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 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.
Claim(s) 1-6,13,15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2016/0342176) in view of Zuo (US 2020/0209924).
As to Claim 1, Han et al. discloses A wearable apparatus comprising: a control device comprising a housing (fig.2-3, body 100; para.0068), a control motherboard (fig.2-3, circuit board 13, controller 18; para.0080), and a telescoping mechanism, the control motherboard and the telescoping mechanism being disposed in the housing (fig.2-3, circuit board 13, controller 18; para.0080), and the telescoping mechanism being communicatively connected to the control motherboard; and
a wristband device comprising a wristband (fig.2-3, band 200; para.0070) and a sensor (fig.2-3, sensing unit 14; para.0058), the wristband comprising an inner side and an outer side facing away from each other (fig.2-3, inner and outer surface of band 200),
the inner side being configured to face a part of a wearer for wearing the wearable apparatus (fig.2-3, inner surface faces user’s wrist) , the outer side being configured to display (fig.2-3, display 15a; para.0059), and
the sensor being disposed on the inner side of the wristband, communicatively connected to the control motherboard, and configured to collect wearing information of the wearer for transmitting the wearing information to the control motherboard (para.0058- sensing unit 14 may be a heath care sensor, biometric sensor and the wearable device may utilize information obtained from the sensor 14, and in particular, from one or more sensors of the sensing unit 14; para.0080),
wherein one end of the wristband is connected to the control motherboard so that the control motherboard controls the wristband to display (fig.2-3- components 11-19 {including display 15, sensing unit 14} may be directly installed on the circuit board 13 to be controlled by controller 18, para.0080) , and the other end of the wristband is connected to the telescoping mechanism; and
the wearable apparatus further comprises a driving mechanism (fig.8, elastic member 325; para.0106) and a cover plate (fig.8, lock 320),
wherein the housing is provided with an aperture for the wristband to pass through (fig.2-3,5-6,8; para.0075- he case 110 can have a seat 110b including a flange configured to extend inside the opening 110a and the display unit 15a can be disposed on the seat 110b; para.0107-the housing 330, as shown in FIG. 5, can include an opening 331a in which the first latch 310 is inserted; para.0108- if the withdrawn first latch 310 is inserted into the housing 330 again, the first latch 310 engages with the lock member 320 by the insertion of the protrusion 324 into the recess 311. Hence, the band 200 can be coupled with the body 100),
the cover plate is disposed at the aperture and is movably connected to the housing (fig.8, para.0106-0108; lock 320 includes body 325 and is located at the recess 311 and moves in width direction), and the driving mechanism is connected to the control motherboard to drive the cover plate to move to enable the cover plate to open or close the aperture (fig.8, para.0106- the elastic member 325 can be restored after deformation, lock member 320 moves in width direction and is then able to return to a previous location).
Han et al. does not expressly disclose a telescoping mechanism, and the telescoping mechanism being communicatively connected to the control motherboard; the other end of the wristband is connected to the telescoping mechanism.
Zuo discloses a telescoping mechanism (fig.19-21, function module 100 may include carrier 16 and functional device 15 disposed on the carrier 16 may extend and retract from main body 11; para.0070, 0086,0097-0100, 0129), and the telescoping mechanism being communicatively connected to the control motherboard (fig.19-21,24-25; para.0102-0104; para.0124-0125, 0129-0130; the processor 182 may control a driving mechanism such as a third driving mechanism such as the functional device 15 to perform a telescopic movement, such as the processor 182 may control the third driving mechanism to drive the radiator 151, the receiver 152, the microphone 153, the camera module 156, the projection optical module 157, and the like perform telescopic movement).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device to modify the device of Han et al. with the teachings of Zuo, such that a functional device (as disclosed by Zuo) may be connected to one of end of band (of Han). The motivation being to improve diversity of electronic configurations.
As to Claim 2, Han et al. in view of Zuo disclose wherein the wristband is a flexible display screen (Han-para.0014,0077,0085,0088).
As to Claim 3, Han et al. in view of Zuo disclose wherein the housing comprises a first side and a second side facing away from each other (Han-fig.2-3, inner and outer surface of body 100), the first side being configured to face the part of the wearer for wearing the wearable apparatus (Han-fig.2-3, inner surface face the wrist of the user), and the wearable apparatus further comprises a splicing screen disposed on the second side (Han-fig.2-3, display unit 15; para.0075,0077-0078).
