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 § 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 8-10 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.
Claim 8 recites the limitation "the microprocessor" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 8 is dependent from Claim 1, however, it appears that it should be dependent from Claim 7 which teaches a microprocessor. In order to proceed, Claim 8 will be interpreted such that it is dependent from Claim 7.
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.
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.
Claim(s) 1, 2, 3, 6, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keith (US 8867319 B2) in view of Min (US 6411288 B1).
Regarding Claim 1, Keith teaches a repetition counting device comprising: a housing 110 defining an interior space (Refer to Fig. 1); a sensor attached to the housing and being configured for detecting motion (Refer to Col 4 Lines 6-9:” When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise.”); a counter 130,150 attached to the housing, positioned in the interior space, and operationally engaged to the sensor, such that the counter is enabled for maintaining a count of motion events detected by the sensor (Refer to Col 4 Lines 6-9:” When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise “); and a notification module 150 attached to the housing and operationally engaged to the counter, wherein the notification module is configured for notifying a user when the count of motion events reaches a preset value (Refer to Col 4 Lines 6-28:”When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise. For example, in one embodiment, the exercise hold timer/counter 130 may be utilized with a visual sensor that perceives the action of a full pushup, and can notify the exercise hold timer/counter 130 upon completion of each one. In another exemplary embodiment, the exercise hold timer/counter 130 may be utilized with an audio sensor that can receive audible information from the user or a machine to notify the exercise hold timer/counter 130 upon completion.”). Keith teaches that the device may be a variety of different displays (Refer to Refer to Col 3 Lines 17-25:” In many embodiments, the housing 110 may be in the form of a computer (e.g., a personal computer, a mobile computer, a laptop, a netbook, or the like), a handheld electronic device (e.g., a portable device (similar to a traditional stopwatch), a mobile smartphone, or the like). “), but fails to teach a plate hingedly attached to the housing proximate to a top of the housing, such that the plate is selectively hingable from a stowed configuration, wherein the plate is substantially parallel to and in abutment with a back of the housing, and a deployed configuration, wherein the plate extends angularly from the housing and wherein the plate and the housing are configured for positioning on a substantially horizontal surface. Min teaches a display device 11 comprising a plate 20 hingedly attached to the housing 10 proximate to a top of the housing, such that the plate is selectively hingable from a stowed configuration, wherein the plate is substantially parallel to and in abutment with a back of the housing, and a deployed configuration, wherein the plate extends angularly from the housing and wherein the plate and the housing are configured for positioning on a substantially horizontal surface (Refer to Figs. 3-5). Min is analogous with Applicants invention in that they both teach digital devices comprising displays and therefore it would have been obvious to modify the housing of Keith to be in view of Min such that it comprises a hangable plate 20 to allow the device to be portable and laid flat for storage or mounting on a wall or to stand on a horizontal surface.
Regarding Claim 2, Keith in view of Min continues to teach wherein the housing is flattened cuboid shaped (Refer to Min Fig. 5).
Regarding Claim 3, Keith in view of Min continues to teach wherein the plate 20 is shaped complementarily to the back of the housing 10 (Refer to Min Fig. 5).
Regarding Claim 6, Keith in view of Min continues to teach wherein the notification module comprises one or both of: a speaker configured for emitting an audio signal when the count of motion events reaches a preset value; and a display screen configured for providing visual notification of the count of motion events (Refer to Keith Fig. 1 Col 5 Lines 4-14:” Although not shown in the Figure, the interval timing device 100 may be provided with numerous visual and audio indicators, for example, alarms, blinking lights, etc. to notify the user of when certain time periods or counts have been reached. In view of the multitude of features in many of the embodiments of the interval timing device 100, it may be desirable to provide multiple types of audio and visual indicators to allow the user an opportunity to distinguish between each of such indications.”..the Officer takes the position that a speaker is inherent in order for the device to make an audio alert).
