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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 7, 9-10, 12, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luna (US 2014/0085050).
Regarding to claims 1, 9-10:
Luna discloses an information processing apparatus comprising:
a processor configured to:
periodically acquire output values from a proximity sensor in a state worn on a body of a user via a wearable device (FIG. 1A: The wearable device 110 having proximity contact members (107 and 109a) containing sensors 120a-c (paragraph [0029]) and being worn by the user 102),
derive amplitude parameters each representing an amplitude of a respective one of the output values acquired from the proximity sensor at different timings within a preset determination period (FIG. 2B: The amplitude parameters (272, 274, 295) of the output signal 270 are acquired at different time periods (273, 276, 278)),
count a number of the amplitude parameters exceeding a criterial value, the number being defined as an amplitude count for determination, determine that the wearable device is correctly worn on the body of the user based on the amplitude count for determination being less than or equal to a criterial number (FIG. 2B: The output signal at a timing period has a different amplitude; For example, the output signal in timing period 273 has the amplitude 272, the output signal in timing period 276 has the amplitude of 274, and the output signal in timing period 278 has the amplitude 295, wherein the amplitude of the output signal in each timing period is counted for the determination of the wearing state of the wearable device on the user body, wherein the amplitude of the output signal in timing period 273 greater than that of the other timing periods indicates the worn-state of the wearable device); and
determine that the wearable device is not properly worn on the body of the user in a case where the amplitude count for determination is greater than the criterial number (FIG. 2B: The output signal in timing period 276 having the amplitude 274 that is more than the amplitude 295 (criterial value), but less than the amplitude 273, the output signal in this timing period thus indicates a mis-positioned wearing state (not properly)).
Regarding to claims 3, 7, 12, and 16: wherein the processor acquires body movement information of the user, and sets the criterial value based on the acquired body movement information, wherein upon determining that the wearable device is not properly worn on the body of the user, the processor outputs information for prompting the user to check a wearing state of the wearable device (paragraph [0041]: In case the wearable device is in the mis-positioned wearing state, the motion data 201 can be used to check or confirm the wearing state of the wearable device).
Response to Arguments
Applicant's arguments filed 9/15/2025 have been fully considered but they are not persuasive.
In response to Applicant’s Remarks, the Examiner cites that the amplitude parameter as claimed are interpreted in light of the Specification teaching as “Absolute value of the difference between the minimum value and the maximum value” (paragraph [0045], US 2023/0076706); as a result, in Luna’s FIG. 2B, the amplitudes 272, 274, and 295 read on the claimed amplitude parameters because these amplitudes are the difference values between the minimum voltage and the maximum voltages at a different time period.
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 LAM S NGUYEN whose telephone number is (571)272-2151.
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, DOUGLAS RODRIGUEZ, can be reached on 571-431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAM S NGUYEN/ Primary Examiner, Art Unit 2853