DETAILED ACTION
This action is pursuant to claims filed on 06/01/2026. Claims 1-12 are pending. A first action on the merits of claims 1-12 is as follows.
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 .
Election/Restrictions
Applicant's election with traverse of species B in the reply filed on 06/01/2026 is acknowledged. The traversal is on the ground(s) that there is not a serious search or examination burden. This is not found persuasive because as stated in the requirement for restriction, figures 3, 4, and 5 are all related to different, distinct inventions that are mutually exclusive, which would require different fields of searches such as different classes/subclasses and employing different search queries, and the prior art applicable to one invention would likely not be applicable to another invention based on these distinctions.
Also, the species have physical attributes that are different from each other. The searching for each species will involve different strategies and search terms because different terms are necessarily used to describe different physical attributes. Searching for one set of physical attributes using one set of search terms would not necessarily involve or encompass a different set of physical attributes that is described with different terms.
Further, it appears that the Applicant is asserting that FIGS. 3 and 4 have common features (i.e., temperature sensors) such that these species are not mutually exclusive. This argument is not persuasive. Just because some of the species have some features in common (such as the use of temperature sensors or optical sensors) does not negate the fact that there are different steps that will need to be searched and examined. These different steps and the overall structure of the different methods makes the searching and examination more burdensome. As previously stated, the searching for each species will involve different strategies and search terms because different terms are necessarily used to describe different physical attributes. Searching for one set of physical attributes using one set of search terms would not necessarily involve or encompass a different set of physical attributes that is described with different terms.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species A and C, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/01/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the back crystal module aggressor is disposed at a back surface of the electronic device of claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Reference character “A” in Figure 1E and Figure 6 does not appear in the specification
Reference character “A’ ” in Figure 1E and Figure 6 does not appear in the specification
Reference character “
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Reference character “
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Reference character “
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Reference character “
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Reference character “
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Reference character “
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Reference character “
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Reference character “
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Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The use of the term “Wi-Fi”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Claim 11 is 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 11 contains the trademark/trade name “Wi-Fi” in line 2. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a crystal module aggressor and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 102
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.
(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, and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 20160162007).
Regarding independent claim 1, Kim teaches an electronic device ([0005]: “An electronic device may be worn on a user's body”), comprising:
a plurality of sensors including one or more temperature sensors ([0085]: “The electronic device 100 includes the temperature measurement sensor 161a on the front surface of the electronic device 100 to measure external temperature”; [0086]: “The electronic device 100 includes the temperature measurement sensor 161b on the rear surface of the electronic device 100 to measure a user's temperature when the electronic device 100 is worn by the user.”) and one or more optical sensors ([0112]: “the sensor unit 160 may include an illuminance sensor”. The illuminance sensor is the optical sensor); and
a processor communicatively coupled to the plurality of sensors ([0046]: “The control unit 110 controls the overall operations of the electronic device 100 and signal flows between the internal configurations of the electronic device 100, and performs a data processing function for processing data. For example, the control unit 110 may be formed of a CPU (central processing unit), an AP (application processor), etc. In addition, the control unit 110 may be formed of a single-core processor or a multi-core processor.”) and configured to:
in accordance with a determination that one or more first criteria are satisfied, determine, using the one or more optical sensors, whether the electronic device is worn or not worn by a user of the electronic device ([0112]: “the sensor unit 160 may include an illuminance sensor. For example, when the electronic device 100 is in a bag without being worn by a user and the internal temperature of the bag is similar to the threshold value, the control unit 110 of the electronic device 100 may determine that the electronic device 100 is worn by the user. To prevent this, the control unit 110 may receive the measurement value measured by the illuminance sensor from the illuminance sensor, and determine the presence/absence of light. When it is determined that there is no light from the illuminance sensor even when the measurement value regarding the temperature and the movement satisfies the condition that the electronic device 100 is worn, it may be determined that the electronic device 100 is in fact not worn by the user”. The criteria is the device is being worn based on the temperature, then uses the illuminance sensor to confirm or deny whether the device is actually being worn.); and
in accordance with a determination that the one or more first criteria are not satisfied, determine, using the one or more temperature sensors, whether the electronic device is worn or not worn by the user of the electronic device ([0087]-[0088]: “The control unit 110 compares the measurement values received from the temperature measurement sensor 161a for measuring the external temperature and the temperature measurement sensor 161b for measuring the user's temperature. When a difference between the measurement value received from the temperature measurement sensor 161b for measuring the user's temperature and the measurement value received from the temperature measurement sensor 161a for measuring the external temperature exceeds a threshold value, the control unit 110 determines that the electronic device 100 is worn by a user. When the difference between the measurement value received from the temperature measurement sensor 161b for measuring the user's temperature and the measurement value received from the temperature measurement sensor 161a for measuring the external temperature does not exceed the threshold, i.e., is small (for example, a difference of 1 to 2 degrees) or when the measurement values are the same, the control unit 110 determines that the electronic device 100 is not worn by the user. The control unit may additionally or alternatively determine that the electronic device 100 is worn by the user, by comparing a measurement value of the user's temperature received from the temperature measurement sensor 161b with a threshold value. That is, the control unit 110 may receive a measurement value of the user's temperature from the temperature measurement sensor 161b. The control unit 110 then compares the measurement value and the threshold value. Here, the threshold value may be a preset temperature numerical value or may be a preset temperature range. The threshold value may vary depending on the type of the electronic device 100 and the location in which the electronic device 100 is worn by the user. In addition, the threshold value may vary depending on the location, time, and external temperature of the electronic device 100, weather, a state of the electronic device 100 (e.g., a movement, a button input, a detection of the command from an external device), etc. The threshold value may be set during the manufacturing process, or additionally set by a user”. If the device determines it is not being worn, it can additionally determine whether it is worn by comparing the temperature to a threshold.).
