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 Arguments
Applicant’s arguments filed 7/20/2026 have been fully considered but they are not persuasive.
Applicant argues that the current application does not require gesture components or using algorithmic classifiers, while being able to transmit health related parameters to a smart device, thereby allowing a user to track health parameters. These differences make the present claims patentable over the recited patent claims.
Examiner respectfully disagrees. The obviousness double patent rejection would encompass a claim that does not have all the details of the patented claim as it is obvious to remove features. The double patent rejection is maintained.
Applicant argues that the band as claimed is different from the smart watch because the specification shows that wearable device can be a watch, a bracelet, a wristband, an ankle band, a ring, or necklace.
Examiners interpretation under BRI…. The claim is very broad as to what a band can be. The claim does not provide additional details to preclude the band from being interpreted as a smart watch as claimed. A band can be interpreted as many different things such as a ring, a necklace, ankle band, wrist band, smart watch, etc. The differentiating factor would be the specific details, within the claim, of what the band is truly intended to be. Applicants claims are open-ended and leave room for interpretation.
Applicant argues that there is no pressure sensitive mechanism that comprises an array of pressure sensors radially distributed around an inner surface of the ring, band, or necklace.
Examiner respectfully disagrees. The combination of references teaches a smart watch (i.e. the band) as obviously having such an arrangement of sensors to provide an enhanced devices that can better detect motion and gestures with redundancy and complementary sensors.
Applicant argues that the subject matter of the OFFICIAL NOTICE in claim 8 from the previous claim set is not well known.
Examiner respectfully disagrees and provides evidence due to Applicants challenge. Examiner cites to Bunsen EP 0696104 – Column 3:lines 30-46. to address the examiners statement of Official Notice from the previous office action. “The examiner takes OFFICIAL NOTICE that it very well known in the art for touch sensors to be a Force Sensitive Resistor (FSR)”. This clearly teaches that “pressure sensors 51-54 are force sensitive resistors”.
In this current rejection the examiner will update the rejection to incorporate the Bunsen EP 0696104 reference as a substitute for the subject matter of the Official Notice in view of the challenge. No new grounds of rejection is made.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6 and 9-21 are rejected on the ground of non-statutory double patenting as being unpatentable over at least claims 6, 8, and 9 of U.S. Patent No. 11502713. Although the claims at issue are not identical, they are not patentably distinct from each other because the identified claims are directed to the similar subject matter, not patentably distinct. A skilled artisan would immediately recognize that
Current Application:
Claim 1 and 13, Similarly recites: A wearable device comprising: a body portion that defines an opening, the opening being configured to receive a body part of a user therein, the body portion comprising: a receiver portion configured to receive an input from a user to modify a parameter of a smart device, wherein the receiver portion includes a pressure sensitive mechanism that receives input from the user in the form of pressure applied thereto; and at least one biometric sensor, the biometric sensor configured to measure and output at least one feature selected from the group consisting of oxygen saturation level, a pulse, a quantity of calories burned, and a heartbeat pattern, and a control component configured to: receive, from the receiver portion, the input from the user and the at least one feature; and transmit the input to the smart device to modify the parameter of the smart device and transmit to the smart device the at least one feature and wherein the pressure sensitive mechanism comprises a force sensitive resistor or piezoelectric sensor.
Claim 2 and 14, wherein the wearable device is a ring.
Claim 5: similarly recite the wearable device is designed to detect pressure imparted by a body part of the user during performance of an action by the body part of the user.
Claim 9-11: similarly recite the at least one pressure sensor is on an inner surface of the ring, the band or the necklace.
Claim 15 and 18: similarly recite the wearable device comprises a gesture component that is configured to detect pressure imparted by the body part of the user during performance of an action.
