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 .
This office action is in response to applicant’s amendment dated 6/14/2024, claims 1, 3-20, were amended, claim 21 was cancelled and claim 22 was newly introduced. Accordingly claims 1-20, 22 are currently pending in the application.
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.
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) 1, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (CN109892756 A) hereinafter Xie (reference is made to the translated copy filed by applicant) in view of He et al. (CN 113303569 A) hereinafter He (with reference to the translated copy provided by the examiner).
Regarding claim 1, Xie teaches A wearable device (“The invention claims a host wearable intelligent terminal device” in Page 1, ¶[Abstract]), comprising: an earphone (300 in Fig. 2); and a host (100 in Fig. 2), wherein: the earphone includes an earphone magnet (“Tile earphone is magnetic-type to be placed in the accommodating cavity or the earphone ls connected in tile accommodating cavity” in page 4, ¶[before last paragraph]); the host comprises a first part and a second part (110 and 120 in Fig. 1); the first part being configured to rotate relative to the second part and to be opened relative to the second part , to move the host between an open and a closed position (“host 100 include can lid splitting or integrating from lower cover 110 and upper cover body 120, when wearing, lower cover 110 Between upper cover body 120 and wrist upper cover body 120 and lower cover 110 pass through an articulated shaft in one of the embodiments, 130 rotation connections as depicted in figs. 1 and 2” in Page 6, ¶[0008 to 0010]), Xie further teaches comprising and arranged such that when the host is closed, the first accommodation groove and the third accommodation groove enclose an accommodation space (Fig. 3 shows how 151 and 152 are identical concave grooves in separate opposite parts 110 and 120 and are aligned so that in closed position they create an accommodation space),
Xie does not specifically disclose the device further comprising the first part including a first accommodation groove and the second part including a third accommodation groove; nor does Xie teaches the first part including a first host attachment magnet; and arranged such that when the host is closed, the earphone is accommodated in the accommodation space, and the earphone magnet is magnetically attached to the first host attachment magnet, the first part is opened relative to the second part, the earphone can be attached in the first accommodation groove and move with the first part; and when the earphone is accommodated in the first accommodation groove, a maximum distance between a part of the earphone located in the first accommodation groove and a plane on which an opening of the first accommodation groove is located is a first distance, and a maximum distance between the part of the earphone located outside the first accommodation groove and the plane on which the opening of the first accommodation groove is located is a second distance, wherein the first distance is less than the second distance however,
Since it is known in the art as evidenced by He for a device to further comprise the first part including a first accommodation groove and the second part including a third accommodation groove (“the first locking piece 140 is set on the groove bottom of the containing groove 1110, the second locking piece 150 set on the earphone body 340 towards the containing groove 1110 groove bottom of one side; the position of the second locking member 150 and the first locking member 140 are corresponding to each other, so that the second wearing device 300 is more stably located on the main body 110” in page 7, ¶[0003]); nor does Xie teaches the first part including a first host attachment magnet (“it also needs to be noted that the magnetic attraction force between the first locking member 140 and the second locking member 150 can be adjusted, so as to balance the first locking member 140 and the second locking member 150 of the locking force; and it is convenient to unlock the first locking member 140 and the second locking member 150.” in Page 8, ¶[0001]); and arranged such that when the host is closed, the earphone is accommodated in the accommodation space (“as a specific embodiment of the intelligent wearable device provided by the invention, the first locking piece 140 is set on the groove bottom of the containing groove 1110, the second locking piece 150 set on the earphone body 340 towards the containing groove 1110 groove bottom of one side; the position of the second locking member 150 and the first locking member 140 are corresponding to each other, so that the second wearing device 300 is more stably located on the main body 110” in page 7, ¶[0003]), and the earphone magnet is magnetically attached to the first host attachment magnet (“the first locking member 140 and the second locking member 150 are magnets, and the first locking member 140 and the second locking member 150 are attracted to the opposite direction. by the first locking piece 140 and the second locking piece 150 is magnet, so that the first locking piece 140 and the second locking piece 150 by means of magnetic locking” in page 7, ¶[Last paragraph]), when the first part is opened relative to the second part, the earphone can be attached in the first accommodation groove and move with the first part (Earbuds 300 move with the lid 110 in Fig. 4); and when the earphone is accommodated in the first accommodation groove (300 inserts into 110 in Fig. 1), a maximum distance between a part of the earphone located in the first accommodation groove and a plane on which an opening of the first accommodation groove is located is a first distance (how far the earphone 300 is submerged in the lid in Fig. 1), and a maximum distance between the part of the earphone located outside the first accommodation groove and the plane on which the opening of the first accommodation groove is located is a second distance (the part of the earphone 300 extending beyond the edge of the groove 1100 in Fig. 1),
An ordinary skilled in the art would be motivated to modify the invention of Xie with the teachings of He for the benefit of improving the versatility of the device, therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Xie with He,
Xie as modified by He does not specifically disclose the device further comprising wherein the first distance is less than the second distance however,
Since He teaches exposing the earphones for easy access in (“so as to realize the second wearable device 300 exposed” in Page 8, ¶[0003] and 300 in Fig. 1), it would have been obvious to a person of ordinary skill in the art to make the first distance is less than the second distance for the benefit of improving the user ease of extraction of the earphone, therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Xie as modified by He.
