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 .
DETAILED ACTION
Response to Amendment
Applicant's amendment filed on 10/20/2025 have been entered and fully considered. Claims 1, 11 and 15 are amended, claim 4 is canceled, and claims 1-3 and 5-15 are currently pending.
Applicant's amendment with respect to claim 11 has been fully considered, thus claim objections have been withdrawn. However additional claim objections have been raised based on Applicant’s amendment. Please refer to the section “Claims Objections” below for details.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 5-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 7, 10, and 11 are objected to because of the following informalities:
Claim 7 recites “an input being in communication with the processor to control the processor” on lines 1-2. Examiner noticed that a newly added limitation in claim 1 recites “an input being in communication with the processor to control the processor” on lines 22-23, therefore Examiner suggest delete this seemingly repeating limitation. Similar objection is given to claims 10 and 11.
Claim 10 recites “a sound emitter being mounted to the housing and being in communication with the processor on lines 1-2. Examiner noticed that a newly added limitation in claim 1 recites “a sound emitter being mounted to the housing and being in communication with the processor” on lines 19-20, therefore Examiner suggests delete this seemingly repeating limitation.
Appropriate correction is required.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-3 and 5-15 are rejected under 35 U.S.C. 103 as being unpatentable over Reimer (US 20170006101 A1), in view of Baldree (US 20200245124 A1).
Regarding claim 1, Reimer teaches a system (Figure 20 and Paragraph 0310; smartwatch 2000) comprising:
a housing (Figure 20 and Paragraph 0310; case body 2002) having a top wall (Figure 20 and Paragraph 0310; top surface [interpreted as wall]), a bottom wall (Figure 23 and Paragraph 0272; Examiner asserts the surface opposite the top wall may be interpreted as a bottom wall), and a perimeter wall (Figure 23 and Paragraph 0272; surrounding surface between the top and bottom surface. Examiner asserts that the surface where buttons 2010 and 2012 are located may be interpreted as a perimeter wall), the perimeter wall being coupled to and extending between the top wall and the bottom wall (Figure 23 and Paragraph 0272; the perimeter wall is coupled to and extending between the top wall and the bottom wall for an enclosed case 2002);
a strap being coupled to and forming a closed loop with the housing (Figure 20 and Paragraph 0312; first strap 2006 and second strap 2008 may connect to opposite sides of case body 2002. In an embodiment, the ends of straps 2006, 2008 may have a fastening mechanism, such as buckle, clasp, buttons, magnetic fasteners, snaps, or Velcro strips, allowing the ends of the straps 2006, 2008 to connect together), the closed loop having a size such that the closed loop is configured for receiving a wrist of an individual (Figure 20 and paragraph 0312; the straps 2006, 2008 may wrap around a portion of a wrist, arm, leg, chest, or other portion of a user's body to secure the case body 2002 to the user. In an embodiment, the ends of straps 2006, 2008 may have a fastening mechanism, such as buckle, clasp, buttons, magnetic fasteners, snaps, or Velcro strips, allowing the ends of the straps 2006, 2008 to connect together);
a processor mounted in the housing (Figures 16 and 20, Paragraph 0311; case body 2002 is the enclosure for the components of smartwatch 2000, such as computing and processing elements);
a display screen being mounted to the top wall of the housing (Figure 20 and Paragraph 0311; case body 2002 may include a display screen 2012 that is surrounded around the screen's border by a bezel 2004. In an embodiment, the display screen 2012 may form the face of case body 2002) and being in communication with the processor (Figure 20 and Paragraph 0311; case body 2002 is the enclosure for the components of smartwatch 2000, such as computing and processing elements and display screen. Examiner asserts that the display screen is in communication with the processor in order to display time and program icon as shown in Figure 20), the processor being programmed to cause the display screen to display a time (Figure 20 and Paragraph 0310; display screen may display time, such as shown in Figure 20, the time displayed is 11:28, Tuesday, November 11);
a global positioning system (GPS) module being in communication with the processor (Figure 22 and Paragraph 0324; a smartphone 2200 may include GPS receiver 2238 and coupled to baseband radio processor 2243, which in turn is communicative with processor system 2202), the GPS module being configured for communicating a location signal indicative of a location of the individual to the processor (Figure 22 and Paragraph 0325; processor system 2202 may also process GPS signals or other location identifying signals to determine a location);
a transceiver being in communication with the processor (Figure 22 and Paragraph 0346; cellular network RF circuitry 2248 is a RF transceiver integrated circuit package. The cellular RF circuitry 2248 may have a frequency up-converter and a down converter. The frequency upconverter upconverts the uplink signal from the baseband radio processor system 2242 into the radiation band of the antenna 2250. The RF down-converter translates the downlink signal from the radiation band of antenna 2250 into a lower frequency suitable for input to the baseband radio processor system 2242. The cellular RF circuitry 2248 is in communication with baseband radio processor 2242, which in turn is in communication with processor system 2202);
a remote electronic device in communication with the transceiver (Paragraph 0358; in call mode, the smartwatch is operating as a mobile telephone device, where the user can have real time audio conversation with another remote user during a cellular telephone call);
