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 9/10/25 have been fully considered but they are not persuasive.
In response to applicant's argument that Welch is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Welch solves a similar problem of a removable liner.
In response to applicant's argument that Berman is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Berman solves a similar problem of connecting two layers of a wearable article.
Examiner maintains the prior art reads upon the claims as presented.
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-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 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 ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Huang CN 107647537 in view of Welch et al US 20110000590 and further in view of Sitbon et al US 20050102802.
Regarding claim 1, Huang discloses a strap to be worn about a wearer's wrist comprising:
An outer strap portion (10) and a wrist-contacting liner portion (21, 22), the wrist-contacting portion being releasably and interchangeably attached to the outer strap portion;
and the wrist-contacting liner portion composed of a moisture-passing material which when damp or soiled may be exchanged with an alternative wrist-contacting liner portion (Figure 3).
Huang does not disclose the outer strap portion having a plurality of embedded and spaced apart individual strap magnets the liner portion having a plurality of linear and paced apart magnets, the magnets being embedded in and surrounded by the outer strap portion, the number of strap magnets and the number of liner portion magnets being the same, the liner portion comprising an upper fabric layer, a support layer upon which the magnets are fitted, a top layer positioned over the magnets, the top layer being positioned between the upper fabric layer and the support layer.
Welch et al discloses the outer strap portion (12) having a plurality of embedded and spaced apart individual strap magnets (25)
the liner portion having a plurality of embedded and spaced apart individual strap magnets (25), the number of strap magnets and the number of liner portion magnets being the same (magnet pairs 19), the liner portion comprising an upper fabric layer (11), a support layer (35) upon which the magnets are fitted and a top layer (33) positioned over the magnets, the top layer (33) being positioned between the upper fabric layer and the support layer (35) (Figure 3C).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the attachment method of the wristband of Huang to include the magnets and the multiple layers as taught by Welch so that the hook and loop material would not catch on unwanted objects and use the multiple layers with a support layer to add rigidity.
Huang as modified by Welch does not disclose a tacky rubber strap portion-contacting layer.
Sitbon discloses a magnetic bra strap with the contact surface of the sheath covered in rubber.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the band of Huang in view of Welch to include a rubber layer to “increase adherence” between the two straps.
Regarding claim 3, Huang in view of Welch discloses wherein each of the outer strap portion and the liner portion having a series of adjustment holes (Huang, 123) formed therethrough, the plurality of strap portion magnets including a first group of magnets embedded in the strap portion on one side of the adjustment holes and a second group of magnets embedded in the strap portion on the opposite side of the adjustment holes,
the plurality of liner portion magnets including a first group of magnets embedded in the liner portion on one side of the adjustment holes and a second group of magnets embedded in the liner portion on the opposite side of the adjustment holes, the group of strap magnets and the first group of liner magnets being the same in number and the second group of strap magnets and the second group of liner magnets being the same in number (Huang in view of Welch discloses the claimed limitations by having releasable fasteners on either side of the adjustment holes).
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Huang CN 107647537 in view of Welch et al US 20110000590 and Sitbon et al US 20050102802as applied to claim 1 above, and further in view of Herr US 20060277951.
Regarding Claim 2, Huang in view of Welch does not teach wherein the wrist-contacting liner portion is composed of a breathable 3-D spacer mesh material.
Herr teaches a garment liner made of 3-D spacer mesh material (spacer fabric).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the liner of Huang in view of Welch to be made of spacer mesh as taught by Herr as the liner to facilitate moisture wicking and ventilation against the skin of the user.
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Huang CN 107647537 in view of Welch et al US 20110000590.
Regarding claim 9, Huang discloses a strap to be worn about a wearer's wrist comprising:
an outer strap portion (10) and a wrist-contacting liner portion (21, 22), the wrist-contacting portion being releasably and interchangeably attached to the outer strap portion;
the outer strap portion (10) having a first quick release elements; and
a wrist-contacting liner portion (21,22) having, a second quick release element, the wrist-contacting liner portion being releasably and interchangeably attached to the outer strap portion, the wrist- contacting liner portion composed of a moisture-passing material which when damp or soiled, may be exchanged with an alternative wrist-contacting liner portion (Figure 3).
Huang does not disclose the first quick release element comprising a plurality of linear and paced apart magnetic elements, the magnetic elements being embedded in and surrounded by the outer strap portion, the liner portion having a support layer, an upper fabric layer, the liner portion further including a top layer between the support layer and the upper fabric layer, the second quick release element comprising a plurality of spaced apart individual liner portion magnetic elements embedded in the liner portion between the support layer and the top layer, the top layer extending over at least two of the spaced apart individual liner portion magnetic elements, the number of strap magnetic elements and the number of liner portion magnetic elements being the same, the magnetic elements being selected from the group consisting of magnets and metal plates.
