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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4 and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim(s) 4 and 13 do not further limit the determination of edema which is now recited in amended claim(s) 1 and 10. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office act0ion:
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.
Claim(s) 1-5, 7-14, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masuo (US 20040059242 A1) in view of Cha (US 20180098735 A1).
For claim(s) 1, 10, and 18, Masuo teaches
A body composition measuring device [entire disclosure – see at least abstract] comprising:
both hand electrode parts and both foot electrode parts, each of which has a plurality of electrodes; two arm electrode parts attached to elbow joint regions of both arms, respectively; two leg electrode parts attached to knee joint regions of both legs, respectively; [electrodes 10 and 11 in ¶250]
and a processing unit [1] for causing electric current to flow through different combinations of the both hand electrode parts, the both foot electrode parts, the arm electrode parts, and the leg electrode parts at the time of measurement so as to measure impedance values of a measurement object, and then analyzing the body composition of the measurement object. [¶¶253-254]
For claim(s) 1, 4, 10, and 13, Masuo fails to teach determining edema based on a change rate.
Cha teaches an impedance system [abstract] comprising a step / function of determining edema when a change rate of a low frequency impedance is higher than a change rate of a high frequency impedance. [¶151]
It would have been obvious to one of ordinary skill at the time the invention was filed to modify the device and method of Masuo to incorporate the impedance determination of Cha in order to determine whether the subject requires treatment or has a condition that could affect their health status. As motivated by Cha ¶¶148-152 and Masuo ¶¶293-294.
For claim(s) 2 and 11, Masuo teaches
wherein the processing unit is configured to cause electric current to flow through different combinations of the both hand electrode parts, the both foot electrode parts, the arm electrode parts, and the leg electrode parts, divide the measurement object into nine segments of an upper left arm (ULA), a lower left arm (LLA), a upper right arm (URA), a lower right arm (LRA), a trunk (TR), an upper left leg (ULL), a lower left leg (LLL), an upper right leg (URL), and a lower right leg (LRL), and measure impedance values of the segments. [abstract, ¶¶91-92, ¶221, ¶266]
For claim(s) 3 and 12, Masuo teaches
wherein the processing unit is configured to apply the electric current to first electrodes comprised in one pair among the both hand electrode parts, the both foot electrode parts, the arm electrode parts, and the leg electrode parts for a body composition measurement, obtain a voltage for the electric current from second electrodes comprised in the pair, and measure an impedance value of a segment between the pair by using the electric current and the voltage. [abstract, ¶¶91-92, ¶221, ¶266]
For claim(s) 5 and 14, Masuo teaches
wherein at least some of the arm electrode parts and the leg electrode parts comprises an adsorption plate [81] adsorbing to an attachment part [81a] and at least one electrode [82] in contact with the attachment part inside the adsorption plate. [Fig. 39]
For claim(s) 7 and 16, Masuo teaches
wherein at least some of the arm electrode parts and the leg electrode parts comprises at least one electrode [82] in contact with the attachment part [81a] and a sheet [81] surrounding a periphery of the attachment part to maintain the contact.
For claim(s) 8, Masuo teaches
wherein at least some of the arm electrode parts and the leg electrode parts comprises an electrode board configured to adjust a frequency of the electric current. [¶251]
For claim(s) 9 and 17, Masuo teaches
wherein the body composition measuring device is in a form of a chair, the arm electrode parts are disposed on arm rests of the chair, and the leg electrode parts are disposed on parts of the chair in contact with the knees. [Fig. 50]
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masuo in view of Lundback (US 5891028 A).
For claim(s) 6 and 15, Masuo fails to teach a pressure regulator.
Lundback teaches a biosignals measurement electrode [abstract] comprising a pressure regulator. [Fig. 9, col. 5]
It would have been obvious to one of ordinary skill at the time the invention was filed to modify the electrodes of Masuo to incorporate the pressure regulator of Lundback in order to ensure a stable and reliable connection of the electrode to the skin of the subject. As motivated by Lundback cols.1-2.
Response to Arguments
Applicant’s arguments with respect to the prior art have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S MELHUS whose telephone number is (571)272-5342. The examiner can normally be reached Monday - Friday | 9:00 AM - 5:00 PM.
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/BENJAMIN S MELHUS/ Primary Examiner, Art Unit 3791
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