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 .
Status of Claims
The present Office action is responsive to the application as filed on 01-30-2023 and the Preliminary amendment filed on the same day. As directed, claims 1-12 have been canceled, and new claims 12-24 have been added. Thus, claims 12-24 are currently pending examination.
Claim Objections
Claims 13-24 are objected to because of the following informalities:
At claim 13, line 2, it is suggested that “configured to be” be added before “located” to more clearly avoid claiming the human organism in line 3.
At claim 13, line 4, it is suggested that “the upper surface” be replaced with “an upper surface” as the limitation has not yet been introduced.
At claim 13, line 6, it is suggested that “configured” be added before “for” to more clearly avoid claiming the human organism.
At claim 13, line 6, it is suggested that “on the basis of” be replaced with “based on” for clarity.
At claim 14, line 1, it is suggested that “the upper surface” be replaced with “an upper surface” as the limitation has not yet been introduced.
At claim 14, line 2, it is suggested that “at least one” be added before “fourth bio-signal” for consistency with claim 13.
At claim 14, line 2, it is suggested that “faces” be replaced with “is configured to face” to more clearly avoid claiming the human organism.
At claim 14, line 3, it is suggested that “the ground” be replaced with “a ground” since the limitation has not yet been introduced.
At claim 15, lines 1-2, it is suggested that “the third bio-signal measurement electrode” be replaced with “the at least one electrode of the third bio-signal measurement unit” for consistency.
At claim 16, line 2, it is suggested that “configured to be” be added before “located” to more explicitly avoid claiming the human organism.
At claim 16, lines 2-3, it is suggested that “the back of the ankle” be replaced with “a back of an ankle” as the limitations have not yet been introduced.
At claim 16, line 6, it is suggested that “configured to be” be added before “located” to more explicitly avoid claiming the human organism.
At claim 16, lines 6-7, it is suggested that “the back of the leg” be replaced with “a back of a leg” as the limitations have not yet been introduced.
At claim 16, line 8, it is suggested that “the front” be replaced with “A front” as the limitation has not yet been introduced.
At claim 16, line 8, it is suggested that “configured” be added before “to support” to more clearly avoid claiming the human organism.
At claim 16, line 10, it is suggested that “the front” be replaced with “A front” as the limitation has not yet been introduced.
At claim 17, line 1, a space should be added between “claim” and “16”.
At claim 17, line 7, it is suggested that “is inserted” be replaced with “is configured to be inserted” to avoid method language in an apparatus claim.
At claim 17, line 7, it is suggested that “is inserted” be replaced with “is configured to be inserted” to avoid method language in an apparatus claim.
At claim 17, line 8, it is suggested that “is inserted” be replaced with “is configured to be inserted” to avoid method language in an apparatus claim.
At claim 17, line 8, it is suggested that “is compressed” be replaced with “is configured to be compressed” to avoid method language in an apparatus claim.
At claim 17, line 8, it is suggested that “to push” be replaced with “configured to push” to avoid method language in an apparatus claim.
At claim 18, line 1, a space should be added between “claim” and “13”.
At claim 18, line 2, it is suggested that “further” be added before “comprising”.
At claim 18, line 4, “wherein” should not be capitalized.
At claim 18, line 4, it is suggested that “further” be added before “comprising”.
At claim 18, line 7, “wherein” should not be capitalized.
At claim 18, line 7, it is suggested that “measures” be replaced with “is configured to measure” to more explicitly avoid claiming the human organism.
At claim 19, line 2, it is suggested that “measures” be replaced with “is configured to measure” to more explicitly avoid claiming the human organism.
At claim 19, line 4, it is suggested that “cumulatively stores” be replaced with “is configured to cumulatively store” to avoid recitation of method steps in an apparatus claim.
At claim 20, line 2, it is suggested that “simultaneously measures” is replaced with “is configured to simultaneously measure” to more explicitly avoid claiming the human organism.
At claim 21, line 3, it is suggested that “third-first” be replaced with “first third” for clarity.
At claim 21, line 3, it is suggested that “which faces” be replaced with “which is configured to face” to more clearly avoid claiming the human organism.
At claim 21, line 4, it is suggested that “is fixed to the housing” be replaced with “is configured to be fixed to a housing” since the housing of the atm massage unit has not been introduced, and to avoid claiming method steps in a device claim.
