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 .
Election/Restrictions
Applicant’s election without traverse of Species 1 in the Remarks filed on 06/26/2025 is acknowledged. Claim(s) 3-6, 13 & 17 is/are withdrawn/cancelled from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 06/26/2025.
Upon further review, dependent Claim 14 was directed to a clip portion. Figures 1-4 ware reviewed and a clip portion does not appear to be disclosed in Species 1: Figure 1-4 of the Drawings.
Dependent Claim 16 was directed to a vertical sliding attachment portion. Figures 1-4 ware reviewed and a vertical sliding attachment portion does not appear to be disclosed in Species 1: Figure 1-4 of the Drawings.
Thus, Claim(s) 1-2, 7-12, 15 & 18-20 is/are under examination and Claims 14 & 16 were withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “211” has been used to designate both control button and first attachment fixture as shown in Figure 16(b). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 212. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 § 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) 1-2, 7-12, 15 & 18-20 is/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.
Regarding Claim 1, 7 & 19-20
Claim 1 is indefinite for the language “configured to attach” – generally the term “configured” implies a structural or functional requirement upon the other term it modifies. However, here it is unclear whether the “attachment fixture” that is modified to be “configured to attach” requires the presence of the “physical information acquisition device” or if the language “configured to” should be read as equivalent to “capable of attaching”, wherein the acquisition device wouldn’t be required by the claim. Thus, it is unclear how “configured to” modifies the attachment fixture.
The problem compound later in the claim where the following citation of “attachment portion is configured to be attached to an attached portion of the physical information acquisition device” – is not clear whether the physical information acquisition device is part of the claim. Therefore, confusion results as to what the configuration being claimed is encompassing. A similar analysis is applied to Claim 7 with respect to the “transmission portion”.
Further confusion results with the claim limitation direct to “a belt”. While the preamble does claim “a belt”, it does not appear to be a positive limitation. Rather it is read as part of the capability of the physical information acquisition device. It is recognized that the belt Then, in this line, limitations upon “the belt” are made – however, there is no belt structure yet required by the claim. For the purpose of examination, the Examiner is interpreting the claim limitations to not be encompassing the physical information acquisition device and the belt. A similar analysis is applied to Claim 20.
Claim 1 recites, “a portion”. It is not clear what “a portion” is referring to. It is confusing as to what distances are being compared in the claim limitation. The Claim is being interpreted as best understood by the Examiner in view of Figure 2. A similar analysis is applied to Claims 19-20.
Regarding Claim 8
Claim 8 recites a claim limitation with respect to the belt. While the preamble of parent Claim 1 does mention “a belt”, it does not appear to be a positive limitation. Rather it is read as part of the capability of the physical information acquisition device. Then, in this line, limitations upon “the belt” are made – however, there is no belt structure yet required by the claim. Because Claim 1 does not positively claim a belt, this extends to the child Claim 8. There is confusion as to if the belt is intended to be claimed or not. The Examiner is interpreting the Claim 1 and Claim 8 to not require the belt.
Regarding Claim 9
Claim 9 recites, “sliding portion”. There is no disclosed sliding portion in Figures 1-4. However, the Specification does disclose a lateral sliding attachment portion and labels the Element 12A in Figure 2(a). For the purpose of examination, the Examiner is interpreting the sliding portion as the sliding attachment portion. Clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 7-12, 15 & 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schechtman (U.S. Patent 4,473,949 A).
Claim 1: Schechtman teaches –
An attachment fixture [numerical display belt means] (Figure 1, Element 11) configured to attach a physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) that measures physical information of a user [novelty-type belt means having a buckle that displays the size of the person's body] (Col. 1, Line 24-25) by a belt [elongated belt] (Figure 1, Element 13),
capable of attaching a device emitting a measurement wave including a millimeter wave or a microwave from an emission and entrance surface toward the user
Examiner’s Note:
(1) The Examiner is interpreting the claimed attachment fixture to the device as a whole as shown in Figures 1-4 of the Drawings of the Applicant.
(2) Although the rejection discloses how the prior art of Schechtman reads on non-positively claimed elements, such as the physical information acquisition device and the belt, the claim interpretation is that the physical information acquisition device and the belt are not required by the claim limitations. Thus, Schechtman still reads on Claim 1 even though there is no teaching of “emitting a measurement wave including a millimeter or a microwave from an emission and entrance surface”. This is because as described in the 35 USC § 112 rejection above, such elements are NOT required by the claim.
