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 Rejections - 35 USC § 102 4
Claims 1-20 4
Conclusion 9
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 amendments to claims 2-3 and 8-12 are acknowledged. These amendments overcome the previous 35 U.S.C. 112(b) rejections of these claims and they are accordingly withdrawn. The previous objection to drawings is overcome by the amendments to claim 3 and is accordingly withdrawn.
Response to Arguments
Applicant's arguments filed 10/15/25 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, specifically that prior art failed to disclose the limitation “a plurality of holding portions which holds the module in the case such that flexural deformation of the module is restricted to deformation where a virtual straight line extending in a longitudinal direction of the brittle member serves as a center line”, it is found that the limitation under BRI is met by the prior art of record. Claim 1 does not connect the limitation “a center line” to the flexural deformation in as narrow of a manner as argued by Applicant. There is insufficient connection between the claimed flexural deformation and the center line to require any more than any center line meets the claimed limitation, and there are several ways for a line to be considered a center line in the context of claim 1. The claim does not clearly require a location only, but under the broadest reasonable interpretation is met when there is deformation and when a line center line extends in the longitudinal direction. Without additional details claimed requiring a more narrow or alternate interpretation of the limitations “a virtual straight line” and “ a center line”, this limitation is met by the center line of Tajima as previously rejected. Similarly, a longitudinal direction of the brittle member is met by the element 15d of Tajima because this show a line in the length direction of the aperture portion of the brittle member, which is a longitudinal direction of the brittle member.
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.
(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.
Claims 1-20
Claims 1-20 are rejected under 35 U.S.C. 102(s)(1) as being anticipated by Tajima et al. (JP 2020159767 A, hereinafter “Tajima”).
Regarding Claim 1, Tajima discloses an arm wearable device [abstract], comprising: a case (1); a module (8) which has a brittle member [0012, “a display unit that electro-optically displays information such as time and date”] [0017,” display unit (not shown) of the clock module 8 arranged below the fourth sub-display area 15d”] and is provided in the case [0011]; and a plurality of holding portions (13a) [figs 3a, 3b] which holds the module in the case [0027] such that flexural deformation of the module is restricted [0028] to deformation where a virtual straight line extending in a longitudinal direction of the brittle member serves as a center line [fig. 3b, see FIG 1 below with annotations showing where the representative virtual line is drawn – the positioning of the three holding portions 13a forming the virtual lines as shown below which meets the claimed function like that shown in figs. 9 and 10 of the present application].
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FIG. 1: Taijma Fig. 3b annotated to show virtual lines
Regarding Claim 2, Tajima discloses the arm wearable device according to claim 1, and further discloses wherein the plurality of holding portions comprises of three holding portions, each holding portion is provided at a respective one of three points (three points for 13a) [figs. 3a, 3b].
Regarding Claim 3, Tajima discloses the arm wearable device according to claim 2, and further discloses wherein the plurality of holding portions is provided respectively at the three points, the three points, comprising:
(i) two points close to points where a first virtual straight line extending in a same direction as the longitudinal direction of the brittle member and located on an opposite side to a side where the brittle member is located with respect to where a center of the module intersects with outer circumferential portions of the module [fig. 3b]; and
(ii) one point (13a) where a second virtual straight line [fig. 3b, see FIG 1 above with annotation showing Virtual Line 2] perpendicularly intersecting with the first virtual straight line intersects with an outer circumferential portion of the module located on a same side as a side where the brittle member is located with respect to the center of the module [fig. 3b].
Regarding Claim 4, Tajima discloses the arm wearable device according to claim 3, and further discloses wherein the brittle member is provided at a position overlapping with the second virtual straight line [fig. 3b, see FIG 1 above with annotation showing virtual line 2 overlapping 12b/15d].
Regarding Claim 5, Tajima discloses the arm wearable device according to claim 4, and further discloses am arm wearable device with a structure which accomplishes the claimed functions that the deformation of the module occurs such that a portion of the module corresponding to the virtual straight line has a largest displacement amount [fig. 3b, see FIG 1 above with annotations showing where the representative virtual line is drawn – the positioning of the three holding portions 13a forming the virtual lines as shown below which meets the claimed function like that shown in figs. 9 and 10 of the present application], and wherein the plurality of holding portions is provided such that the virtual straight line does not overlap with the brittle member [fig. 3b, see FIG 1 above with annotations showing where the representative virtual line is drawn – the positioning of the three holding portions 13a forming the virtual lines as shown below which meets the claimed function like that shown in figs. 9 and 10 of the present application].
