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 .
Election/Restrictions
Claims 13-15, 17-22, and 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Groups II-III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 22nd, 2025.
Applicant’s election without traverse of Group I (Claims 1-10) in the reply filed on October 22nd, 2025 is acknowledged.
Abstract
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. Currently, the abstract is over 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Specification
The amendment filed October 21st, 2022 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The incorporation by reference of the international patent application PCT/CN2021/083893 and of the foreign patent application Chinese Patent Application No. 202010326694.3 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of the associated PCT, in this case March 30th, 2021, see MPEP 1893.03(b). Therefore, the specification amendment of October 21st, 2022 to include the incorporation by reference is new matter, per MPEP 608.01(p). Applicant is required to cancel the new matter in the reply to this Office Action.
In order to overcome the objection, Examiner suggests that the Applicant file an amendment to their specification that removes the statement “both of which are hereby incorporated by reference in their entireties”.
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 2-10 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 2 recites “wherein the detector further comprises a humidity measurement assembly electrically coupled to the processor, embedded in the impedance measurement assembly, and comprising a third upper surface that is configured for contact with the human body for measurement” in lines 1-6. It is unclear as to what limitation “embedded in the impedance measurement assembly” is modifying, as it could be interpreted as modifying the “processor”, “humidity measurement assembly”, or “detector”. Furthermore, it is unclear as to what limitation “comprising a third upper surface that is configured for contact with the human body for measurement” is modifying, as it could be interpreted as modifying the “humidity measurement assembly” or “detector”. Clarification is requested.
Claim 6 recites “a third upper surface” in line 2. It is unclear as to whether this limitation is referring to the previously introduced “third upper surface” from Claim 2, or a separate element.
Claim 6 further recites “the third upper surface” in line 8. It is unclear as to whether this limitation is referring to the previously introduced “third upper surface” from line 2 of Claim 6 or “third upper surface” from Claim 2.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou (U.S. Publication No. 2018/271446; cited by Applicant).
Regarding Claim 1, Zhou discloses a device (smart toilet with a function of detecting the body composition; Abstract) comprising:
a detector (body composition detecting module 4; [0042]) comprising:
an impedance measurement assembly (driving electrode plate 411; acquisition probe 412) comprising a first upper surface that is configured for contact with a human body for measuring impedance (the body composition detecting module 4 includes driving electrode plate 411 and acquisition probe 412. Driving electrode plate 411 is provided on the toilet base or the machine body and is used to input AC electrical signals into the human body. Acquisition probe 412 is used to acquire components of the above AC electrical signals on the human body; [0042]; Figure 1); and
a dehumidification assembly (temperature control module 8; user cleaning module 9; [0052-0054]);
a support layer comprising a processor (controller 3; [0042]) electrically coupled with the impedance measurement assembly (controller 3 and following modules that are electrically connected to controller 3 respectively, i.e., body composition detecting module 4; [0042]) and the dehumidification assembly (The toilet seat temperature control module 8 includes a temperature sensor and a toilet seat heating module that are provided on the toilet seat and are electrically connected to the controller respectively; [0052]; In order to enrich the functions, the smart toilet further includes user cleaning module 9 which is electrically connected to controller 3; [0054]); and
a housing (toilet base 2; machine body 1; [0042]) enclosing the impedance measurement assembly (The smart toilet includes toilet base 2, wherein the smart toilet further includes machine body 1 which is connected to the toilet base. The machine body 1 is provided with controller 3 and following modules that are electrically connected to controller 3 respectively, i.e., body composition detecting module 4; [0042]), the dehumidification assembly (the smart toilet further includes the toilet seat temperature control module 8…the smart toilet further includes user cleaning module 9; [0052-0054]), and the processor (The machine body 1 includes machine body main part 10, toilet seat 12 which is pivotally connected to machine body main part 10, and a rotatory rear cover is provided on toilet base 2. The smart toilet further includes the toilet seat temperature control module 8 which is electrically connected to controller 3 and controls the temperature of the toilet sea. The toilet seat temperature control module 8 includes a temperature sensor and a toilet seat heating module that are provided on the toilet seat and are electrically connected to the controller respectively; [0027]) and comprising a second upper surface (surface of toilet seat 12),
wherein the impedance measurement assembly is embedded on the second upper surface (The driving electrode plate 411 and acquisition probe 412 are metal plates and are provided on toilet seat 12. There are a pair of driving electrode plates 411 and a pair of acquisition probes 412. When the person goes to the bathroom and sits on the toilet seat, the thighs of the person contact the driving electrode plate and acquisition probe; [0048]), and
wherein the first upper surface is flush with or higher than the second upper surface (The driving electrode plate 411 and acquisition probe 412 are metal plates and are provided on toilet seat 12; [0048]; Examiner’s Note: the driving electrode plate 411 and acquisition probe 412 is flush with the or higher than the surface of the toilet seat 12, as they are provided on toilet seat 12 and configured to contact the thighs of the person sitting on the seat).
