DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to claims in application 18/095,863 filed on 1/11/2023.
The instant application claims benefit to provisional application #63/299,774 with a priority date of 1/14/2022.
The Pre-Grant publication # 2023/0230499 is published on 7/20/2023.
Claims 1-20 are pending.
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication Number 6182388 B1 to PATTON K D (Patton) in view of US Patent Number 4753377 A Poluhowich.
Claim 1. Patton teaches a kit for providing a crafts experience to a novice artist in the assembly of a customized belt buckle configurable for attachment to a flexible belt for holding up a pair of trousers (Fig.2 configurable buckle and belt assembly with removable insert or inlays attached), the kit comprising:
a planar frame having a raised perimeter, an open center, and a frame channel adjacent to at least a portion of the raised perimeter for facing outward, the frame channel being recessed below a front edge of the raised perimeter, the planar frame including one or more mounting holes spaced along and perforating the frame channel; a set of dissimilar inlays each having a decorative face and preconfigured to occupy the channel and mount with the decorative face approximately flush with the front edge of the raised perimeter, each of the dissimilar inlays being selectable by the novice artist assembling the buckle (col.3 lines 47-55 frame perimeters that could be a raised portions; col.4 lines 33 planar frame for inlay inserts; it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have framed channels with one or more punch holes with perforating the frame channel do not appear to provide any unexpected results) ;
an inlay attachment means for securing each of one or more inlays selected from the set of dissimilar inlays to the frame via the one or more mounting holes (Fig.2 elements 26,27,28 decorative dissimilar inlays having front and back faces; col.5 lines 1-5 belt straps and possible punch holes ; it would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to secure each inlays selected from the set of dissimilar inlays to the frame via the one or more ouch holes since the location and size of punch do not appear to provide any unexpected results);
Patton does not identify providing a crafts experience to a novice artist in the assembly of a customized belt buckle. Poluhowich, however, teaches the providing a set of instructions (col.2 lines 8-10 indicia or print on card insertable in compartment) directing a crafts experience to a novice artist in the assembly of a customized belt buckle (col.4 lines 32-40 indicia in the form of a description of basic survival skills and crafting techniques, are printed or engraved on the various surfaces of the belt buckle as could be indicated by numeral ; Skills and crafting techniques described include starting and maintaining, locating, constructing etc.). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a set of instructions for directing the novice artist on how to assemble the belt buckle and thereby fulfill the crafts experience, where the instructions are written, recorded, or verbally conveyed, as taught by Poluhowich, into the belt buckle removable insert of Patton, in order to enable an inexperienced person equip with techniques to assemble proper belt buckle enhancing the effectiveness and usefulness of an available kit.
Patton in combination to Poluhowich where the frame includes a belt attachment means for attaching one end of the flexible belt to the frame, and where at least two inlays within the set of dissimilar inlays are dissimilar in terms of one or more of imagery, color, text, and material (Fig.6 decorative inserts or inlays one or more of imagery, color, text, and material; col. 4 lines 49-67 belt loop and frame couplings with respect to inlays ).
Claim 2. The kit of claim 1, further comprising: a set of fasteners for securing the selected one or more inlays to the frame via the inlay attachment means, where the inlay attachment means comprises one or more inlay holes preconfigured in the one or more selected inlays and align able with the mounting holes of the frame, the set of fasteners including one or more of a screw, a rivet, a pin, and a bolt ( Fig.3 elements 33,34; holes preconfigured for fasteners).
Claim 3. The kit of claim 2, further comprising: the set of fasteners being divided into multiple subsets of fasteners, each of the multiple subsets conforming to one fastener type, one color, and one size (Patton:Fig.3; Poluhowich claim8 elongated slot dimensionally sized to receive hook and it that matter fasteners types of color and size).
Claim 4. The kit of claim 1, further comprising: a set of fasteners for securing the selected one or more inlays to the frame via the inlay attachment means, where the inlay attachment means comprises a template for punching, drilling, or marking a location of one or more inlay holes in the selected one or more inlays, the resulting one or more inlay holes align able with the mounting holes of the frame, the set of fasteners including one or more of a screw, a rivet, a pin, and a bolt (Fig.1 element 29 decorative insert or inlay attachments has a decorative image such as a photo image displayed thereon; Configuration could be made align able with the mounting holes of the frame good for set of fastener)
Claim 5. The kit of claim 1, wherein: a style of the planar frame is one of a center-bar buckle with the raised perimeter present on a left side and a right side of the frame, a side-bar buckle with the raised perimeter on the left and the right side of the frame, and a full-face buckle with the raised perimeter continuous around 360 degree of the frame (col.3 lines 47-60 a belt buckle frame could be re-design with raised parameter as one of many available design style options already commonly present in art).
