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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because elements in the drawings should be referred to by reference characters consistent with the reference characters recited in the specification of the disclosure. Most of the figures use text descriptions of structures that have been given reference characters in the specification. For example, in fig. 1C the screen, etc. should be labeled with the associated reference characters as provided in the specification to comply with 37 CFR 1.84(p). Also, applicant should assure that all reference numerals in the specification are found and used consistently in the drawings. Additionally, the arrows associated with the lead lines in fig. 1C and 2 fail to comply with 37 CFR 1.84(r), which states:
37 C.F.R. 1.84 Standards for drawings.
(r) Arrows. Arrows may be used at the ends of lines, provided that their meaning is clear, as follows:
(1) On a lead line, a freestanding arrow to indicate the entire section towards which it points;
(2) On a lead line, an arrow touching a line to indicate the surface shown by the line looking along the direction of the arrow; or
(3) To show the direction of movement.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The limitations “a color or a display interface of the wearable device” (independent claims 18 and 32, last section) appear throughout the claim set. As the limitations are presented only in the alternative, the presence of only one option of those presented in the claim is required to be found in the reference document. The examiner has elected to examine the limitation “a display interface of the wearable device”.
Additionally, the term “button” as used throughout the claims is being interpreted to mean a software defined button function, rather than a physical button (e.g. para. [0105], “a crown”; fig. 4, element 2). Support for this interpretation is found in the specification at para. [0019] and [0020] which recite “[0019] FIG. 5E is used as an example. The third operation herein may be a tap operation performed by the user on a button "Yes" on an interface shown in section (a) of FIG. 5E,
and the fourth operation may be a tap operation performed by the user on a button "Done" on an interface shown in section (b) of FIG. 5E. [0020] In this way, the user may set the function of the button based on usage habits of the user, so that user experience can be improved.”, thus the specification distinguishes “a button” from “a crown”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “high-intensity” in claims 24-25 is a relative term which renders the claim indefinite. The term “high-intensity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. There is no standard presented in the disclosure against which the difference between “high”, “regular”, and/or “low”-intensity flashlights may be judged, rendering the claims indefinite.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 18-19, 28, and 32-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 20180157217, hereinafter Song).
Regarding claim 18, Song discloses “A control method applied to a wearable device (para. [0025], "watch-type mobile terminal"; fig. 2, element 100) comprising a housing (para. [0111], "bezel", fig. 2, element 201) and a movement (para. [0111], "display unit"; fig. 2, element 251 and) detachably mounted in the housing (para. [0118], "the bezel may be a framework having a structure detachable from the display unit 251"), the method comprising: obtaining, by the movement, first information in response to a first operation for the wearable device, wherein the first information is related to the housing, and the first operation comprises mounting the movement in the housing (para. [0117], "The control unit 180 of the watch-type mobile terminal 100 may recognize the type of the bezel as the bezel detachable from the display unit 251 is attached to the display unit 251"; fig. 3, element S101); and controlling, by the movement based on the first information, a color or a display interface of the wearable device to change correspondingly (para. [0139] "The control unit 180 of the watch-type mobile terminal 100 displays a screen corresponding to the type of the recognized bezel on the display unit 251"; fig. 3, element S103).”
Regarding claim 19, Song discloses “The method according to claim 18, wherein controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly comprises: obtaining, by the movement, second information based on the first information (para. [0140], “the type of the recognized bezel”); and controlling, by the movement based on the second information, the color or the display interface of the wearable device to change correspondingly (para. [0140, “when the bezel is attached to the display unit 251, the control unit 180 may control the display unit 251 to display the screen corresponding to the type of the recognized bezel”).”
Regarding claim 28, Song discloses “The method according to claim 18, wherein: ... the movement comprises a photoelectric element (para. [0129], “a color sensor provided at an outer portion of the display unit 251”), the housing comprises a coating, and the first information comprises information obtained, based on an optical signal reflected by the coating, by the photoelectric element in response to the movement being mounted in the housing (para. [0129], “the control unit 180 of the watch-type mobile terminal 100 may recognize the type of the bezel through the color sensor”).”
