DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu. (CN 107373922) in view of Herrmann. (DE 4025314)
With respect to claim 1, Liu teaches an electronic device (annular wrist band 1) configured to be worn by a user, comprising: a housing having a front and a rear, wherein the rear of the housing is configured to contact the user when the electronic device is worn; a display (display module 8) at the front and control circuitry (controller 2) configured to determine the ambient air speed. (Abstract, translation pages 4-6)
Liu does not teach the control circuitry is configured to heat the display from a first temperature to a second temperature, and to determine an ambient air speed based on a cooling response of the display.
Herrmann teaches an apparatus which calculates air speed based on a cooling response. (Abstract, translation, pages 2-4)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Liu to include circuitry to determine an air speed, as taught by Herrmann in order to readily provide a user with this information based on an alternative known sensing technology.
With respect to claim 10, Liu teaches an electronic device (annular wrist band 1) having a display (display module 8) and control circuitry (controller 2) that drives the display, and detects a wind speed. (Abstract, translation pages 4-6)
Liu does not teach detecting a rate of change of a temperature of the display; in response to determining that the temperature of the display has reached an equilibrium within a threshold, heating the display from a first temperature to a second temperature; measuring a cooling response of the display; and calculating an air speed based on the cooling response of the display.
Herrmann teaches an apparatus which calculates air speed based on a cooling response. (Abstract, translation, pages 2-4)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Liu to include circuitry to determine an air speed using the display temperature, as taught by Herrmann, in order to readily provide a user with this information based on an alternative known sensing technology.
With respect to claim 20, Liu teaches an electronic device, comprising: a housing; and control circuitry to determine an ambient air speed. (Abstract, translation pages 4-6)
Liu does not teach a heat source in the housing; a temperature sensor in the housing; and control circuitry configured to heat a portion of the electronic device from a first temperature to a second temperature using the heat source, and to determine an ambient air speed based on a cooling response of the portion of the electronic device.
Herrmann teaches an apparatus which calculates air speed based on a cooling response. (Abstract, translation, pages 2-4)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Liu to include circuitry to determine an air speed using the display temperature, as taught by Herrmann, in order to readily provide a user with this information based on an alternative known sensing technology.
With respect to claims 2 and 11, although Liu, as modified by Herrmann, does not explicitly teach wherein the control circuitry is configured to heat the display by changing a brightness of the display from a first brightness level to a second brightness level that is greater than the first brightness level, this would be an inherent result of changing the brightness and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to include this functionality in order to provide a ready heat source without additional components.
With respect to claims 3, 5 and 16, although Liu, as modified by Herrmann, does not explicitly teach an array of temperature sensors interposed between the display and the rear of the housing, this would be an advantageous location for a temperature sensors to carry out the detection taught by Herrmann and therefore it would have been obvious to one having ordinary skill in the art at the time of the invention to include the array of temperature sensors in this location in order to provide convenient heating to the sensors of the control circuitry.
With respect to claims 4, 13 and 23, although Liu, as modified by Herrmann, does not explicitly teach a heater interposed between the display and the rear of the housing, wherein the control circuitry is configured to heat the display using the heater, this would be an advantageous location for a heater to carry out the detection taught by Herrmann and therefore it would have been obvious to one having ordinary skill in the art at the time of the invention to include a heater in this location in order to provide convenient heating to the sensors of the control circuitry.
With respect to claim 6, Liu, as modified by Herrmann, teaches the control circuitry is configured to determine the first temperature and the second temperature based on measurements from the array of temperature sensors. (Herrmann)
With respect to claim 7, Liu, as modified by Herrmann, teaches the first and second temperatures vary across the display, and wherein the control circuitry is further configured to determine a wind direction based on a variance of the measurements from the array of temperature sensors. (Herrmann)
With respect to claims 8 and 14, although Liu, as modified by Herrmann, does not explicitly teach an ambient light sensor in the housing, wherein the control circuitry is configured to determine whether the display is shaded based on measurements from the ambient light sensor, this is a common function for a wearable device and therefore it would have been obvious to one having ordinary skill in the art at the time of the invention to include this functionality in order to provide additional information to the user.
With respect to claims 9 and 15, although Liu, as modified by Herrmann, does not explicitly teach the control circuitry is further configured to determine a heat capacity of the display based on the heat input to the display and the second temperature, and to detect water based on the heat capacity of the display, this is a common function for a wearable device and therefore it would have been obvious to one having ordinary skill in the art at the time of the invention to include this functionality in order to provide additional information to the user.
With respect to claim 12, although Liu, as modified by Herrmann, does not explicitly teach that increasing the brightness of the display to the second brightness level comprises increasing the brightness of the display to a maximum brightness level, this would have been an obvious response in order to provide the largest potential heat increase.
With respect to claim 17, Liu, as modified by Herrmann teaches measuring the cooling response of the display comprises measuring a time required for the display to cool to a given temperature.
With respect to claim 18, Liu, as modified by Herrmann teaches measuring the cooling response of the display comprises measuring a temperature that the display cools to after a given period of time.
With respect to claim 19, Liu, as modified by Herrmann teaches measuring the cooling response of the display comprises taking multiple display temperature measurements over time and fitting a curve to the multiple display temperature measurements.
With respect to claim 21, although Liu, as modified by Herrmann, does not explicitly teach a pressure sensor, wherein the temperature sensor and the heat source are within the pressure sensor, a pressure sensor is a common component for a wearable device and therefore it would have been obvious to one having ordinary skill in the art at the time of the invention to include this functionality in order to provide additional information to the user.
With respect to claim 22, Liu, as modified by Herrmann, teaches a wrist strap coupled to the housing; and a crown coupled to the housing, wherein the heat source and temperature sensor are in the crown.
With respect to claims 24-26, although Liu, as modified by Herrmann, does not explicitly teach the heat source and temperature sensor are within a single component, wherein the single component comprises a MEMS gas sensor, the heat source is a MEMS heater, and the temperature sensor is an integrated temperature sensor, and wherein the single component further comprises a pressure sensor and a humidity sensor, these are all common components for a wearable device and therefore it would have been obvious to one having ordinary skill in the art at the time of the invention to include this functionality in order to provide additional, accurate information to the user.
Response to Arguments
Applicant's arguments filed January 2, 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that, “even if Liu were modified by Herrmann as suggested, the resulting combination would not measure air speed based on heating of a display and the cooling response of the display”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In this case, Liu teaches that a wearable device can be used to measure ambient conditions. Herrmann teaches that a cooling response of an object can be used to determine the ambient air speed. Therefore, it would have been obvious to one having ordinary skill in the art to modify the wearable device of Liu to measure the cooling response of a part of the wearable device to determine the ambient air speed. Applicant’s arguments regarding the combination of the features of the devices are not persuasive, as one having ordinary skill in the art would be readily able to modify the structure to achieve functional results and would not have to include any portion of the structure which does not make sense for this function.
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 Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
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/JILL E CULLER/Primary Examiner, Art Unit 2853