DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
Previous 112 rejections withdrawn.
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.
Claim(s) 1, 4-5, 7, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Panneer (US 20200367816, and hereinafter “Panneer”), in view of McCurdy et al. (US 5471197 A, and hereinafter “McCurdy”).
Regarding claim 1, Panneer teaches a system (Abstract : a system) comprising:
a wearable security device (Fig. 1-6, [0042-0043], [0070] : smartwatch 200) comprising:
a main body (Fig. 1-6, [0042-0043], [0070] : housing 122) defining a first end (Fig. 1-6, [0154] : first end of housing 122) opposite a second end (Fig. 1-6, [0042-0043], [0070] : second end of housing 122 opposite of the first end of housing 122), an interior surface (Fig. 1-6, [0042-0043], [0070] : interior surface of housing 122) opposite an exterior surface (Fig. 1-6, [0042-0043], [0070] : exterior surface of housing 122 is opposite of the interior surface of housing 122) and both extending between the first end and the second end (Fig. 1-6, [0042-0043], [0070] : both interior and exterior surface of housing 122 extend between the first end and second end of housing 122), the main body comprising:
a display (Fig. 1-6, [0042-0043], [0070] : display 102) positioned on the exterior surface (Fig. 1-6, [0042-0043], [0070] : display 102 is positioned on the exterior surface of housing 122);
at least one magnet (Fig. 7, [0007], [0086] : magnets 136) positioned on a side surface extending between the first end, the second end, the interior surface and the exterior surface (Fig. 6-7, [0007], [0086] : magnets 136 is positioned on a side surface of housing 122 that extends between the first end, second end, interior surface and the exterior surface of housing 122);
at least one battery (Fig. 6-8, [0080] : battery 130) positioned proximal the at least one magnet (Fig. 6-8, [0080] : battery 130 is positioned proximal to the magnets 136) and housed within the main body (Fig. 6-8, [0080] : battery 130 is housed within the housing 122); and
a computing module (Fig. 6-8, 14, [0125-0126] : processor 1402) housed within the main body (Fig. 6-8, 14, [0125-0126] : processor 1402 is housed within the housing 122), wherein the computing module includes a processor and memory (Fig. 6-8, 14, [0125-0126] : processor 1402 includes microprocessor 1402, and memory 1404);
a band (Fig. 1-6, [0042-0043], [0070] : band 118) configured to extend from the first end to the second end for defining a void between the interior surface and the band (Fig. 1-6, [0042-0043], [0070] : band 118 extends from the first end to the second end of housing 122 for defining a void between the interior surface of housing 122 and band 118); and
a cable (Fig. 22, [0197-0200] : electrical component 2216 can be a wire) housed within the band (Fig. 22, [0197-0200] : electrical component 2216 is housed within the band 2206) and extending across an entire length of the band (Fig. 22, [0197-0200] : electrical component 2216 extends across an entire length of the band 2206).
However, Panneer does not teach that the system is a security system
the cable is a fiber optic cable; and
an emitter and a detector housed within the main body and in communication with the computing module, the fiber optic cable connected to the emitter on a first end of the fiber optic cable and the detector on a second end of the fiber optic cable, the emitter being configured to emit a signal through the fiber optic cable and the detector being configured to sense the signal emitted through the fiber optic cable by the emitter to detect tampering with the band.
McCurdy (US 5471197 A) teaches a security system (title mentions home arrest system) comprising:
a fiber optic cable (26, fig 2a) housed within the band (14, fig 2a) and extending across an entire length of the band (col 3 lines 23-25 recite ‘Once the strap 14 is secured in place, an optical path is created between the optical emitter 18 and the optical detector 20 via fiber optic cable 26’, since fig 1 shows elements 18 and 20 at opposite ends of the band, which means that element 26 runs across the entire length in order to create an optical path between 18 and 20); and
an emitter (18, fig 1) and a detector (20) housed within the main body and in communication with the computing module (col 2 lines 45-46 recite ‘circuit board 16 also has an optical emitter 18 and an optical detector 20 mounted thereon’), the fiber optic cable connected to the emitter on a first end of the fiber optic cable and the detector on a second end of the fiber optic cable (fig 1, col 3 lines 23-25 recite ‘Once the strap 14 is secured in place, an optical path is created between the optical emitter 18 and the optical detector 20 via fiber optic cable 26’), the emitter being configured to emit a signal through the fiber optic cable and the detector being configured to sense the signal emitted through the fiber optic cable by the emitter to detect tampering with the band (col 4 lines 24-26 recite ‘an optical fiber to enhance the reliability of a tamper detection scheme for the device’).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the arrangement as taught by McCurdy into the device of Panneer. The ordinary artisan would have been motivated to modify Panneer in the above manner for the purpose of monitoring personnel in a tamper-proof home arrest system (col 1 lines 31-38 indicate that fiber optics overcome some of the weaknesses of using electrical cable).
