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 .
Information Disclosure Statement
The information disclosure statement filed 06/03/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the foreign patents and non-patent literature information referred to therein have not been considered.
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.
Claims 6 and 7are 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 6, the line 3 limitation “the remote server” lacks antecedent basis. Examiner reads --a remote server--.
Regarding claim 7, the limitation “the electronic computer device” recited in lines 3 and 5 lacks antecedent basis. Claim 1 on which this claim depends recites “a secondary electronic computer device” however claim 5 also recites “a user electronic computing device”. Furthermore, it is unclear from the specification which electronic computing device this could be referring to. For the purposes of applying prior art, Examiner is interpreting this electronic computing device as either the aforementioned secondary electronic computer device or a different electronic computer device such as the user electronic computer device from the specification.
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 1-4, 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerster et al. (DE 10 2012 219 786; “Gerster”, see attached machine translation).
Regarding claim 1, Gerster discloses in figures 1-3 a method of determining a blind weight of a user (¶ [0008]) with a specialized scale (1) comprising the steps of providing a weight scale (1) having a scale body having an upper surface (2), having an electronic display (5), having a weight sensor operably configured to ascertain a weight of an object supported on the upper surface (2) of the weight scale body (¶¶ [0047]-[0048], no reference numeral shown for “weight sensor”, however this disclosed as “the function of determining weight”), and operably configured to convert the weight to one of a plurality of non-weight identifying electronic symbols (12) uniquely associated with the weight and operably configured to display the non-weight identifying electronic symbol (12) to the electronic display (5) (¶¶ [0022]-[0023, [0052]), providing a secondary electronic computing device (11) with an electronic display (10) configured to display a user interface (“computer program runs in the mobile device”; ¶¶ [0049], [0053]), measuring a user weight from the user with the weight scale (1) (¶¶ [0047], [0051]), converting the user weight to the one of the plurality of non-weight identifying electronic symbols (12) uniquely associated with the user weight, and displaying the one of the plurality of non-weight identifying electronic symbols (12) on the electronic display (5) of the weight scale (1) (¶ [0052]; see figure 2), electronically communicating the one of the plurality of non-weight identifying electronic symbols (12) to the secondary electronic computing device (11) and inserting the one of the plurality of non-weight identifying electronic symbols (12) into the user interface, decoding the one of the plurality of non-weight identifying electronic symbols (12) into a decoded user weight, and displaying the decoded user weight on the user interface (¶ [0053]; see figure 2).
Regarding claim 2, Gerster discloses providing the weight scale body with a substantially planar upper surface (2) with the electronic display (5) disposed thereon (¶ [0047]).
Regarding claim 3, Gerster discloses each of the plurality of non-weight identifying electronic symbols (12) further comprise at least one of a combination of numbers, a combination of letters, an alphanumerical combination, and a visually perceivable image (¶¶ [0022]-[0023]).
Regarding claim 4, Gerster discloses decoding the one of the plurality of non-weight identifying electronic symbols (12) into the decoded user weight with at least one of a processor resident on the secondary electronic computing device (11) (“a computer program runs on the mobile device”; ¶ [0052]) and a processor on a remote server; and storing the decoded user weight on at least one of a memory resident on the secondary electronic computing device (11) and a memory resident on the remote server (“a computer program on the mobile device generates the…code 9 from stored data”; ¶ [0050]).
Regarding claim 8, Gerster discloses in figures 1-3 a specialized blind weight scale (1) (¶ [0008]) comprising a scale body having an upper surface (2) and at least one lower surface (underside of platform 2) configured to support the scale body on a ground surface (¶ [0047]), an electronic display (5) disposed on the upper surface (2) of the scale body (¶ [0048]), a weight sensor operably configured to ascertain a weight of an object supported on the upper surface (2) of the weight scale body (¶¶ [0047]-[0048], no reference numeral shown for “weight sensor”, however this disclosed as “the function of determining weight”), and a processor and a memory storing a computer readable instructions for converting the weight to a unique non-weight identifying electronic symbol (12), the processor operably configured to convert the weight to the unique non-weight identifying electronic symbol (12) and display the unique non-weight identifying electronic symbol (12) on the electronic display (5) of the scale body ¶ [0052]; see figure 2).