Regarding claim 2, Kim teaches the electronic device of claim 1, wherein the one or more first criteria include a criterion that is satisfied when an ambient temperature is equal to a wrist temperature corresponding to the user ([0087]: “The control unit 110 compares the measurement values received from the temperature measurement sensor 161a for measuring the external temperature and the temperature measurement sensor 161b for measuring the user's temperature. When a difference between the measurement value received from the temperature measurement sensor 161b for measuring the user's temperature and the measurement value received from the temperature measurement sensor 161a for measuring the external temperature exceeds a threshold value, the control unit 110 determines that the electronic device 100 is worn by a user. When the difference between the measurement value received from the temperature measurement sensor 161b for measuring the user's temperature and the measurement value received from the temperature measurement sensor 161a for measuring the external temperature does not exceed the threshold, i.e., is small (for example, a difference of 1 to 2 degrees) or when the measurement values are the same, the control unit 110 determines that the electronic device 100 is not worn by the user.”; [0109]: “the electronic device 100, which is brought into contact with the user's wrist”. The external temperature is the ambient temperature and the user’s temperature is the wrist temperature, as the device is located on the user’s wrist.).
Regarding claim 4, Kim teaches the electronic device of claim 1, wherein the one or more first criteria include a criterion that is satisfied when temperature corresponding to a front surface of the electronic device is greater than a threshold temperature ([0087]: “The control unit may additionally or alternatively determine that the electronic device 100 is worn by the user, by comparing a measurement value of the user's temperature received from the temperature measurement sensor 161b with a threshold value. That is, the control unit 110 may receive a measurement value of the user's temperature from the temperature measurement sensor 161b. The control unit 110 then compares the measurement value and the threshold value. Here, the threshold value may be a preset temperature numerical value or may be a preset temperature range. The threshold value may vary depending on the type of the electronic device 100 and the location in which the electronic device 100 is worn by the user. In addition, the threshold value may vary depending on the location, time, and external temperature of the electronic device 100, weather, a state of the electronic device 100 (e.g., a movement, a button input, a detection of the command from an external device), etc. The threshold value may be set during the manufacturing process, or additionally set by a user.”. The sensor on the front surface of the device can be the sensor that measures the user’s temperature. Note that a front surface of the device is a broad term when the frame of reference is not specified.).
Regarding claim 6, Kim teaches the electronic device of claim 1, wherein the one or more temperatures sensors includes a first temperature sensor and a second temperature sensor ([0085]: “The electronic device 100 includes the temperature measurement sensor 161a on the front surface of the electronic device 100 to measure external temperature”; [0086]: “The electronic device 100 includes the temperature measurement sensor 161b on the rear surface of the electronic device 100 to measure a user's temperature when the electronic device 100 is worn by the user.”), and wherein determining, using the one or more temperature sensors, whether the electronic device is worn or not worn by the user of the electronic device includes: receiving, via the one or more temperature sensors including the first temperature sensor and the second temperature sensor, sensor data ([0087]: “The control unit 110 compares the measurement values received from the temperature measurement sensor 161a for measuring the external temperature and the temperature measurement sensor 161b for measuring the user's temperature”); in accordance with a determination that one or more second criteria are satisfied, the one or more second criteria including a criterion that is satisfied when a difference between a first temperature corresponding to the first temperature sensor and a second temperature corresponding to the second temperature sensor is greater than a threshold, determining that the electronic device is worn by the user of the electronic device ([0087]: “When a difference between the measurement value received from the temperature measurement sensor 161b for measuring the user's temperature and the measurement value received from the temperature measurement sensor 161a for measuring the external temperature exceeds a threshold value, the control unit 110 determines that the electronic device 100 is worn by a user.”); and in accordance with a determination that the one or more second criteria are not satisfied, determining that the electronic device is not worn by the user of the electronic device ([0087]: “When a difference between the measurement value received from the temperature measurement sensor 161b for measuring the user's temperature and the measurement value received from the temperature measurement sensor 161a for measuring the external temperature exceeds a threshold value, the control unit 110 determines that the electronic device 100 is worn by a user.”. It is implicit or inherent that if the temperature difference does not exceed the threshold, then it is determined that the device is not worn by the user.).
