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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 21, 2025 has been entered.
Response to Amendment
Claims 1, 2, 12, 15, and 19 have been amended. Claim 21 has not been modified. Claims 3-11, 13-14, 16-18, and 20 have been cancelled. Claims 1, 2, 12, 15, 19, and 21 are pending and are provided to be examined upon their merits.
Response to Arguments
Applicant’s arguments filed October 21, 2025 have been fully considered but they are not persuasive. A response is provided below.
Applicant argues 35 U.S.C. §101 Rejections, pg. 6 of Remarks:
Applicant argues that the claims are provide improvements in the functioning of body composition measurement and devices by allowing a user’s body composition to be easily evaluated against others within a specific population, rather than with static or predetermined benchmark by way of a network of body composition analyzers communication with a server by gathering data from a network of analyzers. Examiner respectfully disagrees.
Regarding improvement in body composition measurement and devices, allowing a user’s body composition to be easily evaluated against others does not improve the functioning of the body composition measurement. Rather, it represents data analysis that allows a user to be compared to others to determine their relative health status. Evaluating relative health status is a human activity that could otherwise be performed by a doctor for their patient. Thus, the recited improvement is directed to the abstract idea and not a specific, technical improvement in the functioning of body composition analyzers (see MPEP § 2106.05(a)(III) stating “it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. For example, in Trading Technologies Int’l v. IBG, 921 F.3d 1084, 1093-94, 2019 USPQ2d 138290 (Fed. Cir. 2019), the court determined that the claimed user interface simply provided a trader with more information to facilitate market trades, which improved the business process of market trading but did not improve computers or technology.”).
Regarding a distributed network of devices, Applicant parallels the claimed invention to BASCOM Global Internet v. AT&T Mobility LLC, stating that the claimed invention provides a particular architecture that provides users with precise positions within the specific population. The Examiner respectfully disagrees as the facts of Bascom are distinguishable from the current case because the claimed invention of Bascom solved a specific problem within a narrow field of the art in which it applied. As asserted by BASCOM, and found to be persuasive by the court, BASCOM’s application provides an inventive concept “by associating individual accounts with their own filtering scheme and elements while locating the filtering system on an ISP server”, which the courts found to represent a non-conventional and non-generic arrangement of known elements that provided a technical improvement. In the instant application, the recited architecture is simply a plurality of body composition analyzers which transmit data to a generic server device for data analysis using a generic network, which is a known arrangement and does not provide a technical improvement in networking technologies. Prior art is provided below to demonstrate that a body composition analyzer that communicates with a remote server/computing device is known:
[0176] of Ozawa (US 20130172775): “The condition information processing apparatus 100B is a personal computer, or a mobile terminal apparatus such as a smart phone, which is capable of communicating with the body composition analyzer 200 through a communication network NET such as the Internet or a LAN.”
[0488] of Chetham (US 20170209066): “The above examples have been described on the basis of the selection of the preferred impedance measurements and analysis being performed by a first processing system 10 provided as part of the measuring device 1. However, this is not essential and that any or all of the functionality described could be performed by a processing system that is remotely located to the measuring device 1, as will now be described with respect to FIG. 13.”
[0489] further recites: “a base station 1300 is coupled to a number of measuring devices 1, and a number of end stations 1303 via a communications network 1302, such as the Internet, and/or via communications networks 1304, such as local area networks (LANs), or wide area networks (WANs).”
Regarding particular machine, Examiner respectfully disagrees as the combination of the body composition analyzers and the server do not integrate the abstract idea into a practical application nor do the claims provide sufficient specificity or particularity to the structures within.
(1) As noted above, the claims do not recite a practical application and instead provide an improvement to the abstract idea of body composition comparison. The claimed devices are generic in nature, as supported by Applicant specification. Specifically, [0003] of Applicant specification recites: “Conventionally, body composition analyzers are known to obtain measured values of body composition based on information such as height, weight, age, and gender, and bioelectrical impedance of each part of the human body obtained by measurement.” No specific, technical improvements are being made to the technology of body composition analyzers as they are simply applied to perform the insignificant extra-solution activity of data gathering. Furthermore, [0016] of Applicant specification: “The positioning formula or positioning table may be generated by a terminal device such as a body composition analyzer, a tablet computer, a smartphone, or the like, or may be generated by a server computer.” No specific, technical improvements are being made to the technology of server devices as any generic computing device may be applied to perform the abstract idea of generating a positioning formula or table for health status comparison.
(2) While the functional configuration of the body composition analyzers and the server is recited, the claimed configuration is known and does not represent a technical advantage over the prior art, as demonstrated by the recitations of Ozawa and Chetham, above.
