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 .
Election/Restrictions
Claims 4-6, 9, and 14-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/27/2026. Claims 1-3, 7, 8, and 10-13 are pending for review.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 Line 1 recites “grip training”, it is suggested that Applicant replace the limitation with --grip strength straining-- to maintain consistent claim language. Appropriate correction is required.
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 10 and 12 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.
Claim 10 Line 1-2 recites “wherein the processor selectively receives and executes a sensing instruction”. It is unclear if “selectively” renders the limitation thereafter required since it appears that such limitation is optional. In order to proceed, the Office will interpret the claim such that the limitation thereafter “selectively” is not required.
Claim 12 recites “wherein connecting means between the first coupling portion and the second coupling portion comprises screwing, magnetic attraction, buckling, pivoting and tongue-and-groove structure.”, it is unclear if Applicant intends for all the above to be included or if Applicant intends for one of them. In order to proceed, the Office will interpret the claim such as --wherein connecting means between the first coupling portion and the second coupling portion comprises screwing, magnetic attraction, buckling, pivoting or tongue-and-groove structure.--.
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 use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “connecting means” in claim 12, later recites structures “screwing, magnetic attraction, buckling, pivoting and tongue-and-groove structure. “.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 Rejections - 35 USC § 103
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 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, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohn et al (US 20110065550 A1) in view of Hinds et al (US 20140323271 A1).
Regarding Claim 1, Cohn et al teaches a grip strength training and measuring device comprising: a main body 2-4 configured for at least one finger to abut against and press 6-10 (Refer to Fig. 2); a penetrating portion penetrating through the main body 2 to define an accommodating space within the main body 2-4 (Refer to Fig. 9 to depict the penetrating portion is a hollow space within the main body 2);
PNG
media_image1.png
537
340
media_image1.png
Greyscale
a pressure sensor 20,40 detachably configured in the accommodating space, wherein the pressure sensor comprises: a pressure sensing unit 5,20,40 configured to detect a pressure transmitting from the main body 2 to the pressure sensor 40 when the finger presses the main body 3,4 and to output pressure measurement data (Refer to Paragraph [0065]:”According to an embodiment of the present invention, the construction of the device consists of two internal 3/16'' steel brackets 60, 62 that are attached to an aluminum handle core 72 covered with a rubber grip. Both brackets are jointly connected to a strain gauge bar 20 with a sensor 40 attached to measure its deflection when either a push or pull force is applied.”); a processor 30 electrically connected to the pressure sensing unit 31 to detect a pressing time and receive the pressure measurement data (Refer Paragraph [0041] As illustrated in FIG. 3a, the electronic circuit 30 is attached to the strain gauge bar 20, the battery 35, and the speaker 45 (not shown) by electrical leads. The electronic circuit 30 measures the applied force (push or pull) in a dynamic fashion (instantaneously).The electronic circuit comprises a custom made printed circuit board with internal memory. In another embodiment, the electronic circuit 30 may incorporate data storage to allow a user to store workout results. The processor and memory disposed on the electronic circuit 30 calculates and stores the force applied to the grips, as received by the strain gauge bar 20 with sensor 40 sending the force signal to the electronic circuit 30. The memory of the circuit further stores the necessary processing instructions for the processor..”..… [0042] The sensor 40 measures the simultaneous force applied from both grips as multiple inputs. It will measure the peak force to test the strength of the user. A timer 36 as shown on the right side allows the user to set the time from six to twenty seconds to hold a contraction, and when force is applied, the timer will count down on screen according to an embodiment of the present invention…. The processor of the circuit 30 calculates and generates the force information to be visually displayed”). Cohn et al teaches the processor providing a feedback (Refer to Paragraph [0042]:” According to another object of the present invention, there is provided an isometric electronic exercise device that provides a visual display and audio feedback to the user.”) but fails to teach a feedback device electrically connected to the processor to generate a first feedback, under a