DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/6/2026 has been entered.
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 .
Priority
Applicant claims 371 international priority to PCT/JP2021/021246 filed 6/3/2021 which claims foreign priority to JP 2020-110746, filed 6/26/2020.
Information Disclosure Statement
The IDSs submitted on 12/21/2022 and 7/8/2025 were previously considered.
Status of Claims
Applicant’s amended claims, filed 5/6/2026, have been entered. Claims 1-3 and 6-8 have been amended. Claims 9-11 have been canceled. Claims 1-5 were previously withdrawn. Claims 1-8 are currently pending in this application and claims 6-8 have been examined.
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.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kramer et al. (US 10,909,610 B1 [previously recited]) in view of Heater (US 2016/0364124 A1).
Regarding claim 6, Kramer et al., hereinafter Kramer, discloses a weight measuring device (Figs. 1-6) comprising:
an sensor configured to detect a measurement target object disposed on the weight measuring device (Figs. 1-11; col. 11, lines 10-24 and col. 12, lines 12-44);
a weight sensor configured to measure weight data of the measurement target object (Fig. 3; col. 8, line 55 to col. 9, line 20 in view of col. 2, lines 19-54);
a storage configured to store remaining amount data of the measurement target object, the remaining amount data indicating a weight of the measurement target object measured after the measurement target object is used or after the measurement target object is refilled (Figs. 3-6; col. 10, line 49 to col. 11, line 43 and col. 15, line 49 to col. 17, line 15); and
a processor (Figs. 3-6) configured to function as:
a calculator configured to activate the weight sensor in response to the sensor detecting the measurement target object (col. 12, lines 28-31), determine whether a value of the weight data is less than a value of the remaining amount data, reduce the value of the remaining amount data stored in the storage to be equal to the value of the weight data in response to determining the value of the weight data is less than the value of the remaining amount data, and to maintain the value of the remaining amount data stored in the storage in response to determining the value of the weight data is more than the value of the remaining amount data and perform an action in response to reducing the value of the remaining amount data or maintaining the value of the remaining amount data (Figs. 3-6; col. 15, line 25 to col. 18, line 20); and
an orderer (Figs. 3-6) configured to execute processing related to ordering of the measurement target object based on the value of the remaining amount data in response to the calculator determining the value of the weight data is less than the value of the remaining amount data, and to suppress the processing related to ordering of the measurement target object in response to the calculator determining the value of the weight data is more than the value of the remaining amount data (Figs. 3-6; col. 15, line 25 to col. 18, line 20).
While Kramer discloses a weight measuring device comprising a sensor configured to detect a measurement target object disposed on the weight measuring device and activating the weight sensor in response to the sensor detecting the measurement target object (Figs. 1-11; col. 11, lines 10-24 and col. 12, lines 12-44), Kramer does not explicitly disclose the sensor is an acceleration sensor detecting an acceleration of a measurement target object and activating the weight sensor in response to the acceleration sensor detecting the acceleration of the measurement target object. Additionally, while Kramer discloses performing an action in response to reducing the value of the remaining amount data or maintaining the value of the remaining amount data (Figs. 3-6; col. 15, line 25 to col. 18, line 20), Kramer does not explicitly disclose the action is to deactivate the weight sensor. However, in the field of detecting, tracking, and recording data associated with physical manipulatives in a physical environment (abstract), Heater teaches a device comprising a plurality of sensors including a sensor that detects movement of nearby objects using an acceleration sensor and activates additional sensors such as a weight sensor after initially detecting the presence or movement of the physical manipulative and additionally teaches deactivating the sensors after completing the tracking and recording of the movement (Figs. 6-9; ¶¶0126-0132, ¶0135-0141, ¶0149). The device of Heater is applicable to the device of Kramer as they share characteristics and capabilities, namely, they are directed to a device comprising sensors to track and record information about objects placed on the device. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the device as taught by Kramer with the acceleration sensor and the activation and deactivation of the sensors as taught by Heater. One of ordinary skill in the art at the time of filing would have been motivated to expand the device of Kramer in order to detect, capture, and record data relating to the physical manipulatives (¶0149).
Regarding claim 7, Kramer in view of Heater teaches the weight measuring device according to claim 6. While Kramer further discloses:
the calculator is further configured to determine whether a number detected by the sensor satisfies a judgment criterion and to maintain the value of the remaining amount data stored in the storage in response to determining the number does not satisfy the judgment criterion (Figs. 2-6; col. 6, line 31 to col. 10, line 15 and col. 15, line 25 to col. 18, line 20),
Kramer does not explicitly disclose wherein the calculator determines a number of detections of vibration detected by the acceleration sensor, and determining the number of detections of vibration does not satisfy the judgment criterion.