Regarding Claim 2, Zhou discloses wherein the detector further comprises a humidity measurement assembly electrically coupled to the processor (the smart toilet further includes user cleaning module 9…includes a temperature sensor; [0054-0055]), embedded in the impedance measurement assembly, and comprising a third upper surface that is configured for contact with the human body for measurement (The human body sensing module 7 includes a capacitive sensor, a pressure sensor, or an inductive electrode plate…the capacitive sensor, the pressure sensor, or the inductive electrode plate is provided on the toilet base 2 or machine body 1. After the person sits down, the person directly or indirectly contacts the capacitive sensor, the pressure sensor, or the inductive electrode plate, causing capacitance change of the capacitive sensor, making the pressure sensor generate the piezoelectric effects, or leading to current change or voltage change of the circuit connected to the sensor or inductive electrode plate…therefore, the controller can determine whether the user has sat down; [0050]).
Regarding Claim 3, Zhou discloses wherein the dehumidification assembly is an electric heating element (The toilet seat heating module can include electrical heating tube, heating wire or electromagnetic heating group, and further includes some necessary power supply and control circuits. The user can conveniently adjust the temperature of the toilet seat through the toilet seat temperature control module 8, which is helpful to improve user experience of the present invention; [0052]), wherein the impedance measurement assembly, the housing, the electric heating element, and the support layer are stacked from a top to a bottom (Examiner’s Note: Figure 1 shows wherein these elements are stacked together), wherein the device further comprises a through hole on each of the impedance measurement assembly, the housing, and the electric heating element (Examiner’s Note: Figure 1 shows that there is a hole in the seat, which qualifies as a through hole on each of the impedance measurement assembly, the housing, and the electric heating element), wherein the humidity measurement assembly is mounted in the through hole (Examiner’s Note: Figure 1 shows wherein user cleaning module 9 is mounted in the through hole), and wherein a lower end of the humidity measurement assembly is electrically coupled to the support layer (the smart toilet further includes user cleaning module 9 which is electrically connected to controller 3; [0054]).
Regarding Claim 4, Zhou discloses wherein the through hole is centered on the impedance measurement assembly and the electric heating element (Examiner’s Note: Figure 1 shows the through hole is centered on the toilet seat, which is equivalent to both the impedance measurement assembly and the electric heating element).
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 (i.e., changing from AIA to pre-AIA ) 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 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Lin (U.S. Patent No. 5,613,304).
Regarding Claim 5, Zhou discloses wherein the dehumidification assembly is a fan (fan module 94; [0054]), wherein the impedance measurement assembly, the housing, the fan, and the support layer are stacked from a top to a bottom (Examiner’s Note: Figure 1 shows wherein these elements are stacked together), and wherein the device further comprises:
a through hole on each of the impedance measurement assembly, the housing, and the fan (Examiner’s Note: Figure 1 shows that there is a hole in the seat, which qualifies as a through hole on each of the impedance measurement assembly, the housing, and the fan), wherein the humidity measurement assembly is mounted in the through hole (Examiner’s Note: Figure 1 shows wherein user cleaning module 9 is mounted in the through hole), and wherein a lower end of the humidity measurement assembly is electrically coupled to the processor (the smart toilet further includes user cleaning module 9 which is electrically connected to controller 3; [0054]); and
an air vent located at corresponding positions on the impedance measurement assembly and the housing (Examiner’s Note: Figure 1 shows that there is a hole in the seat, which qualifies as an air vent located at corresponding position on the impedance measurement assembly and the housing).