Claim 19, gesture comprises movement of hand or finger
US Patent 11502713:
Claim 6: A wearable device comprising: an adjustable strap affixed to a body portion to form an opening, the opening being configured to receive a body part of a user therein; the body portion comprising: a cover; a battery; a light-emitting diode (LED) display; a receiver portion located on the cover and configured to receive an input from the user to modify a parameter of a smart device; and a charging port for charging the wearable device; a gesture component; at least one pressure sensor configured to assist the gesture component, wherein the at least one pressure sensor comprises an array of pressure sensors radially distributed around an interior surface of the body portion; the gesture component being configured to: detect pressure imparted by the body part of the user during performance of an action by the body part of the user; measure one or more biometric parameters of the user; and transmit the one or more biometric parameters via a wireless personal area network technology to a smart device; and a control component configured to: receive, from the receiver portion, the input from the user; identify the input from the user as a gesture input, wherein the gesture input is bound to the modification of the parameter of the smart device by means of an algorithmic classifier; in response to recognizing the gesture input by the algorithmic classifier, provide a haptic response to the gesture input; and transmit the input via a wireless personal area network technology to the smart device to modify the parameter of the smart device.
8. The wearable device of claim 6, wherein each of the at least one pressure sensor comprises a force sensitive resistor or a piezoelectric sensor.
9. The wearable device of claim 6, wherein the wearable device is the ring, wherein the body part of the user is an index finger of the user, and wherein the wireless personal area network technology is Bluetooth Low Energy.
Further see claim 1.
Dependent Claims 3, 4, 12, 16-17, and 20-21 recite claims that are extremely obvious or inherent and therefore do not overcome the double patent rejection, however, the patented claims may not explicitly recite these features. A skill artisan immediately recognizes the obvious nature of what is claimed in these dependent claims and in case there is a need for additional support, the examiner takes OFFICIAL notice on these features. Any modification would be immediately obvious to a skilled artisan.
Claim 3 and 17, control component with processor/microprocessor (Obvious).
Claim 4, control component comprise switch (inherent, transistor).
Claim 12, smart device is smart phone (obvious)
Claim 16, touch action (force sensitive resistor in Clm.3 of US11502713 obviously is touch based).
Claim 20, movement of the hand is a swipe (obvious)
Claim 21, receiver portion comprises buttons configured to receive input (obvious)
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 1-6 and 9-21 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (US 2016/0195928) in view of Lehtiniemi (US 20150293590) and Bunsen (EP0696014 – Reference provided due to Applicants challenge of Official Notice).
Regarding Claims 1 and 13, Wagner teaches a wearable device comprising: a ring, a band or a necklace (Fig.1A,1B and Par.63, other wearable devices (such as a smart-watch)) comprising: A body portion that defines an opening, the opening being configured to receive a body part of a user therein, the body portion (Fig.1:104 and Par.62: user interface 10 surrounding a wrist 5 of a user) comprising: a receiver portion configured to receive an input from a user (Fig.2, Fig.3, and Par.67: user interface 10 detects gestures using the bio-potential sensors 12 and the motion sensors 15. Note: user interface portion is a receiver portion) to modify a parameter of a smart device (Fig.2, Fig.3, computerized device 29 and Par.66, the computerized device 29 may be controlled by the user interface 10, whereby the computerized device 29 may be any device having a computerized interface such as smartphones, PC, tablets, televisions, etc. (To be controlled is to have a parameter modified)), and at least one biometric sensor (Fig.3:32, Heart rate sensors), the biometric sensor configured to measure and output at least one feature {selected from the group consisting of oxygen saturation level}, a pulse (Par.23, Par.34, gesture controlled system having additional heart rate sensors, showing the information flow between the user interface and a computerized device), {a quantity of calories burned, and a heartbeat pattern,} and a control component (Fig.3:21) configured to: receive, from the receiver portion, the input from the user and the at least one feature (Fig.3: signal processor 21 receives from user interface 33 comprised of elements 12, 13, and 32); and transmit the input to the smart device to modify the parameter of the smart device (Par.66, the computerized device 29 may be controlled by the user interface 10) and transmit to the smart device the at least one feature (Par.81, A signal from the user interface 43, namely from… or the heart rate sensors 32, is transferred as output from an output controller 42 to the communication controller 13. This output may then be transmitted via wireless communication to the computerized device 49 in order to process these signals). Wagner clearly teaches using a plurality of sensors to detect gestures (Par.62 and Par.66, biopotential sensors and motion sensors. (Citations teach having different sensors allows detecting some movements that are not detected by the other)). However, Wagner does not expressly teach the receiver portion includes a pressure sensitive mechanism that receives input from the user in the form of pressure applied thereto, wherein the pressure sensitive mechanism comprises an array of pressure sensors radially distributed around an inner surface of the ring, band, or necklace.
