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 .
Drawings
The drawings remain objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second member that is configured to contact and enclose a dial of the watch” in claim 1 must be shown or the feature(s) canceled from the claim(s). The drawings are still objected to because amending “a second member that contacts and encloses a dial” to “a second member that is configured to contact and enclose a dial” does not change the structural requirement that the second member contacts and encloses the dial. The drawings do not show how this contact and enclosure are arranged, nor how they may occur. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-17 and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 16 and 19 recite “an electrode” in the penultimate line. This has ambiguous antecedent basis because lines 3-4 recite “an electrode” also. Whether the former refers to the latter or to a second electrode is unclear. It has been read as -the electrode-.
Claim 17/15 lacks antecedent basis for “the electrode,” “the tip,” and “the relief.” Claim 17 has been read as depending on claim 16. Furthermore, “a connection terminal” in line 2 of claim 17 has been read as -the connection terminal-, because claim 16 already recites “a connection terminal” in line 4.
Claim 20/19 recites “a connection terminal” in line 2. This limitation has ambiguous antecedent basis because claim 19 recites “a connection terminal” in line 4. It has been read as -the connection terminal-.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 6-8, 10, 12-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Erentok (US 2018/0088724) in view of Koch (US 5,798,984) and Randjelovic (US 2022/0171345).
Regarding claim 1, Erentok discloses an electronic watch (Figs. 1, 3) comprising a case provided with a bezel (102) forming totally or partially a touch interface of said watch ([0015]-[0016]), said bezel (102) comprising an antenna circuit (308, 318 and [0021]-[0022]) of a communication module (306 and [0021]) of the watch (1) and a flange (320, 322, and [0025]) provided with a touch control circuit (electrodes for sensing touch in [0018] and [0023]) of a touch control organ (312) of this watch, wherein the bezel (102) comprises a first member (320) that contacts (Fig. 3) encloses a crystal (108, [0015]) of the watch and a second member (322) that encloses a dial of the watch, the first member and the second member being assembled to each other. All watch bezels enclose watch dials. Otherwise, the watch dial would fall out of the case. Member 320 forms an upper surface and 322 a lower surface of the bezel that assemble together to form the entire bezel shape.
Erentok does not show the second member being configured to contact the watch dial or the first and second members being discrete members assembled to each other. Erentok does not show the antenna circuit and touch control circuit being arranged on the second member and facing an inside of the first member.
Koch teaches (Fig. 2) a bezel (12) contacting and enclosing a dial (24) of a watch.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted Koch’s dial for Erentok’s dial. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of securing the watch dial in place.
The combination of Erentok and Koch does not show the antenna circuit and touch control circuit being arranged on the second member and facing an inside of the first member.
Randjelovic teaches (Fig. 4) a first member (7a) and a second member (7b, 5b) assembled to each other ([0034]) with a circuit (5a) arranged on the second member (5b) and facing an inside of the first member (7a).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bezel of Erentok to be a two-piece bezel that assembles together such that the antenna circuit and touch control circuit are arranged on the second member and face the inside of the first member, as suggested by Randjelovic. One of ordinary skill in the art would have been motivated to make this modification to create a watch with easily replaceable components ([0003] of Randjelovic). Furthermore, the courts have held that a change in location, absent any criticality, is only considered to be an obvious modification that a person having ordinary skill in the art would have been able to provide using routine experimentations and is therefore not inventive. See In re Japiske, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04.VI.
Regarding claim 2, Erentok teaches (Fig. 3) the electronic watch according to claim 1, wherein the antenna circuit (308, 318) and the touch control circuit (312) are located in the bezel ([0021]-[0022] teach 318 being a loop antenna connected to 308 and [0025] teaches 312 detecting conductive changes in 320) on either side of an axis of symmetry passing through a center of the bezel (308 and 312 are on opposite sides of the line bisecting Fig. 3 into left and right halves).
Regarding claim 6, Erentok teaches (Fig. 3) the electronic watch (1) according to claim 1, wherein the first member (320) comprises a body (320) comprising an outer face (320) of the bezel (102) provided with at least one touch area (320). See [0025].
Regarding claim 7, Erentok discloses the electronic watch according to claim 1 comprising a touch area on an outer face of the bezel (320 in Fig. 3).
Erentok does not show the second member including a support element provided with an upper surface including at least one relief a tip of which is covered with a conductive material forming an electrode, said tip being located facing a portion of an inner face of a body of the first member of the bezel arranged below a first or a second touch area of an outer face of the first member constituting an external face of the bezel.
Randjelovic teaches (Figs. 3-4) a bezel (3) comprising a second portion (11) including a support element (4) provided with an upper surface including at least one relief (5a) the tip of which is covered with a conductive material ([0029]), said tip being located facing a portion of an inner face (bottom of 7a) of a body of a first portion (7a) of the bezel (3) below an area of an outer face (top of 7a) of the first portion (7a) constituting an external face of the bezel (Fig. 2).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the second portion of the bezel of Randjelovic with the bezel of Erentok so that the tip of the relief is arranged below the touch area of Erentok. One of ordinary skill in the art would have been motivated to make this combination to create a watch with easily replaceable communication components ([0003] of Randjelovic).
Regarding claim 8, Erentok teaches (Fig. 3) the electronic watch according to claim 1, wherein the antenna circuit (308) is produced on an upper surface of a support element (306).
Regarding claim 10, Erentok discloses (Fig. 3) the electronic watch according to claim 1, wherein the touch control circuit (210) comprises at least one electrode ([0018]) that is produced on a second portion of an upper surface of a support element (312 and [0023]).
Erentok does not show the electrode being produced on a second portion of an upper surface of a support element of the second member of the bezel.
