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 .
This communication is in response to the claim’s amendment dated 2/24/2026.
Response to Arguments
Applicant’s arguments with respect to claims 1, 9, 15 and all of the respectively dependent claims have been considered but are moot because the new ground of rejection relies on a newly applied prior art.
The previous drawing objection is hereby withdrawn, since corrected/updated drawing has been provided.
Claim 13 has been cancelled, therefore, previous 112(b) rejection of claim 13 is hereby withdrawn.
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 14 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.
Regarding claim 14, claim 14 recites “a second camera…and the second camera is positioned below the transparent cover and within the notch defined by touch sensitive display.” The Specification as originally filed is silent on a second camera verbatim. However, Figs 11A-D suggest multiple camera assemblies. For purposes of examination the Examiner is relying on par[0144] and figs 11A-11D showing multiple camera assemblies. Further clarification is needed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 6-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chacon Jr. U.S. Patent 11,096,528 (hereinafter D1) in view of Choi et al. U.S. Patent 9,442,525 (hereinafter D2) and in further view of Zheng U.S. Patent 12,143,706 (hereinafter D3).
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Regarding claim 1, D1 teaches a wearable electronic device comprising:
a display (34; figure 1);
a housing (10; figure 1) at least partially enclosing (see figure 1) the display and comprising an enclosure component (enclosure formed by 10; figure 1), the enclosure component defining:
an upper surface (12; figure 1) defining a first portion (see above annotated figure 1) surrounding the display, and a second portion (see above annotated figure 1) extending at an angle (see figure 1) with respect to the first portion, the second portion of the upper surface defining a camera opening (see figure 1 and column 5, lines 31-43; the space accommodates camera 43);
a back surface (12; figure 2) opposite to the upper surface;
a first side surface (see above annotated figure 1) extending from the upper surface to the back surface and defining a first band slot (30; figure 1) extending across a width (see figure 1) of the first side surface, the first band slot positioned below (see figure 1) the camera opening and configured to receive a first portion (upper left portion of 1) of a band (1; figure 1);
a second side surface (see above annotated figure 1) extending from the upper surface to the back surface, separated (see figure 10 from the first side surface by the display, and defining a second band slot (31; figure 2) configured to receive a second portion (upper right portion of 1; figure 1) of the band; and
a digital camera assembly (43; figure 1) positioned inward (see figure 1) of the camera opening and above (see figure 1) the first band slot.
However, D1 does not specifically teach that said enclosure component is made of metal.
D2, in the same field of endeavor, teaches a wearable electronic device, comprising an enclosure component made of metal (see column 10, lines 54-57).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the device of D1 with a metal enclosure component, as suggested by D2, to enhance sturdiness of the enclosure.
However, D1 does not specifically teach a transparent cover supported by the upper surface of the housing and positioned over the display, the transparent cover defining a substantial entirety of a front surface of the electronic device.
D3, teaches a similar electronic device, which further comprises a transparent cover (5071; see figure 21; column 17, lines 20-32) supported by an upper surface of the housing and positioned over a display (5061; see figure 21; column 17, lines 20-32), the transparent cover defining a substantial entirety of a front surface of the electronic device.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further equip the electronic device of D1 with a transparent cover supported by the upper surface of the housing and positioned over the display, the transparent cover defining a substantial entirety of a front surface of the electronic device, as suggested by D3, to protect the display panel as well as to provide a touch input surface for said device.
Regarding claim 2, D1/D2/D3 teaches the wearable electronic device of claim 1, wherein:
the digital camera assembly (43; figure 1 of D1) is positioned within a camera cavity (see figure 1; the space accommodates camera 43) defined by the housing;
the metal enclosure component further defines an internal cavity (space inside 10; figure 1 of D1) and a passage (implicitly taught in figure 5 of D1) extending between (see figure 5 of D1) the internal cavity and the camera cavity;
the display (34; figure 1 of D1) is positioned at least partially within the internal cavity (see figure 1 and figure 5 of D1); and the wearable electronic device further comprises:
a circuit assembly (shown in figure 5 of D1) positioned within the internal cavity and operably coupled to the display.
a circuit (see below annotated figure 5 of D1) passing through the passage and operably coupling the digital camera assembly to the circuit assembly.
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However, D1/D2/D3 does not specifically teach that said circuit is flexible.