- the attachment fixture comprising:
an attachment fixture body [buckle means] (Figure 1, Element 21);
a mounting portion [second end] (Figure 1, Element 17) [first end] (Figure 1, Element 15) that can be mounted to a waist part of the user [being positioned about a person's waist] (Abstract and Figure 1 & 2); and
Examiner’s Note: The Specification of the Applicant discloses the mounting portion to consist of two parts, Element 15 (sub element 151 & 152) and 14. The Examiner contends that the prior art also teaches a mounting portion consisting of similar parts for mounting the attachment fixture body.
an attachment portion [buckle means] (Figure 1 & 2, Element 21) to which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) can be attached [sensor means preferably includes a roller member 33 mounted on the buckle means 21] (Col. 2, Line 9-10);
wherein the attachment portion [buckle means] (Figure 1 & 2, Element 21) is configured to be attached to an attached portion [bar] (Figure 1 & 2, Element 27) of the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8); and
the attachment portion [buckle means] (Figure 1 & 2, Element 21) is configured such that a distance from a portion (???; see 35 USC § 112 rejection above) mounted to the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) to the mounting portion is longer than a distance from the attached portion [bar] (Figure 1 & 2, Element 27) to the emission and entrance surface in a direction orthogonal to the emission and entrance surface.
Examiner’s Note: The claim limitations directed to the emission and entrance surface are not required by the claim and the position of the Examiner is that the prior art of Schechtman is capable of performing the claim limitations as claimed. Additionally the Examiner contends that the structures of Schehtman and the invention of the Applicant are similar enough that the device of Schehtman is capable of performing the claimed function. See 35 USC § 112 rejection above.
Claim 2/1: Schechtman teaches wherein the mounting portion is provided with an insertion portion [passageway means] (Figure 2, Element 41) through which the belt [belt] (Figure 1, Element 13) is inserted (as shown in Figure 1), and further includes at least one of an adjustment portion [securement means] (Figure 2, Element 23) that adjusts a length of the belt [elongated belt] (Figure 1, Element 13) at a distance from the insertion portion [the securement means 23 may consist merely of a peg-like member 28 for extending into one of a plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 64-68).
Claim 7/2/1: Schechtman teaches wherein the attachment fixture body [buckle means] (Figure 1, Element 21) includes a transmission portion that is capable of transmits the measurement wave (See 35 USC § 112 rejection above) between the insertion portion [passageway means] (Figure 2, Element 41) and the adjustment portion [securement means] (Figure 2, Element 23).
Claim 8/2/1: Schechtman teaches wherein the adjustment portion [securement means] (Figure 2, Element 23) is provided with a hole insertion portion that penetrates the belt [peg-like member 28 for extending into one of a plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 64-68).
Claim 9/1: Schechtman teaches wherein the attachment portion [buckle means] (Figure 1 & 2, Element 21) is provided with a sliding portion [second end] (Figure 1, Element 17) [first end] that slides with the attached portion [bar] (Figure 1 & 2, Element 27).
Examiner’s Note: Based on Figure 2, it is understood that the belt can slide around and has some sliding movement.
Claim 10/1: Schechtman teaches wherein the attachment fixture body [buckle means] (Figure 1, Element 21) is a frame shape (Figure 1, Element 39) that leaves a central portion (Figure 1, Element 37).
Examiner’s Note: The Examiner is not referring to the liquid crystal displays but rather the frame itself without the liquid crystal displays in the frame.
Claim 11/1: Schechtman teaches wherein the attachment portion [buckle means] (Figure 1 & 2, Element 21) includes a protrusion portion [peg-like member] (Figure 2, Element 28) that protrudes (as shown in Figure 2) from the attachment fixture body [buckle means] (Figure 1, Element 21).
Examiner’s Note: Since Claim 8, 11-12 & 15 are not dependent on each other. The Examiner can interpret the hole insertion portion, the protrusion portion and the holding portion similarly.
Claim 12/1: Schechtman teaches wherein the attachment portion [buckle means] (Figure 1 & 2, Element 21) includes a holding portion [peg-like member] (Figure 2, Element 28) that holds an attachment state [peg-like member 28 for extending into one of a plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 64-68) in which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) is attached (as shown in Figure 2).
Examiner’s Note: The attachment state is not necessarily the attachment state of the physical information acquisition device but can be interpreted as the attachment state of the belt.
Claim 15/1: Schechtman teaches wherein the attachment portion [buckle means] (Figure 1 & 2, Element 21) is provided with a lateral sliding attachment portion [peg-like member] (Figure 2, Element 28) to which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) is attached by sliding in a horizontal direction [peg-like member 28 for extending into one of a plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 64-68).
Examiner’s Note: The belt slides through and attaches the physical information acquisition device with a lateral sliding action to attach to the lateral sliding attachment portion.
Claim 18/1: Schechtman teaches a waist belt [elongated belt] (Figure 1, Element 13) comprising having the attachment fixture [buckle means] (Figure 1, Element 21) according to claim 1 (See rejection of Claim 1 above).
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) 19 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schechtman (U.S. Patent 4,473,949 A) and further in view of Abou Ismail et al. (U.S. Patent Application 2019/0142313 A1).
