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 .
Response to Amendment
The amendment filed on 07/07/2026 has been entered. Claims 1-2, 4-18 and 20 are currently pending. Applicant’s amendments have overcome the drawing objections, specification objections, claim objections, and 35 USC 112 rejections previously set forth in the Non-Final Office Action mailed 04/07/2026.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argued that “Claim 1 has been amended to incorporate the subject matter of dependent Claim 3. Specifically, Claim 1 now recites that "a proximity sensor chip is coupled to the metal middle frame and is configured to detect a capacitance value of the metal middle frame" and that "in response to that the wearable electronic device movement is mounted in mounting space of a housing, the controller is configured to obtain a switch control signal generated based on the capacitance value detected by the proximity sensor chip."
The arguments are not moot because claim 1 is now being rejected under 35 U.S.C. 103 as being unpatentable over Kim et al, US-20230121035-A1 in view of Di Nallo et al, US-20180248811-A1 as explained below.
Moreover, Applicant argued “Applicant respectfully submits that the claimed invention is directed to a modular "wearable electronic device movement" that can be inserted into various interchangeable housings. Because different housing materials interact differently with the metal middle frame (which acts as an antenna), the claimed proximity sensor chip detects a capacitance value of the metal middle frame, and the controller obtains a switch control signal generated based on this capacitance value in response to the movement being mounted in the housing.”
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant's arguments regarding the rejection of claim 8 have been fully considered but they are not persuasive.
Applicant argued that “Applicant respectfully traverses the rejection. The Examiner asserts that Zhao discloses a connection mechanism electrically connecting a metal middle frame of a wearable electronic device movement to the housing in response to the movement being detachably mounted in the mounting space. However, reference Zhao at [0038] actually teaches that "the metal bezel 200 is fixedly connected with the metal frame 100 by filling an adhesive between the metal bezel 200 and the metal frame 100." (emphasis added). A fixed connection using adhesive is the direct opposite of being "detachably mounted." Zhao fails to teach or suggest a mounting space configured to detachably mount a wearable electronic device movement. Therefore, Zhao fails to anticipate amended Claim 8.”
Examiner respectfully disagree because:
Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.)
Moreover, para [0038] of Zhou does not teach the metal bezel 200 is fixedly connected with the metal frame 100. Para [0038] stated “On the basis of the roles of the metal bezel, more and more smart watches are provided with the metal bezels on the front, and the metal bezel 200 is fixedly connected with the metal frame 100 by filling an adhesive between the metal bezel 200 and the metal frame 100. However, in actual use, such smart watches with the metal bezel 200 are found to have poor antenna consistency and performance” which means in the current technology for metal bezel watch, the metal bezel 200 is usually fixedly connected with the metal frame 100 but “in actual use, such smart watches have poor antenna consistency and performance”. Therefore, the metal bezel 200 in Zhou is not fixedly connected with the metal frame 100, the invention uses the connection mechanism 500 (fig. 9A, 9B, para [0071]) or 510, 520 (fig. 11A-11B, para [0074]) to electrically connects a metal middle frame 100 of the wearable electronic device movement to the housing 200.
Applicant's arguments regarding the rejection of claim 11 and 14 have been fully considered but they are not persuasive.
Applicant argued “As discussed above with respect to Claims 1 and 8, neither Kim nor Zhao teaches a modular wearable electronic device movement that is detachably mounted in a mounting space of a housing, nor do they teach triggering a switch control signal or establishing an electrical connection via a connection mechanism in response to such a mounting event”.
Examiner respectfully disagree because Kim and Zhao discloses the modular wearable electronic device movement that is detachably mounted in a mounting space of a housing as explained above regarding the arguments for claim 8. Moreover, Kim and Zhao teach triggering a switch control signal (Kim, para [0067]-[0070]) or establishing an electrical connection via a connection mechanism in response to such a mounting event (Zhao, fig. 9A, 9B, para [0071] or fig. 11A-11B, para [0074]).
Claim Objections
Claims 5, 8-9, 12 and 18 are objected to because of the following informalities:
Claim 5: “a first end of the spring is connected to the body, and a second end of spring cambers relative to the body to press against the housing” should read “a first end of the spring is connected to the body, and a second end of the spring cambers relative to the body to press against the housing”.
Similar objections would be applied to claims 9, 12 and 18.
Claim 8: “wherein in response to that a wearable electronic device movement” should read “wherein in response to that [[a]] the wearable electronic device movement”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 8 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhao et al, US-20230082798-A1 (hereinafter Zhao).