D2, further suggest a flexible circuit (see below annotated figure 7B of D2) operably coupling a digital camera assembly (291; figure 5) to a circuit assembly (implicitly taught in figure 7B of D2).
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It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use a flexible circuit passing through the passage of the device of D1/D2/D3, as suggested by D2, and operably coupling the digital camera assembly to the circuit assembly, to optimize component arrangement inside said enclosure.
Regarding claim 3, the modification of D1/D2/D3 would result in the wearable electronic device of claim 2, wherein the passage is configured to receive the digital camera assembly (see figure 5 of D2 and the explanation in the above rejection of claim 2).
Regarding claim 4, as mentioned above, D1/D2/D3 teaches the wearable electronic device of claim 1.
However, D1/D2/D3 does not specifically teach the digital camera assembly has a width that is greater than a diameter of the camera opening.
Even though, D1/D2/D3 does not specifically teach wherein the digital camera assembly has a width that is greater than a diameter of the camera opening, however, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to change the size of said width and diameter of the digital camera assembly of D1/D2/D3, since such a modification would have involved a mere change in the size of a component, to optimize space inside the enclosure of said wearable electronic device. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955..
Regarding claim 6, the modification of D1/D2/D3 would result in the wearable electronic device of claim 1, wherein: the digital camera assembly (43; figure 1 of D1) is positioned within a camera cavity (see figure 1; the space accommodates camera 43) defined by the metal enclosure component; the first band slot is defined by an upper wall (see above annotated figure 1 of D1) and a lower wall (see below annotated figure 2 of D1) of the metal enclosure component; and the upper wall at least partially defines (see above figure 1 of D1) the camera cavity.
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Regarding claim 7, as mentioned above, D1/D2/D3 teaches the wearable electronic device of claim 1.
Even though, D1/D2/D3 does not specifically teach the digital camera assembly is configured to capture images at a resolution between 0.9 megapixels and 3 megapixels, however, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to adjust/configure such parameters, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, to achieve desired image resolution.
Regarding claim 8, the modification of D1/D2/D3 would result in the wearable electronic device of claim 1, wherein:
the housing defines a rear opening (see figure 2 of D1; the space covered by rear cover 12); and
the wearable electronic device further comprises:
a rear cover (12; figure 2 of D1) positioned over the rear opening; and
a sensor array (biometric sensor 38; figure 2 of D1; see column 6, lines 9-30 of D1) positioned within the rear opening.
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Regarding claim 9, D1 teaches an electronic watch comprising:
a (“touch sensitive”, not taught) display (34; figure 1);
a housing (10; figure 1) formed from a (“metal”, not taught) enclosure component defining:
an upper surface (see above annotated figure 1) defining an opening (see above annotated figure 1) surrounding the display;
a back surface (12; figure 2) opposite to the upper surface;
an external surface (see above annotated figure 1) positioned at an angle (shown in figure 1 of D1) with respect to the upper surface and defining a camera opening (surface opening accommodating top portion of camera 43; figure 1); and
a side surface (see above annotated figure 1) extending from the external surface to the back surface;
a camera cavity (see figure 1; internal space that accommodates the body portion of camera 43) positioned inward from the camera opening;
a battery (40; figure 5) positioned within the internal cavity;
a circuit assembly (shown in figure 5 of D1) positioned within (see figure 1 and figure 5) the internal cavity and operably coupled (see figure 5) to the battery (“and the haptic device”, not taught); and
a camera (43; figure 1) positioned within the camera cavity, oriented at the angle (see figure 1) defined by the external surface and operably coupled (see figure 5) to the circuit assembly by a (flexible, not taught) circuit.
However, D1 does not specifically teach said display is touch sensitive.
D2, in the same field of endeavor, teaches an electronic watch (see figure 3), comprising a touch sensitive display (see column 4, lines 39-54).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further equip the electronic watch of D1, with a touch sensitive display, as suggested by D2, for user’s input through said touch sensitive display.
However, D1 does not specifically teach said enclosure component is made of metal.
D2, in the same field of endeavor, teaches a wearable electronic device, comprising an enclosure component made of metal (see column 10, lines 54-57).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the device of D1 with a metal enclosure component, as suggested by D2, to enhance sturdiness of the enclosure.
