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 status
This action is in response to applicant filed on 05/08/2025.
Claims 2-21 are pending for examination.
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.
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) 2, 4, 5, 7, 8, 12, 13, 14, 16, 18, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xinhuai et al. (CN 107493410) in view of Seang Y. et al. (CN 105190716).
Regarding claim 2: Xinhuai disclose A wearable camera, comprising:
a housing (Fig. 4, upper casing 11, lower casing 12 and corresponding component housing components of the mainboard assembly, ¶0007);
a lens assembly (Fig. 4, lens 14);
a mainboard assembly (Fig. 1-4, main board 16, ¶0007); and
a vibration motor, wherein the mainboard assembly and the vibration motor are arranged in the housing (Fig. 1-4, vibrator 7, ¶0014).
Xinhuai does not explicitly disclose the lens assembly and the vibration motor are respectively at two opposite sides of the housing. Before the effective filing date, it would have been obvious to one having ordinary skill in the art at the time the invention was made to rearrange the lens assembly and the vibration motor so they are respectively disposed at opposite sides of the housing, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Xinhuai does not explicitly disclose a first magnetic structure and the first magnetic structure is arranged in the housing and connected to a back of the housing.
In analogous art regarding wearables, Seang disclose a wearable structure comprises a first magnetic member and a wearable accessory that can be worn on the body or clothing of the user; the first magnetic member is arranged in the housing and connected to a back of the housing, and the wearable accessory is provided with a second magnetic member capable of attracting the first magnetic member.(Page 5, paragraph 3)
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a first magnetic member and a wearable accessory that can be worn on the body or clothing of the user; the first magnetic member is arranged in the housing and connected to a back of the housing, and the wearable accessory is provided with a second magnetic member capable of attracting the first magnetic member, as discloses by Seang, to the wearable of Xinhuai. The motivation is to have a more reliable way to secure the wearable to the user, hence making it more reliable.
Claim 4: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 2, further comprising:
a battery assembly (Xinhuai: Fig. 1, lithium battery 10, ¶0007) and a wearable structure to connect the wearable camera to a user (Xinhuai: Fig. 1-4, finger ring set 13, ¶0007), wherein the battery assembly and the vibration motor are electrically connected with the mainboard assembly, and the wearable structure being connected to the housing (XinhuaiFig. 1-4, ¶0007).
Claim 5: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 4, wherein the housing is provided with a lens hole (Xinhuai: Fig, 4, lens 14), and the lens assembly is disposed in the lens hole (Xinhuai: ¶0026).
Claim 7: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 5, wherein a lens holder is provided between the battery assembly and the lens assembly so that the lens holder supports the lens assembly and the mainboard assembly (Xinhuai: Fig. 1, ¶0026).
Claim 8: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 5, wherein the lens assembly and the wearable structure face in different directions so that shooting of the lens assembly is not blocked by the user's body or clothing. (Xinhuai: Fig. 4: Notice lens facing opposite direction of assembly and not being blocked by the user body).
Claim 12: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 4, herein the wearable structure comprises the first magnetic structure and a wearable accessory to worn on the body or clothing of the user; and the wearable accessory is provided with a second magnetic structure to attract the first magnetic structure. (Xinhuai: Page 5, paragraph 3)
Claim 13: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 12, wherein the wearable accessory is a magnetic lanyard or a magnetic headband or a magnetic pad (Seang: Page 5, paragraph 3).
Claim 14: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 4, wherein the wearable structure comprises a wearable clip to be clamped to clothing of the user, and the wearable clip is magnetically attracted or clipped to the housing (Seang: Page 5, paragraph 3).
Claim 16: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 2, but does not explicitly disclose comprising two or more vibration motors in the housing for notifying the user. However it does disclose a vibration motor for reminding notifying the user (Xinhuai: Fig. 1-4, vibrator 7, ¶0014). Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to duplicate the motor and include two or more vibration motors, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim 18: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 2, but does not explicitly disclose wherein the vibration motor is a linear motor or a rotor motor. However, linear or rotor motor are merely known options of motors. Therefore, before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a linear motor or a rotor motor as the vibration motor of Xinhuai, since having a limited universe of potential options (motor), the selection of any particular option (linear or rotor) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPQ 224 (CCPA 1969). Since either option would provide the same predictable result of receiving data, either option would have been obvious to one of ordinary skill.
Claim 21: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 2, wherein the housing has an oblong shape, and the two opposite sides of the housing are arc-shaped transition surfaces (Xinhuai: Fig. 4).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xinhuai et al. (CN 107493410) in view of Seang Y. et al. (CN 105190716) and further in view of Kim et al. (US 2017/0351164).
Claim 6: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 5, wherein a lens ring is sleeved on the lens assembly (Fig, 4, lens 14); a lens protector is provided at a front end of the lens assembly and protrudes from the housing (Fig, 4, lens 14), but does not explicitly disclose and a waterproof ring is provided between the lens ring and the lens protector. However waterproof element in wearable device is well known in the art as evidence by Kim where it teaches a waterproof ring is provided between the lens ring and the lens protector (¶0042, 0082).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a waterproof ring is provided between the lens ring and the lens protector, as disclose by Kim, to the wearable of Xinhuai. The motivation is to protect the internal electric components from water damage.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xinhuai et al. (CN 107493410) in view of Seang Y. et al. (CN 105190716) and further in view of in view of Choi et al. (US 2015/0243157).
Claim 19: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 2, but does not explicitly disclose comprising a pogo pin for charging or data transmission.
In analogous art regarding wearable device, Choi disclose a pogo pin for charging or data transmission.(¶0077)
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a pogo pin for charging or data transmission, as disclose by Choi to the wearable of the combination of Xinhuai and Seang. The motivation is to make it easier to charge the device hence making it more user friendly.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xinhuai et al. (CN 107493410) in view of Seang Y. et al. (CN 105190716) and further in view of Koester et al. (US 2013/0010992).
Claim 20: The combination of Xinhuai and Seang disclose the wearable apparatus of claim 2, but does not explicitly disclose comprising a microphone; the housing defines a microphone hole; the microphone faces the microphone hole; a waterproof breathable membrane is provided behind the microphone hole for transmitting sound of the microphone while preventing liquid entering the housing.
In analogous art regarding wearable device, Koester disclose a wearable comprising a microphone; the housing defines a microphone hole; the microphone faces the microphone hole; a waterproof breathable membrane is provided behind the microphone hole for transmitting sound of the microphone while preventing liquid entering the housing. (Fig. 4, ¶0026)
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of comprising a microphone; the housing defines a microphone hole; the microphone faces the microphone hole; a waterproof breathable membrane is provided behind the microphone hole for transmitting sound of the microphone while preventing liquid entering the housing, as disclose by Koester to the wearable of the combination of Xinhuai and Seang. The motivation is to make it easier to charge the device hence making it more user friendly.
Allowable Subject Matter
Claim 3, 9,10, 11, 15 and 17 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.
Conclusion
The prior art made of record cited in the PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR CASILLASHERNANDEZ whose telephone number is (571)270-5432. The examiner can normally be reached Monday-Friday, 8:30AM-4:30PM.
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/OMAR CASILLASHERNANDEZ/Primary Examiner, Art Unit 2689
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