a sound emitter being mounted to the housing (Figure 22 and Paragraph 0324; smartphone may include speaker system 2228) and being in communication with the processor (Figure 22 and Paragraph 0324; speaker system 2228 is in communication with audio codec 2222, which in turn is in communication with processor system), the processor being programmed to selectively cause the sound emitter to emit an audible alarm (Figure 22 and Paragraph 0313; there may be other buttons for setting an alert. Paragraph 0284; clock 1712 may include all of the functions of a normal clock, such as provide alarms at the user’s choosing); and
an input being in communication with the processor to control the processor (Figure 22 and Paragraph 0327; input system 2206 may include any of a variety of input mechanisms, such as keys, buttons, touch pads, virtual keypad on a touch screen, ports for optically or electronically downloading information from other machines. The button may initiate an event stamp function, which may include the collection of event identifying information. Additionally, the button may cause a picture to be taken and stored in association with the time. Alternatively, the button may cause processor 2202 to collect GPS or other location information, which is then stored in association with the time. The button may also cause processor 2202 to access a database containing more information related to the identifying information stored).
Reimer does not explicitly teach an emergency locating system; the processor being programmed to selectively cause the transceiver to transmit the location signal to the remote electronic device; and the input being actuatable to perform an emergency alert function wherein the processor cause the sound emitter to sound the audible alarm and cause the transceiver to transmit the location signal to the remote electronic device, the input comprising a first button positioned on a first corner of the perimeter wall and a second button positioned on a second corner of the perimeter wall directly and diagonally opposite of the first button wherein the first button and the second button are configured for being compressed towards each other to press said first button and said second button simultaneously. In an analogous art, Baldree teaches an emergency locating system (Paragraphs 0073, 0074 and 0132; alarm device 112 may be configured to direct the mobile phone 200 to send a communication with images and position to emergency response center); the processor being programmed to selectively cause the transceiver to transmit the location signal to the remote electronic device (Paragraphs 0006, 0118 and 0132; in response to user input to activate the alarm device, initiate communication that include location information (e.g., GPS data) is transmitted to one or more contacts previously identified by the user (e.g., family member, emergency services, 911, etc.)); and the input being actuatable to perform an emergency alert function (Paragraphs 0006, 0118 and 0132; alarm device is activated based on detecting that the user input has been actuated, such as simultaneously press first button and second button) wherein the processor cause the sound emitter to sound the audible alarm (Paragraph 0100; the switch [such as the first and second button as disclosed in Paragraph 0118] may activate a different type of alarm. For example, the mobile device accessory 100L may respond to activation of the switch by initiating a silent alarm to alert one or more predetermined recipients (e.g., discretely sending a message to a preselected contact), while the mobile device accessory 100L may respond to separation of the connector 126L by initiating an audible alarm and alerting one or more predetermined recipients (e.g., set off a siren and send a message or place a phone call to police)) and cause the transceiver to transmit the location signal to the remote electronic device (Paragraphs 0006, 0118 and 0132; in response to user input to activate the alarm device, initiate communication that include location information (e.g., GPS data) is transmitted to one or more contacts previously identified by the user (e.g., family member, emergency services, 911, etc.)), the input comprising a first button positioned on a first lateral side of the perimeter wall (Figures 37A and 37B, Paragraphs 0006 and 0118; a switch 128M (e.g., a button) is arranged on a lateral side 3710a of the housing 102M) and a second button positioned on a second lateral side of the perimeter wall (Figures 37A and 37B, Paragraphs 0006 and 0118; a second switch 129M (e.g., a button) is arranged on a lateral side 3710b of the housing 102M) directly opposite of the first button (Figures 37A and 37B and Paragraph 0118; buttons 128M and 129M are directly opposite of each other) wherein the first button and the second button are configured for being compressed towards each other to press said first button and said second button simultaneously (Figures 37A and 37B, Paragraphs 0006 and 0118; the switch 128M and the switch 129M are pressed substantially simultaneously. For example, in the illustrated configuration, a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm). Baldree teaches the above claimed limitations except for the location of first and second buttons are at a first and second corner and are arranged diagonally opposite of each other. It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to position the first button and second button at direct opposite lateral side, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, page 5 line 10 – page 6 line 6, applicant has not disclosed any criticality for the claimed limitations. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Reimer and Baldree because a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm, thereby reducing a likelihood of false alarms due to accidental actuation of a single button (Baldree, Paragraph 0006).