(3) In the instant application, the body composition analyzers are simply applied to gather data about the patient health parameters, and are well-known devices, as evidenced by [0003] of Applicant specification. See also 2106.05(g), which recites usage of healthcare devices and equipment to gather information about a patient as examples of an insignificant extra-solution activity (vi. Determining the level of a biomarker in blood, Mayo, 566 U.S. at 79, 101 USPQ2d at 1968. See also PerkinElmer, Inc. v. Intema Ltd., 496 Fed. App'x 65, 73, 105 USPQ2d 1960, 1966 (Fed. Cir. 2012) (assessing or measuring data derived from an ultrasound scan, to be used in a diagnosis).).
Applicant argues 35 U.S.C. §103 Rejections, pg. 8 of Remarks:
Applicant argues that Sato in view of Tran does not teach the amended limitations. Applicant arguments are moot as new art has been applied in regards to the amended limitations.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“a body composition obtaining section” in claims 1, 2, and 19
“a positioning information determination section” in claims 1, 12, 15, 19, and 21
[0053], "The positioning information determination section 364 may be provided in any of the terminal devices such as the server 20, the body composition analyzer 30, the tablet computer, the smartphone, and the like.”
“an evaluation section” in claim 19
[0087], "The positioning information determination section 364 of the above-described system is one example of the evaluation section.”
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. For the purposes of examination, the Examiner interprets the determination and evaluation sections to be any software program or module that contains computer-executable instructions to perform the function of each unit.
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 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 § 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 1-2, 12, 15, 19, and 21 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.
Claims 1, 2, and 19 recite a body composition obtaining section. However, it is indefinite as to what the body composition obtaining section is. [0052] of Applicant specification recites: “The body composition obtaining section 363 obtains the measured values of the body composition. The measured values of the body composition may be obtained, for example, by inputting the measured values of the body composition obtained by a measurement device outside the body composition measurement system 10 as described above… The body composition obtaining section 363 may be provided in the body composition analyzer 30.” Examiner notes the method of inputting measured values into the body composition analyzer is indefinite, as a typical analyzer would directly measure a user’s body composition using sensors.
Examiner suggests modifying the body composition obtaining section to instead be a bioelectrical impedance measurement section, as [0051] recites that the measurement section utilizes concrete structural elements (“electrodes 341L and 341R”) to measure the body composition of the user and [0052] further recites that the obtaining section may be based on the bioelectrical impedance method of the recited measurement section.
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 1-2, 12, 15, 19, and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Subject Matter Eligibility Criteria – Step 1:
The claims recite subject matter within a statutory category as a machine (1-2, 12, 15, 19, and 21). Accordingly, claims 1-2, 12, 15, 19, and 21 are all within at least one of the four statutory categories.
Subject Matter Eligibility Criteria – Step 2A – Prong One:
Regarding Prong One of Step 2A of the Alice/Mayo test, the claim limitations are to be analyzed to determine whether, under their broadest reasonable interpretation they “recite” a judicial exception or in other words whether a judicial exception is “set forth” or “described” in the claims. MPEP §2106.04(II)(A)(1). An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) certain methods of organizing human activity, b) mental processes, and /or c) mathematical concepts. MPEP §2106.04(a).
The Examiner has identified system claim 1 and system claim 19 as the claims that represent the claimed invention for analysis.
Claim 1:
A body composition measurement system, comprising:
a plurality of body composition analyzers, each body composition analyzer including a main unit on which a user stands for measuring a weight of the user and a body composition obtaining section configured to obtain a measured value of a body composition of a user standing on the main unit;
a server configured to store a plurality of populations of body composition with different categories; and
a positioning information determination section configured to determine positioning information, which is information indicating the position of the measured value of the user in a population;
wherein the positioning information is at least one of the following: body fat percentage, muscle mass, bone mass, basal metabolism, and visceral fat,
wherein the body composition obtaining section and the positioning information determination section are connected to the main unit of the body composition analyzer,
wherein the body composition obtaining section is configured to send the obtained measured value to the server,
wherein the server is configured to receive the measured value from the plurality of the body composition obtaining sections of the plurality of devices body composition analyzers and add the measured values to a corresponding population automatically in response to obtaining of the measured values,
thereby adding the measured values obtained by the respective body composition obtaining section of the plurality of body composition analyzers to the population in the server,
wherein the server is configured to generate a deviation value formula or a deviation value table from each population of different categories, each population comprising a plurality of measured values of body composition, to specify a relationship between the measured values of the body composition and the positioning information,
wherein the positioning information determination section is configured to determine the positioning information of the measured value of the body composition of the user by using the deviation value formula or the deviation value table derived from the population in a selected category, and
wherein categories of the population include categories relating to at least one of age, gender, region, country, race, sport species, occupation, and company.
These above limitations, under their broadest reasonable interpretation, cover performance of the limitation as mathematical concepts. The claim elements are directed towards “generat[ing] a deviation value formula or a deviation value table from each population of different categories,…, to specify a relationship between the measured values of the body composition and the positioning information” and “using the deviation value formula or the deviation value table derived from the population in a selected category”, which is directed towards mathematical formula as well as mathematical relationships.