Regarding Claim 13, Keith teaches a repetition counting method comprising the steps of: providing a repetition counting device comprising: a housing 110 defining an interior space (Refer to Fig. 1), a sensor attached to the housing and being configured for detecting motion (Refer to Col 4 Lines 6-9:” When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise.”), a counter 130,150 attached to the housing, positioned in the interior space, and operationally engaged to the sensor, such that the counter is enabled for maintaining a count of motion events detected by the sensor (Refer to Col 4 Lines 6-9:” When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise “), and a notification module 150 attached to the housing and operationally engaged to the counter, wherein the notification module is configured for notifying a user when the count of motion events reaches a preset value; positioning the repetition counting device on a substantially horizontal surface, such that the sensor is pointed toward a location where a repetitive exercise movement is to be performed; performing the repetitive exercise movement; and allowing the counter to maintain a count of motion events detected by the sensor; allowing the notification module to notify the user when the count of the motion events reaches the preset value (Refer to Col 4 Lines 6-28:”When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise. For example, in one embodiment, the exercise hold timer/counter 130 may be utilized with a visual sensor that perceives the action of a full pushup, and can notify the exercise hold timer/counter 130 upon completion of each one. In another exemplary embodiment, the exercise hold timer/counter 130 may be utilized with an audio sensor that can receive audible information from the user or a machine to notify the exercise hold timer/counter 130 upon completion.”). Keith teaches that the device may be a variety of different displays (Refer to Refer to Col 3 Lines 17-25:” In many embodiments, the housing 110 may be in the form of a computer (e.g., a personal computer, a mobile computer, a laptop, a netbook, or the like), a handheld electronic device (e.g., a portable device (similar to a traditional stopwatch), a mobile smartphone, or the like). “) fails to teach a plate hingedly attached to the housing proximate to a top of the housing, such that the plate is selectively hingable from a stowed configuration, wherein the plate is substantially parallel to and in abutment with a back of the housing, and a deployed configuration, wherein the plate extends angularly from the housing and wherein the plate and the housing are configured for positioning on a substantially horizontal surface. Min teaches a display device 11 comprising a plate 20 hingedly attached to the housing 10 proximate to a top of the housing, such that the plate is selectively hingable from a stowed configuration, wherein the plate is substantially parallel to and in abutment with a back of the housing, and a deployed configuration, wherein the plate extends angularly from the housing and wherein the plate and the housing are configured for positioning on a substantially horizontal surface (Refer to Figs. 3-5). Min is analogous with Applicants invention in that they both teach digital devices comprising displays and therefore it would have been obvious to modify the housing of Keith to be in view of Min such that it comprises a hangable plate 20 to allow the device to be portable and laid flat for storage or mounting on a wall or to stand on a horizontal surface.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keith (US 8867319 B2) in view of Min (US 6411288 B1), further in view of Green, Jr. (US 10792551).
Regarding Claim 4, Keith in view of Min teaches the claimed invention as noted above but fails to teach further including a magnet attached to a rear of the plate, wherein the magnet is configured for magnetically attaching the plate and the housing to a paramagnetic object. Green teaches a counter device comprising a rear including a magnet attached to a rear of the plate 24, wherein the magnet is configured for magnetically attaching the plate and the housing to a paramagnetic object (Refer to Fig. 2 Col 3 Lines 24-48:” The space saving device further includes a fastener 24 disposed on the rear side of the housing 12. The fastener 24 can be a magnet configured to secure the housing 10 to a magnetically attractive surface. In an alternate embodiment, the fastener 24 may be a clip for securing the housing 10 to an exercise machine or other object.”). Green is analogous with Applicants invention in that they both teach counter devices for exercising and therefore it would have been obvious to modify the device of Keith in view of Min to comprise a magnet is configured for magnetically attaching the plate and the housing to a paramagnetic object on the rear of plate 20 for the purpose of attaching to a magnetically attractive surface as taught by Green, such attachments are known in the art and do not patentably distinguish the invention over prior arts.
Claim(s) 5 and 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keith (US 8867319 B2) in view of Min (US 6411288 B1), further in view of Booker-Bell (US 20230141420 A1).