Regarding claim 2, the combination of Reimer and Baldree teaches all of the limitations of claim 1, as described above. Further, Reimer teaches wherein the strap has a break therein defining a pair of strap segments, the pair of strap segments being releasably couplable to each other (Figure 20 and Paragraph 0312; first strap 2006 and second strap 2008 may connect to opposite sides of case body 2002, allowing a user to wear the smartwatch 2000 around a portion of a wrist. In an embodiment, the ends of straps 2006, 2008 may have a fastening mechanism, such as buckle, clasp, buttons, magnetic fasteners, snaps, or Velcro strips, allowing the ends of the straps 2006, 2008 to connect together. In an embodiment, the case body 2002 may have lugs that connect to the ends of the straps 2006, 2008).
Regarding claim 3, the combination of Reimer and Baldree teaches all of the limitations of claim 2, as described above. Further, Reimer teaches wherein the pair of segments are releasably couplable to each other via a snap connection (Figure 20 and Paragraph 0312; first strap 2006 and second strap 2008 may connect to opposite sides of case body 2002. In an embodiment, the ends of straps 2006, 2008 may have a fastening mechanism, such as snaps, allowing the ends of the straps 2006, 2008 to connect together).
Regarding claim 5, the combination of Reimer and Baldree teaches all of the limitations of claim 1, as described above. Further, Reimer teaches further comprising a camera being mounted to the housing (Figure 22 and Paragraph 0318; phone enclosure encases the computing elements and camera) and being in communication with the processor (Figure 22 and Paragraph 0318; camera system 2208 is communicative to processor system), the processor being programmed to selectively cause the camera to capture images (Paragraph 0048; event stamp function may cause a recording of an excerpt of a broadcast (including images and/or sound), sounds and/or images of the location at which the event function is implemented, and/or a voice annotation. Paragraph 0194; device activates the event stamp function that may be collected may include location information including GPS coordinates, voice and images).
Regarding claim 6, the combination of Reimer and Baldree teaches all of the limitations of claim 5, as described above. Further, Baldree teaches wherein the processor is programmed to selectively cause the transceiver to transmit the images to the remote electronic device (Paragraphs 0118 and 0132; an alarm device is activated based on detecting that the user input has been actuated. In some embodiments, activating the alarm device can include transmitting an alarm signal; and wherein the process 4600 can also include receiving, by mobile device, the alarm signal, and sending, by the mobile device and in response to the receiving the alarm signal, a predetermined communication to one or more predefined recipients, such as initiate a call, send a text message, email, captured audio and/or video, location information (e.g., GPS data), or any other appropriate information to one or more contacts previously identified by the user (e.g., family member, friend, neighbor, doctor, nurse, caregiver, welfare official, emergency services, 911). Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Reimer and Baldree because a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm, thereby reducing a likelihood of false alarms due to accidental actuation of a single button (Baldree, Paragraph 0006).
Regarding claim 7, the combination of Reimer and Baldree teaches all of the limitations of claim 6, as described above. Further, Reimer teaches further comprising an input being in communication with the processor to control the processor (Figure 22 and Paragraph 0324; smartphone may include an input system 2206 communicative with processor system).
In addition, Baldree teaches the input being actuatable to perform a capture-and-send function wherein the processor causes the camera to capture an image and causes the transceiver to transmit the image to the remote electronic device (Paragraphs 0009, 0118 and 0132; in response to the activation, a communication to one or more recipients. The operations can also include sending one or more predetermined messages to one or more predetermined recipients. The predetermined message can include one or more of: a distress message, positioning coordinates, audio captured by mobile device, and video captured by the mobile device. Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Reimer and Baldree because a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm, thereby reducing a likelihood of false alarms due to accidental actuation of a single button (Baldree, Paragraph 0006).
