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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 4 and 16 reciting limitation ”blood vessel characteristics model”, Claims 5 and 17 reciting “probability model”, Claims 6, 7, 8, 9, 18, 19 and 20 reciting “treatment plan model” and Claim 16 reciting limitation ”blood vessel model”, have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder "model" coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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 1-12 are drawn to a computer-implemented system for controlling an electromechanical machine, which is within the four statutory categories (i.e. machine). Claims 13-20 are drawn to 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 receiving blood vessel characteristics associated with a user, determining, based on the blood vessel characteristics, a probability that angiogenesis will occur, and generating, based on the probability, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur; and implementing the one or more exercises of the treatment plan. Claim 13 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 blood vessel characteristics associated with a user, determining, based on the blood vessel characteristics, a probability that angiogenesis will occur, and generating, based on the probability, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur; and implementing the one or more exercises of the treatment plan. 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 13 recites similar limitations.
Claims 2-12 and 14-20 incorporate the abstract idea identified above and recite additional limitations that expand on the abstract idea, but for the recitation of generic computer components. For example, but for the recitation of generic computer components, Claims 2 and 14 further define the blood vessel characteristics. Claims 3 and 15 further define modifying the probability that angiogenesis will occur. Claim 4 further defines executing a blood vessel characteristics model. Claims 5 and 17 further define executing a probability model. Claims 6 and 18 further define executing a treatment plan model. Claims 7, 8 and 9 further define configuring the treatment plan model. Claim 10 further defines modifying the treatment plan. Claim 11 further defines transmitting the modified treatment plan. Claim 12 further defines initiating a telemedicine session. Claim 16 further defines executing a blood vessel model. Claims 19 and 20 further define using the treatment plan model to generate the treatment plan. 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 of “computer-implemented system comprising one more processing devices” steps. Claim 13 recites additional elements of method steps using a computer-implemented system.
Claims 1-20, directly or indirectly, recite the following generic computer components: “computer-implemented system comprising one more processing devices”, and method steps using “a computer-implemented system” 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“ (see at least Paragraph [0159]), “In some embodiments, one or more operations of the method 900 are implemented in computer instructions stored on a memory device and executed by a processing device” (see at least Paragraph [0171]), 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 [0180]). . 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 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. 12,367,959. 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. 19/275,259)
Claim 1 of Patent No. US 12,367,959, 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 an electromechanical machine, the computer-implemented system comprising:
one or more processing devices that receive blood vessel characteristics associated with a user, determine, based on the blood vessel characteristics, a probability that angiogenesis will occur, and generate, based on the probability, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
one or more processing devices that receive blood vessel characteristics associated with a user, determine, based on the blood vessel characteristics, a probability that angiogenesis will occur, and generate, based on the probability and the blood vessel characteristics, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
and the electromechanical machine that is controlled by the computer-implemented system to implement the one or more exercises of the treatment plan.
and the electromechanical machine that implements the treatment plan while the electromechanical machine is being manipulated by the user, wherein, responsive to the one or more processing devices, and to implement the one or more exercises of the treatment plan directed to modifying the probability that angiogenesis will occur, the electromechanical machine is controlled by the computer-implemented system responsive to the one or more processing devices.
Claim 2 in the Present Application (Application Serial No. 19/275,259)
Claim 2 of Patent No. US 12,367,959, 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 12,367,959; note that claim 2 of the present application is similar to the minor differences noted in claim 1 of Patent No. US 12,367,959
2. The computer-implemented system of claim 1, wherein the blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
2. The computer-implemented system of claim 1, wherein the blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
Claim 3 in the Present Application (Application Serial No. 19/275,259)
Claim 3 of Patent No. US 12,367,959, 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 12,367,959)
3. The computer-implemented system of claim 1, wherein to modify the probability that angiogenesis will occur, the treatment plan is configured to one of stimulate and inhibit angiogenesis.
3. The computer-implemented system of claim 1, wherein to modify the probability that angiogenesis will occur, the treatment plan is configured to one of stimulate and inhibit angiogenesis.
