DETAILED ACTION
This action is in response to the claim set filed on 07/30/2025.
Claims 1-20 are currently pending and have been examined.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not
patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg,
140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d
2010 (Fed. Cir. 1993); In re Langi, 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 l.32I(c) or l.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717. 02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP
§ § 706.02(1)(1) - 706.02(1)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR l.32l(b).
The USPTO Internet website contains terminal disclaimer forms which may be used.
Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or
PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal
Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-inf o-1.js p.
Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of App. 18120161 (Pat US 11915815), App. 18459646, App. 18400421 (Pat. US 12230383), App. 19055330, App/ 19285,693, App. 19326286, and Claim 11 of App 18752294 (Pat. US 12614622). Although the claims at issue are not identical, they are not patentably distinct from each other because both are directed toward addressing a similar scope. The table/chart below exhibits the similarity* between the independent claims while at least claim 1 of the current application ‘592 may recite a narrower variation to some of the claims of the reference Applications mentioned.
* Similarities highlighted in BOLD
App No. 19285592 (Current App.) Claim 1
App No. 18120161 (Ref. App.) – Claim 1
App No. 18459646 (Ref. App.) – Claim 1
App No. 18400421 (Ref. App.) – Claim 1
App No. 18752294 (Ref. App.) – Claim 11
App No. 19055330 (Ref. App.) – Claim 1
App No. 19285,693 (Ref. App.) – Claim 1
App No. 19326286 (Ref. App.) – Claim 1
A smart exercise device, comprising:
A computer-implemented system, comprising
A system, comprising:
A computer-implemented system, comprising
A system, comprising:
A computer-implemented system, comprising
A treadmill, comprising: a pair of rollers; a belt coupled to and extending between the pair of rollers, wherein the belt encircles a support platform suspended between the pair of rollers; a motor operatively coupled to one of the pair of rollers to rotate the one of the pair of rollers such that rotation of the rollers causes the belt to rotate around the support platform suspended between the pair of rollers
an interface comprising a smart mirror configured to present information pertaining to a treatment plan being performed by a user while the user interacts with the smart exercise device;
an elliptical machine configured to be manipulated by a user while the user performs a treatment plan; and
an elliptical machine configured to be manipulated by a user;
one or more processing devices configured to
a processing device configured to
one or more processing devices configured to
a processing device configured to
at least one processing device configured to
a processing device configured to:
one or more processing devices configured to:
one or more processing devices configured to:
receive a plurality of risk factors associated with at least one of a cardiac condition and a cardiac outcome for the user
receive a plurality of risk factors associated with at least one of a cardiac condition and a cardiac outcome for a user,
receive a plurality of risk factors associated with a cardiac-related event for a user,
receive a plurality of risk factors associated with a cardiac-related event for the user
receive a plurality of risk factors associated with a cardiac-related event for a user
receive a plurality of risk factors associated with at least one of a cardiac condition and a cardiac outcome for a user
receive a plurality of risk factors associated with at least one of a cardiac condition and a cardiac outcome for a user,
generate a selected set of the risk factors
generate a selected set of the risk factors
generate a selected set of the risk factors
generate a selected set of the risk factors
generate a selected set of the risk factors
generate a selected set of the risk factors
generate a selected set of the risk factors
determine, based on the selected set of the risk factors, a probability that a cardiac intervention will occur
determine, based on the selected set of the risk factors, a probability that a cardiac intervention will occur
determine, based on the selected set of the risk factors, a probability that a cardiac intervention will occur
determine, based on the selected set of the risk factors, a probability that a cardiac intervention will occur
determine, based on the selected set of the risk factors, a probability that a cardiac intervention will occur,
determine, based on a selected set of risk factors a probability that a cardiac intervention will occur,
determine, based on the selected set of the risk factors, a probability that a cardiac- related intervention will occur
determine, based on the selected set of the risk factors, a probability of a cardiac intervention
generate, based on the probability and the selected set of the risk factors, the treatment plan, wherein the treatment plan includes one or more exercises directed to reducing the probability that the cardiac intervention will occur, and to facilitate conformity with the treatment plan
generate, based on the probability and the selected set of the risk factors, a treatment plan including one or more exercises directed to reducing the probability that the cardiac intervention will occur
generate, based on the probability and the selected set of the risk factors, a treatment plan including one or more exercises directed to reducing the probability that the cardiac intervention will occur
generate, based on the probability and the selected set of the risk factors, the treatment plan including one or more exercises directed to reducing the probability that the cardiac intervention will occur
generate, based on the probability and the selected set of the risk factors, a treatment plan including one or more exercises directed to reducing the probability that the cardiac intervention will occur
generate, based on the probability and the selected set of the risk factors, a treatment plan including one or more exercises directed to reducing the probability that the cardiac intervention will occur.
