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 .
Response to Arguments
Applicant’s arguments, see page 7, filed 12/19/2025, with respect to the objection to Claim 15 have been fully considered and are persuasive. The objection to Claim 15 has been withdrawn. Applicant’s arguments, see page 7, filed 12/19/2025, with respect to the objection to Claim 20 are acknowledged. However, the objection to Claim 20 remains.
Applicant’s arguments, see pages 8-11, filed 12/19/2025, with respect to the rejection(s) of Claims 20 under 35 U.S.C. § 103 have been fully considered but are not persuasive. The Examiner believes Hamaguchi, under broadest reasonable interpretation, teaches the amended claim language and explained in the updated rejection below.
Claim Objections
Claims 20-21 are objected to because of the following informalities:
In Claim 20, "wherein the watch face comprises a bottom cover, and a blood pressure measurement assembly, the bottom cover includes..." should read "wherein the watch face comprises a bottom cover, and a blood pressure measurement assembly, wherein the bottom cover includes...".
In Claim 21, “an upper end connected to the air nozzle of the blood pressure measurement assembly. the flow passage extends between, and connects, the upper end of the first plug-connection port and the lower end of the second plug-connection port” should read “an upper end connected to the air nozzle of the blood pressure measurement assembly[[.]]; and the flow passage extends between, and connects, the upper end of the first plug-connection port and the lower end of the second plug-connection port”
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.
Claim 35 is 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 35 recites “The wearable device according to claim 34, further comprising a bezel, wherein the bezel is connected to a peripheral edge of the bottom cover and encloses the watch face inner cavity together with the bottom cover, and the bezel or the bottom cover is provided with a breather hole, and the breather hole communicates the watch face inner cavity with an outside of the watch face”. However, the clause “a bezel, wherein the bezel is connected to a peripheral edge of the bottom cover and encloses the watch face inner cavity together with the bottom cover” was already recited in parent Claim 34. It is unclear if the bezel in Claim 35 is the same bezel as the bezel recited in parent Claim 34, or a different bezel. For the purposes of substantive examination, the examiner is construing this claim limitation as “The wearable device according to claim 34wherein the bezel or the bottom cover is provided with a breather hole, and the breather hole communicates the watch face inner cavity with an outside of the watch face”
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 20-24 and 34-39 are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno et al (US 20190328324 A1, cited in applicant’s IDS, hereinafter Mizuno) in view of Hamaguchi et al (US 20200323442 A1, hereinafter Hamaguchi).
Regarding Claim 20, Mizuno discloses a wearable device (Element 1, Figs. 1-2), comprising a watch face (Element, 10A, Fig. 2), a watch band (Element 2, Fig. 2), and a compression band (Element 23, Fig. 2),
wherein the watch face comprises a bottom cover (Element 10C, Fig. 2), and a blood pressure measurement assembly (Element 30, Fig. 2; “Also, inside the main body 10, a blood pressure measurement element including a pump 30 is mounted (to be described in detail later). In this example, the sphygmomanometer 1 includes the functions of an activity meter and a pulse monitor. That is, the sphygmomanometer 1 is configured as a multifunctional device having an aspect of a wristwatch type wearable device”, [0066]; the examiner notes sensing cuff 21 is also being considered part of the blood pressure measurement assembly), the bottom cover includes:
a first plug-connection port (Element 390p, Fig. 7),
a second plug-connection port (Element 380p, Fig. 7), and
the blood pressure measurement assembly is accommodated in a watch face inner cavity of the watch face (“Also, inside the main body 10, a blood pressure measurement element including a pump 30 is mounted (to be described in detail later)…)”, [0066]; therefore at least part of the blood pressure measurement assembly is accommodated in a watch face inner cavity of the watch face),
an air nozzle (Element 38, Fig. 7) of the blood pressure measurement assembly (Element 21, Fig. 2) communicates with the second plug-connection port (“The flexible tube 38 from the sensing cuff 21 is air-tightly fitted to the lateral pin 380p, and is easily attached”, [0084]),
the compression band and the watch band are stacked (See Figs. 1-2),
an air nozzle of the compression band (Element 39, Fig. 7) communicates with the first plug-connection port (“the flexible tube 39 from the pressing cuff 23 is airtightly fitted to the lateral pin 390p, and is easy to attach”, [0084]),
the first plug-connection port and the second plug-connection port project in a thickness direction of the of the watch face (See Figs. 7 and 10; Elements 380p and 390p each have at least a minor axis that projects in a thickness direction of the watch face), and
as viewed in a direction transverse to the thickness direction, the first plug-connection port and the second plug-connection port overlap each other (See Fig. 7; “The lateral pins 390p, 380p as the first flow port is oriented toward the planar direction H, so that the lateral pins 390p, 380p can contribute to the low profile of the product”, [0084]; also see Fig. 10, which shows these elements overlapping when viewed from a lateral side view of the watch face).
