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 .
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 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.
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.
Claim(s) 1-3, 5, 7, 10-14, 16 and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trotsky (US 20120025684A1, hereinafter referred to as “Trotsky”).
Regarding claim 1, Trotsky discloses a wearable apparatus ( Figs 1-5, storage case 14 combined together with unit 2 and strap 26, or Figs 10-11, electronic device 18 combined with strap 26 and unit 2 together are wearable onto a hand of a person) comprising: a mounting plate (Figs 1-4 and Fig 7 and 11, mobile device positioning unit 2) configured to be operably engaged with a mountable device (Figs 1-5, storage case 14 or Figs 10-11, electronic device 18); a strap (Figs 1-5, 9-11, strap 26) operably attached to the mounting plate (Figs 3, 7, 9 and 11, strap 26 attached to mobile device positioning unit 2) and configured to be operably engaged with a user ( Figs 10 and 11, hand of user ); and a connecting axis (Figs 1-5, 7, an axis of rotation of strap 26 with respect to center of positioning unit 2) configured to operably engage the mounting plate and the strap (Figs 1-5, 7, 10-11), wherein the connecting axis is configured to rotate relative to one of the mounting plate or the strap while refraining from rotating relative to the other of the mounting plate or the strap (Figs 10 and 11, connecting axis rotates relative to mobile device positioning unit 2, while refraining from rotating relative to strap 26; note: due to usage of alternative language of “or”, portion of above limitation is considered optional and can be omitted; ), wherein the connecting axis is defined to be at an offset from a center of the mountable device (Figs 12, 17, 21, 25, 27, due to the presence of rails 10 for sliding of the entire unit 2, as discussed in [0047], [0048], connecting axis can be adjustable to be at offset from center of mountable device (14/18)), wherein the connecting axis is configurable in at least one a first orientation or a second orientation (Figs 12, 17, 21, 25, 27, due to the presence of rails 10 for sliding of the entire unit 2, as discussed in [0047], [0048], connecting axis can be configurable in multiple orientations based on usage needs), wherein the connecting axis is proximal to a button on the mountable device in the first orientation, and wherein the connecting axis is distal from the button in the second orientation ([0002] and [0003] many electronic device examples are described, and specifically including IPADs, Kindles, tablet PCs, etc; note: it is well known that the aforementioned examples at least many have several buttons, for power on/off, volume buttons, home button, among other types of buttons).
Regarding claim 2, Trotsky discloses wherein the mounting plate (2) defines one or more first attachment portions and one or more second attachment portions ( see annotated figure A below), and wherein the mounting plate (2) is configured to operably engage with the mountable device (18) such that the first attachment portions are disposed on an upper portion of the mountable device and the second attachment portions are disposed on a bottom portion of the mountable device ( see annotated figure A below).
Annotated Figure A taken from Trotsky
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Regarding claim 3, Trotsky discloses further comprising one or more adjustment devices configured to adjust a length of one or more of the first attachment portions of the second attachment portions when the mounting plate is operably engaged with the mountable device (Fig 9, wrap around sections of strap 26 can be interpreted as being adjustment devices for adjusting wrap around size).
Regarding claim 5, Trotsky discloses wherein the mountable device is a tablet ([0002] and [0003] electronic device examples including IPADs, Kindles, tablet PCs)
Regarding claims 7 and 16, Trotsky further comprising an intermediary portion operably connected to the mounting plate or the strap and configured to be disposed between the mounting plate and the strap (Figs 13-16, intermediary portion (50) operably connected to the strap 26, and disposed between 2 and 26).
