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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/26/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-2, 4, 6, 13, 15, 18-20, and 23-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 23-25 are objected to because of the following informalities:
Claims 23-25 appear to be written in an independent form, yet also refer back to independent claim 13. In an interpretation, claims 23-25 may be construed as an independent claim and in another interpretation it may also be construed as a dependent claim. In order to prevent any foreseeable ambiguity, it is suggested to bring the entire claim 13 into each of claims 23-25 to have the claims construed as a proper independent claim; or correct the dependency of claims 23-25 (as shown in other dependent claims e.g., claim 2, claim 15 etc.) to have the claim construed as a proper dependent claim.
Appropriate correction is required.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuruki (JP2007259960A) machine translation and further in view of Mitsuhiro (JP2006055528A) machine translation.
Regarding claim 1, Tsuruki discloses a positioning method ([0009] – “a positioning unit that positions the elbow joint of the subject relative to a pedestal”), comprising:
determining a measurement region of an object ([0060] – “a processing unit such as a computer can calculate the position of the test area”);
determining a positioning portion of the object according to the measurement region ([0060] – “when the wrist position is identified in some way, a processing unit such as a computer can calculate the position of the test area corresponding to the input wrist position information”); and
positioning the positioning portion to position the measurement region and ensure that a measurement posture meets a predetermined condition ([0051] – “it is possible to present the test area A, which is a suitable attachment area for the probe 10 that is determined based on the wrist position P and the elbow joint position Q, so that the operator can easily recognize the suitable attachment position of the probe 10, and it is possible to reduce fluctuations in measurement values due to variations in the attachment state and attachment position depending on the operator”),
wherein the positioning the positioning portion to position the measurement region and ensure that a measurement posture meets a predetermined condition comprises: positioning the positioning portion through a positioning apparatus to position the measurement region and ensure that the measurement posture meets the predetermined condition (Figs. 1 and 2, [0051] – “it is possible to present the test area A, which is a suitable attachment area for the probe 10 that is determined based on the wrist position P and the elbow joint position Q, so that the operator can easily recognize the suitable attachment position of the probe 10, and it is possible to reduce fluctuations in measurement values due to variations in the attachment state and attachment position depending on the operator”, [0022] – “hold the arm 100 with the fixing belts 2c, 3c, 4”),
wherein the positioning apparatus comprises a supporting part ([0015] – “an arm support base”),
Tsuruki does not explicitly teach wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range; However Tsuruki teaches fixing belts 2c and 3c to restrict movement of the arm therefore one with ordinary skill in the art would find it obvious that after positioning is complete the fixing belts would limit a change of a relative position of skin tissues in the measurement region to be within a predetermined position change range depending on the material, thickness and tightness of the fixing belts. One would have motivation because it “provide an arm support stand for non-invasive body component measurement that can further reduce measurement errors caused by variations in the subject's body movements” (Tsuruki – [0008]).
Conversely Tsuruki does not teach the supporting part comprises a hollow region corresponding to the measurement region, wherein the positioning apparatus is prevented from contacting the measurement region during a positioning process.
However Mitsuhiro discloses the supporting part comprises a hollow region corresponding to the measurement region ([0035] – “the probe support for measuring biological components according to this embodiment consists of…a positioning body (positioning part) 31 which is positioned at a predetermined position on the front of the forearm 140”, the positioning body (positioning part) 31 is interpreted as the supporting part, [0039] – “The positioning body 31 is positioned on the part of the forearm 140 that is placed on the arm rest 300c…It also has a vertically penetrating hole 310 in the center, which serves as a guide to linearly guide the changing jig 36, which is attached to the tip of the measuring probe 8 (described later)”), wherein the positioning apparatus is prevented from contacting the measurement region during a positioning process ([0050] – “Next, the forearm 140 of the person being measured is inserted into the annular section consisting of the pressure belt 32 and the positioning body 31”, [0055] – “Now, with the forearm 140 fixed to the arm fixing part 30, the measurement is to be started. At this time, the flexible arm 38 is moved and the joint jig 39 is moved to a position where the lower surface of the connecting body 330 of the drive unit 30 faces the upper surface of the positioning body 31, as shown in Figure 5(a)”).