These above limitations, under their broadest reasonable interpretation, also cover performance of the limitation as certain methods of organizing human activity. The claim elements are directed towards “obtain[ing] a measured value of body composition of a user” in order “to determine positioning information, which is information indicating the position of the measured value of the body composition of the user in a population”, which is analogous to diagnosing or determining a patient’s health status in comparison to others. Diagnosing or determining a patient’s health status falls under the abstract concept of managing personal behaviors of people, as evaluating health based on data is regularly performed by doctors for their patients. It is important to note that the examples provided by the MPEP such as social activities, teaching, and following rules or instructions are provided as examples and not an exclusive listing. Additionally, the claim is also directed towards “select[ing] at least one among the plurality of populations”, which is an action performed by the user.
Accordingly, the claim recites an abstract idea.
Claim 19:
A body composition measurement system comprising:
a plurality of body composition analyzers, each body composition analyzer including a main unit on which a user stands for measuring a weight of the user;
and a body composition obtaining section configured to obtain a measured value of body composition of a user standing on the main unit;
a server configured to store a plurality of populations of body composition with different categories; and
an evaluation section configured to select at least one among the plurality of populations with different categories and to obtain an evaluation of the measured value with respect to body composition in the selected population;
wherein the evaluation is at least one of the following: body fat percentage, muscle mass, bone mass, basal metabolism, and visceral fat,
wherein each body composition obtaining section and the positioning information determination section are connected to the main unit of the respective body composition analyzer,
wherein the body composition obtaining section is configured to send the obtained measured value to the server, and
wherein the server is configured to receive the measured value from the plurality of the body composition obtaining sections of the plurality of devices body composition analyzers and add the measured values to a corresponding population automatically in response to obtaining of the measured values, thereby adding the measured values obtained by the respective body composition obtaining section of the plurality of body composition analyzers to the population in the server,
wherein the server is configured to generate a deviation value formula or a deviation value table from each population of different categories, each population comprising a plurality of measured values of body composition, to specify a relationship between the measured values of the body composition and the positioning information,
wherein the positioning information determination section is configured to determine the positioning information of the measured value of the body composition of the user by using the deviation value formula or the deviation value table derived from the population in a selected category, and
wherein categories of the population include categories relating to at least one of age, gender, region, country, race, sport species, occupation, and company.
These above limitations, not in bold, under their broadest reasonable interpretation, cover performance of the limitation as mathematical concepts. The claim elements are directed towards “generat[ing] a deviation value formula or a deviation value table from each population of different categories,…, to specify a relationship between the measured values of the body composition and the positioning information” and “using the deviation value formula or the deviation value table derived from the population in a selected category”, which is directed towards mathematical formula as well as mathematical relationships.
These above limitations, under their broadest reasonable interpretation, also cover performance of the limitation as certain methods of organizing human activity. The claim elements are directed towards “obtain[ing] a measured value of body composition of a user” in order “to obtain an evaluation of the measured value with respect to body composition in the selected population”, which is analogous to diagnosing or determining a patient’s health status in comparison to others. Diagnosing or determining a patient’s health status falls under the abstract concept of managing personal behaviors of people, as evaluating health based on data is regularly performed by doctors for their patients. Additionally, the claim is also directed towards “select[ing] at least one among the plurality of populations”, which is an action performed by the user.
Accordingly, the claim recites an abstract idea.
Subject Matter Eligibility Criteria – Step 2A – Prong Two:
Regarding Prong Two of Step 2A of the Alice/Mayo test, it must be determined whether the claim as a whole integrates the idea into a practical application. As noted at MPEP §2106.04 (ID)(A)(2), it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.” MPEP §2106.05(I)(A).
Additional elements in the claims:
a plurality of body composition analyzers, a main unit (1,19); a server (1,19); a body composition obtaining section (1-2,19); a positioning information determination section (1, 12, 15,21); evaluation section (19)
The body composition analyzers and corresponding main units are taught at a high level of generality. [0003] of Applicant specification recites: “Conventionally, body composition analyzers are known to obtain measured values of body composition based on information such as height, weight, age, and gender, and bioelectrical impedance of each part of the human body obtained by measurement.” No specific, technical improvements are being made to the technology of body composition analyzers.
Any computing devices that would be able to perform the method are taught at a high level of generality such that the claim elements amounts to no more than mere instructions to apply the exception using any generic component capable of performing the claim limitations. The Examiner cites [0081] of Applicant specification: “The information processing device may be, for example, an information processing device such as a smartphone or a tablet computer.” No specific, technical improvements are being made to the technology of computing devices as generic computing devices are simply applied to perform the abstract idea.
The server is also taught at a high level of generality such that the claim elements amount to no more than mere instructions. The Examiner cites [0016] of Applicant specification: “The positioning formula or positioning table may be generated by a terminal device such as a body composition analyzer, a tablet computer, a smartphone, or the like, or may be generated by a server computer.” No specific, technical improvements are being made to the technology of server devices.
