Detailed Action begins on Page 3
Table of Contents
Notice of Pre-AIA or AIA Status 3
Response to Amendment 3
Response to Arguments 3
Claim Interpretation 4
Claim Rejections - 35 USC § 112(a) 5
Claims 1, 4-13, and 15 5
Claims 9-13 and 15 7
Claim Rejections - 35 USC § 103 8
Claims 1, 4, 6-7, 9-12, and 15 8
Claim 5 14
Conclusion 14
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/8/25 has been entered.
Response to Amendment
The amendment to claims 1 and 4-6 are acknowledged.
In the Remarks filed 12/8/25 Applicant states that claim 2 has been amended and claim 3 has been cancelled. However, in the claim set filed 12/8/25 both of claims 2 and 3 are cancelled.
The amendments to claim 1 present a new 35 U.S.C. 112(a) rejection for lack of written description/new matter, provided below.
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 any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
Claim 1 recites the limitation “wherein the protruding members include an elastic member configured to be elastically compressed while the strap is coupled to the frame and to extend when the fastening structure of the strap is fixed” and this limitation could be interpreted to mean that the elastic member is elastically compressed when the strap is in the process of being coupled to the frame but before being fixed, or it could be interpreted that at any time the strap is coupled to the frame the elastic member is elastically compressed and this would include when the fastening structure is fixed to the frame because being fixed meets the limitation of being coupled. This limitation at first glance suggests the first interpretation, with two different states of the elastic member being “elastically compressed” and “to extend”. However, the broadest reasonable interpretation of the limitation in light of the rest of the claim and the specification instead provides that the portion of the limitation “when the fastening structure of the strap is fixed” is included in the limitation “while the strap is coupled” and thus the elastic element must be both elastically compressed and extend in the state when the fastening structure of the strap is fixed.
As provided in claim 1, the second recess to which the fastening structure of the strap is configured to be fixed is part of the first coupling portion. This points to a lack of distinction between “while the strap is coupled” and “when the fastening structure of the strap is fixed” and instead that the fixed state of the device is a state that is part of the broader coupled state. I.e., at any time in the fixed state the device is also in the coupled state, but when the device is in the coupled state it is not always in the fixed state.
Paragraph [59] of the specification recites: “In various embodiments, when it is described that the protruding pin 143-1 is fixed to the second recess 131b, it may refer, for example, to the protruding pin 143- 1 of the fastening structure 142 being accommodated in the second recess 131b in the state in which the spring 143-2 of the fastening structure 142 is relaxed or partially contracted.” This provides written description support for the elastic member (spring) to both extend when the fastening structure is fixed, but also still be elastically compressed (contracted) when it is in this fixed/extended state.
The broadest reasonable interpretation of claim 1 requires that the limitation “to extend when the fastening structure of the strap is fixed” is interpreted not to exclude the limitation “elastically compressed while the strap is coupled” but requires that the elastic element both “to extend” and to be “elastically compressed” when the fastening structure of the strap is fixed.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-13, and 15
Claims 1, 4-13, and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 1, it recites the limitation “the protruding members are compressed by the elastic member while moving along the intermediate recess’. There is no support found in the specification or drawings for the protruding members to be compressed by the elastic member. Instead it only appears that the elastic member is compressed when the protruding member move along the intermediate recess and that it is the other way around because the elastic member is compressed by the protruding members. While the overall fastening structure can be said to compress, the individual protruding members are not provided as being compressed and certainly not by the elastic member. Therefore, as currently written there is a lack of written description for this limitation in claim 1.
For purposes of examination this claim limitation will be treated as requiring the elastic member to be compressed by the protruding members when the protruding members move along the intermediate recess.
Regarding Claims 4-13 and 15, they depend from claim 1 and are rejected therein.
Claim 1, 4-13, and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding Claim 1, it recites the limitation “wherein the first recess is positioned closer to the frame than the second recess” and based on the limitations of claim 1 this is not possible due to both the first recess and second recess comprising part of the frame. Claim 1 recites the limitations “wherein the frame comprises a fastening portion”, “wherein the fastening portion comprises a first coupling portion”, and “wherein the first coupling portion comprises a guide recess including a first recess . . . and a second recess”. Were claim 1 to recite that first recess is positioned closer to the display or a certain side of the frame such a limitation would be enabled, but as presently claimed both the first recess and second recess are part of the frame and cannot be closer or further apart from the frame compared to each other because of this and claim 1 therefore lacks enablement.
