DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 11 is objected to for the following grammatical errors:
It appears line 7 should read --one or more double-hinge members connect rotatably to secure the first weight-bearing platform--.
It appears line 9 should read --one or more double-hinge members connect rotatably to secure the second weight-bearing platform--.
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, 2, 4, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu (CN 106895899; see attached machine translation).
Regarding claim 1, Zhu discloses in figures 1 and 2 a foldable personal scale (¶ [0004]), comprising a first weight-bearing platform (201) (¶ [0043]) rotatably secured to a first rotating member (no reference numeral, see top hinge pin connecting tube 501 associated with 201 to hinge 502 in figure 2) such that the first weight-bearing platform (201) is radially rotatable relative to the first rotating member (top hinge pin), a second weight-bearing platform (301) (¶ [004]) rotatably secured to a second rotating member (no reference numeral, see bottom hinge pin connecting tube 503 associated with 301 to hinge 502 in figure 2) such that the second weight-bearing platform (301) is radially rotatable relative to the second rotating member (bottom hinge pin), and one or more double-hinge members (502), each double-hinge member (502) of said one or more double-hinge members (502) radially rotatably secured to both the first rotating member (top hinge pin) and the second rotating member (bottom hinge pin) (¶¶ [0034], [0044]).
Regarding claim 2, Zhu discloses in figure 2 the first weight-bearing platform further (201) comprises one or more first tube members (501) along a side of the first weight-bearing platform (201), each first tube member (501) of the one or more first tube members (501) coaxially secured around the first rotating member (top hinge pin), and the second weight-bearing platform (301) further comprises one or more second tube members (503) along a side of the second weight-bearing platform (301), each second tube member (503) of the one or more second tube members (503) coaxially secured around the second rotating member (bottom hinge pin) (¶¶ [0034], [0044]).
Regarding claim 4, Zhu discloses each of the first weight-bearing platform (201) and the second weight-bearing platform (301) house one or more load sensors (203, 303) configured for measuring a weight (¶ [0043]).
While Zhu does not explicitly disclose the load cells are for measuring a user’s weight, this is considered an intended use of the scale.
A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114 (II).
Regarding claim 10, Zhu discloses the foldable personal scale is foldable and unfoldable between a measurement configuration (figure 1) and a storage configuration (figure 2), the measurement configuration (figure 1) having the first weight-bearing platform (201) and the second weight-bearing platform (301) positioned side-by-side and the storage configuration (figure 2) having an upper surface of the first weight-bearing platform (201) and an upper surface of the second weight-bearing platform (301) positioned against each other (see figure 2).
Regarding claim 11, Zhu discloses in figures 1 and 2 a foldable personal scale (¶ [0004]), comprising a first weight-bearing platform (101) (¶ [0043]), a second weight-bearing platform (301) (¶ [0043]), and an intermediate platform (201) positioned between the first weight-bearing platform (101) and the second weight-bearing platform (301) (¶ [0043], see figure 1), wherein one or more double-hinge members (500) connect rotatably secure the first weight-bearing platform (101) to the intermediate platform (201) and one or more double-hinge members (500) connect rotatably secure the second weight-bearing platform (301) to the intermediate platform (201), each double hinge-member (500) of said one or more double-hinge members (500) providing two axes of rotation (¶¶ [0034], [0044]).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Lin et al. (US 2009/0229889.
Regarding claim 3, Zhu discloses all the limitations of claim 1 on which this claim depends.
Zhu is silent to feet members.
In the same field of endeavor, Lin teaches in figures 2-11 a foldable scale (¶ [0018]) wherein a plurality of feet members (figure 2: 225 are secured along a bottom surface of both the first weight-bearing platform (2211) and the second weight-bearing platform (2211) (¶ [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to include Lin’s feet members in Zhu’s scale for the purpose of providing an anti-slip surface so the scale be safely be used on tile or metal surfaces.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Iida et al. (USPN 4,711,313).
