DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 27-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. There is no disclosure in the original specification of a brand identifier assembly having a flat side, an opposite round side, and an indent region comprising a sleeve. The sleeve comprising an aperture for receiving a sunglasses arm.
The embodiment similar to these claims is found in figures 8 and 9. However, there is no flat surface disclosed. There is only a round surface on one side and a round surface on an opposite side that has an indent region with an aperture.
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 27-30 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.
In claim 27, it is misdescriptive to state that the indent region (212) comprises a sleeve with an aperture. The indent region is an indent into the spherical identifier (216). There is no aperture or sleeve in this region. In fact, there are two indent regions, one on each side of the identifier (216). The sleeve/aperture extends from one indent region to the other. It is not located in the indent region as stated in the claim.
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In claim 30, it is misdescriptive to claim that the identifier assembly is a split sports ball. The identifier is clearly a sports ball (216), i.e., a basketball with two indent regions.
Claim Rejections - 35 USC § 102
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.
Claim 20 is rejected under 35 U.S.C. 102a(1) as being anticipated by Jeter, Jr., US 8671526. Jeter, Jr. discloses a sports identifier assembly (100, see summary of invention). The assembly comprises an identifier. The identifier comprising a flat side (210, figure 2). The flat side (210) comprising a pair of apertures (120, 130, figure 1). The pair of apertures (120, 130) are adapted for receiving a shoelace. The identifier has a round side opposite the flat side (figure 5 shows a cross-section of the identifier with a rounded edge opposite the flat side); and, a design feature area (230) uses molded features that add to the height of the identifier assembly (column 3, last paragraph, column 4, first paragraph). The identifier is shaped to represent an object, such as, a mascot associated with a same sport that is played by a team represented by the design. The design comprises a name, a logo, and a color pattern (column 2, lines 35-51).
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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.
Claims 1, 21 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Pink, US D497565 in view of Cottle, US 283574. Pink discloses a bracelet (brand identifier assembly). The bracelet has a back region, a set of arms each with a threaded cavity on the end of the arm, a brand identifier with a threaded shaft for coupling with the threaded cavity on the end of the arm. The brand identifier has a design, i.e., the shape of the top hemispherical surface, on the brand identifier.
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Pink fails to disclose a flexible region on each arm of the pair of arms. However, Cottle discloses a bracelet with flexible arms (flexible mandrel B, lines 41-49).
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The use of flexible arms ensures that the bracelet will be securely pressed against the wearer’s wrist to prevent unwanted detachment and loss of the bracelet. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to provide Pink’s bracelet with flexible arms.
Regarding claim 21, Pink discloses the end of the arms being flared.
Regarding claim 24, Cottle discloses the flexible region being along the entire length of the bracelet, which would include a flexible region between the back region and an arm of the set of arms.
Regarding claim 25, Cottle discloses the brand identifier in the shape of a miniature ball. It would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to change the shape of Pink’s brand identifiers into the shape of a ball to improve or change the aesthetic appearance of the bracelet to meet the customers fashion desires, i.e., improve the aesthetics of the bracelet to the eye of the wearer.
Claims 2-9 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Pink, US D497565 in view of Cottle, US 283574 and further in view of Wolf, US 2014/0020427 A1 and Barcon, US D402911. Pink fails to disclose the design on the brand identifier being a logo, a color pattern, or a name being embossed, painted, or etched thereon.
Wolf discloses that it is old and well known to have bracelets (elastic wristbands) with brand identifiers (6) placed thereon. The design can include the name of a sports team or a special cause, such as fighting breast cancer, or a decorative colorful design ([0029]).
Barcon discloses brand identifiers on the ends of the bracelet in the design of a soccer ball to identify the wearer is part of a soccer team or loves the sport. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to provide form Pink’s brand identifier with a design that shows a color pattern, logo, name and/or have a shape of the sport team that is being branded. This would provide the wearer with a bracelet that identifies the sport/team that the love, or are affiliated with, or are a member of that team to other like-minded fans or members of that team. This would provide a means in a crowded place to indicate to the people in the crowd who you are affiliated with and to find others that are like-minded, in order to engage in conversation and become friends.
Regarding claims 5-7, it is old and well known to emboss, paint or etch a design on jewelry. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to provide emboss, paint or etch the logo or team name onto Pink’s brand identifier to permanently ornament the brand identifier with the team’s name or sport.
Regarding claims 8 and 9, Pink fails to disclose polycarbonate material to form the brand identifier assembly. However, the examiner takes official notice of the fact that polycarbonate material is a well-known plastic material. Wolf discloses that it is old and well known to make decorative wrist bands from rigid materials such as metal, wood or plastic material ([0003]) or from flexible material such as leather or fabric or rubber or silicone ([0004]). The type of material chosen for the bracelet is dependent on the aesthetics, which are driven by the fashion trends in the jewelry industry, i.e., to make the jewelry more appealable to the customer. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to make Pinks’ bracelet from a polycarbonate material.
Regarding claim 26, Barcon discloses that the shape of the brand identifier is in the form of a soccer to identify the brand of game the wearer is affiliated with or likes. The claim requires that the brand identifier is shaped to represent a miniature helmet. It would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to modify Barcon’s identifier by changing its shape to reflect the shape of a miniature football helmet to indicate that the wearer of the bracelet with this helmet is affiliated with or is a member of a football team in order to facilitate meeting like-minded individuals to start a conversation and/or to become friends.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Pink, US D497565 in view of Cottle, US 283574 and further in view of Thiery, US 244687. Pink discloses a smooth outer surface. The claim requires there be a plurality of ridges on the back region of the assembly. Thiery discloses a pair of ridges on the back region of the bracelet on either side of the hinger that would increase grip between the assembly and a body part of a user.
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Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to make Pinks’ bracelet as a hinged type c-shaped bracelet with ridges to make it easier to place and remove the bracelet from a user’s wrist while also increasing the grip between the bracelet and the wrist of the user.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mellinger, Daga, Hannan, Kruse, Ridgeway, Blair, Jannard, McNulty, Humphreys, and Wanderer all discloses bead-like identifiers attached to the frame of eyeglasses or to a jewelry chain.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 and 20-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677