Claim 4 in the Present Application (Application Serial No. 19/275,259)
Claim 4 of Patent No. US 12,367,959, 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 12,367,959)
4. The computer-implemented system of claim 1, wherein the one or more processing devices further: execute a blood vessel characteristics model, wherein the blood vessel characteristic model is configured to at least one of assign weights to blood vessel characteristics, rank the blood vessel characteristics, and filter the blood vessel characteristics.
4. The computer-implemented system of claim 1, wherein the one or more processing devices further: execute a blood vessel characteristics model, wherein the blood vessel characteristics model is configured to at least one of assign weights to blood vessel characteristics, rank the blood vessel characteristics, and filter the blood vessel characteristics.
Claim 5 in the Present Application (Application Serial No. 19/275,259)
Claim 5 of Patent No. US 12,367,959, 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 12,367,959
5. The computer-implemented system of claim 4, wherein the one or more processing devices further: execute a probability model, wherein the probability model is configured to assign weights to characteristics in input that predict that angiogenesis will occur.
5. The computer-implemented system of claim 4, wherein the one or more processing devices further: execute a probability model, wherein the probability model is configured to assign weights to characteristics in input that predict that angiogenesis will occur.
Claim 6 in the Present Application (Application Serial No. 19/275,259)
Claim 6 of Patent No. US 12,367,959 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 12,367,959)
6. The computer-implemented system of claim 4, wherein the one or more processing devices further: execute a treatment plan model, wherein the treatment plan model is configured to assign weights to characteristics that modify the treatment plan to reduce the probability that angiogenesis will occur.
6. The computer-implemented system of claim 4, wherein the one or more processing devices further: execute a treatment plan model, wherein the treatment plan model is configured to assign weights to characteristics that modify the treatment plan to reduce the probability that angiogenesis will occur.
Claim 7 in the Present Application (Application Serial No. 19/275,259)
Claim 7 of Patent No. US 12,367,959, 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 12,367,959)
7. The computer-implemented system of claim 6, wherein, based on an indication of whether angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan.
7. The computer-implemented system of claim 6, wherein, based on an indication of whether angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan
Claim 8 in the Present Application (Application Serial No. 19/275,259)
Claim 8 of Patent No. US 12,367,959, 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 12,367,959)
8. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan to increase the probability that angiogenesis will occur.
8. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan to increase the probability that angiogenesis will occur.
Claim 9 in the Present Application (Application Serial No. 19/275,259)
Claim 9 of Patent No. US 12,367,959, 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 12,367,959)
9. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is not desirable, the treatment plan model is configured to generate the treatment plan to decrease the probability that angiogenesis will occur.
9. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is not desirable, the treatment plan model is configured to generate the treatment plan to decrease the probability that angiogenesis will occur.
Claim 10 in the Present Application (Application Serial No. 19/275,259)
Claim 10 of Patent No. US 12,367,959, 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 12,367,959)
10. The computer-implemented system of claim 1, wherein, subsequent to implementing the treatment plan using the electromechanical machine, the one or more processing devices modify the treatment plan based on a determination of whether the probability that angiogenesis will occur changed.
10. The computer-implemented system of claim 1, wherein, subsequent to implementing the treatment plan using the electromechanical machine, the one or more processing devices modify the treatment plan based on a determination of whether the probability that angiogenesis will occur changed.
Claim 11 in the Present Application (Application Serial No. 19/275,259)
Claim 11 of Patent No. US 12,367,959, 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 12,367,959)
11. The computer-implemented system of claim 10, wherein the one or more processing devices transmit the modified treatment plan to cause the electromechanical machine to implement at least one modified exercise of the modified treatment plan.
11. The computer-implemented system of claim 10, wherein the one or more processing devices transmit the modified treatment plan to cause the electromechanical machine to implement at least one modified exercise of the modified treatment plan.