The disclosure of Mitsuhiro is an analogous art considering it is in the field of a positioning device to take measurements from the forearm.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Tsuruki to incorporate the hollow region wherein the positioning apparatus is prevented from contacting the measurement region during a positioning process of Mitsuhiro to achieve the same results. One would have motivation to combine because “the influence of changes in the contact state of the measurement probe 8 and the shift in the measurement position are very significant factors in inhibiting the reproducibility of the absorbance spectrum. However, by using the probe support for measuring biomolecular components of this embodiment, it becomes possible to measure biomolecular components accurately and continuously” (Mitsuhiro [0054]).
Regarding claim 2, Tsuruki and Mitsuhiro disclose all the elements of the claimed invention as cited in claim 1.
Tsuruki further discloses wherein the determining a positioning portion of the object according to the measurement region comprises: determining the positioning portion of the object according to a tissue structure relative position of the object, a feature condition of the object and the measurement region of the object ([0023] – “wrist position P) is used as the reference position, the test area A can be identified as an area whose longitudinal distance from the reference position is a predetermined ratio to the length of the forearm 101 (i.e., the distance between wrist position P and elbow joint position Q)”, [0041] – “the region where X is 45% or less, i.e., the region from approximately the center of the forearm 101 toward the wrist, has many tendons and is less affected by muscle movements associated with changes in position, and that when the region gets too close to wrist position P (region where X is less than 25%), slight movements of the palm move the wrist joint, causing wrinkles on the skin surface and the like, resulting in larger fluctuations in contact pressure” paragraph [0041] is referring to Fig. 6b and the positions for the test region).
Regarding claim 4, Tsuruki and Mitsuhiro disclose all the elements of the claimed invention as cited in claim 1.
Tsuruki further discloses wherein the positioning apparatus further comprises a positioning part ([0016] – “the recess 1c corresponds to the positioning portion”); and a relationship between the positioning part and the supporting part satisfies at least one of: the positioning part being arranged on the supporting part; the positioning part being connected to the supporting part; and the positioning part being embedded in the supporting part (Figs. 1 and 2 – recess 1c); and
wherein the positioning the positioning portion through the positioning apparatus to position the measurement region and ensure that the measurement posture meets the predetermined condition (Figs. 1 and 2, [0051] – “it is possible to present the test area A, which is a suitable attachment area for the probe 10 that is determined based on the wrist position P and the elbow joint position Q, so that the operator can easily recognize the suitable attachment position of the probe 10, and it is possible to reduce fluctuations in measurement values due to variations in the attachment state and attachment position depending on the operator”, [0022] – “hold the arm 100 with the fixing belts 2c, 3c, 4”) comprises:
carrying the measurement region and/or the positioning portion through the supporting part (Figs. 1 and 2 show test region A [measurement region] as well as the wrist and elbow being carried through the support base 1); and
positioning the positioning portion through the positioning part to position the measurement region and ensure that the measurement posture meets the predetermined condition (Figs. 1 and 2, [0051] – “it is possible to present the test area A, which is a suitable attachment area for the probe 10 that is determined based on the wrist position P and the elbow joint position Q, so that the operator can easily recognize the suitable attachment position of the probe 10, and it is possible to reduce fluctuations in measurement values due to variations in the attachment state and attachment position depending on the operator”, [0022] – “hold the arm 100 with the fixing belts 2c, 3c, 4”).
Claim 6 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuruki (JP2007259960A) machine translation and Mitsuhiro (JP2006055528A) machine translation as applied to claim 4 above, and further in view of Riddler (US20050261560).
Regarding claim 6, Tsuruki and Mitsuhiro disclose all the elements of the claimed invention as cited in claims 1 and 4.
