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 are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
First locking structure 70
First clamping groove 71
First hook 72
Second hook 73
See [0045] of the Specification dated 7/04/2024 for the disclosed description of these reference characters.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-2 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashida et al (US 2009/0247897) (“Ashida”) in view of Tanida (US 2005/0250359) and further in view of Kaufman (US 4,321,752).
Regarding Claim 1, while Ashida teaches a handle (Abstract) comprises
a fixed base (10), a first telescopic base (20) slidably disposed on one side of the fixed base (10), and a second telescopic base (30) slidably disposed on the other side of the fixed base (10), and the first telescopic base (20) and the second telescopic base (30) can extend or retract along a length direction of the fixed base (10), to change a length of the handle (Figs. 3-5, [0055], [0059] a fixed base 10 / central part casing 113, a first telescopic base / left casing 112 that is slidably disposed on one side of the fixed base, a second non-telescopic base / right casing 111 that is disposed fixed on the other side of the fixed base, and the first telescopic base / left casing 112 can extend or retract along a length direction of the fixed base 10, to change a length of the handle);
the fixed base (10) comprises a first base body (11) and a second base body (12) (Figs. 3-5, the fixed based / central part casing 113 comprises a first base half / the top half and a second base half / the bottom half as shown in Figure below, where the halves can be considered joined bodies that make up the first base body);
the first telescopic base (20) comprises a first left housing (21) and a second left housing (22) (Figs. 3-5, the first telescopic base / left casing 112 includes a bottom of hand grip 102 in Fig. 4 without electrodes that corresponds to a first left housing and a top of hand grip 102 with electrodes that corresponds to a second left housing), the first left housing (21) maintains contact with one side of the first base body (11) through a first sliding structure (41), and the second left housing (22) maintains contact with one side of the second base body (12) through a second sliding structure (42) (Figs. 3-5, [0059] stopper 112b at first left housing and a second left housing maintains contact with the first base body and second base body of fixed base / central part casing 113 while allowing a sliding movement relationship) so that the first left housing (21) and the second left housing (22) can extend or retract along the length direction of the fixed base (10);
the second non-telescopic base (30) comprises a first right housing (31) and a second right housing (32) (Figs. 3-5, the second non-telescopic base / right casing 111 includes a bottom of hand grip 101 in Fig. 4 without electrodes that corresponds to a first right housing and a top of hand grip 101 with electrodes that corresponds to a second right housing), the first right housing (31) maintains contact with the other side of the first base body (11) through a third structure, and the second right housing (32) maintains contact with the other side of the second base body (12) through a fourth structure (44) and is connected to the first right housing (31) (Figs. 3-5, [0053] dial 124 at first right housing and a second right housing maintains contact with the other side of first base body and second base body of central part casing / central part casing 113 while allowing a sliding movement relationship),
a first electrode sheet (61) is disposed on the first left housing (21), a third electrode sheet (63) is disposed on the first right housing (31), (Figs. 3-5, [0052] electrodes 132, 134 disposed on a top of hand grip 102 with electrodes that corresponds to a second left housing and electrodes 131, 133 disposed on a top of hand grip 101 with electrodes that corresponds to a second left housing);
And Ashida further teaches that a value of body weight is needed to enable the identification of body composition ([0074], [0077]),
Ashida fails to teach
a body fat scale, comprising a scale body and the handle electrically connected to the scale body,
wherein the handle comprises a second telescopic base (30) slidably disposed on the other side of the fixed base (10), and the first telescopic base (20) and the second telescopic base (30) can extend or retract along a length direction of the fixed base (10), to change a length of the handle;
the first left housing (21) is connected to one side of the first base body (11) through a first sliding structure (41), and the second left housing (22) is connected to one side of the second base body (12) through a second sliding structure (42),
the second left housing (22) is connected to the first left housing (21) through a first detachable structure,
the first right housing (31) is connected to the other side of the first base body (11) through a third sliding structure (43), and the second right housing (32) is connected to the other side of the second base body (12) through a fourth sliding structure (44),
the second right housing (32) is connected to the first right housing (31) through a second detachable structure,
a second electrode sheet (62) is disposed on the second left housing (22), and a fourth electrode sheet (64) is disposed on the second right housing (32).
