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
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 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henderson et al (US Publication 2013/0226486).
Referring to Claim 1, Henderson et al teaches a ring-shaped computer device for wearing on the human body(e.g. Figures 1-6, Element 10), in particular on a finger, which computer device is configured to continuously collect vital parameters and/or biomarkers of a wearer and make them available to a connected device (e.g. Paragraphs [0041], [0043], [0075] and [0076] discloses monitoring an activity (such as sensor unit 146 having a heart rate sensor integrated into the housing of device 10 along with additional sensors) and convey athletic information to a wearer which is connectable to another device via USB or Bluetooth) comprises: a plurality of sensors for recording the vital parameters and/or biomarkers (e.g. Paragraph [0076] discloses the sensor assembly 146 comprises a plurality of different sensors); a printed circuit board for receiving the sensors and a data interface (e.g. Figures 14 and 15 Elements, 140 and Paragraph [0076] discloses a PCB member supporting sensor assembly 146 and Paragraph [0041] discloses data transmission); a processor (e.g. Paragraphs [0074] and [0075] discloses a controller); at least two battery modules for supplying power to the printed circuit board and the processor, which are connected together to form an overall battery (e.g. Figure 6,batteries 142 and Paragraph [0077] discloses the power supply 142 utilizes a pair of batteries 142. The first battery 142 is positioned in the first recessed compartment 50 of the spine member 22, and the second battery 142 is positioned in the second recessed compartment 52 of the spine member 22).
Referring to Claim 2, Henderson et al teaches the computer device according to claim 1, wherein the at least two battery modules are arranged in an interior of the computer device and are equally distributed over a circumference of the ring-shaped computer device, so that a centre of mass of the computer device is located in an imaginary circle centre, in particular on an axis of symmetry of the computer device (e.g. Figure 6).
Referring to Claim 3, Henderson et al teaches the computer device according to claim 1, wherein a weight distribution of the battery modules and all other installed components leads to an overall centre of gravity of the computer device, which lies in the immediate vicinity of at least one axis of symmetry of the device body, wherein the ring-shaped computer device forms a tube portion, and wherein the axis of symmetry is a longitudinal axis of the tube portion (e.g. Figure 6).
Referring to Claim 5, Henderson et al teaches the computer device according to claim 1, wherein each of the battery modules has a rectangular cross-section and is cuboidal (e.g. Figure 6, Element 142 and Figure 7A illustrates the battery compartments).
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(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson et al (US Publication 2013/0226486) in view of Zhang (WO 2018023885), cited in IDS dated 7/19/2024.
Referring to Claim 4, Henderson et al teaches the computer device according to claim 1, except wherein the overall battery comprises three battery modules and a sensor assembly, which are arranged equally distributed over a circumference.
Zhang teaches that it is known to use wherein the overall battery comprises three battery modules and a sensor assembly, which are arranged equally distributed over a circumference as set forth in Figure 2 to provide a more even distribution of weight to improve comfort for the wearer. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Henderson et al, with wherein the overall battery comprises three battery modules and a sensor assembly, which are arranged equally distributed over a circumference as taught by Zhang, since such a modification would provide the predictable results of a more even distribution of weight to improve comfort for the wearer.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson et al (US Publication 2013/0226486) in view of Elghazzawi et al (US Publication 2013/0053909).
Referring to Claim 6, Henderson et al teaches the computer device according to claim 1, except wherein each of the battery modules comprises a plurality of interconnected battery cells, wherein each of the battery cells is cuboidal and an extent in the circumferential direction is substantially less than a height in the radial direction. Elghazzawi et al teaches that it is known to use a medical device having a battery bank comprising a plurality of battery cells as set forth in Paragraph [0013] and [0014] to provide improved capacity and/or power to the battery bank which allows for longer life before the batteries need recharged or replaced. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the [system/method] as taught by Henderson et al, with a medical device having a battery bank comprising a plurality of battery cells as taught by Elghazzawi et al, since such a modification would provide the predictable results of improved capacity and/or power to the battery bank which allows for longer life before the batteries need recharged or replaced.
In addition, it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Henderson et al modified by Elghazzawi et al having a plurality of battery cells.
Conclusion
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/William J Levicky/Primary Examiner, Art Unit 3796
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