Lehtiniemi teaches a receiver portion includes a pressure sensitive mechanism that receives input from the user in the form of pressure applied thereto (Par.26: inner sensors 104 may comprise touch-sensitive sensors capable of detecting touch inputs to the wearable device and/or movement of the wearable device 100 relative to a user's body. (Touch sensitive is a pressure sensor)), wherein the pressure sensitive mechanism comprises an array of pressure sensors radially distributed around an inner surface of the ring, band, or necklace (Fig.1:104 and Par.26, inner sensors 104).
Therefore, to one of ordinary skill in the art, it would have been obvious before the effective filing date of the invention to modify Wagner with the teachings from Lehtiniemi which show that it is well known to utilize pressure sensors in a smart watch/band. As mentioned earlier, Wagner already teaches using a plurality of sensors to detect gestures (Par.62 and Par.66, biopotential sensors and motion sensors) where using different sensors allows detecting some movements that are not detected by the other. A skilled artisan recognizes that further adding pressure sensors would be very obvious and is common practice in sensor fusion to cover “blind spots” of the other two types of sensors. This would provide an enhanced device which can better detect motion and gestures with redundancy and complementary sensors. However, the combination of Wagner and Lehtiniemi does not expressly teach the at least one pressure sensor is a force sensitive resistor or a piezoelectric sensor.
Bunsen teaches that it very well known in the art for touch sensors to be a Force Sensitive Resistor (FSR). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to modify Wagner and Lehtiniemi with the subject matter Bunsen to provide an enhanced device using slim solid state parts to help keep the device lightweight but also ensuring durability and lifespan of the device.
Regarding Claim 2 and 14, Wagner teaches the wearable device is a ring (Fig.1B: user interface 10 surrounding a wrist 5 of a user, (ring interpreted as: circular band for holding)).
Regarding Claim 3 and 17, Wagner further teaches the control component (Fig.2:22) comprises processing circuitry (Fig.2:22, signal processor), a microprocessor or processor (Fig.2:22, signal processor), and a computer-readable medium that stores computer-readable program code executable by the microprocessor or processor (Fig.2:22 and Par.21), {logic gates, switches, an application specific integrated circuit (ASIC), a programmable logic controller, or an embedded microcontroller} (the OR makes the limitations optional, only one is necessary).
Regarding Claim 4, Wagner teaches the control component (Par.68 and Fig.2:22 signal processor) comprises switches (inherent feature as processors are an array of switches (i.e. transistors)).
Regarding Claims 5 and 6, Lehtiniemi teaches the wearable device (Fig.1) is designed to detect pressure imparted by a body part of the user during performance of an action by the body part of the user (Par.24-26, The outer sensors 102 and/or inner sensors 104 may comprise touch-sensitive sensors capable of detecting touch inputs to the wearable device and/or movement of the wearable device 100 relative to a user's body).
Regarding Claims 9-11, Wagner teaches a ring (Par.62 and Fig.1B, ring interpretated as: circular band for holding) and Lehtiniemi teaches the at least one pressure sensor is on an inner surface of the ring (Fig.1 and Par.30, ring interpretated as: circular band for holding), the band or the necklace (Par.26, The outer sensors 102 and/or inner sensors 104 may comprise touch-sensitive sensors capable of detecting touch inputs to the wearable device and/or movement of the wearable device 100 relative to a user's body).
