DETAILED ACTION
Notice of Pre-AIA or AIA Status
Claim Rejections - 35 USC § 112
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9 and 16 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In both claims 9 and 16, the claim repeats the same limitation in the claim from which it depends, specifically “an external housing comprising the exterior surface of the wearable ring” is the same limitation in claim 9 as “a housing comprising an exterior surface of the wearable ring” that is in claim 1 and similarly in claim 16 depending from claim 10. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-8, 10-15, and 17-20 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art does not disclose nor suggest a wearable ring device with a particularly claimed housing of a specific size and dimensions, including a curved battery fitting inside the curved housing, a power management system that facilitates charging of the battery using a magnet to cause an attractive force between the wearable ring and an external charging device, furthermore including an accelerometer and/or gyroscope to detect the physical movement of the user, a temperature sensor for detecting the skin temperature of the user, a first LED for emitting visible light and a second LED for emitting near-infrared or infrared light and a light sensor to detect one of the visible, near-infrared, and/or infrared light to detect the heart rate of the user.
The closest prior art to Mastandrea (US 20130027341) discloses a finger-worn device for detecting movement of the user but fails to disclose the particularly claimed housing structure, the magnetic charging capabilities, among other claimed limitations referenced 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 TRAVIS R HUNNINGS whose telephone number is (571)272-3118. The examiner can normally be reached M: 6-7:30a, 9:30a-4:45p, 8:30-10p; T: 6-7:30a, 12-4p, 7:30p-12a; W: 6-7:30a, 9:30a-4:45p; H: 6-7:30a, 8:15a-4:45p; F: 12:00-4:45p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689
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