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 U.S.C. 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.
Claim(s) 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin (11,857,304)
Regarding Claim 10, Baldwin (11,857,304) discloses a wrist-wearable device (104, fig. 1) comprising:
at least a main logic board (processor 304 or other electrical components in fig. 3) and a battery (302, fig. 3, Col. 12, lines 19-23); and
a bottom portion comprising an antenna radiating element (622, Col. 19, lines 65-67; 716, fig. 7);
wherein the wrist-wearable device (104, fig. 1) includes at least one opening (aperture 430, Col. 16, lines 26-46) between the top portion (portion that contains 612, Col. 19, lines 65-67; 714, 736 in fig. 7) and the bottom portion (portion that contains 622, Col. 19, lines 65-67; 716, 738, in fig. 7).
As discussed above, Baldwin does not explicitly disclose a top portion comprising a ground plane that comprises an enclosure and the ground plane and the antenna radiating element are electrically isolated by a physical gap.
However, Baldwin teaches that the output terminal that is connected to the antennas may comprise a ground line associated with an amplifier of the transmitter (Col. 17, lines 4-18, Col. 22, line 56 to Col. 23 to 6). It would have been obvious to one of ordinary skill in the art to recognize that the antennas in Baldwin are connected to ground on the circuit board and the top portion of Baldwin that comprises first antenna (612 or 714 or 736) comprises ground plane (ground layer).
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As discussed above, Baldwin does not explicitly disclose the specific location of the main logic board and the battery. However, since Baldwin teaches that the dielectric substrate (610) located between first and second antenna elements (Figs. 6, 7). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to build the main logic board and the battery on the substrate layer in order to provide structure and mechanical support for the conductive pathways and electrical components (See annotated Fig. 7 above). When the ground plane is built on the substrate, the ground plane and the antenna radiating elements are isolated by a physical gap (e.g. a distance from the connection of the antenna to the ground line)
Further, it has been held that rearrangement of parts or shifting position of the parts merely involves routine skill in the art.
In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding Claim 11, Baldwin discloses the wrist-wearable device of claim 10, wherein the antenna radiating element in the bottom portion is capacitively coupled to a bare arm of a user (touch sensor includes capacitive, capacitance. Col. 9, lines 17-26)
Regarding Claim 12, Baldwin discloses the wrist-wearable device of claim 10, wherein the bottom portion further comprises a sensor board (Col. 9, lines 17-26).
Regarding Claim 13, Baldwin discloses the wrist-wearable device of claim 12, wherein the sensor board and the antenna radiating element are electrically connected (Col. 16, lines 26-46 and fig. 1).
Regarding Claim 14, Baldwin discloses that the wrist-wearable device of claim 10, wherein the main logic board is grounded to the enclosure (Col. 17, lines 4-18, Col. 22, line 56 to Col. 23 to 6).
Regarding Claim 15, Baldwin discloses the wrist-wearable device of claim 10, wherein the enclosure further contains additional modules (other modules such as operating system module, communication module, control module etc, fig. 3) that are connected to the main logic board and grounded to the enclosure. (Col. 17, lines 4-18, Col. 22, line 56 to Col. 23 to 6).
Regarding Claim 16, Baldwin discloses the wrist-wearable device of claim 15, wherein the main logic board, the battery, and the additional modules are connected within the ground plane at identical potentials (e.g. when these electrical components are grounded, they have the same potential).
Regarding Claim 17, Baldwin discloses the wrist-wearable device of claim 10, wherein the antenna radiating element comprises a bottom antenna element and one or more tuning elements (tuning the impedance. Impedance matching the impedance of a transmitter output, abstract, Col. 22, lines 41-55).
Regarding Claim 18, as discussed above, Baldwin essentially discloses the claimed invention but does not explicitly disclose the wrist-wearable device of claim 17, wherein the one or more tuning elements extend perpendicularly from the bottom antenna element.
However, it has been held that rearrangement of parts or shifting position of the parts merely involves routine skill in the art. It would have been obvious to one of ordinary skill in the art to have positioned the tuning elements extend perpendicularly from the bottom antenna element in order to optimize the space in a compact circuit housing.
In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding Claim 19, as discussed above, Baldwin essentially discloses the claimed invention but does not explicitly disclose the wrist-wearable device of claim 18, wherein the one or more tuning elements are positioned along a perimeter of the bottom antenna element.
However, it has been held that rearrangement of parts or shifting position of the parts merely involves routine skill in the art. It would have been obvious to one of ordinary skill in the art to have positioned the tuning elements extend perpendicularly from the bottom antenna element in order to optimize the space in a compact circuit housing.
In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding Claim 20, Baldwin discloses a wireless antenna (fig. 1) comprising:
at least a main logic board (processor 304 or other electrical components in fig. 3) and a battery (302, fig. 3, Col. 12, lines 19-23);
a top antenna radiating element (first antenna 612, Col. 19, lines 65-67; 714, 736, fig. 7); and
a bottom antenna radiating element (second antenna 622, Col. 19, lines 65-67; 716, 738 fig. 7);
wherein the top antenna radiating element (612 or 714 or 736), and
wherein the bottom antenna radiating element (622 or 716 or 738).
As discussed above, Baldwin does not explicitly disclose a ground plane comprising an enclosure.
However, Baldwin teaches that the output terminal that is connected to the antennas may comprise a ground line associated with an amplifier of the transmitter (Col. 17, lines 4-18, Col. 22, line 56 to Col. 23 to 6). It would have been obvious to one of ordinary skill in the art to recognize that the antennas in Baldwin are connected to ground. Therefore, it would have been obvious to one of ordinary skill in the art that the portion that enclosing transmitter and other circuit components is connected to the ground which is considered as a ground plane.
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As discussed above, Baldwin does not explicitly disclose the location of the ground plane comprising an enclosure containing main logic board and battery. However, since Baldwin teaches that the dielectric substrate (610) located between first and second antenna elements (Figs. 6, 7). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to build the main logic board and the battery on the substrate layer in order to provide structure and mechanical support for the conductive pathways and electrical components. Therefore, since the ground plane containing main logic board and battery is built on the substrate layer, the top antenna (612 or 714 or 736) is positioned above the ground plane electrically isolated from the ground plane by a first physical gap (e.g. distance between connections of the first antenna and the ground) and the bottom antenna (622 or 716 or 738) is positioned below the ground plane (See annotated fig. 7 below) and electrically isolated from the ground plane by a second physical gap (e.g. distance between the connections of the second antenna and the ground).
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Further, it has been held that rearrangement of parts or shifting position of the parts merely involves routine skill in the art.
In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Baldwin teaches that the sensor 142 may include one or more touch sensors. The touch sensors 142(4) may use resistive, capacitive, surface capacitance, projected capacitance, mutual capacitance, optical, Interpolating Force-Sensitive Resistance (IFSR), or other mechanisms to determine the position of a touch or near-touch of the user 102 (Col. 9, lines 17-26). It would have been obvious to one of ordinary skill in the art to have recognized the ground plane which comprises touch sensors being capacitively coupled to a bare arm of a user.
Remarks
Applicant elects Species II without traverse.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Wilson Lee whose telephone number is (571) 272-1824. Proposed amendment and interview agenda can be submitted to Examiner’s direct fax at (571) 273-1824.
If attempts to reach the examiner by telephone are unsuccessful, examiner’s supervisor, Alexander Taningco can be reached at (571) 272-8048. Papers related to the application may be submitted by facsimile transmission. Any transmission not to be considered an official response must be clearly marked "DRAFT". The official fax number is (571) 273-8300.
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/WILSON LEE/Primary Examiner, Art Unit 2844