However, D1 does not specifically teach a haptic device positioned within the internal cavity and configured to produce a haptic output along the external surface of the housing;
D2, in the same field of endeavor, teaches an electronic device, which suggests a haptic device (see column 8, lines 61-65; “convert an electrical signal to a mechanical vibration” = haptic device) positioned within an internal cavity (see figure 9E) of said device.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further equip the electronic device of D1 with a haptic device positioned within the internal cavity of D1, as suggested by D2, such that the circuit assembly would be operably coupled to the haptic device and configured to produce a haptic output along the external surface of the housing to provide users with touch sensations such as vibration or force feedback.
However, D1 does not specifically teach a transparent cover supported by the upper surface of the housing and positioned over the display, the transparent cover defining a substantial entirety of a front surface of the electronic device.
D3, teaches a similar electronic device, which further comprises a transparent cover (5071; see figure 21; column 17, lines 20-32) supported by an upper surface of the housing and positioned over a display (5061; see figure 21; column 17, lines 20-32), the transparent cover defining a substantial entirety of a front surface of the electronic device.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further equip the electronic device of D1 with a transparent cover supported by the upper surface of the housing and positioned over the display, the transparent cover defining a substantial entirety of a front surface of the electronic device, as suggested by D3, to protect the display panel as well as to provide a touch input surface for said device.
Regarding claim 10, the modification of D1/D2/D3 would result in the electronic watch of claim 9, wherein:
a band slot (30; figure 1 of D1) is formed into the side surface; and
the camera cavity is positioned above (see figure 1 of D1) the band slot and below (implicitly taught in figure 1 of D1) the front surface.
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Regarding claim 11, the modification of D1/D2/D3 would result in the electronic watch of claim 9, wherein:
the housing defines a passage (see above annotated figure 5 of D1) extending between the camera cavity and the internal cavity; the flexible circuit extends through (see above annotated figure 5 of D1) the passage; and the passage is configured to receive (see above annotated figure 5 of D1) the camera.
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Regarding claim 12, the modification of D1/D2/D3 would result in the electronic watch of claim 9, wherein:
the housing defines a side surface (see above annotated figure 1 of D1; “1st side surface”); and
the camera (43; figure 1 of D1) is positioned between (see above annotated figure 1 of D1) the side surface and a portion (the portion to the right of camera 43) of the internal cavity containing the battery and the haptic device.
Regarding claim 14, the modification of D1/D2/D3 would result in the electronic watch of claim 9.
D2 teaches a touch sensitive display defines a notch (“notch” = “ledge” in above figure 7B of D2); and a camera is positioned below (see figure 7B of D2) the transparent cover and within the notch defined by the touch sensitive display.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further equip the electronic watch of D1/D2/D3 such that the touch sensitive display defines a notch; and a camera would be positioned below the transparent cover and within the notch defined by the touch sensitive display, as suggested by D2, for protecting the camera from external contaminants.
Even though, D1/D2/D3 does not specifically teach a second camera, however, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further provide a second camera positioned as claimed, since it has been held that mere duplication of the essential working part of a device involves only routine skill in the art, to enhance operational capability. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
10. Claims 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chacon Jr. U.S. Patent 11,096,528 (hereinafter D1) in view of Zheng U.S. Patent 12,143,706 (hereinafter D3).
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Regarding claim 15, D1 teaches an electronic device comprising:
a display (34; figure 1);
a housing (10; figure 1) at least partially surrounding (see figure 1) the display and defining:
an upper surface (12; figure 1) defining a first portion (see above annotated figure 1) surrounding the display, and a second portion (see above annotated figure 1) extending at an angle (shown in figure 1) with respect to the first portion, the second portion of the upper surface defining an opening (the top opening surface accommodate camera top portion of 43; figure 1) and a camera cavity (the space accommodates the entire camera 43; figure 1);
a back surface (12; figure 2) opposite to the upper surface;
a first side surface (see above annotated figure 1) extending from the front surface to the back surface and defining a first band slot (30; figure 1) extending across a width (see figure 1) of the first side surface and configured to secure a removeable band (1; figure 1) to the housing; and
a second side surface (see above annotated figure 1) defining a second band slot (31; figure 2) configured to secure the removeable band to the housing; and a camera (43; figure 1) positioned within the camera cavity and configured to receive an optical input (implicitly taught; cameras are designed to receive and capture light from the external environment through a lens, which is interpreted as “optical input”) through the opening.