For purposes of examination this claim will be interpreted as requiring that the first recess is positioned closer the portion of the frame not including the fastening portion.
Regarding Claims 4-13 and 15, they depend from claim 1 and are rejected therein.
Claim Rejections - 35 USC § 112(b)
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 9-13 and 15
Claims 9-13 and 15 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.
Regarding Claim 9, it recites the limitation “wherein the second coupling portion comprises a third recess” and it is not clearly defined whether this refers to the third recess introduced in claim 1 or if this limitation is separate from the previously introduced limitation. Proper reference using antecedent basis or a clear distinction between these two third recess limitations is required.
Claims 10-13 and 15 depend from claim 9 and are rejected therein.
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, 4, 6-7, 9-12, and 15
Claims 1, 4, 6-7, 9-12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Katzer et al. (US 20160327915 A1, hereinafter “Katzer"). in view of Hazan (WO 03070044 A2).
Regarding Claim 1, Hazan disclose a wearable device comprising:
a display [fig. 1] defining a front surface of the device; and
a frame surrounding the display and defining at least a portion of an exterior of the wearable electronic device [fig. 1],
wherein the frame comprises a fastening portion [fig. 3] (lugs 7 and area between them on both sides) to which a strap (4) configured to assist the wearing of the wearable electronic device is configured to be coupled,
wherein the fastening portion comprises a first coupling portion and a second coupling portion [fig. 3, see annotation below] disposed to be spaced apart from the first coupling portion by a specified distance,
wherein the first coupling portion comprises a guide recess including a first recess (recess between lugs 7) [fig. 3, see annotations below marking 1] into which a fastening structure of the strap is configured to be inserted, and a second recess [fig. 3, see annotations below marking 2] to which the fastening structure of the strap is configured to be fixed [page 4 lines 5-8] (“(10) meets the hole in the barrel (8) Fig. 5 and is released under the force of the spring housed in the case (1), also blocking the link (4) in the locked position”), and an intermediate recess (3) [fig. 3, also annotations below marking intermediate] interconnecting the first recess and the second recess [fig. 3],
wherein the second coupling portion comprises a third recess [fig. 3, see annotations below marking 3] into which the fastening structure of the strap is inserted and a fourth recess [fig. 3, see annotations below marking 4] to which the fastening structure of the strap is configured to be fixed [page 4 lines 5-8] (“(10) meets the hole in the barrel (8) Fig. 5 and is released under the force of the spring housed in the case (1), also blocking the link (4) in the locked position”),
wherein the fastening structure of the strap includes protruding members (10), which are configured to be inserted into at least the first recess and fixed to the second recess and the fourth recess, respectively [figs. 1, 3, and 5], and
wherein the first recess is positioned closer to the frame than the second recess [fig. 3] (recess between lugs 7 is closer to the portion of the frame that is not the fastening portion),
wherein a depth of the intermediate recess decreases from the first recess toward the second recess [page 3 lines 22-23] (“small inclined groove (3) allowing the retraction of the retractable lug (10)”) ,
wherein the protruding members include an elastic member (9) configured to be elastically compressed while the strap is coupled to the frame and to extend when the fastening structure of the strap is fixed [fig. 5] [page 4 lines 5-8] (“(10) meets the hole in the barrel (8) Fig. 5 and is released under the force of the spring housed in the case (1), also blocking the link (4) in the locked position”),
wherein, during insertion into the guide recess as the strap is coupled to the frame, the protruding members are compressed by the elastic member while moving along the intermediate recess [page 4 lines 3-9], and
wherein, when the protruding members are fixed to the second recess and the fourth recess respectively, the protruding members extend by the elastic member [page 4 lines 3-9].
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Annotated Hazan Fig. 3
Hazan does not explicitly disclose that the wearable device is a wearable electronic device, only disclosing that the invention concerns a watch and is for a quick closure for a watch strap [abstract].
A person having ordinary skill in the art would find it obvious that the disclosure of Hazan is applicable to improve a wearable electronic device through the use of a known technique to improve similar devices in the same way.