Regarding claim 10, Trotsky discloses a wearable system (Figs 1-5, storage case 14 combined together with unit 2 and strap 26, or Figs 10-11, electronic device 18 combined with strap 26 and unit 2 together can be wearable system onto a hand of a person) comprising: a mountable device (Figs 1-5, storage case 14 or Figs 10-11, electronic device 18) comprising one or more mounting portions (Figs 1-5, 25-28, rails 10); a mounting plate (Figs 1-4 and Fig 7 and 11, mobile device positioning unit 2) configured to be operably engaged with the mountable device (14/18) at the one or more mounting portions (Figs 1-5, 25-28); a strap operably attached to the mounting plate and configured to be operably engaged with a user (Fig 26); and a connecting axis configured to operably engage the mounting plate and the strap (Figs 1-5, 7, an axis of rotation of strap 26 with respect to center of positioning unit 2 , to operably engage 26 and 2 ), wherein the connecting axis is configured to rotate relative to one of the mounting plate or the strap while refraining from rotating relative to the other of the mounting plate or the strap (note: due to presence of alternative language of “or”, thus portion of above limitation is considered optional and can be omitted; Figs 10 and 11, connecting axis rotates relative to mobile device positioning unit 2, while refraining from rotating relative to strap 26); wherein the connecting axis is defined to be at an offset from a center of the mountable device (Figs 12, 17, 21, 25, 27, due to the presence of rails 10 for sliding of the entire unit 2, as discussed in [0047], [0048], connecting axis can be adjustable to be at offset from center of mountable device (14/18)), wherein the connecting axis is configurable in at least one a first orientation or a second orientation (Figs 12, 17, 21, 25, 27, due to the presence of rails 10 for sliding of the entire unit 2, as discussed in [0047], [0048], connecting axis can be configurable in multiple orientations based on usage needs), wherein the connecting axis is proximal to a button on the mountable device in the first orientation, and wherein the connecting axis is distal from the button in the second orientation ([0002] and [0003] many electronic device examples are described, and specifically including IPADs, Kindles, tablet PCs, etc; note: it is well known that the aforementioned examples at least many have several buttons, for power on/off, volume buttons, home button, among other types of buttons).
Regarding claim 11,Trotsky discloses wherein the mounting plate (2) defines one or more first attachment portions and one or more second attachment portions ( see annotated figure A above), and wherein the mounting plate (2) is configured to operably engage with the mountable device (18) such that the first attachment portions are disposed on an upper portion of the mountable device and the second attachment portions are disposed on a bottom portion of the mountable device (see annotated figure A above).
Regarding claim 12, Trotsky discloses further comprising one or more adjustment devices configured to adjust a length of one or more of the first attachment portions of the second attachment portions when the mounting plate is operably engaged with the mountable device (Fig 9, wrap around sections of strap 26 can be interpreted as being adjustment devices for adjusting wrap around size).
Regarding claim 13, Trotsky discloses wherein the mountable device is a tablet
([0002] and [0003] electronic device examples including IPADs, Kindles, tablet PCs)
Regarding claim 14, Trotsky discloses further comprising a sleeve configured to encase at least a portion of the mountable device ( Fig 27, storage case 14 encase electronic device 18).
Regarding claim 18, Trotsky discloses a method of using a wearable system (Figs 10, 11 and 26), the method comprising: attaching, via one or more fastening devices, a mounting plate to a mountable device (Fig 6), wherein the mounting plate defines one or more first attachment portions and one or more second attachment portions (Figs 1-4 and Fig 7 and 11, mobile device positioning unit 2, see annotated figure A above), and wherein the mounting plate is configured to operably engage with the mountable device such that the first attachment portions are disposed on an upper portion of the mountable device and the second attachment portions are disposed on a bottom portion of the mountable device (see annotated figure A above); attaching, via a central connecting axis, a strap to the mounting plate (Figs 7-9); and rotating, via the central connecting axis, the strap relative to the mounting plate or the mounting plate relative to the strap (Figs 11 and 26), wherein the connecting axis is defined to be at an offset from a center of the mountable device (Figs 12, 17, 21, 25, 27, due to the presence of rails 10 for sliding of the entire unit 2, as discussed in [0047], [0048], connecting axis can be adjustable to be at offset from center of mountable device (14/18)), wherein the connecting axis is configurable in at least one a first orientation or a second orientation (Figs 12, 17, 21, 25, 27, due to the presence of rails 10 for sliding of the entire unit 2, as discussed in [0047], [0048], connecting axis can be configurable in multiple orientations based on usage needs), wherein the connecting axis is proximal to a button on the mountable device in the first orientation, and wherein the connecting axis is distal from the button in the second orientation ([0002] and [0003] many electronic device examples are described, and specifically including IPADs, Kindles, tablet PCs, etc; note: it is well known that the aforementioned examples at least many have several buttons, for power on/off, volume buttons, home button, among other types of buttons).