As to Claim 4, Han et al. in view of Zuo disclose wherein the second side is in a shape of an arc convexly curved in a direction away from the first side (Han-fig.2-3, outer surface of the body is arc shaped).
As to Claim 5, Han et al. in view of Zuo disclose wherein the housing comprises a first side and a second side facing away from each other (Han-fig.2-3, inner and outer surface of body 100), the first side being configured to face the part of the wearer for wearing the wearable apparatus (Han-fig.2-3, inner surface face the wrist of the user), and the second side being a transparent side (Han-fig.3, display unit 15 on outer side, includes window 15e may be formed of transparent material; para.0078)
As to Claim 6, Han et al. in view of Zuo disclose wherein a site where the wristband connects to the telescoping mechanism is a first connection position (Han- fig.2-3, area where connector 300 is located; Zuo-fig.19-21-function unit 100), a site where the wristband connects to the control motherboard is a second connection position (Han-fig.2-3, area where circuit board 13), and the first connection position and the second connection position are close to each other (Han-as depicted in fig.2-3).
As to Claim 13, Han et al. in view of Zuo disclose wherein the driving mechanism is a motor (Zuo-para.0069).
As to Claim 15, Han et al. in view of Zuo disclose wherein the wristband comprises a first end and a second end (Han-fig.2-3, first end where connector 300 is located; second end where connector 400 is located), and the control device comprises two telescoping mechanisms (Zuo-fig.19-21, may include multiple function units 100; para.0098). Han et al. in view of Zuo do not expressly disclose where the first end of the wristband is connected to one of the two telescoping mechanisms, and the second end of the wristband is sequentially connected to the other telescoping mechanism and the control motherboard. However, Han et al. discloses a first end and second end, and Zuo discloses multiple functional units may be used, and where the functional unit is connected to the processor and driving mechanism (Zuo-para.0122,0129-0131). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han et al. by connecting a functional unit (as disclosed by Zuo) to one end and a second function unit (as disclosed by Zuo) to the second end. The motivation being to improve diversity of electronic configurations.
Claim(s) 7-11, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2016/0342176) in view of Zuo (US 2020/0209924), further in view of Huitema et al. (US 2016/0327987).
As to Claim 7, Han et al. in view of Zuo disclose wherein the wristband comprises a first region and a second region, the first region being disposed on a side of the wristband opposite to the housing (Han-fig.2-3,14; first region (band 200) where battery 19a is located), the second region being disposed on two sides of the first region (Han-fig.2-3,14; second region where connectors 300 and 400 are located), the sensors being provided in the first region and the second region (Han-fig.2-3,14; sensing unit 14 located in the region where connector 300 or 400 is located; para.0094), and an arrangement density of the sensors in the first region is less than an arrangement density of the sensors in the second region.
Han et al. discloses where sensing unit 14 may be implemented using one or more sensors (para.0058) and where the sensing unit 14c may be disposed in one of the regions where connectors 300 and 400 (para.0094).
Han et al. in view of Zuo do not expressly disclose where sensors being located in the first region (region where battery 19 is located), and an arrangement density of the sensors in the first region is less than an arrangement density of the sensors in the second region.
Huitema et al. discloses a first region (fig.7, region where electronic module is located) and second region (fig.7, where magnets 24A/B and 22A/B are located) and an arrangement density of the sensors in the first region is less than an arrangement density of the sensors in the second region (fig.7, sensors 27 in second region is greater than arrangement of sensors 27 and/or 29 in first region). Huitema et al. further discloses where one or more sensors may be disposed at various points along the length of the and support (para.0074).
The re-arrangements of parts or shifting the position of one part to another would not have modified the operation of the device, therefore producing the same measurement results. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ7 (CCPA 1975)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify device disclosed by Han et al. in view of Zuo, by arranging more sensors in the second regions (where the connectors 300 and 400) are located than in the band region (where battery 19 is located), since in doing so would not have modified the operation of the device, yielding predictable results.
As to Claim 8, Han et al. in view of Zuo, as modified by Huitema et al. disclose wherein the sensors in the first region and the sensors in the second region are uniformly distributed (Huitema-fig.7, sensors 27 may be disposed at various points along the length of band support; para.0074); and a spacing between adjacent sensors in the first region is P1 (Huitema-fig.7, spacing between sensors 27 at center P1 (where electronic 19 is located)), a spacing between adjacent sensors in the second region is P2 (fig.7, spacing between adjacent sensors 27 at ends of band support P2), and P1 is greater than P2 (Huitema-fig.7, para.0074, any desired number of sensors 27 may be used and these sensors 27 may be spaced apart from one another any suitable distance along the length of the band support 16).
