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 .
Response to Arguments
Applicant's arguments filed 02/13/2025 have been fully considered but they are not persuasive.
Regarding applicant’s arguments stating Peck fails to disclose the elastic member is substantially covered when the bracelet is expanded, Examiner notes this argument is more limiting than the claims as presented and therefore Peck discloses the invention as claimed.
Regarding applicant’s arguments Peck fails to disclose two abutment elements to constrain the male element and keep the elastic element covered, Examiner respectfully disagrees. Examiner also notes the argument concerning covering the elastic element is more limiting than the claims as presented. As annotated in Figures throughout this Office Action, Peck shows barbs abutting within the female element to keep the male element constrained within the female element.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 6, 8-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peck US 10271619.
Regarding claim 1, Peck discloses a wearable decorative element comprising:
- at least one ring-shaped elastic member (10), supporting a plurality of female elements, wherein each of said female elements comprises a hollow body extended between a first (6) and a second through opening (9) obtained between two opposite lateral walls (3) for the passage and sliding of said elastic member,
- a plurality of hollow male elements (4) arranged on said elastic member alternating with said female elements and adapted to allow the passage and sliding of said elastic member therein, each of said male elements fitting in a sliding manner at least partly inside one of either said first through opening or said second through opening of one of said adjacent female elements,
wherein each of said male elements comprises at least two toothed elements (5) configured, in use, to fit inside said hollow body to limit the mutual sliding between said female elements on said male elements at a predefined maximum distance between said adjacent female elements,
- said first through openings and said second through openings are obtained longitudinally aligned on said first lateral wall and on said second lateral wall, respectively, and in communication with a cavity of said female element for the passage and sliding of said elastic member (Figure 4); and
- said first through opening has smaller height and width than the height and width of said cavity of said female element so that said first through opening has at least two abutment surfaces facing said cavity (Figure 1);
- said male element comprises two abutment elements (annotated Figure 1) configured to fit sliding to size in one of either said first through opening or said second through opening;
- said toothed elements are interposed between said abutment elements;
- said toothed elements are movable between:
- an insertion configuration wherein said toothed elements are approached to each other to allow the insertion thereof into said hollow body through said first through opening along a direction of insertion; and
- a clamping configuration wherein said toothed elements are moved away from each other and abut against the internal walls of said hollow body by clamping there (para 20 “the prongs 4 can be bent together, inserted into the rear opening of a second prism, and then bent back outward so that the barbs 5 enter the side openings 7 of the second prism and remain there”, Figure 6).
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Regarding Claim 2, Peck discloses wherein each of said male elements extends between a first and a second terminal portion wherein are obtained a first and a second opening communicating with each other for the passage and sliding of said elastic member, each of said male elements being comprised between a first and a second female element (Figure 6).
Regarding Claim 3, Peck discloses wherein said first terminal portion of said male element is associated with said second through opening of said first female elements and said second terminal portion of said male elements is associated in a sliding manner with said first through opening of said second female element so that at least said second female element can slide at least partly said male element to vary the mutual distance between said female elements (Figure 6).
Regarding Claim 6, Peck discloses wherein each of said toothed elements comprises a first longitudinal portion associated with said second through opening and a second transverse portion associated orthogonally with said first portion and protruding cantilever from the latter (Figure 1).
Regarding Claim 8, Peck discloses wherein said first through opening comprises two opposite abutment surfaces which are obtained internally to said hollow body, in said clamping configuration said toothed elements abutting respectively against said abutment surfaces (as seen in Figure 6).
Regarding Claim 9, Peck discloses wherein in said clamping configuration each of said second transverse portions abuts one of said abutment surfaces respectively, said first longitudinal portions being divergent with respect to said direction of insertion (as seen in Figure 6).
Regarding Claim 10, Peck discloses wherein each of said toothed elements is substantially L-shaped (Figure 1).
Regarding Claim 11, Peck discloses wherein in said clamping configuration, said toothed elements have a maximum mutual distance which is bigger than the distance between said abutment surfaces (Figure 6).
Regarding Claim 12, Peck discloses wherein in said insertion configuration the maximum mutual distance between said toothed elements is less than the distance between said abutment surfaces of said first through opening: and in said clamping configuration, the maximum mutual distance between said toothed elements is bigger than the distance between said abutment (Peck, Spec column 2 lines 22-25).
Regarding Claim 13, Peck discloses wherein said maximum mutual distance between said female elements is substantially corresponding to the length of said male element (as seen in Figure 6)
Regarding Claim 14, Peck discloses wherein said female elements has at least one setting seat for setting at least one gem (Figure 1).
Regarding Claim 15, Peck discloses wherein said first terminal portion of said male element is locked together with said female element (Figure 6).
Regarding Claim 16, Peck discloses wherein said first female element and said male element are made in a single monolithic body wherein said male element is projecting with respect to said first female element and configured to fit into one of said adjacent female elements (Figure 1 and Figure 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached on (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677