DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-10 are pending in this amended application.
Claim Rejections - 35 USC § 112
3. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
4. Claims 1-10 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. Specifically, because the claimed invention is not supported by either a asserted utility or a well-established utility for the reasons set forth above, one skilled in the art clearly would not know how to use the claimed invention.
As to claim 1, the claim limitations recited “control capture of image data by the image sensor; associate captured image data with timestamps prior to transmission; store the timestamped image data in the local memory; preprocess the stored image data to generate formatted image data; and generate a reduced data payload comprising the formatted image data and associated metadata and transmit the reduced data payload via the BLE wireless transmitter to an external device” do not described in original filed specification in such a way as to reasonably convey to one of ordinary skill in the relevant art that the inventor(s), at the time of the application was filed, had the possession of the claimed invention, because the claimed invention do not have sufficient support from the original filed specification. When Examiner has reviewed information in the original filed specification (see figs. 6-9 and pages 3-8), particularly in pages 7, 28-36 disclosing the information, wearable device transmits image and other data captured by the wearable device to device 1100. However, Examiner did not find any reasonable support from original filed specification for the claim limitations recited “store the timestamped image data in the local memory; preprocess the stored image data to generate formatted image data; and generate a reduced data payload comprising the formatted image data and associated metadata and transmit the reduced data payload via the BLE wireless transmitter to an external device”, not even nowhere any part of the filed disclosure, that the preprocess the stored image data to generate formatted image data; and generate a reduced data payload comprising the formatted image data and associated metadata and transmit the reduced data payload via the BLE wireless transmitter (external device). Thus, it is not clearly provided the detailed information in the original filed specification that how one of the ordinary skill in the art would be apprised the scope of the claim.
Claims 5, 9 are also rejected based on same rationale applied on claim 1.
Allowable Subject Matter
5. Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
REASONS FOR ALLOWANCE
6. The following is an examiner’s statement of reasons for allowance:
The independent claim 1 is allowable over the prior arts of record since the cited references taken individually or in combination fails to particularly anticipate or disclose or suggest the claim limitations recited “control capture of image data by the image sensor; associate captured image data with timestamps prior to transmission; store the timestamped image data in the local memory; preprocess the stored image data to generate formatted image data; and generate a reduced data payload comprising the formatted image data and associated metadata and transmit the reduced data payload via the BLE wireless transmitter to an external device”, in combination with all other limitations as claimed in independent claim 1.
The independent claim 5 is allowable over the prior arts of record since the cited references taken individually or in combination fails to particularly anticipate or disclose or suggest the claim limitations recited “control capture of image data by the image sensor; associate captured image data with timestamps prior to transmission; store the timestamped image data in the local memory; preprocess the stored image data to generate formatted image data; and generate a reduced data payload comprising the formatted image data and associated metadata and transmit the reduced data payload via the BLE wireless transmitter to an external device”, in combination with all other limitations as claimed in independent claim 5.
The independent claim 9 is allowable over the prior arts of record since the cited references taken individually or in combination fails to particularly anticipate or disclose or suggest the claim limitations recited “storing the timestamped image data in local memory of the wearable device; preprocessing the stored timestamped image data, using the firmware, to generate formatted image data and associated metadata; and generating a reduced data payload comprising the formatted image data and associated metadata and transmit the reduced data payload via the BLE wireless transmitter to an external device that is configured to provide information about the user's activities through a graphical user interface; transmitting the reduced data payload via the BLE wireless transmitter to an external device”, in combination with all other limitations as claimed in independent claim 9.
Conclusion
7. 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 HARIS SABAH whose telephone number is (571)270-3917. The examiner can normally be reached on Monday/Thursday from 7:00AM to 5:30PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Benny Tieu, can be reached on (571)272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. The Examiner’s personal fax number is (571)-270-4917.
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/HARIS SABAH/Examiner, Art Unit 2682