Claim 12 in the Present Application (Application Serial No. 19/275,259)
Claim 12 of Patent No. US 12,367,959, 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 12,367,959)
12. The computer-implemented system of claim 1, wherein the one or more processing devices initiate, while the user performs the treatment plan, a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
12. The computer-implemented system of claim 1, wherein the one or more processing devices initiate, while the user performs the treatment plan, a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
Claim 13 in the Present Application (Application Serial No. 19/275,259)
Claim 13 of Patent No. US 12,367,959, issued on July 22, 2025 (with minor differences identified in bold and underlined font)
13. A method for controlling an electromechanical machine using a computer-implemented system, the method comprising:
13. A method for controlling an electromechanical machine using a computer- implemented system, the method comprising:
receiving blood vessel characteristics associated with a user; determining, based on the blood vessel characteristics, a probability that angiogenesis will occur; generating, based on the probability, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
receiving blood vessel characteristics associated with a user; determining, based on the blood vessel characteristics, a probability that angiogenesis will occur; generating, based on the probability and the blood vessel characteristics, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
and using the electromechanical machine by controlling, by the computer-implemented system, to implement the treatment plan.
and using the electromechanical machine, implementing the treatment plan while electromechanical machine is being manipulated by the user, wherein using the electromechanical machine includes controlling, by the computer-implemented system, the electromechanical machine to implement the one or more exercises of the treatment plan directed to modifying the probability that angiogenesis will occur.
Claim 14 in the Present Application (Application Serial No. 19/275,259)
Claim 14 of Patent No. US 12,367,959, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 12,367,959)
14. The method of claim 13, wherein the blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
14. The method of claim 13, wherein the blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
Claim 15 in the Present Application (Application Serial No. 19/275,259)
Claim 15 of Patent No. US 12,367,959, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 12,367,959)
15. The method of claim 13, wherein modifying the probability that angiogenesis will occur includes one of stimulating and inhibiting angiogenesis.
15. The method of claim 13, wherein modifying the probability that angiogenesis will occur includes one of stimulating and inhibiting angiogenesis.
Claim 16 in the Present Application (Application Serial No. 19/275,259)
Claim 16 of Patent No. US 12,367,959, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 12,367,959)
16. The method of claim 13, further comprising: executing a blood vessel model, wherein the blood vessel model is configured to at least one of: assign weights to the blood vessel characteristics, rank ranking the blood vessel characteristics, and filter the blood vessel characteristics
16. The method of claim 13, further comprising: executing a blood vessel model, wherein the blood vessel model is configured to at least one of: assign weights to the blood vessel characteristics, rank the blood vessel characteristics, and filter the blood vessel characteristics
Claim 17 in the Present Application (Application Serial No. 19/275,259)
Claim 17 of Patent No. US 12,367,959, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 12,367,959)
17. The method of claim 16, further comprising: executing a probability model, wherein the probability model is configured to assign weights to characteristics in input that predict that angiogenesis will occur
17. The method of claim 16, further comprising: executing a probability model, wherein the probability model is configured to assign weights to characteristics in input that predict that angiogenesis will occur.
Claim 18 in the Present Application (Application Serial No. 19/275,259)
Claim 18 of Patent No. US 12,367,959, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 12,367,959)
18. The method of claim 16, further comprising: executing a treatment plan model, wherein the treatment plan model is configured to assign weights to characteristics that modify the treatment plan to reduce the probability that angiogenesis will occur.
18. The method of claim 16, further comprising: executing a treatment plan model, wherein the treatment plan model is configured to assign weights to characteristics that modify the treatment plan to reduce the probability that angiogenesis will occur.
Claim 19 in the Present Application (Application Serial No. 19/275,259)
Claim 19 of Patent No. US 12,367,959, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 12,367,959)
19. The method of claim 18, further comprising: based on an indication of whether angiogenesis is desirable, using the treatment plan model to generate the treatment plan.
19. The method of claim 18, further comprising: based on an indication of whether angiogenesis is desirable, using the treatment plan model to generate the treatment plan.