Regarding claim 8, Zhao discloses the following:
a housing comprising: a mounting space (within housing 200, figs. 9A-9B) configured to detachably mount a wearable electronic device movement (100 and other components, figs. 2-3), and a connection mechanism (500) disposed inside the housing, wherein the housing is made of a conductive material (para [0071]), and wherein in response to that a wearable electronic device movement is detachably mounted in the mounting space of the housing (figs. 9A-9B, 11A-11B), the connection mechanism (500) electrically connects a metal middle frame (100) of the wearable electronic device movement to the housing (200, para [0071]).
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.)
Claim Rejections - 35 USC § 103
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.
Claims 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al, US-20230121035-A1 (hereinafter Kim) in view of Di Nallo et al, US-20180248811-A1 (hereinafter Di Nallo).
Regarding claim 1, Kim discloses the following:
a wearable electronic device movement comprising a metal middle frame and a printed circuit board (PCB) disposed on the metal middle frame, wherein:
a controller is disposed on the PCB (para [0037]);
at least one ground point (G1, fig. 3A) is provided on the metal middle frame (112, 140, para [0034]) and is coupled to a ground port (160a) on the PCB (160, para [0061]);
at least one feed point (F1) is provided on the metal middle frame (112, fig. 2) and is coupled to a radio frequency circuit (102, para [0049]) on the PCB (160, fig. 2);
in response to that the wearable electronic device movement is mounted in mounting space of a housing (114), the controller is configured to obtain a switch control signal (para [0038]: The communication processor may include a wireless communication circuit and para [0067]: the wireless communication circuit 102 may control the switch circuit); and
the controller is configured to control an ON state of at least one of a first switch or a second switch based on the switch control signal, the first switch being coupled between the at least one ground point and the ground port, the second switch being coupled between the at least one feed point and the radio frequency circuit (para [0067]).
Kim does not disclose a proximity sensor chip is coupled to the metal middle frame and is configured to detect a capacitance value of the metal middle frame; and the switch control signal generated based on the capacitance value detected by the proximity sensor chip.
Di Nallo suggests a proximity sensor chip (para [0069]: capacitive proximity sensor) is coupled to the metal frame (40L, 40U) and is configured to detect a capacitance value of the metal frame (para [0069]); and the switch control signal generated based on the capacitance value detected by the proximity sensor chip (para [0069]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a proximity sensor chip as suggested in Di Nallo to the wearable electronic device movement taught in Kim as claimed for the purpose of using the antenna not being block by an external object in order to improve the antenna’s performance (Di Nallo, para [0069]).
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.)
Regarding claim 7, Kim discloses wherein an impedance matching circuit is further disposed on the PCB (para [0092]: the wireless communication circuit 102 comprises the impedance matching circuit and the wireless communication circuit 102 is disposed on the PCB 160, fig. 2), and the impedance matching circuit is connected between the metal middle frame (112) and the ground port or the radio frequency circuit (102, para [0092]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Di Nallo as applied to claim 1 above, and in view of Chen et al, CN-106506028-A (hereinafter Chen).
Regarding claim 2, the combination of Kim and Di Nallo does not disclose wherein the controller is configured to generate the switch control signal in response to a selection signal triggered by a user based on a material of the housing.
Chen suggests wherein the controller (control unit, Abstract) is configured to generate the switch control signal in response to a selection signal triggered by a user based on a material of the housing (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to generate the switch control signal taught in Kim and Di Nallo based on a material of the housing as suggested in Chen as claimed for the purpose of improving the performance of the antenna in order to improve the wireless communication of the wearable electronic device (Chen, Abstract).
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.)
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Di Nallo as applied to claim 1 above, and in view of Zhao, US-20230082798-A1.
Regarding claim 4, Kim discloses the housing (114, fig. 2) is made of a conductive material (para [0040]) and the metal middle frame might be connected to the housing (fig. 2, para [0040], [0046]).
The combination of Kim and Di Nallo does not disclose wherein a connection mechanism is disposed on the metal middle frame; and in response to that the wearable electronic device movement is mounted in the mounting space of the housing, the connection mechanism electrically connects the metal middle frame to the housing.
Zhao suggests wherein a connection mechanism (500, figs. 9A-9B) is disposed on the metal middle frame (100, figs. 9A-9B, para [0071]); and in response to that the wearable electronic device movement (100, main board, figs. 2-3) is mounted in the mounting space of the housing (200), the connection mechanism electrically connects the metal middle frame to the housing (para [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connection mechanism as suggested in Zhao to the wearable electronic device movement taught in Kim and Di Nallo as claimed for the purpose of forming an electrical connection between the metal middle frame and the housing in order to improve the consistency and performance of the antenna (Zhao, para [0043]).
