DETAILED ACTION
This action is pursuant to the claims filed on June 11, 2024. Claims 1-16 are pending. A first action on the merits of claims 1-16 is as follows.
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 . 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 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kim et al. (hereinafter ‘Kim’, U.S. PGPub. No. 2023/0032169).
In regards to independent claim 1, Kim discloses a detection device (an electronic device 200 in Fig. 2) comprising:
a main body case where at least part of a main surface has an opening (the device 400 comprises structure 410, wheel key 420, a front plate 201, a rear cover 510 and a rear plate 493 in Fig. 6A comprising an opening to receive the printed circuit board 520, [0056]), wherein the main body case has a lower windshield member (external electrodes 553 and 554));
a board provided in the main body case (printed circuit board 520 is provided in the opening formed by the rear plate 493 in Fig. 6A, [0064]);
a first detection portion provided is provided under the board in the main body case and configured to detect biological information of a user (a biological signal detector 540 comprising light emitter 541 and light receiver 543 as shown in Fig. 6A, [0068]; the two elements 541 and 543 are disposed between the lower surface of the board 520 and the upper surface of the window 510);
a window portion provided under the first detection portion and in the opening of the main body case (the rear cover 510 and a heat insulating member 630 (shown in Figs. 7A and 7B) including an adhesive member is under the biological signal detector 540 in Fig. 6A; the heat insulating member 630 and the adhesive member is received by the opening defined by the rear plate 493 so as to attach the rear portion of the board 520 with the cover 510, [0103]-[0104]); and
a second detection portion provided between the board and the window portion and configured to detect, through the window portion, whether or not the detection device is in contact with or close to a skin of the user (internal electrodes 551 and 552 in Fig. 6A, [0064]: internal electrodes 551 and 552 under the second printed circuit board 520 and above the cover 510; (the internal electrodes 551 and 552 are configured to sense the body’s temperature via the passages 555 formed within the rear cover 510, each comprising a conductive material to allow thermal conduction between the internal electrodes 551 and 552 and the external electrodes 553 and 554, [0078]), wherein the second detection portion (internal electrodes 551 & 552 in Fig. 6B) faces the window portion (the examiner notes that a structure facing another structure is a broad recitation; the lower surface of each the internal electrodes 551 and 552 faces the upper surface of the rear cover 510; the lateral surface of the internal electrode that abuts the heat insulating member 630 faces the heat insulating member 630 (shown in Fig. 7A and 7B)) and does not face the lower windshield member (the upper surface of the internal electrodes 551 and 552 do not face the external electrodes 553 & 554).
In regards to claim 2, Kim discloses wherein the lower windshield member is provided in a lower part of the main body case and has the main surface that opposes the skin of the user ([0056]: the external electrodes 553 & 554 are metals), and wherein the lower windshield member is made of a metal (the external electrodes 553 & 554 are metals).
In regards to claim 3, Kim discloses wherein the second detection portion is provided on an undersurface of the board (the internal electrodes 551 and 552 is provided under the bottom surface of the board 520 as shown in Fig. 6A).
In regards to claim 4, Kim further discloses wherein the second detection portion is provided to a side of the first detection portion (the internal electrodes 551 and 552 are provided laterally to the biological signal detector 540 comprising light emitter 541 and light receiver 543 as shown in Fig. 6A).
In regards to claim 5, Kim further discloses wherein the second detection portion surrounds the circumference of the first detection portion (the internal electrodes 551 and 552 circumferentially surrounds the biological signal detector 540 as shown in Fig. 6A).
In regards to claim 6, Kim further discloses wherein the first detection portion has an upper part which the board is in contact (the biological signal detector 540 comprising a light emitter 541, light receiver 543, and light sealing member 590 are in direct contact with the board 520 as shown in Fig. 6A ), and a lower part with which the window portion is in contact (the light sealing member 590 is in contact with the upper surface of the cover 510 as shown in Fig. 6A).
In regards to claim 7, Kim further discloses wherein an insulative spacing member (the light sealing member 590 in Fig. 6A) is arranged between the lower windshield member and the board (the member 590 is disposed between the electrodes 553 & 554 and the board 520), wherein the insulative spacing member has an insertion hole in which the first detection portion is arranged corresponding to the window portion (the member 590 circumferentially surrounds the light emitter 541 and therefore, the emitter 541 is arranged in an insertion hole defined by the member 590 and adjacent to the cover 510).