Claim 19: Schechtman teaches –
An attachment method (Abstract) for attaching to a belt a physical information
acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) that measures physical information of a user [novelty-type belt means having a buckle that displays the size of the person's body] (Col. 1, Line 24-25) and that includes an attached portion [bar] (Figure 1 & 2, Element 27) that is attachable to an attachment portion [buckle means] (Figure 1 & 2, Element 21) that is configured such that a distance from a portion (???; see 35 USC § 112 rejection above) mounted to the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) to the mounting portion [second end] (Figure 1, Element 17) [first end] (Figure 1, Element 15) is longer than a distance from the attached portion [bar] (Figure 1 & 2, Element 27) to the emission and entrance surface of the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) of the in a direction orthogonal to the emission and entrance surface of the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8),
- the attachment method comprising:
attaching the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) via the attachment fixture [numerical display belt means] (Figure 1, Element 11) that includes an attachment fixture body [buckle means] (Figure 1, Element 21), a mounting portion [second end] (Figure 1, Element 17) [first end] (Figure 1, Element 15) that can be mounted to a waist part of the user [being positioned about a person's waist] (Abstract and Figure 1 & 2), and the attachment portion [buckle means] (Figure 1 & 2, Element 21) to which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) can be attached [sensor means preferably includes a roller member 33 mounted on the buckle means 21] (Col. 2, Line 9-10).
Schechtman fails to teach a measurement wave including a millimeter wave or a microwave and emission and entrance surfaces faces the user’s body. However, Abou Ismail teaches –
attaching the physical information acquisition device such that the emission and entrance surface faces the user's body [monitoring device configured to be worn by a user proximate a blood vessel provided] (Para 0008 and Figure 3)
by emitting a measurement wave including a millimeter wave or a microwave [microwaves are produced by an electrical circuit of the oscillator assembly] (Para 0060) from an emission and entrance surface [plastic covers] (Figure 11B, Element 1111) toward the user [patient] (Para 0059-0061) in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the physical information acquisition device measuring waist circumference of Schechtman to replace with the microwave glucose monitoring of Abou Ismail in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006).
Claim 20: Schechtman teaches –
A physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) that measures physical information of a user [novelty-type belt means having a buckle that displays the size of the person's body] (Col. 1, Line 24-25) and that includes an attached portion that is attachable to an attachment portion that is configured such that a distance from a portion (???; see 35 USC § 112 rejection above) mounted to the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) to the mounting portion [second end] (Figure 1, Element 17) [first end] (Figure 1, Element 15) is longer than a distance from the attached portion [bar] (Figure 1 & 2, Element 27) to the emission and entrance surface in a direction orthogonal to the emission and entrance surface of the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8),
the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) being attachable to a belt [elongated belt] (Figure 1, Element 13) by an attachment fixture [numerical display belt means] (Figure 1, Element 11) that includes an attachment fixture body [buckle means] (Figure 1, Element 21), a mounting portion [second end] (Figure 1, Element 17) [first end] (Figure 1, Element 15) that can be mounted to a waist part of the user [being positioned about a person's waist] (Abstract and Figure 1 & 2), and the attachment portion [buckle means] (Figure 1 & 2, Element 21) to which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) can be attached [sensor means preferably includes a roller member 33 mounted on the buckle means 21] (Col. 2, Line 9-10).
Schechtman fails to teach a measurement wave including a millimeter wave or a microwave. However, Abou Ismail teaches –
by emitting a measurement wave including a millimeter wave or a microwave [microwaves are produced by an electrical circuit of the oscillator assembly] (Para 0060) from an emission and entrance surface [plastic covers] (Figure 11B, Element 1111) toward the user [patient] (Para 0059-0061) in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the physical information acquisition device measuring waist circumference of Schechtman to replace with the microwave glucose monitoring of Abou Ismail in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
이상순 (KR 200352466 Y1; enclosed herein with English Translation) - The inventor teaches present invention secures the rubber band formed with the scale and the numbers to protrude to the inner surface of the belt, a plurality of at regular intervals on the outer surface of the belt. Two magnets are embedded, and the inner surface of the buckle is provided with an acoustic generator for generating sound by a sensor for sensing the magnets.
Lafever et al. (U.S. Patent Application 2006/0083115 A1) – Lafever teaches the band has flexible, continuous band with a preset width, and a watch module including a surrounding case and attachment mechanism. The mechanism has prongs to permit an edge of the band to pass between them, where the edge is passed between the prongs and turned to lie flat against a lower surface of the case. A pressure is required to force the band in an opening when the band is inserted into the slot.
Berner et al. (U.S. Patent 7,607,243 B2; Figure 28) – Berner teaches another example structure 2800, as noted above, in which a universal housing member 2802, including a housing device 2806 and an electronic module 2808 are mounted to a strap member 2804. In this example structure 2800, the module 2808 is secured to the housing device 2806 using a cover element 2810. If desired, the cover element 2810 may be relatively transparent, e.g., to allow users to view the module 2808, should the module include any type of video or alphanumeric display 2812.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE C BOR whose telephone number is (571)272-2947. The examiner can normally be reached Mon - Fri 10:30 - 6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Helene Bor/Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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