Prosecution Insights
Last updated: October 02, 2026
Application No. 18/876,950

MANUAL MUSCLE STRENGTH TESTING DEVICE

Non-Final OA §103
Filed
Dec 19, 2024
Priority
Jun 22, 2022 — JP 2022-100641 +1 more
Examiner
XU, JUSTIN
Art Unit
Tech Center
Assignee
Yamaguchi University
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
1y 11m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
139 granted / 231 resolved
At TC average
Strong +37% interview lift
Without
With
+36.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
48 currently pending
Career history
274
Total Applications
across all art units

Statute-Specific Performance

§101
14.1%
-25.9% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 231 resolved cases

Office Action

§103
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 1 is objected to because of the following informalities: “wherein the load applying portion is either” should instead read as “wherein the load applying portion is one of the following:” since the word “either” is used to present two options, whereas the claim presents six variations of an elastic body. Appropriate correction is required. 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 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over: Kaffes et al. (US 20120059281 A1) (disclosed by Applicant) in view of Umeda et al. (JP 2016083004 A) (disclosed by Applicant) (hereinafter – Umeda) (citing SEARCH translation). Re. Claim 1: Kaffes teaches a manual muscle strength testing device (Title; Abstract) comprising: an other-finger fixation portion capable of fixing a middle finger, a ring finger, and a little finger of a subject (Fig. 1: base 15, holes 20, and restraint element 25 Paragraph 0023: “An adjustable restraint suitable for use in the present disclosure may include any structure that is capable of immobilizing a subject's hand except for that portion of the hand being tested (e.g., one or more fingers or thumb);“ Paragraph 0032: “An adjustable restraint 10 is shown comprising a base 15, holes 20 and adjustable restraint elements 25, which are used to restrain at least a portion of the subject's hand from motion during the progression of the strength test. During testing, a subject's hand is positioned onto base 15 and one or more adjustable restraint elements 25 are at least partially inserted into one or more holes 20 so as to isolate extraneous hand movement”). Kaffes does not teach an inertial sensor wearable on a fingertip of an index finger of the subject, being capable of measuring movement of the fingertip and recording or transmitting movement measurement data. Umeda teaches analogous art in the technology of monitoring finger movement (Abstract). Umeda further teaches an inertial sensor wearable on a fingertip of an index finger of the subject, being capable of measuring movement of the fingertip and recording or transmitting movement measurement data (Figs. 1-4: motion detection device 1 comprising triaxial acceleration sensor 7). It would have been obvious to one having skill in the art before the effective filing date to have modified Kaffes to include the use of motion detection device of Umeda, the motivation being that doing so provides more granular information regarding finger movement, such as directional acceleration and load from contacting surfaces. Kaffes as modified by Umeda further teaches the invention comprising: a load applying portion that applies a load to the fingertip wearing the inertial sensor (Fig. 1: force transfer member 40 in combination with elements of force sensor 30), wherein the load applying portion is either an elastic body that is fixed to a ventral side of the fingertip and contracts with a force in a direction the fingertip moves to the ventral side (Fig. 2: force sensor 35 comprises load cell which includes elastic elements as per Paragraph 0027; Paragraph 0036: “The force transducer enclosure (FTE) is a self-contained module… The interface between the FTE and the pegboard base is composed of a custom sleeve that allows for free rotation and height adjustment about the vertical axis via an adjustable lock collar;” thus, the device of Kaffes teaches an elastic body capable of being fixed to a variety of positions, including to a ventral side of the fingertip via load transfer member 40 and contracting against a direction of force applied in the use case that the load cell is oriented parallel to the direction of force), an elastic body that is fixed to a nail side of the fingertip and extends with a force in a direction the fingertip moves away from the nail side, an elastic body that is fixed to a thumb side of the fingertip and contracts with a force in a direction the fingertip moves to the thumb side (see Paragraph 0040: test configuration wherein orientation of the load cell was adjusted to be perpendicular to the force being measured), an elastic body that is fixed to an other-finger fixation portion side of the fingertip and extends with a force in a direction the fingertip moves away from the other-finger fixation portion, an elastic body that is fixed to the nail side of the fingertip and contracts with a force in a direction the fingertip moves to the nail side, or an elastic body that is fixed to the ventral side of the fingertip and extends with a force in a direction the fingertip moves away from the ventral side. Re. Claim 2: Kaffes as modified by Kaffes teaches the invention according to claim 1. Umeda, in teaching further detail regarding the modification, further teaches the invention comprising a pressure sensor wearable on the fingertip (Figs. 1-4: pressure sensor 8), being capable of measuring magnitude of a load applied to either the ventral side, the thumb side, or the nail side of the fingertip (see incorporation in Kaffes) and recording or transmitting load measurement data (Abstract: transmission of measurement data), wherein the inertial sensor and the pressure sensor are fixed to a ring wearable on the fingertip (Fig. 2: device is an open-ended ring, akin to Applicant’s Fig. 3(a)), the pressure sensor is fixed to all of or any one of the ventral side, the thumb side, and the nail side of the fingertip at an outside circular portion of the ring, and the load applying portion applies a load to the pressure sensor fixed to either the ventral side, the thumb side, or the nail side of the fingertip (see incorporation in Kaffes). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN XU whose telephone number is (571)272-6617. The examiner can normally be reached Mon-Fri 7:30-5:00. 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, Alexander Valvis can be reached at (571) 272-4233. 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. /JUSTIN XU/Primary Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Dec 19, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
97%
With Interview (+36.7%)
3y 8m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 231 resolved cases by this examiner. Grant probability derived from career allowance rate.

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