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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 5-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lim et al, US Pub. 2018/0167549 .
The applied reference has a common inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Lim et al disclose wearable mobile electronic devices comprising: a primary housing 101 supporting a data capture assembly and having inner and outer surfaces joined by a perimeter wall (see Fig. 1; par. 0053-0055); a mounting accessory 121 coupled to the inner surface of the primary housing, the mounting accessory configured to mount the data capture device on an index finger of an operator in a top-mounted operational mode, wherein the primary housing is disposed on a back of the index finger (see Fig. 2; par. 0063-0067); an accessory trigger supported on the mounting accessory such that in the top-mounted operational mode, the accessory trigger is disposed between the index finger and a thumb of the operator, for activation by the thumb of the operator (par. 0073); wherein the mounting accessory and the primary housing are coupled in a first orientation (see Fig. 1) or a second orientation via at least one latch and at least one hook. (See Figs. 1-3; par. 0053-0075).
Regarding claim 5, wherein the mounting accessory is further configured to mount the data capture device on the index finger in a side-mounted operational mode, wherein the primary housing is disposed on a side of the index finger between the index finger and a thumb of the operator (see Fig. 16).
Regarding claim 6, further comprising a primary trigger supported on the outer surface of the primary housing such that in the side-mounted operational mode, the primary trigger is disposed on the side of the index finger for activation by the thumb of the operator (see Fig. 16).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al in view of Lee Hye KR 101850919. The teachings of Lim et al have discussed above.
Lim et al fail to show how the primary housing of the data capture is attached to the mounting accessory device, including first and second electrical interfaces.
Lee Hye discloses a wearable bar code scanner comprising: a wearer 20 is attached to the index finger of the user and includes a support portion 210 and a band portion 230; the supporting part 210 is composed of a transverse member supporting the body 10 and a longitudinal member extending downward at an acute angle from one side of the transverse member to support the thumb of the user; the band portion 230 is disposed on the lower surface of the support portion 210 and is formed so as to surround the index finger of the user in a ring shape; the middle portion of the band portion 230 is fixed to the lower surface of the support portion 210, and the band portion 230 is fixed to the finger so that one end and the other end of the band overlap; the wearing portion 20 includes a rectangular slide portion 220 formed on the upper surface of the support portion 210 in an embossed shape and a protrusion 240 formed at the center of the upper surface of the slide portion 220; the wearer 20 can be slidably inserted into the first groove 225 of the main body 10 through the slide portion 220 and can be inserted into the second groove 224 of the main body 10 through the protrusion 240; the main body 10 has an opening 225a through which the slide part 220 is slidably inserted into the lower surface of the main body 10 so that the first groove 225 and the protrusion 240 are inserted into the first groove 225 And a second groove 245 formed at the center of the concave shape; the sliding portion 220 formed at an angle may first be slidably inserted through the opening 225a of the first groove 225 formed at a negative angle; a protrusion 240 formed at a raised angle with respect to the upper surface of the slide unit 220 may be inserted into the second groove 245 formed at an engraved angle with respect to the lower surface of the first groove 225 by an external force; the body 10 can be firmly coupled to the wearer 20 due to the double-joint structure of the first groove 225 and the second groove 245.
In view of the teachings of Lee Hye, it would have been obvious to modify the teachings of Lim et al in order to secure the primary housing with grooves and protrusion members (i.e. latches and hooks). Such modification would allow the data capture device to be detached from the mounting accessory for servicing and cleaning. Furthermore, the specific mounting mechanism is a matter of engineering choice for meeting customer requirements. Additionally, having first and second electrical interfaces in the first and second displays 1669/1667. Therefore, it would have been an obvious extension as taught by the prior art.
Allowable Subject Matter
Claims 2-3 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 applicant teaches a data capture which includes a primary housing, a mounting accessory coupled to an inner surface of the primary housing for mounting the data capture device on an index finger of an operator in a top-mounted operational mode, an accessory trigger supported on the mounting accessory such that in the top-mounted operational mode, the accessory trigger is disposed between the index finger and a thumb of the operator, wherein the mounting accessory and the primary housing are coupled in a first orientation or a second orientation via at least one latch and at least one hook, wherein a pair of latches is disposed at respective ends of the mounting accessory and a pair of hooks is disposed at respective ends of the inner surface of the primary housing, etc. These limitations in conjunction with other limitations in the claims were not shown by the prior art of record.
Response to Arguments
Applicant's arguments filed 06/16/26 have been fully considered but they are not persuasive. See examiner remarks.
Remarks:
Regarding claims 2-3, the prior art rejection has been withdrawn.
In response to the applicant argument that the prior art fails to disclose a latch and hook, the examiner respectfully disagrees. Lim et al disclose that the device is removable from the mounting device and quickly mount to other devices. To latch usually means to fasten, lock or engage, which implies a releasable retaining mechanism, similarly to the teachings of the prior art. For instance, Fig. 1 of Lim et al shows that the primary housing is attached to the mounting structure, which is latching/hooking to the mounting structure. With respect to the argument regarding inherency, as shown in the Fig.1 of the prior art, there must be latching/hooking mechanism for attaching the removable primary housing onto the mounting structure. Regarding a first orientation or a second orientation, the figures of Lim et al show at least 2 orientations, having the touch display on the side or on top. The applicant’s general argument is not persuasive. Refer to the rejection above.
Conclusion
THIS ACTION IS MADE FINAL. 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 DANIEL ST CYR whose telephone number is (571)272-2407. The examiner can normally be reached M to F 8:00-8:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pham Thomas can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DANIEL ST CYR
Primary Examiner
Art Unit 2876
/DANIEL ST CYR/Primary Examiner, Art Unit 2876
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