DETAILED ACTION
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 with respect to claim(s) 1-12, 21-23 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.
Information Disclosure Statement
The information disclosure statements filed 6/9/2023, 10/15/2024, 2/6/2025, fail to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Examiner notes that most foreign references are not provided with an English copy, an English abstract, or any other means to show why the foreign references are relevant.
Drawings
The drawings were received on 5/6/2026. These drawings are entered.
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.
Claim(s) 1-4, 11-12, 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH696575 Hartzband in view of 2003/0008168 Shibuya.
Regarding claim 1, Hartzband discloses a band link (center square link of figure 3) comprising:
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a base layer 12 formed of a first metallic material (carbon fiber, claim 12); and
a cover layer 13 formed of a second metallic material (carbon fiber, claim 2), wherein the cover layer 13 is stacked on one side of the base layer 12 in a stacking direction (at least one layer above the base layer in the stacking direction, see annotated figure 3), wherein the base layer 12 defines:
a first hole for receiving a first coupling member 24 for coupling the band link to a first additional band link (additional square link via side link 11);
a second hole for receiving a second coupling member 24 for coupling the band link to a second additional band link (additional square link via side link 11); and
a third hole (as annotated) for receiving a fastening portion 24 for fastening a link cover to cover a side of the base layer in a width direction of the band link (link cover 15) and one of the first coupling member and the second coupling member (as shown in figure 3), and
wherein the first hole, the second hole and the third hole extend in the width direction of the band link (as annotated in figure 3), and the width direction intersects the stacking direction and a coupling direction in which the band link, the first additional band link and the second additional band link are coupled (as shown in figure 3 of Hartzband).
Hartzband discloses one or both of the base and cover layers are “metallic” in that they are carbon fiber, carbon being a metal. Hartzband does not clearly disclose the cover layer being a different metallic layer than the base layer.
Shibuya discloses a watch band 25 (figure 10) formed of a base layer 2 formed of a first metallic material (stainless steel [0143]) and a cover layer 26 formed of a second metallic material that is different from the first metallic material (“iron based amorphous alloy” [0146]), the cover layer 26 being stacked on one side of the base layer (figure 10), the base layer and the cover layer being formed of one piece.
It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize the material of the film/cover as well as the base of taught by Shibuya on a watch band, such as the watch band of Hartzband, for purposes of “excellent corrosion resistance…and high mechanical strength” (Shibuya [0010]). The film could also be used as a “highly mirror polished surface” (also [0010]). Note that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. See MPEP 2144.07.
Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. MPEP 2114. Examiner notes the phrases in italics above, and throughout the action, are considered intended use. Examiner contends that the structure capable of performing the intended use is met in the prior art, and is described how the structure disclosed performs the claimed functions in the parentheses; therefore, all italicized language is considered and shown in the prior art. Further, examiner notes that the disclosed structure is capable of performing the intended use claimed by applicant.
Regarding claim 2, Hartzband as modified discloses the band link of Claim 1, wherein the second metallic material (layer 26 of Shibuya is amorphous alloy) has a higher hardness than the first metallic material (stainless steel is “soft” [0002] Shibuya).
Regarding claim 3, Hartzband as modified discloses the band link of Claim 1, wherein the first metallic material is Ti (soft material can be a titanium alloy, [0016] Shibuya), and the second metallic material comprises chromium and molybdenum mixed in cobalt (film containing cobalt [0028] Shibuya “55-95 atomic % cobalt”).
Regarding claim 4, Hartzband as modified discloses a watch band (title) comprising the band link of claim 1; one or more of the first additional band link (links “forward” of the square link of claim 1) and the second additional band link (links “backwards” of the square link of claim 1); and
one or more of the first coupling member 24 corresponding to the first additional band link and the second coupling member 24 corresponding to the second additional band link.
Regarding claims 11 and 12, Hartzband as modified discloses a watch comprising the band link of claims 1 and 4 as discussed above, a watch case to which the band link is attached (“its end fixed to the watch”); and a module (inner workings of the watch) disposed in an accommodation portion (center) of the watch case (as is common in the art of watches, and taught by Hartzband).
