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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Arguments
Claims 1, 2, 7, 9-14, and 16-20 have been amended with claims 1, 13, and 17 in independent form. Claims 1-20 are pending.
Amendments to claims 11 and 12 have been entered and their wordings have been noted. No new matter was introduced by the amendments, and the amended claims now properly further limit the claims from which they depend. The rejections of claims 11 and 12 under 35 USC § 112(d) have been overcome and are hereby withdrawn.
Amendments to claims 1, 2, 7, 9-14, and 16-20 have been entered. No new matter was presented. Amendments to claims 2, 7, 9, 10, 14, 16, and 18-20 correct minor informalities and/or modify the claims to be presented in idiomatic English without altering the scope of the originally presented claims.
Independent claims 1-20 remain pending after amendment entry and withdrawal of rejections under 35 USC § 112(d). Independent claims 1, 13, and 17 contain new limitations which are supported by the specification, but do not occur in the original claim set.
Applicant's arguments filed 12 May 2025 have been fully considered but they are not persuasive. As claims 1, 13, and 17 introduce limitations not present in the initial examination of the claims, said additional limitation requires a new grounds of rejection for claims 1-20.
Claim Rejections - 35 USC § 103
Claim(s) 1-5, 9, 10, 12, 14-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Momose (JP 2017187356, hereinafter Momose) in view of Olwal (US 2019324404, hereinafter Olwal).
Regarding independent claim 1, Momose teaches “An electronic device comprising: a display configured to display information with a hand (para. [0018], “a display unit that displays information using hands”; claim 1; fig. 1, element 5); and a processor (para. [0040], “the CPU”; fig. 2 element 90) configured to: acquire a number of pulsations of a living body during a predetermined period (para. [0030] and [0039], “predetermined time”); based on the acquired number of pulsations, determine a pulsation period corresponding to a time interval between pulsations of the living body; and control the display to express the pulsation period (para. [0050]) ... in synchronization with the pulsation period (para. [0009]; claim 2), ...”. Regarding the pulse rate, Momose (para. [0039]) teaches “...the pulse information Info indicates the pulse rate PR per 60 seconds (an example of a "predetermined time") (PR is a natural number satisfying 1≤PR).” Momose further teaches (para. [0011]) that “the hands are moved so as to complete one revolution in a predetermined time, so that the hands can display both the pulse measurement result and the time in minutes, seconds, etc. This allows the user of the watch to grasp more information at once, compared to a case in which the hands only display the pulse measurement results and do not display the time, thereby improving convenience for the user of the watch.” Momose also teaches (para. [0078]; fig. 10-11) that the display may be controlled according to the pulsation periods which may be varied according to the pulse of the user. Momose also teaches “[0011] According to this embodiment, the hands are moved so as to complete one revolution in a predetermined time, so that the hands can display both the pulse measurement result and the time in minutes, seconds, etc. This allows the user of the watch to grasp more information at once, compared to a case in which the hands only display the pulse measurement results and do not display the time, thereby improving convenience for the user of the watch. [0012] In the above-mentioned timepiece, it is preferable that the hand is a second hand and the predetermined time is one minute.”
However, Momose fails to teach that the display expresses the pulsation period “by causing oscillation of the hand” or that “a central location of the oscillation is based on a current time value indicated by the hand”.
Olwal teaches controlling an electronic device to express information via a hand-based display “by causing oscillation of the hand (para. [0050]; fig. 5)” and that “a central location of the oscillation is based on a current time value indicated by the hand (ibid.)”. Regarding the oscillations, Olwal teaches in para. [0050] that “FIG. 5 illustrates one example 500 of buzzing. Here, one or more of the hands buzzes or shakes to visually indicate an alarm, timer, upcoming reminder, etc. This includes high frequency oscillating movement of the hand, as indicated by the jagged lines and dashed arrow adjacent to the minute hand. By way of example, the hand may oscillate at 1 Hz, 2 Hz, 6 Hz, or more or less. Here, the rapid oscillation may occur, e.g., three times. Alternatively, fewer or more than three repetitions may be employed. The rate can change during the buzzing, for instance starting slow (or fast) and then getting faster (or slower). The oscillating movement may be accompanied by digital augmentation on the digital display.” Thus, based upon the description in para. [0050], the programmable oscillating motion is also linked to a time value (alarm, reminder, etc.) displayed by the hands.” Further, as noted in the office action dated 10 February 2025, the definition of oscillation with regards to bodies in motion is “regular variation in magnitude or position around a central point”. In essence, the ‘buzzing’ motion described by Olwal is a back and forth oscillation of any one or more of the watch hands around a central point using rotation and counter-rotation of the indicator. Olwal (para. [0006]) also teaches “the mechanical movement control subsystem is configured to adjust the one or more watch hands to provide the buzzing visualization by oscillating one or more of the watch hands at a selected oscillating rate”.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to combine the expressive, oscillating, bi-directional hand movements of Olwal with the electronic pulse display device of Momose using known methods to create an electronic device wherein exists a hand-based display which uses bidirectional hand motion to express a measured pulsation in an expressive and intuitive manner.