Tsuruki further discloses wherein the positioning part comprises […] an elbow joint part configured to position an elbow joint ([0016] – “the elbow joint 103 is placed against the recess 1c”); and the positioning part is arranged on the supporting part or embedded in the supporting part (Figs. 1 and 2);
wherein the measurement region comprises an arm region (Figs. 1 and 2 show test region A as being on the arm); and
the positioning portion comprises the elbow joint ([0016] – “the elbow joint 103 is placed against the recess 1c”), […]; and
wherein the carrying the measurement region and/or the positioning portion through the supporting part comprises: carrying the measurement region and the positioning portion through the supporting part (Figs. 1 and 2 show the test region A and the elbow being carried through the support 1);
Conversely Tsuruki does not teach wherein the positioning part comprises a knuckle part configured to position at least one of a little finger, a ring finger, a middle finger and an index finger and the positioning portion comprises the […] at least one of the little finger, the ring finger, the middle finger and the index finger;
However Riddler discloses wherein the positioning part comprises a knuckle part configured to position at least one of a little finger, a ring finger, a middle finger and an index finger ([0075] – “The adjustable hand rest 224 is designed to hold the fingers”) and the positioning portion comprises the […] at least one of the little finger, the ring finger, the middle finger and the index finger ([0075] – “The adjustable hand rest 224 is designed to hold the fingers”);
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Tsuruki to incorporate the knuckle positioning part of Riddler to achieve the same results. One would have motivation to combine because it “the adjustable hand rest 224 is designed to hold the fingers in a relaxed manner” (Riddler [0075]), therefore it allows the user to be comfortable.
Claims 13, 15, 18-20, and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Riddler (US20050261560) and further in view of Tsuruki (JP2007259960A) machine translation and Mitsuhiro (JP2006055528A) machine translation.
Regarding claim 13, Riddler discloses a positioning apparatus ([0031] – “FIG. 10 is a perspective view of an ergonomic apparatus for holding the sampling surface and positioning a tissue surface thereon”)), comprising a supporting part ([0074] – “The ergonomic cradle 210 includes a base 221”) and a positioning part ([0074] – “The ergonomic cradle 210 references the elbow and upper arm of the subject via a bracket 222 in conjunction with a float-to-fit handgrip 224”, wherein a relationship between the positioning part and the supporting part satisfies at least one of: the positioning part being arranged on the supporting part; the positioning part being connected to the supporting part; and the positioning part being embedded in the supporting part (Fig. 10);
wherein the supporting part is configured to carry a measurement region and/or a positioning portion of an object (Fig. 10, “In the case of sampling the underside of the forearm, an ergonomic cradle design can encourage good contact with the sampling interface. The ergonomic cradle 210 includes a base 221 having an opening 223 therethrough”); and
wherein the positioning part is configured to position the positioning portion to position the measurement region and ensure that a measurement posture meets a predetermined condition ([0074] – “The ergonomic cradle 210 references the elbow and upper arm of the subject via a bracket 222 in conjunction with a float-to-fit handgrip 224 to accurately position the forearm on the tissue sampling interface”).
Conversely Riddler does not teach wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range,
wherein the supporting part comprises a hollow region corresponding to the measurement region, and the positioning apparatus is prevented from contacting the measurement region during a positioning process.
However Tsuruki discloses wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range (fixing belts 2c and 3c to restrict movement of the arm therefore one with ordinary skill in the art would find it obvious that after positioning is complete the fixing belts would limit a change of a relative position of skin tissues in the measurement region to be within a predetermined position change range depending on the material, thickness and tightness of the fixing belts).
The disclosure of Tsuruki is an analogous art considering it is in the field of a positioning device to take measurements from the forearm.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Riddler to incorporate the change of a relative position of skin tissues in the measurement region being within a predetermined position change range of Tsuruki to achieve the same results. One would have motivation to combine because it “provide an arm support stand for non-invasive body component measurement that can further reduce measurement errors caused by variations in the subject's body movements” (Tsuruki – [0008]).
Conversely Riddler and Tsuruki do not teach wherein the supporting part comprises a hollow region corresponding to the measurement region, and the positioning apparatus is prevented from contacting the measurement region during a positioning process.