Regarding claim 10, Gerster discloses the weight scale body further comprises a substantially planar upper surface (2) with the electronic display (5) disposed thereon (¶¶ [0047]-[0048], see figure 2).
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.
Claims 5-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Gerster in view of Delp et al. (US 2020/0395116; “Delp”).
Regarding claim 5, Gerster discloses all the limitations of claim 1 on which this claim depends.
Gerster is silent to a user electronic computing device and a network.
In the same field of endeavor, Delp discloses in figures 1A-1C a method of determining a blind weight of a user with a specialized scale (110) (¶ [0051]) comprising providing a user electronic computing device (333) communicatively coupled to the secondary electronic computing device (331) over a network (309) and having an electronic display (305) and a user interface (307), inserting the one of the plurality of non-weight identifying electronic symbols in the user interface (307) of the user electronic computing device (333) and electronically communicating the one of the plurality of non-weight identifying electronic symbols from the user electronic computing device to the secondary electronic computing device (331) (¶¶ [0050], [0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to provide a user electronic computing device and a network in Gerster’s system as taught by Delp for the purpose of allowing the data to be shared among health care providers and therapists for the benefit of allowing a supportive team of professionals to guide and advise on one’s weight loss plan (Delp ¶¶ [0066]-[0067], see figure 8).
Regarding claim 6, Gerster discloses storing a plurality of decoded user weights on the at least one of the memory resident on the secondary electronic computing device (11) and the memory resident on the remote server, the secondary electronic computing device (11) operably configured to display a categorized inventory (13) of the plurality of decoded user weights on the user interface of the secondary electronic computing device (11) (¶¶ [0050], [0053]).
Regarding claim 7, Gerster discloses all the limitations of claim 1.
Gerster is silent to a networking interface.
In the same field of endeavor, Delp discloses in figures 1A-1C a method of determining a blind weight of a user with a specialized scale (110) (¶ [0051]) comprising providing the weight scale (110) having a networking interface (309) communicatively coupling the weight scale to the electronic computing device (333) through a network and electronically communicating the one of the plurality of non-weight identifying electronic symbols (111) from the weight scale (110) to the electronic computing device (333) (¶¶ [0051]-[0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to provide a user electronic computing device and a network in Gerster’s system as taught by Delp for the purpose of allowing the data to be shared among health care providers and therapists for the benefit of allowing a supportive team of professionals to guide and advise on one’s weight loss plan (Delp ¶¶ [0066]-[0067], see figure 8).
Regarding claim 9, Gerster discloses all the limitations of claim 8 on which this claims depends.
In the same field of endeavor, Delp discloses in figures 1A-1C a specialized blind weight scale (110) (¶ [0051]) comprising a networking interface (309) operably configured to communicatively couple the weight scale (110) to an electronic computing device (333) through a network (309), the processor operably configured to electronically communicate the unique non-weight identifying electronic symbol (111) to the electronic computing device (333) through the network (¶¶ [0051]-[0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing of the invention to provide a user electronic computing device and a network in Gerster’s system as taught by Delp for the purpose of allowing the data to be shared among health care providers and therapists for the benefit of allowing a supportive team of professionals to guide and advise on one’s weight loss plan (Delp ¶¶ [0066]-[0067], see figure 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2012/0122430 discloses a weigh scale that displays an alphanumeric code that is sent to a user’s cell phone that is then decoded into a weight value.
CN 206019826 discloses a weigh scale that displays a two-dimensional code that can be decoded to reveal a user’s weight.
CN 112019564 discloses a weigh scale that displays a two-dimensional code that can be decoded to reveal a user’s weight.
CN 109238425 discloses a weigh scale that displays a two-dimensional code that can be decoded to reveal a user’s weight.
CN 204177470 discloses a weigh scale that displays a two-dimensional code that can be decoded to reveal a user’s weight.
CN 110517777 discloses a weigh scale that displays a two-dimensional code that can be decoded to reveal a user’s weight.
DE 20 2012 102 486 discloses a weigh scale that displays a two-dimensional code that can be decoded to reveal a user’s weight.
US 2024/0175744 discloses a scale that outputs an emoji rather than a numeric weight so users don’t have to see a weight number on the display.
US 2010/0049471 discloses a scale without a display that sends weight data to other electronic devices so users don’t have to see a weight number on the display.
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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