Claim 6. The kit of claim 1, wherein: the open center of the frame is configured for one or more of a passage of the belt, a disposition of a prong for securing the belt, and reducing a weight of the buckle (col.3 lines 57-60 central opening amenable to low weight prongs options).
Claim 7. The kit of claim 1, wherein: the belt attachment means is a loop of metal on one side of the frame for securing one end of the belt (Fig.3 element 36 attachment on one side of frame)
.
Claim 8. The kit of claim 1, further comprising: a prong disposed on the frame for securing the belt via regularly spaced prong holes in the belt, the prong either projecting inwardly from a back side of the frame or mounting pivotably to the frame for lying across the open center when the belt is fastened. (col.5 line2-5 punch hole spacing with prong to secure the belt could be
Claim 9. The kit of claim 1, further comprising: one or more of the following fastening tools for fastening the one or more selected inlays to the frame: a hammer, a screwdriver, a riveting tool (col.4 lines 11-23 insert has options to be fastened using a hammer, a screwdriver, or any other riveting tool).
Claim 10. The kit of claim 1, wherein: the kit is configured for use in a crafts parlor available to the novice artist and containing one or more of a workstation, simple fastening tools, and supervision by an agent of the crafts parlor (Poluhowich: col.4 lines 28-40 an inexperience or a novice artist guide available but craft agent may be available to demonstrate the technique documented) .
Claim 11. A kit for providing a crafts experience to a novice artist in the assembly of a customized belt buckle configurable for attachment to a flexible belt for holding up a pair of trousers, the kit comprising: a planar frame having a raised perimeter, an open center, and a frame channel adjacent to at least a portion of the raised perimeter for facing outward, the frame channel being recessed below a front edge of the raised perimeter; a set of dissimilar inlays each having a decorative face and preconfigured to occupy the channel and mount with the decorative face slightly recessed below the front edge of the raised perimeter by a peening distance, where the dissimilar inlays are selectable by the novice artist assembling the buckle; a set of instructions for directing the novice artist how to assemble the belt buckle and thereby fulfill the crafts experience, where the instructions are written, recorded, or verbally conveyed; and where the frame includes a belt attachment means for attaching one end of the flexible belt to the frame, and where the kit is configured such that an edge of the decorative face is retainable by peening inwardly the front edge of the raised perimeter (Fig.1-5 Belt buckle with removable display insert, comprises frame with central opening, decorative insert disposed in central opening of frame, and backing plate mounted to back face of frame; plurality of spaced apart latches 33 are pivotally coupled preferably by removable fasteners to the back face of the frame adjacent the central opening; generally rectangular outer perimeter and a spaced apart pair of elongate end portions and a spaced apart pair of elongate side portions extending between the end portions of the frame) .
Patton does not identify providing a crafts experience to a novice artist in the assembly of a customized belt buckle. Poluhowich, however, teaches the providing a set of instructions (col.2 lines 8-10 indicia or print on card insertable in compartment) directing a crafts experience to a novice artist in the assembly of a customized belt buckle (col.4 lines 32-40 indicia in the form of a description of basic survival skills and crafting techniques, are printed or engraved on the various surfaces of the belt buckle as could be indicated by numeral ; Skills and crafting techniques described include starting and maintaining, locating, constructing etc.). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a set of instructions for directing the novice artist on how to assemble the belt buckle and thereby fulfill the crafts experience, where the instructions are written, recorded, or verbally conveyed, as taught by Poluhowich, into the belt buckle removable insert of Patton, in order to enable an inexperienced person equip with techniques to assemble proper belt buckle enhancing the effectiveness and usefulness of an available kit.
Claim 12. The kit of claim 11, wherein: a style of the planar frame is one of a center-bar buckle with the raised perimeter present on a left side and a right side of the frame, a side-bar buckle with the raised perimeter on the left and the right side of the frame, and a full-face buckle with the raised perimeter continuous around 360 degree of the frame ( col.3 lines 47-60 a belt buckle frame could be re-design with raised parameter as one of many available design options already commonly present in art).
Claim 13. The kit of claim 11, wherein: at least two inlays within the set of dissimilar inlays interchangeably fit the frame channel and are dissimilar in terms of one or more of the following appearances: imagery, color, text, and material (Fig.6 decorative inserts or inlays one or more of imagery, color, text, and material; col. 4 lines 49-67 belt loop and frame couplings with respect to inlays ).
Claim 14. The kit of claim 11, wherein: the open center of the frame is configured for one or more of a passage of the belt, a disposition of a prong for securing the belt, and reducing a weight of the buckle (col.3 lines 57-60 central opening amenable to low weight prongs options).