Regarding claim 29, Song discloses “The method according to claim 19, wherein the second information comprises at least one of: a watch housing type (para. [0117], "The control unit 180 of the watch-type mobile terminal 100 may recognize the type of the bezel), ... , a bezel color (para. [0129], “the control unit 180 may determine the color of the attached bezel”), ... or a watch housing material (para. [0119], “the material of the bezel”).” (Emphasis added by the examiner.)
Regarding claim 32, Song discloses “A wearable device (para. [0025], "watch-type mobile terminal"; fig. 2, element 100), comprising: a movement comprising an identification module (para. [0025], "sensing unit"; fig. 1, element 140); a housing comprising feature carrying module (para. [0124], "the third-type bezel 350 may include a frame 351 formed of leather or steel and two [sic.] hard keys 353, 355, and 357"; fig. 6a), wherein the identification module is configured to sense first information carried on the carrying feature module in response to the housing being mounted to the movement (para. [0137], "The control unit 180 may recognize the bezel corresponding to the metal code as the third-type bezel 351 by analyzing the metal code of the bezel, which is acquired through the sensing unit 140."; fig. 9a and 9b); one or more processors, disposed in the movement (para. [0025], "control unit"; fig. 1, element 180); and one or more memories disposed in the movement (para. [0025], “memory”; fig. 1. element 170) with one or more computer programs stored thereon (para. [0032], "the memory 170 may be configured to store application programs executed in the watch-type mobile terminal"), the one or more computer programs comprising instructions that, when executed by the one or more processors, enable the wearable device to perform (para. [0032], "data or instructions for operations of the watch-type mobile terminal"): obtaining, by the movement, first information in response to a first operation for the wearable device, wherein the first information is related to the housing, and the first operation comprises mounting the movement in the housing (para. [0117], "The control unit 180 of the watch-type mobile terminal 100 may recognize the type of the bezel as the bezel detachable from the display unit 251 is attached to the display unit 251"; fig. 3, element S101), and second information based on the first information comprises: controlling, by the movement based on the first information, a color or a display interface of the wearable device to change correspondingly (para. [0140] "The control unit 180 of the watch-type mobile terminal 100 displays a screen corresponding to the type of the recognized bezel on the display unit 251"; fig. 3, element S103).”
Regarding claim 33, Song discloses “The wearable device according to claim 32, wherein controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly comprises: obtaining, by the movement, second information based on the first information (para. [0140], “the type of the recognized bezel”); and controlling, by the movement based on the second information, the color or the display interface of the wearable device to change correspondingly (para. [0140, “when the bezel is attached to the display unit 251, the control unit 180 may control the display unit 251 to display the screen corresponding to the type of the recognized bezel”)”.
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 21, 29-31, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Mooring (US 20130254705, hereinafter Mooring).
Regarding claim 21, Song discloses the control method according to claim 19.
However, Song fails to teach “the second information comprises manufacturer information of the housing; the movement controls, based on the manufacturer information, a user interface UI of the wearable device to change; and the UI comprises one or more of a UI shape, a color, text, or a location.”
Mooring teaches “the second information comprises manufacturer information of the housing (para. [0023], “the make and model of the case 10”); the movement controls, based on the manufacturer information, a user interface UI of the wearable device to change (para. [0023], “the wearable computer 12 may automatically configure its user interface accordingly”); and the UI comprises one or more of a UI shape, a color, text, or a location (para. [0023], “the wearable computer 12 may display a graphics theme and logo of that manufacturer”).” Specifically, Mooring teaches “[0023] In one auto configuration embodiment, once the wearable computer 12 is inserted into the case 10, the wearable computer 12 may be configured via contacts 20 and a corresponding set of contacts on the case 10 to automatically determine characteristics of the case 10, such as the make and model of the case 10. Using the characteristics of the case 10, the wearable computer 12 may automatically configure its user interface accordingly. For example, if the wearable computer 12 is inserted into case 10 and determines that case 10 is an athletic accessory, then the wearable computer 12 may configure its user interface to display an athletic function such as heart rate monitor. And by determining which one of several manufacturers (e.g., Nike™, Under Armor™, and the like) provided the accessory, the wearable computer 12 may display a graphics theme and logo of that manufacturer or automatically invoke a manufacturer-specific application designed for the accessory.”.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to augment the control method of Song with the auto-configuration of Mooring to create a control method wherein exists a function which auto-configures the user interface based on the manufacturer information of the housing with the expected benefit of easier configuration of the display interface.
