DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5, 8-12, and 15-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, in line 10, “each of said male elements inserting in a sliding manner between a pair of one of adjacent female elements to vary a mutual distance between said female elements along a sliding direction” is indefinite. The scope of what the male elements are being inserted into cannot be determined. It is suggested that the limitation be changed to include the structural relationship of the male element being inserted into the through opening in the end of the female element to correct the problem.
Regarding claim 1, line 30, the limitation, “said male element comprises at least one longitudinal slot”, is misdescriptive for the claimed embodiment. To be descriptive, the claim must claim that the male element comprises two longitudinal slots.
The claim is directed to the embodiment described in figures 6-8 for the following reasons. The claim is limited to this embodiment because of the newly added limitations defined in the last 5 lines of the claim:
“the pin extends from the through hole, transversely through the longitudinal slot of the male element, and into the seat, such that mutual sliding between the female element and the male element is limited by engagement of the pin with ends of the longitudinal slot.”
The embodiment of the invention that “is limited by engagement of the pin with ends of the longitudinal slot” is only found in the embodiment of figures 6-8. The ends of the slot (53a) limit the sliding between the female and the male elements in the extended condition and in the retracted condition of the bracelet. Whereas, in the embodiment in figures 1-5, the one end of the slot (53) limits the sliding between the female and male elements in the extended condition of the bracelet. However, the other end of the slot fails to limit the sliding between the female and male elements.
In this embodiment, figures 1-5, the sliding between the male and female elements is limited in the contracted condition by the end of the male element engaging a shoulder in the female element (as shown by the circle in the annotated figure 5). Also, the arrows show where there is a gap between the pin (50) and the other end of the slot. This end of the slot is not capable of limiting the sliding between the male and female elements in the contracted condition. The shoulders of the female elements limit the sliding between the elements in the contracted condition.
PNG
media_image1.png
468
1186
media_image1.png
Greyscale
Thus, the claim is not readable on the embodiment described in figures 1-5. And, the claim is only readable on the embodiment described in figures 6-8. Therefore, the claim must state that the male element has two longitudinal slots in order for the claim to be descriptive of the claimed embodiment.
Claims 5, 8-12, and 15-18, which depend from claim 1, include all the problems outlined in claim 1.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 5, 8-12, and 16-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
Examiner interviews are 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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677