelligences-Based Cardiac Rehabilitation Therapy Exercise Recommendation System,” 2018 IEEE MIT Undergraduate Research Technology Conference (URTC), Cambridge, MA, USA, 2018, pp. 1-5, doi: 10.1109/URTC45901.2018.8437568
Alcaraz et al., “Machine Learning as Digital Therapy Assessment for Mobile Gait Rehabilitation,” 2018 IEEE 28th International Workshop on Machine Learning for Signal Processing (MLSP), Aalborg, Denmark, 2018, pp. 1-6, doi: 10.1109/MLSP.2018.8517005
Conclusion
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/Joy Chng/
Primary Examiner, Art Unit 3686
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