ANTENNA IN A WEARABLE DEVICE

DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/23/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of US 12,383,137 B2 (see Table below). Instant Application (???) US 12,383,137 B2 1. A wearable ring device, comprising: a first circumferential portion and a second circumferential portion separated by a first spacing; an antenna ground plane within the wearable ring device and disposed along the first circumferential portion; an antenna within the wearable device and disposed along the second circumferential portion and separated from the antenna ground plane by a second spacing less than the first spacing and a ground plane extension, of a circuit board, that spans the second spacing and that extends from an upper layer of the circuit board that comprises a radiator to a lower layer of the circuit board that comprises the antenna ground plane. 1. A wearable ring device, comprising: a first circumferential portion and a second circumferential portion separated by a first spacing; an antenna ground plane within the wearable ring device and disposed along the first circumferential portion; an antenna within the wearable ring device and disposed along the second circumferential portion and separated from the antenna ground plane by a second spacing less than the first spacing, the antenna comprising an interconnect portion that couples a radiator of the antenna with the antenna ground plane at an input of a communication component for the antenna; and a ground plane extension, of a circuit board, that spans the second spacing and that extends from an upper layer of the circuit board that comprises the radiator to a lower layer of the circuit board that comprises the antenna ground plane, wherein the interconnect portion is configured to conduct electrostatic discharge on the radiator away from the communication component and toward the antenna ground plane via the ground plane extension. 2. The wearable device of claim 1, wherein the antenna comprises an interconnect portion that couples the radiator of the antenna with the antenna ground plane at an input of a communication component for the antenna. 1. A wearable ring device, comprising: a first circumferential portion and a second circumferential portion separated by a first spacing; an antenna ground plane within the wearable ring device and disposed along the first circumferential portion; an antenna within the wearable ring device and disposed along the second circumferential portion and separated from the antenna ground plane by a second spacing less than the first spacing, the antenna comprising an interconnect portion that couples a radiator of the antenna with the antenna ground plane at an input of a communication component for the antenna; and a ground plane extension, of a circuit board, that spans the second spacing and that extends from an upper layer of the circuit board that comprises the radiator to a lower layer of the circuit board that comprises the antenna ground plane, wherein the interconnect portion is configured to conduct electrostatic discharge on the radiator away from the communication component and toward the antenna ground plane via the ground plane extension. 3. The wearable device of claim 2, wherein the interconnect portion is configured to conduct electrostatic discharge on the radiator away from the communication component and toward the antenna ground plane via the ground plane extension. 1. A wearable ring device, comprising: a first circumferential portion and a second circumferential portion separated by a first spacing; an antenna ground plane within the wearable ring device and disposed along the first circumferential portion; an antenna within the wearable ring device and disposed along the second circumferential portion and separated from the antenna ground plane by a second spacing less than the first spacing, the antenna comprising an interconnect portion that couples a radiator of the antenna with the antenna ground plane at an input of a communication component for the antenna; and a ground plane extension, of a circuit board, that spans the second spacing and that extends from an upper layer of the circuit board that comprises the radiator to a lower layer of the circuit board that comprises the antenna ground plane, wherein the interconnect portion is configured to conduct electrostatic discharge on the radiator away from the communication component and toward the antenna ground plane via the ground plane extension. 4. The wearable device of claim 1, wherein the first circumferential portion comprises an inner circumferential portion that is configured to interface with the skin of a user, and wherein the second circumferential portion comprises an outer circumferential portion that is opposite the inner circumferential portion. 2. The wearable ring device of claim 1, wherein the first circumferential portion comprises an inner circumferential portion that is configured to interface with the skin of a user, and wherein the second circumferential portion comprises an outer circumferential portion that is opposite the inner circumferential portion. 5. The wearable device of claim 1, wherein the first circumferential portion comprises an outer circumferential portion, and wherein the second circumferential portion comprises an inner circumferential portion that is opposite the outer circumferential portion and that is configured to interface with the skin of a user. 3. The wearable ring device of claim 1, wherein the first circumferential portion comprises an outer circumferential portion, and wherein the second circumferential portion comprises an inner circumferential portion that is opposite the outer circumferential portion and that is configured to interface with the skin of a user. 6. The wearable device of claim 1, wherein the antenna is separated from the antenna ground plane by an air gap. 4. The wearable ring device of claim 1, wherein the antenna is separated from the antenna ground plane by an air gap. 7. The wearable device of claim 1, wherein the antenna is separated from the antenna ground plane by an insulative material. 