Regarding claim 30, Song discloses the control method according to claim 19.
However, Song fails to teach “obtaining, by the movement, the determining, by the movement based on a preset correspondence, the second information corresponding to the first information”.
Mooring teaches a method for automatically configuring the user interface of a wearable electronic device based on various characteristics and parameters of the shell containing the electronic module of the device. This electronic module is functionally equivalent to the “movement” described in the instant application.
It would have been understood as obvious to one having ordinary skill in the art of designing and programming wearable electronic devices and control methods thereof that such a method of automatic configuration inherently comprises comparing information about the attached shell (for instance – manufacturer, color, button functions, identification code, etc.) with a preset correspondence (in the form of a pre-stored lookup table, database, or other data store) by which the electronic device would perform such a configuration change. The comparison of information based on preset correspondences is routine, as well as fundamental, in the art of computing and electronic devices.
Regarding claim 31, Song discloses the control method according to claim 19.
However Song fails to disclose “comparing the second information with pre-stored third information, wherein the third information is parameter information running on the wearable device before the first operation; and in response to the second information being partially different from the third information, controlling, by the movement based on a portion of the second information that is different from the third information, the color or the display interface of the wearable device to change correspondingly.”
Mooring teaches a method for automatically configuring the user interface of a wearable electronic device based on various characteristics and parameters of the shell containing the electronic module of the device. This electronic module is functionally equivalent to the “movement” described in the instant application.
It would have been understood as obvious to one having ordinary skill in the art of designing and programming wearable electronic devices that such a method of automatic configuration inherently comprises comparing currently configured parameters (equivalent to “pre-stored third information” such as display color or other information about the graphical style of the display) by the processor of the electronic device with parameters provided as a result of the attachment or detachment of a case or other housing. Without such a comparison, the processor of the electronic device would be unable to determine which parameters have changed or their new values. The comparison of information based on current and changed parameters of an electronic device is routine, as well as fundamental, in the art of computing and electronic devices involving processors.
Regarding claim 35, Song discloses the wearable device according to claim 32.
However, Song fails to teach “the second information comprises manufacturer information of the housing; and the movement is configured to control, based on the manufacturer information, a user interface UI of the wearable device to change, wherein the UI comprises one or more of a UI shape, a color, text, or a location.”.”.
Mooring teaches “the second information comprises manufacturer information of the housing (para. [0023], “the make and model of the case 10”); and the movement is configured to control, based on the manufacturer information, a user interface UI of the wearable device to change (para. [0023], “the wearable computer 12 may automatically configure its user interface accordingly”), wherein the UI comprises one or more of a UI shape, a color, text, or a location (para. [0023], “the wearable computer 12 may display a graphics theme and logo of that manufacturer”).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to use the wearable device of Song with the auto-configuration of Mooring to create a control method wherein exists a wearable device which auto-configures the user interface based on the manufacturer information of the housing with the expected benefit of easier configuration of the display interface of the wearable device.
Claims 22 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Choi (US 20170212793, hereinafter Choi).
Regarding claim 22, Song discloses the control method according to claim 18.
However, Song fails to disclose “controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly comprises: displaying first prompt information, wherein the first prompt information is used for prompting a user whether to switch an operating system of the wearable device; and switching a first operating system to a second operating system in response to a second operation for the wearable device, wherein the first operating system is an operating system running on the wearable device before the first operation, and the second operating system is different from the first operating system.”
