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 .
Status of Claims
This Office Action is in response to the application filed on 10/17/2023. Claims 1-20 are presently pending and are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/17/2023 and 4/14/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 7,10,19 and 20 are objected to because of the following informalities:
Claims 7,10,19 and 20 recites “the device“ and “the charger” which lack antecedence basis.
Examiner will examine/interpret as “the wearable device“ and the “electrical charger”.
Claim 10 recites “wherein the or each side” which is unclear. Examiner will examine/interpret as “wherein each side wall extends higher “.
Appropriate correction required.
Examiner note on Double Patenting rejections
The following DP rejections are stated below. Item to-item matching is abbreviated to identify the claims in the pending application that are analogous to the conflicting application. The Examiner has underlined the claim limitation that is not explicitly taught in the conflicting application.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1,19 and 20 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1,19, and 20 of U.S. Patent US 12560894 in view of Chen (CN 106159617). Although the claims are not identical, they are not patentably distinct from each other.
App# 18/488590 U.S. Patent 12560894
1. An electrical charger configured to charge a battery of a wearable device configured to be positioned on a user's wrist, the wearable device further comprising an enclosure, a crown protruding through the enclosure, the crown being a hardware input for the user, and a case back configured to be at least partially in contact with the skin of the wrist, wherein the electrical charger comprises: at least one side wall, configured to be in contact with the wearable device in a charging configuration, wherein the at least one side wall defines a crown insertion volume, so that the crown is at least partially insertable inside the crown insertion volume in the charging configuration, a first electrical connector protruding inside the crown insertion volume and configured to be in contact with the crown in the charging configuration, and a second electrical connector configured to be in contact with the wearable device in the charging configuration, the second electrical connector being located on the at least one side wall, the second electrical connector being located outside the crown insertion volume.
19. An assembly comprising an electrical charger according to claim 1 and a wearable device, the assembly being configured to switch from a separated configuration in which the charger is away from the device to a charging configuration in which the charger cooperates with the device to electrically charge the rechargeable battery.
20. A method of charging with an assembly according to claim 19, wherein the assembly is initially in the separated configuration, the method comprising: switching the assembly from the separated configuration to the charging configuration, and electrically charging the rechargeable battery of the device by the charger.
1. A wearable device configured to be positioned on a user's wrist, the wearable device comprising: a rechargeable battery configured to provide energy for the wearable device, the rechargeable battery comprising a first pole and a second pole, an enclosure, a crown protruding through the enclosure, the crown being a hardware input for the user, and a case back configured to be at least partially in contact with the skin of the wrist, wherein the crown is configured to be electrically connected to the first pole and wherein the enclosure is configured to be electrically connected to the second pole.
19. An assembly comprising a wearable device according to claim 1 and an electric charger, the assembly being configured to switch from a separated configuration in which the charger is away from the device to a charging configuration in which the charger cooperates with the device to electrically charge the rechargeable battery.
20. A method of charging with an assembly according to claim 19, wherein the assembly is initially in the separated configuration, the method comprising: switching the assembly from the separated configuration to the charging configuration, and electrically charging the rechargeable battery of the device by the charger.
As to claim 1 ‘894 does not disclose/teach wherein the electrical charger comprises: at least one side wall, configured to be in contact with the wearable device in a charging configuration, wherein the at least one side wall defines a crown insertion volume, so that the crown is at least partially insertable inside the crown insertion volume in the charging configuration, a first electrical connector protruding inside the crown insertion volume and configured to be in contact with the crown in the charging configuration, and a second electrical connector configured to be in contact with the wearable device in the charging configuration, the second electrical connector being located on the at least one side wall, the second electrical connector being located outside the crown insertion volume.
Chen teaches wherein the electrical charger comprises: at least one side wall, configured to be in contact with the wearable device in a charging configuration (Fig. 2 and 5 sidewalls 22 above), wherein the at least one side wall defines a crown insertion volume (Fig. 2 and 5 above), so that the crown is at least partially insertable inside the crown insertion volume in the charging configuration (Fig. 2 and 5 above), a first electrical connector (Fig. 4-5, Second Transmission Unit 24) protruding inside the crown insertion volume and configured to be in contact with the crown in the charging configuration (Fig. 4-5 and [0065], and the two conductive buttons 15 and 15A are electrically connected to the two second transmission units 24 and 24A respectively. In other words, the rechargeable unit 121 can be electrically connected to the .. two second transmission units 24, 24A to form a charging circuit. In this way, the two second transmission units 24, 24A can be connected to an external power source to charge the rechargeable unit 121), and a second electrical connector (Fig. 4-5, Second Transmission Unit 24A) configured to be in contact with the wearable device in the charging configuration (Fig. 5 and [0065]), the second electrical connector being located on the at least one side wall ([0064] The second transmission unit 24 and the other second transmission unit 24A …are arranged in a spaced-apart configuration), the second electrical connector being located outside the crown insertion volume (Fig. 2 [0064] Second Transmission Unit 24A outside of area Second Transmission Unit 24… The second transmission unit 24 and the other second transmission unit 24A can be positive and negative terminals, respectively, and are disposed on one of the top abutment surfaces 22 and are arranged in a spaced-apart configuration).