Regarding claim 5, Kim discloses wherein the connection mechanism (1011, 1013, fig. 10) comprises a body and a spring, the body is fastened in the frame (210), a first end of the spring is connected to the body (fig. 10), and a second end of spring cambers relative to the body to press against the housing (112, 120).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim, Di Nallo and Zhao as applied to claim 5 above, and further in view of Wu et al, US-20180342817-A1 (hereinafter Wu).
Regarding claim 6, Kim discloses the spring (1011, 1013, fig. 10) comprises a protrusion (C3, C4) close to the second end, the protrusion is away from a direction of the body (fig. 10), and the protrusion protrudes from the mounting groove to press against the housing (112, 120).
The combination of Kim and Di Nallo does not disclose wherein the body comprises a limiting mechanism located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring, the body is fastened in a mounting groove of the metal middle frame.
Zhao suggests the body is fastened in a mounting groove of the metal middle frame (para [0071], figs. 9A-9B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to fasten the body of the connection mechanism taught in Kim and Di Nallo in a mounting groove of the metal middle frame as suggested in Zhao as claimed for the purpose of fixing connection mechanism to the middle frame in order to form electrical connection to the housing to improve the antenna’s performance (Zhao, para [0043]).
The combination of Kim, Di Nallo and Zhao does not disclose wherein the body comprises a limiting mechanism located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring.
Wu suggests wherein the body (40, fig. 3) comprises a limiting mechanism (81) located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring (22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a limiting mechanism as suggested in Wu to the connection mechanism taught in Kim, Di Nallo and Zhao as claimed for the purpose of limiting the bending angle of the second end of the spring depending on the requirements of the application.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao as applied to claim 8 above.
Regarding claim 9, Zhao discloses wherein the connection mechanism (500, figs. 9A-9B) comprises a body and a spring, the body is fastened in the metal middle frame (100, figs. 9A-9B, para [0071]), a first end of the spring is connected to the body, and a second end of spring cambers relative to the body to press against the housing (200, para [0071]).
Although Zhao does not explicitly disclose the body is fastened in the housing and the second end of the spring cambers press against the metal middle frame, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to swap the body from being fastened in the metal middle frame and the second end of the spring cambers pressing against the housing as taught in Zhao to the body being fastened in the housing and the second end of the spring cambers pressing against the metal middle frame as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). The motivation stem from the need to mount the connection mechanism to form the electrical connection between the housing and the metal middle frame depending on the metal and available spaces of the metal middle frame or the housing to dispose the connection mechanism.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao as applied to claim 9 above, and further in view of Wu.
Regarding claim 10, Zhao discloses the body is fastened in a mounting groove (figs. 9A-9B, para [0071]), the spring comprises a protrusion close to the second end (figs. 9A-9B, the protrusion is away from a direction of the body, and the protrusion protrudes from the mounting groove to press against the housing (figs. 9A-9B).
Although Zhao does not explicitly disclose the mounting groove of the housing and the protrusion press against metal middle frame, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to swap the mounting groove from the metal middle frame and the protrusion pressing against the housing as taught in Zhao to the mounting groove to be on the housing and the protrusion pressing against metal middle frame as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). The motivation stem from the need to mount the connection mechanism to form the electrical connection between the housing and the metal middle frame depending on the metal and available spaces of the metal middle frame or the housing to dispose the connection mechanism.
Zhao does not disclose wherein the body comprises a limiting mechanism located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring.
Wu suggests wherein the body (40, fig. 3) comprises a limiting mechanism (81) located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring (22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a limiting mechanism as suggested in Wu to the connection mechanism taught in Zhao as claimed for the purpose of limiting the bending angle of the second end of the spring depending on the requirements of the application.
Claims 11-12, 14, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, US-20230121035-A1, and in view of Zhao, US-20230082798-A1.
Regarding claim 11, Kim discloses the following:
a wearable electronic device movement comprising a metal middle frame and a print circuit board (PCB) disposed on the metal middle frame, wherein:
at least one ground point (G1, fig. 3A) is provided on the metal middle frame (112, 140, para [0034]) and is coupled to a ground port (160a) on the PCB (160, para [0061]);
at least one feed point (F1) is provided on the metal middle frame (112, fig. 2) and is coupled to a radio frequency circuit (102, para [0049]) on the PCB (160, fig. 2);
in response to that the wearable electronic device movement (112, 160) is mounted in mounting space of a housing (114) and
the housing (114, fig. 2) is made of a conductive material (para [0040]).