Regarding claim 19, Trotsky discloses further comprising detaching, via the one or more fastening devices, the mounting plate from the mountable device (Figs 6 and 13 and 17).
Claim Rejections - 35 USC § 103
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 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.
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(s) 4 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trotsky (US 20120025684A1, hereinafter referred to as “Trotsky”) in view of Saitoh (US 20220334613A1, hereinafter referred to as “Saitoh”).
Regarding claim 4, Trosky fails to sufficiently disclose wherein the mountable device comprises the button configured to actuate one or more functions of the mountable device
However, Saitoh teaches wherein the mountable device comprises the button configured to actuate one or more functions of the mountable device (Fig 19, mountable device (83) has a button (121); alternatively, [0073] operation button 97, or power button 99, volume button 101, to actuate various functions).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine and modify Trotsky by Saitoh based on the following rationale: referring to Trotsky as shown in Figures 1-5, 7-22, the only type of electronic device 18 being mounted by the positioning unit 2 is just a regular ipad or table PC type device without having structural complexities. On the other hand, Saitoh teaches in Figs 13-20 of many different portable terminals 83 having many different structural and functional limitations and elements, thereby achieving variety of complexities, while all being adapted for fastening and securing to the same strap 11.
In other words, referring to Saitoh, shown in Figs 13-20, at least 6 different rear side installation examples for portable terminals are shown, thereby allowing user to enable actual implementation of the same strap assembly to fit the needs of different installation examples. As a result, above discussed flexibility benefits of Saitoh over Trotsky thus serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to further combine and modify Trotsky by Saitoh.
Regarding claim 20, Trotsky fails to disclose further comprising removing a back cover of the mountable device and replacing a battery of the mountable device
However, Saitoh teaches further comprising removing a back cover of the mountable device and replacing a battery of the mountable device ([0074]: battery pack 113, 115, see also Figs 13 and 14, battery mounting opening 117 formed in rear cover 89).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Trotsky by Saitoh based on the following rationales, referring to Figs 1-28 of Trotsky, there is no teachings regarding any detailed battery replacement functionality for the mountable device (18) itself, nor any other common attachment implementations. On the other hand, referring to Saitoh, shown in Figs 13-20, at least 6 different rear side installation examples for a portable terminals are shown, thereby allowing user to enable actual implementation of the strap assembly to fit the needs of different installation examples. As a result, teachings from Saitoh over Trotsky thus serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to further combine and modify the shape and dimensions of the positioning unit 2 and base plate 6 and palm rest 22 of Trotsky in view of teachings from Saitoh to have better success when used on rear side installation for a portable terminal.
Claims 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Trotsky (US 20120025684A1, hereinafter referred to as “Trotsky”) in view of Tsui (US 20210116066A1, hereinafter referred to as “Tsui”).
Regarding claims 6 and 15, Trotsky fails to disclose wherein the connecting axis comprises a magnetized connecting axis configured to attach via magnetism to one or more of the strap or the mounting plate.