In regards to claim 8, Kim further discloses wherein the second detection portion is provided on the upper surface of the window portion (the internal electrodes 551 and 552 is provided above the cover 510).
In regards to claim 9, Kim further discloses wherein the second detection portion surrounds a circumference of the first detection portion in a planar view from below the main body case (the internal electrodes 551 and 552 surrounds the biological signal detector 540 as shown in Fig. 6A).
In regards to claim 10, Kim further discloses a connection member which electrically connects one side of the board with the second detection portion (an electrical contact 560 which connects the internal electrodes 551 and 552 to the board 520).
In regards to claim 11, Kim further discloses wherein an insulative spacing member (magnet 581 is a ring shape where the biological signal detector 540 is disposed in, [0068]) is arranged between the lower windshield member and the board (the magnet 581 is disposed between the electrodes 553 & 554 and the board 520), wherein the insulative spacing member has an insertion hole in which the first detection portion is arranged corresponding to the window portion (the magnet 581 is disposed between the electrodes 553 & 554 and the board 520).
In regards to claim 12, Kim further discloses wherein the first detection portion is a pulse sensor which has a light emitting portion and a light receiving portion, and detects a pulse (the biological signal detector 540 comprising a light emitter 541 and light receiver 543; [0052]: a biometric sensor, such as a heart-rate monitor “HRM” sensor)
In regards to claim 13, Kim further discloses wherein the second detection portion is an electrostatic capacity sensor which detects an electrostatic capacity change that occurs by the detection device comping in contact with or approaching the skin of the user ([0064]: internal electrodes 551 and 552, provided for detecting a user's second biological signal; given that no processor has been claimed, the broadly claimed internal electrodes are capable of detecting electrostatic capacity).
In regards to claim 14, Kim further discloses wherein the second detection portion is formed of a metal (internal electrodes 551 and 552, provided for detecting a user's second biological signal).
In regards to claim 15, Kim further discloses wherein the window portion (cover 520), the first detection portion (the biological signal detector 540 comprising a light emitter 541 and light receiver 543) and the second detection portion (internal electrodes 551 and 552) oppose the skin of the user when the detection device is used by the user (the cover 520 and the electrodes 551, 552 and the detector 540 opposes or faces the skin of the user during use as a watch, [0088]).
In regards to claim 16, Kim further discloses a timepiece ([0088]: an electronic device 400 is a wrist-watch-type electronic device 400) comprising the detection device according to claim 1 (see the rejection of claim 1 above).
Response to Arguments
Applicant's arguments filed September 3, 2026 have been fully considered but they are not persuasive.
Applicant argues that Kim (U.S. PGPub. No. 2023/0032169) does not disclose the newly added limitation reciting in part, “wherein the second detection portion faces the window portion and does not face the lower windshield member” as required in independent claim 1. However, the examiner notes that the limitation which recites “a structure facing another structure” is broad and does not require the entirety of one structure to face the entirety of the other structure. Rather, the limitation is satisfied as long as a particular surface of the structure faces a particular surface of the other structure. As mapped in the Office action above, Kim discloses that the second detection portion (internal electrodes 551 & 552 in Fig. 6B) faces the window portion (the lower surface of each internal electrodes 551 and 552 faces the upper surface of the rear cover 510 and the lateral surface of each internal electrode abutting the heat insulating member 630 faces the heat insulating member 630 (shown in Fig. 7A and 7B)) and the second detection portion does not face the lower windshield member (the upper surface of the internal electrodes 551 and 552 do not face the external electrodes 553 & 554). It is advised to specify which particular surfaces of the structures face one another in order to distinguish the claimed arrangement from the prior art.
Applicant further argues that “a second detection portion… is configured to detect through the window portion”. However, the Examiner respectfully disagrees. The second detection portion (the internal electrodes 551 and 552) are configured to sense the body’s temperature via the passages (555) formed within the window portion (two passages within the rear cover 510) each comprising a conductive material to allow thermal conduction between the internal electrodes (551 and 552) and the external electrodes (553 and 554) as explained in paragraph [0078]). The Applicant is advised to specify a particular arrangement that allows for the section detection portion to detect through the window portion to distinguish from the prior art.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNHWA KIM whose telephone number is (571)270-1265. The examiner can normally be reached 9AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSEPH STOKLOSA can be reached at (571) 272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EUN HWA KIM/Primary Examiner, Art Unit 3794 10/1/2026
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