Regarding claim 4, Panneer in view of McCurdy teaches the system of claim 1, further comprising an accelerometer (Fig. 14, [0152] of Panneer : accelerometer of sensor system 1410 and motion sensor 1422) housed within the main body and in communication with the processor (Fig. 14, [0152] of Panneer : accelerometer of sensor system 1410 and motion sensor 1422 is housed within the housing 122, and is in communication with the processor 1402).
Regarding claim 5, Panneer in view of McCurdy teaches the system of claim 1, further comprising a microphone (Fig. 1-7, [0042-0043], [0066-0070] of Panneer : microphone 112) housed within the main body and in communication with the processor (Fig. 1-7, 14, [0042-0043], [0066-0070] of Panneer : microphone 112 is housed within the housing 122, and is in communication with the processor 1402).
Regarding claim 7, Panneer in view of McCurdy teaches the system of claim 1, wherein the device is in wireless communication with one or more remote computers or computing devices (Fig. 1-7, 14, [0042-0043], [0066-0070] of Panneer : smartwatch 100 includes transceivers to communicate with wireless devices 196).
Regarding claim 17, Panneer teaches a wearable security device (Fig. 1-6, [0042-0043], [0070] : smartwatch 200) comprising:
a main body (Fig. 1-6, [0042-0043], [0070] : housing 122) defining a first end (Fig. 1-6, [0154] : first end of housing 122) opposite a second end (Fig. 1-6, [0042-0043], [0070] : second end of housing 122 opposite of the first end of housing 122), an interior surface (Fig. 1-6, [0042-0043], [0070] : interior surface of housing 122) opposite an exterior surface (Fig. 1-6, [0042-0043], [0070] : exterior surface of housing 122 is opposite of the interior surface of housing 122) and both extending between the first end and the second end (Fig. 1-6, [0042-0043], [0070] : both interior and exterior surface of housing 122 extend between the first end and second end of housing 122), the main body comprising:
a display (Fig. 1-6, [0042-0043], [0070] : display 102) positioned on the exterior surface (Fig. 1-6, [0042-0043], [0070] : display 102 is positioned on the exterior surface of housing 122);
at least one magnet (Fig. 7, [0007], [0086] : magnets 136) positioned on a side surface extending between the first end, the second end, the interior surface and the exterior surface (Fig. 6-7, [0007], [0086] : magnets 136 is positioned on a side surface of housing 122 that extends between the first end, second end, interior surface and the exterior surface of housing 122);
at least one battery (Fig. 6-8, [0080] : battery 130) positioned proximal the at least one magnet (Fig. 6-8, [0080] : battery 130 is positioned proximal to the magnets 136) and housed within the main body (Fig. 6-8, [0080] : battery 130 is housed within the housing 122); and
a computing module (Fig. 6-8, 14, [0125-0126] : processor 1402) housed within the main body (Fig. 6-8, 14, [0125-0126] : processor 1402 is housed within the housing 122), wherein the computing module includes a processor and memory (Fig. 6-8, 14, [0125-0126] : processor 1402 includes microprocessor 1402, and memory 1404);
a band (Fig. 1-6, [0042-0043], [0070] : band 118) configured to extend from the first end to the second end for defining a void between the interior surface and the band (Fig. 1-6, [0042-0043], [0070] : band 118 extends from the first end to the second end of housing 122 for defining a void between the interior surface of housing 122 and band 118); and
a cable (Fig. 22, [0197-0200] : electrical component 2216 can be a wire) housed within the band (Fig. 22, [0197-0200] : electrical component 2216 is housed within the band 2206) and extending across an entire length of the band (Fig. 22, [0197-0200] : electrical component 2216 extends across an entire length of the band 2206).