However Tanida teaches a body composition monitor (Abstract) comprising a body fat scale, comprising a scale body and handles electrically connected to the scale body (Fig. 1, [0041] scale body / main unit 11 and a handle / hand grips 12 electrically connected to the scale body by cords 13, [0042] scale body / main unit 11 measures body weight, Abstract, where the handle includes electrodes for measuring impedance of a subject to identify body composition),
wherein the handles both comprise a fixed base and a telescopic bases, slidably disposed against each other, and a first telescopic base of a first handle and a second telescopic base of a second handle can extend or retract along a direction, to change a length of the handle (Fig. 6, [0055] handle / hand grips 12 comprise a fixed base / contact member 30 and a telescopic base / grip body 14, slidably disposed against each other, so the handle can extend or retract along a direction, [0056] to optimize the handle for the subject);
the first telescopic base (20) comprises a first left housing (21) and a second left housing (22), the first left housing (21) is connected to one side of the first base body (11) through a first sliding structure (41), and the second left housing (22) is connected to one side of the second base body (12) through a second sliding structure (42) (Fig. 6, [0055]-[0056] telescopic base / grip body 14 comprises a first left housing / fixed portion 31 at the top of the Figure and a second left housing / fixed portion 31 at the bottom of the Figure, the first left housing / top fixed portion 31 is connected to one side of the first base body / contact portion 32 at the top of the Figure through a first sliding structure / sliding mechanism portion 33, and the second left housing / bottom fixed portion 31 is connected to one side of the second base body / contact member 32 at the bottom of the Figure through a second sliding structure / sliding mechanism portion 33),
the second telescopic base (30) comprises a first right housing (31) and a second right housing (32), the first right housing (31) is connected to the other side of the first base body (11) through a third sliding structure (43), and the second right housing (32) is connected to the other side of the second base body (12) through a fourth sliding structure (44) (Fig. 6, [0041], [0045] the teachings applied to the left handle / hand grip are applied to the opposite right hand grip as well),
a first electrode sheet (61) is disposed on the first left housing (21), a third electrode sheet (63) is disposed on the first right housing (31), a second electrode sheet (62) is disposed on the second left housing (22), and a fourth electrode sheet (64) is disposed on the second right housing (32) ([0046] electrodes on hand grips are placed on opposite sides of the hand grip relative to one another, [0055] applied to the embodiment of Fig. 6 as well), and
Tanida further teaches that the second left housing (22) is connected to the first left housing (21), (Figs. 2-6, the hand grips 14 comprise a seam dividing the hand grip into two distinct parts, but no description of a connection mechanism is given for this seam)
the second right housing (32) is connected to the first right housing (31) (Figs. 2-6, the hand grips 14 comprise a seam dividing the hand grip into two distinct parts, but no description of a connection mechanism is given for this seam), and components of the system may be connected by detachable construction or unitary construction ([0058]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide a scale connected to an impedance measuring handle as taught by Tanida to the impedance measuring handle of Ashida as a way to provide up to date weight data desired by Tanida ([0074]). Furthermore, it would be obvious that both handles of Ashida can be telescoping as taught by Tanida as Tanida teaches this is a way to enable optimization of handle position for the user’s body type ([0055]-[0056]). Further still, it would be obvious that the housing and the base body portions of Ashida can be connected by a sliding mechanism as taught by Tanida as the sliding relationship of Tanida provides greater control in the sliding action, providing multiple stopping points for optimization of system positioning for a particular user, in contrast with the coupling of Ashida where the sliding is limited between a single closed position and a single open position. Finally, it would be obvious that the right and left housings of Ashida can be divided into parts that are detachable as Tanida teaches that both unitary construction and detachable construction have their advantages. For example, a detachable construction enables diagnostic check of malfunctioning hardware in the hand grip while a unitary construction may be provided at a lower cost (Tanida: [0058]).
Yet their combined efforts fail to teach
the first base body (11) and the second base body (12) enclose to form a sliding cavity (13), and
the first sliding structure (41) comprises:
a first sliding groove (411), formed in the first base body (11);
a first sliding block (412), disposed on the first left housing (21) and extending into the first sliding groove (411); and
a first sliding base (413), disposed in the sliding cavity (13) and connected to the first sliding block (412) through a third detachable structure (50); and
However Kaufman teaches a system for measuring body fat (Abstract) where system components may be connected by a sliding structure comprising
a first sliding groove, formed in a base (Figs. 1-4, Col. 2, L. 47-66, the interior of base 14 acts a sliding groove);
a first sliding block, disposed on a first housing and extending into the first sliding groove (Figs. 1-4, Col. 2, L. 47-66, inner walls of base 14 / first sliding block, disposed on a first housing / base 14 and extend into the first sliding groove / interior of base 14 by way of annular flanges 24, 28); and
a first sliding base, disposed in the sliding cavity and connected to the first sliding block through a detachable structure (Figs. 1-4, Col. 2, L. 67 – Col. 3, L. 11, spring steel lock clip 30 / first sliding base, disposed in the sliding cavity and connected to the first sliding block / annular flanges 24 through a detachable structure by being attached by a screw).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the unnamed sliding mechanism of Tanida utilize the sliding structure of Kaufman as a way to provide a standardized sliding mechanism, ensuring consistency across applications of the inventions. Examiner has provided an exemplary diagram below, showing how the sliding structure of Kaufman could be the incorporated slide mechanism of Tanida applied to Ashida by having the end of the shaft 12 connect to the telescopic base to further control movement of the handle.