At claim 21, line 5, it is suggested that “third-second” be replaced with “second third” for clarity.
At claim 21, line 6, it is suggested that “is located at the back” be replaced with “is configured to be located at a back” since the back has not been introduced and to avoid positively reciting method steps in a device claim.
At claim 21, line 7, it is suggested that “faces” be replaced with “is configured to face” to more clearly avoid claiming the human organism.
At claim 22, line 1, it is suggested that “third-first” be replaced with “first third” for clarity.
At claim 22, line 2, it is suggested that “third-second” be replaced with “second third” for clarity.
At claim 23, line 2, it is suggested that “third-first” be replaced with “first third” for clarity.
At claim 23, line 2, it is suggested that “third-second” be replaced with “second third” for clarity.
At claim 23, line 6, it is suggested that “the upper surfaces” be replaced with “upper surfaces” as the limitation has not yet been introduced.
At claim 23, lines 6-7, it is suggested that “third-first” be replaced with “first third” for clarity.
At claim 23, line 7, it is suggested that “third-second” be replaced with “second third” for clarity.
At claim 24, line 1, it is suggested that “third-first” be replaced with “first third” for clarity.
At claim 24, line 2, it is suggested that “third-second” be replaced with “second third” for clarity.
Appropriate correction is required.
Claim Interpretation
Examiner notes that the numbered limitations “second”, “third”, and “fourth” as they relate to the bio-signal measurement units are interpreted such that the language of the claims is consistent with how each limitation is referred to in the specification. In other words, recitation of the “third” and “fourth” measurement units in claim 13 is not interpreted to require first and second measurement units (which are notably not positively recited).
In each of claims 18 and 21, a plurality of electrodes with respect to the third bio-signal measurement unit are introduced. Given that claim 13 recites “at least one electrode” instances of these additional electrodes are read as further limiting the “at least one electrode” of claim 13, such that claim 18 requires two electrodes with respect to the third bio-signal measurement unit, as does claim 21, as opposed to requiring three or more electrodes.
Examiner notes that “At the back” with respect to the third first bio-signal measurement electrode is read as “behind” as shown in Figure 22.
Examiner notes that “horizontally long” in claim 22 is read as being longer horizontally than vertically.
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.
Claim 17 is 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.
Regarding claim 17, the phrase "can be" at line 4renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 13-24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim 13, the following analysis is provided:
Step 1: Statutory Category, Yes
The claimed invention is to an apparatus, and thus falls under one of the statutory categories (Step 1: YES).
Step 2A, Prong I: Judicial Exception, Yes
Claim 13 recites:
“a control unit for acquiring information on the user's physical condition on the basis of bio- signals obtained from the third bio-signal measurement unit and the fourth bio-signal measurement unit”.
These limitations, as presently drafted, are process steps that, under their broadest reasonable interpretation, covers the performance of the limitations in the human mind since the limitations merely recite obtaining measurement data related to bio-signals of the user. The human mind is capable of performing these functions as the mind is able to observe and either quantitatively or qualitatively determine bio-signal parameters. At present, nothing in the claim precludes the steps from being performed in the mind and/or with the aid of pen and paper. As such, the claim recites a mental process-type abstract idea (Step 2, Prong I: YES).
Step 2A, Prong II: Integrated into practical Application, No
The claim recites the following additional elements:
“a third bio-signal measurement unit which is formed in an arm massage unit, is located at a portion on which a user's palm is put, and includes at least one electrode;
a fourth bio-signal measurement unit which is formed on the upper surface of a housing of a foot massage unit, and includes at least one fourth bio-signal measurement electrode; and
a control unit”.
The use of a control unit to perform the steps of acquiring data fails to integrate the judicial exception into a practical application since it is merely used to perform the judicial exception. Further, the instant application at paragraph 97 defines that the control unit includes a processor and memory, and thus the control unit is considered to recite a computer with a high level of generality.