This method for improving the electronic device with pulse display of Momose with the expressive and controllable hand movements of Olwal was within the ordinary ability of one of ordinary skill in the art before the effective filing date of the claimed invention based on the teachings of Momose.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Momose and Olwal to obtain the invention as claimed in claim 1.
Thus the combined art of Momose and Olwal makes obvious the invention according to claim 1.
Regarding claim 2, Momose and Olwal make obvious the invention according to claim 1 wherein Momose teaches the electronic device with pulse rate display and Olwal teaches using oscillations to convey information in an intuitive and expressive manner. Olwal further teaches “the oscillation of the hand comprises rotation and counter-rotation having an oscillation width equal to a standard rotation angle (para. [0050]; fig. 5)”.
Thus, the combined art of Momose and Olwal make obvious the electronic device according to claim 2.
Regarding claim 3, Momose and Olwal make obvious the electronic device according to claim 2, wherein Momose further teaches “the processor is configured to determine rotational velocity of the hand in such a manner that the larger the acquired number of pulsations is, the faster the rotational velocity becomes (para. [0078], fig. 11)”. Specifically, Momose teaches “FIG. 11 is a timing chart showing another example of the waveform of the pulse rate display drive signal DrP according to this modified example. In the example shown in FIG. 11, the number of hand movement steps Q is fixed at, for example, "5," while the interval between hand movements is set to an interval according to the pulse rate PR”. This results in a more rapid advancement interval for the indicator hand based upon a higher pulse rate in the user.
Thus, the combined art of Momose and Olwal make obvious the electronic device according to claim 3.
Regarding claim 4, Momose and Olwal make obvious the electronic device according to claim 2, wherein Momose further teaches “the processor is configured to determine the standard rotation angle in such a manner that the larger the acquired number of pulsations is, the larger the standard rotation angle becomes (para. [0078]; fig. 10)”. Specifically, Momose (para. [0078]) teaches “FIG. 10 is a timing chart showing an example of the waveform of the pulse rate display drive signal DrP according to this modified example. In the example shown in FIG. 10, the interval between hand movements is fixed at, for example, five times the unit time Tu, that is, one second, and the number of hand movement steps Q is set to a value corresponding to the pulse rate PR.” This results in a larger step of the indicator hand based upon the pulse rate of the user.
Thus, the combined art of Momose and Olwal make obvious the electronic device according to claim 4.
Regarding claim 5, Momose and Olwal make obvious the electronic device according to claim 2, wherein Olwal in the combined art of claim 2 teaches “the processor is configured to cause oscillation of the hand to be started from a base location that is a start location of the oscillation (para. [0050]; fig. 5, ‘buzzing’ display hand movements)”
Thus, the combined art of Momose and Olwal make obvious the electronic device according to claim 5.
Regarding claim 9, Momose and Olwal make obvious the invention according to claim 5 wherein Momose teaches the electronic device with pulse delay and Olwal teaches using oscillations of the hands to convey information in an intuitive and expressive manner. Momose further teaches “the hand is a second hand; the base location is a location corresponding to seconds of a current time; and the processor is configured to, while causing the hand to indicate the seconds, cause the hand to oscillate.” Specifically, Momose (para. [0031]; fig. 1, elements 1, 51, 52, and 53) teaches “the timepiece 1 displays the pulse and second with the second hand 51, displays the minute with the minute hand 52, and displays the time with the hour hand 53”.
Thus, the combined art of Momose and Olwal make obvious the electronic device according to claim 9.
Regarding claim 10, Momose and Olwal make obvious the invention according to claim 2 wherein Momose teaches the electronic device with pulse display using watch hands and Olwal teaches using oscillations of the hands to convey information in an intuitive and expressive manner. Olwal further teaches “the processor is configured to cause the hand to oscillate in such a manner that the central location of the oscillation coincides with a standard oscillation central location (para. [0050]; fig. 5).”