generate, based on the probability and the selected set of the risk factors, a treatment plan including one or more exercises directed to reducing the probability that the cardiac-related intervention will occur
generate, based on the probability and the selected set of the risk factors, a treatment plan to be performed by the user while the user interacts with the treadmill, wherein the treatment plan includes one or more exercises directed to reducing the probability of the cardiac intervention, and control, based on the treatment plan, the treadmill to at least one of (i) actuate the motor to adjust a speed of the treadmill and (ii) adjust an incline of the belt.
control, based on the treatment plan, operation of at least one physical component of an electromechanical machine, wherein the operation is controlled by modifying one or more operating parameters associated with the at least one physical component
treatment apparatus configured to implement the treatment plan while the treatment apparatus is being manipulated by the user
The electromechanical machine configured to implement the treatment plan while the electromechanical machine is being manipulated by the user.
a rowing machine configured to implement the treatment plan while the rowing machine is being manipulated by the user,
wherein subsequent to implementing the treatment plan using the rowing machine, the at least one processing device is configured to modify the treatment plan based on a determination of whether the treatment plan reduced either one of(i) the probability that the cardiac intervention will occur and (ii) the identified one of the selected set of the risk factors
a stair-climbing machine configured to implement the treatment plan while the stair- climbing machine is being manipulated by the user
cause the smart mirror to display a visual cue in response to a deviation of the user from at least one of a desired body posture, a range of motion, a joint or limb angle, and a motion defined by the treatment plan, wherein the visual cue includes at least one of (i) highlighting, changing a color of, or outlining a body part of the user that is deviating from the treatment plan, (ii) encircling the body part of the user that is deviating from the treatment plan, and (iii) displaying a line indicating an axis of the body part and an axis corresponding to a desired form for the body part defined by the treatment plan.
As per the above chart, it shows the similarities between the current application ‘592 and reference Applications mentioned above, in bold, with independent claims of the reference as such the reference(s) application(s) may exhibit a broader and more generic than the current application as such the current application is the species and the reference(s) is the genus. Thus, this is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1-13 are drawn to a device/system and Claims 14-20 are drawn to a method, which are within the four statutory categories (i.e., a machine and a process). Claims 1-20 are further directed to an abstract idea on the grounds set out in detail below.
Under Step 2A, Prong 1, the claimed invention represents an abstract idea of a series of steps that recite a process for assessing cardiovascular health and treatment plan. Interacting with a device during a treatment plan for receiving cardiac health risk factors to determine probability for cardiac intervention which are steps that is/are an abstract idea that could have been performed by a human actor interacting with a system/interface to implement the abstract idea performing the steps of receiving, determining, generating, which both the instant claims and the abstract idea are defined as Certain Methods of Organizing Human Activity (managing personal behavior or interactions).
Independent claim 1, and similarly claim 14, recites the step of:
“an interface comprising a smart mirror configured to present information pertaining to a treatment plan being performed by a user while the user interacts with the smart exercise device; one or more processing device, configured to:
receive a plurality of risk factors associated with at least one of a cardiac condition and a cardiac outcome for the user
generate a selected set of the risk factors,
determine, based on the selected set of the risk factors, a probability that a cardiac intervention will occur,
generate, based on the probability and the selected set of the risk factors, the treatment plan, wherein the treatment plan includes one or more exercises directed to reducing the probability that the cardiac intervention will occur,
to facilitate conformity with the treatment plan, cause the smart mirror to display a visual cue in response to a deviation of the user from at least one of a desired body posture, a range of motion, a joint or limb angle, and a motion defined by the treatment plan, wherein the visual cue includes at least one of (i) highlighting, changing a color of, or outlining a body part of the user that is deviating from the treatment plan, (ii) encircling the body part of the user that is deviating from the treatment plan, and (iii) displaying a line indicating an axis of the body part and an axis corresponding to a desired form for the body part defined by the treatment plan.”
