DETAILED ACTION
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 .
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase “the patient” in line 3, needs to be changed to “a patient”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 15 in the preamble recites: “A system for remote treatment”. However, the claim does not recite any limitations regarding how the system is for/provides remote treatment. In other words, the body of the claim does not include any recitation regarding which part(s) of the system is remote. Further clarification and appropriate corrections are respectfully requested. Claims 16-20 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency upon claim 15.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 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 nonstatutory 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 1-4 and 8-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13-14 of U.S. Patent No. 11,826,613 B12. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed toward a method, a computer-implemented system for physical rehabilitation, and a system for remote, comprising controlling, by a processing device and using a target force setting value to be exerted by a body part of a patient, an electromechanical machine comprising an actuator that is configured to produce an external force based on the target force setting value, causing presentation of a first user interface on a patient interface, comprising an adjustment confirmation screen that solicits a response regarding the patient’s comfort level with the target force setting value, changing, based on the response, the target force setting value, and controlling the actuator to produce an external force based on the changed target force setting value, and a clinician interface comprising a patient profile display configured to present data regarding performance of a patient using the electromechanical machine. Table below, shows the mapping of the claims of the current application with those of U.S. Patent No. 11,826,613 B12.
Claims of Current Application
Claims of U.S. 11,826,613 B12
1. A method comprising:
controlling, by one or more processing devices and using a target force setting value to be exerted by a body part of the patient, an electromechanical machine comprising an actuator configured to produce an external force based on the target force setting value;
causing, via the one or more processing devices, presentation of a first user interface on a patient interface, wherein the first user interface comprises an adjustment confirmation screen that solicits a response regarding the patient's comfort level with the target force setting value;
changing, based on the response, the target force setting value; and
controlling the actuator to produce an external force based on the changed target force setting value.
1. A method comprising:
controlling, by a processing device, while a patient uses a treatment apparatus, the treatment apparatus based on a treatment plan for the patient, the treatment plan comprising a setting value of a target force to be exerted by a body part of the patient, the treatment apparatus comprising an actuator configured to produce an external force based on the setting value of the target force;
receiving, by the processing device, data from an electronic device, wherein the data comprises a force exerted by the body part of the patient according to the setting value of the target force;
storing, via the processing device, the data for the patient in a computer-readable medium; and
causing, via the processing device, presentation of a first user interface on a patient interface, wherein:
(i) the first user interface comprises an adjustment confirmation screen,
(ii) the adjustment confirmation screen is configured to solicit a response regarding the patient's comfort level with the setting value of the target force, and
(iii) the adjustment confirmation screen includes adjustment confirmation controls configured to receive the response regarding the patient's comfort level with the setting value of the target force, and
changing, based on the response regarding the patient's comfort level with the setting value of the target force, the setting value of the target force, wherein the external force produced by the actuator is controlled based on the changed setting value of the target force.
2. The method of claim 1, wherein the one or more processing devices are separate from the electromechanical machine.
2. The method of claim 1, wherein the processing device is separate from the treatment apparatus.
3. The method of claim 1, wherein the target force setting value is included in a treatment plan that is a physical rehabilitation regimen for improving strength.
3. The method of claim 1, wherein the treatment plan is a physical rehabilitation regimen for improving strength.
4. The method of claim 1, further comprising causing, via the one or more processing devices, presentation of a second user interface on a clinician interface, wherein the second user interface comprises information regarding a force exerted by the body part of the patient.
4. The method of claim 1, further comprising causing, via the processing device, presentation of a second user interface on a clinician interface, wherein the second user interface comprises information regarding the force exerted by the body part.
8. A computer-implemented system for physical rehabilitation, comprising:
a clinician interface comprising a patient profile display, wherein the patient profile display is configured to present data regarding performance of a patient using an electromechanical machine; and
a patient interface configured to present an adjustment confirmation control screen, wherein the adjustment confirmation screen is configured to solicit a response regarding the patient's comfort level with a setting value of a target force to be exerted by a body part of the patient,
wherein, based on the response regarding the patient's comfort level with the setting value of the target force, the setting value of the target force is changed and an actuator of the electromechanical machine is controlled to produce an external force based on the changed setting value of the target force.