control of the processor, when the pressure measurement data does not reach a predetermined value, and to generate a second feedback, under the control of the processor, when the pressure measurement data reaches the predetermined value, wherein the second feedback differs from the first feedback. Hinds et al teaches an exercise sensor system which measures force data and hold-time and a feedback device electrically connected to the processor to generate a first feedback, under a control of the processor, when the pressure measurement data does not reach a predetermined value, and to generate a second feedback, under the control of the processor, when the pressure measurement data reaches the predetermined value, wherein the second feedback differs from the first feedback (Refer to Paragraph [0023] Where audiovisual feedback of force measurements (or other information) is provided, it can be supplied by, for example, the aforementioned speaker 162 of FIG. 3, LEDs or other sources of light, and/or LCD displays, as well as (or instead of) by a client device. Most preferably, the processor (CPU) of FIG. 4 is configured such that it can provide output via one or more output devices (such as the speaker 162 outputting sounds and/or voices, light sources, vibrators, etc.) in circumstances where no client device is available via wireless or wired communications and the sensor body 100 is made usable by itself as a standalone device. In this case, various audio messages can be associated with different information or events, with (for example) a first sound indicating that the measured force has met or exceeded a target force level, or a maximum force limit; a second sound signalling the time for which a pose or a motion should be sustained ("hold time"); a third sound if the measured force falls below the relaxation force for a given repetition; a fourth sound indicating the completion of an exercise, or the completion of an entire workout routine, or the attainment of a workout milestone (for example, total calories burned, total work done, etc.); and so forth. Audio cues in user-selected languages (as well as visual and/or tactile cues using various output devices) can provide instructions on (for example) how to perform various exercises, to move in various directions, or to use different muscles. Sound can also be used to provide rhythmic output, like that of a metronome, to assist with user timing of actions. Usefully, audio feedback permits a user to obtain feedback without needing to face and view a display..”). Hinds et al in analogous with Applicants invention in that they both teach exercise devices comprising sensors and a processor for processing exercise data and therefore it would have been obvious to modify the device of Cohn et al to be in view of Hinds et al such that there is a feedback devices generates a first feedback, under a control of the processor, when the pressure measurement data does not reach a predetermined value, and to generate a second feedback, under the control of the processor, when the pressure measurement data reaches the predetermined value, wherein the second feedback differs from the first feedback, to alert a user during exercising without having the user distracted from the exercise to look on the display as taught by Hinds et al and therefore does not patentably distinguish the invention over prior arts.
Regarding Claim 2, Cohn et al in view of Hinds continues to teach wherein the main body is made from latex, silicone, or rubber (Refer to Paragraph [0047]:”The grips 3, 4 are custom designed using natural rubber to serve a number of purposes”.. The Office takes the position that the grips are part of the housing).
Regarding Claim 11, Cohn et al in view of Hinds continues to teach wherein the grip strength training and measuring device further comprises: a first coupling portion 61 arranged on the main body and contacting the accommodating space; and a second coupling portion arranged on the pressure sensor 20,40, wherein the first coupling portion is correspondingly disposed with the second coupling portion and selectively connects to the first coupling portion (Refer to 6 and annotated Fig. 11a and below to depict that the first coupling portion 61 in attached to the main body 2-4 within the accommodating space and Paragraphj [0045]).
PNG
media_image2.png
576
734
media_image2.png
Greyscale
Regarding Claim 12, Cohn et al in view of Hinds continues to teach wherein connecting means between the first coupling portion and the second coupling portion comprises screwing 24, magnetic attraction, buckling, pivoting and tongue-and-groove structure (Refer to Fig. 6 Paragraph [0045]:” As discussed above, the device comprises a frame assembly 80 internal to the device housing 2 as illustrated in the exploded assembly view of FIG. 6. The frame assembly 80 comprises left bracket 60 and right bracket 62, connected to the strain gauge bar 20 via screws 24.”).
Claim(s) 1, 3, 7, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WANG et al (CN 112155578 A) in view of Hinds et al (US 20140323271 A1).