Zhou fails to teach a plurality of air vents.
In a similar technical field, Lin teaches a foot dryer and weight scale (Abstract), comprising a plurality of air vents (The upper housing 1 has two groups of many small air holes 3 in an upper surface just on two air chambers 4 and 5 provided under the upper surface; Column 2 Lines 17-19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the air vent teachings of Lin into the invention of Zhou in order to enable air to flow out and dry the user (Lin Column 1 Lines 38-39).
Regarding Claim 6, Zhou discloses wherein the dehumidification assembly is a fan (fan module 94; [0054]), wherein the fan comprises a third upper surface (surface of fan module 94), wherein the humidity measurement assembly comprises a first electrode (Examiner’s Note: Figure 1 shows a pair of electrode plates 411), wherein the impedance measurement assembly comprises a second electrode (Examiner’s Note: Figure 1 shows a pair of electrode plates 411), wherein the impedance measurement assembly, the housing, the fan, and the support layer are stacked from a top to a bottom (Examiner’s Note: Figure 1 shows wherein these elements are stacked together), and wherein the device further comprises:
a through hole on each of the impedance measurement assembly and the housing (Examiner’s Note: Figure 1 shows that there is a hole in the seat, which qualifies as a through hole on each of the impedance measurement assembly and the housing), wherein the humidity measurement assembly is mounted in the through hole (Examiner’s Note: Figure 1 shows wherein user cleaning module 9 is mounted in the through hole);
wherein the first electrode and the second electrode are coupled to the processor (The body composition detecting module 4 includes driving electrode plate 411 and acquisition probe 412. Driving electrode plate 411 is provided on the toilet base or the machine body and is used to input AC electrical signals into the human body. Acquisition probe 412 is used to acquire components of the above AC electrical signals on the human body and to transfer the acquired electrical signals to controller 3; [0042]); and an air vent located at corresponding positions on the impedance measurement assembly and the housing (Examiner’s Note: Figure 1 shows that there is a hole in the seat, which qualifies as an air vent located at corresponding position on the impedance measurement assembly and the housing).
Zhou fails to teach a wire duct on the third upper surface; and a plurality of air vents.
In a similar technical field, Lin teaches a foot dryer and weight scale (Abstract), comprising a wire duct on the third upper surface (cord 14; Examiner’s Note: Figure 11 shows wherein cord 14 goes into a wire duct on the side surface, which is equivalent to the third upper surface); and a plurality of air vents (The upper housing 1 has two groups of many small air holes 3 in an upper surface just on two air chambers 4 and 5 provided under the upper surface; Column 2 Lines 17-19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the wire duct teachings of Lin into the invention of Zhou in order to ensure the wiring is protected and enclosed and to have incorporated the air vent teachings of Lin into the invention of Zhou in order to enable air to flow out and dry the user (Lin Column 1 Lines 38-39).
Regarding Claim 7, Zhou discloses a fan (fan module 94; [0054]), and wherein the through hole is centered on the impedance measurement assembly, the housing, and the fan (Examiner’s Note: Figure 1 shows that there is a hole in the seat, which qualifies as a through hole that is centered on the impedance measurement assembly, the housing, and the fan).
Zhou fails to specifically disclose wherein the fan comprises a rotating shaft.
In a similar technical field, Lin teaches a foot dryer and weight scale (Abstract), wherein the fan (electric fan 12) comprises a rotating shaft (Figures 3, 4, and 10 show wherein the fan comprises a rotating shaft).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the rotating shaft teachings of Lin into the invention of Zhou in order to provide a rotating fan to blow air, which is powered electrically and easily controlled on and off by the user (Lin Column 2 Lines 27-35).