5. A computer-implemented system for physical rehabilitation, comprising:
a clinician interface comprising a patient profile display, wherein the patient profile display is configured to present data regarding performance, by a patient using a treatment apparatus, of a regimen for a body part, wherein the regimen comprising a setting value of a target force to be exerted by the body part, the body part comprising at least one of a joint, a bone, or a muscle group, and the treatment apparatus comprising an actuator configured to produce an external force based on the setting value of the target force;
a sensor configured to measure a force exerted by the body part;
a patient interface including an output device and an input device configured to communicate information respectively to and from the patient regarding the performance of the regimen;
the patient interface configured to present instructions and status information regarding the performance of the regimen; and
the patient interface configured to present an adjustment confirmation control screen, wherein:
(i) the adjustment confirmation screen is configured to solicit a response regarding the patient's comfort level with the setting value of the target force,
(ii) the adjustment confirmation screen includes adjustment confirmation controls configured to receive the response regarding the patient's comfort level with the setting value of the target force, and
wherein, based on the response regarding the patient's comfort level with the setting value of the target force, the setting value of the target force is changed and the external force produced by the actuator is controlled according to the changed setting value of the target force.
9. The computer-implemented system of claim 8, wherein the setting value of the target force is included in a regimen that is a physical rehabilitation regimen for improving strength.
6. The computer-implemented system of claim 5, wherein the regimen is a physical rehabilitation regimen for improving strength.
10. The computer-implemented system of claim 8, wherein the clinician interface is further configured to present information regarding the force exerted by the body part of the patient.
7. The computer-implemented system of claim 5, wherein the clinician interface is further configured to present information regarding the force exerted by the body part.
11. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises an increase control configured to increase the setting value of the target force.
8. The computer-implemented system of claim 5, wherein the adjustment confirmation controls comprises an increase control configured to increase the setting value of the target force.
12. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises a decrease control configured to decrease the setting value of the target force.
9. The computer-implemented system of claim 5, wherein the adjustment confirmation controls comprises a decrease control configured to decrease the setting value of the target force.
13. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises a stay control configured to maintain the setting value of the target force.
10. The computer-implemented system of claim 5, wherein the adjustment confirmation controls comprises a stay control configured to maintain the setting value of the target force.
14. The computer-implemented system of claim 8, wherein the actuator is further configured to adjust a position of the body part of the patient.
11. The computer-implemented system of claim 5, wherein the actuator is further configured to adjust a position of the body part.
15. A system for remote treatment, comprising:
a clinician interface configured to present controls for modifying a setting value of a target force to be exerted by a body part of a patient;
a patient interface and an electromechanical machine, wherein the patient interface is configured to present an adjustment confirmation control screen, the adjustment confirmation control screen configured to solicit a response regarding the patient's comfort level with the setting value of the target force, and
wherein, based on the response, the setting value of the target force is changed and an actuator of the electromechanical machine is controlled to produce an external force according to the changed setting value of the target force.
13. A system for remote treatment, comprising:
a clinician interface configured to present controls for modifying a treatment plan comprising a regimen for treatment of a body part of a patient, with the body part comprising at least one of a joint, a bone, or a muscle group, and the regimen comprising a setting value of a target force to be exerted by the body part;
a treatment apparatus configured to be manipulated by the patient, the treatment apparatus comprising an actuator configured to produce an external force based on the setting value of the target force;
a patient interface including an output device and an input device for communicating information respectively to and from the patient regarding the performance of the regimen;
wherein the patient interface and the treatment apparatus are each configured to enable operation from a patient location geographically separate from a location of the clinician interface; and
the patient interface configured to present an adjustment confirmation control screen, wherein (i) the adjustment confirmation screen is configured to solicit a response regarding the patient's comfort level with the setting value of the target force, (ii) the adjustment confirmation screen includes adjustment confirmation controls configured to receive the response regarding the patient's comfort level with the setting value of the target force, and
wherein, based on the response regarding the patient's comfort level with the setting value of the target force, the setting value of the target force is changed and the external force produced by the actuator is controlled according to the changed setting value of the target force.
16. The system of claim 15, wherein setting value of the target force is included in a regimen that is a physical rehabilitation regimen for improving strength.