Regarding clam 19, Xie a modified by He teaches the device of claim 1, He further teaches the device further comprising wherein the earphone and the first accommodation groove match in shape, and/or the earphone and the third accommodation groove match in shape (See 151 and its opposite 152 in Fig. 3, also a second pair composed of the first groove 153 is shown).
Claim(s) 2, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (CN109892756 A) hereinafter Xie in view of He et al. (CN 113303569 A) hereinafter He and further in view of Xu et al. (CN 213694059 U) hereinafter Xu.
Regarding claim 2, Xie as modified by He teaches the device of claim 1, Xie as modified by He does not specifically disclose the device further comprising wherein the first host attachment magnet is a Halbach array, and the earphone magnet is a single magnet or a Halbach array however,
Since it is known in the art as evidenced by Xu for a device to employ a magnet and a Hall sensor in a charging case of earphones in (“the cover opening detecting device 40 is a Hall detecting device, comprising a magnet 11 embedded in the upper cover and a Hall sensor 23 embedded in the box body 20 corresponding to the magnet 11 of the box body 20” in page 5, ¶[Fourth from the bottom]),
An ordinary skilled in the art would be motivated to modify the invention of Xie as modified by He with the teachings of Xu for the benefit of improving efficiency of the device,
Therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Xie as modified by He with Xu,
Xie as modified by He and Xu does not specifically disclose the hall sensor and the magnets were placed on the groove and the earphone however,
It would have been obvious to modify the invention of Xie as modified by He and Xu to include the magnet and hall sensor in the earphone and the groove receiving the earphone, especially since the magnet and sensor are performing the same function which is initiating a signal of On or Off depending on inserted status, therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Xie as modified by He and Xu.
Regarding claim 9, Xie as modified by He teaches the device of claim 1, Xie as modified by He does not specifically disclose the device further comprising wherein: the second part comprises a status detection magnet and the first part comprises a first magnetic field sensor, configured to detect a magnetic flux of the status detection magnet; and the host comprises a processor configured to execute program instructions that enable determination of whether the host is in an open state or a closed state based on a detection signal of the first magnetic field sensor however,
Since it is known in the art as evidenced by McIntosh for a device to further comprise wherein: the second part comprises a status detection magnet and the first part comprises a first magnetic field sensor (“the cover opening detection detecting device is a Hall detecting device, comprising a magnet embedded in the upper cover and a Hall sensor embedded in the box body corresponding to the magnet position side of the box body” in ¶[0017]), configured to detect a magnetic flux of the status detection magnet (“Hall magnetic sensor 23 detects the magnetic flux around the box body 20 is reduced to generate high level” in ¶[0053]); and the host comprises a processor configured to execute program instructions that enable determination of whether the host is in an open state or a closed state based on a detection signal of the first magnetic field sensor (“the cover opening detecting device detects the cover opening state and sends the signal to the processor” in ¶[0011]),
An ordinary skilled in the art would be motivated to modify the invention of Xie as modified by He with the teachings of Xu for the benefit of saving battery resources of the device,
Therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Xie as modified by He with XU.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (CN109892756 A) hereinafter Xie in view of He et al. (CN 113303569 A) hereinafter He and further in view of Xu et al. (CN 213694059 U) hereinafter Xu and further in view of McIntosh et al. (US 20200107099 A1) hereinafter McIntosh.
Regarding claim 3, Xie as modified by He teaches the device of claim 1, Xie as modified by He does not specifically disclose the device further comprising wherein the first host attachment magnet is a Halbach array, the first host attachment magnet comprises two connected single magnets and magnetic field directions of the two single magnets are different; and the earphone magnet comprises one single Halbach array magnet having two different magnetic field directions however,
Since it is known in the art as evidenced by Xu for a device to further comprise wherein the first host attachment magnet is a Halbach array (see rejection of claim 2 above),
An ordinary skilled in the art would be motivated to modify the invention of Xie as modified by He with the teachings of Xu for the benefit of improving efficiency of the device,
Therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Xie as modified by He with Xu, Xie as modified by He and Xu does not specifically disclose the first host attachment magnet comprises two connected single magnets and magnetic field directions of the two single magnets are different; and the earphone magnet comprises one single Halbach array magnet having two different magnetic field directions however,
Since it is known in the art as evidenced by McIntosh for a device to further comprise the first host attachment magnet comprises two connected single magnets and magnetic field directions of the two single magnets are different; and the earphone magnet comprises one single Halbach array magnet having two different magnetic field directions (See Fig. 24A and “The case can include a magnet array formed of a set of magnets laterally positioned with respect to one another. Each magnet can have a specific magnetic polarity that is positioned in a distinct direction to focus the magnetic force at a retention slab in the wireless listening device to generate high attractive forces in a small footprint” in ¶[0075]),
An ordinary skilled in the art would be motivated to modify the invention of Xie as modified by He and Xu with the teachings of McIntosh for the benefit of improving the accuracy of the device (“generate high attractive forces in a small footprint” in ¶[0075]),
Therefore it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Xie as modified by He and Xu with McIntosh.
Allowable Subject Matter
Claims 4-8, 10-18, 20, 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMMAR T HAMID whose telephone number is (571)272-1953. The examiner can normally be reached M-F 9-5, Eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571) 272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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AMMAR T. HAMID
Primary Examiner
Art Unit 2695
/AMMAR T HAMID/ Primary Examiner, Art Unit 2695