Randjelovic teaches (Fig. 4) an electrode (5a) produced on a second portion (4) of an upper surface ([0044]) of a support element (11) of the second member (7b) of the bezel (Fig. 4). See paragraph [0046].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the second portion and support element of Randjelovic with the watch of Erentok so that the touch control circuit’s electrode is produced on the second member. One of ordinary skill in the art would have been motivated to make this modification to create a watch with easily replaceable communication components ([0003] of Randjelovic).
Regarding claim 12, Erentok teaches (Figs. 2-3) the electronic watch according to claim 10, wherein the control circuit (210) comprises a microcontroller (204) connected to said at least one electrode (206 and [0018]) by means of at least one connection track (210 links 204 and 206).
Regarding claim 13, Erentok teaches (Fig. 3) the electronic watch according to claim 1, wherein the bezel (102) is manufactured in at least one dielectric and/or electrically non-conductive material (302 and [0022]).
Regarding claim 15, Erentok in view of Randjelovic and Koch discloses (Figs. 3-4 of Randjelovic) the electronic watch according to claim 1, wherein the antenna circuit and touch control circuit (5a-5b) are arranged on a face of the second member (7b and Fig. 4) and the face of the second member (7b) is covered by the first member (7a and Fig. 3).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Erentok in view of Koch and Randjelovic, and further in view of Beaucourt (US 2018/0219279).
Regarding claim 9, Erentok discloses (Fig. 3) the electronic watch according to claim 8, wherein the antenna circuit (308) is produced on a first portion of the upper surface of the support element (306).
The combination of Erentok and Koch does not show the antenna circuit comprising first and second produced on a first portion of the upper surface of the support element of the second member of the bezel, said first and second strands each having a proximal end and a distal end, and extending in parallel between their proximal and distal ends, the first and second strands being connected by their distal ends as well as at their proximal ends.
Randjelovic teaches (Fig. 4) an antenna circuit (5b) produced on a first portion (4) of an upper surface ([0044]) of a support element (11) of a second member (7b) of a bezel (Fig. 4).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the first portion and support element of Randjelovic with the watch of Erentok so that the antenna circuit is produced on the second member. One of ordinary skill in the art would have been motivated to make this modification to create a watch with easily replaceable communication components ([0003] of Randjelovic).
The combination of Erentok, Koch, and Randjelovic does not show the antenna circuit comprising first and second strands, the strands each having proximal and distal ends and extending parallel between their proximal and distal ends, the first and second strands being connected by their distal ends as well as at their proximal ends.
Beaucourt teaches (Fig. 2) an antenna circuit comprising first and second strands (203), the strands extending in parallel and being connected to one another at distal and proximal ends (Fig. 2, “Bottom Perspective View”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the antenna circuit of Erentok for the antenna circuit of Beaucourt. One of ordinary skill in the art would have been motivated to make this substitution to achieve the predictable result of creating a functional conducting loop antenna that also provides structural support and cosmetic appeal ([0019] of Beaucourt).
Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Erentok in view of Randjelovic and Sayem et al. (US 2019/0379105).
Regarding claim 11, Erentok discloses an electronic watch (Figs. 1, 3) comprising a case provided with a bezel (102) forming totally or partially a touch interface of said watch ([0015]-[0016]), said bezel (102) comprising an antenna circuit (308, 318 and [0021]-[0022]) of a communication module (306 and [0021]) of the watch (1) and a flange (320, 322, and [0025]) provided with a touch control circuit (electrodes for sensing touch in [0018] and [0023]) of a touch control organ (312) of this watch, wherein the antenna circuit (308) is produced on an upper surface of a support element (306).
Erentok does not show an antenna circuit comprising a microcircuit connected to first and second strands by means of a connection track produced on an upper surface of a support element of a first portion of a bezel.
Randjelovic teaches (Fig. 4) an antenna circuit (5b) produced on a first portion (4) of an upper surface ([0044]) of a support element (11) of a first portion (7b) of a bezel (Fig. 4).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the first portion and support element of Randjelovic with the watch of Erentok so that the antenna circuit is produced on the upper surface of the support element of the second portion of the bezel. One of ordinary skill in the art would have been motivated to make this modification to create a watch with easily replaceable communication components ([0003] of Randjelovic).
The combination of Erentok and Randjelovic does not show the antenna circuit comprising a microcircuit connected to first and second strands by means of a connection track.
Sayem teaches (Figs. 6, 8-9) an antenna circuit comprising a microcircuit (20 and see image below) connected to first and second strands (see image below annotating antenna 32) by means of a connection track (Fig. 6 shows microcircuit 20 connecting to antenna 32; this connection requires a connection track). See also the last sentence of [0035].
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Sayem’s first and second strands, connection track, and microcircuit with Erentok’s watch. One of ordinary skill in the art would have been motivated to make this combination to utilize Sayem’s improved antenna configuration ([0004] of Sayem) and have superior connection and communication capabilities.
Regarding claim 18, Erentok in view of Randjelovic and Koch discloses (Figs. 3-4 of Randjelovic) the electronic watch according to claim 11, wherein the antenna circuit and touch control circuit (5a-5b) are arranged on a face of the second member (7b and Fig. 4) and the face of the second member (7b) is covered by the first member (7a and Fig. 3).
Allowable Subject Matter
Claims 16 and 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claims 16 and 19, the prior art does not show or suggest a touch control circuit arranged on a face of a second member comprising an electrode and a connection terminal, the electrode also being disposed on a most-protruded tip of a relief of an upper surface of the face of the second member, in combination with the other limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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 Matthew Hwang whose telephone number is (571)272-1191. The examiner can normally be reached M-F.
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The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW DANIEL HWANG/ Examiner, Art Unit 2833
/renee s luebke/ Supervisory Patent Examiner
Art Unit 2833