It would have been obvious to a person of ordinary skill in the art to modify the electrical charger of ‘894 to comprise at least one side wall, configured to be in contact with the wearable device in a charging configuration, wherein the at least one side wall defines a crown insertion volume, so that the crown is at least partially insertable inside the crown insertion volume in the charging configuration, a first electrical connector protruding inside the crown insertion volume and configured to be in contact with the crown in the charging configuration, and a second electrical connector configured to be in contact with the wearable device in the charging configuration, the second electrical connector being located on the at least one side wall, the second electrical connector being located outside the crown insertion volume in order to accommodate and charge the wearable device [0065].
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112 (b), 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.
Claim 14 is/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 pre-AIA the applicant regards as the invention.
As to claim 14 , which recites “wherein the soft conductive material is a conductive foam, a doped silicone or an elastomer filled with conductive particles” is unclear.
Claim 13 from which is depends recites “wherein each electrical connector is a soft conductive material or a spring”. Claim 14 suggests the electrical connector MUST be the soft conductive material . However Claim 13 is limited to either the soft conductive material OR a spring but not both.
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.
Claims 1-2,4-7,10-12,16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN 106159617).
PNG
media_image1.png
622
794
media_image1.png
Greyscale
PNG
media_image2.png
674
870
media_image2.png
Greyscale
As to claim 1, Chen discloses an electrical charger configured to charge a battery of a wearable device configured to be positioned on a user's wrist (Fig. 2-5 [0064] docking station 20 charges the rechargeable unit 121 electronic device 10 which is a watch), the wearable device further comprising an enclosure ([0059] housing 11), a crown protruding through the enclosure ([0059] 15, 15A conductive push buttons), the crown being a hardware input for the user ([0011] When the conductive button is pressed and located in the second position (e.g., when pressed by a user), and a case back configured to be at least partially in contact with the skin of the wrist (Fig. 5), wherein the electrical charger comprises:
at least one side wall, configured to be in contact with the wearable device in a charging configuration (Fig. 2 and 5 sidewalls 22 above), wherein the at least one side wall defines a crown insertion volume (Fig. 2 and 5 above), so that the crown is at least partially insertable inside the crown insertion volume in the charging configuration (Fig. 2 and 5 above), a first electrical connector (Fig. 4-5, Second Transmission Unit 24) protruding inside the crown insertion volume and configured to be in contact with the crown in the charging configuration (Fig. 4-5 and [0065], and the two conductive buttons 15 and 15A are electrically connected to the two second transmission units 24 and 24A respectively. In other words, the rechargeable unit 121 can be electrically connected to the .. two second transmission units 24, 24A to form a charging circuit. In this way, the two second transmission units 24, 24A can be connected to an external power source to charge the rechargeable unit 121), and a second electrical connector (Fig. 4-5, Second Transmission Unit 24A) configured to be in contact with the wearable device in the charging configuration (Fig. 5 and [0065]), the second electrical connector being located on the at least one side wall ([0064] The second transmission unit 24 and the other second transmission unit 24A …are arranged in a spaced-apart configuration), the second electrical connector being located outside the crown insertion volume (Fig. 2 [0064] Second Transmission Unit 24A outside of area Second Transmission Unit 24… The second transmission unit 24 and the other second transmission unit 24A can be positive and negative terminals, respectively, and are disposed on one of the top abutment surfaces 22 and are arranged in a spaced-apart configuration)
As to claim 2, Chen teaches the electrical charger according to claim 1, wherein the second electrical connector is arranged on the same side wall as the crown insertion volume (Fig. 2, 4-5 transmission unit 24A).
As to claim 4, Chen teaches the electrical charger according to claim 1, further comprising a base configured to be in contact with the wearable device in the charging configuration (Fig. 5 abutting surface 22 and side walls 21 abuts the electronic device 10), and wherein the side wall protrudes out of the base ([0066] Fig. 5 element 66).
As to claim 5, Chen teaches the electrical charger according to claim 4, wherein the base is configured to be in contact with the case back in the charging configuration (Fig. 5 abutting surface 22 and side walls 21).
As to claim 6, Chen teaches the electrical charger according to claim 4, wherein the base extends along a horizontal plan, wherein the second electrical connector is arranged next to the crown insertion volume in a horizontal direction (Fig. 2,4, and 5).
As to claim 7, Chen teaches the electrical charger according to claim 4, comprising another side wall, protruding from the base, wherein the base and the two side walls form a watch reception volume configured to receive at least partially the device in a charging configuration (Fig. 5 [0066]- [0067]) .
As to claim 10, Chen discloses the electrical charger according to claim 1, wherein the or each side wall extends higher than a height of the device in the charging configuration (Fig. 1) and includes a rim configured to maintain the device on the charger (Fig. 5 [0066] eave block 211).
As to claim 11, Chen discloses the electrical charger according to claim 1, wherein the first electrical connector is deformable along a direction of insertion of the crown in the crown insertion volume (Fig. 4).