Claim 20 in the Present Application (Application Serial No. 19/275,259)
Claim 20 of Patent No. US 12,367,959, issued on July 22, 2025 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 12,367,959)
20. The method of claim 18, further comprising: in response to a determination that angiogenesis is desirable, using the treatment plan model to generate the treatment plan to increase the probability that angiogenesis will occur.
20. The method of claim 18, further comprising; in response to a determination that angiogenesis is desirable, using the treatment plan model to generate the treatment plan to increase the probability that angiogenesis will occur.
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. 11,955,221. 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. 19/275,259)
Claim 1 of Patent No. US 11,955,221, issued on April 9, 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 that receive blood vessel characteristics associated with a user, determine, based on the blood vessel characteristics, a probability that angiogenesis will occur, and generate, based on the probability, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
one or more processing devices that receives a plurality of user and blood vessel characteristics associated with a user, generates a selected set of user and blood vessel characteristics, determines, based on the selected set of the user and blood vessel characteristics, a probability that angiogenesis will occur, and generates, based on the probability and the selected set of the user and blood vessel characteristics, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
and the electromechanical machine that is controlled by the computer-implemented system to implement the one or more exercises of the treatment plan.
a treatment apparatus that implements the treatment plan while the treatment apparatus is being manipulated by the user, wherein, to implement the one or more exercises of the treatment plan directed to modifying the probability that angiogenesis will occur, the treatment apparatus includes an electromechanical machine controlled by the computer- implemented system responsive to the one or more processing devices.
Claim 2 in the Present Application (Application Serial No. 19/275,259)
Claim 2 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
2. The computer-implemented system of claim 1, wherein the blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
2. The computer-implemented system of claim 1, wherein the user and blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
Claim 3 in the Present Application (Application Serial No. 19/275,259)
Claim 3 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
3. The computer-implemented system of claim 1, wherein to modify the probability that angiogenesis will occur, the treatment plan is configured to one of stimulate and inhibit angiogenesis.
3. The computer-implemented system of claim 1, wherein to modify the probability that angiogenesis will occur, the treatment plan is configured to one of stimulate and inhibit angiogenesis.
Claim 4 in the Present Application (Application Serial No. 19/275,259)
Claim 4 of Patent No. US 11,955,221, issued on April 9, 2024 (with minor differences identified in bold and underlined font)
4. The computer-implemented system of claim 1, wherein the one or more processing devices further: execute a blood vessel characteristics model, wherein the blood vessel characteristic model is configured to at least one of assign weights to blood vessel characteristics, rank the blood vessel characteristics, and filter the blood vessel characteristics.
4. The computer-implemented system of claim 1, wherein the one or more processing devices execute a blood vessel characteristics model, and wherein to generate the selected set of the user and blood vessel characteristics, the user and blood vessel characteristics model is configured to at least one of assign weights to the user and blood vessel characteristics, rank the user and blood vessel characteristics, and filter the user and blood vessel characteristics.
Claim 5 in the Present Application (Application Serial No. 19/275,259)
Claim 5 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
5. The computer-implemented system of claim 4, wherein the one or more processing devices further: execute a probability model, wherein the probability model is configured to assign weights to characteristics in input that predict that angiogenesis will occur.
5. The computer-implemented system of claim 4, wherein the one or more processing devices execute a probability model, wherein the probability model is configured to determine the probability that angiogenesis will occur.
Claim 6 in the Present Application (Application Serial No. 19/275,259)
Claim 6 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
6. The computer-implemented system of claim 4, wherein the one or more processing devices further: execute a treatment plan model, wherein the treatment plan model is configured to assign weights to characteristics that modify the treatment plan to reduce the probability that angiogenesis will occur.
6. The computer-implemented system of claim 4, wherein the one or more processing devices execute a treatment plan model, wherein the treatment plan model is configured to generate the treatment plan to modify the probability that angiogenesis will occur.
Claim 7 in the Present Application (Application Serial No. 19/275,259)
Claim 7 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
7. The computer-implemented system of claim 6, wherein, based on an indication of whether angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan.
7. The computer-implemented system of claim 6, wherein, based on an indication of whether angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan.