However Mitsuhiro discloses wherein the supporting part comprises a hollow region corresponding to the measurement region ([0035] – “the probe support for measuring biological components according to this embodiment consists of…a positioning body (positioning part) 31 which is positioned at a predetermined position on the front of the forearm 140”, the positioning body (positioning part) 31 is interpreted as the supporting part, [0039] – “The positioning body 31 is positioned on the part of the forearm 140 that is placed on the arm rest 300c…It also has a vertically penetrating hole 310 in the center, which serves as a guide to linearly guide the changing jig 36, which is attached to the tip of the measuring probe 8 (described later)”), and the positioning apparatus is prevented from contacting the measurement region during a positioning process ([0050] – “Next, the forearm 140 of the person being measured is inserted into the annular section consisting of the pressure belt 32 and the positioning body 31”, [0055] – “Now, with the forearm 140 fixed to the arm fixing part 30, the measurement is to be started. At this time, the flexible arm 38 is moved and the joint jig 39 is moved to a position where the lower surface of the connecting body 330 of the drive unit 30 faces the upper surface of the positioning body 31, as shown in Figure 5(a)”).
The disclosure of Mitsuhiro is an analogous art considering it is in the field of a positioning device to take measurements from the forearm.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Riddler to incorporate the hollow region wherein the positioning apparatus is prevented from contacting the measurement region during a positioning process of Mitsuhiro to achieve the same results. One would have motivation to combine because “the influence of changes in the contact state of the measurement probe 8 and the shift in the measurement position are very significant factors in inhibiting the reproducibility of the absorbance spectrum. However, by using the probe support for measuring biomolecular components of this embodiment, it becomes possible to measure biomolecular components accurately and continuously” (Mitsuhiro [0054]).
Regarding claim 15, Riddler, Tsuruki, and Mitsuhiro disclose all the elements of the claimed invention as cited in claim 13.
Riddler further discloses wherein a positional relationship between the positioning portion and the measurement region meets a predetermined tissue structure relative position ([0074] – “The ergonomic cradle 210 references the elbow and upper arm of the subject via a bracket 222 in conjunction with a float-to-fit handgrip 224 to accurately position the forearm on the tissue sampling interface. Sampling error can result from improper sampling interface design.”).
Regarding claim 18, Riddler, Tsuruki, and Mitsuhiro disclose all the elements of the claimed invention as cited in claim 13.
Riddler further discloses wherein the positioning part comprises a knuckle part configured to position at least one of a little finger, a ring finger, a middle finger and an index finger ([0075] – “The adjustable hand rest 224 is designed to hold the fingers”) and an elbow joint part configured to position an elbow joint ([0075] – “The bracket 222 forms an elbow rest”); and the positioning part is arranged on the supporting part or embedded in the supporting part (Fig. 10);
wherein the measurement region is an arm region ([0074] – “In the case of sampling the underside of the forearm”), and the positioning portion comprises the elbow joint ([0075] – “The bracket 222 forms an elbow rest”), and at least one of the little finger, the ring finger, the middle finger and the index finger ([0075] – “The adjustable hand rest 224 is designed to hold the fingers”); and
wherein the supporting part is configured to carry the measurement region and the positioning portion (Fig. 10).
Regarding claim 19, Riddler, Tsuruki, and Mitsuhiro disclose all the elements of the claimed invention as cited in claims 13 and 18.
Riddler further discloses wherein the arm region comprises a forearm extensor side (Fig. 10, [0074] – “A preferred ergonomic apparatus 210 is depicted in FIG. 10. In the case of sampling the underside of the forearm”); and the positioning portion comprises the little finger, the ring finger, the middle finger, the index finger (Fig. 10, [0075] – “The adjustable hand rest 224 is designed to hold the fingers”) and the elbow joint ([0075] – “The bracket 222 forms an elbow rest”).
Regarding claim 20, Riddler, Tsuruki, and Mitsuhiro disclose all the elements of the claimed invention as cited in claims 13, 18 and 19.
Conversely Riddler does not teach wherein the arm region comprises a forearm extensor side; and the positioning portion comprises the little finger, the ring finger, the middle finger, the index finger and the elbow joint.