Mizuno discloses the claimed invention except for expressly disclosing a flow passage communicating the first plug-connection port with the second plug- connection port, and wherein
the first plug-connection port, the flow passage and the second plug-connection port are connected in series to form a flow path which extends continuously from the air nozzle of the compression band, through the first plug-connection port, then through the flow passage, then through the second plug-connection port, to the air nozzle of the blood pressure measurement assembly.
However, Hamaguchi, which also discloses a wearable device (Abstract), teaches a flow passage (Elements 15 and 34, Fig. 3; “The flow passage section 15 is an air flow passage formed of a groove or the like provided in the flow passage cover 34”, [0060]) communicating the first plug-connection port (See a first element 34a connected to element 71 or element 74, Fig. 3; “The flow passage cover 34 includes a connected portion 34a to which the pressing cuff 71 and the sensing cuff 73 or the pulling cuff 74 and the sensing cuff 73 are connected”, [0060]) with the second plug- connection port (The other element 34a connected to element 73, Fig. 3; “The flow passage cover 34 includes a connected portion 34a to which the pressing cuff 71 and the sensing cuff 73 or the pulling cuff 74 and the sensing cuff 73 are connected”, [0060]; the examiner notes that both elements 34a are, under broadest reasonable interpretation, in communication at least through pump 14, through which air flows to both elements), and wherein
the first plug-connection port, the flow passage and the second plug-connection port are connected in series to form a flow path (See Fig. 5; the examiner notes that both elements 34a are, under broadest reasonable interpretation, in communication at least through pump 14, through which air flows to both elements) which extends continuously from the air nozzle of the compression band (“The flow passage section 15 forms a flow passage leading from the pump 14 to the pressing cuff 71 and the pulling cuff 74”, [0060]), through the first plug-connection port (“The connected portion 34a is, for example, a cylindrical nozzle provided to the flow passage cover 34”, [0060]), then through the flow passage (See Fig. 5; there is a flow passage from the pulling cuff 74 and the pressing cuff 71, to pump 14), then through the second plug-connection port (“The connected portion 34a is, for example, a cylindrical nozzle provided to the flow passage cover 34”, [0060]), to the air nozzle of the blood pressure measurement assembly (“a flow passage leading from the pump 14 to the sensing cuff 73”, [0060]; see Fig. 5; there is a flow passage from elements 71/74, through the pump 14, to element 73). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the flow passage of Hamaguchi to the wearable device of Mizuno, because this allows the same pump to communicate with both plug-connection ports as needed.
Regarding Claim 21, modified Mizuno discloses the wearable device according to claim 20. Modified Mizuno discloses the claimed invention except for expressly disclosing wherein the first plug-connection port includes, along the thickness direction of the of the watch face:
a lower end connected to the air nozzle of the compression band, and
an upper end,
the second plug-connection port includes:
a lower end, and
an upper end connected to the air nozzle of the blood pressure measurement assembly.
the flow passage extends between, and connects, the upper end of the first plug-connection port and the lower end of the second plug-connection port.
However, Hamaguchi teaches wherein the first plug-connection port (See a first element 34a connected to element 71 or element 74, Fig. 3; “The flow passage cover 34 includes a connected portion 34a to which the pressing cuff 71 and the sensing cuff 73 or the pulling cuff 74 and the sensing cuff 73 are connected”, [0060]) includes, along the thickness direction of the of the watch face:
a lower end connected to the air nozzle of the compression band (See Fig. 3; elements 71 and 74 are below element 34a and would connect on a lower end of element 34a), and
an upper end (See Fig. 3),
the second plug-connection port (The other element 34a connected to element 73, Fig. 3; “The flow passage cover 34 includes a connected portion 34a to which the pressing cuff 71 and the sensing cuff 73 or the pulling cuff 74 and the sensing cuff 73 are connected”, [0060]) includes:
a lower end (See Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno with Hamaguchi as an obvious matter of design choice.
However, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device. As adding an upper end connected to the air nozzle of the blood pressure measurement assembly and modifying the flow passage to extend between, and connect, the upper end of the first plug-connection port and the lower end of the second plug-connection port does not alter the operation of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno in this manner.
Regarding Claim 22, modified Mizuno discloses the wearable device according to claim 21. Modified Mizuno discloses the claimed invention except for expressly disclosing wherein the flow passage is hyphen- shaped, S-shaped, L-shaped, or Z-shaped. However, at effective filing date of the claimed invention, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the flow passage of Mizuno to be hyphen-shaped, S-shaped, L-shaped, or Z-shaped, because Applicant has not disclosed that the particular shape of the flow passage provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art could have, before the effective filing date of the claimed invention, arrived at the claimed flow passage shape(s) through routine experimentation.
Regarding Claim 23, modified Mizuno discloses the wearable device according to claim 21. Modified Mizuno discloses the claimed invention except for expressly disclosing wherein the flow passage includes:
an upper section connected to the upper end of the first plug-connection port,
a lower section connected to the lower end of the second plug-connection port, and
a middle section extending along the thickness direction of the of the watch face, downward from the upper section to the lower section to connect the upper section to the lower section.
However, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device. As a horizontal flow passage and a vertical flow passage with an upper section connected to the upper end of the first plug-connection port, a lower section connected to the lower end of the second plug-connection port, and a middle section extending along the thickness direction of the of the watch face, downward from the upper section to the lower section to connect the upper section to the lower section can both provide a passage for air to travel through, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno to in this manner.
Regarding Claim 24, modified Mizuno discloses the wearable device according to claim 23. Modified Mizuno discloses the claimed invention except for expressly disclosing wherein as viewed in the direction transverse to the thickness direction, the first plug-connection port, the second plug-connection port and the middle section of the flow passage overlap each other. However, Hamaguchi teaches wherein as viewed in the direction transverse to the thickness direction, the first plug-connection port, the second plug-connection port and the middle section of the flow passage overlap each other (See Fig. 3 which shows this configuration). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno with Hamaguchi as an obvious matter of design choice.
Regarding Claim 34, modified Moyer discloses the wearable device according to claim 20, further comprising a bezel (See Figs. 6-7; for the bottom cover 10C to fit snugly with the main case, there must exist a frame or groove to hold said bottom cover, and can be considered a bezel), wherein the bezel is connected to a peripheral edge of the bottom cover and encloses the watch face inner cavity together with the bottom cover (See Fig. 6), and the flow passage is a first flow passage (See the modification to Mizuno in Claim 20), and
the blood pressure measurement assembly comprises a pressure sensor and an air pump (“Also, inside the main body 10, a blood pressure measurement element including a pump 30 is mounted (to be described in detail later)…)”, [0066], the air nozzle of the blood pressure measurement assembly comprises an air nozzle of the pressure sensor that communicates with the first inner plug-connection port (“The flexible tube 38 from the sensing cuff 21 is air-tightly fitted to the lateral pin 380p”, [0084]), and an air nozzle of the air pump communicates with the second inner plug-connection port (“the flexible tube 39 from the pressing cuff 23 is airtightly fitted to the lateral pin 390p, and is easy to attach”, [0084]).
Modified Moyer discloses the claimed invention except for expressly disclosing wherein the first plug-connection port is a first outer plug-connection port, the second plug-connection port is a first inner plug-connection port,
the bottom cover further includes:
a second inner plug-connection port,
a second outer plug-connection port closer to the bezel than the second inner plug- connection port, and
a second flow passage communicating the second outer plug-connection port with the second inner plug-connection port, and
the compression band comprises a first air nozzle that communicates with the first outer plug- connection port, and a second air nozzle that communicates with the second outer plug-connection port.
However, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144. In addition, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device (See MPEP 2144). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the first inner-plug connection port, the first outer-plug connection port, the first flow passage, and the first air nozzle, and modify the device such that the bottom cover further includes: a second inner plug-connection port, a second outer plug-connection port closer to the bezel than the second inner plug- connection port, and a second flow passage communicating the second outer plug-connection port with the second inner plug-connection port, and the compression band comprises a first air nozzle that communicates with the first outer plug- connection port, and a second air nozzle that communicates with the second outer plug-connection port.
Regarding Claim 35, modified Moyer discloses the wearable device according to claim 34, further comprising a bezel (See Figs. 6-7; for the bottom cover 10C to fit snugly with the main case, there must exist a frame or groove to hold said bottom cover, and can be considered a bezel), wherein the bezel is connected to a peripheral edge of the bottom cover and encloses the watch face inner cavity together with the bottom cover (See Fig. 6), and the bezel or the bottom cover is provided with a breather hole (See elements 10C1-10C4; “The back lid 10C has four through-holes 10C1, 10C2, 10C3, 10C4, and is fixed to the back side of the case 10B by screws (not illustrated) through the through-holes 10C1, 10C2, 10C3, 10C4”, [0079]), and the breather hole communicates the watch face inner cavity with an outside of the watch face (Through holes 10C1-10C4 can communicate air from the watch face inner cavity to the outside of the watch face).
Regarding Claim 36, modified Moyer discloses the wearable device according to claim 20. Modified Moyer discloses the claimed invention except for expressly disclosing wherein the wearable device further comprises a heart rate detection sensor, a middle portion of the bottom cover is provided with a mounting hole spaced from the second plug-connection port, and the heart rate detection sensor is accommodated in the watch face inner cavity and directly faces the mounting hole, or is at least partially accommodated in the mounting hole. However, Hamaguchi teaches wherein the wearable device further comprises a heart rate detection sensor (“The main CPU 56 obtains measurement results of blood pressure values, such as systolic blood pressure and diastolic blood pressure, a heart rate, and the like from the electric signal output from the pressure sensor 17”, [0072]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a heart rate sensor to the device of modified Mizuno because all of the claimed elements were known in the prior art before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Furthermore, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device (See MPEP 2144). As adding a middle portion of the bottom cover with a mounting hole spaced from the second plug-connection port, wherein the heart rate detection sensor is accommodated in the watch face inner cavity and directly faces the mounting hole, or is at least partially accommodated in the mounting hole, does not alter the operation of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno in this manner.
Regarding Claim 37, modified Moyer discloses the wearable device according to claim 20, further comprising a bezel (See Figs. 6-7; for the bottom cover 10C to fit snugly with the main case, there must exist a frame or groove to hold said bottom cover, and can be considered a bezel), wherein the bezel is connected to a peripheral edge of the bottom cover and encloses the watch face inner cavity together with the bottom cover (See Fig. 6), the first plug-connection port is closer to the bezel than the second plug-connection port (See Fig. 7; from at least one reference perspective element 390p is closer to the outer circumference of the bottom cover, and therefore bezel, then element 380p), and the watch band is connected to the bezel (See Fig. 2).
Regarding Claim 38, modified Moyer discloses the wearable device according to claim 23. Modified Moyer discloses the claimed invention except for expressly disclosing wherein the bottom cover further comprises a top face that faces the watch face inner cavity, and as viewed in the direction transverse to the thickness direction, the top face overlaps the first plug-connection port, the second plug-connection port and the middle section of the flow passage. However, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device (See MPEP 2144). As adding a top face that faces the watch face inner cavity, and as viewed in the direction transverse to the thickness direction, the top face overlaps the first plug-connection port, the second plug-connection port and the middle section of the flow passage does not alter the operation of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno in this manner.
Regarding Claim 39, modified Mizuno discloses the wearable device according to claim 20. Modified Moyer discloses the claimed invention except for expressly disclosing wherein the bottom cover of the watch face comprises an integral portion which extends continuously to form, at least partially, each of the first plug-connection port, the flow passage, and the second plug-connection port. However, it has been held use of a one-piece construction instead of multiple pieces is obvious as a matter of design choice provided it does not modify the operation of the device. See MPEP 2144. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno in the manner.
Claims 25-32 are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno) in view of Hamaguchi, and further in view of Chen et al (US 20170049342 Al, hereinafter Chen).