Regarding claim 8, the combination of Reimer and Baldree teaches all of the limitations of claim 1, as described above. Further, Reimer teaches further comprising a microphone being mounted to the housing (Figure 22 and Paragraph 0324; smartphone may include microphone system 2226) and being in communication with the processor (Figure 22 and Paragraph 0324; microphone system 2226 being in communication with audio codec 2222, which in turn is communicative with processor system), the processor being programmed to selectively cause the microphone to capture an audio signal (Figure 22 and Paragraph 0339; microphone system 2226 is for the user to speak into when making an audio recording, making a telephone call, asking a question, or calling out a voice command).
Regarding claim 9, the combination of Reimer and Baldree teaches all of the limitations of claim 8, as described above. Further, Baldree teaches wherein the processor is programmed to selectively cause the transceiver to transmit the audio signal to the remote electronic device (Paragraphs 0118 and 0132; an alarm device is activated based on detecting that the user input has been actuated. In some embodiments, activating the alarm device can include transmitting an alarm signal; and wherein the process 4600 can also include receiving, by mobile device, the alarm signal, and sending, by the mobile device and in response to the receiving the alarm signal, a predetermined communication to one or more predefined recipients, such as initiate a call, send a text message, email, to transmit captured audio and/or video, location information (e.g., GPS data), or any other appropriate information to one or more contacts previously identified by the user (e.g., family member, friend, neighbor, doctor, nurse, caregiver, welfare official, emergency services, 911). Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Reimer and Baldree because a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm, thereby reducing a likelihood of false alarms due to accidental actuation of a single button (Baldree, Paragraph 0006).
Regarding claim 10, the combination of Reimer and Baldree teaches all of the limitations of claim 9, as described above. Further, Reimer teaches further comprising: a sound emitter being mounted to the housing (Figure 22 and Paragraph 0324; smartphone may include speaker system 2228) and being in communication with the processor (Figure 22 and Paragraph 0324; speaker system 2228 is in communication with audio codec 2222, which in turn is in communication with processor system); a camera being mounted to the housing (Figure 22 and Paragraph 0318; phone enclosure encases the computing elements and camera) and being in communication with the processor, the processor being programmed to selectively cause the camera to capture images (Paragraph 0048; event stamp function may cause a recording of an excerpt of a broadcast (including images and/or sound), sounds and/or images of the location at which the event function is implemented, and/or a voice annotation. Paragraph 0194; device activates the event stamp function that may be collected may include location information including GPS coordinates, voice and images); and an input being in communication with the processor to control the processor (Figure 22 and Paragraph 0324; smartphone may include an input system 2206 communicative with processor system); and causes the sound emitter to emit an audio stream received from the remote electronic device (Figure 22 and Paragraph 0339; microphone system 2226 is for the user to speak into when making an audio recording, making a telephone call, asking a question, or calling out a voice command).
In addition, Baldree teaches the input being actuatable (Paragraphs 0006, 0118 and 0132; the switch 128M and the switch 129M are pressed substantially simultaneously. For example, in the illustrated configuration, a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm) to perform a chat function wherein the processor causes the transceiver to transmit the images and the audio signal to the remote electronic device (Paragraphs 0118 and 0132; an alarm device is activated based on detecting that the user input has been actuated. In some embodiments, activating the alarm device can include transmitting an alarm signal; and wherein the process 4600 can also include receiving, by mobile device, the alarm signal, and sending, by the mobile device and in response to the receiving the alarm signal, a predetermined communication to one or more predefined recipients, such as initiate a call, send a text message, email, captured audio and/or video, location information (e.g., GPS data), or any other appropriate information to one or more contacts previously identified by the user (e.g., family member, friend, neighbor, doctor, nurse, caregiver, welfare official, emergency services, 911). Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Reimer and Baldree because a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm, thereby reducing a likelihood of false alarms due to accidental actuation of a single button (Baldree, Paragraph 0006).
Regarding claim 11, the combination of Reimer and Baldree teaches all of the limitations of claim 1, as described above. Further, Reimer teaches further comprising an input being in communication with the processor to control the processor (Figure 22 and Paragraph 0324; smartphone may include an input system 2206 communicative with processor system) wherein the perimeter wall (Figure 23 and Paragraph 0272; surrounding surface between the top and bottom surface. Examiner asserts that the surface where buttons 2010 and 2012 are located may be interpreted as a perimeter wall) comprises a first section and a second section being positioned opposite each other (Figure 20 and Paragraph 0312; first section may be interpreted as the section where first strap 2006 is connected to, and second section may be interpreted as the section where second strap 2008 is connected to, wherein the first section and second section are positioned opposite of each other), the perimeter wall comprising a third section and a fourth section being positioned opposite each other (Figure 20 and Paragraph 0313; third section may be interpreted as the section where action button 2010 is located, and fourth section may be interpreted on the last section of the perimeter wall. Wherein the third section and fourth section are positioned opposite of each other), each of the third section and the fourth section being coupled to and extending between the first section and the second section (Figure 20; third section and fourth section is coupled to and extended between the first and the second section).