The body composition obtaining section, positioning information determination section, and evaluation section are software stored within and executed by the computing device to perform the abstract functions described in the Prong One analysis. Thus, instant claims seem analogous to "apply it" (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f).
Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole with the limitations reciting the at least one abstract idea, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole does not integrate the abstract idea into a practical application of the abstract idea. MPEP §2106.05(I)(A) and §2106.04(IID)(A)(2).
The remaining dependent claim limitations not addressed above fail to integrate the abstract idea into a practical application as set forth below:
Claim 2: This claim recites wherein each body composition obtaining section is configured to obtain the measured value by measuring the body composition of the user; which teaches the body composition obtaining sections at a high level of generality such that they are only applied to measure body composition and perform an insignificant extra-solution activity of obtaining data from.
Claim 12: This claim recites wherein the positioning information determination section is configured to select a population of a category to which the user belongs; which only serves to limit the abstract idea of selecting the population.
Claims 15: This claim recites wherein the positioning information determination section is configured to select the population of a category selected by the user; which only serves to limit the abstract idea of selecting the population.
Claim 21: This claim recites wherein the positioning information determination section is configured to select any one population from a plurality of populations including populations to which the user does not belong; which only serves to limit the abstract idea of selecting the population.
Subject Matter Eligibility Criteria – Step 2B:
Regarding Step 2B of the Alice/Mayo test, representative independent claims do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for reasons the same as those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application.
These claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to discussion of integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply an exception, add insignificant extra-solution activity to the abstract idea, and generally link the abstract idea to a particular technological environment or field use. Additionally, the additional limitations, other than the abstract idea per se, amount to no more than limitations which:
Amount to elements that have been recognized as activities in particular fields
(Receiving or transmitting data over a network, e.g., using the Internet to gather data,
MPEP §2106.05(d)(II)(i); Storing and retrieving information in memory, Versata Dev.
Group, MPEP §2106.05(d)(II)(iv)).
Prior art is provided below to demonstrate that a body composition analyzer that communicates with a remote server/computing device is known:
[0176] of Ozawa (US 20130172775): “The condition information processing apparatus 100B is a personal computer, or a mobile terminal apparatus such as a smart phone, which is capable of communicating with the body composition analyzer 200 through a communication network NET such as the Internet or a LAN.”
[0488] of Chetham (US 20170209066): “The above examples have been described on the basis of the selection of the preferred impedance measurements and analysis being performed by a first processing system 10 provided as part of the measuring device 1. However, this is not essential and that any or all of the functionality described could be performed by a processing system that is remotely located to the measuring device 1, as will now be described with respect to FIG. 13.”
[0489] further recites: “a base station 1300 is coupled to a number of measuring devices 1, and a number of end stations 1303 via a communications network 1302, such as the Internet, and/or via communications networks 1304, such as local area networks (LANs), or wide area networks (WANs).”
Dependent claims recite additional subject matter which, as discussed above with respect to integration of the abstract idea into a practical application, amount to invoking computers as a tool to perform the abstract idea. Dependent claims recite additional subject matter which amount to limitations consistent additional subject matter which amount to limitations consistent with the additional elements in the independent claims (such as claims 2, 12, 15, and 21, additional limitations which amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields, claims 2, 12, 15, and 21, e.g., performing repetitive calculations, Flook, MPEP §2106.05(d)(II)(ii); claims 2, 12, 15, and 21, e.g., storing and retrieving information in memory, Versata Dev. Group, MPEP §2106.05(d)(II)(iv). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. 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.
Therefore, whether taken individually or as an ordered combination, claims 1-2, 12, 15, 19, and 21 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 12, 15, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (US 20050080352) in view of Chetham (US 20170209066).
Regarding claim 1, Sato teaches a body composition measurement system, comprising:
a body composition analyzer including a main unit on which a user stands for measuring a weight of the user ([0068], “As shown in FIG. 1, a body type determining apparatus 10 comprises a scale-incorporated bioelectrical impedance meter 20 and a control box 40 which are connected to each other via electric cables 30.” [0069], “it incorporates a body weight measuring unit 25, and the body weight measuring unit 25 as well as the voltage measuring circuit 24 are connected to an A/D converter 26 which converts an analog signal into a digital signal.”);
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a body composition obtaining section configured to obtain a measured value of body composition of a user standing on the main unit ([0061-0062], “the impedance measuring unit measures a bioelectrical impedance, the calculation unit calculates a body mass index and a body composition index based on the personal physical data and the bioelectrical impedance” [0083], “the scale-incorporated bioelectrical impedance meter 20”). The Examiner interprets the impedance measuring unit, which receives measurements that are used to calculate body composition, to encompass the body composition obtaining section. Furthermore, the impedance meter is incorporated in a weight scale, which a patient must stand on to be measured.