14. The system of claim 13, wherein the regimen is a physical rehabilitation regimen for improving strength.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,390,689 B12. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed toward a method, a computer-implemented system for physical rehabilitation, and a system for remote, comprising controlling, by a processing device and using a target force setting value to be exerted by a body part of a patient, an electromechanical machine comprising an actuator that is configured to produce an external force based on the target force setting value, causing presentation of a first user interface on a patient interface, comprising an adjustment confirmation screen that solicits a response regarding the patient’s comfort level with the target force setting value, changing, based on the response, the target force setting value, and controlling the actuator to produce an external force based on the changed target force setting value, and a clinician interface comprising a patient profile display configured to present data regarding performance of a patient using the electromechanical machine. Table below, shows the mapping of the claims of the current application with those of U.S. Patent No. 12,390,689 B12.
Claims of Current Application
Claims of U.S. 12,390,689 B12
1. A method comprising:
controlling, by one or more processing devices and using a target force setting value to be exerted by a body part of the patient, an electromechanical machine comprising an actuator configured to produce an external force based on the target force setting value;
causing, via the one or more processing devices, presentation of a first user interface on a patient interface, wherein the first user interface comprises an adjustment confirmation screen that solicits a response regarding the patient's comfort level with the target force setting value;
changing, based on the response, the target force setting value; and
controlling the actuator to produce an external force based on the changed target force setting value.
1. A method comprising:
controlling, by a processing device, while a patient uses a treatment apparatus, the treatment apparatus, based on a treatment plan for the patient, the treatment plan comprising a target force setting value to be exerted by a body part of the patient, the treatment apparatus comprising an actuator configured to produce an external force based on the target force setting value;
causing, via the processing device, presentation of a first user interface on a patient interface, wherein the first user interface comprises an adjustment confirmation screen that solicits a response regarding the patient's comfort level with the target force setting value;
changing, based on the response, the target force setting value; and
controlling the actuator to produce an external force based on the changed target force setting value.
2. The method of claim 1, wherein the one or more processing devices are separate from the electromechanical machine.
2. The method of claim 1, wherein the processing device is separate from the treatment apparatus.
3. The method of claim 1, wherein the target force setting value is included in a treatment plan that is a physical rehabilitation regimen for improving strength.
3. The method of claim 1, wherein the treatment plan is a physical rehabilitation regimen for improving strength.
4. The method of claim 1, further comprising causing, via the one or more processing devices, presentation of a second user interface on a clinician interface, wherein the second user interface comprises information regarding a force exerted by the body part of the patient.
4. The method of claim 1, further comprising causing, via the processing device, presentation of a second user interface on a clinician interface, wherein the second user interface comprises information regarding a force exerted by the body part of the patient.
5. The method of claim 1, wherein the adjustment confirmation screen comprises a decrease control configured to decrease the target force setting value.
5. The method of claim 1, wherein the adjustment confirmation screen comprises a decrease control configured to decrease the target force setting value.
6. The method of claim 1, wherein the adjustment confirmation screen comprises a stay control configured to maintain the target force setting value.
6. The method of claim 1, wherein the adjustment confirmation screen comprises a stay control configured to maintain the target force setting value.
7. The method of claim 1, wherein the actuator is further configured to adjust a position of the body part of the patient.
7. The method of claim 1, wherein the actuator is further configured to adjust a position of the body part of the patient.
8. A computer-implemented system for physical rehabilitation, comprising:
a clinician interface comprising a patient profile display, wherein the patient profile display is configured to present data regarding performance of a patient using an electromechanical machine; and
a patient interface configured to present an adjustment confirmation control screen, wherein the adjustment confirmation screen is configured to solicit a response regarding the patient's comfort level with a setting value of a target force to be exerted by a body part of the patient,
wherein, based on the response regarding the patient's comfort level with the setting value of the target force, the setting value of the target force is changed and an actuator of the electromechanical machine is controlled to produce an external force based on the changed setting value of the target force.