Regarding Claim 25, modified Mizuno discloses the wearable device according to claim 21. Modified Mizuno discloses the claimed invention except for expressly disclosing wherein in the thickness direction of the watch face, a sum of a first length between the lower and upper ends of the first plug-connection port and a second length between the lower and upper ends of the second plug-connection port is greater than a thickness of the watch face. However, Chen which also discloses a wearable device (See Fig. 2), teaches wherein in the thickness direction of the watch face (Element 21, Fig. 2), a sum of a first length of the first plug- connection port and a second length of the second plug-connection port (Elements 223, Fig. 5) is greater than a thickness of a electronic device face (See Fig. 5). 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 wearable device of Mizuno and re-orient the first and second plug-connection ports such that in the thickness direction of the watch face, a sum of a first length of the first plug- connection port and a second length of the second plug-connection port is greater than a thickness of the watch face of modified Chen because this allows direct venting to the atmosphere.
Regarding Claim 26, modified Mizuno discloses the wearable device according to claim 25, wherein the bottom cover comprises a main body member (See the bottom side of element 371, Fig. 7) and a first covering member (Element 372, Fig. 7), the first covering member is fixed to one side of the main body member (See Fig. 7), and the first covering member forms the second plug-connection port and forms the flow passage through enclosure together with the main body member (“The lateral pins 390p, 380p pierce in the planar direction H between the inner circumferential walls 372d, 372e of the spacer plate 372 and an outer circumferential wall 372f opposed to the inner circumferential walls 372d, 372e (the state in which lateral pins 390p, 380p pierce is illustrated by a broken line in FIG. 9).”, [0084]; the examiner notes for the flow passage of modified Mizuno to connect elements 380p and 390p, which are already in element 372, the flow passage would also need to be inside element 372).
Regarding Claim 27, modified Mizuno discloses the wearable device according to claim 26, wherein the main body member further comprises a top face that faces the watch face inner cavity (See the bottom side of element 371, Fig. 7), the top face of the main body member partially protrudes to form a boss, and the first covering member is fixedly connected to the boss and forms the flow passage through enclosure together with the boss (“the spacer plate 372 constitutes two planar direction passages 390, 380 extending in a planar direction H (a direction perpendicular to the thickness direction Z) along between the back surface 11b of the inner case member 11 and the opposing surface 371a of the plate-shaped member 371”, [0084]; the examiner notes for the flow passage of modified Mizuno to connect elements 380p and 390p, which are already in element 372, the flow passage would also need to be inside element 372).
Regarding Claim 28, modified Mizuno discloses the wearable device according to claim 26. Modified Mizuno discloses the claimed invention except for expressly disclosing wherein the air nozzle of the blood pressure measurement assembly is plug-connected to the second plug-connection port (“The flexible tube 38 from the sensing cuff 21 is air-tightly fitted to the lateral pin 380p, and is easily attached”, [0084]), and an elastic modulus of the air nozzle of the blood pressure measurement assembly (“The flexible tube 38…”, [0084]) is greater than an elastic modulus of the first covering member (“the spacer plate 372 is made of a synthetic resin (for example, polyurethane)…”, [0084]; the examiner notes that under broadest reasonable interpretation some polyurethane formulations have a low elastic modulus and could be made lower than the elastic modulus of the flexible tube through routine optimization).
Regarding Claim 29, modified Mizuno discloses the wearable device according to claim 26, wherein the bottom cover further comprises a second covering member (See the top side of element 371, Fig. 7), the second covering member is fixed to a side of the main body member that is away from the first covering member (See Fig. 7), the second covering member forms the first plug-connection port (In the modification of parent Claim 15, the plug-connection ports were flipped such that their sum was greater than a thickness of the watch face; this would also mean the first plug-connection port would go through the second covering member), the air nozzle of the compression band is plug- connected to the first plug-connection port (“the flexible tube 39 from the pressing cuff 23 is airtightly fitted to the lateral pin 390p, and is easy to attach”, [0084]), and an elastic modulus of the air nozzle of the compression band is greater than an elastic modulus of the second covering member (“the plate-shaped member 371 is also made of a synthetic resin (for example, an ABS resin)…”, [0084]; the examiner notes that under broadest reasonable interpretation some ABS resin formulations could created with a lower than the elastic modulus of the flexible tube through routine optimization).