However, Tsui teaches wherein the connecting axis comprises a magnetized connecting axis configured to attach via magnetism to one or more of the strap or the mounting plate ([0048] lines 6-14; supporting object 80 has a connecting magnetic surface 81).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Trotsky by Tsui based on the following rationales, referring to Trotsky in Fig 6 and [0047], the base plate 6 is connected to the palm rest 22, and shown in Figs 13 and 16, of the rotating fastening feature in the center of ring 50, However, the palm rest 22 and the base plate 6 do not have any easy detachable mechanism to facilitate easy of mounting to electronic device. On the other hand, referring to Tsui in [0048], presence of magnetic surface 81 facilitate stable installation of the supporting object 80 on the tablet computer 1. As a result, improved ease and stable mounting via magnetic force taught by Tsui over Trotsky thus serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to further combine and modify the rotatable coupling of palm rest to base plate of Trotsky to have a magnetic surface taught by Tsui to easily mount to the correct matching position.
Claims 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Trotsky (US 20120025684A1, hereinafter referred to as “Trotsky”) in view of Saitoh (US 20200196726A1, hereinafter referred to as “Saitoh 726”).
Regarding claims 8 and 17, Trotsky fails to disclose wherein the intermediary portion comprises two or more layers, and wherein the connecting axis is configured to be disposed through one or more holes in the two or more layers of the intermediary portion.
However, Saitoh 726 teaches wherein the intermediary portion comprises two or more layers, and wherein the connecting axis is configured to be disposed through one or more holes in the two or more layers of the intermediary portion (Fig 6A and [0047], two layers of the intermediary portion can be the trapezoidal member 221 (one layer) and plate portion (21)(second layer) which are sewn together and combined, with hole 222 formed in trapezoidal member 221. Connection axis is vertical axis line C through hole 222 in Fig 6A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine and modify Trotsky by Saitoh 726 based on the following rationales: a) referring to Figs 10-11 of Trotsky, the rotating unit 2 appear to be very similar in overall configuration and function as the rotation mechanism portion 22 of Saitoh 726 in Figs 3A 5A, and 7, and thus easily substitutable; b) Trotsky is very vague of describing actual internal structures and components of the positioning unit 2, as shown in all of the figures thereof, thus the much detailed component structures shown by Figs 6A and 6B of Saitoh 726 for the rotation mechanism portion 22 would be useful and necessary to enable the actual implementation of intermediary portion having capability to rotate around vertical connecting axis C. As a result, above discussed benefits of Saitoh 726 over Trotsky thus serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to further combine Trotsky and Saitoh 726.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Trotsky (US 20120025684A1, hereinafter referred to as “Trotsky”) in view of Chang (US 10201221B1, hereinafter referred to as “Chang”).
Regarding claim 9, Trotsky fails to disclose further comprising a holder disposed on the strap and configured to hold a stylus.
However, Chang teaches further comprising a holder disposed on the strap and configured to hold a stylus (col. 4, lines 55-59: hand strap 1 further comprises a pen case 14, and a stylus can be placed in pen case 14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Trotsky by Chang based on the following rationales, referring to Chang, in col. 4, lines 55-59, which describes that hand strap 1 further comprises a pen case 14, and a stylus can be placed in pen case 14, so that it is convenient for user to place the stylus in the pen case 14 during usage thereof, as well as gripping the gripping portion 13 while allowing the user to take the stylus directly by hand. On the other hand, referring to Trotsky, none of the storage case 14 the electronic device 18, nor the strap 26 have any mechanism to facilitate holding of a stylus nor a pen case. As a result, above discussed improvements taught by Chang over Trotsky thus serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to combine and modify the strap assembly of Trotsky to incorporate a pen case for holding stylus of Chang.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fischer (US 9297495B2) discloses a holding device for a flat item. Takemasa (US 20100296235A1) discloses a hand strap holder for electronic device. Tsui (US 11131422B2) discloses stand frame for table electronic device. Tsai (US 20130213838A1) discloses an adjustable holder for tablet computer. Kam (US 20150041244A1) discloses an universal tablet holder.
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 DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00am MT--5:00pm MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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.
/DING Y TAN/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632