Thus, the combined art of Momose and Olwal make obvious the electronic device according to claim 10.
Regarding claim 12, Momose and Olwal make obvious the invention according to claim 1 wherein Momose teaches the electronic device with pulse display using watch hands and Olwal teaches using oscillations of the hands to convey information in an intuitive and expressive manner. Momose (para. [0039]) further teaches “the number of pulsations of the living body during the predetermined period comprises a number of pulsations per unit time”.
Thus, the combined art of Momose and Olwal make obvious the electronic device according to claim 12.
Regarding independent claim 13, Momose teaches “A method executed by an electronic device, the electronic device comprising: a display configured to display information with a hand (para. [0018], “a display unit that displays information using hands”; claim 1; fig. 1, element 5); and at least one processor (para. [0040], “the CPU”; fig. 2 element 90), and the method comprising, the at least one processor: acquiring a number of pulsations of a living body (para. [0038], “the CPU 30 acquires the pulse information”) during a predetermined period; based on the acquired number of pulsations, determining a pulsation period corresponding to a time interval between pulsations of the living body (para. [0039], “the pulse information Info indicates the pulse rate PR per 60 seconds (an example of a "predetermined time")”); and controlling the display to express the pulsation period (para. [0040], “when the display mode of the watch 1 is the pulse rate display mode, the CPU 30 outputs a control signal Ctr to control the display section 5 via the drive signal generating circuit 31 and the drive unit 2”) ... in synchronization with the pulsation period (para. [0009], “the hands are moved in synchronization with the pulse”), ...”. Specifically, Momose (para. [0022]) teaches “In addition, a method for controlling a watch according to the present invention is a method for controlling a watch that has a display unit that displays information using hands and a drive unit that drives the hands, and is characterized in that the drive unit is controlled so that the hands are moved in accordance with the measurement results of a measurement unit that measures pulse rate.”. Further teaching (para. [0031]; fig. 1) “The timepiece 1 according to this embodiment can operate in two display modes: a time display mode in which the hands 51 to 53 are used to display the time, and a pulse display mode in which the hands 51 to 53 are used to display the time and pulse rate. More specifically, in the time display mode, the timepiece 1 displays seconds with the second hand 51, minutes with the minute hand 52, and hours with the hour hand 53, as described above. On the other hand, in the pulse rate display mode, the timepiece 1 displays the pulse rate and seconds with the second hand 51, the minutes with the minute hand 52, and the hours with the hour hand 53.”.
Momose fails to teach that the pulsation is expressed “by causing oscillation of the hand” or that the “central location of the oscillation is based on a current time value indicated by the hand.”.
Olwal teaches controlling an electronic device to express information via a hand-based display “by causing oscillation of the hand (para. [0050]; fig. 5)” and that “a central location of the oscillation is based on a current time value indicated by the hand (ibid.)”. Additionally Olwal (para. [0012]) teaches “In accordance with other aspects of the disclosure, a method of providing mechanical expressivity to a user with a hybrid smartwatch is provided. The hybrid smartwatch includes a digital graphical display and one or more physical watch hands arranged along a face of the hybrid smartwatch. The method includes selecting, by one or more processors, an expressive visualization to be presented to a user using the one or more watch hands. The expressive visualization provides a predetermined adjustment of one or more of the watch hands.”. Regarding the oscillations, Olwal teaches in para. [0050] that “FIG. 5 illustrates one example 500 of buzzing. Here, one or more of the hands buzzes or shakes to visually indicate an alarm, timer, upcoming reminder, etc. This includes high frequency oscillating movement of the hand, as indicated by the jagged lines and dashed arrow adjacent to the minute hand. By way of example, the hand may oscillate at 1 Hz, 2 Hz, 6 Hz, or more or less. Here, the rapid oscillation may occur, e.g., three times. Alternatively, fewer or more than three repetitions may be employed. The rate can change during the buzzing, for instance starting slow (or fast) and then getting faster (or slower). The oscillating movement may be accompanied by digital augmentation on the digital display.” Thus, based upon the description in para. [0050], the programmable oscillating motion is also linked to a time value (alarm, reminder, etc.) displayed by the hands.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to combine the pulse measurement and display method of Momose with the oscillating bi-directional control method of Olwal using known methods to create an electronic watch wherein exists a method which allows a display controlled by a programmable stepper motor to relate heart rate information in an intuitive and expressive manner in accordance with known methods.