Claim 8 in the Present Application (Application Serial No. 19/275,259)
Claim 8 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
8. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan to increase the probability that angiogenesis will occur.
8. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is desirable, the treatment plan model is configured to generate the treatment plan to increase the probability that angiogenesis will occur.
Claim 9 in the Present Application (Application Serial No. 19/275,259)
Claim 9 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
9. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is not desirable, the treatment plan model is configured to generate the treatment plan to decrease the probability that angiogenesis will occur.
9. The computer-implemented system of claim 6, wherein, in response to a determination that angiogenesis is not desirable, the treatment plan model is configured to generate the treatment plan to decrease the probability that angiogenesis will occur.
Claim 10 in the Present Application (Application Serial No. 19/275,259)
Claim 10 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
10. The computer-implemented system of claim 1, wherein, subsequent to implementing the treatment plan using the electromechanical machine, the one or more processing devices modify the treatment plan based on a determination of whether the probability that angiogenesis will occur changed.
10. The computer-implemented system of claim 1, wherein, subsequent to implementing the treatment plan using the treatment apparatus, the one or more processing devices modify the treatment plan based on a determination of whether the probability that angiogenesis will occur changed.
Claim 11 in the Present Application (Application Serial No. 19/275,259)
Claim 11 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
11. The computer-implemented system of claim 10, wherein the one or more processing devices transmit the modified treatment plan to cause the electromechanical machine to implement at least one modified exercise of the modified treatment plan.
11. The computer-implemented system of claim 10, 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 12 in the Present Application (Application Serial No. 19/275,259)
Claim 12 of Patent No. US 11,955,221, issued on April 9, 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 11,955,221)
12. The computer-implemented system of claim 1, wherein the one or more processing devices initiate, while the user performs the treatment plan, a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
12. The computer-implemented system of claim 1, wherein the one or more processing devices initiate, while the user performs the treatment plan, a telemedicine session between a computing device of the user and a computing device of a healthcare professional.
Claim 13 in the Present Application (Application Serial No. 19/275,259)
Claim 13 of Patent No. US 11,955,221, issued on April 9, 2024 (with minor differences identified in bold and underlined font)
13. A method for controlling an electromechanical machine using a computer-implemented system, the method comprising:
13. A method for controlling a treatment apparatus using a computer-implemented system, the method comprising:
receiving blood vessel characteristics associated with a user; determining, based on the blood vessel characteristics, a probability that angiogenesis will occur; generating, based on the probability, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
receiving a plurality of user and blood vessel characteristics associated with a user; generating a selected set of user and blood vessel characteristics; determining, based on the selected set of user and blood vessel characteristics, a probability that angiogenesis will occur; generating, based on the probability and the blood vessel characteristics, a treatment plan that includes one or more exercises directed to modifying the probability that angiogenesis will occur;
and using the electromechanical machine by controlling, by the computer-implemented system, to implement the treatment plan.
and using the treatment apparatus, implementing the treatment plan while the treatment apparatus is being manipulated by the user, wherein using the treatment apparatus includes controlling, by the computer-implemented system, the electromechanical machine to implement the one or more exercises of the treatment plan directed to modifying the probability that angiogenesis will occur.
Claim 14 in the Present Application (Application Serial No. 19/275,259)
Claim 14 of Patent No. US 11,955,221, issued on April 9, 2024 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 11,955,221)
14. The method of claim 13, wherein the blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
14. The method of claim 13, wherein the user and blood vessel characteristics include at least one of blockage of a blood vessel of the user, familial history of blood vessel disease, heart rate of the user, and blood pressure of the user.
Claim 15 in the Present Application (Application Serial No. 19/275,259)
Claim 15 of Patent No. US 11,955,221, issued on April 9, 2024 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 11,955,221)
15. The method of claim 13, wherein modifying the probability that angiogenesis will occur includes one of stimulating and inhibiting angiogenesis.
15. The method of claim 13, wherein modifying the probability that angiogenesis will occur includes one of stimulating and inhibiting angiogenesis.
