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
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 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.
Claims 21, 25-28, 33-36, and 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Lo (US Patent Publication No. 2009/0312655) in view of Chou (US Patent Publication No. 2020/0085331) and Sayme (US Patent Publication No. 2017/0319082).
With reference to claim 21, Lo discloses a wearable electronic device (100) comprising:
an enclosure (210) defining an opening (see paragraph 24; Figs. 1-2, 4);
a processing unit (560) within the enclosure (210) (see paragraphs 36-37; Figs. 4-5); and
a crown (260) extending through the opening (in teaching shaft (262) opening; see paragraph 32; Fig. 4), the crown comprising:
a surface of the crown body defining an exposed conductive surface (see paragraph 43);
a shaft (262) extending from the surface of the crown body and through the opening (see paragraphs 34, 40; Figs. 4-5);
a display (250) positioned at least partially within the enclosure and configured to provide a graphical output that is responsive to each of a rotational input received by the crown and a translational input received by the crown (see paragraphs 22, 25, 28; Figs. 2A-B).
While Lo discloses a conductive crown body as explained, as well as the usage of an isolator (ESD protection) for preventing voltage discharge from the conductive metals (see paragraphs 4-6, 15-17), there fails to be disclosure of a conductive inner crown body, outer crown body, isolator, and retainer as recited.
Chou discloses a wearable electrocardiographic measurement device (see Fig. 9A-D, 10A) having a conductive inner body (12) electrically coupled to the processing unit (see paragraphs 44, 60), the conductive inner body (12) defining an exposed conductive surface (see paragraphs 48-49; Figs. 9A-D, 10A); an outer body (20) surrounding the inner body (12, 10) (see paragraphs 70-71); and a processing unit positioned within the enclosure (see paragraphs 44, 60) and conductively coupled to the electrode (12) (see paragraphs 50-51).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of an input device having inner conductive portions similar to that which is taught by Chou to be carried out as the crown body similar to that which is taught by Lo to thereby provide ECG input to the processor for determining measurements (see Chou; paragraph 10).
Further while Lo and Chou disclose all that is required as explained above, there fails to be specific disclosure of an isolator positioned between the conductive inner crown body and the outer crown body and electrically isolating the conductive inner crown body from the outer crown body as recited. However, as explained above Lo discloses the usage of ESD protection to block interference between the conductive surfaces and the electronic components of the watch (see paragraphs 4-6, 15-17). Chou additionally teaches a housing (20) which comprises the first and second electrode provides isolation between the conductive portions of the device to prevent interference when determining the electrocardiogram of the user (see paragraphs 49-51, 69-70, 92-93).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of an isolator means for isolating the first electrode and second electrode from each other as well as any other conductive materials to thereby permit accurate measurements for determining the electrocardiogram of the user (see paragraphs 51, 69-70).
Further, while disclosing the wearable electronic device as described above, Lo fails to disclose a retainer of the crown as recited.
Sayme discloses an electronic device having a conductive button body, wherein the button body comprises an isolator (40) positioned between the conductive portions (2, 3) of the button; and a retainer (50) coupling the button body portions and securing the isolator between the two (see paragraphs 25-27; Fig. 1-2, 8).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of a retaining means similar to that which is taught by Sayme to be carried out in a device similar to that which is taught by Lo and Chou to thereby prevent electric conduction between the electrically conductive portions of the button (see Sayme; paragraph 27).
With reference to claim 25, Lo, Chou, and Sayme disclose the wearable electronic device of claim 21, wherein Lo further discloses that the exposed conductive surface defines an electrode and is operatively coupled to the processing unit (260) (see paragraphs 42-43; Fig. 4); and the processing unit (260) is configured to determine an electrocardiogram of a user based at least partially on a voltage detected at the electrode (see paragraphs 24-25, 36-37; Fig. 5).
With reference to claim 26, Lo, Chou, and Sayme disclose the wearable electronic device of claim 25, wherein Lo further discloses that the electrode is a first electrode (see paragraphs 23, 43); the exposed conductive surface is a first exposed conductive surface (see paragraph 43); the enclosure (210) defines a second exposed conductive surface (510/520) (see paragraphs 23-24), the second exposed conductive surface defining a second electrode and operatively coupled to the processing unit (see paragraphs 25-26, 32-33); and the processing unit (560) is further configured to determine the electrocardiogram based at least partially on a second voltage detected at the second electrode (see paragraph 48).
With reference to claim 27, Lo, Chou, and Sayme disclose the wearable electronic device of claim 21, wherein Sayme further discloses that the isolator (50) is formed from a polymer material (in teaching the usage of any insulating material; see paragraph 27); and the isolator defines a portion of an end surface of the crown (see paragraph 27; Figs. 1-2).