However, Tsuruki discloses wherein the positioning part further comprises a carpus part configured to position a carpus ([0018] – “fixing belt 2c on the wrist side”); and the positioning portion further comprises the carpus (Figs. 1 and 2, [0018] – “fixing belt 2c on the wrist side”, [0009] – “arm fixing means that fixes the elbow joint and wrist of the subject's arm”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Riddler to incorporate the carpus as a positioning part and positioning portion of Tsuruki to achieve the same results. One would have motivation to combine because it “provide an arm support stand for non-invasive body component measurement that can further reduce measurement errors caused by variations in the subject's body movements” (Tsuruki – [0008]).
Regarding claim 23, Riddler discloses an electronic device (See Fig. 21), comprising: one or more processors (DSP and PPC in Fig. 21); a memory configured to store one or more programs (RAM in Fig. 21, [0096] – “The computing subsystem 500 can perform multiple functions such as converting the digital interferograms obtained from the data acquisition subsystem 400 to single beam spectra”);
As cited above Riddler, Tsuruki, and Mitsuhiro teach the positioning apparatus according to claim 13.
Conversely Riddler does not teach wherein the one or more programs, when executed by the one or more processors, cause the one or more processors to:
determine a measurement region of an object; and
determine a positioning portion of the object according to the measurement region;
wherein the positioning portion, when positioned by the positioning apparatus […], is used for positioning of the measurement region and ensure that a measurement posture meets a predetermined condition, wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range.
However, Tsuruki discloses wherein the one or more programs, when executed by the one or more processors, cause the one or more processors to ([0060] – “a computer can calculate the position of the test area corresponding to the input wrist position information”):
determine a measurement region of an object([0060] – “a processing unit such as a computer can calculate the position of the test area”); and
determine a positioning portion of the object according to the measurement region ([0060] – “when the wrist position is identified in some way, a processing unit such as a computer can calculate the position of the test area corresponding to the input wrist position information”);
wherein the positioning portion, when positioned by the positioning apparatus […], is used for positioning of the measurement region and ensure that a measurement posture meets a predetermined condition (Figs. 1 and 2, [0051] – “it is possible to present the test area A, which is a suitable attachment area for the probe 10 that is determined based on the wrist position P and the elbow joint position Q, so that the operator can easily recognize the suitable attachment position of the probe 10, and it is possible to reduce fluctuations in measurement values due to variations in the attachment state and attachment position depending on the operator”, [0022] – “hold the arm 100 with the fixing belts 2c, 3c, 4”), wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range (fixing belts 2c and 3c to restrict movement of the arm therefore one with ordinary skill in the art would find it obvious that after positioning is complete the fixing belts would limit a change of a relative position of skin tissues in the measurement region to be within a predetermined position change range depending on the material, thickness and tightness of the fixing belts).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Riddler to incorporate the change of a relative position of skin tissues in the measurement region being within a predetermined position change range of Tsuruki to achieve the same results. One would have motivation to combine because it “provide an arm support stand for non-invasive body component measurement that can further reduce measurement errors caused by variations in the subject's body movements” (Tsuruki – [0008]).
Regarding claim 24, Riddler discloses a non-transitory computer-readable storage medium having computer programs stored thereon (RAM in Fig. 21, [0096] – “The computing subsystem 500 can perform multiple functions such as converting the digital interferograms obtained from the data acquisition subsystem 400 to single beam spectra”),
As cited above Riddler, Tsuruki, and Mitsuhiro teach the positioning apparatus according to claim 13.
Conversely Riddler does not teach wherein the programs, when executed by a processor, are configured to:
determine a measurement region of an object; and
determine a positioning portion of the object according to the measurement region;
wherein the positioning portion, when positioned by the positioning apparatus […], is used for positioning of the measurement region and ensure that a measurement posture meets a predetermined condition, wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range.