Regarding claim 12, the combination of Reimer and Baldree teaches all of the limitations of claim 11, as described above. Further, Reimer teaches wherein the strap is coupled to and extends between the first section and the second section of the perimeter wall (Figure 20 and Paragraph 0312; first strap 2006 and second strap 2008 may connect to opposite sides of case body 2002. Examiner asserts first strap is coupled to and extends from the top/first section of the perimeter wall and second strap is coupled to and extends from the bottom/second section of the perimeter wall).
Regarding claim 13, the combination of Reimer and Baldree teaches all of the limitations of claim 1, as described above. Further, Reimer teaches further comprising a power supply being electrically coupled to the processor (Figure 22 and Paragraph 0324; smartphone comprises battery connection 2218, the battery connection is coupled to a power management unit, which in turn is coupled to the processor system).
Regarding claim 14, the combination of Reimer and Baldree teaches all of the limitations of claim 13, as described above. Further, Reimer teaches wherein the power supply comprises a battery (Figure 22 and Paragraph 0324; smartphone comprises battery connection 2218).
Regarding claim 15, Reimer teaches a system (Figure 20 and Paragraph 0310; smartwatch 2000) comprising:
a housing (Figure 20 and Paragraph 0310; case body 2002) having a top wall (Figure 20 and Paragraph 0310; top surface [interpreted as wall]), a bottom wall (Figure 23 and Paragraph 0272; Examiner asserts the surface opposite the top wall may be interpreted as a bottom wall), and a perimeter wall (Figure 23 and Paragraph 0272; surrounding surface between the top and bottom surface. Examiner asserts that the surface where buttons 2010 and 2012 are located may be interpreted as a perimeter wall), the perimeter wall being coupled to and extending between the top wall and the bottom wall (Figure 23 and Paragraph 0272; the perimeter wall is coupled to and extending between the top wall and the bottom wall for an enclosed case 2002), the perimeter wall comprising a first section and a second section being positioned opposite each other (Figure 20 and Paragraph 0312; first section may be interpreted as the section where first strap 2006 is connected to, and second section may be interpreted as the section where second strap 2008 is connected to, wherein the first section and second section are positioned opposite of each other), the perimeter wall comprising a third section and a fourth section being positioned opposite each other (Figure 20 and Paragraph 0313; third section may be interpreted as the section where action button 2010 is located, and fourth section may be interpreted on the last section of the perimeter wall. Wherein the third section and fourth section are positioned opposite of each other), each of the third section and the fourth section being coupled to and extending between the first section and the second section (Figure 20; third section and fourth section is coupled to and extended between the first and the second section);
a strap being coupled to and forming a closed loop with the housing (Figure 20 and Paragraph 0312; first strap 2006 and second strap 2008 may connect to opposite sides of case body 2002. In an embodiment, the ends of straps 2006, 2008 may have a fastening mechanism, such as buckle, clasp, buttons, magnetic fasteners, snaps, or Velcro strips, allowing the ends of the straps 2006, 2008 to connect together), the closed loop having a size such that the closed loop is configured for receiving a wrist of an individual (Figure 20 and paragraph 0312; The straps 2006, 2008 may wrap around a portion of a wrist, arm, leg, chest, or other portion of a user's body to secure the case body 2002 to the user. In an embodiment, the ends of straps 2006, 2008 may have a fastening mechanism, such as buckle, clasp, buttons, magnetic fasteners, snaps, or Velcro strips, allowing the ends of the straps 2006, 2008 to connect together), the strap having a break therein defining a pair of strap segments, the pair of strap segments being releasably couplable to each other via a snap connection (Figure 20 and Paragraph 0312; first strap 2006 and second strap 2008 may connect to opposite sides of case body 2002, allowing a user to wear the smartwatch 2000 around a portion of a wrist. In an embodiment, the ends of straps 2006, 2008 may have a fastening mechanism, such as buckle, clasp, buttons, magnetic fasteners, snaps, or Velcro strips, allowing the ends of the straps 2006, 2008 to connect together. In an embodiment, the case body 2002 may have lugs that connect to the ends of the straps 2006, 2008), the strap being coupled to and extending between the first section and the second section of the perimeter wall (Figure 20 and Paragraph 0312; in an embodiment, the case body 2002 may have lugs that connect to the ends of the straps 2006, 2008);
a processor mounted in the housing (Figures 16 and 20, Paragraph 0311; case body 2002 is the enclosure for the components of smartwatch 2000, such as computing and processing elements);
a display screen being mounted to the top wall of the housing (Figure 20 and Paragraph 0311; case body 2002 may include a display screen 2012 that is surrounded around the screen's border by a bezel 2004. In an embodiment, the display screen 2012 may form the face of case body 2002) and being in communication with the processor (Figure 20 and Paragraph 0311; case body 2002 is the enclosure for the components of smartwatch 2000, such as computing and processing elements and display screen. Examiner asserts that the display screen is in communication with the processor in order to display time and program icon as shown in Figure 20), the processor being programmed to cause the display screen to display a time (Figure 20 and Paragraph 0310; display screen may display time, such as shown in Figure 20, the time displayed is 11:28, Tuesday, November 11);