a server configured to store a plurality of populations of body composition with different categories ([0070], “the HIGH-FREQUENCY constant current circuit 23 and the A/D converter 26 are connected to a CPU 45 which controls calculations, determinations, display and storage of various data in the control box 40 via the electric cables 30. The CPU 45 is connected to a data input unit 41 which inputs data by means of the operation keys, a display unit 42 which displays the results of calculations and determinations in numerical values or as graphs, a storage unit 43 which stores a number of regression formulae preset as determination standards and various data, and a calculation unit 44 which sets body type determination standards by calculations of various data and calculations of normal values by the regression formulae and determines body types.” [0074], “For example, when the subject is a male of 30's, a regression formula prepared by using normal adult males as a population is read in.” [0078], “Further, by setting a determination standard prepared by using top athletes as a population for each type of sports”). The Examiner notes that one of ordinary skill in the art would recognize that a CPU is an integral part of any server device.
And a positioning information determination section configured to determine positioning information, which is information indicating the position of the measured value of the body composition of the user in a population ([0043], “The standard setting unit sets a number of body type determination standards for different objects for comparison. Thus, a more appropriate body type determination standard for a subject can be selected, and more accurate determination can be made. Further, the physical condition of a subject with respect to a variety of objects for comparison can be known.” [0077], “While the regression formulae prepared by using normal adult males as a population are automatically selected as determination standards according to gender and age in the above STEPS S6 and S7, a number of determination standards set for more specific objects for comparison can be selected manually in STEP S9. The objects for comparison are classified by, for example, races, the types of athletes or ages which are more specific than notions such as elderly people and children, and regression formulae corresponding to these objects for comparison are stored in the storage unit 43.”). The Examiner interprets comparing the measured values with the determination standard, which is determined using a regression formula for a specific population, to encompass positioning information, as it would determine a person’s position compared to a standard athlete, for example.
wherein the positioning information is at least one of the following: body fat percentage, muscle mass, bone mass, basal metabolism, and visceral fat ([0073], “a body fat percentage, a body fat mass and a lean mass are calculated from the above measured body weight and bioelectrical impedance value”),
wherein each body composition obtaining section is connected to the main unit of the respective body composition analyzer ([0068], “As shown in FIG. 1, a body type determining apparatus 10 comprises a scale-incorporated bioelectrical impedance meter 20 and a control box 40 which are connected to each other via electric cables 30.” [0070], “Further, the HIGH-FREQUENCY constant current circuit 23 and the A/D converter 26 are connected to a CPU 45 which controls calculations, determinations, display and storage of various data in the control box 40 via the electric cables 30. The CPU 45 is connected to a data input unit 41 which inputs data by means of the operation keys, a display unit 42 which displays the results of calculations and determinations in numerical values or as graphs, a storage unit 43 which stores a number of regression formulae preset as determination standards and various data, and a calculation unit 44 which sets body type determination standards by calculations of various data and calculations of normal values by the regression formulae and determines body types.”),
wherein the positioning information determination section is configured to determine the positioning information of the measured value of the body composition of the user by using the deviation value formula or the deviation value table derived from the population in a selected category ([0043], “The standard setting unit sets a number of body type determination standards for different objects for comparison. Thus, a more appropriate body type determination standard for a subject can be selected, and more accurate determination can be made. Further, the physical condition of a subject with respect to a variety of objects for comparison can be known.” [0029], “The body type determining unit sets a proper range or abnormal range of a body type based on at least one statistical technique out of the percentile value of the body composition index based on the normal value, or standard deviation of the body composition index based on the normal value, or Z score based on the standard deviation and determines a body type by a range to which the body composition index belongs.” [0077], “While the regression formulae prepared by using normal adult males as a population are automatically selected as determination standards according to gender and age in the above STEPS S6 and S7,”). The Examiner interprets comparing the measured values with standard deviations of indexes, which is determined using a regression formula for a specific population, to encompass positioning information derived from a deviation value formula or table, as it would determine a person’s position compared to a standard athlete, for example. Furthermore, in Fig. 4 above, a user can extrapolate one’s position within a population by identifying their body composition index value.
wherein categories of the population include categories relating to at least one of age, gender, region, country, race, sport species, occupation, and company ([0074], “. A number of such regression formulae are set according to, e.g., genders and ages, and an appropriate regression formula is automatically selected and retrieved based on the gender and age set in setting of physical data in STEP S1. For example, when the subject is a male of 30's, a regression formula prepared by using normal adult males as a population is read in.” [0078], “Thereby, for example, when the subject is an athlete, determination of the body type of the subject as an athlete can be made by selecting an appropriate object for comparison from objects for comparison which are classified according to the types of sports.”).