Kim does not disclose a connection mechanism is disposed on the metal middle frame; and
the connection mechanism electrically connects the metal middle frame to the housing.
Kim discloses and the metal middle frame might be connected to the housing (fig. 2, para [0040], [0046]).
Zhao suggests wherein a connection mechanism (500, figs. 9A-9B) is disposed on the metal middle frame (100, figs. 9A-9B, para [0071]); and in response to that the wearable electronic device movement (100, main board, figs. 2-3) is mounted in the mounting space of the housing (200), the connection mechanism electrically connects the metal middle frame to the housing (para [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connection mechanism as suggested in Zhao to the wearable electronic device movement taught in Kim as claimed for the purpose of forming an electrical connection between the metal middle frame and the housing in order to improve the consistency and performance of the antenna (Zhao, para [0043]).
Regarding claim 12, Kim does not disclose wherein the connection mechanism comprises a body and a spring, the body is fastened in the metal middle frame, a first end of the spring is connected to the body, and a second end of spring cambers relative to the body to press against the housing.
Zhao suggests wherein the connection mechanism (500, figs. 9A-9B) comprises a body and a spring, the body is fastened in the metal middle frame (100, figs. 9A-9B, para [0071]), a first end of the spring is connected to the body, and a second end of spring cambers relative to the body to press against the housing (200, para [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connection mechanism as suggested in Zhao to the wearable electronic device movement taught in Kim as claimed for the purpose of forming an electrical connection between the metal middle frame and the housing in order to improve the consistency and performance of the antenna (Zhao, para [0043]).
Regarding claim 14, Kim discloses the following:
a wearable electronic device, comprising a housing and a wearable electronic device movement that is mounted inside mounting space of the housing, wherein:
the wearable electronic device movement comprises a metal middle frame (112, figs. 1-2,) and a printed circuit board (PCB) (160) disposed on the metal middle frame (112, fig. 9);
a controller is disposed on the PCB (para [0037]);
at least one ground point (G1, fig. 3A) is provided on the metal middle frame (112, 140, para [0034]) and is coupled to a ground port (160a) on the PCB (160, para [0061]);
at least one feed point (F1) is provided on the metal middle frame (112, fig. 2) and is coupled to a radio frequency circuit (102, para [0049]) on the PCB (160, fig. 2);
a connection mechanism (1011, 1013, fig. 10) is disposed inside the housing (114);
in response to that the wearable electronic device movement is mounted in mounting space of a housing (114), the controller is configured to obtain a switch control signal (para [0038]: The communication processor may include a wireless communication circuit and para [0067]: the wireless communication circuit 102 may control the switch circuit);
the controller is configured to control an ON state of at least one of a first switch or a second switch based on the switch control signal, the first switch being coupled between the at least one ground point and the ground port, the second switch being coupled between the at least one feed point and the radio frequency circuit (para [0067]), and
the housing (114, fig. 2) is made of a conductive material (para [0040]).
Kim does not disclose the connection mechanism electrically connects the metal middle frame of the wearable electronic device movement to the housing.
Kim discloses the metal middle frame might be connected to the housing (fig. 2, para [0040], [0046]).
Zhao suggests wherein a connection mechanism (500, figs. 9A-9B) electrically connects the metal middle frame (100) of the wearable electronic device movement to the housing (200, para [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connection mechanism as suggested in Zhao to the wearable electronic device movement taught in Kim as claimed for the purpose of forming an electrical connection between the metal middle frame and the housing in order to improve the consistency and performance of the antenna (Zhao, para [0043]).
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.)
Regarding claim 18, Kim does not disclose wherein the connection mechanism comprises a body and a spring, the body is fastened in the housing, a first end of the spring is connected to the body, and a second end of spring cambers relative to the body to press against the metal middle frame.
Zhao discloses wherein the connection mechanism (500, figs. 9A-9B) comprises a body and a spring, the body is fastened in the metal middle frame (100, figs. 9A-9B, para [0071]), a first end of the spring is connected to the body, and a second end of spring cambers relative to the body to press against the housing (200, para [0071]).
Although Zhao does not explicitly disclose the body is fastened in the housing and the second end of the spring cambers press against the metal middle frame, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to swap the body from being fastened in the metal middle frame and the second end of the spring cambers pressing against the housing as taught in Zhao to the body being fastened in the housing and the second end of the spring cambers pressing against the metal middle frame as claimed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). The motivation stem from the need to mount the connection mechanism to form the electrical connection between the housing and the metal middle frame depending on the metal and available spaces of the metal middle frame or the housing to dispose the connection mechanism.