However, Panneer does not teach that the cable is a fiber optic cable; and
an emitter and a detector housed within the main body and in communication with the computing module, the fiber optic cable connected to the emitter on a first end of the fiber optic cable and the detector on a second end of the fiber optic cable, the emitter being configured to emit a signal through the fiber optic cable and the detector being configured to sense the signal emitted through the fiber optic cable by the emitter to detect tampering with the band.
McCurdy (US 5471197 A) teaches a security system (title mentions home arrest system) comprising:
a fiber optic cable (26, fig 2a) housed within the band (14, fig 2a) and extending across an entire length of the band (col 3 lines 23-25 recite ‘Once the strap 14 is secured in place, an optical path is created between the optical emitter 18 and the optical detector 20 via fiber optic cable 26’, since fig 1 shows elements 18 and 20 at opposite ends of the band, which means that element 26 runs across the entire length in order to create an optical path between 18 and 20); and
an emitter (18, fig 1) and a detector (20) housed within the main body and in communication with the computing module (col 2 lines 45-46 recite ‘circuit board 16 also has an optical emitter 18 and an optical detector 20 mounted thereon’), the fiber optic cable connected to the emitter on a first end of the fiber optic cable and the detector on a second end of the fiber optic cable (fig 1, col 3 lines 23-25 recite ‘Once the strap 14 is secured in place, an optical path is created between the optical emitter 18 and the optical detector 20 via fiber optic cable 26’), the emitter being configured to emit a signal through the fiber optic cable and the detector being configured to sense the signal emitted through the fiber optic cable by the emitter to detect tampering with the band (col 4 lines 24-26 recite ‘an optical fiber to enhance the reliability of a tamper detection scheme for the device’).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the arrangement as taught by McCurdy into the device of Panneer. The ordinary artisan would have been motivated to modify Panneer in the above manner for the purpose of monitoring personnel in a tamper-proof home arrest system (col 1 lines 31-38 indicate that fiber optics overcome some of the weaknesses of using electrical cable).
Regarding claim 19, Panneer in view of McCurdy teaches the wearable safety device of claim 17, further comprising an accelerometer (Fig. 14, [0152] of Panneer : accelerometer of sensor system 1410 and motion sensor 1422) and a microphone (Fig. 1-7, [0042-0043], [0066-0070] of Panneer : microphone 112) housed within the main body and in communication with the processor (Fig. 1-7, 14, [0042-0043], [0066-0070], [0152] of Panneer : accelerometer of sensor system 1410 and motion sensor 1422 is housed within the housing 122, and is in communication with the processor 1402, and microphone 112 is housed within the housing 122, and is in communication with the processor 1402).
Claim(s) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Panneer in view of McCurdy, further in view of Vandenbussche (US 20180092438 A1, and hereinafter “Vandenbussche”).
Regarding claim 2, Panneer in view of McCurdy teaches the system of claim 1, wherein the device further comprises:
Panneer in view of McCurdy does not teach a plurality of teeth defined by a male portion of the band;
at least one clasp included within the female portion and configured to engage at least one of the teeth.
However, Vandenbussche teaches a plurality of teeth (Fig. 1, 7-12, [0034-0042] : protrusions on interior surface 124) defined by a male portion of the band (Fig. 1, 7-12, [0034-0042] : protrusion on interior surface of 124 is on strap 104);
at least one clasp (Fig. 1, 7-12, [0034-0042] : tooth 120 and keeper 108) included within the female portion (Fig. 1, 7-12, [0034-0042] : tooth 120 and keeper 108 are on strap 102) and configured to engage at least one of the teeth (Fig. 1, 7-12, [0034-0042] : tooth 120 and keeper 108 engage on the protrusions of strap 104).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the teeth and clasp as taught by Vandenbussche into Panneer and McCurdy combination’s system by replacing the latch with the tooth and the keeper. The suggestion / motivation for doing so would be to provide a buckle that is simpler and more secure while being adjustable (Abstract, [0028] of Vandenbussche).
Regarding claim 3, Panneer and McCurdy combination as modified by Vandenbussche teaches the system of claim 2, further comprising a tensile-strength cable (Fig. 22, [0197-0200] of Panneer, and [0025] of Abe : electrical component 2216, which can be a fiber optic cable, is a tensile-strength cable) housed within the band and extending across an entire length of the band (Fig. 22, [0197-0200] of Panneer, and [0025] of Abe : electrical component 2216, which can be a fiber optic cable, is housed within the band 2206 and extends across an entire length of the band 2206).