Sato does not teach a plurality of body composition analyzers, wherein the body composition obtaining section is configured to send the obtained measured value to the server, and wherein the server is configured to receive the measured value from the plurality of body composition obtaining sections of the plurality of body composition analyzers and add the measured values to a corresponding population automatically in response to obtaining of the measured values, thereby adding the measured values obtained by the respective body composition obtaining section of the plurality of body composition analyzers to the population in the server, and wherein the server is configured to generate a deviation value formula or a deviation value table from each population of different categories, each population comprising a plurality of measured values of body composition, to specify a relationship between the measured values of the body composition and the positioning information.
However, Chetham does teach a plurality of body composition analyzers ([0489], “a base station 1300 is coupled to a number of measuring devices 1” [0303], “At step 140 the measuring device, operates to digitise and sample the voltage and current signals across the subject S, allowing these to be used to determine instantaneous bioimpedance values for the subject S at step 150.”),
wherein the body composition obtaining section is configured to send the obtained measured value to the server ([0492], “Once impedance measurements have been collected, these are transferred via the external interface 23 to the end station 1303” [0509], “the base station 1300 includes a processing system 1310, coupled to a database 1311... It will be appreciated that the processing system 1310 may therefore be a server or the like.” [0496], “the end station 1303 can effectively perform the tasks to performed by the first processing system 10 in the examples throughout the specification.” [0488], “any or all of the functionality described could be performed by a processing system that is remotely located to the measuring device 1, as will now be described with respect to FIG. 13.”). Examiner notes that as the end system may perform all functionality of a processing system, which is a base station that comprises a server, it would be obvious to one of ordinary skill in the art that the end system may also be a server that performs all functions of the base station.
wherein the server is configured to receive the measured value from a plurality of the body composition obtaining sections of a plurality of devices and add the measured values to a corresponding population automatically in response to obtaining of the measured values, thereby adding the measured values obtained by the body composition measurement section of the plurality of devices to the population in the server ([0429], “the process can also be used to add data to the normal population table. This is achieved by performing the measurement process outlined above, and in the event that the subject does not suffer from oedema, for example if surgery has not yet been performed, importing the data into the normal population table. This can be performed in addition to adding the measurements to the subject record, so that measurements collected from a healthy individual can be used for subsequent longitudinal analysis and/or as a normal population reference.”), and
wherein the server is configured to generate a deviation value formula or a deviation value table from each population of different categories, each population comprising a plurality of measured values of body composition, to specify a relationship between the measured values of the body composition and the positioning information ([0465], “In addition to simply displaying the absolute reference value determined, it is also possible to display standard deviations as shown at 1059 to thereby provide an indication of the degree of variation from the base line.” [0464], “An example of the use of a subject's specific reference value is shown in FIG. 11F. In this instance the reference value is based on R.sub.0 as shown at 1058. Accordingly, it can be seen that variation of the value R.sub.0 compared to the reference is indicative of oedema. The generation of a report by comparison to normal population data will be performed in a similar manner.” [0463], “reference values can also be displayed based either on the normalised population reference or subject specific reference.”).
Sato in view Chetham are considered analogous to the claimed invention because they are in the field of body composition systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sato with Chetham for the advantage of “add[ing] data to the… population table” (Chetham; [0429]).
Regarding claim 2, Sato in view of Chetham teaches the body composition measurement system of claim 1. Sato further teaches wherein each body composition obtaining section is configured to obtain the measured value by measuring the body composition of the user ([0061-0062], “the impedance measuring unit measures a bioelectrical impedance, the calculation unit calculates a body mass index and a body composition index based on the personal physical data and the bioelectrical impedance,”).
Regarding claim 12, Sato in view of Chetham teaches the body composition measurement system of claim 1. Sato further teaches wherein the positioning information determination section is configured to select a population of a category to which the user belongs ([0077], “While the regression formulae prepared by using normal adult males as a population are automatically selected as determination standards according to gender and age in the above STEPS S6 and S7, a number of determination standards set for more specific objects for comparison can be selected manually in STEP S9. The objects for comparison are classified by, for example, races, the types of athletes or ages which are more specific than notions such as elderly people and children, and regression formulae corresponding to these objects for comparison are stored in the storage unit 43.”).
Regarding claim 15, Sato in view of Chetham teaches the body composition measurement system of claim 1. Sato further teaches wherein the positioning information determination section is configured to select a population of a category selected by the user ([0077], “While the regression formulae prepared by using normal adult males as a population are automatically selected as determination standards according to gender and age in the above STEPS S6 and S7, a number of determination standards set for more specific objects for comparison can be selected manually in STEP S9. The objects for comparison are classified by, for example, races, the types of athletes or ages which are more specific than notions such as elderly people and children, and regression formulae corresponding to these objects for comparison are stored in the storage unit 43.”).
