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 .
Drawings
The drawings were received on 11/27/23.These drawings are accepted by the examiner.
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 7-8, 15-16 and 23-24 are 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 claims 7-8, 15-16 and 23-24, the phrase “can be” recited in line 3 of each of these claims, is not a positive limitation and thereby, renders the claim unclear and indefinite. Applicant might overcome the rejection by substituting the phrase with
–configured-- to. Clarification and correction are required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 6-10, 12 and 14-16 are rejected under 35 U.S.C. 102 (a)(1) / (a)(2) as being anticipated by et Huckestein et al. (US Patent 11,169,017), hereinafter, Huckestein.
Regarding claim 1, Huckestein discloses a weight measurement apparatus (30), comprising: a base (40) for being disposed on a ground (see: Fig. 2), comprising a first plate (48), a second plate (42), and a weight measuring device (80), a supporting unit (15) disposed between the first plate (48) and the second plate (42), wherein the base (40) comprises no active device; and a display unit (90) comprising a display panel (100, see; col. 4, lines 2-4) and a control circuit (60) for being disposed separately from the base (40), wherein the control circuit (60) is electrically connected to the weight measuring device (80) through a transmission unit (power cable, see col. 3, line 53-54); and detects a deformation of the weight measuring device caused by pressing (20) against the supporting unit (15) through the transmission unit (power cable, col. 3, lines 53-54), wherein the display panel (top cover (100) displays a weight value related (col. 4, lines 14-15) to the deformation (col. 4, lines 9-15).
Regarding claims 2 and 10, Huckestein discloses The weight measurement apparatus as recited in claim 1, wherein the first plate (48) comprises a fixing unit (50), and the second plate (42) comprises a waterproof unit (110), wherein the weight measuring device (30) is fixed within the fixing unit of the first plate (48), and the supporting unit (15) is secured within the waterproof unit (110) within the second plate (42), wherein the inner diameter of the fixing unit is larger than the outer diameter of the waterproof unit (see; col. 4, lines 2-4).
Regarding claims 4 and 12, Huckestein discloses the weight measurement apparatus as recited in claim 1 or claim 2, wherein the base comprises a sealing foam unit (120) between the first plate (48) and the second plate (42) for enhancing the waterproof function between the first plate (48) and the second plate (42), wherein the second plate (42) comprises plurality of fixed ground securing holes (125) for fixing on the ground.
Regarding claims 6 and 14, Huckestein discloses the weight measurement apparatus as recited in claim 1, wherein the control circuit is connected to an external power supply through an external power cable for weight measuring (see: col. 3, lines 52-54).
Regarding claims 7 and 15, Huckestein discloses the weight measurement apparatus as recited in claim 1, wherein the display unit (90) comprises the display panel (see: Figs. 2 and 6) and the control circuit (60), wherein the control circuit (60) comprises the external power supply cable (col. 3, lines 52-53) and a battery box (col. 3, line 53), which can be connected to the external power supply source (70) by the external power cable or the battery box loaded with at least one battery to provide power for weight measuring (see: col. 3, lines 52-57).
Regarding claims 8 and 16, Huckestein discloses the weight measurement apparatus as recited in claim 1, wherein the display unit comprises the display panel (see: Figs 1-2), the control circuit (60) and the battery box, wherein the control circuit comprises the external power supply cable (col. 3, lines 52-54) which can be connected to the external power supply source (70) by the external power cable (col. 3, lines or the battery box loaded with at least one battery to provide power for weight measuring (col. 3, lines 52-67).
Regarding claim 9, it is similar in scope with claim 1 and therefore, it is rejected similarly for the reasons set forth for that claim.
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 3, 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Huckestein et al. (US Patent 11,169,017), hereinafter, Huckestein in view of Cheng et al. (TW .329950), hereinafter, Cheng.
Regarding claims 3, 11 and 19, they differ from the prior art by reciting wherein the second plate comprises plurality of ribs for strengthening the structural strength of the second plate, wherein the ribs comprise a plurality of corresponding grooves related to the wire casings, wherein the base comprises a plurality of spacings between the wire casings and the corresponding grooves. Cheng discloses a cover board for covering atop an electronic device is disclosed, including one or more rows of multiple strengthened ribs disposed in a protruding manner to strengthen the structural rigidity thereof (see: abstract). It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to include in Huckestein the teachings of Cheng because the cover board includes one or more rows of multiple strengthened ribs disposed in a protruding manner and the strengthened ribs are integrally formed in one step on the cover board to enforce its rigidity. This combination would provide the advantages of having the rows of multiple strengthened ribs are disposed in a protruding manner to strengthen the structural rigidity thereof, thereby eliminating the need to increase its thickness or to form a complex structure for strengthening purposes and providing a simple structure without occupying any space in the housing of the device and thereby, making the above combination more effective.