Claim 15. The kit of claim 11, further comprising: one or more of the following fastening tools for fastening the one or more selected inlays to the frame: a hammer, a screwdriver, a rivet tool (col.4 lines 11-23 insert has options to be fastened using a hammer, a screwdriver, or any other riveting tool) .
Claim 16. A method of assembling a customized belt buckle from a crafts kit by a novice artist, the belt buckle configurable for attachment to a flexible belt for holding up a pair of trousers, the method comprising: providing the crafts kit having a planar frame, a set of dissimilar inlays each preconfigured to nest in the planar frame, a fastening means for mounting one or more inlays selected from the set of dissimilar inlays to the planar frame, and a set of instructions for assembling the belt buckle, the frame having a raised perimeter, an open center, and a frame channel adjacent to at least a portion of the frame perimeter for facing outward, the frame channel being recessed below a front edge of the raised perimeter; selecting from the set of dissimilar inlays the one or more inlays having a decorative face preferred by the novice artist assembling the buckle; fitting the selected one or more inlays into the frame channel such that the decorative face mounts approximately flush with the front edge of the raised perimeter; fastening the one or more fitted inlays to the planar frame according to the set of instructions and using at least one of the following fastening means: 1) riveting rivets or screwing screws through one or more mounting holes in the frame channel and complementary inlay holes of the selected one or more inlays, 2) peening the front edge of the raised perimeter inwardly to retain an edge of the decorative face; and where the planar frame includes a belt attachment means for attaching one end of the flexible belt to the frame, and where the dissimilar inlays are distinct in design according to one or more of imagery, color, text, and material (Patton: Fig.1,2 Belt buckle with removable display insert, comprises frame with central opening, decorative insert disposed in central opening of frame, and backing plate mounted to back face of frame; generally rectangular outer perimeter and a spaced apart pair of elongate end portions and a spaced apart pair of elongate side portions extending between the end portions of the frame; Fig.3-5 A plurality of spaced apart latches 33 are pivotally coupled (preferably by removable fasteners 34) to the back face of the frame adjacent the central opening ) .
Patton does not identify providing a crafts experience to a novice artist in the assembly of a customized belt buckle. Poluhowich, however, teaches the providing a set of instructions (col.2 lines 8-10 indicia or print on card insertable in compartment) directing a crafts experience to a novice artist in the assembly of a customized belt buckle (col.4 lines 32-40 indicia in the form of a description of basic survival skills and crafting techniques, are printed or engraved on the various surfaces of the belt buckle as could be indicated by numeral ; Skills and crafting techniques described include starting and maintaining, locating, constructing etc.). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a set of instructions for directing the novice artist on how to assemble the belt buckle and thereby fulfill the crafts experience, where the instructions are written, recorded, or verbally conveyed, as taught by Poluhowich, into the belt buckle removable insert of Patton, in order to enable an inexperienced person equip with techniques to assemble proper belt buckle enhancing the effectiveness and usefulness of an available kit.
Claim 17. The method of claim 16, further comprising: providing a set of dissimilar frames where at least two frames within the set are dissimilar in terms of one or more of style, shape, and size ( col.1 lines 26-31 frames with opening and dissimilar match to belt hook curves).
Claim 18. The method of claim 17, further comprising: within the set of dissimilar inlays, providing multiple inlay subsets each preconfigured for matching at least one of the style, the shape, and the size of one of the at least two frames within the set of dissimilar frames.(col.3 lines 27-36 base plate matching inlays curvature and could configure one of the style, the shape, and the size of one of the at least two frames within the set of dissimilar frames )
Claim 19. The method of claim 16, further comprising: providing one or more sets of fastening means each comprising rivets or screws and conforming to one size (col.4 lines 11-23 insert has options to be fastened means using rivets and screw).
Claim 20. The method of claim 16, further comprising: supervising the novice artist in one or more of safety, the riveting or the peening, and the selecting of the inlays (Poluhowich: col.4 lines 28-40 an inexperience or a novice artist guide and technique available for safety, selections, riveting etc.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8490254 B1 Johnston; Trevor Jamison
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US 4052773 A Nesbitt; Leroy E.
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US 3537874 A RAMEY DAVID S
PANEL WITH DECORATIVE SIMULATED INLAY AND PROCESS
US 20090089979 A1 Derrheim; Trevor
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US 11559112 B2 Clements; Allyn Gerald
Belt buckle with replaceable insert
US 10897942 B2 Hunsucker; Thomas W. et al.
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US 6519779 B1 Taguchi; Jon
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US 9113677 B2 Anderson; Jesse et al.
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US D277051 S Baron; Peter
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to SADARUZ ZAMAN whose telephone number is (571)270-3137. The examiner can normally be reached M-F 9am to 5pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.Z/Examiner, Art Unit 3715
September 28, 2025
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715