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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on November 10, 2025 has been entered.
Claim Objections
Claim 8 is objected to because of the following informalities: the recitation “a lateral edge configured” (lines 15 - 16) should be replaced with -- a lateral edge is configured --. Appropriate correction is required.
Claim 28 is objected to because of the following informalities: the recitation “a lateral edge configured” (line 15) should be replaced with -- a lateral edge is configured --. Appropriate correction is required.
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(s) 1, 2, 7, 23 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey, US 9,155,359.
Regarding claim 1, Bailey discloses a buckle [for use with a strength training belt] comprising: a housing (24, 36) comprising a first opening (defined by the lever 24 and the housing 36) [to receive a first end of the strength training belt] and a second opening (34) configured [to receive and releasably secure a second end of the strength training belt], wherein the first end is opposite the second end (see figure 1); an actuatable latch (40) that comprises a lateral edge (a bottom end of the latch 46) [configured to lock against and unlock from the strength training belt] and a button (42) that is mounted on an outer surface of the housing (24, 36), such that an outermost surface of the button (42) is flush with the outer surface of the housing (24, 36) in which the button is mounted (figure 1); and a compressible coil (54) positioned within a cavity (see figure 3) of the housing (24, 36); wherein the actuatable latch (40) is located entirely internal to and within the housing; wherein the button (42) of the actuatable latch (40) is placed over the compressible coil (54); wherein the housing (24, 36) comprises an opening (see figure 4) for the actuatable latch (40) to cooperate with [and releasably secure the second end of the strength training belt]; [wherein a leading edge of the actuatable latch (40) is configured to engage with a ribbed surface of the strength training belt]; and wherein, when the button (42) is pressed downwardly, the lateral edge of the actuatable latch (40) is pivoted upwardly and, when the button (42) is at rest, the compressible coil biases the button (42) upwardly (figure 3) and the lateral edge of the actuatable latch (40) is biased downwardly (see figure 4) [toward the ribbed surface of the strength training belt].
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the buckle, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the belt fastener disclosed by Bailey (US 9,155,359), is indeed capable of the intended use statements. 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.
Regarding claim 2, Bailey teaches the buckle of claim 1, wherein the housing (24, 36) comprises a recess (72) [to receive a removeable plate].
Regarding claim 7, Bailey teaches the buckle of claim 1, comprising a dowel (an axle pin having an axis 52; see figures 1 and 3), wherein the actuatable latch (40) is pivotable about the dowel (having the axis 52).
Regarding claim 23, Bailey discloses the buckle of claim 1, wherein the actuatable latch (40) is positioned in a center of the housing (24, 36).
Regarding claim 24, Bailey discloses the buckle of claim 1, wherein the actuatable latch (40) and the button (42) are **molded into** a single piece.
**Examiner notes that even though a product-by-process claim is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985).
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) 8, 10, 15, 20 - 22 and 25 - 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bailey, US 9,155,359.
Regarding claim 8, Bailey discloses a strength training belt (a wide variety of materials such as straps and the like), [for strength training] comprising: a buckle (22) secured to a first end (an end of 66 for having a cavity for engaging with the strap) of the strength training belt (the strap); and a ribbed surface (of a strap 12; see figure 2) at a second end (18) of the strength training belt (the strap attached to 12), the ribbed surface comprising a plurality of ribs (17), wherein: each rib (17) of the plurality of ribs comprises a flat side (19) and a sloped side (the inclined surface); wherein the buckle (22) comprises: a housing (24, 36) comprising a first opening (within 66) to receive the first end (see figure 4) of the strength training belt (the strap) and a second opening (opposite to the first opening) configured to receive and releasably secure the second end (see element 20; figure 4) of the strength training belt (the strap), wherein the first end (figure 4) is opposite the second end (figure 4); an actuatable latch (40) secured within the housing (24, 36), the actuatable latch comprising a button (42) and a lateral edge (orthogonal edge portion of 46) configured to selectively lock against and unlock from the strength training belt (having the ribbed surface with the ribs 17); and a compressible coil (54) positioned within a cavity (see figure 3) of the housing (24, 36); wherein the button (42) of the actuatable latch (40) is placed over the compressible coil (54), such that the button (42) compresses the compressible coil (54) when the button (42) is actuated; wherein the housing (24, 36) comprises an opening (see figure 4) for the actuatable latch (40) to cooperate with and releasably secure the second end (12) of the strength training belt (the strap); wherein a leading edge (of the lateral edge) of the actuatable latch (40) is configured to engage with the ribbed surface (17) of the strength training belt (the strap); and wherein, when the button (42) is pressed downwardly to compress the compressible coil (54), the lateral edge of the actuatable latch (40) is pivoted upwardly (via an axle 52) and, when the button (42) is at rest, the compressible coil (54) biases the button (42) upwardly and the lateral edge of the actuatable latch (40) is biased downwardly toward the ribbed surface (having the ribs 17) of the strength training belt (the strap).
Bailey does not explicitly disclose an angle of the sloped side between 30° and 45°; and/or adjacent ribs of the plurality of ribs are spaced apart from each other at a pitch of about 0.25 inches.