As to claim 12, Chen discloses the electrical charger according to claim 1, wherein the first electrical connector is positioned at the bottom of the crown insertion volume along the direction of insertion of the crown in the crown insertion volume (Fig. 4 when the crown is contact with the electrical connectors position within the insertion volumes).
As to claim 16, Chen discloses the electrical charger according to claim 1, wherein the insertion volume is an insertion slot (Fig.2) .
As to claim 18, Chen discloses the electrical charger according to claim 1, wherein the crow insertion volume has a shape complementary to the shape of the crown, with a functional clearance (Fig. 4).
As to claim 19, Chen discloses an assembly comprising an electrical charger according to claim 1 (Fig. 1-2 dock base 20) and a wearable device (Fig. 2-5 [0064] docking station 20 charges the rechargeable unit 121 electronic device 10 which is a watch), the assembly being configured to switch from a separated configuration in which the charger is away from the device (Fig. 2) to a charging configuration in which the charger cooperates with the device to electrically charge the rechargeable battery (Fig. 1, 4-5 and [0065], .. In other words, the rechargeable unit 121 can be electrically connected to the .. two second transmission units 24, 24A to form a charging circuit. In this way, the two second transmission units 24, 24A can be connected to an external power source to charge the rechargeable unit 121).
As to claim 20, Chen discloses a method of charging with an assembly according to claim 19, wherein the assembly is initially in the separated configuration (Fig. 1), the method comprising: switching the assembly from the separated configuration to the charging configuration, and electrically charging the rechargeable battery of the device by the charger ([0010] When the electronic device is housed in the accommodating space).
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 3, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 106159617).
As to claim 3, Chen teaches the electrical charger according to claim 1.
Chen does not disclose/teach wherein each electrical connector is a metallic pogo pin.
However Examiner takes official notice that pogo pins used in electrical connectors are old and well known and widely used in consumer electronics.
It would have been obvious to a person of ordinary skill in the art to modify the each electrical connector of Chen to be a metallic pogo pin for their high durability and easing in mating.
As to claim 13, Chen discloses the electrical charger according to claim 1, Chen does not disclose/teach wherein each electrical connector is a soft conductive material or a spring.
However Examiner takes official notice that electrical connector as a soft conductive material such as conductive rubber / elastomers are old and well known and widely used in consumer electronics.
It would have been obvious to a person of ordinary skill in the art to modify the each electrical connector of Chen to be a soft conductive material for their high reliability.
As to claim 14, Chen teaches the electrical charger according to claim 13.
Chen does not disclose/teach wherein the soft conductive material is a conductive foam, a doped silicone or an elastomer filled with conductive particles.
However Examiner takes official notice that electrical connector as a soft conductive material such as conductive rubber / elastomers are old and well known and widely used in consumer electronics.
It would have been obvious to a person of ordinary skill in the art to modify the each electrical connector of Chen to be conductive rubber / elastomers for their high reliability.
As to claim 15, Chen discloses the electrical charger according to claim 1.
Chen does not disclose/teach wherein the crown insertion volume is an insertion blind hole.
However, it would have been obvious to a person of ordinary skill in the art to modify the crown insertion volume of Chen to be an insertion blind hole in order to protect the electrical connector from damage.
Claims 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 106159617) in view of Smith (US 20160317086).
As to claim 8, Chen teaches the electrical charger according to claim 4.
Chen does not disclose/teach wherein at least one of the side walls is configured to be movable with respect to the base.
Smith teaches wherein at least one of the side walls is configured to be movable with respect to the base (Fig.1D Abstract and [0027] The hinged clasp is attached to a second wall of the shell and the hinged clasp is configured to engage a second slot of the wearable electronic device).
It would have been obvious to a person of ordinary skill in the art to modify the at least one of the side walls of Chen to wherein at least one of the side walls is configured to be movable with respect to the base in order to engage and release the wearable electronic device.
As to claim 9, Chen in view of Smith teaches the electrical charger according to claim 8, wherein: at least one of the side walls is configured to be movable in translation with respect to the base, the charger comprising a spring forcing the moveable side wall in direction of the base, or at least one of the side walls is movable by flexion, or at least one of the side walls is hinged to the base (Fig.1D Abstract and [0027] of Smith).
Claim 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 106159617) in view of Stousland (US 11575269).
As to claim 17, Chen discloses the electrical charger according to claim 16.
Chen does not disclose/teach wherein the insertion slot has a dovetail shape to retain the crown in the insertion slot.
Stousland teaches wherein the insertion slot has a dovetail shape to retain the crown in the insertion slot (Fig. 1-,8 button recess 126, 226).
It would have been obvious to a person of ordinary skill in the art to modify the insertion slot of Chen to a dovetail shape to retain the crown in the insertion slot such that the wearable device housing nests within the cradle body and aligns with the charger (Column 7 lines 12-22).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYNESE V MCDANIEL whose telephone number is (313)446-6579. The examiner can normally be reached on M to F, 9am to 530pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TYNESE V MCDANIEL/Primary Examiner, Art Unit 2859
Prosecution Insights