These limitations, as drafted, given the broadest reasonable interpretation, cover performance of the limitations by a human user/actor interaction with computing device(s) that constitute Certain Methods of Organizing Human Activity along with Mental process, but for the recitation of generic computer/hardware components. For example, the limitations encompass a user the ability to receive risk factors associated with cardiac health, determine probability for cardiac intervention based on selected risk factors, and generating treatment plan reducing the probability, which are steps that that could have been performed by a human actor organizing and managing a user treatment/exercise using generic computing/hardware components implement the abstract idea. These limitations encompass activity of a single person or multiple people and interacting with computer/hardware components to perform the steps of the claimed invention for managing healthcare facility resources, which constitutes Certain Methods of Organizing Human Activity. Accordingly, the claim limitations (in BOLD) recite an abstract idea. Any limitations not identified above as part of the process are deemed "additional elements," and will be discussed in further detail below.
Under Step 2A, Prong 2, 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, linking the abstract idea to a particular technological environment (i.e., as implemented by one or more hardware processors configured to execute specific instructions stored in the memory). In particular, the claims recite the additional elements such as “smart mirror, smart exercise device, processing device, interface” that is/are disclosed at a high - level of generality and includes known hardware components that implements the identified abstract idea, (see, Applicant, para [1332-1352]). This recitation of additional elements, “e.g., processor, smart mirror/exercise device, etc.” to perform the noted steps, such as “present information ..., display[ing] visual cue...”, is/are merely implemented as a tool such that it amounts no more than adding the words "apply it" (or an equivalent) with the judicial exception, merely uses a computer as a tool to perform an abstract idea, and is/are mere instructions to implement an abstract idea on a computer because the steps reciting additional elements that are mere data implemented using a general purpose computing/hardware components being used in ordinary capacity to perform the steps such that causing the smart mirror interface and processing device to perform the instructions, see MPEP 2106.05(f), serve to merely link the abstract idea to a particular technological environment (i.e. smart mirror/exercise device), see MPEP 2106.05(h), and mere data gathering that does not add a meaningful limitation to the above abstract idea, see MPEP 2106.05(d). Accordingly, looking at the claims as a whole, individually and in combination, these additional elements provide no integration of the abstract ideas into a practical application because they appear to merely automate a manual process, such that no meaningful limits on practicing the abstract idea are introduced and the computing elements are merely utilized as tools to perform the abstract ideas. The claim as a whole is therefore directed to an abstract idea.
Under step 2B, The claims do not include additional elements that are sufficient to amount to "significantly more" than the judicial exception because, as mentioned above, the additional elements amount to no more than generic computing components, recited at a high level of generality, that amount to no more than mere instruction to perform the abstract idea such that it amounts no more than adding the words "apply it" (or an equivalent) to apply the exception using generic computer component, see MPEP 2106.05(f), serve to merely link the abstract idea to a particular technological environment (i.e. smart mirror/exercise device), see MPEP 2106.05(h), and mere data gathering that does not add a meaningful limitation to the above abstract idea, see MPEP 2106.05(d). There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation and mere instructions to apply an exception using a generic computer component cannot provide an 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."). The claims are not patent eligible.
Dependent Claims 2-13 and 15-20, include all of the limitations of claim(s) 1 and 14, and therefore likewise incorporate the above-described abstract idea. While the depending claims add additional limitations, such as:
As for claims 3-4, 8, 10, 13, and 16, the claim(s) recite limitations that are under the broadest reasonable interpretation, further define the abstract idea noted in the independent claim(s) that covers performance by a human interaction constituting Certain Methods of Organizing Human Activity along with mental process but for, the recitation of the generic computer components which are similarly rejected because, neither of the claims, further, defined the abstract idea and do not further limit the claim to a practical application or provide an inventive concept. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept ("significantly more").