As to Claim 9, Han et al. in view of Zuo, as modified by Huitema disclose wherein in a direction from the first region toward the housing, the arrangement density of the sensors increases in the second region (Huitema-fig.7, arrangement of sensors 27 may increase in the second region (end region where magnets 24/22 are located; para.0074- any desired number of sensors 27 may be used and these sensors 27 may be spaced apart from one another any suitable distance along the length of the band support 16).
As to Claim 10, Han et al.in view of Zuo, as modified by Huitema et al. disclose wherein the sensors in the second region comprise force sensors and temperature sensors (Huitema-fig.7, pressure sensors 27), and a number of the temperature sensors is greater than a number of the force sensors in the second region (Huitema-para.0074, any desired number of sensors 27 may be used).
Han et al.in view of Zuo, as modified by Huitema et al do not expressly disclose where sensors in the second region comprise temperature sensors, and a number of the temperature sensors is greater than a number of the force sensors in the second region.
However, in a separate embodiment Huitema et al. discloses where sensors 68 may comprise temperature sensors and may be disposed on one or more locations along the band (fig.10, para.0088,0099).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han et al. in view of Zuo, as modified by Huitema, by implementing a plurality of temperature sensors in the second region (where magnets 24/22 are located) such that a number of temperature sensors is grater than number of pressure sensors. The motivation being to provide different types of sensors, including temperature sensors that may detect temperature of the skin the user when the device is being worn.
As to Claim 11, Han et al. in view of Zuo, as modified by Huitema, disclose wherein the housing comprises a first side and a second side facing away from each other, the first side being configured to face the part of the wearer for wearing the wearable apparatus, and sensors are provided on the first side (Huitema-fig.7,10; sensors 27 and 68 provided on inner surface (first side) of the band facing the wrist of the user; para.0074, 0099-0100).
As to Claim 14, Han et al. in view of Zuo do not expressly disclose wherein the driving mechanism comprises an electromagnet and a permanent magnet, the electromagnet being communicatively connected to the control motherboard and disposed on the cover plate, and the permanent magnet being disposed at an end of the aperture away from the cover plate.
Huitema et al. discloses where a band comprising magnetic members 24 and 22, where one may may be permanent magnet while the other may be formed of magnetically permeable material (para.0071; fig.7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han et al. in view of Zuo, with the teachings of Huitema et al., such that a magnetic member (of Huitema) may be connected to circuit board disposed on the lock (320 of Han), and a magnetic member disposed on the recess, so as to provide magnetic interaction between the magnets and allow the cover plate (lock) to move and engage with the latch to connect the band with the body.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2016/0342176) in view of Zuo (US 2020/0209924), further in view of An (US 2017/0071541).
As to Claim 16, has limitation similar to those of Claim 1 and are met by the references as set forth above (see claim 1). Claim 16, further recites the control method comprising: receiving wearing information obtained by the sensor (Han-para.0058- utilize information obtained from the sensing unit 14, and in particular, information obtained from one or more sensors of the sensing unit 14, and combinations thereof).
Han et al. in view of Zuo do not expressly disclose controlling the telescoping mechanism to work according to the wearing information to drive the wristband to extend or contract.
An et al. discloses a wearable display device, where a display unit may determine the length of the wearable display device based on the bio-signal transmitted from a sensor (fig.3-5; para.0046-0049,0063,0069).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Han et al. in view of Zuo, with the teachings of An, such that function module (of Zuo) extends or retract based on user’s bio-signal (as disclosed by An) and a length of the wearable device is adjusted based user’s bio signal. The motivation being to adjust the length of the wearable device based on user’s bio-signal, thereby allowing the user to feel a sense of stability and comfort while the user wears the wearable device.
As to Claim 17, Han et al. in view of Zuo, as modified by An disclose receiving key commands or voice commands (Zuo-para.0130-0131; An-para.0057-0058); and controlling the telescoping mechanism to work to drive the wristband to extend or contract (Zuo-para.0097, 0099,0125,0130-0131; An-fig.3, para.0057-0058).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,16 have been considered but are moot because the new ground of rejection applied as necessitated by amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 form.
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 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 DISMERY E. MERCEDES whose telephone number is (571)272-7558. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571-272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DISMERY MERCEDES/Primary Examiner, Art Unit 2627
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