Regarding claim 20, Kim discloses wherein an impedance matching circuit is further disposed on the PCB (para [0092]: the wireless communication circuit 102 comprises the impedance matching circuit and the wireless communication circuit 102 is disposed on the PCB 160, fig. 2), and the impedance matching circuit is connected between the metal middle frame (112) and the ground port or the radio frequency circuit (102, para [0092]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Zhao as applied to claim 12 above, and further in view of Wu.
Regarding claim 13, Kim discloses the spring (1011, 1013, fig. 10) comprises a protrusion (C3, C4) close to the second end, the protrusion is away from a direction of the body (fig. 10), and the protrusion protrudes from the mounting groove to press against the housing (112, 120).
Kim does not disclose wherein the body comprises a limiting mechanism located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring, the body is fastened in a mounting groove of the metal middle frame.
Zhao suggests the body is fastened in a mounting groove of the metal middle frame (para [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to fasten the body of the connection mechanism taught in Kim in a mounting groove of the metal middle frame as suggested in Zhao as claimed for the purpose of fixing connection mechanism to the middle frame in order to form electrical connection to the housing to improve the antenna’s performance (Zhao, para [0043]).
The combination of Kim and Zhao does not disclose wherein the body comprises a limiting mechanism located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring.
Wu suggests wherein the body (40, fig. 3) comprises a limiting mechanism (81) located at the second end of the spring, the limiting mechanism limits a camber angle of the second end of the spring (22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a limiting mechanism as suggested in Wu to the connection mechanism taught in Kim and Zhao as claimed for the purpose of limiting the bending angle of the second end of the spring depending on the requirements of the application.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Zhao as applied to claim 14 above, and further in view of Ruaro et al, US-20190074586-A1 (hereinafter Ruaro).
Regarding claim 15, the combination of Kim and Zhao does not disclose wherein the wearable electronic device further comprises a conductive adhesive or a conductive fabric, the conductive adhesive or the conductive fabric is located between the housing and a metal middle frame, and the housing is electrically connected to the metal middle frame through the conductive adhesive or the conductive fabric.
Ruaro suggests wherein the wearable electronic device further comprises a conductive adhesive or a conductive fabric (154, para [0066], 172, 174, para [0071]), the conductive adhesive or the conductive fabric is located between the conductive layers (142-3, 156, fig. 7) and a metal middle frame (12W), and the housing is electrically connected to the metal middle frame through the conductive adhesive or the conductive fabric (para [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the conductive adhesive as suggested in Ruaro to the wearable electronic device taught in Kim and Zhao as claimed for the purpose of forming the electrical connection between the housing and the metal middle frame in order to improve the consistency and performance of the antenna (Zhao, para [0043]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Zhao as applied to claim 14 above, and in view of Chen et al, CN-106506028-A (hereinafter Chen).
Regarding claim 16, the combination of Kim and Zhao does not disclose wherein the controller is configured to generate the switch control signal in response to a selection signal triggered by a user based on a material of the housing.
Chen suggests wherein the controller (control unit, Abstract) is configured to generate the switch control signal in response to a selection signal triggered by a user based on a material of the housing (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to generate the switch control signal taught in Kim and Zhao based on a material of the housing as suggested in Chen as claimed for the purpose of improving the performance of the antenna in order to improve the wireless communication of the wearable electronic device (Chen, Abstract).
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.)
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Zhao as applied to claim 14 above, and in view of Di Nallo et al, US-20180248811-A1 (hereinafter Di Nallo).
Regarding claim 17, Kim does not disclose the wearable electronic device according to claim 14, further comprising: a proximity sensor chip, wherein the proximity sensor chip is coupled to the metal middle frame; the proximity sensor chip is configured to detect a capacitance value of the metal middle frame; and the controller is configured to generate the switch control signal based on the capacitance value.
Di Nallo suggests the wearable electronic device movement according to claim 1, further comprising: a proximity sensor chip (para [0069]), wherein the proximity sensor chip is coupled to the antennas (40L, 40U); the proximity sensor chip is configured to detect a capacitance value of the metal middle frame (para [0069]); and the controller is configured to generate the switch control signal based on the capacitance value (para [0069]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a proximity sensor chip as suggested in Di Nallo to the wearable electronic device movement taught in Kim as claimed for the purpose of using the antenna not being block by an external object in order to improve the antenna’s performance (Di Nallo, para [0069]).
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.)
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 ANH N HO whose telephone number is (571)272-4657. The examiner can normally be reached M-F 8:00-5:00.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/ANH HO/Examiner, Art Unit 2845
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