Regarding Claim 5, Keith in view of Min teaches the claimed invention as noted above but expressly disclose wherein the sensor is positioned proximate to the top of the housing. Booker-Bell teaches a squat counter device comprising wherein a sensor 310 is positioned proximate to the top of a housing 310 (Refer to Fig. 2 Paragraph [0031]:” The housing 220 includes several operating components 300 of the remote control system 200 including the sensing device 310 including one or more sensors, a processor/control unit 312, the power supply unit 315, and a notification unit 320. A detailed description the above components is described below with reference to FIGS. 7 and 8.”).
Regarding Claim 7, Keith in view of Min teaches the claimed invention as noted above including a processor attached to the housing, positioned in the interior space, and operationally engaged to the sensor, the counter, and the notification module, such that the processor is enabled for monitoring the count of the motion events and for selectively actuating the notification module for notifying the user when the count of motion events reaches the preset value (Refer to Keith Col 3 Lines 25-32:” Accordingly, although not depicted in the Figure, normal operating components of computers, electronic devices, etc., including, for example, power supply, a processor, a memory for storing instructions regarding the operation of the device, I/O components for creating the audio and visual effects disclosed herein and for receiving instructions from the user, etc., may all be included within the housing 110.” & Col 4 Lines 6-28). But fails to expressly disclose wherein the processor is a microprocessor and a battery attached to the housing and positioned in the interior space. Booker-Bell teaches a counting system comprising a battery attached to a housing and positioned in the interior space and a microprocessor (Refer to Fig. 7 Paragraph [0037]:”The processor/control unit 312 comprises at least one microprocessor, microcontroller, central processor (CPU) or other control unit and is in communication with the sensing device 310 and receives, processes data signals generated therefrom and data received and transmitted to and from the remote control unit 210”.….. Paragraph [0040]:”As shown, the power supply unit 315 is configured to supply power to the remote control system 200 and may include one or more replaceable or rechargeable battery pack. According to one embodiment, the battery pack may be a 12V rechargeable battery pack and include one or more lithium-type batteries along with a protection board for safely recharging the batteries. “). Booker-Bell is analogous with Applicants invention in that they both teach counting devices for physical activity and therefore it would have been obvious to modify the counter device of Keith et al to be in view of Booker-Bell such that there is a battery attached to the housing and positioned in the interior space; and a microprocessor attached to the housing, positioned in the interior space, and operationally engaged to the battery, the sensor, the counter, and the notification module since Booker-Bell teaches that such elements are known in the art to be part of a counter device for processing data from the sensor and allowing portability of the device during use without having to connected to a wall plug.
Regarding Claim 8, Keith in view of Min and Booker-Bell continues to teach further including a data storage module (memory) attached to the housing 110, positioned in the interior space, and operationally engaged to the microprocessor, such that the microprocessor is enabled for selectively sending the count of motion events to the data storage module (Refer to Keith Col 3 Lines 25-32:” Accordingly, although not depicted in the Figure, normal operating components of computers, electronic devices, etc., including, for example, power supply, a processor, a memory for storing instructions regarding the operation of the device, I/O components for creating the audio and visual effects disclosed herein and for receiving instructions from the user, etc., may all be included within the housing 110”..Col 4 Lines 28-30:” The exercise hold timer/counter 130 may be capable of recording or storing numerous counts, times, or combinations thereof for a plurality of exercises within an exercise set.”).
Regarding Claim 9, Keith in view of Min and Booker-Bell continues to teach further including a control panel attached to the housing and operationally engaged to the microprocessor, wherein the control panel 120 is configured for manipulation by the user for communicating commands to the microprocessor (Refer to Keith Col 3 Lines 16-25:” FIG. 1 depicts an interval timing device in accordance with one embodiment of the present invention. In accordance with embodiments of the present invention, an interval timing device 100 comprises a housing 110 and a graphical user interface 120 for interacting with the user. In many embodiments, the housing 110 may be in the form of a computer (e.g., a personal computer, a mobile computer, a laptop, a netbook, or the like), a handheld electronic device (e.g., a portable device (similar to a traditional stopwatch), a mobile smartphone, or the like)”).