5. The wearable ring device of claim 1, wherein the antenna is separated from the antenna ground plane by an insulative material. 8. The wearable device of claim 7, wherein the insulative material comprises an epoxy. 6. The wearable ring device of claim 5, wherein the insulative material comprises an epoxy. 9. The wearable device of claim 1, further comprising: portions of insulative material between the antenna ground plane and the antenna and configured to maintain the second spacing between the antenna ground plane and the antenna, the portions of insulative material separated by air gaps. 7. The wearable ring device of claim 1, further comprising: portions of insulative material between the antenna ground plane and the antenna and configured to maintain the second spacing between the antenna ground plane and the antenna, the portions of insulative material separated by air gaps. 10. The wearable device of claim 1, wherein the antenna and the antenna ground plane are configured to generate an electromagnetic field for wireless communication, and a range of the electromagnetic field is based at least in part on the second spacing. 8. The wearable ring device of claim 1, wherein the antenna and the antenna ground plane are configured to generate an electromagnetic field for wireless communication, and a range of the electromagnetic field is based at least in part on the second spacing. 11. The wearable device of claim 1, further comprising: a metal surface curved along an interior sidewall of the first circumferential portion, wherein the antenna ground plane comprises the metal surface. 9. The wearable ring device of claim 1, further comprising: a metal surface curved along an interior sidewall of the first circumferential portion, wherein the antenna ground plane comprises the metal surface. 12. The wearable device of claim 1, wherein the antenna comprises a planar antenna that is curved along an interior sidewall of the second circumferential portion. 10. The wearable ring device of claim 1, wherein the antenna comprises a planar antenna that is curved along an interior sidewall of the second circumferential portion. 13. The wearable device of claim 1, wherein the circuit board comprises a flexible printed circuit board within the wearable device, wherein the antenna ground plane comprises a ground plane of the flexible printed circuit board. 11. The wearable ring device of claim 1, wherein the circuit board comprises a flexible printed circuit board within the wearable ring device, wherein the antenna ground plane comprises a ground plane of the flexible printed circuit board. 14. The wearable device of claim 13, wherein the flexible printed circuit board is curved along an interior sidewall of the first circumferential portion. 12. The wearable ring device of claim 11, wherein the flexible printed circuit board is curved along an interior sidewall of the first circumferential portion. 15. The wearable device of claim 2, wherein the communication component is disposed on the lower layer and the input of the communication component is coupled with the upper layer. 13. The wearable ring device of claim 1, wherein the communication component is disposed on the lower layer and the input of the communication component is coupled with the upper layer. 16. The wearable device of claim 13, wherein the first circumferential portion comprises an inner circumferential portion, the wearable device further comprising: a sensor coupled with the flexible printed circuit board and extending through the first circumferential portion, the sensor configured to sense physiological data for a user of the wearable device. 14. The wearable ring device of claim 11, wherein the first circumferential portion comprises an inner circumferential portion, the wearable ring device further comprising: a sensor coupled with the flexible printed circuit board and extending through the first circumferential portion, the sensor configured to sense physiological data for a user of the wearable ring device. 17. The wearable device of claim 1, wherein the wearable device comprises a wearable ring device. 1. A wearable ring device, comprising: a first circumferential portion and a second circumferential portion … Allowable Subject Matter Claims 1-17 would be allowable if rewritten or amended to overcome the non-statutory double patenting rejections, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the prior arts fail to teach or reasonably suggest a wearable device comprising a ground plane extension, of a circuit board, that spans the second spacing and that extends from an upper layer of the circuit board that comprises a radiator to a lower layer of the circuit board that comprises the antenna ground plane, in combination with the other limitations of the claim. Claims 2-17 are allowable due to their dependencies to claim 1 above. 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 SEOKJIN KIM whose telephone number is (571)272-1487. The examiner can normally be reached M-F: 8:30am-5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached at (571) 272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SEOKJIN KIM/Primary Examiner, Art Unit 2845