Regarding claim 19, Sato teaches a body composition measurement system comprising:
a body composition analyzer including a main unit on which a user stands for measuring a weight of the user ([0068], “As shown in FIG. 1, a body type determining apparatus 10 comprises a scale-incorporated bioelectrical impedance meter 20 and a control box 40 which are connected to each other via electric cables 30.” [0069], “it incorporates a body weight measuring unit 25, and the body weight measuring unit 25 as well as the voltage measuring circuit 24 are connected to an A/D converter 26 which converts an analog signal into a digital signal.”);
and a body composition obtaining section configured to obtain a measured value of body composition of a user standing on the main unit ([0061-0062], “the impedance measuring unit measures a bioelectrical impedance, the calculation unit calculates a body mass index and a body composition index based on the personal physical data and the bioelectrical impedance,” [0083], “the scale-incorporated bioelectrical impedance meter 20”). The Examiner interprets the impedance measuring unit, which receives measurements that are used to calculate body composition, to encompass the body composition obtaining section. Furthermore, the impedance meter is incorporated in a weight scale, which a patient must stand on to be measured.
a server configured to store a plurality of populations of body composition with different categories ([0070], “the HIGH-FREQUENCY constant current circuit 23 and the A/D converter 26 are connected to a CPU 45 which controls calculations, determinations, display and storage of various data in the control box 40 via the electric cables 30. The CPU 45 is connected to a data input unit 41 which inputs data by means of the operation keys, a display unit 42 which displays the results of calculations and determinations in numerical values or as graphs, a storage unit 43 which stores a number of regression formulae preset as determination standards and various data, and a calculation unit 44 which sets body type determination standards by calculations of various data and calculations of normal values by the regression formulae and determines body types.” [0074], “For example, when the subject is a male of 30's, a regression formula prepared by using normal adult males as a population is read in.” [0078], “Further, by setting a determination standard prepared by using top athletes as a population for each type of sports”). The Examiner notes that one of ordinary skill in the art would recognize that a CPU is an integral part of any server device.
And an evaluation section configured to select at least one among the plurality of populations with different categories and to obtain an evaluation of the measured value with respect to body composition in the selected population ([0071], “FIGS. 4 and 5 are graphs illustrating regression formulae which are statistically determined from measured data obtained by using normal adult males as a population. FIG. 4 is a graph illustrating the relationship between FMI and BMI which represents a determination standard for a body fat mass, and FIG. 5 is a graph illustrating the relationship between LMI and BMI which represents a determination standard for a lean mass.” [0077], “While the regression formulae prepared by using normal adult males as a population are automatically selected as determination standards according to gender and age in the above STEPS S6 and S7, a number of determination standards set for more specific objects for comparison can be selected manually in STEP S9. The objects for comparison are classified by, for example, races, the types of athletes or ages which are more specific than notions such as elderly people and children, and regression formulae corresponding to these objects for comparison are stored in the storage unit 43.”). The Examiner interprets Fig. 4, below, to be an example of an evaluation of the measured value with respect to body composition in a selected population.
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wherein the positioning information is at least one of the following: body fat percentage, muscle mass, bone mass, basal metabolism, and visceral fat ([0073], “a body fat percentage, a body fat mass and a lean mass are calculated from the above measured body weight and bioelectrical impedance value”),
wherein each body composition obtaining section is connected to the main unit of the respective body composition analyzer ([0068], “As shown in FIG. 1, a body type determining apparatus 10 comprises a scale-incorporated bioelectrical impedance meter 20 and a control box 40 which are connected to each other via electric cables 30.” [0070], “Further, the HIGH-FREQUENCY constant current circuit 23 and the A/D converter 26 are connected to a CPU 45 which controls calculations, determinations, display and storage of various data in the control box 40 via the electric cables 30. The CPU 45 is connected to a data input unit 41 which inputs data by means of the operation keys, a display unit 42 which displays the results of calculations and determinations in numerical values or as graphs, a storage unit 43 which stores a number of regression formulae preset as determination standards and various data, and a calculation unit 44 which sets body type determination standards by calculations of various data and calculations of normal values by the regression formulae and determines body types.”),
wherein the positioning information determination section is configured to determine the positioning information of the measured value of the body composition of the user by using the deviation value formula or the deviation value table derived from the population in a selected category ([0043], “The standard setting unit sets a number of body type determination standards for different objects for comparison. Thus, a more appropriate body type determination standard for a subject can be selected, and more accurate determination can be made. Further, the physical condition of a subject with respect to a variety of objects for comparison can be known.” [0029], “The body type determining unit sets a proper range or abnormal range of a body type based on at least one statistical technique out of the percentile value of the body composition index based on the normal value, or standard deviation of the body composition index based on the normal value, or Z score based on the standard deviation and determines a body type by a range to which the body composition index belongs.” [0077], “While the regression formulae prepared by using normal adult males as a population are automatically selected as determination standards according to gender and age in the above STEPS S6 and S7,”). The Examiner interprets comparing the measured values with the determination standard, which is determined using a regression formula for a specific population, to encompass positioning information, as it would determine a person’s position compared to a standard athlete, for example. Furthermore, in Fig. 4 above, a user can extrapolate one’s position within a population by identifying their body composition index value.
wherein categories of the population include categories relating to at least one of age, gender, region, country, race, sport species, occupation, and company ([0074], “. A number of such regression formulae are set according to, e.g., genders and ages, and an appropriate regression formula is automatically selected and retrieved based on the gender and age set in setting of physical data in STEP S1. For example, when the subject is a male of 30's, a regression formula prepared by using normal adult males as a population is read in.” [0078], “Thereby, for example, when the subject is an athlete, determination of the body type of the subject as an athlete can be made by selecting an appropriate object for comparison from objects for comparison which are classified according to the types of sports.”).
