DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claim 1 is pending on this application. Claim 1 is in independent forms.
Priority
3. No foreign priority is claimed.
Information Disclosure Statement
4. The information disclosure statements (IDS's) submitted on 09/08/2025 is in compliance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
5. The drawings filed on 08/05/2024 are accepted by the examiner.
Double Patenting
6. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
7. Claim 1 is rejected based on statuary type double patenting of the “same invention” type claim 1 of U.S. Patent 11,843,951 B2. The subject matter claimed in the instant application is fully disclosed in the referenced U.S. Patent, as follows in Table below.
Instant Application 18/794,644
U.S. Patent 11,843,951 B2
Claim 1: A wearable electronic necklace
accessory comprising:
a support structure that permits the wearable electronic necklace accessory to be worn in or around a user's neck region;
an electronic pendant coupled to the support structure, the electronic pendant comprising a housing that includes a first wall, a second wall, and one or more side walls configured to couple the first wall to the second wall;
a display device coupled to the first wall, the display device configured to display electronic media;
an audio device positioned within the pendant housing and configured to output audio content;
a communication device configured to communicate with one or more electronic
devices;
a storage device configured to store a device application; and
a processor positioned within the pendant housing and coupled to the storage device and the communication device, wherein execution of the device application causes the processor to:
pair, via the communication device, the
wearable electronic necklace accessory with
an electronic device via a synchronization
procedure;
receive, via the communication device, an electronic media stack from the electronic device, wherein the electronic media stack comprises a data structure that packages multiple types of electronic media for transmission to the wearable electronic necklace accessory and at least a portion of
the electronic media is compressed to a
format that is compatible with the display
device; and
output, via the display device and the audio device, the electronic media included with the electronic media stack;
wherein the synchronization procedure
between the wearable electronic necklace
accessory and the electronic device
comprises:
authenticating the wearable electronic necklace accessory with a unique identifier;
establishing a connection between the wearable electronic necklace accessory and the electronic device;
transmitting a status request from the electronic device to the wearable electronic necklace accessory;
receiving a response signal from the
wearable electronic necklace accessory
indicating the wearable electronic accessory
is ready to receive the media stack;
prior to transmitting the media stack from the electronic device to the wearable electronic necklace accessory, compressing the portion of the electronic media to be compatible with an aspect ratio of the display device included on the wearable electronic necklace accessory; and
after transmitting the media stack from the electronic device to the wearable electronic necklace accessory, sending a verification response from the wearable electronic necklace accessory to the electronic device indicating whether or not the media stack was successfully transferred to the wearable electronic necklace accessory.
Claim 1: A wearable electronic necklace
accessory comprising:
a support structure that permits the wearable electronic necklace accessory to be worn in or around a user's neck region;
an electronic pendant coupled to the support structure, the electronic pendant comprising a housing that includes a first wall, a second wall, and one or more side walls configured to couple the first wall to the second wall;
a display device coupled to the first wall, the display device configured to display electronic media;
an audio device positioned within the pendant housing and configured to output audio content;
a communication device configured to communicate with one or more electronic
devices;
a storage device configured to store a device application; and
a processor positioned within the pendant housing and coupled to the storage device and the communication device, wherein execution of the device application causes the processor to:
pair, via the communication device, the
wearable electronic necklace accessory with
an electronic device via a synchronization
procedure;
receive, via the communication device, an electronic media stack from the electronic device, wherein the electronic media stack comprises a data structure that packages multiple types of electronic media for transmission to the wearable electronic
necklace accessory and at least a portion of
the electronic media is compressed to a
format that is compatible with the display
device; and
output, via the display device and the audio device, the electronic media included with the electronic media stack;
wherein the synchronization procedure
between the wearable electronic necklace
accessory and the electronic device
comprises:
authenticating the wearable electronic necklace accessory with a unique identifier;
establishing a connection between the wearable electronic necklace accessory and the electronic device;
transmitting a status request from the electronic device to the wearable electronic necklace accessory;
receiving a response signal from the
wearable electronic necklace accessory
indicating the wearable electronic accessory
is ready to receive the media stack;
prior to transmitting the media stack from the electronic device to the wearable electronic necklace accessory, compressing the portion of the electronic media to be compatible with an aspect ratio of the display device included on the wearable electronic necklace accessory; and
after transmitting the media stack from the electronic device to the wearable electronic necklace accessory, sending a verification response from the wearable electronic necklace accessory to the electronic device indicating whether or not the media stack was successfully transferred to the wearable electronic necklace accessory.
8. This is a statutory type double patenting rejection because the conflicting claims are the "same invention".
9. The pertinent prior art made of record but not relied upon in the rejections:
A. US 20160373870 A1
B. US 20150199566 A1
C. US 20170318137 A1
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL AMBAYE whose telephone number is (571)270-7635. The examiner can normally be reached M-F 9:00 AM - 6:00 PM.
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, Jeffrey Pwu can be reached at (571) 272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL AMBAYE/Examiner, Art Unit 2433
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