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 .
Response to Amendment
The following Office Action is in response to amendments filed 07/01/2026. Claims 1-4, 6-7 and 9-22 are pending in the application. Claims 14-20 have previously been withdrawn from consideration. Claims 1-4, 6-7, 9-13 and 21-22 have been examined as set forth below.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase “a second operation mode” in line 36 needs to be changed to “the second operation mode”. Appropriate correction is required.
Claim 21 is objected to because of the following informalities: the phrase “a user” in line 2 needs to be changed to “the user”. Appropriate correction is required.
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 1-4, 6-7, 9-13 and 21-22 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 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 1, in lines 18-27, recites: “after setting the operation mode to the first operation mode, identify a first timing at which the operation mode of the wearable device is to be changed from the first operation mode to a second operation mode, based on the first timing, identify a second timing for providing a notification that the operation mode of the wearable deice is to be changed from the first operation mode to the second operation mode, wherein the second timing is identified as a designated time before the first timing, provide, at the second timing, the notification that the operation mode of the wearable device is to be changed from the first operation mode to the second operation mode”, while in lines 32-36, recites: “after providing the notification, identify whether a designated user input is received based on the motion data obtained through the at least one sensor during a designated time interval, and based on identifying that the designated user input being received, change the operation mode from the first operation mode to a second operation mode”. According to lines 18-27 of claim 1, a timing at which operation mode of the wearable device is to be changed from the first operation mode to a second operation mode is identified by the device as a first timing, and based on the identified first timing, a second timing for providing a notification is further identified and at the second timing, the notification is provided. In other words, according to lines 18-27 of claim 1, the operation of the wearable device is going to change from the first operation mode to the second operation mode, at the first timing. The notification is provided at the second timing, before the first timing, to notify the user of such upcoming operation mode change. As such, after the notification is provided, changing the operation mode of the wearable device from the first operation mode to the second operation mode depends upon and occurs at the first timing. However, according to lines 32-36 of claim 1, after the notification is provided, during a designated time interval, the wearable device identifies whether a designated user input is received and if so, then the operation mode of the wearable device is changed from the first operation mode to the second operation mode. In other words, according to lines 32-36 of claim 1, after the notification is provided, changing the operation mode of the wearable device from the first operation mode to the second operation mode depends upon receiving the designated user input. As such, it is unclear whether the change in the operation mode of the wearable device from the first operation mode to the second operation mode depends on/occurs at the (identified) first timing or depends on/occurs based on the designated user input being received. Further clarification and appropriate corrections are respectfully requested. Claims 2-4, 6-7, 9-13 and 21-22 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of dependency upon claim 1.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 2 recites: “the wearable device to identify a timing at which reference time is elapsed from a timing when the operation mode is set to the first operation mode, as the timing for providing the notification”. However, it is unclear whether “the timing for providing the notification” recited in claim 2, is the same as or different from “the second timing” recited in claim 1, upon which claim 2 depends. Further clarification and appropriate corrections are respectfully requested.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for the following reason. Claim 7 recites: “identify, based on information on a stride length of the user and a reference time, a geographic location at which the operation mode is to be changed from the first operation mode to the second operation mode”. According to this limitation of claim 7, the wearable device identifies a geographic location at which the operation mode is to be changed from the first operation mode to the second operation mode. However, according to claim 1, upon which claim 7 depends, the wearable device identifies the first timing and the designated user input being received within a designated time interval, as the basis for changing the operation mode of the wearable device from the first operation mode to the second operation mode. As such, it is unclear how the operation mode of the wearable device is to be changed at the first timing and upon identifying receipt of the designated user input during the designated time interval, is also to be changed based on a geographic location as well. It is unclear how the device knows when to change the operation mode of the wearable device from the first operation mode to the second operation mode or when the device changes the operation mode of the wearable device from the first operation mode to the second operation mode. Further clarification and appropriate corrections are respectfully requested.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-4, 6-7, 9-13 and 21-22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action (including base claim 1) and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 07/01/2026 have been fully considered. Applicant’s arguments with respect to the rejection of claims under 35 U.S.C. § 103 as being unpatentable over Okano in view of Konishi, have been considered and found persuasive in that neither Okano nor Konishi teach the newly added limitations of claim 1 including outputting circuitry comprising a first vibration motor disposed for providing a vibration to a first side of a thigh of a user and a second vibration motor disposed for providing a vibration to a second side of the thigh of the user, opposite the first side, and wherein for providing the notification, a vibration is provided via the first vibration motor while the user is in a first posture and wherein a vibration is provided via the second motor while the user is in the second posture.
Although, the amendments have overcome the rejections under 35 U.S.C. § 103, they have introduced issues of indefiniteness (see above for details).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SHILA JALALZADEH ABYANEH whose telephone number is (571)270-7403. The examiner can normally be reached Mon - Fri 8:30 am - 3:00 pm.
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/SHILA JALALZADEH ABYANEH/ Primary Examiner, Art Unit 3784
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