Further, each of the bio-signal measurement units are well-known, routine and conventional elements for use in massage apparatuses (see Kim, at page 6: “For example, the control unit 1200 may determine whether at least a portion of the user's leg is in contact with the first body composition measurement module 310, and at least a portion of the user's hand is connected to the second body composition measurement module 1940. It may be determined whether or not contact is made, and the operation of the first body composition measurement module310 and / or the second body composition measurement module 1940 may be controlled based on the determination result of the contact”) , and the abstract idea does not improve the function of the measurement units, or the control unit as presently claimed. Additionally, the measurement units serve the purpose of extra solution data gathering which is a form of insignificant pre/post-solution activity. Thus, the use of these additional elements does not integrate the judicial exception into a practical application because the elements are generic and well-known in the art of massage apparatuses, and the identified additional elements do not serve to apply the abstract idea with or by use of a particular machine, effect a transformation, or apply/use the abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment to avoid monopolizing the exception (Step 2, Prong II: NO).
Step 2B: Inventive concept, No
As has been similarly outlined with respect to Step 2A, Prong II, the additional elements have been shown to be well-known, routine, and conventional in the art (see Kim as outlined above), and the control unit, as defined in the instant specification, is a interpreted as a general purpose computer recited with a high level of generality. Therefore, the claim does not include an inventive concept, and the claim is ineligible.
Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 14 includes the following additional elements: “wherein the upper surface of the fourth bio-signal measurement electrode faces the user and is in an angle range from 1 degree to 45 degrees to the ground”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 14 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 14 does not recite any further judicial exceptions, the claim also does not integrate the judicial element into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further specifying the structural limitations which do not apply a/the judicial exception. As claim 14 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 14 is also ineligible.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 15 includes the following additional elements: “wherein the third bio- signal measurement electrode is a silicon electrode or is plated with nickel-chrome”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 15 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 15 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further specifying and/or limtiing structural limitations which do not apply a/the judicial exception. As claim 15 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 15 is also ineligible.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 16 includes the following additional elements: “a second bio-signal measurement unit which is located at a portion corresponding to the back of the ankle of the user and has at least one electrode capable of moving forward and backward, wherein the second bio-signal measurement unit comprises: a leg support formed on the housing of the foot massage unit to be located at the back of the leg of the user; a foot holder coupled to the front of the leg support to support the user's leg, and having a concave shape; an elastic layer attached to the front of the foot holder; and a second bio-signal measurement electrode inserted into a hole formed in the elastic layer, wherein the elastic layer is made of silicon, and the second bio-signal measurement electrode is a silicon electrode and has a thickness ranging from 5 mm to 7 mm”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 16 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 16 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further limiting and/or specifying structural limitations which do not apply a/the judicial exception. As claim 16 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 16 is also ineligible.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 17 includes the following additional elements: “wherein the leg support has a coupling groove into which a coupling protrusion, a spring, and a guide pin included in the foot holder are inserted, wherein the coupling protrusion of the foot holder has a groove so that a guide ring can be inserted into the groove, and wherein the leg support and the foot holder are coupled to each other such that the guide pin is inserted into the spring, the guide pin is inserted into the guide ring, the coupling protrusion is inserted into the coupling groove, and the spring is compressed by the guide ring to push the guide ring forward”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 17 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 17 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further limiting and/or specifying structural limitations which do not apply a/the judicial exception. As claim 17 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 17 is also ineligible.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 18 includes the following additional elements: “wherein the massage apparatus comprises two third bio-signal measurement units wherein each of the two third bio- signal measurement units includes two third bio-signal measurement electrodes, Wherein the massage apparatus comprises two fourth bio-signal measurement units wherein each of the two fourth bio-signal measurement units includes two fourth bio-signal measurement electrodes, and Wherein the control unit measures bio-signals of the user by using at least two out of a total of four third bio-signal measurement electrodes and at least two out of a total of four fourth bio- signal measurement electrodes”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 18 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 18 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further limiting and/or specifying structural limitations which do not apply a/the judicial exception. As claim 18 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 18 is also ineligible.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 19 includes the following additional elements: “wherein the control unit measures the user's bio-signals at a predetermined cycle by using the third bio-signal measurement unit and the fourth bio-signal measurement unit while the massage apparatus provides a massage to the user according to a massage mode, and cumulatively stores the measured bio-signals of the user”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 19 merely recite additional extra-solution data gathering steps which amount to insignificant pre/post-solution activity, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. As claim 19 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 19 is also ineligible.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 20 includes the following additional elements: “wherein the control unit simultaneously measures body composition information and electrocardiogram information of the user by using the third bio-signal measurement unit and the fourth bio-signal measurement unit”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 19 merely recite additional extra-solution data gathering steps which amount to insignificant pre/post-solution activity, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. As claim 20 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 20 is also ineligible.