Regarding claim 7, Kim teaches the electronic device of claim 6, wherein the first temperature sensor is disposed at a first surface of the electronic device that is in contact with skin of the user when the electronic device is worn by the user ([0086]: “The electronic device 100 includes the temperature measurement sensor 161b on the rear surface of the electronic device 100 to measure a user's temperature when the electronic device 100 is worn by the user.”), and the second temperature sensor is disposed at a second surface of the electronic device that is exposed to an ambient environment when the electronic device is worn by the user ([0085]: “The electronic device 100 includes the temperature measurement sensor 161a on the front surface of the electronic device 100 to measure external temperature”).
Regarding claim 8, Kim teaches the electronic device of claim 7, wherein the one or more first criteria include a criterion that is satisfied when the first temperature corresponding to the first surface of the electronic device is less than a threshold temperature ([0088]: “That is, the control unit 110 may receive a measurement value of the user's temperature from the temperature measurement sensor 161b. The control unit 110 then compares the measurement value and the threshold value. Here, the threshold value may be a preset temperature numerical value or may be a preset temperature range. The threshold value may vary depending on the type of the electronic device 100 and the location in which the electronic device 100 is worn by the user. In addition, the threshold value may vary depending on the location, time, and external temperature of the electronic device 100, weather, a state of the electronic device 100 (e.g., a movement, a button input, a detection of the command from an external device), etc. The threshold value may be set during the manufacturing process, or additionally set by a user.”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Panneer (US 20210321953).
Regarding claim 3, Kim teaches the electronic device of claim 1, wherein the one or more first criteria include a criterion that is satisfied when performing physiological measurements using the one or more sensors ([0113]: “the sensor unit 160 may further include a heart rate sensor. The heart rate sensor determines that the electronic device 100 is worn by the user when there is measured data, and determines that the electronic device 100 is not worn by the user when there is no measured data”. The heart rate sensor can be an additional sensor, which measures heart rate as the physiological measurement to determine if the criterion (wearing vs. not wearing) is satisfied.).
However, Kim does not teach that the heart rate sensors are optical sensors.
Panneer discloses a wearable device used to measure physiological parameters. Specifically, Panneer teaches using optical sensors to perform physiological measurements ([0043]: “parameters extracted by the optical sensor (e.g., emitter, receiver, etc.) may include, but are not limited to … heart rate”). Kim and Panneer are analogous art as they are related to the same field of endeavor of using a wearable device to measure physiological parameters of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the optical sensor from Panneer to measure heart rate into the device from Kim as Kim is silent on the type of sensor used to measure heart rate, and Panneer discloses a suitable heart rate sensor in an analogous device.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of TP-Link (“Is it normal if my TP-Link devices feel warm?”).
Regarding claim 5, Kim teaches the electronic device of claim 1, a back crystal module aggressor is disposed at a back surface of the electronic device ([0054]: “The electronic device 100 may be connected to one or more external electronic devices through short-range wireless communication, such as Bluetooth (BT), near field communication (NFC), Wi-Fi direct, etc”; [0087]: “The control unit 110 compares the measurement values received from the temperature measurement sensor 161a for measuring the external temperature and the temperature measurement sensor 161b for measuring the user's temperature. When a difference between the measurement value received from the temperature measurement sensor 161b for measuring the user's temperature and the measurement value received from the temperature measurement sensor 161a for measuring the external temperature exceeds a threshold value, the control unit 110 determines that the electronic device 100 is worn by a user.”. The Wi-Fi module is the back crystal module aggressor, which can be attached anywhere on the device, including the back.).
However, Kim does not teach wherein the one or more first criteria are not satisfied when a back crystal module aggressor is disposed on the electronic device.