Regarding claims 21 and 22, Hartzband as modified discloses the watch band of Claim 4, wherein the base layer (12 of Hartzband) is completely encased by the cover layer 13.
Shibuya discloses film/layer 26 is only on the top surface (figures 8 and 9) while the base of Shibuya is disclosed not to have a layer on the bottom side. This exposes the base layer to the wearer.
It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize the cover layer 13 of Hartzband only on the visible side of the base layer 12, exposing the base layer against the wearer in the manner taught by Shibuya, as this would reduce the amount of material needed for the aesthetic cover layer, and therefore cost less to manufacture.
Regarding claim 23, Hartzband as modified discloses the watch band of claim 4, further comprising: the link cover 15, wherein the link cover 15 defines a fastening hole for receiving the fastening portion (each of the three holes of cover 15 receives a fastening portion 24); and the fastening portion 24, wherein the fastening portion is configured to fasten the link cover to the band link by passing through the fastening hole and the third hole (as is shown in figure 3).
Claim(s) 7, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartzband as applied to claim 4 above, and further in view of 7191586 Yamamoto.
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Regarding claim 7, Hartzband as modified discloses the watch band of claim 4, comprising: wherein the band comprises: a first projection portion (created by side links 11) on one side of the band link in the coupling direction (the projection of the side links 11 has one through hole for 24, shown in figure 2), wherein the first hole extending in the width direction is defined in the first projection portion (as taught in figure 2); and
a second projection portion (in the center of the watch band, created by the square watch band link) on another side of the band link in the coupling direction (which is opposite of the projection of side links 11 with one hole), wherein the second hole extending in the width direction is defined in the second projection portion (as shown in figure 2).
Hartzband discloses that the band link (which is the square center link as discussed in claim 1) comprises the “second projection”, but does not unitarily provide the “first projection”, since the “first projection” is created by the side links 11 in Hartzband.
Yamamoto discloses a watch band which comprises a unitary link having the center projection portion and the side projection portions on opposite sides of the link, in a unitary band link, in an old and well known shape of watch links. All links of the Yamamoto watch band have identical shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date to make the side links 11 and the center band link 12 of Hartzband as a unitary link, in the old and well known manner taught by Yamamoto, as this does not alter the form, function, or use, of the Hartzband link. It has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. See MPEP 2144.04 (V) (b). A change of shape is considered a matter of choice. See MPEP 2144.04 (IV) (b). Examiner contends that making the side links 11 and the center link 12 unitary in the manner of Yamamoto makes the assembly of the watch band have less pieces and less time to assemble.
Regarding claim 9, Hartzband as modified discloses the watch band of claim 7, wherein the first additional band link (identical in shape to the modified band link in claim 7) comprises a projection portion (created by the side link 11 unitary with center link of Hartzband) on one side of the first additional band link in the coupling direction, wherein a hole extending in the width direction is defined in the projection portion of the first additional band link, (identical to the link of claim 7) wherein the second additional band link comprises a projection portion on one side of the second additional band link in the coupling direction, wherein a hole extending in the width direction is defined in the projection portion of the second additional band link, (all links are identical in shape to that of claim 7) wherein the hole defined by the projection portion of the first additional band link is aligned with the first hole of the first projection portion of the band link, and wherein the hole defined by the projection portion of the second additional band link is aligned with the second hole of the second projection portion of the band link (please see annotated Hartzband figure 2 above regarding the integral watch band).
Regarding claim 10, Hartzband as modified discloses the watch band of claim 9, further comprising: the first coupling member 24; and the second coupling member 24, wherein the hole defined by the projection portion of the first additional band link is aligned with the first hole of the first projection portion of the band link (as shown in annotated figure 2) to receive the first coupling member therein to couple the first additional band link and the band link (as is shown in figure 2), and wherein the hole defined by the projection portion of the second additional band link is aligned with the second hole of the second projection portion of the band link to receive the second coupling member therein to couple the second additional band link and the band link (as shown in figure 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see 892.
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 EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677
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