Claim 21 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 21 includes the following additional elements: “wherein the third bio- signal measurement unit comprises: a third-first bio-signal measurement electrode which faces upward to touch the user's hand, and is fixed to the housing of the arm massage unit; and a third-second bio-signal measurement electrode which is longer than the third-first bio- signal measurement electrode, is located at the back of the third-first bio-signal measurement electrode, faces upward to touch the user's hand, and is fixed to the housing of the arm massage unit”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 21 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 21 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further limiting and/or specifying structural limitations which do not apply a/the judicial exception. As claim 21 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 21 is also ineligible.
Claim 22 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 22 includes the following additional elements: “wherein the third-first bio- signal measurement electrode and the third-second bio-signal measurement electrode are formed to be horizontally long”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 22 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 22 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further limiting and/or specifying structural limitations which do not apply a/the judicial exception. As claim 22 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 22 is also ineligible.
Claim 23 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 23 includes the following additional elements: “wherein bottom surfaces of the third-first bio-signal measurement electrode and the third-second bio-signal measurement electrode are respectively coupled to two electrode supports extending upward and downward, wherein the electrode supports are screw-coupled with the housing of the arm massage unit, and wherein the electrode supports are surrounded by a filler, and the upper surfaces of the third- first bio-signal measurement electrode and the third-second bio-signal measurement electrode protrude out of the filler”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 23 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 23 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further limiting and/or specifying structural limitations which do not apply a/the judicial exception. As claim 23 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 23 is also ineligible.
Claim 24 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 24 includes the following additional elements: “wherein the third-first bio- signal measurement electrode and the third-second bio-signal measurement electrode are silicon electrodes or are plated with nickel-chrome”.
As has been similarly outlined with respect to Step 2A, Prong II with respect to claim 13 above, the judicial exception has not been integrated into a practical application. Further, the additional elements recited in claim 24 are not relevant to the judicial exception, and thus do not provide integration of the judicial exception into a practical application, nor do they integrate the judicial exception into an inventive concept. While claim 24 does not recite any further judicial exceptions, the claim also does not integrate the judicial exception into a practical application or an inventive step as seen by the state of the prior art below in the analysis under 35 U.S.C. 102 and 35 U.S.C. 103. Rather, the claims are further limiting and/or specifying structural limitations which do not apply a/the judicial exception. As claim 24 does not serve to integrate the judicial exception outlined with respect to claim 13, claim 24 is also ineligible.
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 13-14, 18, and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 2020/0055318-A).
Examiner notes that the citations with respect to Kima re relative to the provided translation.
Regarding claim 13, Kim discloses a massage apparatus (1000) (Fig. 1; page 3: “The massage device 1000 according to an embodiment of the present disclosure forms an area for accommodating at least a part of the user's body”) comprising:
a third bio-signal measurement unit (1940) which is formed in an arm massage unit (1900), is located at a portion on which a user’s palm is put, and includes at least one electrode (1942) (page 6: “In the case where at least a part of the user's hand is in contact with the second body composition measurement module 1940, the body composition measurement may be performed using the two-electrode four-touch electrode method using the second body composition measurement module 1940” and page 7: “The second body composition measurement module 1940 may include a second electrode unit 1942; Figs. 6-7);
a fourth bio-signal measurement unit (one of the left or right 310) which is formed on the upper surface of a housing (300B) of a foot massage unit (300), and includes at least one fourth bio-signal measurement electrode (page 6: “When at least a part of the user's leg is in contact with the first body composition measurement module 310, the bio-information acquisition unit 1210 may perform body composition measurement using a two-electrode four-touch electrode method using the first body composition measurement module 310”; Figs. 4-5); and
a control unit for acquiring information on the user’s physical condition on the basis of signals obtained from the third bio-signal measurement unit (1940) and the fourth bio-signal measurement unit (310) (page 6: “For example, the control unit 1200 may determine whether at least a portion of the user's leg is in contact with the first body composition measurement module 310, and at least a portion of the user's hand is connected to the second body composition measurement module 1940. It may be determined whether or not contact is made, and the operation of the first body composition measurement module310 and / or the second body composition measurement module 1940 may be controlled based on the determination result of the contact”).
