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 § 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 1-10 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.
Regarding claim 1, the limitation “so as to identify which detachable structure is installed in position” renders the claim indefinite because it is unclear what applicant is referring to by “which detachable structure” as only one previous detachable structure has been defined. “A wearable device, comprising: a fixed structure; a processor, installed on the fixed structure; and a detachable structure” clearly establishes antecedent basis for only one structure. If there are multiple structures that need to be distinguished between, these need to be properly claimed. For the purposes of examination “which detachable structure” will be interpreted to mean “the detachable structure”.
Claims 2-10 are rejected for inheriting these deficiencies.
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.
Claims 1-3 and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 219574618.
Regarding claim 1, CN ‘618 discloses a wearable device, comprising: a fixed structure (motherboard of housing 1); a processor, installed on the fixed structure (0063 and 0064, attached translation); and a detachable structure (decorative ring assembly 3), installed on the fixed structure in a detachable mode (0049), wherein at least one group of inductive pieces are arranged on the detachable structure, each group of inductive pieces comprises at least one detectable element (see Fig 4, inductive pieces 7), and at least one sensor is arranged on the fixed structure, wherein each sensor is configured to detect the detectable element at its corresponding position when the detachable structure is installed in position (Hall sensor see 0064), so as to identify the detachable structure is installed in position, and the processor is in communication connection with the sensor so as to adjust a display of the wearable device according to a detection result of the sensor (0064).
Regarding claim 2, the detectable element is structured as a magnetic piece (7), the sensor is structured as a Hall device (Hall sensor 0064), and the Hall device is configured to detect magnetic pole information of the magnetic piece at a corresponding position (The hall device detects the magnetic field and therefore magnetic pole information).
Regarding claim 3, at least two groups of inductive pieces are arranged on the detachable structure, at least two groups of the inductive pieces are arranged at intervals in a circumferential direction of the detachable structure, and any two groups of inductive pieces are arranged in a rotationally symmetric mode, wherein in the any two groups of inductive pieces, magnetic poles of two corresponding magnetic pieces arranged in a rotationally symmetric mode are the same (Fig 3 and 4 show at least two groups of inductive pieces 7, arranged at the same interval angle in a rotationally symmetric mode and therefore magnetic poles are the same).
Regarding claim 5, the detachable structure has an installing structure configured to install each group of inductive pieces (Fig 4), and the installing structure comprises at least two installing grooves used to install the magnetic pieces (7), wherein a quantity of the Hall devices equals a quantity of the installing grooves in the installing structure, and a quantity of the magnetic pieces of each group of inductive pieces equals a quantity of the installing grooves in the installing structure (Fig 3 and 4 show equal numbers, also see translation 0063).
Regarding claim 6, the fixed structure has an annular matching part (see annular matching part close to 41 in fig 2), and the detachable structure is rotatably sleeved in the annular matching part (Fig 6 shows the detachable structure and the annular matching part rotatable sleeved near 41 and 42), and a first turnbuckle (41) is arranged on the annular matching part, a second turnbuckle (42) is arranged on the detachable structure, and the first turnbuckle and the second turnbuckle are clamped together in a rotatably fastening mode (see 0068 and 0069).
Regarding claim 7, the fixed structure has an annular matching part (see annular matching part close to 41 in fig 2), and the detachable structure is rotatably sleeved in the annular matching part (Fig 6 shows the detachable structure and the annular matching part rotatable sleeved near 41 and 42), and a flexible piece (spacer 6, Fig 3 and 4) is arranged on one of the annular matching part and the detachable structure, and the flexible piece abuts against the other of the annular matching part and the detachable structure.
Regarding claim 8, the flexible piece (6) is arranged on the detachable structure (Fig 3) , the flexible piece has a first wall surface (, and the first wall surface is used to abut against the fixed structure in an axial direction (0060).
Regarding claim 9, the flexible piece (6) is arranged on the detachable structure (Fig 3), the flexible piece has a second wall surface (radial surface of 6), and the second wall surface is used to abut against the annular matching part in a radial direction (Fig 4 shows 31 is above 32 which is above 6, therefore in the view of Figure 6 which shows 31 above 1, 6 will be near 42 and 1 abutting against the annular matching part in a radial direction).
Regarding claim 10, the fixed structure has an annular matching part, and the detachable structure is rotatably sleeved in the annular matching part (see annular matching part close to 41 in fig 2), and the detachable structure is rotatably sleeved in the annular matching part (Fig 6 shows the detachable structure and the annular matching part rotatable sleeved near 41 and 42), and an elastic sheet (5) is arranged on the detachable structure (Fig 7), the elastic sheet has a first protrusion that protrudes inwardly (Fig 8), the annular matching part is provided with a second protrusion (11) that protrudes outwardly, and in response to determining that the detachable structure rotates, the first protrusion selectively abuts against the second protrusion (see 0051, 0053 and 0054).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over CN ‘618.
Regarding claim 4, CN ‘618 discloses the detachable structure has an installing structure configured to install each group of inductive pieces (Fig 3 and 4), and the installing structure comprises at least two installing grooves used to install the magnetic pieces (7), wherein a quantity of the Hall devices equals a quantity of the installing grooves in the installing structure (translation 0063).
CN ‘618 does not explicitly disclose a quantity of the magnetic pieces of each group of inductive pieces is smaller than a quantity of the installing grooves in the installing structure.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify CN ‘618 to lower the quantity of magnetic pieces to be less than the quantity of installing grooves for the purpose of reducing the magnetic fields in the device that could disrupt or harm other devices sensitive to magnetic fields. Additionally, it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184. Please note that in the instant application, page 10, paragraph [0029] applicant has not disclosed any criticality for the claimed limitations.
Response to Arguments
Applicant's arguments filed 6/24/26 have been fully considered but they are not persuasive. Applicant argues that Lin does not teach anything pertaining to replaceable decorative ring assemblies, nor does Lin teach any factors that the main board Hall sensor can identify which decorative ring assembly is installed in position.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., identifying the type of decorative ring assembly installed) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant has not claimed any decorative ring assemblies, nor a plurality of detachable structures from which to identify between. Therefore, since only one structure is claimed, Lin does disclose identifying that it is installed in position. Applicant’s arguments are not persuasive.
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.
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/JASON M COLLINS/ Examiner, Art Unit 2831
/EDWIN A. LEON/ Primary Examiner, Art Unit 2831
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