This method for improving the method of Momose with the method of Olwal was within the ordinary ability of one of ordinary skill in the art before the effective filing date of the claimed invention based on the teachings of Momose.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Momose and Olwal to obtain the invention as claimed in claim 13.
Thus the combined art of Momose and Olwal make obvious the invention according to claim 13.
Regarding claim 14, Momose and Olwal make obvious the invention according to claim 13 wherein Momose teaches the method of pulse rate display and Olwal teaches using oscillations to convey information in an intuitive and expressive manner. Olwal further teaches “the oscillation of the hand comprises rotation and counter-rotation having an oscillation width equal to a standard rotation angle (para. [0050]; fig. 5)”.
Thus, the combined art of Momose and Olwal make obvious the method according to claim 14.
Regarding claim 15, Momose and Olwal make obvious the invention according to claim 14 wherein Momose teaches the method of pulse rate display and Olwal teaches using oscillations to convey information in an intuitive and expressive manner. Olwal further teaches “causing oscillation of the hand to be started from a base location that is a start location of the oscillation (para. [0050]; fig.5)”. As noted by the examiner above in the discussion of claim 2, the definition of oscillation is “regular variation in magnitude or position around a central point”. That observation likewise applies in this instance.
Thus, the combined art of Momose and Olwal make obvious the method according to claim 15.
Regarding claim 16, Momose and Olwal make obvious the method according to claim 15 wherein Momose teaches the method of pulse rate display and Olwal teaches using oscillations to convey information in an intuitive and expressive manner. Momose further teaches the method “wherein the hand is a second hand, the base location is a location corresponding to seconds of a current time, and the method further comprises, while causing the hand to indicate the second (para. [0031])”.
Thus, the combined art of Momose and Olwal make obvious the method according to claim 16.
Regarding independent claim 17, Momose teaches “A non-transitory recording medium storing a program readable by a computer of an electronic device (para. [0036], “a nonvolatile flash memory 33 for storing control programs”), the electronic device comprising: a display to display information with a hand; and a processor, wherein the program causes the processor to at least execute: acquiring a number of pulsations of a living body during a predetermined period; based on the acquired number of pulsations, determining a pulsation period corresponding to a time interval between pulsations of the living body; and controlling the display to express the pulsation period by causing oscillation of the hand in synchronization with the pulsation period, wherein a central location of the oscillation is based on a current time value indicated by the hand.”. Specifically, Momose teaches (para. [0036] and [0037]):
“As shown in FIG. 2 , the control unit 3 comprises a CPU (Central Processing Unit) 30 for controlling each part of the watch 1, a RAM (Random Access Memory) 32 for temporarily storing various data as a working area when the CPU 30 performs various processes, a nonvolatile flash memory 33 for storing control programs, various setting information, etc., and a drive signal generation circuit 31 for controlling the drive of motor drivers 211 and 212. In this embodiment, as an example, a case where the control unit 3 is equipped with a CPU 30 will be described, but the present invention is not limited to such an embodiment, and the control unit 3 may be equipped with a programmable logic device such as an FPGA (field programmable gate array) instead of the CPU 30.
The CPU 30 executes a control program stored in the flash memory 33 and operates in accordance with the control program to realize various functions.”.
Momose further teaches (para. [0011]) that “the hands are moved so as to complete one revolution in a predetermined time, so that the hands can display both the pulse measurement result and the time in minutes, seconds, etc. This allows the user of the watch to grasp more information at once, compared to a case in which the hands only display the pulse measurement results and do not display the time, thereby improving convenience for the user of the watch.”
Momose fails to teach the pulsation is expressed “by causing oscillation of the hand” or that the “central location of the oscillation is based on a current time value indicated by the hand”.
Olwal teaches Olwal teaches controlling an electronic device to express information via a hand-based display “by causing oscillation of the hand (para. [0050]; fig. 5)” and that “a central location of the oscillation is based on a current time value indicated by the hand (ibid.)”. Specifically, Olwal (para. [0033]) teaches “The instructions 116 may be any set of instructions to be executed directly (such as machine code) or indirectly (such as scripts) by the processor. For example, the instructions may be stored as computing device code on the computing device-readable medium. In that regard, the terms “instructions” and “programs” may be used interchangeably herein”. Said programs (para. [0045]) are used “to provide control, positioning and mechanical expressivity via resulting hand movement, for instance by causing the one or more hands to rotate or otherwise adjust in a predetermined manner. The micro-stepper motors enable unidirectional or bidirectional rotation of the hands (clockwise and/or counterclockwise) through electrical pulses that may be controlled by the one or more processors 112 of FIG. 1” Olwal (para. [0012]) additionally teaches “The method includes selecting, by one or more processors, an expressive visualization to be presented to a user using the one or more watch hands”. Olwal (para. [0013]) further teaches “Here, the buzzing visualization is provided by oscillating one or more of the watch hands at a selected oscillating rate”.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to combine the pulse detection and display programming of Momose with the programmable bi-directional hand movements of Olwal according to known methods to create an electronic device wherein exists a program which controls a hand-based display which uses bidirectional hand motion to express a measured pulsation in an expressive and intuitive manner.