The prior art or Katzer discloses a base device which Hazan would be seen as obvious to improve. Katzer discloses a wearable electronic device in the form of a smart watch [abstract] [fig. 1] including a case and a display [fig. 1] and lugs (110) for attaching a watch strap (114) via pins [0037].
The prior art in Hazan discloses a "comparable" device to that of Katzer but which has been improved in the same way as the claimed invention. Hazan discloses an improvement for attaching a watch strap matching the invention of claim 1 with the exception that it is not provided for a wearable electronic device and instead only a comparable wristwatch device.
From the disclosures of Katzer and Hazan, a person of ordinary skill in the art could have applied the known "improvement" technique of Hazan for attaching a watch strap in the same way to the "base" smart watch of Katzer and the results would have been predictable to one of ordinary skill in the art. While the internals of a smart watch and a mechanical watch are substantially different, means for attachment of a strap are equally applicable. Lugs and pin structures are universal to regular and electronic watches and the improvements for these attachment structures predictably achievable with a wearable electronic device where only disclosed for a mechanical watch.
Regarding Claim 4, Hazan and Katzer disclose the wearable electronic device of claim 1 and Hazan further discloses wherein the first recess, the second recess, and the first intermediate recess provide a first guide recess as an integral structure [fig. 3] (lugs shown together as part of the frame).
Regarding Claim 6, Hazan and Katzer disclose the wearable electronic device of claim 1 and Hazan further discloses wherein the first intermediate recess interconnects the first recess and the second recess in a straight line or curved line shape [fig. 3] (straight line).
Regarding Claim 7, Hazan and Katzer disclose the wearable electronic device of claim 1 and Hazan further discloses wherein the second recess and the fourth recess are disposed in the first coupling portion and the second coupling portion at mutually corresponding positions, respectively [fig. 3].
Regarding Claim 9, Hazan and Katzer disclose the wearable electronic device of claim 1 and Hazan further discloses wherein the second coupling portion comprises a third recess into which the fastening structure of the strap is insertable [fig. 3, see annotations above displaying 3 for the third recess and the second coupling portion labeled].
Regarding Claim 10, Hazan and Katzer disclose the wearable electronic device of claim 9 and Hazan further discloses wherein a second intermediate recess through which the fastening structure of the strap is capable of passing is disposed between the third recess and the fourth recess [fig. 3, see annotations above displaying the two separate intermediate recesses].
Regarding Claim 11, Hazan and Katzer disclose the wearable electronic device of claim 10 and Hazan further discloses wherein the third recess, the fourth recess, and the second intermediate recess provide a second guide recess as an integral structure [fig. 3] (lugs shown together as part of the frame).
Regarding Claim 12, Hazan and Katzer disclose the wearable electronic device of claim 10 and Hazan further discloses wherein the second recess and the fourth recess are disposed in the first coupling portion and the second coupling portion at mutually corresponding positions, respectively [fig. 3].
Regarding Claim 15, Hazan and Katzer disclose the wearable electronic device of claim 10 and Hazan further discloses wherein the second intermediate recess interconnects the third recess and the fourth recess in a straight line shape [fig. 3].
Claim 5
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Katzer and Hazan as applied to claim 1 above and further in view of Giles (US 20180125179 A1)
Regarding Claim 5, Katzer and Hazan disclose the wearable electronic device according to claim 1 but do not disclose wherein the first intermediate recess interconnects the first recess and the second recess in a curved line shape.
Giles disclose a wristwatch having an intermediate recess (15) leading to a recess (22) in which the fastening structure of the strap is configured to be fixed, this intermediate recess decreasing in depth from the first recess towards the second recess and also in height in a slightly curved shape [fig. 1]. The path of the intermediate recess is thus tapered [0037] and provides the user assistance in alignment of the projecting ends of the spring bar with the fixing recess as it travels along the intermediate recess [0016].
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, that the intermediate recess of Katzer and Hazan could be modified to taper in in a path like that shown by Giles (curved) [figs. 1-2] for the benefit Giles discloses in aligning the spring bar with the recess to which it is fixed when the user is moving it along the intermediate recess.
Conclusion
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/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2844
/EDWIN A. LEON/Primary Examiner, Art Unit 2833