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 .
The following correspondence is a non-final Office Action for application # 19044281, entitled: METHOD AND ASSEMBLY FOR DISPLAYING AND SECURING A WEARABLE DEVICE AGAINST THEFT, filed on 02/03/2025. Claims 1-40 are pending.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-7, 10-13, and 19-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chapuis et al. (U.S. Pat. 11585125).
Regarding claim 1, Chapuis discloses in combination: a) a first wearable device 160 comprising a first case containing operating components (as seen in Fig. 24 below) and a first band 162 connected to the case and configured to extend at least partially around a limb of a user to maintain the first wearable device 160 operatively supported on the user's limb; and b) a security assembly 100 on which the first wearable device 160 can be displayed and confined in movement away from a main support 150, the security assembly 100 comprising a frame 106 on which the first case can be placed in a display position (as shown in Fig. 24), the security assembly 100 configured to be changeable between first and second states (see Figs. 17A & 17C), the security assembly 100 in the first state configured to allow the first case to be selectively moved: i) from a first position spaced from the frame 106 consistently into the display position; and ii) from the display position away from the frame 106, the security assembly 100 in the second state configured to prevent the first case in the display position from being separated from the security assembly 100.
Regarding claim 2, Chapuis discloses the combination, where the security assembly 100 comprises spaced first and second receptacles 102,104 into which spaced first and second parts of the first case project with the first case in the display position and the security assembly 100 in the second state.
Regarding claim 3, Chapuis discloses the combination, where with the security assembly 100 in the second state, the first and second receptacles 102,104 open towards each other (see Fig. 21).
Regarding claim 4, Chapuis discloses the combination, where the security assembly 100 comprises a holding part 116 that is movable between first and second positions, where one of the first and second receptacles 102,104 is defined at least partially on the holding part 116, the security assembly 100 changed from the first state into the second state as an incident of the holding part 116 moving from the first position into the second position.
Regarding claim 5, Chapuis discloses the combination, where the first receptacle 102 is defined at least partially by a first wall on the frame 106 (as seen in Fig. 3 below).
Regarding claim 6, Chapuis discloses the combination, where the second receptacle 104 is defined at least partially by a second wall 146 on the holding part 116 (as seen in Fig. 17A).
Regarding claim 7, Chapuis discloses the combination, where at least one of the first and second walls 146 has one opening in communication with a respective wall receptacle 102,104 through which a part of the first band 162 projecting away from the first case extends with the first case in the display position and the security assembly 100 in the second state (see Figs. 25-26).
Regarding claim 10, Chapuis discloses the combination, where the first wearable device 160 is a chargeable device, the frame 106 comprises a support surface against which the first case abuts with the first case in the display position, an opening is defined through the support surface, and further in combination with a charger 164 for the chargeable device that is supported on the frame 106, exposed through the support surface opening, and operable to charge the first wearable device 160 with the first case in the display position (as seen best in Fig. 26).
Regarding claim 11, Chapuis discloses the combination, where the frame 106 comprises a pedestal 108 that is configured to be fixed to the main support 150 whereupon the support surface is maintained in an elevated position above the main support 150.
Regarding claim 12, Chapuis discloses the combination, where the charger 164 has a power cord that is directed through the pedestal 108 (as seen in Fig. 26 below).
Regarding claim 13, Chapuis discloses the combination, where there is a component on the frame 106 that cooperates with a component on the holding part 116 to releasably maintain the holding part 116 in the second position (see discussion in col. 7, lines 17-21, regarding connection between the holding part 116 and frame 106).
Regarding claim 19, Chapuis discloses the combination, where the receptacle 102,104 defined at least partially by one of the first and second walls has a first configuration and the security assembly 100 further comprises a first adaptor 126 that is usable in conjunction with the one of the first and second walls to change the first receptacle configuration to a second receptacle configuration.
Regarding claim 20, Chapuis discloses the combination, where the first adaptor 126 is configured to be placeable in an operative position to change the receptacle 102,104 defined at least partially by the one of the first and second walls from the first receptacle configuration to the second receptacle configuration and with the first adaptor 126 in the operative position and the first case in the display position the first adaptor 126 is blocked in the operative position (see discussion in col. 5, lines 14-16).
Regarding claim 21, Chapuis discloses the combination, in combination with a second wearable device 160 comprising a second case containing operating components and a second band 162 configured to extend at least partially around a limb of a user to maintain the second wearable device 160 operatively supported on the user's limb, the second case having a configuration different than a configuration of the first case, the receptacle 102,104 defined at least partially by the one of the first and second walls with the first configuration adapted to receive a part of the first case, the receptacle defined at least partially by the one of the first and second walls with the second configuration adapted to receive a part of the second case. The Examiner notes that Chapuis discloses the use of multiple securing devices 100 in col. 13, lines 13-17).
Regarding claim 22, Chapuis discloses the combination, where the first and second wearable devices 160 each is a smartphone (see discussion in col. 4, lines 39-44).
Regarding claim 23, Chapuis discloses the combination, where the frame 106 comprises a mounting base 140 that is fixed to the pedestal 108 and configured to be placed against and fixed relative to a flat surface on the main support 150.
Regarding claim 24, Chapuis discloses the combination, in combination with the main support 150 with the flat surface against which the mounting base140 is fixed (as seen in Fig. 24).
Regarding claim 25, Chapuis discloses the combination, where the charger 164 has a power cord (as seen in Fig. 26 below), the pedestal 108 has a peripheral surface through which the power cord for the charger 164 extends to allow access to the power cord above the flat surface of the main support 150.
Regarding claim 26, Chapuis discloses the combination, where the charger 164 has a power cord that is directed through the pedestal 108 and the flat surface on the main support 150.
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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.
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) 27 and 29-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chapuis et al.
Concerning method claims 27 and 29-40, in view of the structure disclosed by Chapuis above, the method of operating the device would have been obvious, since Chapuis’ securing device provides the same structure as the device described in the specification. The Examiner submits that it can be assumed that the device of Chapuis is capable of being used through the claimed process.
Allowable Subject Matter
Claims 8-9, 14-18, and 28 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or disclose the combination of the securing assembly and wearable device, where the holding part is pivotable relative to the frame around a first axis in moving between the first and second positions for the holding part; and where the component on one of the frame and holding part comprises a post and the component on the other of the frame and holding part comprises a receptacle for the post, the post projecting into the receptacle to thereby maintain the holding part in the second position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the reference to Chapuis et al. above, the Examiner submits the Notice of References Cited (PTO-892). U.S. Pats. 11178983 to Kelsch et al., 11913597 to Yang et al., and 11702866 to Fraiman et al. teach security assemblies for preventing the theft of portable devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D MCDUFFIE whose telephone number is (571)272-3832. The examiner can normally be reached M-F, 8AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael McDuffie/Examiner, Art Unit 3632 30-Jul-26
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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