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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/11/26 has been entered.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over CN 11291747 to Wang (Wang) in view of WO 2021099892 to Arthur (Arthur), U.S. Patent #9,014,469 to Zimet-Rubner (Zimet), and U.S. Patent #10,130,131 to Ryou (Ryou).
With Respect to Claim 1
Wang discloses a wearable device comprising: a device body (watch body 10); two straps (21-22), wherein one end of one of the two straps and one end of the other one of the two straps are connected to one end and the other end of the device body, respectively, and the other end of the one of the two straps and the other end of the other one of the two straps are connected to each other and are partially overlapped (although not shown, when worn the end of 22 when released will extend so as to partially overlap 21 as is common for similar wristwatches); a length measurement mechanism (size determination portion 101) comprising a detection part (noting portion of fastener 51 that forms the loop with 52) and a sensor (53) respectively provided on the two straps, and the detection part and sensor indicate an overlapping length between the two straps (i.e. determining band size also determined the unused/excess portion of 22 which overlaps); and a tightness adjustment mechanism (noting differently located openings 52) provided on the straps, wherein the overlapping length between the two straps are adjusted by the tightness adjustment mechanism, so as to adjust a tightness of the wearable device, wherein the straps comprise a first strap and a second strap, wherein the tightness adjustment mechanism comprises an adjustment member provided at an end of the first strap; and that the first and second fastener are not limited to the buckle structure shown and discloses numerous alternative buckle types that could be used; but does not disclose a controller, a color sensor, wherein the color sensor is electrically connected to the controller, and a color of the detection part identified by the color sensor represents an overlapping length between the two straps; wherein a plurality of detection parts are provided, and the plurality of detection parts are distributed at different positions along a length direction of the strap, and does not disclose wherein the detection parts at different positions are coated with UV paint or phosphor of different colors; or wherein the detection parts at different positions are provided with light sources of different colors, and does not disclose the tightness adjustment mechanism comprises a gear rack structure provided at the second strap, the adjustment member comprises a body portion, the body portion is provided with an adjustment cavity, and at least the gear rack structure is movable in and out of the adjustment cavity, wherein, the adjustment member further comprises a hook member rotatably provided in the adjustment cavity and have a first state and a second state, wherein, in the first state, the hook member is engaged with the gear rack structure and drives the adjustment member to move, which drives the hook member to move relative to the gear rack structure, to change a length of the gear rack structure inserted into the adjustment cavity, so as to increase a length of the second strap overlapping with the first strap, and wherein, in the second state, the hook member is disengaged from the gear rack structure, so that the second strap moves in a direction of retracting from the adjustment cavity, so as to reduce a length of the second strap overlapping with the first strap, wherein the gear rack structure comprises a plurality of tooth slots spaced apart from each other, and in the first state, the hook member is engaged in the tooth slots, wherein the tooth slots are detection parts; and wherein the color sensor is disposed at the hook member (obvious per Rosen’s disclosure of locating the color sensor on the similar buckle fastener), the hook member is engaged in different tooth slots, so as to change the overlapping length between the two straps, to be correspond to the color identified by the color sensor. .
However, Arthur discloses a similar length measurement mechanism for a user limb attached device comprising a controller (330), a detection part (colored section) and a color sensor (310/320) respectively provided on two overlapping parts, wherein the color sensor is electrically connected to the controller, and a color of the detection part identified by the color sensor represents the positional relationship of the two parts.
Zimet discloses the use of UV/ultraviolet paint (fiducial makers, see e.g. Col. 5 lines 15-22) for a detection part that is detected by a color sensor/detector (fidcual marker detector 20, see e.g. Col. 5 lines 15-22, Col. 9 lines 49-53) in order to allow the detection part/fiducial markers to be invisible or only faintly visible to the naked eye.
