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 § 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 13 and 23 are 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “substantially transparent” in claims 13 and 23 is used by the claim to mean “substantially translucent,” while the accepted meaning is “an object or material that allows light to pass through” and therefore cannot be modified to “substantially” let light through as it is either transparent or not. The term is indefinite because the specification does not clearly redefine the term.
Allowable Subject Matter
Claims 1, 2, 4-12, 14, 15, 21, 22, 24, 25 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art does not disclose nor suggest a finger-worn wearable device with the particularly claimed structure including a first and second photovoltaic cell wherein the first cell is arranged at a first radial position within or beneath the outer curved surface of the housing and the second cell is arranged at a second radial position within or beneath the outer curved surface of the housing.
The closet prior art to Mastandrea (US 20130027341) discloses a finger-worn wearable device but fails to disclose the specific structural limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS R HUNNINGS whose telephone number is (571)272-3118. The examiner can normally be reached M: 6-7:30a, 9:30a-4:45p, 8:30-10p; T: 6-7:30a, 12-4p, 7:30p-12a; W: 6-7:30a, 9:30a-4:45p; H: 6-7:30a, 8:15a-4:45p; F: 12:00-4:45p.
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689
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