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 .
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,493,367 (hereinafter Zhai). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite the same components and configuration of components within the smart wearable device.
With reference to claim 1, Zhai discloses the smart wearable device, comprising (see claim 1):
a first housing (see claim 1);
a second housing, sleeved on an outer side of the first housing (see claim 1);
an electrical track assembly, arranged on the outer side of the first housing (see claims 1, 3);
a third housing sleeved between the first housing and the second housing (see claim 10);
a battery, annularly arranged around an outer side of the third housing (see claim 13); and
a circuit board assembly arranged on the third housing (see claims 1, 10);
wherein the second housing and the first housing are configured to be movable relative to each other, and the electrical track assembly and the circuit board are driven to cooperate with each other and trigger an electrical signal (see claim 1); and
wherein the battery and the circuit board are configured to be rotatable together with the third housing (see claim 14).
While the configuration of the battery and the circuit board are recited separately with regards to the third housing, the recited language of Zhai of the identified claims (claims 1, 10, and 14) detail a battery and circuity board on a third housing sleeved between the first and second housings and configured to rotate.
With reference to claims 2-16, Zhai discloses the features of the claims in claims 2-16.
With reference to claim 17, Zhai discloses the features of the claim in claim 1.
With reference to claim 18, Zhai discloses the features of the claim in claims 10 and 13.
While the claim language is not identical the claims recite the circuit board comprises a main body segment and a bending segment flexibly connected to each other (claim 10), and the battery overlaps radially with the main body section in reciting the battery is annularly arranged around the third housing and connected to the circuit board (claim 13).
With reference to claim 19, Zhai discloses the smart wearable device, comprising (claim 1):
a first housing (see claim 1);
a second housing, sleeved on an outer side of the first housing (see claim 1);
an electrical track assembly, arranged on the outer side of the first housing (see claims 1, 3);
a third housing sleeved between the electrical track assembly (which is positioned on the outside of the first housing) and the second housing (see claim 10), wherein the second housing is matched with the third housing to form a rotating housing (see claim 14);
a battery, arranged in the rotating housing (see claim 13); ang
a circuit board, arranged on the third housing (see claims 1, 10);
wherein the second housing and the first housing are configured to be movable relative to each other, and the electrical track assembly and the circuit board are driven to cooperate with each other and trigger an electrical signal (see claim 1); and
wherein the battery and the circuit board are configured to be rotatable together with the rotating housing (see claim 14).
While the configuration of the battery and the circuit board are recited separately with regards to the third housing, the recited language of Zhai of the identified claims (claims 1, 10, and 14) detail a battery and circuity board on a third housing sleeved between the first and second housings and configured to rotate.
With reference to claim 20, Zhai discloses the smart wearable device, comprising (claim 1):
a first housing (see claim 1);
a second housing, sleeved on an outer side of the first housing (see claim 1);
an electrical track assembly, arranged between the first housing and the second housing (see claims 1, 3);
a third housing, sleeved between the first housing and the second housing (see claim 10);
a battery, annularly arranged around an outer side of the third housing (see claim 13); and
a circuit board, comprising a main body segment and a bending segment flexibly connected to each other (claim 10), wherein the main body segment is arranged on an inner side of the third housing (see claim 10), and the bending segment is arranged on the outer side of the third housing (see claim 10);
wherein the electrical track assembly comprises a first track segment arranged on the outer side of the first housing (claim 19), and a conductive printing layer is arranged on a surface of the circuit board close to the electrical track assembly (claim 19); and
the second housing is rotatable relative to the first housing (claim 1), and the electrical track assembly is driven to be in contact with and electrically connected to the conductive printing layer, to trigger an electrical signal (claim 19).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SHAI (US2011/0007035) discloses a finger worn device having a first housing and a second housing configured to rotate about the first housing having an electrical track assembly arranged between the first housing and the second housing, a battery and a circuit board (see paragraphs 175-184; Figs. 1-3).
YAN (US2025/0224766) discloses a smart wearable device comprising a first housing, a second housing and a third housing (13) wherein the third housing contains a battery and a circuit board arranged in an accommodation space of the second housing (see paragraphs 30-36, 60-75; Figs. 1-3, 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALECIA DIANE ENGLISH whose telephone number is (571)270-1595. The examiner can normally be reached M0n.-Fri. 7:00am-3:00am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Boddie can be reached at 571-272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Alecia D English/ Examiner, Art Unit 2625
571-270-1595
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