Ryou discloses forming a similar wrist device having first and second straps and a tightness adjustment mechanism that comprises an adjustment member (300 alone or in combination with related structure, FIG. 3) provided at an end of the first strap and a gear rack structure (120 and upper band portion including such) provided at the second strap, the adjustment member comprises a body portion, the body portion is provided with an adjustment cavity (area between adjacent 120), and at least the gear rack structure is movable in and out of the adjustment cavity, wherein, the adjustment member further comprises a hook member (310) rotatably provided in the adjustment cavity and have a first state and a second state, wherein, in the first state, the hook member is engaged with the gear rack structure and drives the adjustment member to move, which drives the hook member to move relative to the gear rack structure, to change a length of the gear rack structure inserted into the adjustment cavity, so as to increase a length of the second strap overlapping with the first strap, and wherein, in the second state, the hook member is disengaged from the gear rack structure, so that the second strap moves in a direction of retracting from the adjustment cavity, so as to reduce a length of the second strap overlapping with the first strap, wherein the gear rack structure comprises a plurality of tooth slots spaced apart from each other, and in the first state, the hook member is engaged in the tooth slots, the hook member is engaged in different tooth slots, so as to change the overlapping length between the two straps.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Arthur, to replace the length measurement mechanism of Wang with a controller, color sensor and colored section as taught by Arthur, as a mere substitution of one art known detection mechanism for another.
It would also have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Zimet, to use UV/ultraviolet paint for the detection part and a color sensor capable of detecting such, in order to allow the detection part to be invisible in order to enhance aesthetic appeal and/or as a mere selection of an art appropriate detection part and color sensor to use.
It would also have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Ryou, replace the tightness adjustment mechanism/buckle of Wang/the combination with a tightness adjustment mechanism/buckle as taught by Ryou, for the benefits disclosed by Ryou for its structure, to allow for easier adjustment and/or adjustment without having to separate the band (i.e. keeping the band in position on the user during adjustment), and/or as a mere substitution of one art known adjustment mechanism for another.
It is Examiner’s position that the structure of the combination will also meet the limitations wherein the tooth slots are detection parts (per Wang’s disclosure of detection parts where the two bands meet/attach to determine size, it is obvious to locate the detection mechanism at the tooth slots); and wherein the color sensor is disposed at the hook member (obvious per Arthur’s disclosure of locating the color sensor on the similar buckle fastener), the hook member is engaged in different tooth slots, so as to change the overlapping length between the two straps, to be correspond to the color identified by the color sensor.
With Respect to Claim 5
The wearable device of claim 1, wherein the tightness adjustment mechanism further comprises a rotating shaft (350 and/or hinge knuckles 340) rotatably provided at the adjustment member, and the hook member is fixedly connected to the rotating shaft.
Alternately, it would have been obvious to one of ordinary skill in the art before the filing date of this application to replace the removable attachment via the hinge knuckles with an integrally formed rotating pin/shaft, in order to reduce the number of parts and/or as doing so constitutes at most merely making integral which does not patentably distinguish over the prior art (MPEP 2144.04).
With Respect to Claim 6
The wearable device of claim 5, wherein one mounting hole (openings for 350, FIG. 4) is provided on each of opposite sides of the adjustment member, and each of two ends of the rotating shaft is respectively installed in one mounting hole, at least one end of the rotating shaft is provided with a toggle portion (330), the toggle portion is exposed outside the adjustment member, and driving of the toggle portion drives the hook member to switch between the first state and the second state.
With Respect to Claim 7
The wearable device of claim 5, wherein the tightness adjustment mechanism further comprises an elastic member (plate spring 250), and the elastic member can act on the hook member, so that the hook member in the second state has a tendency to move to the first state.
With Respect to Claim 9
The wearable device of claim 1, wherein the hook member has an engaging end, and in the first state, the engaging end is obliquely engaged in the tooth slots, wherein, the tooth slot has opposite first and second sides, the hook member moves from the first side of one tooth slot to another tooth slot adjacent to the one tooth slot to increase the overlapping length between the two straps, wherein, at the first side, each of the tooth slots is provided with a guide slope parallel to the engaging end, and the guide slope is configured to guide the engaging end to enter another tooth slot adjacent to the one tooth slot from the first side (see, e.g. Ryou FIG. 3), and/or wherein at the second side, each of the tooth slots is provided with a stop surface, and the stop surface is disposed at an acute or a right angle with respect to a bottom wall of each of the tooth slots, to limit the engaging end from entering another tooth slot adjacent to the one tooth slot from the second side.
With Respect to Claim 12
The wearable device of claim 1, wherein the wearable device further comprises a tightness sensing member (pressure sensor 40) electrically connected to the controller (it is Examiner’s position connecting the pressure sensor to the controller would have been obvious in order to obtain the art known benefits of the controller and/or to avoid requiring a separate controller for it), and the tightness sensing member is provided on a wearing side of the wearable device (necessary to function as disclosed) and is configured to detect the tightness of the wearable device.
