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 .
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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first biasing means which biases the sensor part in such a way as to separate a leading end part of the sensor part form the slider part,” in claim 1, which corresponds to “a first helical spring” (see para [0022] of Applicant’s specification as originally filed); and “a second biasing means which biases the slider part in such a way as to separate the guide surface from the case,” in claim 1, which corresponds to “a second helical spring” (see para [0022] of Applicant’s specification as originally filed).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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(s) 1-16 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.
For claim 1, the claim language “the skin condition measurement device is configured such that along with being pressed of the guide surface by the skin of the subject, initially, only the guide surface moves toward the case and subsequently, the guide surface and the leading end part of the sensor part move toward the case” is grammatically unclear. What is meant by “such that along being pressed of by the guide surface”? Is the scope of this claim language that the skin of the subject presses against the guide surface to initially move the guide surface towards the case and subsequently move the guide surface and the leading end part towards the case? The claim is examined as “the skin condition measurement device is configured to initially only move the guide surface toward the case and subsequently move the guide surface and the leading end part toward the case when the skin of the subject is pressed against the guide surface.”
For claim 2, the claim language “wherein the skin condition measurement device is configured such that along with being pressed of the guide surface by the skin of the subject, after the guide surface and the leading end part of the sensor have moved toward the case, further, only the leading end part of the sensor part moves toward the case” is grammatically unclear. What is meant by “such that along being pressed of by the guide surface”? Is the scope of this claim language that the skin of the subject presses against the guide surface to move only the leading end part of the sensor part toward the case after both the guide surface and the leading end part of the sensor have moved toward the case? The claim is examined as “the skin condition measurement device is further configured to only move the leading end part of the sensor part toward the case after the guide surface and the leading end part of the sensor have moved toward the case.”
For claim 3, the claim language “wherein the skin condition measurement device is configured such that along with being pressed of the guide surface by the skin of the subject, after movement in which the guide surface and the leading end part of the sensor part move toward the case, a pressing force per unit area which is exerted on the leading end part of the sensor part is same as or larger than a pressing force per unit area which is exerted on the guide surface” is grammatically unclear. What is meant by “such that along being pressed of by the guide surface”? Is the scope of this claim language that the movement of the guide surface and the lead end part of the sensor part toward the case occur when a pressure force per unit area which is exerted on the leading end part of the sensor part is same as or larger than a pressing force per unit area which is exerted on the guide surface? The claim is examined as “the skin condition measurement device is configured move the guide surface and the leading end part of the sensor part toward the case when the skin of the subject is pressed against the guide surface with a greater than or equal to pressing force per unit area on the leading end part of the sensor part than a pressing force per unit area on the guide surface.”
Dependent claim(s) 2-16 fail to cure the ambiguity of independent claim 1, thus claim(s) 1-16 is/are rejected under 35 U.S.C. 112(b).
Allowable Subject Matter
Claim(s) 1-16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
U.S. Patent Application Publication No. 2008/0033315 to Kim et al. (hereinafter “Kim”) discloses a skin condition measurement device (Abstract) comprising: a case (unlabeled, but as can be seen in Fig. 6); a base part (631) (Fig. 6) (para [0056]) being fixed inside the case (as can be seen in Fig. 6); a slider part (611) (Fig. 6) (para [0056]) being slidably supported by the case (see the sliding between the two drawings shown in Fig. 6); a sensor (630) (Fig. 6) (para [0056]) part being slidably supported by the slider part (as can be seen in Fig. 6); a first biasing means (650) (Fig. 6) (para [0056]) which biases the sensor part (as can be seen in Fig. 6); a cover part (610) (Fig. 6) (para [0056]); and a second biasing means (640) (Fig. 6) (para [0056]) which biases the slider part (as can be seen in Fig. 6).
JP 2009-153727 discloses a skin condition measurement device (Abstract) comprising: a case (12); a slider part (34) being slidably supported by the case (via the spring shown in Fig. 3a); a sensor part (37) being slidably supported by the slider part (see Fig. 3a); a first biasing means (unlabeled, but see Fig. 3a); a second biasing means (unlabeled, but see Fig. 3a).
However, none of the prior art of record anticipates nor rendered obvious the ordered combination of elements recited in the claim(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL LEE CERIONI whose telephone number is (313) 446-4818. The examiner can normally be reached M - F 8:00 AM - 5:00 PM PT.
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/DANIEL L CERIONI/Primary Examiner, Art Unit 3791
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