Sato does not teach a plurality of body composition analyzers, wherein the body composition obtaining section is configured to send the obtained measured value to the server, and wherein the server is configured to receive the measured value from the plurality of body composition obtaining sections of the plurality of body composition analyzers and add the measured values to a corresponding population automatically in response to obtaining of the measured values, thereby adding the measured values obtained by the respective body composition obtaining section of the plurality of body composition analyzers to the population in the server, and wherein the server is configured to generate a deviation value formula or a deviation value table from each population of different categories, each population comprising a plurality of measured values of body composition, to specify a relationship between the measured values of the body composition and the positioning information.
However, Chetham does teach a plurality of body composition analyzers ([0489], “a base station 1300 is coupled to a number of measuring devices 1” [0303], “At step 140 the measuring device, operates to digitise and sample the voltage and current signals across the subject S, allowing these to be used to determine instantaneous bioimpedance values for the subject S at step 150.”),
wherein the body composition obtaining section is configured to send the obtained measured value to the server ([0492], “Once impedance measurements have been collected, these are transferred via the external interface 23 to the end station 1303” [0509], “the base station 1300 includes a processing system 1310, coupled to a database 1311... It will be appreciated that the processing system 1310 may therefore be a server or the like.” [0496], “the end station 1303 can effectively perform the tasks to performed by the first processing system 10 in the examples throughout the specification.” [0488], “any or all of the functionality described could be performed by a processing system that is remotely located to the measuring device 1, as will now be described with respect to FIG. 13.”),
wherein the server is configured to receive the measured value from a plurality of the body composition obtaining sections of a plurality of devices and add the measured values to a corresponding population automatically in response to obtaining of the measured values, thereby adding the measured values obtained by the body composition measurement section of the plurality of devices to the population in the server ([0429], “the process can also be used to add data to the normal population table. This is achieved by performing the measurement process outlined above, and in the event that the subject does not suffer from oedema, for example if surgery has not yet been performed, importing the data into the normal population table. This can be performed in addition to adding the measurements to the subject record, so that measurements collected from a healthy individual can be used for subsequent longitudinal analysis and/or as a normal population reference.”), and
wherein the server is configured to generate a deviation value formula or a deviation value table from each population of different categories, each population comprising a plurality of measured values of body composition, to specify a relationship between the measured values of the body composition and the positioning information ([0465], “In addition to simply displaying the absolute reference value determined, it is also possible to display standard deviations as shown at 1059 to thereby provide an indication of the degree of variation from the base line.” [0464], “An example of the use of a subject's specific reference value is shown in FIG. 11F. In this instance the reference value is based on R.sub.0 as shown at 1058. Accordingly, it can be seen that variation of the value R.sub.0 compared to the reference is indicative of oedema. The generation of a report by comparison to normal population data will be performed in a similar manner.” [0463], “reference values can also be displayed based either on the normalised population reference or subject specific reference.”).
Sato in view Chetham are considered analogous to the claimed invention because they are in the field of body composition systems. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sato with Chetham for the advantage of “add[ing] data to the… population table” (Chetham; [0429]).
Regarding claim 21, Sato in view of Chetham teaches the body composition measurement system of claim 1. Sato further teaches wherein the positioning information determination section is configured to select any one population from a plurality of populations including populations to which the user does not belong ([0077], “While the regression formulae prepared by using normal adult males as a population are automatically selected as determination standards according to gender and age in the above STEPS S6 and S7, a number of determination standards set for more specific objects for comparison can be selected manually in STEP S9. The objects for comparison are classified by, for example, races, the types of athletes or ages which are more specific than notions such as elderly people and children, and regression formulae corresponding to these objects for comparison are stored in the storage unit 43.” [0079], “when the subject is an elderly person, the body type of the subject can be expressed as muscle age or the like by use of determination based on a standard for the young as well as determination based on a standard for people of the same age as the subject.”). The Examiner notes that an elderly person is not young. Therefore, the ability to show an elderly person’s muscle age with respect to a youthful population exemplifies the above claim limitation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID CHOI whose telephone number is (571)272-3931. The examiner can normally be reached M-Th:8:30-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shahid Merchant can be reached on (571)270-1360. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.C./Examiner, Art Unit 3684
/Shahid Merchant/Supervisory Patent Examiner, Art Unit 3684