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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/652,156
`
`03/30/2020
`
`MINORU KUMAHARA
`
`P200436US00
`
`8555
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`HUANG, WEN WU
`
`2648
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/25/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/652, 156
`Examiner
`WEN W HUANG
`
`Applicant(s)
`KUMAHARAetal.
`Art Unit
`AIA (FITF) Status
`2648
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 3/30/2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-14 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-14 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 3/30/2020 is/are: a)(¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220520
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 2
`
`Notice of Pre-AlA 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 § 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-AlA 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 eitherstatus.
`
`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 ordinaryskill 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 ofthe 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.
`
`1.
`
`Claims 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pokrajac etal. (US.
`
`Pub. NO. 2015/0077257 A1; hereinafter “Pokrajac”) in view of Doi et al. (US. Pat. 6,771,161 B1;
`
`hereinafter “Doi”).
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 3
`
`Regarding claim 1, Pokrajac teaches a data communication device (see Pokrajac,fig. 4a)
`
`comprising:
`
`a belt (see Pokrajac, fig. 4a, band 16);
`
`a buckle joined to the belt (see Pokrajac, fig. 4a, holder 28, 52, para. [0045)),
`
`the buckle including a fitting surface (see Pokrajac, fig. 1a, loop 42);
`
`a communication electrode disposed at the buckle (see Pokrajac, fig. 4a, electrical contacts 32,
`
`34), the
`
`a communication unit disposed at the buckle (see Pokrajac, fig. 4a, RFID tag 48), the
`
`communication unit being electrically connected to the communication electrode (see Pokrajac,fig. 5a,
`
`loop contact 50, arm 36, pin 38, para. [0046]), wherein the buckle includes a buckle mechanism (see
`
`Pokrajac, fig. 5a, 5b, 42, 14).
`
`Pokrajac is silent to teaching that communication electrode being exposedat the fitting surface.
`
`In the same field of endeavor, Doi teaches a device wherein the communication electrode being
`
`exposedat the fitting surface (see Doi, fig. 5, electrodes 11, 12, col. 6, lines 10-20).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art to combine the teaching
`
`of Pokrajac with the teaching of Doi in order to improve communication with wristband devices (see
`
`Doi, col. 1, lines 20-40).
`
`Regarding claim 2, the combination of Pokrajac and Doi teaches the data communication device
`
`according to claim 1, further comprising a body case that includes an outer surface opposingthe fitting
`
`surface (see Pokrajac, fig. 5a, 28), wherein the buckle is provided at the outer surface of the body case
`
`(see Pokrajac, fig. 5a, 42), and wherein the communication electrode is exposed at the body case (see
`
`Doi, fig. 5, electrodes 11, 12, col. 6, lines 10-20).
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 4
`
`Regarding claim 3, the combination of Pokrajac and Doi teaches the data communication device
`
`according to claim 2, wherein the body case also servesas a part of the buckle (see Pokrajac, fig. 5a, 28,
`
`42).
`
`Regarding claim 4, the combination of Pokrajac and Doi teaches the data communication device
`
`according to claim 2, wherein: the buckle includes:
`
`a buckle body (see Pokrajac, fig. 4a, 42, 40); an immobilizing assembly joined to the buckle body;
`
`and a space that allows a leading edge of the belt to pass through, the space being formed between the
`
`immobilizing assembly and the buckle body (see Pokrajac, fig. 5a, 42, 20); and the immobilizing assembly
`
`pressesthe belt when the belt is inserted through the space (see Pokrajac, fig. 5b, 36, 42).
`
`Regarding claim 5, the combination of Pokrajac and Doi teaches the data communication device
`
`according to claim 4, wherein the immobilizing assembly includesa first immobilizing part and a second
`
`immobilizing part that are provided side byside in a direction that the belt is inserted (see Pokrajac,fig.
`
`4a, 42).
`
`2.
`
`Claims 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pokrajac in view of
`
`Doi and Kita (US. Pub. No. 2001/0043514 A1).
`
`Regarding claim 9, Pokrajac teaches a data communication device comprising:
`
`a bodycase including a bottom face and a side face (see Pokrajac, fig. 4a, 48, bottom face; side
`
`joints 32, 34);
`
`a belt joined to the body case at the side face of the body case (see Pokrajac,fig. 4a, joint 32);
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 5
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`a power source housedin the body case (see Pokrajac, fig. 7a, battery 62, para. [0048]);
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`a communication unit that is driven by the power source (see Pokrajac, fig. 7, PCB 54);
`
`a communication electrode connected to the communication unit (see Pokrajac, fig. 5b, contacts
`
`74,50, para. [0046]); and, wherein the belt at least partly includes an insulator (see Pokrajac, fig 5a, band
`
`14), and wherein the first surface extends out of the body case to face a plane extending, as an
`
`extension of a surface of the communication electrode, beyond the bodycase (see Pokrajac,fig. 5a, 20,
`
`42).
`
`Pokrajac is silent to teaching that wherein
`
`the communication electrode being exposed at the bottom face of the body case;
`
`a ground electrode that is plate-shaped, the ground electrode being connected to a ground of
`
`the communication unit inside the body case;
`
`the ground electrode includesa first surface covered by the insulator.