Claims 17-20 and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Huckestein et al. (US Patent 11,169,017), hereinafter, Huckestein.
Regarding claim 17, it is similar in scope with claim 1 and therefore, it is rejected for the reasons set forth for that claim. Furthermore, Huckestein discloses a combination weight scale and bath mat 10 for use by a person 20 on a support surface 15, such as a bathroom room floor (see; col. 3, lines 43-46). However, Huckestein does not particularly disclose or suggest a lateral side of the base comprises a concave area. It would have been obvious to one of the ordinary skilled in the art to be motivated to provide a base with a concave area which may be designed to ensure accurate placement of the scale or user since the toilet floor suggests the scale is installed either on or in the floor which allows it to be discreet and blend with the surrounding bathroom environment to thereby realize the claimed invention in a reliable and efficient manner.
Regarding claim 18, Huckestein discloses the weight measurement apparatus as recited in claim 1, wherein the first plate (48) comprises a fixing unit (50), and the second plate (42) comprises a waterproof unit (110), wherein the weight measuring device (30) is fixed within the fixing unit of the first plate (48), and the supporting unit (15) is secured within the waterproof unit (110) within the second plate (42), wherein the inner diameter of the fixing unit is larger than the outer diameter of the waterproof unit (see; col. 4, lines 2-4).
Regarding claim 19, it is similar in scope with claims 3 and 11 and therefore, it is rejected for the reasons set forth for that claim in paragraph 11.
Regarding claim 20, Huckestein discloses the weight measurement apparatus as recited in claim 1 or claim 2, wherein the base comprises a sealing foam unit (120) between the first plate (48) and the second plate (42) for enhancing the waterproof function between the first plate (48) and the second plate (42), wherein the second plate (42) comprises a plurality of fixed ground securing holes (125) for fixing on the ground.
Regarding claim 22, Huckestein discloses the weight measurement apparatus as
recited in claim 1, wherein the control circuit is connected to an external power supply
through an external power cable for weight measuring (see: col. 3, lines 52-54).
Regarding claim 23, Huckestein discloses the weight measurement apparatus as recited in claim 1, wherein the display unit (90) comprises the display panel (see: Figs. 2 and 6) and the control circuit (60), wherein the control circuit (60) comprises the external power supply cable (col. 3, lines 52-53) and a battery box (col. 3, line 53), which can be connected to the external power supply source (70) by the external power cable or the battery box loaded with at least one battery to provide power for weight measuring (see: col. 3, lines 52-57).
Regarding claim 24, Huckestein discloses the weight measurement apparatus as recited in claim 1, wherein the display unit comprises the display panel (see: Figs 1-2), the control circuit (60) and the battery box, wherein the control circuit comprises the external power supply cable (col. 3, lines 52-54) which can be connected to the external power supply source (70) by the external power cable or the battery box loaded with at least one battery to provide power for weight measuring (col. 3, lines 52-67).
Allowable Subject Matter
Claims 5, 13 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record taken alone and in combination does not disclose or suggest “the weight measurement apparatus as recited in claim 1, wherein a center of the first plate comprises a first protrusion contains a locking hole, wherein a center of the second plate comprises a second protrusion, wherein the first protrusion is disposed corresponding to the second protrusion, wherein the second plate comprises a first through-hole corresponding to the second protrusion, wherein the second protrusion comprises a second through-hole that communicates with the first through-hole, wherein an inner diameter of the first through-hole is larger than an inner diameter of the second through-hole, allowing a securing unit to pass through from the first through-hole to the second through-hole, wherein a top area of the securing unit is secured to the locking hole of the first plate” as recited in claim 5, 13 and 21. These limitations are neither taught nor made obvious by the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUES M SAINT SURIN whose telephone number is (571)272-2206. The examiner can normally be reached Mon to Frid (Flex) 10:00 to 7:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JACQUES M SAINT SURIN/Examiner, Art Unit 2855