The examiner takes Official Notice that it is known in the ratchet buckle art to modify the sloped side or the inclined angle (of the ribs) for a smoother tightening of the ratchet mechanism and/or modify the pitch (spacing) of the ribs for improved holding force and durability. Such a design would be considered for high-load but not a fine tuning ratchet system. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ribs of Bailey to have the claimed angle and/or spacing in order to provide a smooth operation (angle) of the ratcheting and/or a higher load on the belt due to the pitch (spacing) of the ribs. It is further noted that the claimed incline provides easy forward ratcheting (due to the moderate range) and optimal for hand operation and/or the claimed spacing provides stronger and more durable ribs that are suitable for molded plastics or flexible polymer straps. Further, it is noted that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 10, Bailey teaches the buckle of claim 8. Bailey further discloses wherein the housing (24, 36) comprises a recess (72) [to receive a removeable plate].
Regarding claim 15, Bailey teaches the buckle of claim 8. Bailey further discloses a dowel (an axle pin having an axis 52; see figures 1 and 3), wherein the actuatable latch (40) is pivotable about the dowel (having the axis 52).
Regarding claim 20, Bailey teaches the buckle of claim 8. Bailey further discloses wherein the actuatable latch (40) is positioned in a center of the housing (24, 36).
Regarding claim 21, Bailey teaches the buckle of claim 8. Bailey further discloses wherein the actuatable latch (40) and the button (42) are **molded into** a single piece.
Regarding claim 22, Bailey teaches the buckle of claim 8. Bailey does not expressly teach wherein the actuatable latch (40) and the button (42) are separate parts. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to make the latch piece and the button piece separable, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 25, Bailey discloses the buckle of claim 1 except for wherein the actuatable latch (40) and the button (42) are separate parts. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to make the latch piece and the button piece separable, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 26, Bailey teaches the strength training belt of claim 8. Bailey further discloses wherein the button (42) is mounted on an outer surface of the housing (24, 36), such that an outermost surface of the button (42) is flush (see figure 1) with the outer surface of the housing (24, 36) in which the button (42) is mounted when the button is biased upwardly by the compressible coil (54).
Regarding claim 27, Bailey teaches the strength training belt of claim 26. Bailey further discloses wherein the actuatable latch (40) is located entirely internal to and within (figure 4) the housing (24, 36).
Regarding claim 28, Bailey discloses a strength training belt, comprising: a buckle (22) secured to a first end of the strength training belt (a strap attached to said buckle); and a ribbed surface (having ribs 17) at a second end of the strength training belt (the strap), the ribbed surface comprising a plurality of ribs (17), wherein: each rib (17) of the plurality of ribs comprises a flat side and a sloped side (see figure 2); wherein the buckle (22) comprises: a housing (24, 36) comprising a first opening (within 66) to receive the first end (see figure 4) f the strength training belt (the strap) and a second opening (opposite to the first opening) configured to receive and releasably secure the second end (see element 20; figure 4) of the strength training belt (the strap), wherein the first end (figure 4) is opposite the second end (figure 4); an actuatable latch (40) secured within the housing (24, 36), the actuatable latch comprising a button (42) and a lateral edge (orthogonal edge portion of 46) configured to selectively lock against and unlock from the strength training belt (having the ribbed surface with the ribs 17); and a compressible coil (54) positioned within a cavity (see figure 3) of the housing (24, 36); wherein the button (42) of the actuatable latch (40) is placed over the compressible coil (54), such that the button (42) compresses the compressible coil (54) when the button (42) is actuated; wherein the housing (24, 36) comprises an opening (see figure 4) for the actuatable latch (40) to cooperate with and releasably secure the second end (12) of the strength training belt (the strap); wherein a leading edge (of the lateral edge) of the actuatable latch (40) is configured to engage with the ribbed surface (17) of the strength training belt (the strap); and wherein, when the button (42) is pressed downwardly to compress the compressible coil (54), the lateral edge of the actuatable latch (40) is pivoted upwardly (via an axle 52) and, when the button (42) is at rest, the compressible coil (54) biases the button (42) upwardly and the lateral edge of the actuatable latch (40) is biased downwardly toward the ribbed surface (having the ribs 17) of the strength training belt (the strap).
Bailey does not explicitly disclose an angle of the sloped side being between 30° and 45°; and adjacent ribs of the plurality of ribs are spaced apart from each other at a pitch of about 0.25 inches. The examiner takes Official Notice that it is known in the ratchet buckle art to modify the sloped side or the inclined angle (of the ribs) for a smoother tightening of the ratchet mechanism and to modify the pitch (spacing) of the ribs for improved holding force and durability. Such a design would be considered for high-load but not a fine tuning ratchet system. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ribs of Bailey to have the claimed angle and spacing in order to provide a smooth operation (angle) of the ratcheting and a higher load on the belt due to the pitch (spacing) of the ribs. It is further noted that the claimed incline provides easy forward ratcheting (due to the moderate range) and optimal for hand operation and/or the claimed spacing provides stronger and more durable ribs that are suitable for molded plastics or flexible polymer straps. Further, it is noted that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 29, Bailey teaches the strength training belt of claim 28. Bailey further discloses wherein: the button (42) is mounted on an outer surface of the housing (24, 36), such that an outermost surface of the button (42) is flush with the outer surface of the housing (24, 36) in which the button (42) is mounted when the button (42) is biased upwardly by the compressible coil (54); and the actuatable latch (40) is located entirely internal to and within the housing (24, 36).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 7, 8, 10, 15 and 20 - 25 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677