However, Tsuruki discloses wherein the programs, when executed by a processor, are configured to ([0060] – “a processing unit such as a computer can calculate the position of the test area corresponding to the input wrist position information”):
determine a measurement region of an object([0060] – “a processing unit such as a computer can calculate the position of the test area”); and
determine a positioning portion of the object according to the measurement region ([0060] – “when the wrist position is identified in some way, a processing unit such as a computer can calculate the position of the test area corresponding to the input wrist position information”);
wherein the positioning portion, when positioned by the positioning apparatus […], is used for positioning of the measurement region and ensure that a measurement posture meets a predetermined condition (Figs. 1 and 2, [0051] – “it is possible to present the test area A, which is a suitable attachment area for the probe 10 that is determined based on the wrist position P and the elbow joint position Q, so that the operator can easily recognize the suitable attachment position of the probe 10, and it is possible to reduce fluctuations in measurement values due to variations in the attachment state and attachment position depending on the operator”, [0022] – “hold the arm 100 with the fixing belts 2c, 3c, 4”), wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range (fixing belts 2c and 3c to restrict movement of the arm therefore one with ordinary skill in the art would find it obvious that after positioning is complete the fixing belts would limit a change of a relative position of skin tissues in the measurement region to be within a predetermined position change range depending on the material, thickness and tightness of the fixing belts).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Riddler to incorporate the change of a relative position of skin tissues in the measurement region being within a predetermined position change range of Tsuruki to achieve the same results. One would have motivation to combine because it “provide an arm support stand for non-invasive body component measurement that can further reduce measurement errors caused by variations in the subject's body movements” (Tsuruki – [0008]).
Regarding claim 25, Riddler discloses a non-transitory computer program product comprising computer programs (RAM in Fig. 21, [0096] – “The computing subsystem 500 can perform multiple functions such as converting the digital interferograms obtained from the data acquisition subsystem 400 to single beam spectra”),
As cited above Riddler, Tsuruki, and Mitsuhiro teach the positioning apparatus according to claim 13.
Conversely Riddler does not teach wherein the computer programs, when executed by a processor, are configured to:
determine a measurement region of an object; and
determine a positioning portion of the object according to the measurement region;
wherein the positioning portion, when positioned by the positioning apparatus […], is used for positioning of the measurement region and ensure that a measurement posture meets a predetermined condition, wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range.
However, Tsuruki discloses wherein the computer programs, when executed by a processor, are configured to ([0060] – “a processing unit such as a computer can calculate the position of the test area corresponding to the input wrist position information”):
determine a measurement region of an object([0060] – “a processing unit such as a computer can calculate the position of the test area”); and
determine a positioning portion of the object according to the measurement region ([0060] – “when the wrist position is identified in some way, a processing unit such as a computer can calculate the position of the test area corresponding to the input wrist position information”);
wherein the positioning portion, when positioned by the positioning apparatus […], is used for positioning of the measurement region and ensure that a measurement posture meets a predetermined condition (Figs. 1 and 2, [0051] – “it is possible to present the test area A, which is a suitable attachment area for the probe 10 that is determined based on the wrist position P and the elbow joint position Q, so that the operator can easily recognize the suitable attachment position of the probe 10, and it is possible to reduce fluctuations in measurement values due to variations in the attachment state and attachment position depending on the operator”, [0022] – “hold the arm 100 with the fixing belts 2c, 3c, 4”), wherein the measurement posture meeting the predetermined condition comprises: after each positioning is completed, a change of a relative position of skin tissues in the measurement region is within a predetermined position change range (fixing belts 2c and 3c to restrict movement of the arm therefore one with ordinary skill in the art would find it obvious that after positioning is complete the fixing belts would limit a change of a relative position of skin tissues in the measurement region to be within a predetermined position change range depending on the material, thickness and tightness of the fixing belts).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Riddler to incorporate the change of a relative position of skin tissues in the measurement region being within a predetermined position change range of Tsuruki to achieve the same results. One would have motivation to combine because it “provide an arm support stand for non-invasive body component measurement that can further reduce measurement errors caused by variations in the subject's body movements” (Tsuruki – [0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENEE C LANGHALS whose telephone number is (571)272-6258. The examiner can normally be reached Mon.-Thurs. alternate Fridays 8:30-6.
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/R.C.L./Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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