Choi teaches “controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly comprises: displaying first prompt information (para. [0137], "a user interface displayed on the display 160"; fig. 7A), wherein the first prompt information is used for prompting a user whether to switch an operating system of the wearable device (para. [0138], fig. 7A, "The remaining battery amount is 10%. Do you want to execute the second operating system?"); and switching a first operating system to a second operating system in response to a second operation for the wearable device (para. [0138], "when the battery level of the electronic device 101 is equal to or less than a reference value."), wherein the first operating system is an operating system running on the wearable device before the first operation (para. [0099], “The first operating system may be a general driving mode”), and the second operating system is different from the first operating system (para. [0102], “the second operating system may provide different functions according to the purpose or characteristics of the electronic device 400”).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to use the control method of Song with the operating system switching method of Choi to create an control wherein exists a method to change the operating system based on a system event or on the needs of the user.
Regarding claim 36, Song discloses the wearable device according to claim 32.
However, Song fails to disclose “displaying first prompt information, wherein the first prompt information is used for prompting a user whether to switch an operating system of the wearable device; and switching a first operating system to a second operating system in response to a second operation for the wearable device, wherein the first operating system is an operating system running on the wearable device before the first operation, and the second operating system is different from the first operating system.”
Choi teaches “displaying first prompt information (para. [0137], "a user interface displayed on the display 160"; fig. 7A), wherein the first prompt information is used for prompting a user whether to switch an operating system of the wearable device (para. [0138], fig. 7A, "The remaining battery amount is 10%. Do you want to execute the second operating system?"); and switching a first operating system (para. [0099], “The first operating system may be a general driving mode”) to a second operating system in response to a second operation for the wearable device (para. [0138], "when the battery level of the electronic device 101 is equal to or less than a reference value."), wherein the first operating system is an operating system running on the wearable device before the first operation, and the second operating system is different from the first operating system(para. [0102], “the second operating system may provide different functions according to the purpose or characteristics of the electronic device 400”).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to use the electronic device of Song with the operating system changing function of Choi to create an electronic watch wherein exists a wearable device which has the ability to switch the operating system based on a system event or on the needs of the user.
Claims 23 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Song (WO 2018001261, hereinafter Song ‘1261).
Regarding claim 23, Song discloses the control method according to claim 19.
However Song fails to disclose “the wearable device further comprises a button; and controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly comprises: displaying second prompt information, wherein the second prompt information is used for prompting a user whether to change a function of the button of the wearable device; displaying a button function setting interface in response to a third operation for the wearable device, wherein the interface comprises at least one option, and the option is used for setting a function performed by the button, and configuring, in response to a fourth operation for the wearable device, a function of the button to perform configuration based on a specified function”
Song ‘1261 teaches a method for setting button functions applied to a mobile terminal including wearables wherein “the wearable device further comprises a button (combined translation pg. 31, “The method is applied to a mobile terminal including at least one touch area, the touch area including multiple buttons”); and controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly comprises: displaying second prompt information, wherein the second prompt information is used for prompting a user whether to change a function of the button of the wearable device (combined translation, pg. 51, para. 2, "the user is prompted whether to reset the button functions"); displaying a button function setting interface in response to a third operation for the wearable device (combined translation, pg. 51, para. 2, “a user's multi-touch operation is detected”), wherein the interface comprises at least one option (translation pg. 50, para. 3, "from left to right: "menu button", "home button" and "back button""; fig. 7), and the option is used for setting a function performed by the button (translation pg. 51, “the target buttons corresponding to the operation commands can be set by the user”), and configuring, in response to a fourth operation for the wearable device, a function of the button to perform configuration based on a specified function”.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to use the control method of Song with the button changing function of Song ‘1261 to create a control method which allows the changing of button functions according to user needs with the expected benefit of allowing easier operation of a wearable device.
Regarding claim 37, Song discloses the device according to claim 32.