With Respect to Claim 13
The wearable device of claim 12, wherein the tightness sensing member is a pressure sensor, and a pressure value detected by the pressure sensor represents the tightness of the wearable device.
With Respect to Claim 14
The wearable device of claim 13, wherein a pressure value detected by the pressure sensor corresponds to an overlapping length between the two straps (as the size of the circle formed by the straps is based on the overlapping length and determines/corresponds to the pressure value), the controller is configured to obtain a target overlapping length according to a target pressure value, and to obtain a current overlapping length between the two straps, so as to obtain a length adjustment value according to the target overlapping length and the current overlapping length, so that the tightness adjustment mechanism adjusts the overlapping length between the two straps to the target overlapping length according to the length adjustment value (it is Examiner’s position that the controller is inherently capable of this use based on its stated purpose or alternately the selection of a controller capable of this use is obvious as a mere selection of an art appropriate controller to use, or alternately having the controller do so is obvious in view of Wang’s disclosure of the pressure sensor and its use combining the wrist size measurement and blood pressure measurement and Arthur’s disclosure of using the controller to provide analysis of data from the sensors, i.e. determining the tightness/pressure on the user at a given sizing is obvious in view of having pressure and sizing sensors and adjusting via the adjustment mechanism to a targeted sizing/pressure is also obvious to obtain a desired sizing/pressure for any number of reasons such as maximizing user comfort or allowing/improving sensor data gathering).
With Respect to Claim 15
The wearable device of claim 14, wherein the pressure sensor is configured to detect an actual pressure value after the overlapping length between the two straps is adjusted to the target overlapping length (detecting the actual pressure at this or any other time when worn is inherent as that is its purpose), and the controller is configured to obtain the actual pressure value and determines whether a difference between the actual pressure value and the target pressure value is less than or equal to a preset pressure difference; and/or the target pressure value comprises a test pressure value, the wearable device is a wrist-worn device, and when the wrist-worn device is at a tightness corresponding to the test pressure value, the wrist-worn device can be used for testing blood oxygen saturation (it is Examiner’s position that it is capable of either of these uses, or to the degree that the controller might be incapable of such selecting a controller capable of such would constitute at most a mere selection of an art appropriate controller to use for the art known benefits of that controller, e.g. to compare current and previous values to alert the wearer or other user to any issues).
With Respect to Claim 16
The wearable device of claim 1, wherein the wearable device further comprises a prompter electrically connected to the controller, the prompter comprises at least one of a display screen, a speaker and a vibrator, and the prompter is configured to receive and feedback an adjustment instruction generated by the controller (although not explicitly stated, Wang shows a display in FIG. 2, the disclosure of the user using the data from the sensors inherently indicates some form of prompter so that the user can receive the data, and connecting the controller to the display is the simplest and most obvious way to perform this function and so a person of ordinary skill in the art would consider this to be inherent or alternately clearly obvious).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over CN 11291747 to Wang (Wang) in view of WO 2021099892 to Arthur (Arthur), U.S. Patent #9,014,469 to Zimet-Rubner (Zimet), and U.S. Patent #10,130,131 to Ryou (Ryou) as applied to claim 1/7 above, and further in view of U.S. Patent #5,572,747 to Cheng (Cheng)
With Respect to Claim 8
The wearable device of claim 7, but does not disclose wherein the elastic member is a torsion spring sleeved on the rotating shaft, the torsion spring comprises a spring body and a first torsion arm and a second torsion arm respectively connected to two ends of the spring body, the first torsion arm is fixedly connected to the adjustment member, and the second torsion arm abuts against the hook member.
However, Cheng discloses forming a similar rotatable member formed as part of a buckle with an elastic member (2) that is a torsion spring sleeved on a rotating shaft (11) , the torsion spring comprises a spring body and a first torsion arm and a second torsion arm respectively connected to two ends of the spring body (see, e.g. FIG. 2), the first torsion arm is fixedly connected to the adjusting member, and the second torsion arm abuts against the hook member (Col. 2 lines 21-26).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Cheng, to form the elastic member as a torsion spring as claimed, as a mere selection of an art appropriate elastic/biasing member to use or a mere substitution of one art known elastic/biasing member for another.
