DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the housing overhanging an opening of the port of claim 4 and claim 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 17-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the housing overhangs an opening of the port" in line 1 of the claim. It is unclear from the specifications and drawings how the housing overhangs the opening to the port specifically since the specifications point to fig. 16 which does not specifically show any element overhanging another. These limitations will be interpreted as best understood by the examiner as in a part of the housing covers a portion of the opening of the port.
Claim 17 recites the limitation "the housing overhands the opening" in line 12 of the claim. It is unclear from the specifications and drawings how the housing overhangs the opening to the port specifically since the specifications point to fig. 16 which does not specifically show any element overhanging another. These limitations will be interpreted as best understood by the examiner as in a part of the housing covers a portion of the opening of the port.
Claim 17 recites the limitation "the opening" in line 12 of the claim. It is unclear to the examiner which element this is referring to in the claim as this could be referring to the previously claimed “an opening to the port” or this could be a new opening being introduced to the claim. Appropriate clarification or correction is required.
Claims 18-20 are all dependent upon claim 17 and are rejected under 35 U.S.C. 112 (b) for the same reasons claim 17 as they encompass all limitations thereof.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang (2020/0073338).
Regarding Claim 1: Liang teaches an electronic device, comprising: a housing (601) defining an internal volume (604) and having a thickness (fig. 6a); a pressure sensor disposed in the internal volume (paragraph [0097]); a display assembly coupled to the housing (paragraph [0015]), the display assembly including a transparent cover (602 and paragraph [0015]) defining an external surface (fig. 6a), the transparent cover separated from the housing to define an open cavity (right portion of 611 that connects with 610) in fluid communication with an external environment (fig. 6a); and a port (610) defined by the housing (fig. 6a) and extending within the thickness (fig. 6a), the port extending from the cavity to the pressure sensor (fig. 6a).
Regarding Claim 2: Liang teaches wherein: the transparent cover is separated from the housing to define a gap (left side of 611); and the cavity is in fluid communication with the external environment through the gap (fig. 6a).
Regarding Claim 3: Liang teaches wherein the gap is defined around an outer perimeter of the transparent cover and the housing (fig. 6c and paragraph [0101]).
Regarding Claim 4: Liang teaches wherein the housing overhangs an opening of the port defined by the housing in the cavity (fig. 6a) such that the opening is at least partially hidden from view through the gap from outside the cavity (fig. 6a).
Regarding Claim 5: Liang teaches wherein an opening of the port (opening portion of the port in fig. 6a) defined by the housing in the cavity is misaligned relative to the gap (fig. 6a) such that the opening is hidden from view through the gap from outside the cavity (fig. 6a).
Regarding Claim 6: Liang teaches wherein the cavity is defined around a perimeter of the transparent cover (fig. 6c and paragraph [0101]).
Regarding Claim 7: Liang teaches wherein the pressure sensor is coupled to the housing (fig. 2a and paragraph [0097]) such that a sensor volume is defined between the pressure sensor and the housing (fig. 2a and paragraph [0097]).
Regarding Claim 8: Liang teaches wherein the port extends from the cavity to the sensor volume (fig. 6a).
Regarding Claim 9: Liang teaches wherein the port includes a diameter less than about 700 microns (paragraph [0063] showing the diameters of the capillary passages).
Regarding Claim 10: Liang teaches an electronic device, comprising: a housing (601) defining an internal volume (604); a display assembly coupled to the housing (paragraph [0015]), the display assembly including a transparent cover (602 and paragraph [0015]) defining an external surface (fig. 6a), the transparent cover separated from the housing (fig. 6a) by a gap (left side of 611 in fig. 6a) to define an open cavity (right side of 611 in fig. 6a) in fluid communication with an external environment through the gap (fig. 6a); a rear cover (606) coupled to the housing opposite the display assembly (fig. 6a); and a port (610) defined by the housing and extending within a thickness of the housing (fig. 6a), the port extending from the cavity to the internal volume (fig. 6a).
Regarding Claim 11: Liang teaches wherein the housing defines a band receiving feature (cutout portion on left side of housing in fig. 6a and shown receiving a band 104 in fig. 1b) configured to receive a securement band (104) for securing the electronic device to a user (paragraph [0037]).
Regarding Claim 12: Liang teaches wherein the securement band is configured to couple to the housing at the band receiving feature (fig. 1b) and secure the rear cover against a body of the user (fig. 1b and paragraph [0037]).
Regarding Claim 14: Liang teaches further comprising a sensor disposed in the internal volume (paragraph [0097]) and in fluid communication with the cavity through the port (fig. 6a).
Regarding Claim 15: Liang teaches wherein the sensor comprises a pressure sensor (paragraph [0097]).
Regarding Claim 16: Liang teaches wherein the gap extends around a perimeter edge of the transparent cover (paragraph [0101]).
Regarding Claim 17: Liang teaches an electronic display device, comprising: a housing (601) defining an internal volume (604); a sensor (paragraph [0097]) disposed in the internal volume (fig. 6a); a display assembly coupled to the housing (paragraph [0015]), the display assembly including a transparent cover (602 and paragraph [0015]) separated from the housing to define a gap (fig. 6a); and a port (610) defined by the housing and extending through the housing (fig. 6a) such that the sensor is in fluid communication with an external environment through the port and the gap (fig. 6a); wherein: an opening to the port (fig. 6a) defined by the housing includes a diameter less than about 700 microns (paragraph [0063]); and the housing overhangs the opening to obscure a view of the opening through the gap (fig. 6a).
Regarding Claim 18: Liang teaches wherein: the housing and the transparent cover define a cavity (right side of 611 in fig. 6a) in fluid communication with the external environment through the gap (fig. 6a); the cavity and the gap extend around a perimeter of the transparent cover (paragraph [0101]); and the sensor comprises a pressure sensor (paragraph [0097]).
Regarding Claim 19: Liang teaches wherein the diameter is less than about 500 microns (paragraph [0063]).
Regarding Claim 20: Liang teaches further comprising a rear cover (606) coupled to the housing opposite the display assembly (fig. 6a), the rear cover configured to press against a body of a user when donning the electronic display device (fig. 1b and paragraph [0037]).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang (2020/0073338).
Regarding Claim 13: Liang teaches the port is a first port (figs. 6a); and the housing defines a second port (608) extending through a thickness of the housing (figs. 6a) from the internal volume (figs. 6a) but lacks a specific teaching in the embodiment of fig. 6a of the port extending to the band receiving feature.
Liang does teach in the embodiment shown in fig. 5b a port (515) extending through a thickness of the housing (fig. 5b) from the internal volume (504) to the band receiving feature (522).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to modify the apparatus of Liang by having the port extending to the band receiving feature as disclosed by the embodiment of fig. 5b as this would simply be combining two already known embodiments of the apparatus solving the same problem in order to allow for more hidden features of the invention which in turn makes the apparatus more appealing visually to the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited in the notice of references PTO-892 but not relied upon above are related as they include multiple types of wearable electronic device housings and the internal components relating to sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY MICHAEL HAUGHTON whose telephone number is (571)272-9087. The examiner can normally be reached M-F 9a-5p.
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, Imani Hayman can be reached at 571-270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY M HAUGHTON/Primary Examiner, Art Unit 2841
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