Regarding claim 5, Zhu discloses all the limitations of claim 4 on which this claim depends.
Zhu does not explicitly disclose the display and circuit components claimed.
In the same field of endeavor, Iida teaches a foldable personal scale (figure 1:1) comprising a processor (figure 34:60), a digital display (figure 34:38, see also figure 1: 9), and a signal conditioner (figure 34:66) for transforming a force exerted on the first weight-bearing platform (figure 1:2) and the second weight-bearing platform (figure 1:3) into an electrical signal to be displayed on the digital display (9), and wherein the one or more load sensors (figure 34:62,63) are electronically connected to the processor (60), the digital display (68), and the signal conditioner (66) (col. 12, lines 1-37).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to include Iida’s display and circuitry in Zhu’s scale for the purpose of analyzing the load sensor signals and presenting them in a manner the user can readily understand.
Regarding claim 6, Zhu and Iida disclose all the limitations of claim 5 on which this claim depends.
Iida further teaches in figure 1 the digital display (9) is provided on an upper surface of either the first weight-bearing platform (2) or an upper surface of the second weight-bearing platform (3) (col. 4, lines 8-24).
The reasons and motivation for combining are the same as recited in the rejection of claim 5 above.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Iida and further in view of Xu (CN 108709619; see attached machine translation).
Regarding claim 7, Zhu as modified by Iida discloses all the limitations of claim 6 on which this claim depends.
Zhu and Iida are silent to a temperature sensor.
In the same field of endeavor, Xu generally teaches in figure 1 incorporating a temperature sensor (4) into a weighing scale (1), the temperature sensor (4)
electronically connected to the processor (11), the digital display (6), and the signal conditioner (incorporated into 11, see ¶ [0036]) to provide temperature measurements (¶¶ [0028], [0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to incorporate Xu’s temperature sensor into Zhu’s scale for the purpose of correlating weight and temperature measurements so a user can deduce if temperature compensation is necessary to improve accuracy.
Regarding claim 8, Zhu as modified by Iida discloses all the limitations of claim 6 on which this claim depends.
Zhu and Iida are silent to a Bluetooth module.
In the same field of endeavor, Xu generally teaches in figure 1 incorporating a Bluetooth module (12) into a weighing scale (1), the Bluetooth module (12) electronically connected to at least the processor (11) to configure the personal scale for wireless communication with other electronic devices (¶¶ [0033], [0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to incorporate a Bluetooth module as taught by Xu into Zhu’s scale for the purpose of allowing users to track measurement on external software applications for example on their phones for data logging (¶ [0036]).
When Xu is combined with Zhu in the manner described above, the scale is a foldable scale without further modification needed.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Iida and further in view of Izumo et al. (US 2014/0297229; “Izumo”).
Regarding claim 9, Zhu as modified by Iida discloses all the limitations of claim 6 on which this claim depends.
Zhu and Iida are silent to the digital display simultaneously displays multiple measurement values, including weight, time, and temperature.
In the same field of endeavor, Izumo generally teaches a digital display (1) for a scale (figure 6:100), the digital display simultaneously displays multiple measurement values, including weight, time, and temperature (¶ [0012], see figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to display the claimed information simultaneously as taught by Izumo in Zhu’s modified scale for the purpose of improving data processing associated with an environmental improvement for data acquisition, centralized data management, and numerical display and graphing (¶ [0012]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
USPN 5,414,225 discloses a folding scale that appears to show a double hinge mechanism allowing for dual rotation axes of the platforms.
USPN 4,765,421 discloses a foldable scale that folds in a similar manner to that disclosed by the instant specification.
US 2016/0349105 discloses a folding scale with feet.
US 2009/0173550 discloses a folding scale with feet.
GB 2532078 and GB 2422018 both disclose foldable scales with two platforms as well as one or more intermediate platforms.
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/NATALIE HULS/Primary Examiner, Art Unit 2855