`
`In the same field of endeavor, Doi teaches a device wherein the communication electrode being
`
`exposed at the bottom face of the body case (see Doi, fig. 5, electrodes 11, 12, col. 6, lines 10-20), and
`
`a ground electrode that is plate-shaped, the ground electrode being connected to a ground of
`
`the communication unit inside the body case (see Doi, fig. 2, ground 12, fig. 5, 12).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art to combine the teaching
`
`of Pokrajac with the teaching of Doi in order to improve communication with wristband devices (see
`
`Doi, col. 1, lines 20-40).
`
`The combination of Pokrajac and Doi is silent to teaching that the ground electrode includesa
`
`first surface covered by the insulator.
`
`In the same field of endeavor, Kita teaches a device wherein the ground electrodeincludes a
`
`first surface covered by the insulator (see Kita, fig. 5a,o; ground lines 414,514, connector 94, para.
`
`[0123,128]).
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 6
`
`Therefore, it would have been obvious to one of ordinaryskill in the art to combine the teaching
`
`of Pokrajac and Doi with the teaching of Kita in order to improve functionalities of wristbands and body
`
`cases (see Kita, para. [0007-9]).
`
`Regarding claim 10, the combination of Pokrajac, Doi and Kita teaches the data communication
`
`device according to claim 9, wherein the ground electrode includes a second surface opposite from the
`
`first surface and is contained inside the belt with the second surface being covered by the insulator (see
`
`Kita, fig. 5, bands 4 and 5).
`
`Regarding claim 11, the combination of Pokrajac, Doi and Kita teaches the data communication
`
`device according to claim 10, wherein the ground electrode extends to a position close to a leading edge
`
`of the belt (see Kita, fig. 5, connector 94).
`
`Regarding claim 12, the combination of Pokrajac, Doi and Kita teaches the data communication
`
`device according to claim 9, wherein the body case includes, outwardly of an edge of the
`
`communication electrode, a frame comprising a resin (see Pokrajac, para. [0056]).
`
`Regarding claim 13, the combination of Pokrajac, Doi and Kita teaches the data communication
`
`device according to claim 9, wherein: the body case includes a front face opposite from a bottom face;
`
`and the first surface of the ground electrode is positioned at a distance closer to the front face from the
`
`plane (see Kita, fig. 1a, 414,514).
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 7
`
`Regarding claim 14, the combination of Pokrajac, Doi and Kita teaches the data communication
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`device according to claim 9, wherein the communication electrode is substantially flush with the bottom
`
`face or projects from the bottom face (see Doi, fig. 5, 11).
`
`3.
`
`Claims 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pokrajac and Doi as
`
`applied to claim 4 above, and further in view ofKita.
`
`Regarding claim 6, the combination of Pokrajac and Doi teaches the data communication device
`
`according to claim 4.
`
`The combination of Pokrajac and Doi is silent to teaching that further comprising a ground
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`electrode including one end and an opposite end, the one end being electrically connected to a ground
`
`of the communication unit inside the body case, the opposite end having a leading edge, the ground
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`electrode being contained inside the belt, wherein the ground electrode extends to where the leading
`
`edge of the ground electrode overlaps the buckle with the belt being inserted through the space.
`
`In the same field of endeavor, Kita teaches a device comprising a ground electrode including one
`
`end and an opposite end, the one end beingelectrically connected to a ground of the communication
`
`unit inside the body case, the opposite end having a leading edge, the ground electrode being contained
`
`inside the belt, wherein the ground electrode extends to where the leading edge of the ground
`
`electrode overlaps the buckle with the belt being inserted through the space (see Kita, fig. 5a,b; ground
`
`lines 414,514, connector 94, para. [(0123,128]).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art to combine the teaching
`
`of Pokrajac and Doi with the teaching of Kita in order to improve functionalities of wristbands and body
`
`cases (see Kita, para. [0007-9]).
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 8
`
`Regarding claim 7, the combination of Pokrajac, Doi and Kita teaches the data communication
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`device according to claim 6, wherein the ground electrode extending has a leading edge at a position
`
`wherethe buckle is joined to the belt (see Kita, fig. 4, 68,69).
`
`Regarding claim 8, the combination of Pokrajac, Doi and Kita teaches the data communication
`
`device according to claim 6, wherein the ground electrode has a uniform width (SeeKita,fig. 5, 94).
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`Conclusion
`
`disclosure.
`
`Koshiji (2008/0129621), Golko (2012/0194976), Tsubata (2003/0144596), Fontana
`
`(2017/0257759), Loen (2011/0316693), Dey (2016/0037841), Paez (2018/0227754), Wilder
`
`(2011/0092791) teach wrist worn devices.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to WEN WU HUANG whosetelephone numberis (571)272-7852. The examiner can
`
`normally be reached Mon-Fri 10-6.
`
`Examiner interviewsare 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,
`
`Wesley Kim can be reached on (571) 272-7867. The fax phone numberfor the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 16/652, 156
`Art Unit: 2648
`
`Page 9
`
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`
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`571-272-1000.
`
`/WEN W HUANG/
`Primary Examiner, Art Unit 2648
`
`