Regarding Claim 10, Keith in view of Min and Booker-Bell continues to teach wherein the control panel comprises: a power button 316 configured for being depressed a first time for operationally engaging the microprocessor to the battery and for being depressed a second time for disengaging the microprocessor from the battery (Refer to Fig. 7 Booker-Bell); a clear button configured for being depressed for signaling the microprocessor for clearing the count of the motion events (Refer to Keith Col 3 Lines 39-51:” As shown in the Figure, each of the timers or counters may also be provided with an adjustment key to increase or decrease a pre-set value of the timer or counter. Similarly, each of the timers or counters may be provided with a reset button, which may be utilized to reset the timer or counter when a workout routine is completed or prematurely stopped.”); a set count button configured for being depressed for selecting the preset value of the count to be reached prior to the microprocessor actuating the notification module (Refer to Keith Col 3 Lines 39-51:” As shown in the Figure, each of the timers or counters may also be provided with an adjustment key to increase or decrease a pre-set value of the timer or counter. Similarly, each of the timers or counters may be provided with a reset button, which may be utilized to reset the timer or counter when a workout routine is completed or prematurely stopped.”); an audio activation button 13 configured for being depressed for selectively actuating the speaker (Refer to Min Fig. 3 Col 2 Lines 34-39:” That is, the display unit 10 is equipped with a flat display screen 11 displaying images, a power switch 12 for turning on/off, the flat panel display device and a volume element 13 for controlling the volume relating to the images displayed on the flat display screen 11 at a vessel plate of a lower part of the flat display screen 11. “) such that the speaker is enabled for emitting the audio signal when the count of motion events reaches the preset value (Refer to Keith Fig. 1 Col 5 Lines 4-14:” Although not shown in the Figure, the interval timing device 100 may be provided with numerous visual and audio indicators, for example, alarms, blinking lights, etc. to notify the user of when certain time periods or counts have been reached.”..The Office takes the position that it would have been obvious to provide a audio activation button since Min teaches that such buttons are known in the art for devices that make audio sounds to turn on or off the volume); a memory command button configured for being depressed for signaling the microprocessor for sending the count of motion events to the data storage module (Refer to Col 4 Lines 29-31:” The exercise hold timer/counter 130 may be capable of recording or storing numerous counts, times, or combinations thereof for a plurality of exercises within an exercise set.”..The Office takes the position that such button is inherent since the device of Keith allows for the counts to be stored and/or such modification to provide a button would have been within the knowledge of one of ordinary skill in the art at the time as shown by all the buttons taught by Keith, Min, and Booker-bell and does not patentably distinguish the invention over prior arts); and a volume control button 13 configured for being depressed for setting a volume of the speaker (Refer to Min Fig. 3 Col 2 Lines 34-39:” That is, the display unit 10 is equipped with a flat display screen 11 displaying images, a power switch 12 for turning on/off, the flat panel display device and a volume element 13 for controlling the volume relating to the images displayed on the flat display screen 11 at a vessel plate of a lower part of the flat display screen 11.”..the Office takes the position that the big button is the audio activation and the smaller arrows are volume controls, such volume control buttons are common and known in the art as shown by Min and does not patentably distinguish the invention over the prior arts).
Regarding Claim 11, Keith in view of Min and Booker-Bell continues to teach further including: the battery 315 being rechargeable (Refer to Booker-Bell Fig. 7 Paragraph [0040]:” As shown, the power supply unit 315 is configured to supply power to the remote control system 200 and may include one or more replaceable or rechargeable battery pack. According to one embodiment, the battery pack may be a 12V rechargeable battery pack and include one or more lithium-type batteries along with a protection board for safely recharging the batteries.”); a port 317 attached to the housing, positioned in the interior space, and operationally engaged to the battery; and a charging cord having a first plug complementary to the port and a second plug complementary to an outlet of a source of electrical current, such that the first plug is selectively insertable into the port for operationally engaging the charging cord to the battery, and wherein the second plug is configured for selective insertion into the outlet for operationally engaging the battery to the source of electrical current for charging the battery (Refer to Booker-Bell Paragraph [0040]:” The power supply unit 315 further includes a connector 317 (e.g., a female barrel connector) for receiving a recharging cord 318 to be inserted therein in and connecting to an external power source for recharging purposes. The recharging cord may be for example, a 12 volt (V) 3 amp (A) charging cord with a male connector for connection to the connector 317 of the power supply unit 315.”).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keith (US 8867319 B2) in view of Min (US 6411288 B1), further in view of Green, Jr. (US 10792551) and Booker-Bell (US 20230141420 A1).