Regarding Claim 30, modified Moyer discloses the wearable device according to claim 26, wherein the main body member (See the bottom side of element 371, Fig. 7) comprises a bottom face facing away from the watch face inner cavity (Element 10C, Fig. 2; see the side facing away from the inner cavity of the main watch), the bottom face of the main body member is partially recessed to form an assembly groove (air may be supplied from the air outlet 30d of the pump 30 through the first through-hole 11c, the first planar directional channel 390 and the flexible tube 39 to the pressing cuff 23, as indicated by the arrow FL1 in FIG. 10), a groove wall of the assembly groove partially protrudes to form an outer plug-connection nozzle (See Fig. 10, element 24), and
an elastic modulus of the main body member (“The plate-shaped member 371 may include a layer made of stainless steel or another metal to increase mechanical strength of the plate-shaped member 371”, [0105]) is greater than an elastic modulus of the air nozzle of the compression band (Element 39 is flexible, see [0084]).
Modified Moyer discloses the claimed invention except for expressly disclosing the first plug-connection port is formed on an inner side of the outer plug-connection nozzle, the air nozzle of the compression band is located in the assembly groove, the outer plug-connection nozzle is plug-connected to the air nozzle of the compression band. However, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device (See MPEP 2144). As modifying the device such that the first plug-connection port is formed on an inner side of the outer plug-connection nozzle, the air nozzle of the compression band is located in the assembly groove, the outer plug-connection nozzle is plug-connected to the air nozzle of the compression band does not change the operation of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno in this manner.
Regarding Claim 31, modified Moyer discloses the wearable device according to claim 30. Modified Moyer discloses the claimed invention except for expressly disclosing wherein the outer plug-connection nozzle is located between a top face of the main body member and the bottom face of the main body member. However, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device (See MPEP 2144). As modifying the outer plug-connection nozzle to be located between a top face of the main body member and the bottom face of the main body member does not change the operation of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno in this manner.
Regarding Claim 32, modified Moyer discloses the wearable device according to claim 26, wherein a peripheral face of the main body member partially protrudes to form an outer plug-connection nozzle (See the left side of element 24, Fig. 24), and an elastic modulus of the air nozzle of the compression band (Element 39 is flexible, see [0084]) is less than an elastic modulus of the main body member (“The plate-shaped member 371 may include a layer made of stainless steel or another metal to increase mechanical strength of the plate-shaped member 371”, [0105]). Modified Moyer discloses the claimed invention except for expressly disclosing the first plug-connection port is formed on an inner side of the outer plug-connection nozzle, the air nozzle of the compression band is sleeved with the outer plug-connection nozzle. However, it has been held that a rearrangement of parts of a device is obvious as a matter of design choice provided it does not modify the operation of the device (See MPEP 2144). As modifying the device such that the first plug-connection port is formed on an inner side of the outer plug-connection nozzle and the air nozzle of the compression band is sleeved with the outer plug-connection nozzle does not change the operation of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Mizuno in this manner.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Mizuno) in view of Hamaguchi, and further in view of Zhang et al (CN 109700444 A, cited in applicant’s IDS, hereinafter Zhang; an attached machine translation was relied upon for this rejection).
Regarding Claim 33, modified Moyer discloses the wearable device according to claim 20. Modified Moyer discloses the claimed invention except for expressly disclosing wherein the wearable device further comprises an air sensor, and the air sensor is located in the flow passage and fixed to an inner wall of the flow passage. However, Zhang teaches wherein the wearable device further comprises an air sensor (Element 1600, Fig. 26), and the air sensor is located in the flow passage and fixed to an inner wall of the flow passage (“As shown in FIG. 26, outlet air path 1421 communicates with the air bag 2000, air pump 1400, sensor 1600 disposed in the sealed space 1000a inside”, page 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the air sensor of Zhang to the device of Mizuno because all of the claimed elements were known in the prior art before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN EPHRAIM COOPER whose telephone number is (571)272-2860. The examiner can normally be reached Monday-Friday 7:30AM-5:30PM EST.
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, Jacqueline Cheng can be reached at (571) 272-5596. 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.
/JONATHAN E. COOPER/Examiner, Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791
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