With Respect to Claim 9
As to claim 9 this combination is provided as an alternative rejection of that claim, noting that Cheng discloses forming a similar gear track wherein at the second side, each of the tooth slots is provided with a stop surface, and the stop surface is disposed at an acute or a substantially right angle with respect to a bottom wall of each of the tooth slots, to limit the engaging end from entering another tooth slot adjacent to the one tooth slot from the second side (see e.g. FIG. 4 showing a substantially right angle), and so it would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Cheng, to form the stop surface of Wang/the combination with a right angle or an acute angle as claimed in order to provide a better stop to avoid inadvertent slipping of the hook member from the slot.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over CN 11291747 to Wang (Wang) in view of WO 2021099892 to Arthur (Arthur), U.S. Patent #9,014,469 to Zimet-Rubner (Zimet) and U.S. Patent #10,130,131 to Ryou (Ryou) as applied to claim 1 above, and further in view of CN 109820488 to Ye (Ye), alone or also in view of Cheng.
With Respect to Claim 10
The wearable device of claim 1, wherein the wearable device is a wrist-worn device, and the wrist-worn device has a health monitoring function, wherein the tightness adjustment mechanism comprises an adjustment member provided at an end of one of the straps, and the other strap is movably connected to the adjustment member (movably connected as one can separate the fasteners and move to a different adjustment location), but does not disclose an electrocardiographic monitoring function, at least two monitoring electrodes for electrocardiographic monitoring and electrically connected to the controller are located outside the device body and/or the adjustment member, and wherein the wrist-worn device has a wearing side, and the monitoring electrodes comprise a first monitoring electrode arranged on the wearing side and a second monitoring electrode arranged at another position.
However, Ye discloses a similar wrist worn health monitoring device including an electrocardiographic monitoring function (ECG), at least two monitoring electrodes (e.g. one or both of 111 in combination with one or both of 113) for electrocardiographic monitoring and electrically connected to the controller are located outside the device body and/or the adjustment member (FIGS. 2, 3, and description), and the monitoring electrodes comprise a first monitoring electrode (111) arranged on the wearing side and a second monitoring electrode (113) arranged at another position
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Ye, to add an electrocardiographic monitoring function to the device of Wang/the combination, in order to improve a user’s health via health monitoring, to provide more health information, and/or to obtain the benefits of Ye in addition to those of Wang/the combination.
With Respect to Claim 11
The wearable device of claim 10, wherein the device body is provided with at least one first monitoring electrode and one second monitoring electrode (51 or 111 or 113), but does not disclose that the adjustment member is provided with at least one first monitoring electrode; or the device body is provided with at least one first monitoring electrode, and the adjustment member is provided with at least one second monitoring electrode.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to locate one or more of the monitoring electrodes on the adjustment member, in order to better distribute weight, to save space on the device body for other structures to increase functionality, and/or as doing so constitutes at most a mere duplication of parts and/or rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over CN 11291747 to Wang (Wang) in view of WO 2021099892 to Arthur (Arthur), U.S. Patent #9,014,469 to Zimet-Rubner (Zimet) and U.S. Patent #10,130,131 to Ryou (Ryou) as applied to claim 1 above, and further in view of U.S. Patent #10,448,711 to Kallman (Kallman).
With Respect to Claim 17
The wearable device of claim 1, wherein the two straps are detachably connected to the device body (noting disclosed as connected and also the disclosure that terms such as “connected” includes detachable connections), but does not detail how the straps are connected and so does not disclose one end of each of the straps is provided with a locking protrusion, and each of both ends of the device body is provided with a locking groove, and the locking groove is engaged with the locking protrusion; wherein the locking protrusion provided on at least the strap provided with the color sensor is a conductive locking protrusion, an electronic component on the strap is electrically connected to the conductive locking protrusion, the locking groove corresponding to the conductive locking protrusion is provided with a second conductive contact therein, the second conductive contact is electrically connected to the controller, and the conductive locking protrusion can be in contact and conduct with the second conductive contact after being engaged with the locking groove.