Claim(s) 6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Panneer and Abe combination as applied above, in view of Gilmore et al. (US 5298884 A, and hereinafter “Gilmore”).
Regarding claim 6, Panneer in view of McCurdy teaches the system of claim 1.
Panneer in view of McCurdy does not teach further comprising a metallic strip housed within the band and extending across the entire length of the band, the metallic strip in communication with the computing module for detecting any distorting forces creating electrical interference or damage along the metallic strip.
However, Gilmore teaches further comprising a metallic strip (Fig. 1, 4, 7, 9, Col. 7, Lines 38-61 : conductor 212 which can be a copper, silver, or aluminum or other suitable conductive material) housed within the band (Fig. 1, 4, 7, 9, Col. 7, Lines 38-61 : conductor 212 is housed within strap 203) and extending across the entire length of the band (Fig. 1, 4, 7, 9, Col. 7, Lines 38-61 : conductor 212 extends across the entire length of strap 203), the metallic strip in communication with the computing module for detecting any distorting forces creating electrical interference or damage along the metallic strip (Fig. 1, 4, 7, 9, Col. 7, Lines 38-61, Col. 8, 64-68, Col. 9, Lines 1-21 : conductor 212 is in communication with conductive button 210 and circuit 224, and allows detection of damage along the conductor 212).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate metallic strip as taught by Gilmore into Panneer and McCurdy by imbedding a conductor to the strap. The suggestion / motivation for doing so would be to further improve the security of the device by implementing multiple types of tamper detection (Abstract of Gilmore indicates dissimilar metals).
Regarding claim 18, Panneer in view of McCurdy teaches the wearable safety device of claim 17, further comprising a metallic strip (Fig. 1, 4, 7, 9, Col. 7, Lines 38-61 : conductor 212 which can be a copper, silver, or aluminum or other suitable conductive material) housed within the band (Fig. 1, 4, 7, 9, Col. 7, Lines 38-61 : conductor 212 is housed within strap 203) and extending across the entire length of the band, the metallic strip in communication with the computing module for detecting distorting forces creating electrical interference or damage along the metallic strip (Fig. 1, 4, 7, 9, Col. 7, Lines 38-61, Col. 8, 64-68, Col. 9, Lines 1-21 : conductor 212 is in communication with conductive button 210 and circuit 224, and allows detection of damage along the conductor 212).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate metallic strip as taught by Gilmore into Panneer and McCurdy combination’s wearable safety device by imbedding a conductor to the strap. The suggestion / motivation for doing so would be to further improve the security of the device by implementing multiple types of tamper detection (Abstract of Gilmore indicates dissimilar metals).
Allowable Subject Matter
Claims 9-16 allowed.
With respect to claims 9-16, the allowability resides in the overall structure of the device as recited in independent claim 9 and at least in part because of claimed limitations:
a charger main body defining a first charger end opposite a second charger end, an interior charger surface opposite an exterior charger surface and both extending between the first charger end and the second charger end, and one or more side charger surfaces extending between the first charger end, the second charger end, the interior charger surface and the exterior charger surface;
a charger display positioned on one of the charger surfaces of the charger main body;
at least one charger magnet positioned on one of the charger surfaces of the charger main body;
at least one charger battery positioned within the charger main body;
a charger male band extending from the first charger end; and
a charger female band extending from the second charger end for selectively engaging with the charger male band
The aforementioned limitations in combination with all remaining limitations of claim 9 are believed to render said claim 9 and all claims dependent therefrom patentable over the art of record.
3. None of the cited references teach nor suggest the above noted limitations of claim 9 in combination with the remaining limitations.
The closest prior arts of recorded were provided in the office action(s). In examiners opinion the pertinent prior art, when taken alone, or, in combination, cannot be reasonably construed as adequately teaching or suggesting all of the elements and features of the claimed inventions as arranged, disposed or provided in the manner as claimed by the applicant.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are made moot by the new rejections as shown above since new reference McCurdy is relied upon for the amended limitations.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS R BURTNER whose telephone number is (571)272-0966. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Parker can be reached on 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS R BURTNER/ Examiner, Art Unit 2841 /ROCKSHANA D CHOWDHURY/Primary Examiner, Art Unit 2841
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