Regarding claim 14, Kim discloses the massage apparatus according to claim 13, as discussed above.
Kim further discloses wherein the upper surface of the fourth bio-signal measurement electrode faces the user and is in an angle range from 1-45 degrees to the ground (page 6: “When at least a part of the user's leg is in contact with the first body composition measurement module 310, the bio-information acquisition unit 1210 may perform body composition measurement using a two-electrode four-touch electrode method using the first body composition measurement module 310”; Figs. 4-5, note the electrodes on 310 extending therefrom to contact the leg; see Figs. 12A, C, and D, where the electrodes would be parallel to the ground in 12A based on the position of the foot massage unit, and would be at 30 degrees and 45 degrees in 12C and 12D respectively, and page 11: “From the level 2 or higher of the user's edema, the position of the leg massager 300 may be increased from the body massager 100 to realize the condition of the lower leg. Specifically, the massage pattern determining unit 1230 may provide a massage in a state in which the body massage unit 100 is inclined in a direction that falls about 30 degrees from a parallel line when the edema state is 2 level, and in the case of the 3 level, the body massage unit It is possible to provide a massage in a state in which the 100 is inclined in the direction of falling 30 degrees from the parallel line, and the leg massager 300 is inclined in the direction of increasing 30 degrees from the parallel line. It is possible to provide a massage in a state inclined in the direction of lowering about 30 degrees from the parallel line, and inclined in the direction of raising the leg massage unit 300 by about 45 degrees from the parallel line”).
Regarding claim 18, Kim discloses the massage apparatus according to claim 13, as discussed above.
Kim further discloses two third bio-signal measurement units (1940) wherein each of the two third bio-signal measurement units (1940) includes two third bio-signal measurement electrodes (1942) (page 5: lines 1-6, note that there are left and right arm massage units; page 6: “In the case where at least a part of the user's hand is in contact with the second body composition measurement module 1940, the body composition measurement may be performed using the two-electrode four-touch electrode method using the second body composition measurement module 1940” and page 7: “The second body composition measurement module 1940 may include a second electrode unit 1942”, where there are two electrodes in each electrode unit 1942 as shown in Figs. 6-7; page 6: “when at least a part of the user's leg is in contact with the first body composition measurement module 310 and at least a part of the user's hand is in contact with the second body composition measurement module 1940, body composition measurement is performed by a 4-electrode 8-touch electrode method”),
two fourth bio-signal measurement units (310) wherein each of the two fourth bio-signal measurement units (310) includes two fourth bio-signal measurement electrodes (page 6: “When at least a part of the user's leg is in contact with the first body composition measurement module 310, the bio-information acquisition unit 1210 may perform body composition measurement using a two-electrode four-touch electrode method using the first body composition measurement module 310”; Figs. 4-5, where there are 2 leg massage units each with a fourth bio-signal measurement unit 310; page 6: “when at least a part of the user's leg is in contact with the first body composition measurement module 310 and at least a part of the user's hand is in contact with the second body composition measurement module 1940, body composition measurement is performed by a 4-electrode 8-touch electrode method”),
wherein the control unit (1200) measures bio-signals of the user by using at least two out of a total of four third bio-signal measurement electrodes (1942) and at least two out of a total of four fourth bio-signal measurement electrodes (page 6: “For example, the control unit 1200 may determine whether at least a portion of the user's leg is in contact with the first body composition measurement module 310, and at least a portion of the user's hand is connected to the second body composition measurement module 1940. It may be determined whether or not contact is made, and the operation of the first body composition measurement module310 and / or the second body composition measurement module 1940 may be controlled based on the determination result of the contact” and “when at least a part of the user's leg is in contact with the first body composition measurement module 310 and at least a part of the user's hand is in contact with the second body composition measurement module 1940, body composition measurement is performed by a 4-electrode 8-touch electrode method”).
Regarding claim 21, Kim discloses the massage apparatus according to claim 13, as discussed above.