a sound emitter being mounted to the housing (Figure 22 and Paragraph 0324; smartphone may include speaker system 2228) and being in communication with the processor (Figure 22 and Paragraph 0324; speaker system 2228 is in communication with audio codec 2222, which in turn is in communication with processor system), the processor being programmed to selectively cause the sound emitter to emit an audible alarm (Figure 22 and Paragraph 0313; there may be other buttons for setting an alert. Paragraph 0284; clock 1712 may include all of the functions of a normal clock, such as provide alarms at the user’s choosing), the sound emitter being positioned on the third section of the perimeter wall (Figure 21 and Paragraphs 0316 and 0320; the smartphone may have a speakerphone speaker separate from the earpiece speaker. The earpiece speaker is located on the first surface, the speakerphone may be located in any reasonable location, which may be positioned on the bottom/third section of the perimeter wall);
a global positioning system (GPS) module being in communication with the processor (Figure 22 and Paragraph 0324; a smartphone 2200 may include GPS receiver 2238 and coupled to baseband radio processor 2243, which in turn is communicative with processor system 2202), the GPS module being configured for communicating a location signal indicative of a location of the individual to the processor (Figure 22 and Paragraph 0325; processor system 2202 may also process GPS signals or other location identifying signals to determine a location);
a camera being mounted to the housing (Figure 22 and Paragraph 0318; phone enclosure encases the computing elements and camera) and being in communication with the processor (Figure 22 and Paragraph 0318; camera system 2208 is communicative to processor system), the processor being programmed to selectively cause the camera to capture images (Paragraph 0048; event stamp function may cause a recording of an excerpt of a broadcast (including images and/or sound), sounds and/or images of the location at which the event function is implemented, and/or a voice annotation. Paragraph 0194; device activates the event stamp function that may be collected may include location information including GPS coordinates, voice and images), the camera being positioned on the top wall adjacent to the third section of the perimeter wall (Figure 21 and Paragraph 0321; camera lens 2110 is located on the top surface/wall, and may be located in any reasonable location, which may be adjacent to the third section of the perimeter wall);
a microphone being mounted to the housing (Figure 22 and Paragraph 0324; smartphone may include microphone system 2226) and being in communication with the processor (Figure 22 and Paragraph 0324; microphone system 2226 being in communication with audio codec 2222, which in turn is communicative with processor system), the processor being programmed to selectively cause the microphone to capture an audio signal (Figure 22 and Paragraph 0339; microphone system 2226 is for the user to speak into when making an audio recording, making a telephone call, asking a question, or calling out a voice command), the microphone being positioned on the fourth section of the perimeter wall (Figure 22 and Paragraph 0324; microphone may be located in any reasonable location, and may be positioned on the fourth section of the perimeter wall);
a transceiver being in communication with the processor (Figure 22 and Paragraph 0346; cellular network RF circuitry 2248 is a RF transceiver integrated circuit package. The cellular RF circuitry 2248 may have a frequency up-converter and a down converter. The frequency upconverter upconverts the uplink signal from the baseband radio processor system 2242 into the radiation band of the antenna 2250. The RF down-converter translates the downlink signal from the radiation band of antenna 2250 into a lower frequency suitable for input to the baseband radio processor system 2242. The cellular RF circuitry 2248 is in communication with baseband radio processor 2242, which in turn is in communication with processor system 2202);
a remote electronic device in communication with the transceiver (Paragraph 0358; in call mode, the smartwatch is operating as a mobile telephone device, where the user can have real time audio conversation with another remote user during a cellular telephone call);
an input being in communication with the processor to control the processor (Figure 22 and Paragraph 0327; input system 2206 may include any of a variety of input mechanisms, such as keys, buttons, touch pads, virtual keypad on a touch screen, ports for optically or electronically downloading information from other machines. The button may initiate an event stamp function, which may include the collection of event identifying information. Additionally, the button may cause a picture to be taken and stored in association with the time. Alternatively, the button may cause processor 2202 to collect GPS or other location information, which is then stored in association with the time. The button may also cause processor 2202 to access a database containing more information related to the identifying information stored) wherein the processor causes the sound emitter to sound