8. A computer-implemented system for physical rehabilitation, comprising:
a clinician interface comprising a patient profile display, wherein the patient profile display is configured to present data regarding performance, by a patient using a treatment apparatus, of a regimen for a body part, wherein the regimen comprising a setting value of a target force to be exerted by the body part, the body part comprising at least one of a joint, a bone, or a muscle group, and the treatment apparatus comprising an actuator configured to produce an external force based on the setting value of the target force; and
a patient interface configured to present an adjustment confirmation control screen, wherein the adjustment confirmation screen is configured to solicit a response regarding the patient's comfort level with the setting value of the target force,
wherein, based on the response regarding the patient's comfort level with the setting value of the target force, the setting value of the target force is changed and the actuator is controlled to produce an external force based on the changed setting value of the target force.
9. The computer-implemented system of claim 8, wherein the setting value of the target force is included in a regimen that is a physical rehabilitation regimen for improving strength.
9. The computer-implemented system of claim 8, wherein the regimen is a physical rehabilitation regimen for improving strength.
10. The computer-implemented system of claim 8, wherein the clinician interface is further configured to present information regarding the force exerted by the body part of the patient.
10. The computer-implemented system of claim 8, wherein the clinician interface is further configured to present information regarding a force exerted by the body part of the patient.
11. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises an increase control configured to increase the setting value of the target force.
11. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises an increase control configured to increase the setting value of the target force.
12. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises a decrease control configured to decrease the setting value of the target force.
12. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises a decrease control configured to decrease the setting value of the target force.
13. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises a stay control configured to maintain the setting value of the target force.
13. The computer-implemented system of claim 8, wherein the adjustment confirmation screen comprises a stay control configured to maintain the setting value of the target force.
14. The computer-implemented system of claim 8, wherein the actuator is further configured to adjust a position of the body part of the patient.
14. The computer-implemented system of claim 8, wherein the actuator is further configured to adjust a position of the body part of the patient.
15. A system for remote treatment, comprising:
a clinician interface configured to present controls for modifying a setting value of a target force to be exerted by a body part of a patient;
a patient interface and an electromechanical machine, wherein the patient interface is configured to present an adjustment confirmation control screen, the adjustment confirmation control screen configured to solicit a response regarding the patient's comfort level with the setting value of the target force, and
wherein, based on the response, the setting value of the target force is changed and an actuator of the electromechanical machine is controlled to produce an external force according to the changed setting value of the target force.
15. A system for remote treatment, comprising:
a clinician interface configured to present controls for modifying a treatment plan comprising a regimen for treatment of a body part of a patient, with the body part comprising at least one of a joint, a bone, or a muscle group, and the regimen comprising a setting value of a target force to be exerted by the body part; and
a patient interface and a treatment apparatus each configured to enable operation from a patient location geographically separate from a location of the clinician interface,
wherein the patient interface is configured to present an adjustment confirmation control screen, the adjustment confirmation control screen configured to solicit a response regarding the patient's comfort level with the setting value of the target force, and
wherein, based on the response, the setting value of the target force is changed and an actuator of the treatment apparatus is controlled to produce an external force according to the changed setting value of the target force.
16. The system of claim 15, wherein setting value of the target force is included in a regimen that is a physical rehabilitation regimen for improving strength.
16. The system of claim 15, wherein the regimen is a physical rehabilitation regimen for improving strength.
17. The system of claim 15, wherein the clinician interface is further configured to present information regarding the force exerted by the body part of the patient.
17. The system of claim 15, wherein the clinician interface is further configured to present information regarding the force exerted by the body part of the patient.
18. The system of claim 15, wherein the adjustment confirmation screen comprises an increase control configured to increase the first setting value of the target force.
18. The system of claim 15, wherein the adjustment confirmation screen comprises an increase control configured to increase the setting value of the target force.
19. The system of claim 15, wherein the adjustment confirmation screen comprises a decrease control configured to decrease the setting value of the target force.
19. The system of claim 15, wherein the adjustment confirmation screen comprises a decrease control configured to decrease the setting value of the target force.
20. The system of claim 15, wherein the adjustment confirmation screen comprises a stay control configured to maintain the first setting value of the target force.
20. The system of claim 15, wherein the adjustment confirmation screen comprises a stay control configured to maintain the setting value of the target force.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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/SHILA JALALZADEH ABYANEH/Primary Examiner, Art Unit 3784
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