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 § 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 1-20 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.
Claim 1 recites a first angle and a second angle such that “second angle being less than the first angle, therebetween”. This recitation is indefinite. The angles are defined relative to each other than they are the same and they cannot be larger or smaller than each other. If they are defined relative to some other element, than that element must be recited so as to give the angle definite scope.
Claim 13’s recitation of the first and second angle is similarly indefinite for the same reasons. Claim 1 recites “the annular member”. There is a lack of antecedent basis for this term.Claim 13 recites at least one magnetic member paced from each other. However, the terms spaced and each logically entail at least two. Thus it cannot reasonably be construed to be at least “one”. The claim is therefore indefinite.
Claim 12 recites “the second angle is smaller than the first angle and comprises an angle corresponding to half of the first angle”. How the angles are defined are not clear. Claim 15 recites “the annular member”. There is a lack of antecedent basis for this term.
Claims 2-12 and 14-20 depend from claims 1 and 13 and thus have at least the same defects.
Prior art and allowability under 35 USC 102/103 (separate from the 112 analysis):
Kumar US 2019/0113889 teaches:
a front cover (figure 1; 104 figure 1; compare to applicant’s “front cover” 201 paragraph 85 figure 2a);
a rear cover disposed on an opposite side of the front cover (at least 104 figure 3b; more accurately element figure 1b lacking a reference numeral);
PNG
media_image1.png
231
520
media_image1.png
Greyscale
an annular portion (102 figure 10) including a side portion at least partially surrounding a space between the front cover and the rear cover (figure 10) and including a display (paragraphs 3, 99) disposed at least partially along the front cover and at least one magnetic member (claims 1, 6; paragraphs 8, 17, 18, 19) comprising a magnetic material disposed at a specified first angle and a specified first distance with respect to the center of the display (claims 1, 6; paragraphs 8, 17, 18, 19; figure 2b).
Kumar teaches magnetometers – paragraph 70. Kumar does not teach Hall sensors.
Jo (US 2018/0059897 teaches an electronic input including hall sensors – paragraph 92. Jo doesn’t teach the first and second angle with the second angle being less than. Jo US 897 corresponds to the ISR cited EP 3291046.Ch 716582 details a crown and thus fails to set forth the angles relative to display center.
CN 108037655 teaches a rotatory input with hall sensors. 655 doesn’t teach the first and second angle with the second angle being less than.
KR 102206457 teaches a rotatory input with hall sensors. 457 doesn’t teach the first and second angle with the second angle being less than.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN KAYES whose telephone number is (571)272-8931. The examiner can normally be reached 10-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEAN KAYES/Patent Examiner, Art Unit 2844
Prosecution Insights