DETAILED ACTION
This is a first action on the merits, in response to the claims received 4/23/2024. Claims 26-36 are pending for prosecution below.
Information Disclosure Statement
The information disclosure statement (IDS)(s) file on has been considered by the examiner. An initialed copy is attached herewith.
Claim Rejections - 35 USC § 102
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) 26-28,31-32, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jacobs et al, (Jacobs), (USNO.2015/0102879).
As for claim 26, Jacobs discloses and shows in Figs. 1,20,29 a electronic watch device comprising: a display screen;a center window that defines part of an underside exterior surface (via ref’s first interface) of the electronic watch device, the underside exterior surface being opposite the display screen; one or more sensors (via ref’s sensing module: Fig. 20) located behind the center window, with the center window being configured to permit light to reach the one or more sensors; and a plurality of metal (via casing) portions that define parts of the underside exterior surface and that are configured to contact user skin when the electronic watch device is user worn, the plurality of metal portions including a first semi-circular metal portion and a second semi-circular metal portion that partially surround the center window (par.[0023,0071,0055,0059,0065-0066,0072,0076]).
As for claim 27, Jacobs discloses and shows in Figs. 1,20,29 first semi-circular metal portion is electrically isolated from the second semi-circular metal portion (via flux concentrator)
As for claim 28, Jacobs shows in Figs. 1,20,29 plurality of metal portions extend around the center window except for multiple gaps between metal portions that are each 3 mm or less
As for claim 31, Jacobs shows in Fig. 29 the first semi-circular metal portion has a semi-circular outer periphery; and the second semi-circular metal portion has a semi-circular outer periphery.
As for claim 32, Jacobs shows in Fig. 29 the first semi-circular metal portion has a semi-circular inner periphery; and the second semi-circular metal portion has a semi-circular inner periphery.
As for claim 35, Jacobs shows in Fig. 29 plurality of metal portions
are part of a housing of the watch that retains the display screen.
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(s) 29 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable Jacobs over Ray, (USPATNO.6,883,961)
As for claim 29, Jacobs discloses all limitations, but differs from the claimed invention because he does not explicitly a multiple gaps includes a first gap between the first semi-circular metal portion and the second semi-circular metal portion at a first location; the multiple gaps includes a second gap between the first semi-circular metal portion and the second semi-circular metal portion at a second location; and
the second location of the second gap is opposite the first location of the first gap, across the center window.
Ray discloses and shows in Fig. 1 a multiple gaps includes a first gap between the first semi-circular metal portion and the second semi-circular metal portion at a first location (via cases); the multiple gaps includes a second gap between the first semi-circular metal portion and the second semi-circular metal portion at a second location; and the second location of the second gap is opposite the first location of the first gap, across the center window (via rounded portions) (col.2, lines 20-42).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of Bushnell by using a multiple gaps includes a first gap between the first semi-circular metal portion and the second semi-circular metal portion at a first location; the multiple gaps includes a second gap between the first semi-circular metal portion and the second semi-circular metal portion at a second location; and the second location of the second gap is opposite the first location of the first gap, across the center window for advantages such as providing the ability to adapt wearer’s arm (col.1, line 33) , as taught by Ray.
As for claim 30, Jacobs in combination with Ray discloses and shows the first gap and the second gap extend radially between the first semi-circular metal portion and the second semi-circular metal portion at the first location and the second location, respectively
Claim(s) 33 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable Jacobs over Bushnell et al, (Bushnell), (USNO.2017/0086743).
As for claim 33, Jacobs discloses all limitations, but differs from the claimed invention because he does not explicitly disclose one or more sensors located behind the center window include photoplethysmography sensors
Bushnell discloses one or more sensors located behind the center window include photoplethysmography (ref’s PPG) sensors (par.[0048])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of Bushnell by using one or more sensors located behind the center window include photoplethysmography sensors for advantages such as providing the ability to determine health information- (par.[0054]), as taught by Bushnell.
As for claim 36, Jacobs discloses all limitations, but differs from the claimed invention because he does not explicitly an external surface of the first semi-circular portion that is configured to contact user skin is concave between an outer perimeter of the first semi-circular portion and an inner perimeter of the first semi-circular portion; and an external surface of the second semi-circular portion that is configured to contact user skin is concave between an outer perimeter of the second semi-circular portion and an inner perimeter of the second semi-circular portion.
Bushnell discloses and shows in Fig. 2 an external surface of the first semi-circular (ref’s housing component) portion that is configured to contact user skin is concave between an outer perimeter of the first semi-circular portion and an inner perimeter of the first semi-circular portion; and an external surface of the second semi-circular portion (via ref’s main body) that is configured to contact user skin is concave between an outer perimeter of the second semi-circular portion and an inner perimeter of the second semi-circular portion (par.[0051,0066]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of Bushnell by using an external surface of the first semi-circular metal portion that is configured to contact user skin is concave between an outer perimeter of the first semi-circular metal portion and an inner perimeter of the first semi-circular metal portion; and an external surface of the second semi-circular metal portion that is configured to contact user skin is concave between an outer perimeter of the second semi-circular metal portion and an inner perimeter of the second semi-circular metal portion for advantages such as providing the ability to exert force on the housing (par.[0051]), as taught by Bushnell.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable Jacobs over Tilvis et al, (Tilvis), (USNO.2013/0063084).
As for claim 34, Jacobs discloses all limitations, but differs from the claimed invention because he does not explicitly one or more sensors located behind the center window include light emitting diodes and a receiver arranged in cross-shaped profile
Tilvis discloses one or more sensors located behind the center window include light emitting diodes and a receiver (ref’s detection circuitry) arranged in cross-shaped profile (par.[0056-0057])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of Bushnell by using one or more sensors located behind the center window include photoplethysmography sensors for advantages such as providing the benefical illumination to user (par.[0056]) , as taught by Tilvis.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN C WILLIAMS whose telephone number is (571)272-9765. The examiner can normally be reached on M-F 9 a.m. - 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached on 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARUN C WILLIAMS/ Primary Examiner, Art Unit 2859
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