TP-Link discloses information about TP-Link devices, which can include Wi-Fi modules. Specifically, TP-Link teaches wherein the back crystal module aggressor increases temperature (Page 1: “Like any other electronic devices, the TP-Link devices radiates heat during operation, it is expected that your TP-Link devices gets warm or maybe a little hot after running for a while depending on the environment.”). Kim and TP-Link are analogous art as they are both related to Wi-Fi devices.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention that the addition of the Wi-Fi module would not satisfy the criteria, since it is known from TP-Link that a Wi-Fi module results in an increased temperature at the device, thus influencing the temperature differential sensing and determining the criterion.
Claims 9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 6 above, and further in view of Wang (CN 111513684). Citations to CN 111513684 will refer to the English Machine Translation that accompanies this Office Action.
Regarding claim 9, Kim teaches the electronic device of claim 6.
However, Kim does not define a specific threshold value.
Wang discloses a wearable device to measure body temperature. Specifically, Wang teaches wherein the threshold is 00 C ([0151]: “the difference between the measured local ambient temperature and the measured skin temperature should be less than a preset temperature difference threshold, and the measured skin temperature should not change within a preset time period or the change should be less than a preset value (e.g., 0.1℃)”. 0.1 can be rounded down to 0 degrees, therefore teaching on this limitation.). Kim and Wang are analogous art as they are both directed to the same field of endeavor of a wearable device used to measure temperature.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the specific threshold value from Wang into the device from Kim as Kim is silent on the specific threshold value, and Wang discloses a suitable threshold value in an analogous device.
Regarding claim 10, Kim teaches the electronic device of claim 6.
However, Kim does not define a specific threshold value.
Wang discloses a wearable device to measure body temperature. Specifically, Wang teaches wherein the threshold is less than 0.10 C ([0151]: “the difference between the measured local ambient temperature and the measured skin temperature should be less than a preset temperature difference threshold, and the measured skin temperature should not change within a preset time period or the change should be less than a preset value (e.g., 0.1℃)”). Kim and Wang are analogous art as they are both directed to the same field of endeavor of a wearable device used to measure temperature.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the specific threshold value from Wang into the device from Kim as Kim is silent on the specific threshold value, and Wang discloses a suitable threshold value in an analogous device.
Regarding claim 12, Kim teaches the electronic device of claim 6, wherein the one or more first criteria include a criterion that is satisfied when the difference between the first temperature corresponding to the first temperature sensor and the second temperature corresponding to the second temperature sensor is not greater than the threshold ([0088]: “That is, the control unit 110 may receive a measurement value of the user's temperature from the temperature measurement sensor 161b. The control unit 110 then compares the measurement value and the threshold value. Here, the threshold value may be a preset temperature numerical value or may be a preset temperature range. The threshold value may vary depending on the type of the electronic device 100 and the location in which the electronic device 100 is worn by the user. In addition, the threshold value may vary depending on the location, time, and external temperature of the electronic device 100, weather, a state of the electronic device 100 (e.g., a movement, a button input, a detection of the command from an external device), etc. The threshold value may be set during the manufacturing process, or additionally set by a user.”).
However, Kim does not teach monitoring the threshold during a specific period of time.
Wang teaches evaluating the temperature difference for less than a threshold amount of time ([0151]: “the difference between the measured local ambient temperature and the measured skin temperature should be less than a preset temperature difference threshold, and the measured skin temperature should not change within a preset time period or the change should be less than a preset value (e.g., 0.1℃)”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the preset time period from Wang into the device from Kim as it allows the device to incorporate time limits for the threshold evaluation as well, which can provide further information about the temperature differences that can be used to analyze whether the device is being worn or not.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 6 above, and further in view of Lee (WO 2022039532). Citations to WO 2022039532 will refer to the English Machine Translation that accompanies this Office Action.
Regarding claim 11, Kim teaches the electronic device of claim 6.
However, Kim does not teach wherein the one or more first criteria include a criterion that is satisfied when a device activity log indicates Wi-Fi activity.
Lee discloses a wearable device used to monitor a user’s physiological parameters. Specifically, Lee teaches wherein the one or more first criteria include a criterion that is satisfied when a device activity log indicates Wi-Fi activity ([0646]: “the server (3000) can output a mark indicating whether the wearable device (2000) is worn depending on whether the device is connected to Wi-Fi”). Kim and Lee are analogous art as they are both related to wearable devices that measure a user’s physiological parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include using Wi-Fi activity to determine if a device is being worn from Lee into the device from Kim as it is a suitable way to determine if the device is being worn, and therefore would be a simple substitution into the method steps used from Kim.
Conclusion
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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791
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