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 .
Response to Arguments
Applicant's arguments filed 05/05/2026 have been fully considered but they are not persuasive.
Applicant argues in the second full paragraph of page 5 that Angel may merely describe a thin-type scale in which four identical load cells are arranged at the four corners but contains no teaching whatsoever how the loads, borne by the four load cells, relate to one another. Applicant then goes on assert that Angel neither discloses nor suggests the amended claim 1 limitation, “for each mutually adjacent pair among the strain generating bodies, the strain sensor of the strain generating body serving as a first partner of the pair is arranged on a front surface of the strain generating part, and the strain sensor of the strain generating body serving as a second partner of the pair is arranged on a back service of the strain generating part”.
Examiner notes that claim 1 does not appear to claim how the loads borne by the four cells relate to one another. The cited claim language merely outlines where the strain sensors are on the strain generating bodies in relation to each other. Furthermore, the concept of “pair” is not defined by the claim language, so a “pair” can be interpreted as any two strain generating bodies of the four. It does not describe any wiring scheme, any structural relationship or any functional relationship between any two strain generating bodies.
Angel discloses in figure 3C and in col. 5, lines 8-24 that there are preferably strain gauges on both the front and back surfaces of the strain generating bodies. When the strain generating bodies are arranged in a scale as shown in figure 5, each and every strain generating body has strain gauges on the front and back sides, therefore each and every pair has a first partner with strain gauges arranged on a front surface and a second partner with strain gauges arranged on the back surface. That there are also strain gauges arranged on the opposing surfaces of each partner of each pair is irrelevant to how the claim is written. Also any physical or electrical connection between the pairs is irrelevant to how the claim is written. MPEP § 2173.01 requires that “during examination, a claim must be given its broadest reasonable interpretation consistent with the specification as it would be interpreted by one of ordinary skill in the art.”
Applicant argues in the last three full paragraphs of page 5 that Angel does not disclose advantages associated with the invention as set forth in the specification. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Angel (USPN 5,510,581).
Regarding claim 1, Angel discloses a scale (see e.g. figure 5, col. 6, lines 35-41) comprising a case base (figure 5:22) (col. 6, lines 44-46), a case cover (figure 5:26) arranged on the case base (22), the case cover (26) being configured such that a load is applied to the case cover (26) (col. 6, lines 52-57), a plurality of strain generating bodies (figure 5: 23) configured to support the case cover (26) on the case base (22) (col. 6, lines 35-47), the strain generating bodies (23) each having a strain generating part (figure 1: 2), the strain generating part (2) being configured to be elastically deformed by receiving the load applied to the case cover (26) (col. 4, lines 61-64), and a strain sensor (8, 9, 10, 11) provided on the strain generating part (2) of each of the strain generating bodies (23), the strain sensor (8, 9, 10, 11) being configured to give a resistance value varied in accordance with tension and compression due to deformation of the strain generating part (2) (col. 5, lines 4-20), wherein the strain sensor (8, 9, 10, 11) comprises a first strain gauge (9, 11) and a second strain gauge (8, 10), the first strain gauge (9, 11) being arranged at a site deformed into a recessed shape in a state in which the strain generating part (2) is elastically deformed, and the second strain gauge (8, 10) being arranged at a site deformed into a projected shape in a state in which the strain generating part (2) is elastically deformed (col. 5, lines 31-50, see figure 2A which corresponds to figure 4 of the instant application), the strain generating bodies (23) are arranged at least at four locations (see figure 5, col. 6, lines 35-42) and for each mutually adjacent pair among the strain generating bodies (23), the strain sensor (8, 9, 10, 11) of the strain generating body (23) serving as a first partner of the pair is arranged on a front surface of the strain generating part (2), and the strain sensor (8, 9, 10, 11) of the strain generating body (23) serving as a second partner of the pair is arranged on a back surface of the strain generating part (2) (col. 5, lines 4-30, each strain generating body has strain gauges on front and back surfaces thus meeting the claim limitation for all pairs or strain generating bodies).
Regarding claim 2, Angel discloses the strain generating bodies (23) are arranged at four locations (col. 6, lines 36-56, see figure 5), in the strain generating body (23) serving as the first partner of the mutually adjacent pair among the strain generating bodies (23), the strain sensor (8, 9, 10, 11) is arranged on the front surface of the strain generating part (2), and in the strain generating body (23) serving as the second partner of the mutually adjacent pair among the strain generating bodies (23), the strain sensor (8, 9, 10, 11) is arranged on the back surface of the strain generating part (2) (col. 5, lines 4-31).
Regarding claim 3, Angel discloses the strain sensor (8, 9, 10, 11) comprises a first contact terminal connected to a first end of the first strain gauge (9, 11), a second contact terminal connected to a first end of the second strain gauge (8, 10), and a third contact terminal connected to a second end of the first strain gauge (9, 11) and a second end of the second strain gauge (8, 10) (no reference numeral, see contact terminals in figure 4).
Regarding claim 18, Angel discloses in figure 2A the strain generating part (2) is connected between a center portion of a load receiving portion (5) that receives a load applied to the case cover (26) and a center portion of a fixing portion (7) that is fixed to the case base (22) (col. 5, lines 31-65; note the claim does not specify to what or how the strain generating part is “connected”. The tongue 5 is connected to the transverse part 7 via flexure 2, thus meeting the claim limitation).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATALIE HULS whose telephone number is (571)270-5914. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at (571) 272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATALIE HULS/Primary Examiner, Art Unit 2855
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