Regarding Claim 12, Keith teaches a repetition counting device comprising: a housing 110 defining an interior space (Refer to Fig. 1); a sensor attached to the housing and being configured for detecting motion (Refer to Col 4 Lines 6-9:” When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise.”); a counter 130,150 attached to the housing, positioned in the interior space, and operationally engaged to the sensor, such that the counter is enabled for maintaining a count of motion events detected by the sensor (Refer to Col 4 Lines 6-9:” When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise “); and a notification module 150 attached to the housing and operationally engaged to the counter, wherein the notification module is configured for notifying a user when the count of motion events reaches a preset value (Refer to Col 4 Lines 6-28:”When the exercise hold timer/counter 130 is utilized as a counter, the adjustment key may be utilized to set to a particular numerical count of a specific exercise (e.g., for twenty pushups). When utilized as a counter, the exercise hold timer/counter 130 may be in communication with a sensor (not shown) for assisting in the "counting" or completion of an exercise. For example, in one embodiment, the exercise hold timer/counter 130 may be utilized with a visual sensor that perceives the action of a full pushup, and can notify the exercise hold timer/counter 130 upon completion of each one. In another exemplary embodiment, the exercise hold timer/counter 130 may be utilized with an audio sensor that can receive audible information from the user or a machine to notify the exercise hold timer/counter 130 upon completion.”), the notification module comprising one or both of:a speaker configured for emitting an audio signal when the count of motion events reaches a preset value, and a display screen configured for providing visual notification of the count of motion events (Refer to Keith Fig. 1 Col 5 Lines 4-14:” Although not shown in the Figure, the interval timing device 100 may be provided with numerous visual and audio indicators, for example, alarms, blinking lights, etc. to notify the user of when certain time periods or counts have been reached. In view of the multitude of features in many of the embodiments of the interval timing device 100, it may be desirable to provide multiple types of audio and visual indicators to allow the user an opportunity to distinguish between each of such indications.”..the Officer takes the position that a speaker is inherent in order for the device to make an audio alert). Keith teaches that the device may be a variety of different displays (Refer to Refer to Col 3 Lines 17-25:” In many embodiments, the housing 110 may be in the form of a computer (e.g., a personal computer, a mobile computer, a laptop, a netbook, or the like), a handheld electronic device (e.g., a portable device (similar to a traditional stopwatch), a mobile smartphone, or the like). “), but fails to teach a plate hingedly attached to the housing proximate to a top of the housing, such that the plate is selectively hingable from a stowed configuration, wherein the plate is substantially parallel to and in abutment with a back of the housing, and a deployed configuration, wherein the plate extends angularly from the housing and wherein the plate and the housing are configured for positioning on a substantially horizontal surface. Min teaches a display device 11 comprising a plate 20 hingedly attached to the housing 10 proximate to a top of the housing, such that the plate is selectively hingable from a stowed configuration, wherein the plate is substantially parallel to and in abutment with a back of the housing, and a deployed configuration, wherein the plate extends angularly from the housing and wherein the plate and the housing are configured for positioning on a substantially horizontal surface (Refer to Figs. 3-5). Min is analogous with Applicants invention in that they both teach digital devices comprising displays and therefore it would have been obvious to modify the housing of Keith to be in view of Min such that it comprises a hangable plate 20 to allow the device to be portable and laid flat for storage or mounting on a wall or to stand on a horizontal surface. Keith in view of Min continues to teach wherein the housing is flattened cuboid shaped (Refer to Min Fig. 5) and wherein the plate 20 is shaped complementarily to the back of the housing 10 (Refer to Min Fig. 5). Keith in view of Min teaches the claimed invention as noted above but expressly disclose wherein the sensor is positioned proximate to the top of the housing. Booker-Bell teaches a squat counter device comprising wherein a sensor 310 is positioned proximate to the top of a housing 310 (Refer to Fig. 2 Paragraph [0031]:” The housing 220 includes several operating components 300 of the remote control system 200 including the sensing device 310 including one or more sensors, a processor/control unit 312, the power supply unit 315, and a notification unit 320. A detailed description the above