Regarding Claim 6, Tajima discloses the arm wearable device according to claim 1, and further discloses wherein the module includes a reinforcement member (14) [0024-0026].
Regarding Claim 7, Tajima discloses the arm wearable device according to claim 2, and further discloses wherein the module includes a reinforcement member (14) [0024-0026].
Regarding Claim 8, Tajima discloses the arm wearable device according to claim 6, and also discloses another reinforcement member (16) which is a metal decorative ring which provides reinforcement merely by adding thickness to the base plate 13 just as the reinforcement member 14 does [0024-0026] and which may be provided on circular hole 14c [0023] in which case, in a front view, the plurality of holding portions is arranged such that the virtual straight line is located between the brittle member and the reinforcement member [fig. 3b, see FIG 1 above with annotations showing where the representative virtual line is drawn – in between 14c and 12b/15d].
Regarding Claim 9, Tajima discloses the arm wearable device according to claim 7, and also discloses another reinforcement member (16) which is a metal decorative ring which provides reinforcement merely by adding thickness to the base plate 13 just as the reinforcement member 14 does [0024-0026] and which may be provided on circular hole 14c [0023] in which case, in a front view, the plurality of holding portions is arranged such that the virtual straight line is located between the brittle member and the reinforcement member [fig. 3b, see FIG 1 above with annotations showing where the representative virtual line is drawn – in between 14c and 12b/15d].
Regarding Claim 10, Tajima discloses the arm wearable device according to claim 1, and further discloses wherein the brittle member is a rectangular display member (15d, 12b show rectangular display) [0017,” display unit (not shown) of the clock module 8 arranged below the fourth sub-display area 15d”].
Regarding Claim 11, Tajima discloses the arm wearable device according to claim 2, and further discloses wherein the brittle member is a rectangular display member (15d, 12b show rectangular display) [0017,” display unit (not shown) of the clock module 8 arranged below the fourth sub-display area 15d”].
Regarding Claim 12, Tajima discloses the arm wearable device according to claim 3, and further discloses wherein the brittle member is a rectangular display member (15d, 12b show rectangular display) [0017,” display unit (not shown) of the clock module 8 arranged below the fourth sub-display area 15d”].
Regarding Claim 13, Tajima discloses the arm wearable device according to claim 1, and further discloses wherein the module includes a housing (10) where the brittle member is provided [0012], and a dial plate (12) which is arranged on an upper surface of the housing [0013].
Regarding Claim 14, Tajima discloses the arm wearable device according to claim 13, and further discloses wherein the plurality of holding portions is provided on outer circumferential portions of the dial plate [fig. 3b].
Regarding Claim 15, Tajima discloses the arm wearable device according to claim 13, and further discloses wherein the dial plate is provided with a reinforcement member with decoration (14) [0024-0026].
Regarding Claim 16, Tajima discloses the arm wearable device according to claim 14, and further discloses wherein the dial plate is provided with a reinforcement member with decoration (14) [0024-0026].
Regarding Claim 17, Tajima discloses the arm wearable device according to claim 1, and further discloses wherein the module includes a housing (10) where the brittle member is provided [0012], and a hold-down plate (13) which is arranged on an upper surface of the housing [fig. 2].
Regarding Claim 18, Tajima discloses the arm wearable device according to claim 17, and further discloses wherein the plurality of holding portions is provided on outer circumferential portions of the hold-down plate [figs. 3a, 32b].
Regarding Claim 19, Tajima discloses the arm wearable device according to claim 1, and further discloses a timepiece [0001] comprising the arm wearable device according to claim 1.
Regarding Claim 20, Tajima discloses the arm wearable device according to claim 2, and further discloses a timepiece [0001] comprising the arm wearable device according to claim 2.
Conclusion
THIS ACTION IS MADE FINAL. 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 KEVIN A JOHNSTON whose telephone number is (571)272-4353. The examiner can normally be reached Monday - Friday 10 a.m. - 7p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Regis Betsch can be reached at (571) 270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2844
/REGIS J BETSCH/SPE, Art Unit 2844