However, Heater further teaches motion sensors tracking the motion of the objects placed on the device which can include sensors capturing acceleration and vibration-based motion detection (Figs. 6-9; ¶¶0126-0132, ¶0135-0141, ¶0149, ¶0151). The sensor of Heater is applicable to the device of Kramer as they share characteristics and capabilities, namely, they are directed to a device comprising sensors to track and record information about objects placed on the device. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the device as taught by Kramer with the motion sensor tracking acceleration and vibration as taught by Heater. One of ordinary skill in the art at the time of filing would have been motivated to expand the device of Kramer in order to detect, capture, and record data relating to the physical manipulatives (¶0149).
Regarding claim 8, Kramer discloses a weight measuring device (Figs. 1-6) comprising:
a weight sensor configured to measure weight data of a measurement target object (Figs. 3-6; col. 8, line 55 to col. 9, line 20 in view of col. 2, lines 19-54);
a storage configured to store remaining amount data of the measurement target object, the remaining amount data indicating a weight of the measurement target object after the measurement target object is used or after the measurement target is refilled (Figs. 3-6; col. 10, line 49 to col. 11, line 43 and col. 15, line 49 to col. 17, line 15);
a processor (Figs. 3-6) configured to function as:
a detector configured to detect the measurement target object disposed on the weight measuring device (Figs. 3-6; col. 4, line 61 to col. 5, line 61, col. 8, line 55 to col. 9, line 20, col. 11, lines 10-24 and col. 12, lines 12-44, col. 15, line 25 to col. 18, line 20, and col. 17, lines 3-15 in view of col. 2, lines 19-54 and claim 7);
a calculator (Figs. 3-6) configured to activate the weight sensor in response to the detector detecting the measurement target object (col. 12, lines 28-31), determine, in response, whether a value of the weight data is less than a value of the remaining amount data, reduce the value of the remaining amount data stored in the storage to be equal to the value of the weight data in response to determining the value of the weight data is less than the value of the remaining amount data, and to maintain the value of the remaining amount data stored in the storage in response to determining the value of the weight data is more than the value of the remaining amount data, and perform an action in response to reducing the value of the remaining amount data or maintaining the value of the remaining amount data (Figs. 3-6; col. 15, line 25 to col. 18, line 20); and
an orderer (Figs. 3-6) configured to execute processing related to ordering of the measurement target object based on the value of the remaining amount data in response to the calculator determining the value of the weight data is less than the value of the remaining amount data, and to suppress the processing related to ordering of the measurement target object in response to the calculator determining the value of the weight data is more than the value of the remaining amount data (Figs. 3-6; col. 15, line 25 to col. 18, line 20).
While Kramer discloses a weight measuring device comprising a detector configured to detect a measurement target object disposed on the weight measuring device and activating the weight sensor in response to the sensor detecting the measurement target object (Figs. 1-11; col. 11, lines 10-24 and col. 12, lines 12-44), Kramer does not explicitly disclose the detector detects an acceleration of a measurement target object and activating the weight sensor in response to detecting the acceleration of the measurement target object. Additionally, while Kramer discloses performing an action in response to reducing the value of the remaining amount data or maintaining the value of the remaining amount data (Figs. 3-6; col. 15, line 25 to col. 18, line 20), Kramer does not explicitly disclose the action is to deactivate the weight sensor. However, in the field of detecting, tracking, and recording data associated with physical manipulatives in a physical environment (abstract), Heater teaches a device comprising a plurality of sensors including a sensor that detects movement of nearby objects using an acceleration sensor and activates additional sensors such as a weight sensor after initially detecting the presence or movement of the physical manipulative and additionally teaches deactivating the sensors after completing the tracking and recording of the movement (Figs. 6-9; ¶¶0126-0132, ¶0135-0141, ¶0149). The device of Heater is applicable to the device of Kramer as they share characteristics and capabilities, namely, they are directed to a device comprising sensors to track and record information about objects placed on the device. It would have been obvious to one of ordinary skill in the art at the time of filing to modify the device as taught by Kramer with the acceleration sensor and the activation and deactivation of the sensors as taught by Heater. One of ordinary skill in the art at the time of filing would have been motivated to expand the device of Kramer in order to detect, capture, and record data relating to the physical manipulatives (¶0149).
Response to Arguments
Applicant’s arguments, on pages 7-9 of the Remarks filed 5/06/2026, with respect to the previous 35 USC §101 rejections have been fully considered and are persuasive in view of the amendments to the claims. Accordingly, the previous 101 rejections have been withdrawn.
Applicant’s arguments, on pages 9-10 of the Remarks filed 5/06/2026, with respect to the previous 35 USC §102 and 35 USC §103 rejections have been fully considered but are moot in view of the new 35 USC §103 rejections applied to applicant’s amended claims.
Conclusion
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LINDSEY B. SMITH
Examiner
Art Unit 3688
/LINDSEY B SMITH/Examiner, Art Unit 3688
/Jeffrey A. Smith/Supervisory Patent Examiner, Art Unit 3688
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