Regarding Claim 8, Zhou discloses wherein the through hole is centered on the impedance measurement assembly and the housing (Examiner’s Note: Figure 1 shows the through hole is centered on the toilet seat, which is equivalent to both the impedance measurement assembly and the housing).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Murphy et al U.S. Patent No. 10,398,343) and Afzali-Ardakani et al (U.S. Patent No. 9,726,634).
Regarding Claim 9, Zhou discloses wherein the impedance measurement assembly has an arc-shaped convex structure (Examiner’s Note: Figure 1 shows wherein elements 411 and 412 are arranged in an arc-shaped convex structure), and wherein the impedance measurement assembly comprises a conductive material (The driving electrode plate 411 and acquisition probe 412 are metal plates and are provided on toilet seat 12; [0048]).
Zhou fails to disclose wherein the dehumidification assembly is a drying ring disposed around the impedance measurement assembly.
In a similar technical field, Murphy teaches a perspiration sensor (Abstract), wherein the dehumidification assembly is a drying ring disposed around the impedance measurement assembly (As shown in FIGS. 3A and 3B, the perspiration sensor 100 can be constructed from two or more layers of insulating or dielectric material (e.g., a first layer 110, a second layer 120 and the third layer 130; Column 5 Lines 19-22; The second layer 120 forms a ring 122 that at least partially surrounds or encloses the dielectric material 124 in the dielectric space defined by the central chamber 26. When the three layers are bonded together, they form a central chamber 126 which encloses the dielectric material 124 (e.g., the moisture absorbent material); Column 5 Line 64 – Column 6 Line 3; Figure 4; the skin electrode 136 can be electrically connected to the dielectric material 124 in the central chamber 126 of the perspiration sensor 100 by extending circuit traces around or vias through the third layer 130 to the middle layer 120 and in contact with the dielectric material 124. In accordance with other embodiments, the skin electrode 136 can be electrically connected to the dielectric material 124 by circuit traces or wires that extend from the inner surface of the third layer 130 into the central chamber 126. The skin electrode 136 can be covered with a solder mask or other insulating material (e.g., skin adhesive tape). When the perspiration sensor 100 is adhered or placed in contact with the skin, the skin electrode 136 capacitively couples the dielectric material 124 to the skin; Column 6 Lines 20-33; Figure 5; As shown in FIGS. 6A and 6B, the third layer 130 includes one or more vias or plated through holes that electrically connect the skin electrode 136 to the inner surface of the third layer 130 and after assembly, make electrical contact with an inner trace or electrode 122 on the middle layer 120. The inner electrode 122 can extend into the central chamber 126 and make contact with the moisture absorbent dielectric material 124. In some embodiments of the invention, all or a portion of the inner surface 128 of the middle layer 120 can include a conductive material (e.g., copper or tin) that makes contact with the moisture absorbent dielectric material 124; Column 7 Lines 6-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the drying ring teachings of Murphy into the invention of Zhou in order to absorb moisture and thus, shield and stabilize the sensor to reduce noise (Murphy Column 1 Lines 29-60).
Zhou and Murphy fail to disclose wherein the impedance measurement assembly comprises a super-hydrophobic material.
In a similar technical field, Afzali-Ardakani teaches hydrophobic biosensing device (Abstract), wherein the impedance measurement assembly comprises a super-hydrophobic material (superhydrophobic electrode; Column 9 Lines 4-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the super-hydrophobic teachings of Afzali-Ardakani into the invention of Zhou in order to enable label-free detection of biological molecules (Afzali-Ardakani Column 2 Lines 47-50).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Kang et al (U.S. Publication No. 2019/0125198).
Regarding Claim 10, Zhou fails to disclose wherein the housing comprises a groove, and wherein the impedance measurement assembly is disposed in the groove.
In a similar technical field, Kang teaches an apparatus for measuring bio-information (Abstract), wherein the housing comprises a groove (guide groove 815), and wherein the impedance measurement assembly is disposed in the groove (the electrode part may be disposed on the top/bottom portions of the guide groove 815; [0116]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the groove teachings of Kang into the invention of Zhou in order to guide an object to accurately contact the sensor when bio-information is measured (Kang [0114-0116]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANEL J JHIN whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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/CHANEL J YOON/Examiner, Art Unit 3791