However Song fails to disclose “comprises a button, wherein: controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly, comprises: displaying second prompt information, wherein the second prompt information is used for prompting a user whether to change a function of the button of the wearable device; displaying a button function setting interface in response to a third operation for the wearable device, wherein the interface comprises at least one option, and the option is used for setting a function performed by the button, and controlling, in response to a fourth operation for the wearable device, a function of the button to perform configuration based on a specified function”
Song ‘1261 teaches “the wearable device further comprises a button (combined translation pg. 31, “The method is applied to a mobile terminal including at least one touch area, the touch area including multiple buttons”); and controlling, by the movement based on the first information, the color or the display interface of the wearable device to change correspondingly comprises: displaying second prompt information, wherein the second prompt information is used for prompting a user whether to change a function of the button of the wearable device (combined translation, pg. 51, para. 2, "the user is prompted whether to reset the button functions"); displaying a button function setting interface in response to a third operation for the wearable device (combined translation, pg. 51, para. 2, “a user's multi-touch operation is detected”), wherein the interface comprises at least one option (translation pg. 50, para. 3, "from left to right: "menu button", "home button" and "back button""; fig. 7), and the option is used for setting a function performed by the button (translation pg. 51, “the target buttons corresponding to the operation commands can be set by the user”), and configuring, in response to a fourth operation for the wearable device, a function of the button to perform configuration based on a specified function”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to use the wearable device of Song with the button changing function of Song ‘1261 to create a wearable device which allows the changing of button functions according to user needs with the expected benefit of allowing easier operation of a wearable device.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Allison (May 2019 Wareable NPL, hereinafter Allison).
Regarding claim 25, Song discloses the device according to claim 32.
However Song fails to disclose “displaying fifth prompt information, wherein the fifth prompt information is used for prompting a user of an antenna signal capability of the wearable device”
Allison teaches “displaying fifth prompt information, wherein the fifth prompt information is used for prompting a user of an antenna signal capability of the wearable device (pg. 1 and 3, figures showing prompts indicating antenna capabilities)”.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to use the control method of Song with the antenna signal capability prompt of Allison to create an electronic watch wherein exists a control method which displays a device’s antenna capabilities with the expected benefit of providing capability and status information to the user of a device.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Apple (2018 Apple ECG NPL, hereinafter Apple).
Regarding claim 27, Song discloses the device according to claim 32.
However, Song fails to teach “displaying seventh prompt information in response to a seventh operation for the wearable device, wherein the seventh prompt information is used for prompting a user of an operation manner of performing detection by using a physiological sensor.”.
Apple teaches “displaying seventh prompt information in response to a seventh operation for the wearable device, wherein the seventh prompt information is used for prompting a user of an operation manner of performing detection by using a physiological sensor (pg. 2 and 4, figures showing a wearable device displaying information on the operation of detecting physiological measurements)”.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the control method of Song with the sensor prompts of Apple to create a control method wherein the wearable device prompts the user on the use of the physiological sensors with the expected benefit of obtaining better measurements using the wearable device.
Allowable Subject Matter
Claim 20 is objected to as being dependent upon rejected base claims (independent claim 18 via dependent claim 19) , but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 24 and 26 are objected to as being dependent upon a rejected base claim (independent claim 18), but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 34 is objected to as being dependent upon rejected base claims (independent claim 32 via dependent claim 33), but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
No prior art was found wherein a wearable electronic device comprising a movement is detachably mountable to a housing and further wherein a bezel or a bottom housing are coated in an electrochromic material, the color of which is controllable by the movement to match the color of the housing.
Regarding claim 20, no prior art was found wherein “a bottom housing or a bezel of the wearable device are coated with an electrochromic material; the second information comprises color information of the housing; and the movement controls, based on the color information, a color of the bottom housing or a color of the bezel of the wearable device to match the color information of the housing.”
Regarding claim 26, no prior art was found wherein “prompt information is used for prompting a user of a waterproof level or a waterproof capability of the wearable device.”
Regarding claim 34, no prior art was found wherein “a bottom housing or a bezel of the wearable device are coated with an electrochromic material; the second information comprises color information of the housing; and the movement is configured to control, based on the color information, a color of the bottom housing or a color of the bezel of the wearable device to match the color information of the housing.”
No prior art was found which teaches or suggests, alone or in combination, the distinguishing features discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J WALKER whose telephone number is (571)270-7599. The examiner can normally be reached from 8:00 AM - 4:00 PM ET Monday through Friday.
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/MICHAEL JAMES WALKER/ Examiner, Art Unit 2831
/renee s luebke/ Supervisory Patent Examiner
Art Unit 2831
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