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 status
This action is in response to applicant filed on 07/12/2024. Claims 1-20 are pending for examination.
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.
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, 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ralph (US 2019/0045296) in view of Grom (US 2019/0147711) and further in view of Hu (US D978,006)
Regarding claim 1: Ralph disclose a wristband device for enhanced audience engagement at live events, wherein the wristband device comprises:
a plurality of LEDs for providing light emission (¶0038: at least one RGB LED);
a central dial unit (500) incorporating a haptic motor with variable speed control for providing vibrational feedback (¶0038) ,
a control unit for managing lighting patterns and colors of the plurality of LEDs and a level of intensity of the vibration of the haptic motor (¶0038-0039), wherein the band comprising the plurality of LEDs passes through the central dial unit (Fig. 1-7: Notice band going thorough and around the bode of central dial unit item 500), and
an RFID-based chip for data collection and communication with event management systems (¶0038); and
a flexible strap unit comprising a first strap and a second strap, respectively connected to opposite end portions of the central dial unit (Fig. 1, strap 530),
Ralph does not explicitly disclose a plurality of LEDs distributed around a band.
In analogous art regarding armbands, Grom disclose a plurality of LEDs (102) distributed around a band (Fig. 2F, ¶0071).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a plurality of LEDs distributed around a band, as disclose by Grom, to the band of Ralph. The motivations is to provide a more 3 dimensional visual light feedback for a more immersive experience.
The combination of Ralph and Grom does not explicitly disclose wherein the first strap is equipped with multiple evenly spaced holes for adjustable fitting, and the second strap comprises a clasp that engages with the holes of the first strap for securing the device on the wrist.
In analogous art regarding armbands, Hu disclose wherein the first strap is equipped with multiple evenly spaced holes for adjustable fitting, and the second strap comprises a clasp that engages with the holes of the first strap for securing the device on the wrist.(Fig. 1-7)
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of wherein the first strap is equipped with multiple evenly spaced holes for adjustable fitting, and the second strap comprises a clasp that engages with the holes of the first strap for securing the device on the wrist since having a limited universe of potential options (securing the band), the selection of any particular option (multiple holes with a clasp to engage the holes) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPO 224 (COPA 1969). Since either option would provide the same predictable result of (securing the band to the user), either option would have been obvious to one of ordinary skill.
Regarding claim 8: The combination of Ralph, Grom and Hu disclose the wristband device of claim 1, wherein the wristband comprises a push-button for manual activation, wherein the push button enables the user to control functions of the wristband device directly (Ralph: Fig. 1, ¶0039).
Regarding claim 9: The combination of Ralph, Grom and Hu disclose the wristband device of claim 1, wherein the wristband device comprises an integrated rechargeable battery chargeable via a USB port. (Ralph: Fig. 7, ¶0049).
Allowable Subject Matter
Claims 10-20 are allowed.
Claims 2-7 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
The prior art made of record cited in the PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR CASILLASHERNANDEZ whose telephone number is (571)270-5432. The examiner can normally be reached Monday-Friday, 8:30AM-4:30PM.
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, Davetta Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OMAR CASILLASHERNANDEZ/Primary Examiner, Art Unit 2689