Regarding Claim 1, Wang teaches a grip strength training and measuring device comprising: a main body 2 configured for at least one finger to abut against and press 6-10 (Refer to Fig. 2); a penetrating portion penetrating through the main body 2 to define an accommodating space within the main body 2 (Refer to Fig. 1 to depict the penetrating portion is a hollow space within the main body 2); a pressure sensor 3,4 detachably configured in the accommodating space, wherein the pressure sensor comprises: a pressure sensing unit 31 configured to detect a pressure transmitting from the main body 4 to the pressure sensor 3,4 when the finger presses the main body 4, and to output pressure measurement data; a processor 32 electrically connected to the pressure sensing unit 31 to receive the pressure measurement data (Refer to English Translation:” The finger force force measuring device of the invention in the using process, respectively the thumb, forefinger, middle finger, ring finger, tail finger are respectively placed on the corresponding thumb placing groove 6, forefinger placing groove 7, middle finger placing groove 8, ring finger placing groove 9; tail finger placing groove 10; after placing, the user presses the shell component for multiple times by the maximum force, namely the silica gel ball; the pressure sensor 31 collects the pressure signal of each finger, and sends the pressure signal to the microprocessor 32; the microprocessor 32 for analyzing the pressure signal so as to obtain the finger force measuring data of each finger, and the force measuring data result to the display 33, convenient for the user to view and confirm, so as to obtain more accurate data.”). Wang fails to teach the pressure sensing unit 31 configured to detect a pressing time, and a feedback device electrically connected to the processor to generate a first feedback, under a control of the processor, when the pressure measurement data does not reach a predetermined value, and to generate a second feedback, under the control of the processor, when the pressure measurement data reaches the predetermined value, wherein the second feedback differs from the first feedback. Hinds et al teaches an exercise sensor system which measures force data and hold-time and a feedback device electrically connected to the processor to generate a first feedback, under a control of the processor, when the pressure measurement data does not reach a predetermined value, and to generate a second feedback, under the control of the processor, when the pressure measurement data reaches the predetermined value, wherein the second feedback differs from the first feedback (Refer to Paragraph [0023] Where audiovisual feedback of force measurements (or other information) is provided, it can be supplied by, for example, the aforementioned speaker 162 of FIG. 3, LEDs or other sources of light, and/or LCD displays, as well as (or instead of) by a client device. Most preferably, the processor (CPU) of FIG. 4 is configured such that it can provide output via one or more output devices (such as the speaker 162 outputting sounds and/or voices, light sources, vibrators, etc.) in circumstances where no client device is available via wireless or wired communications and the sensor body 100 is made usable by itself as a standalone device. In this case, various audio messages can be associated with different information or events, with (for example) a first sound indicating that the measured force has met or exceeded a target force level, or a maximum force limit; a second sound signalling the time for which a pose or a motion should be sustained ("hold time"); a third sound if the measured force falls below the relaxation force for a given repetition; a fourth sound indicating the completion of an exercise, or the completion of an entire workout routine, or the attainment of a workout milestone (for example, total calories burned, total work done, etc.); and so forth. Audio cues in user-selected languages (as well as visual and/or tactile cues using various output devices) can provide instructions on (for example) how to perform various exercises, to move in various directions, or to use different muscles. Sound can also be used to provide rhythmic output, like that of a metronome, to assist with user timing of actions. Usefully, audio feedback permits a user to obtain feedback without needing to face and view a display..”). Hinds et al in analogous with Applicants invention in that they both teach exercise devices comprising sensors and a processor for processing exercise data and therefore it would have been obvious to modify the device of Wang to be in view of Hinds et al such that there is a feedback devices to electrically connect to the processor to generate a first feedback, under a control of the processor, when the pressure measurement data does not reach a predetermined value, and to generate a second feedback, under the control of the processor, when the pressure measurement data reaches the predetermined value, wherein the second feedback differs from the first feedback, to alert a user during exercising without having the user distracted from the exercise to look on the display as taught by Hinds et al and therefore does not patentably distinguish the invention over prior arts.
Regarding Claim 3, Wang in view of Hinds et al teaches wherein the penetrating portion passes through a center of gravity of the main body (Refer to Fig. 1).
PNG
media_image3.png
450
582
media_image3.png
Greyscale
Regarding Claim 7, Wang in view of Hinds et al continues to teach wherein the grip strength training and measuring device further comprises: a display panel configured on one side of the pressure sensor and connected to the pressure sensing unit to receive the pressure measurement data and display values of the pressure measurement data (Refer to English Translation:” the force measuring component 3 further comprises a display 33, the display 33 is in communication connection with the microprocessor 32. the display 33 for displaying the finger force of each finger size, convenient for observation and later analysis of the finger force. the display 33 can be installed on the outer side of the shell component, the display 33 can be but not limited to the microprocessor 32 connected by wired way.”).