Regarding Claim 12, Wagner teaches the control component (Fig.4A:42) is configured to: receive, from the receiver portion, the input from the user (Fig.3: signal processor 21 receives from user interface 33 comprised of elements 12, 13, and 32) and transmit the input to the smart device (Par.66, the computerized device 29 may be controlled by the user interface 10), wherein the smart device is a smart light, a smart television, a smartphone (Par.66, the computerized device 29 may be any device having a computerized interface such as smartphones, PC, tablets, televisions, etc), a smart thermostat, a smart doorbell, a smart lock, a smart refrigerator, smart glasses, a smart watch, or a smart speaker.
Regarding Claim 15, the combination of Wagner and Lehtiniemi teaches wherein the wearable device comprises a gesture component that is configured to detect pressure imparted by the body part of the user during performance of an action (Lehtiniemi Fig.1, Par.24-26, Wagner: Par.63).
Regarding Claim 16, Lehtiniemi teaches the action is a touch action (Par.26, The outer sensors 102 and/or inner sensors 104 may comprise touch-sensitive sensors capable of detecting touch inputs to the wearable device and/or movement of the wearable device 100 relative to a user's body).
Regarding Claim 18, Wagner teaches the input from a user comprises a gesture (Par.63).
Regarding Claim 19, Wagner teaches the gesture comprises movement of a hand or a finger (Par.63).
Regarding Claim 20, Lehtiniemi teaches the movement of the hand is a hand swipe (Par.24, A gesture input may include a touch gesture input (e.g., a tap, a double tap, a swipe or a flick gesture), a motion gesture input (e.g., tilting, rotating or shaking a device), a hover gesture input (e.g., a gesture in close proximity to a device without touching the device) or a combination thereof)
Regarding Claim 21, Lehtiniemi teaches the receiver portion further comprises buttons configured to receive input from the user (Par.40 and Par.46, user interface 322 may include, for example, a keyboard, a mouse, a joystick, a display, a touch screen(s), touch areas, soft keys, a microphone, a speaker, or other input/output mechanisms).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (US9363640):
Col.3:lines 17-27 – wearable can be a fitness band, watch, bracelet
Col.7:lines 50-61 – contact sensor can be piezoelectric, pressure sensor.
Col.8:lines 4-32- biometric unit- e.g. heart rate
Figure 6 and Col.17: heart rate and temperature can be measured: “electronic system 100 can also generate a target setting 610 based on the biometric indicator 602 of the user 306. The target setting 610 refers to a setting of one or more instances of the target device 304. For example, the target device 304 can be a thermostat and the target setting 610 can be a temperature setting of the thermostat. As can be seen in FIG. 6, the client device 302 can detect elevated instances of both the heart rate 408 and the body temperature 606 of the user 306. The client device 302 can then communicate with a cooling unit, such as an air conditioner, representing the target device 304 to lower a temperature of the cooling unit representing the target setting 610 accommodate the elevated instances of the heart rate 408 and the body temperature 606 of the user 306.”
Conner (20150370320)
Par.113: Set “A” further comprises: wrist band, wrist watch, smart watch, bracelet, bangle, strap, other wrist-worn band.
Par.206: array of sensors
Par.418: a wearable home control module can remotely control the operation of a home environmental control system. In an example, a wearable home control module can remotely control the operation of a Heating Ventilation and Air Conditioning (HVAC) system. In an example, a wearable home control module can remotely control the operation of one or more home appliance
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 WESLEY LEO KIM whose telephone number is (571)272-7867. The examiner can normally be reached 9-5:30 M-F.
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The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WESLEY L KIM/Supervisory Patent Examiner, Art Unit 2648
Prosecution Insights