components is described below with reference to FIGS. 7 and 8.”). Keith in view of Min teaches the claimed invention as noted above including a processor attached to the housing, positioned in the interior space, and operationally engaged to the sensor, the counter, and the notification module, such that the processor is enabled for monitoring the count of the motion events and for selectively actuating the notification module for notifying the user when the count of motion events reaches the preset value (Refer to Keith Col 3 Lines 25-32:” Accordingly, although not depicted in the Figure, normal operating components of computers, electronic devices, etc., including, for example, power supply, a processor, a memory for storing instructions regarding the operation of the device, I/O components for creating the audio and visual effects disclosed herein and for receiving instructions from the user, etc., may all be included within the housing 110.” & Col 4 Lines 6-28). But fails to expressly disclose wherein the processor is a microprocessor and a battery attached to the housing and positioned in the interior space. Booker-Bell teaches a counting system comprising a battery attached to a housing and positioned in the interior space and a microprocessor (Refer to Fig. 7 Paragraph [0037]:”The processor/control unit 312 comprises at least one microprocessor, microcontroller, central processor (CPU) or other control unit and is in communication with the sensing device 310 and receives, processes data signals generated therefrom and data received and transmitted to and from the remote control unit 210”.….. Paragraph [0040]:”As shown, the power supply unit 315 is configured to supply power to the remote control system 200 and may include one or more replaceable or rechargeable battery pack. According to one embodiment, the battery pack may be a 12V rechargeable battery pack and include one or more lithium-type batteries along with a protection board for safely recharging the batteries. “). Booker-Bell is analogous with Applicants invention in that they both teach counting devices for physical activity and therefore it would have been obvious to modify the counter device of Keith et al to be in view of Booker-Bell such that there is a battery attached to the housing and positioned in the interior space; and a microprocessor attached to the housing, positioned in the interior space, and operationally engaged to the battery, the sensor, the counter, and the notification module since Booker-Bell teaches that such elements are known in the art to be part of a counter device for processing data from the sensor and allowing portability of the device during use without having to connected to a wall plug. Keith in view of Min and Booker-Bell continues to teach further including a data storage module (memory) attached to the housing 110, positioned in the interior space, and operationally engaged to the microprocessor, such that the microprocessor is enabled for selectively sending the count of motion events to the data storage module (Refer to Keith Col 3 Lines 25-32:” Accordingly, although not depicted in the Figure, normal operating components of computers, electronic devices, etc., including, for example, power supply, a processor, a memory for storing instructions regarding the operation of the device, I/O components for creating the audio and visual effects disclosed herein and for receiving instructions from the user, etc., may all be included within the housing 110”..Col 4 Lines 28-30:” The exercise hold timer/counter 130 may be capable of recording or storing numerous counts, times, or combinations thereof for a plurality of exercises within an exercise set.”); a control panel attached to the housing and operationally engaged to the microprocessor, wherein the control panel 120 is configured for manipulation by the user for communicating commands to the microprocessor (Refer to Keith Col 3 Lines 16-25:” FIG. 1 depicts an interval timing device in accordance with one embodiment of the present invention. In accordance with embodiments of the present invention, an interval timing device 100 comprises a housing 110 and a graphical user interface 120 for interacting with the user. In many embodiments, the housing 110 may be in the form of a computer (e.g., a personal computer, a mobile computer, a laptop, a netbook, or the like), a handheld electronic device (e.g., a portable device (similar to a traditional stopwatch), a mobile smartphone, or the like)”); the control panel comprises: a power button 316 configured for being depressed a first time for operationally engaging the microprocessor to the battery and for being depressed a second time for disengaging the microprocessor from the battery (Refer to Fig. 7 Booker-Bell); a clear button configured for being depressed for signaling the microprocessor for clearing the count of the motion events (Refer to Keith Col 3 Lines 39-51:” As shown in the Figure, each of the timers or counters may also be provided with an adjustment key to increase or decrease a pre-set value of the