This method for improving the programming of Momose with the programming of Olwal was within the ordinary ability of one of ordinary skill in the art before the effective filing date of the claimed invention based on the teachings of Momose.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Momose and Olwal to obtain the invention as claimed in claim 17.
Thus the combined art of Momose and Olwal make obvious the invention according to claim 17.
Regarding claim 18, Momose and Olwal make obvious the non-transitory recording medium according to claim 17 wherein Momose teaches the programming of the device to display the pulse and Olwal teaches the programming of the oscillations. Olwal further teaches “the oscillation of the hand comprises rotation and counter-rotation having an oscillation width equal to a standard rotation angle (para. [0013], [0050]; fig. 5).”
Thus, the combined art of Momose and Olwal make obvious the non-transitory recording medium according to claim 18.
Regarding claim 19, Momose and Olwal make obvious the invention according to claim 18 wherein Momose teaches the programming of the device to display the pulse and Olwal teaches the programming of the oscillations. Olwal (para. [0013]) further teaches “causing oscillation of the hand to be started from a base location that is a start location of the oscillation”.
Thus, the combined art of Momose and Olwal make obvious the non-transitory recording medium according to claim 19.
Regarding claim 20, Momose and Olwal make obvious the invention according to claim 19 wherein Momose teaches the programming of the device to display the pulse and Olwal teaches the programming of the oscillations. Momose further teaches “the hand is a second hand; the base location is a location corresponding to seconds of a current time; and the program further causes the processor to further execute, while causing the hand to indicate the seconds, causing the hand to oscillate. (para. [0031]; fig. 1, element 51)”.
Thus, the combined art of Momose and Olwal make obvious the non-transitory recording medium according to claim 20.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Momose and Olwal as applied to claim 5 above, and further in view of Botsch (US 3139086, hereinafter Botsch).
Regarding claim 6, Momose and Olwal make obvious the invention according to claim 5, wherein Momose teaches an electronic device which displays the pulse rate using the hands of a timepiece including the acquisition (para. [0030]) and display (para. [0031]) of the pulsations and Olwal (para. [0050]; fig. 5) teaches using bi-directional movements of the hands to relate said information in an intuitive and expressive way.
However, Momose and Olwal fail to teach “the processor is configured to: acquire a beat time that is a time at which the pulsation reaches a local maximum point; and cause the hand to oscillate in such a way that the hand is located at a peak location that is a location of a local maximum point of the oscillation at a timing at which a standard delay time has elapsed since the acquired beat time.”
Botsch teaches an electronic device with the ability to “acquire a beat time that is a time at which the pulsation reaches a local maximum point (col 5, ln. 18-21); and cause the hand to oscillate in such a way that the hand is located at a peak location that is a location of a local maximum point of the oscillation (ln. 21-24) at a timing at which a standard delay time has elapsed since the acquired beat time.”. Botsch teaches “Each time a change in light intensity occurs there is a corresponding change in the resistance of the photocell which in turn causes a change in current created by battery 13 in the photocell circuit. Since the transformer primary winding forms a part of this circuit, the change in current will induce a voltage in the transformer secondary winding in the usual manner. This signal is applied through the band pass filter 16 to the amplifier 17 and, after amplification, to the recorder 18. The recorder output is in the form of a direct or analog trace of the voltage induced in the secondary of the transformer such as is shown in FIGURES 6 and 7.” The result being that the peak point of the pulsation is processed by the devices circuitry and correspondingly synchronized with the display unit. This synchronization is maintained throughout the entire oscillation cycle of the pulsation. This is analogous art as the stated goal of both devices is to display to the user the pulsations of a living body.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to use the electronic device of Momose and the oscillating hands of Olwal with the synchronized output of Botsch wherein the display hand of the device is synchronized with the pulsation of the living body with the expected benefit of creating an intuitive and easy to understand display of the chosen pulsations in their body.