With reference to claim 28, Lo discloses an electronic device (100) comprising:
an enclosure (210) (see paragraph 24; Figs. 2, 4);
an input mechanism (260) coupled to the enclosure (210) (see paragraph 24; Fig. 1-2) and comprising:
a conductive shaft (262) configured to extend through an opening in the enclosure (210) (see paragraphs 32, 34; Fig. 4); and
a body coupled to the conductive shaft and configured to rotate in response to a rotational input and to translate in response to a translational input (see paragraph 25), the body comprising:
a conductive body defining at least a portion of an end surface of the body (see paragraphs 34, 40, 43; Figs. 4-5);
a display configured to produce a graphical output (see paragraph 22; Figs. 1-2); and
a processing system (560) operably coupled to the input mechanism (260) and configured to modify the graphical output in response to the rotational input and in response to the translational input (see paragraphs 24-25).
While disclosing the conductive surface, Lo fails to disclose an inner and outer body, an isolator, and a retainer as recited.
Chou discloses a wearable electrocardiographic measurement device (see Fig. 9A-D, 10A) having a conductive inner body (12) defining at least a portion of an end surface of the body, and a conductive outer body (housing) positioned around the conductive inner body (12, 10) and defining at least a portion of a peripheral surface of the body (see paragraphs 44, 48-49, 60; Figs. 9A-D);
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of an input device having inner conductive portions similar to that which is taught by Chou to be carried out as the crown body similar to that which is taught by Lo to thereby provide ECG input to the processor for determining measurements (see Chou; paragraph 10).
Further while Lo and Chou disclose all that is required as explained above, there fails to be specific disclosure of a nonconductive isolator positioned between the conductive inner crown body and the outer crown body and electrically isolating the conductive inner crown body from the outer crown body as recited. However, as explained above Lo discloses the usage of ESD protection to block interference between the conductive surfaces and the electronic components of the watch (see paragraphs 4-6, 15-17). Chou additionally teaches a housing (20) which comprises the first and second electrode provides isolation between the conductive portions of the device to prevent interference when determining the electrocardiogram of the user (see paragraphs 49-51, 69-70, 92-93).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of an isolator means for isolating the first electrode and second electrode from each other as well as any other conductive materials to thereby permit accurate measurements for determining the electrocardiogram of the user (see paragraphs 51, 69-70).
Further, while disclosing the electronic watch as described above, Lo fails to disclose a retainer of the crown as recited.
Sayme discloses an electrocardiogram monitoring unit having a conductive button body, and a retainer (50) configured to engage the conductive outer body and the conductive inner body to compress the nonconductive isolator (40) between the conductive outer body and the conductive inner body (2, 3) (see paragraphs 25-27; Fig. 1-2, 8).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of a retaining means similar to that which is taught by Sayme to be carried out in a device similar to that which is taught by Lo and Chou to thereby prevent electric conduction between the electrically conductive portions of the button (see Sayme; paragraph 27).
With reference to claim 33, Lo, Chou, and Sayme disclose the wearable electronic device of claim 28, wherein Chou further discloses that nonconductive isolator comprises a cosmetic ring (Figs. 1-4) that defines a portion of an external surface of the input mechanism (see paragraphs 49-50; Figs. 1-4).
With reference to claim 34, Lo, Chou, and Sayme disclose the wearable electronic device of claim 28, wherein Lo further discloses that the conductive inner body defines an electrode configured to detect a voltage of a user in contact with the electrode (see paragraphs 23, 27); and is operably coupled to the processing system (560) via the conductive shaft (262) (see paragraphs 32, 34, 36; Fig. 4).
With reference to claim 35, Lo, Chou, and Sayme disclose the wearable electronic device of claim 24, wherein Lo further discloses wherein the processing system is configured to determine an electrocardiogram based at least partially on the voltage detected at the electrode (see paragraphs 23, 27).
With reference to claim 36, Lo discloses a wearable electronic device (100) (see paragraph 22; Fig. 1) comprising:
an enclosure (210) (see paragraph 24);
an input mechanism (260) positioned along a side of the enclosure (210) (see paragraph 34; Fig. 4) and comprising:
a surface of the crown body defining an exposed conductive end surface of the input mechanism (see paragraph 43);
a sensing system configured to detect at least one of a rotational input or a translational input applied to the input mechanism (see paragraph 25); and
a processing unit (560) operably coupled to the sensing system and configured to change an operation of the wearable electronic device in response to the at least one of the rotational input or the translational input (see paragraphs 22, 25, 40).