Welch et al discloses the first quick release element comprising a plurality of embedded and spaced apart magnetic elements (25) outer portion having
the first quick release element comprising a plurality of embedded and spaced apart magnetic elements (25),
the liner portion having a support layer (35), an upper fabric layer (11), the liner portion further including a top layer (33) between the support layer and the upper fabric layer,
the second quick release element comprising a plurality of spaced apart individual liner portion magnetic elements (25) embedded in the liner portion between the support layer and the top layer, the number of strap magnetic elements and the number of liner portion magnetic elements being the same (magnet pairs 19), the magnetic elements being selected from the group consisting of magnets and metal plates.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the attachment method of the hook and loop connection of the wristband of Huang to include the magnets and the multiple layers as taught by Welch in order to have multiple layers with a support layer to add rigidity (paragraph [0041], lines 11-12).
Regarding claim 11, Huang in view of Welch discloses wherein the first quick release element comprises an attachment element selected from the group consisting of a magnet and a metal plate, each of the outer strap portion and the liner portion having a series of adjustment holes (Huang, 123) formed therethrough, the plurality of strap portion magnetic elements including a first group of magnetic elements embedded in the strap portion on one side of the adjustment holes and a second group of magnetic elements embedded in the strap portion on the opposite side of the adjustment holes, the plurality of liner portion magnetic elements including a first group of magnetic elements embedded in the liner portion on one side of the adjustment holes and a second group of magnetic elements embedded in the liner portion on the opposite side of the adjustment holes, the group of strap magnetic elements and the first group of liner magnetic elements being the same in number and the second group of strap magnetic elements and the second group of liner magnetic elements being the same in number (Huang in view of Welch discloses the claimed limitations by having releasable fasteners on either side of the adjustment holes).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Huang CN 107647537 in view of Welch et al US 20110000590 as applied to claims 1 and 9 above, and further in view of Herr US 20060277951.
Regarding Claim 10, Huang in view of Welch does not teach wherein the wrist-contacting liner portion is composed of a breathable 3-D spacer mesh material.
Herr teaches a garment liner make of 3-D spacer mesh material (spacer fabric).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the liner of Huang in view of Welch to be made of spacer mesh as taught by Herr as the liner to facilitate moisture wicking and ventilation against the skin of the user.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Huang CN 107647537 in view of Berman US 2648845.
Regarding claim 19, Huang discloses a strap to be worn about a wearer's wrist comprising:
an outer strap portion and wrist-contacting liner portion, the wrist-contacting portion being releasably and interchangeably attached to the outer strap portion;
the outer strap portion (10) having an upper surface and a plurality of linear magnets;
the wrist-contacting liner portion (21,22) releasably and interchangeably attached to the outer strap portion, the wrist-contacting liner portion composed of a moisture- passing material which when damp or soiled, may be exchanged with an alternative wrist-contacting liner portion; and
a release assembly for releasable and interchangeable attachment of the outer strap portion to the wrist-contacting liner portion (Figure 3).
Huang in view of Berman does not disclose the release assembly being a fastener assembly consisting of a plurality of post fasteners, each post fastener comprising a shaft embedded within the strap portion having a ball-shaped tip attached to the shaft, the ball shaped tip being positioned above the upper surface of the outer strap portion, the fastener assembly further including a like plurality of post fastener-receiving apertures numbered and positioned so as to align with the post fasteners for removable attachment thereto, the post fasteners being positioned on one or the other of the outer strap portion and the liner portion with the fastener-receiving apertures being positioned on the other of the liner portion and the outer strap portion.
Berman discloses a fastener assembly consisting of a plurality of post fasteners (26), each post fastener comprising a shaft embedded within the strap portion (Fig 5) having a ball-shaped tip attached to the shaft, the ball shaped tip being positioned above the upper surface of the outer strap portion, the fastener assembly further including, and a like plurality of post fastener-receiving apertures (18) numbered and positioned so as to align with the post fasteners for removable attachment thereto, the post fasteners being positioned on one or the other of the outer strap portion and the liner portion with the fastener-receiving apertures being positioned on the other of the liner portion and the outer strap portion (Fig 4-5).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the fastening means of Huang to be the post fastener type as taught by Berman to create a secure attachment between the layers and avoid unwanted materials getting caught in the hook and loop material. Berman, para 20, teaches various kind of fastening means can be substituted for the snap post fastening means.
Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Huang CN 107647537 in view of Berman US 2648845 as applied to claim 19 above, and further in view of Herr US 20060277951.
Regarding claim 20, Huang in view of Berman discloses the invention except wherein the wrist-contacting liner portion is composed of a 3-D spacer mesh material.
Herr teaches a garment liner make of 3-D spacer mesh material (polyester).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the liner of Huang in view of Berman to be made of spacer mesh as taught by Herr as the liner to facilitate moisture wicking and ventilation against the skin of the user.
Regarding claim 21, Huang in view of Berman and further in view of Herr discloses wherein the 3-D spacer mesh material is a blend of fibers taken from the group consisting of polyester (Herr, polyester), nylon, carbon, polypropylene, glass, viscose, acrylic, protein, metal, auxetic and nano fibers.
Regarding Claim 22, Huang in view of Berman and further in view of Herr discloses wherein the fibers are woven teaches wherein the fibers are woven so as to be breathable (Herr, “fabric layers to facilitate the movement of ventilating airflow”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 at (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