However, Kallman discloses a strap detachably connected to the device body, one end of the strap is provided with a locking protrusion (112, 1312, or similar parts on other embodiments), and each of both ends of the device body is provided with a locking groove (FIG. 1), and the locking groove is engaged with the locking protrusion (FIGS. 1A-3); wherein the locking protrusion provided on at least the strap provided with the sensor is a conductive locking protrusion (all are conductive, it is noted that Kallman discloses the conductors connecting sensors or other electronic structures on the strap/band to electronic structures on the device body), an electronic component (e.g. sensor) on the strap is electrically connected to the conductive locking protrusion, the locking groove corresponding to the conductive locking protrusion is provided with a second conductive contact (122 or similar parts of other embodiments) therein, the second conductive contact is electrically connected to electronics on the device body, and the conductive locking protrusion can be in contact and conduct with the second conductive contact after being engaged with the locking groove.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Kallman, to detachably connect each of the straps and their sensors/electronic components of Wang/the combination to the device body and its controller using a detachable connection as taught by Kallman, in order to provide the benefits disclosed by Kallman to the Wang/combination device and/or as a mere selection of an art appropriate attachment mechanism to use.
With Respect to Claim 18
The wearable device of claim 17, wherein the second conductive contact is provided on a conductive pin or a conductive elastic piece in the locking groove (FIGS. 16-17 show the second conductive contact as a pin to the extent claimed), one end of the conductive pin or the conductive elastic piece is connected to a wall of the locking groove and is electrically connected to the controller (inherent in using the band to connect the controller on the device body to the sensor or alternately clearly obvious), and another end of the conductive pin or the conductive elastic piece is provided with the second conductive contact, to contact and conduct with the conductive locking protrusion (1412).
Alternately, although Examiner maintains that the contact shown in FIGS. 16-17 is a pin to the extent broadly claimed, Kallman discloses the use of a pin (e.g. 712, FIG. 9) and/or conductive elastic piece (e.g. 720, FIG. 9) to electrically connect electronics on the device body to electronics such as sensors on the strap, and so it would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Kallman, to form the second conductive contact in this fashion for the art known benefits of such, as a mere selection of an art appropriate electrical contact structure to use, or at most a mere substitution of one art known electrical contact structure for another.
Response to Arguments
Applicant's arguments filed 10/23/25 have been fully considered but they are largely not persuasive or are moot in view of the new ground(s) of rejection.
In response to Applicant’s arguments that the tightness adjustment mechanism and length measurement mechanism are closely related to each other rather than independent components and amended claim 1 recites that the tooth slots are detection parts and the color sensor is disclosed at the hook member, and that this structure is not obvious in view of the prior art of record, Examiner respectfully disagrees.
In response to applicant's arguments against the references individually (e.g. that Wang does not relate to a color sensor), one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Examiner considers this sufficient response to all arguments indicating that a particular reference on its own does not teach/disclose subject matter that the reference is not purported to disclose.
In response to Applicant’s arguments that the tightness adjustment mechanism and length measurement mechanism are closely related to each other rather than independent components, the base reference, Wang, discloses the tightness adjustment mechanism and length adjustment measurement mechanisms are closely related to each other rather than independent mechanisms, noting that the length measurement mechanism is located on the adjustment mechanism in order to allow for the measurement so that the two are used together.
In response to Applicant’s argument that one of ordinary skill in the art would not apply the color sensor in Arthur or Zimet to the hook member in Ryu, Examine respectfully disagrees. Wang discloses forming a detection mechanism for detecting the size/length of the bands and locating one part of the detection mechanism on each of the male and female fastening structures of the buckle/adjustment mechanism (noting e.g. detection resistor 53 on female openings 52 of the watch band and first fastener 51 being formed so as to form a detection loop with the resistor when connected). Examiner maintains that a person of ordinary skill in the art would consider it obvious in view of Wang’s disclosure to use any of various alternate buckle structures, to replace the buckle type shown in Wang with a buckle as taught by Ryou, for the benefits disclosed by Ryou and/or as a mere substitution of one art known buckle/fastener for another. As part of this modification, the detection mechanisms would need to be located on the hook per Ryou and in the slots per Ryou in order to detect and measure in similar fashion to Wang (i.e. the hook corresponds to the male fastener and the slots correspond to the female fastener, and so locating the detectors in the corresponding locations/parts on the adjustment mechanism of the combination is clearly obvious). It would also be obvious in view of the disclosure of Arthur to use a color detection mechanism in place of the electrical/resistor based detection mechanism of Wang, for the benefits disclosed by Arthur and/or as a mere substitution of one art known detection mechanism for another. Similarly, Zimet renders obvious using UV paint as part of the color detection mechanism of the combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734