However, D1 does not specifically teach a transparent cover supported by the upper surface of the housing and positioned over the display, the transparent cover defining a substantial entirety of a front surface of the electronic device.
D3, teaches a similar electronic device, which further comprises a transparent cover (5071; see figure 21; column 17, lines 20-32) supported by an upper surface of the housing and positioned over a display (5061; see figure 21; column 17, lines 20-32), the transparent cover defining a substantial entirety of a front surface of the electronic device.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further equip the electronic device of D1 with a transparent cover supported by the upper surface of the housing and positioned over the display, the transparent cover defining a substantial entirety of a front surface of the electronic device, as suggested by D3, to protect the display panel as well as to provide a touch input surface for said device.
Regarding claim 18, D1/D3 teaches the electronic device of claim 15, wherein the camera cavity is positioned over a surface (top surface of band 1; figure 1 of D1 shows camera (43) cavity locates above band 1 when the band is secured to the housing) of the removable band when the removable band is secured to the housing.
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11. Claims 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chacon Jr. U.S. Patent 11,096,528 (hereinafter D1) in view of Zheng U.S. Patent 12,143,706 (hereinafter D3) and in further view of Choi et al. U.S. Patent 9,442,525 (hereinafter D2)
Regarding claim 17, as mentioned above, D1/D3 teaches the electronic device of claim 15.
However, D1/D3 does not specifically teach wherein: the housing is formed from a metal material.
D2, in the same field of endeavor, teaches a wearable electronic device, comprising an enclosure component made of metal (see column 10, lines 54-57).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide the device of D1/D3 with a metal enclosure component, as suggested by D2, to enhance sturdiness of the enclosure.
Note: the claimed limitation “the camera cavity is machined into the metal material.” is a process and, therefore, it is not given patentable weight.
The claimed phrase “the camera cavity is machined into the metal material” is being treated as a product by process limitation; that is, that the camera cavity is made by machining the metal material. As set forth in MPEP 2113, product-by-process claims are NOT limited to the manipulations of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 U.S.C. 103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. See MPEP 2113.
Thus, even though D1/D2 is silent as to the process the camera cavity is machined into the metal material, it appears that the product in D1/D2 would be the same or similar as that claimed.
See MPEP 2113[R-1])
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Regarding claim 19, D1/D3 teaches the electronic device of claim 15, wherein: the housing defines an internal cavity (space inside 10; figure 1 of D1) and a passage (implicitly taught in figure 5 of D1) that extends (see figure 5 of D1) between the internal cavity and the camera cavity; the electronic device comprises a circuit assembly (shown in figure 5 of D1) positioned within the internal cavity; and the electronic device comprises a circuit (see above annotated figure 1) that extends through the passage and operably couples the camera to the circuit assembly.
However, D1/D3 does not specifically teach that said circuit is flexible.
D2, further suggest a flexible circuit (see below annotated figure 7B of D2) operably coupling a digital camera assembly (291; figure 5) to a circuit assembly (implicitly taught in figure 7B of D2).
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It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use a flexible circuit passing through the passage of the device of D1/D3, as suggested by D2, and operably coupling the digital camera assembly to the circuit assembly, to optimize component arrangement inside said enclosure.
Regarding claim 20, D1/D3/D2 teaches the electronic device of claim 19, wherein: the electronic device further comprises a battery (40; figure 5 and column 5, lines 58-60 of D1) positioned within the internal cavity.
However, D1/D3/D2 does not specifically teach a haptic device positioned within the internal cavity.
D2, in the same field of endeavor, teaches an electronic device, which suggests a haptic device (see column 8, lines 61-65; “convert an electrical signal to a mechanical vibration” = haptic device) positioned within an internal cavity (see figure 9E) of said device.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to further equip the electronic device of D1/D3/D2 with a haptic device positioned within the internal cavity, as suggested by D2, to provide users with touch sensations such as vibration or force feedback.
Conclusion
12. 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.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)272-3069. The examiner can normally be reached M-F 10-6PM..
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, Imani N Hayman can be reached at 571-270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HUNG Q. DANG
Examiner
Art Unit 2835
/IMANI N HAYMAN/Supervisory Patent Examiner, Art Unit 2841