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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 29, 35, 37, 39, 40, 45, 47, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Gryn et al (US # 6,761,683) in view of Salgo (US # 6,180,893) or Cox et al (US # 7,002,084). The Gryn reference discloses a warming therapy device (Col. 1, ll. 7-11), comprising:
a scale platform (10) including a scale platform load cell carrier (312),
a scale platform cover (12), and a plurality of load cells (46, 48, 50, 52) positioned between the scale platform load cell carrier and the scale platform cover (Fig. 13); and,
at least one electrical device (8) that further includes at least one of a physiological sensor, a temperature sensor, a heater (Col 4, ll. 12-18), a tilt position sensor (100), and/or a tilt mechanism (194,196).
It is unclear if the conductor assembly mentioned in the Gryn reference comprises a flexible cable assembly, that is, one that inherently provides the same downward force on the scale platform cover regardless of its angle of tilt, but flexible flat ribbon cables were well-known, and were commonly used in weighing scales, as shown by the example of Salgo (Col. 3, II. 25-35) or Cox (unlabeled flat cables shown in Fig. 3). It would have been obvious to the ordinary practioner to use a known, off-the-shelf cabling system, such as flat, multi-conductor ribbon cable, in the scale of Gryn motivated by their art recognized suitability for their intended purpose. See MPEP § 2144.07.
With respect to claim 30, it has already been discussed, above, that a flat ribbon cable would have been obvious.
With respect to claims 35, 37, 40, 45, 47 & 48, this is how ribbon cables are normally constructed1.
With respect to claim 39, the method of use was inherent to the device disclosed.
Claims 31-34, 38, 41, 42 43, and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Gryn et al (US # 6,761,683) in view of Salgo (US # 6,180,893) or Cox et al (US # 7,002,084) as applied to claim 28 above, and further in view of Kennedy et al (US # 5,515,515). Regarding the details of the ribbon cable claimed, Kennedy disclose that this was how ribbon cables were normally constructed (Col. 5, ll. 5-31), and it would have been obvious to the ordinary practioner to use a known ribbon cable for the conductor of Gryn motivated by its know suitability for its intended use.
Claims 36 & 46 are rejected under 35 U.S.C. 103 as being unpatentable over Gryn et al (US # 6,761,683) in view of Salgo (US # 6,180,893) or Cox et al (US # 7,002,084) as applied to claims 35 & 45 above, and further in view of Wu (US # 6,824,419). This was an alternative way to construct the terminal end of a ribbon cable as shown by the example of Wu (Figures 1-8), and it would have been obvious to the ordinary practioner to use a known type of ribbon cable for the connector cable of Gyn motivated by its known suitability for its intended use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDY W GIBSON whose telephone number is (571)272-2103. The examiner can normally be reached Tue-Friday 10AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RANDY W. GIBSON
Primary Examiner
Art Unit 2856
/RANDY W GIBSON/Primary Examiner, Art Unit 2855
1 See US # 3,084,302 (Braeutigam) for example.
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