Kim further discloses wherein the third bio-signal measurement unit (1940) comprises:
a third-first bio signal measurement electrode which faces upward to touch the user’s hand, and is fixed to the housing (1950) of the arm massage unit (1900) (page 7: “The second body composition measurement module 1940 may include a second electrode unit 1942.In addition, the second body composition measurement module 1940 may include a second body composition measurement support 1944 that couples the second electrode portion 1942 to the hand acupressure portion 1950. The hand acupressure part 1950 may be provided with a plurality of openings, and at least a portion of the second electrode part 1942 may be coupled to the second body composition measurement support 1944 through the opening provided in the hand acupressure part 1950”; see Fig. 7, where 1942 includes two electrodes, one behind the other, and the rear electrode is longer than the front); and
a third-second bio-signal measurement electrode which is longer than the third-first bio-signal measurement electrode, is located at the back of the third-first bio-signal measurement electrode, faces upward to touch the user’s hand, and is fixed to the housing (1950) of the arm massage unit (1900) (page 7: “The second body composition measurement module 1940 may include a second electrode unit 1942.In addition, the second body composition measurement module 1940 may include a second body composition measurement support 1944 that couples the second electrode portion 1942 to the hand acupressure portion 1950. The hand acupressure part 1950 may be provided with a plurality of openings, and at least a portion of the second electrode part 1942 may be coupled to the second body composition measurement support 1944 through the opening provided in the hand acupressure part 1950”; see Fig. 7, where 1942 includes two electrodes, one behind the other, and the rear electrode is longer than the front).
Regarding claim 22, Kim discloses the massage apparatus according to claim 21, as discussed above.
Kim further discloses wherein the third-first bio-signal measurement electrode and the third-second bio-signal measurement electrode are formed to be horizontally long (page 7: “The second body composition measurement module 1940 may include a second electrode unit 1942.In addition, the second body composition measurement module 1940 may include a second body composition measurement support 1944 that couples the second electrode portion 1942 to the hand acupressure portion 1950. The hand acupressure part 1950 may be provided with a plurality of openings, and at least a portion of the second electrode part 1942 may be coupled to the second body composition measurement support 1944 through the opening provided in the hand acupressure part 1950”; see Fig. 7, where 1942 includes two electrodes, one behind the other, and the rear electrode is longer than the front, and both electrodes include a length in their horizontal direction coinciding with their longitudinal axes).
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.
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 non-obviousness.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020/0055318-A), as applied to claim 13 above, in view of Thomas (CN 102655806-A).
Examiner notes that the citations with respect to Thomas are relative to the provided translation.
Regarding claim 15, Kim discloses the massage apparatus according to claim 13, as discussed above.
Kim fails to disclose wherein the third bio-signal measurement electrode is a silicon electrode or is plated with nickel-chrome.
However, Thomas teaches a method and apparatus for determining bioimpedance (abstract, lines 1-3), wherein an electrode used for measuring the bioimpedance is made from silicon (page 18: “Moreover, current providing an implantation electrode(diameter 8), joint of aluminum foil adhesive gel electrodes (detection in this example) to different build of the experiment body left and right hand. the diameter 28 of the conductive silicon rubber electrode form a pair of stimulating electrodes”).
Therefore, given that both Kim and Thomas are directed to using electrodes for measuring parameters associated with the human body, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the electrode from silicon, as taught by Thomas, to provide an electrode that is soft and comfortable against the user’s body while still ensuring conductive contact is made.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020/0055318-A), as applied to claim 13 above, in view of Kim (KR 2019/014135-A), hereinafter referred to as Kim ‘135, Thomas (CN 102655806-A), and Hinchet (US 2021/0271326).
Examiner notes that the citations with respect to Kim ‘135 and Thomas are relative to the provided translation.
Regarding claim 16, Kim discloses the massage apparatus according to claim 13, as discussed above.