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Ashida can maintain the engaging of plate spring 149 ([0070]) as a way to shift between a closed position and an open, display-visible position. Then, when combining the teachings from Tanida and Kaufman, one of ordinary skill in the art will also recognize that the additional sliding enables further optimization for a patient’s body type as taught in Tanida. Finally, a ball can be applied in the combined system through an exposed groove to continue enabling the modulation of the sliding extent.
Regarding Claim 2, Ashida, Tanida, and Kaufman teach the body fat scale according to claim 1, wherein a control plate is disposed in the sliding cavity (13), and the control plate is electrically connected to the first electrode sheet (61), the second electrode sheet (62), the third electrode sheet (63), and the fourth electrode sheet (64) (See Claim 1 Rejection, Ashida: Figs. 3-5, [0057] circuit board 140 / control plate is disposed in the interior of central part casing 113).
Regarding Claim 4, Ashida, Tanida, and Kaufman teach the body fat scale according to claim 1, and Ashida further teaches wherein the first telescopic base (20) is connected to one side of the fixed base (10) through a first locking structure (70), so that the first telescopic base (20) can be kept in an extended state and a retracted state (Figs. 6a-7b, [0067]-[0070] telescopic base is connected to fixed base through a locking structure / plate spring 149).
Regarding Claim 5, while Ashida, Tanida, and Kaufman teach the body fat scale according to claim 4, wherein the first locking structure (70) comprises a first hook formed in the first telescopic base and a first clamping groove and a second clamping groove that are disposed on one side of the fixed base at intervals, and the first clamping groove can be clamped by the first hook when the first telescopic base is in the extended state, or the second clamping groove can be clamped by the first hook when the first telescopic base is in the retracted state (Figs. 3-7B, first hook 149, a first clamping groove 112b formed in the telescopic base 102 where the first clamping groove can be clamped by the first hook when the first telescopic base is in the extended state as shown in Fig. 3, or the second clamping groove can be clamped by the first hook when the first telescopic base is in the retracted state as shown in Fig. 5), their combined efforts fail to teach wherein the first locking structure (70) comprises a first clamping groove (71) formed in the first telescopic base (20) and a first hook (72) and a second hook (73) that are disposed on one side of the fixed base (10) at intervals, and the first hook (72) can be clamped into the first clamping groove (71) when the first telescopic base (20) is in the extended state, or the second hook (73) can be clamped into the first clamping groove (71) when the first telescopic base (20) is in the retracted state.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the above teaching of Ashida has an inverse hook and groove relationship as the claim language. As the only difference is in the positioning side of the male-female connecting components, Examiner considers this an obvious reversal of parts [In reGazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.)].
Claim(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashida in view of Tanida and further in view of Kaufman and further in view of Hatakeyama (US 2014/0058215).
Regarding Claim 3, while Ashida, Tanida, and Kaufman teach the body fat scale according to claim 1, wherein the third detachable structure (50) comprises a screw, a threaded hole (51) formed in the first sliding block (412), and a through hole (52) formed in the first sliding base (413), and the bolt is in threaded connection with the threaded hole (51) after passing through the through hole (52) (See Claim 1 Rejection, the screw 40 connects first sliding block / clip 30 and inner walls of base 14 by a threaded connection through corresponding through holes), their combined efforts fail to teach the screw is a bolt.
However Hatakeyama teaches a system for body composition monitoring (Abstract) where a connection between parts of the system may be accomplished by either a bolt or screw ([0044]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the screw of Kaufman with a bolt as taught by Hatakeyama as a simple substitution of one connecting mechanism for another to obtain predictable result of reliable connection between parts.
Regarding Claim 6, while Ashida, Tanida, and Kaufman teach the body fat scale according to claim 1, wherein the first detachable structure and/or the second detachable structure are/is set as screw connecting structures/a screw connecting structure (See Claim 1 Rejection), their combined efforts fail to teach the screw connecting structure being bolt connecting structures..
However Hatakeyama teaches a system for body composition monitoring (Abstract) where a connection between parts of the system may be accomplished by either a bolt or screw ([0044]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the screw of Tanida with a bolt as taught by Hatakeyama as a simple substitution of one connecting mechanism for another to obtain predictable result of reliable connection between parts.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashida in view of Tanida and further in view of Kaufman and further in view of Furue et al (US 2008/0200793) (“Furue”).
Regarding Claim 7, while Ashida, Tanida, and Kaufman teach the body fat scale according to claim 1, wherein the first detachable structure and/or the second detachable structure are/is set as clamping structures/a clamping structure.
However Furue teaches a system for body composition monitoring (Abstract) where a connection between parts of the system may be accomplished by either a clamp or screw ([0096].
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the screw of Kaufman with a clamp as taught by Furue as a simple substitution of one connecting mechanism for another to obtain predictable result of reliable connection between parts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIRO H PORTILLO whose telephone number is (571)272-1073. The examiner can normally be reached M-F 9:00 am - 5:15 pm.
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/JAIRO H. PORTILLO/
Examiner
Art Unit 3791
/PUYA AGAHI/Primary Examiner, Art Unit 3791
Prosecution Insights