the audible alarm (Figure 22 and Paragraph 0324; smartphone may include speaker system 2228), and cause the sound emitter to emit an audio stream received from the remote electronic device (Paragraph 0358; in call mode, the smartwatch is operating as a mobile telephone device, where the user can have real time audio conversation with another remote user during a cellular telephone call), the input comprising a first button (Figure 16 and Paragraph 0272; event stamp button 1603) positioned on a first lateral side of the perimeter wall (Figure 16 and Paragraph 0272; the event stamp button 1603 is located on a side surface / perimeter wall. The event stamp button could be located in a corner) positioned between the first section and the fourth section (Figure 16; event stamp button 1603 may be located in any reasonable location, and could be located in a corner between first and fourth section) and a second button (Figure 20 and Paragraph 0313; action button 2010) positioned on a second lateral of the perimeter wall positioned between the second section and the third section (Figure 20; action button 2010 is positioned on the perimeter wall. The action button 2010 could be located in any reasonable location, and could be positioned on a second corner between the second and third section); and
a power supply being electrically coupled to the processor, the power supply comprising a battery (Figure 22 and Paragraph 0324; smartphone comprises battery connection 2218, the battery connection is coupled to a power management unit, which in turn is coupled to the processor system).
Reimer does not explicitly teach an emergency locating system; the processor being programmed to selectively cause the transceiver to transmit the location signal to the remote electronic device, the processor being programmed to selectively cause the transceiver to transmit the images to the remote electronic device, the processor being programmed to selectively cause the transceiver to transmit the audio signal to the remote electronic device; the input being actuatable to perform an emergency alert function wherein the processor causes the sound emitter to sound the audible alarm and causes the transceiver to transmit the location signal to the remote electronic device, the input being actuatable to perform a capture-and-send function wherein the processor causes the camera to capture an image and causes the transceiver to transmit the image to the remote electronic device, the input being actuatable to perform a chat function wherein the processor causes the transceiver to transmit the images and the audio signal to the remote electronic device, causes the display screen to display a video stream received from the remote electronic device; and the input comprising a first button positioned on a first corner of the perimeter wall and a second button positioned on a second corner of the perimeter wall directly and diagonally opposite of the first button wherein the first button and the second button are configured for being compressed towards each other to press said first button and said second button simultaneously. In an analogous art, Baldree teaches an emergency locating system (Paragraphs 0073, 0074 and 0132; alarm device 112 may be configured to direct the mobile phone 200 to send a communication with images and position to emergency response center); the processor being programmed to selectively cause the transceiver to transmit the location signal to the remote electronic device (Paragraphs 0006, 0118 and 0132; in response to user input to activate the alarm device, initiate communication that include location information (e.g., GPS data) is transmitted to one or more contacts previously identified by the user (e.g., family member, emergency services, 911, etc.)), the processor being programmed to selectively cause the transceiver to transmit the images to the remote electronic device (Paragraphs 0118 and 0132; an alarm device is activated based on detecting that the user input has been actuated. In some embodiments, activating the alarm device can include transmitting an alarm signal; and wherein the process 4600 can also include receiving, by mobile device, the alarm signal, and sending, by the mobile device and in response to the receiving the alarm signal, a predetermined communication to one or more predefined recipients, such as initiate a call, send a text message, email, captured audio and/or video, location information (e.g., GPS data), or any other appropriate information to one or more contacts previously identified by the user (e.g., family member, friend, neighbor, doctor, nurse, caregiver, welfare official, emergency services, 911). Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video), the processor being programmed to selectively cause the transceiver to transmit the audio signal to the remote electronic device (Paragraphs 0009, 0118 and 0132; in response to the activation, a communication to one or more recipients. The operations can also include sending one or more predetermined messages to one or more predetermined recipients. The predetermined message can include one or more of: a distress message, positioning coordinates, audio captured by mobile device, and video captured by the mobile device. Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video); the input being actuatable to perform an emergency alert function (Paragraphs 0006, 0118 and 0132; alarm device is activated based on detecting that the user input has been actuated, such as simultaneously press first button and second button) wherein the processor causes the sound emitter to sound the audible alarm (Paragraph 0100; the switch [such as the first and second button as disclosed in Paragraph 0118] may activate a different type of alarm. For example, the mobile device accessory 100L may respond to activation of the switch by initiating a silent alarm to alert one or more predetermined recipients (e.g., discretely sending a message to a preselected contact), while the mobile device accessory 100L may respond to separation of the connector 126L by initiating an audible alarm and alerting one or more predetermined recipients (e.g., set off a siren and send a message or place a phone call to police)) and causes the transceiver to transmit the location signal to the remote electronic device (Paragraphs 0006, 0118 and 0132; in response to user input to activate the alarm device, initiate communication that include location information (e.g., GPS data) is transmitted to one or more contacts previously identified by the user (e.g., family member, emergency services, 911, etc.)), the input being actuatable to perform a capture-and-send function wherein the processor causes the camera to capture an image and causes the transceiver to transmit the image to the remote electronic device (Paragraphs 0009, 0118 and 0132; in response to the activation, a communication to one or more recipients. The operations can also include sending one or more predetermined messages to one or more predetermined recipients. The predetermined message can include one or more of: a distress message, positioning coordinates, audio captured by mobile device, and video captured by the mobile device. Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video), the input being actuatable (Paragraphs 0006, 0118 and 0132; alarm device is activated based on detecting that the user input has been actuated, such as simultaneously press first button and second button) to perform a chat function wherein the processor causes the transceiver to transmit the images and the audio signal to the remote electronic device (Paragraphs 0118 and 0132; an alarm device is activated based on detecting that the user input has been actuated. In some embodiments, activating the alarm device can include transmitting an alarm signal; and wherein the process 4600 can also include receiving, by mobile device, the alarm signal, and sending, by the mobile device and in response to the receiving the alarm signal, a predetermined communication to one or more predefined recipients, such as initiate a call, send a text message, email, captured audio and/or video, location information (e.g., GPS data), or any other appropriate information to one or more contacts previously identified by the user (e.g., family member, friend, neighbor, doctor, nurse, caregiver, welfare official, emergency services, 911). Paragraphs 0063 and 0074; in response to one or more activation, cause the phone to transmit a message, emit sound, take photos or begin recording video), causes the display screen to display a video stream received from the remote electronic device (Paragraphs 0118 and 0132; when an alarm device is activated, initiate a call, send a text message, email, media file, media stream, location information, captured audio and/or video, or any other appropriate information to one or more contacts previously identified by the user); and the input comprising a first button positioned on a first lateral side of the perimeter wall (Figures 37A and 37B, Paragraphs 0006 and 0118; a switch 128M (e.g., a button) is arranged on a lateral side 3710a of the housing 102M) and a second button positioned on a second lateral side of the perimeter wall (Figures 37A and 37B, Paragraphs 0006 and 0118; a second switch 129M (e.g., a button) is arranged on a lateral side 3710b of the housing 102M) directly opposite of the first button (Figures 37A and 37B and Paragraph 0118; buttons 128M and 129M are directly opposite of each other) wherein the first button and the second button are configured for being compressed towards each other to press said first button and said second button simultaneously (Figures 37A and 37B, Paragraphs 0006 and 0118; the switch 128M and the switch 129M are pressed substantially simultaneously. For example, in the illustrated configuration, a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm). Baldree teaches the above claimed limitations except for the location of first and second buttons are at a first and second corner and are arranged diagonally opposite of each other. It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to position the first button and second button at direct opposite lateral side, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, page 5 line 10 – page 6 line 6, applicant has not disclosed any criticality for the claimed limitations. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine the teachings of Reimer and Baldree because a user can squeeze the switch 128M and the switch 129M with two different fingers of one hand in order to activate an alarm, thereby reducing a likelihood of false alarms due to accidental actuation of a single button (Baldree, Paragraph 0006).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Booth et al. (US 20190069154 A1) discloses a wearable device monitors a wearer's physical activity and provides assistance to the wearer.
Trapero Martin (US 20220128950 A1) discloses an electronic device wearable on a wrist of a user and includes a housing forming an enclosed chamber, and further includes one or more sensors.
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 Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jing Gao/
jing.gao@uspto.gov
Art Unit 2647