timer or counter. Similarly, each of the timers or counters may be provided with a reset button, which may be utilized to reset the timer or counter when a workout routine is completed or prematurely stopped.”); a set count button configured for being depressed for selecting the preset value of the count to be reached prior to the microprocessor actuating the notification module (Refer to Keith Col 3 Lines 39-51:” As shown in the Figure, each of the timers or counters may also be provided with an adjustment key to increase or decrease a pre-set value of the timer or counter. Similarly, each of the timers or counters may be provided with a reset button, which may be utilized to reset the timer or counter when a workout routine is completed or prematurely stopped.”); an audio activation button 13 configured for being depressed for selectively actuating the speaker (Refer to Min Fig. 3 Col 2 Lines 34-39:” That is, the display unit 10 is equipped with a flat display screen 11 displaying images, a power switch 12 for turning on/off, the flat panel display device and a volume element 13 for controlling the volume relating to the images displayed on the flat display screen 11 at a vessel plate of a lower part of the flat display screen 11. “) such that the speaker is enabled for emitting the audio signal when the count of motion events reaches the preset value (Refer to Keith Fig. 1 Col 5 Lines 4-14:” Although not shown in the Figure, the interval timing device 100 may be provided with numerous visual and audio indicators, for example, alarms, blinking lights, etc. to notify the user of when certain time periods or counts have been reached.”..The Office takes the position that it would have been obvious to provide a audio activation button since Min teaches that such buttons are known in the art for devices that make audio sounds to turn on or off the volume); a memory command button configured for being depressed for signaling the microprocessor for sending the count of motion events to the data storage module (Refer to Col 4 Lines 29-31:” The exercise hold timer/counter 130 may be capable of recording or storing numerous counts, times, or combinations thereof for a plurality of exercises within an exercise set.”..The Office takes the position that such button is inherent since the device of Keith allows for the counts to be stored and/or such modification to provide a button would have been within the knowledge of one of ordinary skill in the art at the time as shown by all the buttons taught by Keith, Min, and Booker-bell and does not patentably distinguish the invention over prior arts); and a volume control button 13 configured for being depressed for setting a volume of the speaker (Refer to Min Fig. 3 Col 2 Lines 34-39:” That is, the display unit 10 is equipped with a flat display screen 11 displaying images, a power switch 12 for turning on/off, the flat panel display device and a volume element 13 for controlling the volume relating to the images displayed on the flat display screen 11 at a vessel plate of a lower part of the flat display screen 11.”..the Office takes the position that the big button is the audio activation and the smaller arrows are volume controls, such volume control buttons are common and known in the art as shown by Min and does not patentably distinguish the invention over the prior arts); and further including: the battery 315 being rechargeable (Refer to Booker-Bell Fig. 7 Paragraph [0040]:” As shown, the power supply unit 315 is configured to supply power to the remote control system 200 and may include one or more replaceable or rechargeable battery pack. According to one embodiment, the battery pack may be a 12V rechargeable battery pack and include one or more lithium-type batteries along with a protection board for safely recharging the batteries.”); a port 317 attached to the housing, positioned in the interior space, and operationally engaged to the battery 315; and a charging cord having a first plug complementary to the port and a second plug complementary to an outlet of a source of electrical current, such that the first plug is selectively insertable into the port for operationally engaging the charging cord to the battery, and wherein the second plug is configured for selective insertion into the outlet for operationally engaging the battery to the source of electrical current for charging the battery (Refer to Booker-Bell Paragraph [0040]:” The power supply unit 315 further includes a connector 317 (e.g., a female barrel connector) for receiving a recharging cord 318 to be inserted therein in and connecting to an external power source for recharging purposes. The recharging cord may be for example, a 12 volt (V) 3 amp (A) charging cord with a male connector for connection to the connector 317 of the power supply unit 315.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attach list of references cited for prior arts pertinent to claimed and unclaimed subject matter.
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/NYCA T NGUYEN/ Primary Examiner, Art Unit 3784