Kim further discloses a second bio-signal measurement unit (second of the left or right 310) which is located at a portion corresponding to the back of the ankle of the user and has at least one electrode capable of moving forward and backward (page 6: “When at least a part of the user's leg is in contact with the first body composition measurement module 310, the bio-information acquisition unit 1210 may perform body composition measurement using a two-electrode four-touch electrode method using the first body composition measurement module 310”; Figs. 4-5, where there are 2 310s; see also Figs. 12A, C, and D, where the electrodes would be parallel to the ground in 12A based on the position of the foot massage unit, and would be at 30 degrees and 45 degrees in 12C and 12D respectively, and page 11: “From the level 2 or higher of the user's edema, the position of the leg massager 300 may be increased from the body massager 100 to realize the condition of the lower leg. Specifically, the massage pattern determining unit 1230 may provide a massage in a state in which the body massage unit 100 is inclined in a direction that falls about 30 degrees from a parallel line when the edema state is 2 level, and in the case of the 3 level, the body massage unit It is possible to provide a massage in a state in which the 100 is inclined in the direction of falling 30 degrees from the parallel line, and the leg massager 300 is inclined in the direction of increasing 30 degrees from the parallel line. It is possible to provide a massage in a state inclined in the direction of lowering about 30 degrees from the parallel line, and inclined in the direction of raising the leg massage unit 300 by about 45 degrees from the parallel line”, where movement towards and away from the ground is read to be movement of the electrode forwards and backwards),
wherein the second bio-signal measurement unit (second one of 310) comprises:
a leg support formed on the housing of the foot massage unit (300) to be located at the back of the leg of the user;
a foot holder (see the outcropped portion of 300B where the user’s feet reside in Fig. 5) coupled to the front of the leg support (300A) to support the user's leg, and having a concave shape (see Figs. 4-5, where the identified foot folder is located frontward of the aspect 300A, and includes a concave portion at its rear where the user’s heel is placed and at the front where the toes are placed; page 5: “As shown in FIG. 5, when the user's leg is drawn into the leg massager 300”); and
a second bio-signal measurement electrode (page 6: “When at least a part of the user's leg is in contact with the first body composition measurement module 310, the bio-information acquisition unit 1210 may perform body composition measurement using a two-electrode four-touch electrode method using the first body composition measurement module 310”; page 7: “As shown in FIG. 5, when the user's leg is drawn into the leg massager 300, the biometric information acquisition unit 1210 utilizes the first body composition measurement module 310 to measure body composition using a two-electrode four-touch electrode method”; note the two separate elements 310 carrying electrodes in Figs. 4-5).
Kim fails to disclose:
an elastic layer attached to the front of the foot holder; and
wherein the second bio-signal measurement electrode is inserted into a hole formed in the elastic layer, wherein the elastic layer is made of silicon, and the second bio-signal measurement electrode is a silicon electrode and has a thickness ranging from 5 mm to 7 mm.
However, Kim ‘135 teaches a massage apparatus (abstract, lines 1-3; Fig. 1), wherein an electrode plate (600) is formed in an elastic layer (650) for attachment to the massage apparatus, and wherein the elastic layer (650) is made of silicon, and the electrode (610) is inserted into a hole formed in the elastic layer (650), where the silicon layer advantageously acts as an insulating layer (page 7: “FIG. 6 illustrates an example of the electrode plate unit 600 provided on the body portion 140 of FIG.2. Referring to FIG. 6, the electrode plate unit 600 includes a contact plate 610, a conductive line 630,and an insulating film 650. In the bipolar high frequency generator, the electrode plate unit 600 is used as a conductor for generating two electrodes. The contact plate 610 is made of a conductor and generates high frequency deep heat by contacting the user's body. The surface of the contact plate 610 may be coated with a thin film to prevent overheating of insulating materials such as PVC tape, urethane, silicone, or special carbon. The conductive line 630 supplies current to the contact plate 610. The insulating layer 650 is formed of anon-conductor, and surrounds the edge of the contact plate 610 to block the high frequency current supplied to the edge of the contact plate 610. The insulating film 650 may be made of an insulator such as fiber or silicon”; see Fig. 6, where electrode 610 is inserted within a hole in the insulating layer 650).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second bio-signal measurement electrode and foot holder of Kim such that the electrode is insulated with an elastic layer attached to the foot holder, wherein the elastic material forms a hole for the insertion of the electrode, and is made from silicon, as taught by Kim ‘135, in order to provide an insulating material to the electrode, isolating it from the material of the foot holder for safety.
Modified Kim fails to disclose that the second bio-signal measurement electrode is a silicon electrode and has a thickness ranging from 5 mm to 7 mm.
However, Thomas teaches a method and apparatus for determining bioimpedance (abstract, lines 1-3), wherein an electrode used for measuring the bioimpedance is made from silic