Claim 16 in the Present Application (Application Serial No. 19/275,259)
Claim 16 of Patent No. US 11,955,221, issued on April 9, 2024 (with minor differences identified in bold and underlined font)
16. The method of claim 13, further comprising: executing a blood vessel model, wherein the blood vessel model is configured to at least one of: assign weights to the blood vessel characteristics, rank ranking the blood vessel characteristics, and filter the blood vessel characteristics
16. The method of claim 13, further comprising executing a user and blood vessel model to generate the selected set of the user and blood vessel characteristics by at least one of assigning weights to the user and blood vessel characteristics, ranking the user and blood vessel characteristics, and filtering the user and blood vessel characteristics
Claim 17 in the Present Application (Application Serial No. 19/275,259)
Claim 17 of Patent No. US 11,955,221, issued on April 9, 2024 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 11,955,221)
17. The method of claim 16, further comprising: executing a probability model, wherein the probability model is configured to assign weights to characteristics in input that predict that angiogenesis will occur.
17. The method of claim 16, further comprising executing a probability model to determine the probability that angiogenesis will occur.
Claim 18 in the Present Application (Application Serial No. 19/275,259)
Claim 18 of Patent No. US 11,955,221, issued on April 9, 2024 (with minor differences identified in bold and underlined font)
18. The method of claim 16, further comprising: executing a treatment plan model, wherein the treatment plan model is configured to assign weights to characteristics that modify the treatment plan to reduce the probability that angiogenesis will occur.
18. The method of claim 16, further comprising executing a treatment plan model to generate the treatment plan to modify the probability that angiogenesis will occur.
Claim 19 in the Present Application (Application Serial No. 19/275,259)
Claim 19 of Patent No. US 11,955,221, issued on April 9, 2024 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 11,955,221)
19. The method of claim 18, further comprising: based on an indication of whether angiogenesis is desirable, using the treatment plan model to generate the treatment plan.
19. The method of claim 18, further comprising, based on an indication of whether angiogenesis is desirable, using the treatment plan model to generate the treatment plan.
Claim 20 in the Present Application (Application Serial No. 19/275,259)
Claim 20 of Patent No. US 11,955,221, issued on April 9, 2024 (with the only differences being the minor differences identified above in the comparison of claim 13 in the present application to claim 13 of Patent No. US 11,955,221)
20. The method of claim 18, further comprising: in response to a determination that angiogenesis is desirable, using the treatment plan model to generate the treatment plan to increase the probability that angiogenesis will occur.
20. The method of claim 18, further comprising, in response to a determination that angiogenesis is desirable, using the treatment plan model to generate the treatment plan to increase the probability that angiogenesis will occur.
The most remarkable prior art of record is as follows:
Jayalath: U.S. Patent Application Publication U.S. 2020/0151595 A1
Tuyl: U.S. Patent Application Publication U.S. 2018/0240552 A1
Demopulos: U.S. Patent Application Publication U.S. 2017/0283508 A1
Rabovsky: U.S. Patent Application Publication U.S. 2016/0193306 A1
Heinzman: U.S. Patent Application Publication U.S. 2010/0216168 A1
Moturu: U.S. Patent Application Publication U.S. 2017/0004260 A1
Ridgel: U.S. Patent Application Publication U.S. 2016/0166881 A1
Langheier: U.S. Patent Application Publication U.S. 2009/0070138 A1
Madaniah et al., Are There Limitations to Exercise Benefits in Peripheral Arterial Disease?, Frontiers in Cardiovascular Medicine, Vol. 5, 2018, https://www.frontiersin.org/articles/10.3389/fcvm.2018.00173, DOI=10.3389/fcvm.2018.00173 (Year: 2018)
You et al., JS, Including Blood Vasculature into a Game-Theoretic Model of Cancer Dynamics, Hames, 2019; 10(1):12. https://doi.org/10.3390/g10010013 (Year: 2019)
Conclusion
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/Joy Chng/
Primary Examiner, Art Unit 3686
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