As for claims 2, 5-7, 9, 11-12, 15, and 17-20, the claim(s) recite limitations that are under the broadest reasonable interpretation, further define the abstract idea noted in the independent claim(s) that covers performance by a human interaction constituting Certain Methods of Organizing Human Activity along with mental process but for, the recitation of the generic computer components which are similarly rejected because, neither of the claims, further, defined the abstract idea and do not further limit the claim to a practical application or provide an inventive concept. This judicial exception is not integrated into a practical application. In particular, the claim(s) recite additional elements such as “smart mirror, smart exercise device, processing device, fitness mirror, stair-climbing machine, elliptical machine, treadmill, rowing machine, cycling machine, machine learning model” recited in the claim(s) at a high level to perform the claims steps (e.g., cause[ing]). These additional elements have been interpreted to be computing components with a general - purpose processor, that it amounts to no more than mere instructions to perform the abstract idea such that it amounts no more than adding the words "apply it" (or an equivalent) to apply the exception using generic computer component, see MPEP 2106.05(f), that is merely uses the computer as a tool to perform the abstract idea, see MPEP 2106.05(h), and a mere data gathering process that does not add a meaningful limitation to the above abstract idea, see MPEP 2106.05(d). Thus, the judicial exceptions recited in claims is/are not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept ("significantly more").
Subject Matter Free of Prior Art
Claims 1-20 have been found by the examiner to be free of prior art. A thorough search of the prior art was conducted and the examiner could not find a single reference or combination of references with adequate rationale to combine that would teach the claimed invention. Specifically, the examiner, for example, finds that the language “(i) highlighting, changing a color of, or outlining a body part of the user that is deviating from the treatment plan, (ii) encircling the body part of the user that is deviating from the treatment plan, and (iii) displaying a line indicating an axis of the body part and an axis corresponding to a desired form for the body part defined by the treatment plan” in claims 1 and 14, to be free of prior art. In the examiner's search of prior art. The closest prior art was found are:
Bissonnette et al. (US 2022/0016485) discloses a machine learning model trained to receive the one or more measurements from a user device as input, and outputting, based on the one or more measurements, a control instruction that causes the control action to be performed and determining that the one or more measurements indicate the one or more characteristics of the user are not within the desired target zone during the interval training session.
Woo et al. (KR102097190) discloses analyzing a real-time movement motion using a smart mirror, obtaining an image related to the movement motion of the user from at least one image sensor and generating a user's 3D (3D) musculoskeletal model based on the measured body dimension
Abdo et al. (US 20220346703) discloses evaluating a user's musculoskeletal health and prescribing treatment plans for the user based on the musculoskeletal health.
Jaquish et al. (US 2012/0040799) discloses user interface/display that is attached to exercise equipment where the interface displays information to the user performing exercise where a user undergo an initial health risk prescreening process before beginning their exercise regimen to determine health risk factors where the screening describes previous cardiac difficulties and processor is configured to automatically monitor the loading contact surface's position as adjusted by the user in the first exercise session, and to automatically control the actuator to move the loading contact
surface in a subsequent session.
Volosin et al. (US 2021/0035674) discloses receive input regarding the rehabilitation plan and generate one or more plans specifying individualized set of rehabilitative exercise sessions for a patient and determine risk factors for the patient and based on the risk factors and prediction of future cardiac events, a physical rehabilitation plan , or cardiac rehabilitation plan, is prescribed to improve the physical condition of the patient where the cardiac rehabilitation plan to include a coordinated, multifaceted interventions designed to reduce risk, reduce disability, and promote an active lifestyle for heart failure patients.
Harris et al. (WO 02/062211) discloses a physical exercise program for a subject is generated based on the medical history of the subject and measurements made of the stress experienced by the subject's heart during a previous exercise program.
However, these prior arts fail to teach all of the limitations in the independent claim 1 and 14, in combination or fairly suggests or makes obvious the limitation mentioned above.
After a thorough search, the Examiner has determined that no combination of references teach the above limitation as claimed. Therefore, the prior art alone, or in combination, does not disclose or make obvious the claim set of the present invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAAELDIN ELSHAER whose telephone number is (571)272-8284. The examiner can normally be reached M-Th 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MAMON OBEID can be reached at Mamon.Obeid@USPTO.GOV. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAAELDIN M. ELSHAER/Primary Examiner, Art Unit 3687
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