Regarding Claim 10, Wang in view of Hinds continues to teach wherein the processor selectively receives and executes a sensing instruction, and the sensing instruction comprising: receiving the pressure measurement data from the pressure sensor; determining whether the pressure measurement data is greater than a pressure threshold value, if yes, proceeding to next step, if no, sending a reminder and recording number of reminders sent, then re-entering the determining step after a first delay time, wherein, if the number of reminders sent is greater than a default number, sending a replacement instruction reminding the resistance adjusting pad need to be replaced or removed, and re-entering the determining step after a second delay time; measuring pressing time of the pressure sensor, emitting a notice when the pressing time is greater than a preset time, calculating an effective pressing count based on the number of the notice sent, if the number of the effective pressing count is less than a preset threshold value, returning the determining step, if the number of the effective pressing count is greater than or equal to the preset threshold, terminating the process and sending a detection report based on the pressure measurement data (The Office takes the position that the limitation of “selectively” renders the limitation thereafter to be optional and/or requires on the processor be capable of performing the intended use thereafter and since there is nothing limiting the processor of Wang to be capable of performing the intended use).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over WANG et al (CN 112155578 A) in view of Hinds et al (US 20140323271 A1), as noted above further in view of Silagy et al (US 20150190675 A1).
Regarding Claim 8, Wang in view of Hinds et al continues to teach wherein the grip strength training and measurement device further comprises: at least one abutting portion 6-10 configured on the main body 2 for the at least one finger to place correspondingly and a feedback vibrator (as modified by Hinds et al) and pressure sensors 31 arranged on the main body corresponding to the abutting portions 6-10 (Refer to Wang Fig. 9 English Translation:” As shown in FIG. 9, the force measuring component 3 can be installed on the surface of the shell component, when the force measuring component 3 is installed on the surface of the shell component, then the supporting component 4 is not equipped with a supporting column and a force measuring component 3, the supporting component 4 can be ellipsoidal, and set in the inner part of the shell component. .”…” the force measuring component 3 in the pressure sensor 31 can be a micro-force sensor.”..The Office takes the position that in this embodiment the sensors are located on the main body 2) but fails to teach at least one vibrator arranged on the main body and correspondingly positioned with the at least one abutting portion to selectively contact the at least one finger and to transmit vibrations to the at least one finger; and a perception training unit configured in the pressure sensor and electrically connected to the pressure sensing unit to selectively control the vibrator to vibrate, causing the at least one finger to transit from a pressing state to a relaxed state, or to transit from the relaxed state to the pressing state, to process pressure sensing information obtained by the pressure sensing unit, and to output a perception training result. Silagy et al teaches a finger exercise device comprising abutting portions 14 to selectively contact the at least one finger and to transmit vibrations to the at least one finger; and a perception training unit 22 electrically connected to the pressure sensing unit to selectively control the vibrator to vibrate, causing the at least one finger to transit from a pressing state to a relaxed state, or to transit from the relaxed state to the pressing state, to process pressure sensing information obtained by the pressure sensing unit, and to output a perception training result (Refer to Silagy et al Figs. 1&6 Paragraph [0058]:”Tactile feedback may additionally or alternatively be employed to confirm that full depression of the plunger assembly 25 has been achieved, and/or may be used to provide massage therapy to the fingertip before, during, and following an exercise routine. In some embodiments, intensity of the tactile vibration may be modulated in response to speed and/or position of the plunger assembly 25.”.. [0059] In embodiments, controller 13 includes a data communication interface 29, such as a Bluetooth.RTM. interface, operably associated with the processor to facilitate communication with another device, such as a mobile device, smart phone, tablet computer, and so forth. Data communication interface 29 may communicate using wired, wireless, and/or optical techniques. In embodiments, controller 13 includes one or more spatial/positional sensors 28 operably associated with the processor, such as, without limitation, a silicon accelerometer, a silicon gyroscope, and/or a silicon compass.”). Silagy et al is from the same field of endeavor as Applicants invention and therefore it would have been obvious to modify the device of Wang in view of Hinds et al to further be in view of Silagy et al such that there are at least one vibrator 22 and a perception training unit 22 electrically connected to the pressure sensing unit to selectively control the vibrator to vibrate, causing the at least one finger to transit from a pressing state to a relaxed state, or to transit from the relaxed state to the pressing state, to process pressure sensing information obtained by the pressure sensing unit, and to output a perception training result, to provide tactile feedback to the user during use and therefore does not patentably distinguish the invention over prior arts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached list of references cited for prior arts pertinent to claimed and unclaimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NYCA T NGUYEN whose telephone number is (571)272-7168. The examiner can normally be reached Mon-Fri 9:00-5:00.
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, Loan Jimenez can be reached at 571-272-4966. 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.
/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784
Prosecution Insights