This method for improving the device of Momose with the visual display system of Olwal and enhanced by the synchronization of Botsch was within the ordinary ability of one of ordinary skill in the art before the effective filing date of the claimed invention based on the teachings of Momose.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Botsch, Momose, and Olwal to obtain the invention as claimed in claim 6.
Thus the combined art of Momose, Olwal, and Botsch make obvious the electronic device according to claim 6.
Regarding claim 7, Botsch, Momose, and Olwal make obvious the electronic device according to claim 6 wherein Momose teaches the acquisition of pulsations, Olwal teaches the oscillation of the hand in the display, and Botsch teaches the synchronized display of the data. Official notice is taken by the examiner that for any regular oscillator, i.e. a pendulum, the start point of the oscillation cycle from one extremum or node (base location) is one-half cycle before the other extremum or node (peak) is reached. As a result, Botsch (fig. 6, 7) teaches “the processor is configured to cause oscillation of the hand to be started from the base location at a timing earlier than a timing at which a standard delay time has elapsed since the acquired beat time by a time period half a standard oscillation period.”
Thus, the combined art of Momose, Olwal, and Botsch make obvious the electronic device according to claim 7.
Regarding claim 8, Momose, Olwal, and Botsch make obvious the electronic device according to claim 7 wherein Momose teaches the acquisition of pulsations, Olwal teaches the oscillation of the hand in the display, and Botsch teaches the synchronized display of the data. Botsch further teaches that the device has the ability to “change the standard oscillation period according to the acquired number of pulsations (fig. 6-7).”Thus, the combined art of Momose, Olwal, and Botsch make obvious the electronic device according to claim 8.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Momose and Olwal as applied to claim 1 above, and further in view of Kim (US 20160063525, hereinafter Kim).
Regarding claim 11, the combined art of Momose and Olwal makes obvious the electronic device according to claim 1 wherein Momose teaches the electronic device with pulse display via the hands of a timepiece and Olwal teaches using oscillations to convey that information in an intuitive and expressive manner.
However, while Momose’s use of the term ‘pulse’ implies cardiac pulses or heartbeats, it fails to specifically teach “the pulsations of the living body comprises cardiac pulses”.
Kim (para. [0017]; fig. 5A) teaches “the pulsations of the living body comprises cardiac pulses”. Specifically Kim teaches “[0017] According to another aspect of the present invention, a method of controlling a smart watch may include: ... acquiring heartbeat data through a heartbeat sensor; acquiring user's preference information on the basis of heartbeat data about the product information through the preference information acquiring unit; and displaying the user's preference information through a display unit.”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, that the combined electronic timekeeping and pulse sensing device of Momose and Olwal measures cardiac pulses (heartbeats) as according to Kim.
This understanding that the device of Momose and Olwal with the clarification of Kim that the pulse being measured was a cardiac pulse was within the ordinary knowledge of one of ordinary skill in the art before the effective filing date of the claimed invention based on the teachings of Kim.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Momose and Olwal with the clarification of Kim to obtain the invention as claimed in claim 11.
Thus the combined art of Momose, Olwal, and Kim make obvious the invention according to claim 11.
Summary
To summarize the examiner’s rationale for rejecting independent claims 1, 13, and 17, the art of Momose provides the basic capture and display of the pulse data and the programming means for a stepper motor to display the information in an intuitive manner for the user of the timepiece, however Momose only describes this intuitive motion in one direction of motion for the display hand. Olwal’s ‘buzzing’ and anthropomorphic motions of the display hand(s) demonstrates that programmable bi-directional motions of the display hands may be triggered in various ways to convey information in an intuitive and expressive manner at any given point on the dial.
Thus, Momose describes the capture of the pulsation data by the timepiece as well as the programming of the motor/processor/memory combination to display the frequency and intensity of the captured pulsations, while Olwal provides the bi-directional motion of the hand to express oscillations centered at any point on the circular path of the hand around the dial.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Olwal – US 20200249632 (August, 26, 2020) – User Interface Visualizations In A Hybrid Smart Watch – Further discloses visualizations to be used in conjunction with a hybrid timepiece, including heart rate monitoring and other biometric visualizations.
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 MICHAEL J WALKER whose telephone number is (571)270-7599. The examiner can normally be reached from 8:00 AM - 4:00 PM ET Monday through Friday.
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, Regis Betsch can be reached at (571) 270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES WALKER/ Examiner, Art Unit 2844
/REGIS J BETSCH/ SPE, Art Unit 2844
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