RESPONSE TO AMENDMENT
This communication is responsive to the amendment filed 12-January-2026 with respect to application 18/744,056 filed 14-June-2024.
Applicant has amended claim 1.
Claims 1-4 are currently pending.
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 §103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 are rejected under 35 USC §103 as unpatentable over Flynn (United States Patent # US 6,125,081) in view of Swafford, Jr. (United States Patent Application Publication # US 2021/0008434 A1), and Thompson et al. (United States Patent Application Publication # US 2016/0162832 A1), hereinafter Thompson.
Consider claim 1: A wearable counter device, Flynn discloses a golfer’s wristwatch with score keeping capabilities [Title; Abstract; Fig. 1-4; Col. 1, 6-10; Col. 1, 58 to Col. 2, 42; Claim 1], comprising:
at least one of a strap and band to fit around a user’s wrist; a wrist band (18) comprising a first strap (56) and second strap (58) [Fig. 1, 4; Col. 4, 38-44; Col. 5, 64 to Col. 5, 9]; and
a housing disposed on the at least one of the strap and the band, a watch case (housing) comprising a front face (22) and rear portion (23), attached to the strap [Fig. 1, 4; Col. 4, 38-54]; the housing comprising:
a face disposed on a front portion of the housing, the front face portion (22) [Fig. 1, 4; Col. 4, 38-54];
a counter display unit disposed on at least a portion of the face to display numbers thereupon, a liquid crystal display window (14) positioned on the lower portion of the front face, and which discloses a stroke count (cumulative score) for one of a plurality of players [Fig. 1-2; Col. 4, 38-44; Col. 5, 28-50]; and
a clicking button disposed on at least a portion of the housing to increment the numbers displayed on the counter display unit in response to the clicking button being pressed; a stroke count button (16), also positioned on the lower portion of the front face, and whereby each depression of the button causes an increment of the displayed player’s score [Fig, 1-2; Col. 5, 51-63];
wherein if the clicking button is held down for a period of at least 3 seconds, the counter display unit resets to zero (0).
Flynn does not disclose: (a) a clicking, or sound with respect to a depression of the stroke count button, or (b) holding a button continually for at least 3 seconds to cause a reset, but the generation of such tactile and/or audible feedback, and issuing a reset with a dual use button by continuously pressing the button for a predetermined period of time, are well known in analogous prior art, and for example:
Swafford discloses a personal electronic sports scoring device with graphic display, and which may be worn on a user’s wrist [Title; Abstract; Fig. 1-5; Para. 0002, 0010-0012]. Swafford specifically discloses: “….a plurality of pushbuttons with a positive ‘click’ surrounding the screen and contained in the housing ….. whereas one or more buttons used for this purpose require an intentional press and ‘click’, possibly with audio or haptic feedback, reducing the possibility for unintentional data input.” [Para. 0060].
Thompson discloses systems and methods for managing information associated with storage containers, particularly with respect to time to expiration of food contents [Title; Abstract; Fig. 2, 3A; 0006-0008] specifically that a timer reset function may be implemented in embodiments by depressing a timer set button (232) or and reset button (234) for a predetermined length of time (exemplary 3 seconds) to reset a time to zero [Para. 0036].
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of effective filing for the invention. to configure buttons which provide a “click” when depressed, as taught by Swafford, and to perform a reset by continually pressing a button (reset button or other button) for a predetermined period of time (such as an exemplary 3 seconds) as taught by Thompson, to a wearable counter device as taught by Flynn, in order to reduce the possibility of unintentional input, and to allow a single button to perform multiple functions.
Consider claim 2 and as applied to claim 1: The wearable counter device of claim 1, wherein the clicking button produces an audible clicking noise in response to the clicking button being pressed. Swafford specifically discloses: “….one or more buttons used for this purpose require an intentional press and ‘click’, possibly with audio or haptic feedback, reducing the possibility for unintentional data input.” [Para. 0060].
Consider claim 3 and as applied to claim 1: The wearable counter device of claim 1, further comprising:
a time display unit disposed on at least a portion of the face to display a time. Flynn discloses embodiments in which time is displayed on an upper portion of the front face [Fig. 2, 5; Col. 4, 55 to Col. 5, 7].
Consider claim 4 and as applied to claim 1: The wearable counter device of claim 1, wherein the counter display unit is an electronic digital display unit. Flynn discloses an embodiment in which time is displayed on an upper portion of the front face in digital format [Fig. 2; Col. 5, 1-7].
Response to Arguments
Applicant’s arguments filed on 12-January-2026 have been carefully and fully considered by the Examiner, and responses are provided as follow:
Consider Applicant’s remarks with respect to an objection of claim 1 [Remarks: page 3]: Applicant’s amendment of the claim obviates the objection and the objection has been withdrawn.
Consider Applicant’s remarks with respect to rejection of claims 1-4 under 35 USC §103 over Flynn (US 6,125,081) and Swafford (US 2021/0008434 A1) [Remarks: page 3-4]:
Regarding independent claim 1: Argument presented is that Flynn and Swafford fail to teach a limitation “if the clicking button is held down for a period of at least 3 seconds, the counter display unit resets to zero” as recited in the amended claim. This argument is rendered moot by a new rejection of the claim under 35 USC §103 over Flynn, Swafford, and Thompson (US 2016/0162832 A1), and where Thompson teaches this feature.
Regarding claims 2-4: No separate or additional arguments have been presented with respect to these claims, and allowability asserted based on the alleged allowability of base claim 1 from which they depend. These claims are now also rejected 35 USC §103 over Flynn, Swafford, and Thompson, based on the new rejection of the base claim, and on the particular citations and analysis presented for each in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Houle (U.S. Patent Application Publication # US 2005/0052275 A1) disclosing a method of controlling movement on the inside and around the outside of a facility.
Albright et al. (U.S. Patent Application Publication # US 2007/0297291 A1) disclosing a maintenance panel for a generator.
Thompson et al. (U.S. Patent Application Publication # US 2016/0162832 A1) disclosing systems and methods for managing information associated with storage containers.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685