While Lo discloses a conductive crown body as explained, as well as the usage of an isolator (ESD protection) for preventing voltage discharge from the conductive metals (see paragraphs 4-6, 15-17), there fails to be disclosure of a conductive inner crown body, outer crown body, isolator, and retainer as recited.
Chou discloses a wearable electrocardiographic measurement device (see Fig. 9A-D, 10A) having a conductive inner body (12) electrically coupled to the processing unit (see paragraphs 44, 60), the conductive inner body (12) defining an exposed conductive surface (see paragraphs 48-49; Figs. 9A-D, 10A); an outer body (20) surrounding the inner body (12, 10) and defining a peripheral surface of the input mechanism (see paragraphs 70-71); and a processing unit positioned within the enclosure (see paragraphs 44, 60) and conductively coupled to the electrode (12) (see paragraphs 50-51).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of an input device having inner conductive portions similar to that which is taught by Chou to be carried out as the crown body similar to that which is taught by Lo to thereby provide ECG input to the processor for determining measurements (see Chou; paragraph 10).
Further while Lo and Chou disclose all that is required as explained above, there fails to be specific disclosure of an isolator positioned between the conductive inner crown body and the outer crown body and electrically isolating the conductive inner crown body from the outer crown body as recited. However, as explained above Lo discloses the usage of ESD protection to block interference between the conductive surfaces and the electronic components of the watch (see paragraphs 4-6, 15-17). Chou additionally teaches a housing (20) which comprises the first and second electrode provides isolation between the conductive portions of the device to prevent interference when determining the electrocardiogram of the user (see paragraphs 49-51, 69-70, 92-93).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of an isolator means for isolating the first electrode and second electrode from each other as well as any other conductive materials to thereby permit accurate measurements for determining the electrocardiogram of the user (see paragraphs 51, 69-70).
Further, while disclosing the wearable electronic device as described above, Lo fails to disclose a retainer of the crown as recited.
Sayme discloses an electronic device having a conductive button body, wherein the button body comprises an isolator (40) positioned between the inner body and the outer body and electrically isolating the inner body from the outer body (see paragraphs 25-27); and a retainer (50) configured to interlock with the inner body and the outer body to retain the inner body to the outer body (see paragraphs 25-27; Fig. 1-2, 8).
Therefore, it would have been obvious to one of ordinary skill in the art to allow the usage of a retaining means similar to that which is taught by Sayme to be carried out in a device similar to that which is taught by Lo and Chou to thereby prevent electric conduction between the electrically conductive portions of the button (see Sayme; paragraph 27).
With reference to claim 39, Lo, Chou, and Sayme disclose the wearable electronic device of claim 38, wherein Lo further discloses that the conductive inner body defines an electrode configured to detect a voltage of a user in contact with the electrode (see paragraphs 23, 27); and the processing unit is further configured to determine the electrocardiogram of the user based at least in part on the voltage detected at the electrode (see paragraphs 23, 27).
With reference to claim 40, Lo, Chou, and Sayme disclose the wearable electronic device of claim 36, wherein Lo further discloses that the wearable electronic device (100) further comprises a display configured to provide a graphical output (see paragraph 22; Figs. 1-2); and changing the operation of the wearable electronic device in response to the at least one of the rotational input or the translational input comprises modifying the graphical output provided by the display (see paragraph 25).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 7, and 9-12 of U.S. Patent No. 12,259,690. Although the claims at issue are not identical, they are not patentably distinct from each other because the recite the same elements of the recited device.
Application No. 19/060535
Patent No. 12,259,690
Claim 21
Claims 1,3,9
Claim 22
Claim 3
Claim 23
Claim 10
Claim 24
Claim 4
Claim 25
Claim 1
Claim 26
Claim 2
Claim 27
Claim 7
Claim 28
Claim 9
Claim 29
Claim 10
Claim 30
Claim 11
Claim 31
Claim 3, 4
Claim 32
Claim 3,4
Claim 33
Claim 12
Claim 34
Claim 1, 5
Claim 35
Claim 1
Claim 36
Claim 1, 2, 15
Claim 37
Claim 10
Claim 38
Claim 1, 5
Claim 39
Claim 1, 5
Claim 40
Claim 1, 15
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lapetina et al. (US9913591) discloses a wrist mounted device having an electrical contact disposed on an outer surface of the housing and configured to be contacted by the user (see abstract; Figs. 3D-4).
Chen (US6950695) discloses a watch-typed heartbeat sensing device including a casing defining a hollow space for mounting of circuitry, and a first and second pair of conductors including an inner plate and outer plate for detecting heartbeat of the user to be displayed (see abstract; Figs. 2-6).
Conclusion
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/ADE/Examiner, Art Unit 2625
/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625