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 .
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (US 10,219,587) in view of Foxcroft et al. (US 4,821,670), Jang (US 5,611,615) and Paik et al. (US 10,512,308).
Regarding claim 1, Chan et al. discloses an apparatus with a whistle (46), comprising:
a plug member (20, 40) having lock arms (23, 24) extending forward from both sides of a base and a guide rod (41) extending forward from the base in such a way as to be located between the lock arms (Figs. 1 and 8 as shown); and
a socket member (30) having a chamber open on a front end thereof by means of an upper plate and a lower plate located to face each other so that the socket member is coupled to the plug member (chamber is defined by indentation 37 and sidewalls annotated below as upper and lower plates in Fig. 2), the chamber is allowed to accommodate the guide rod therein (Fig. 1 as shown),
wherein the guide rod is configured as the whistle, and when the plug member is coupled to the socket member, the whistle is accommodated in the chamber (Fig. 1 as shown),
wherein the whistle comprises:
the guide rod extending integrally from the base of the plug member (Fig. 2 as shown), having a front opening (46) at a front end portion thereof, a space portion formed therein (Fig. 2 shows an opening exposing a space formed in the distal end of 41) and communicating with the front opening (Fig. 2 as shown), and an air ventilation hole (Fig. 4 shows an air ventilation hole on the side thereof) formed close to the front end portion thereof to allow the space portion to communicate with the outside.
Chan et al. fails to disclose an air ventilation hole and a whistle cap fitted to the front end portion of the guide rod and having an upper surface, wherein a passage is formed between an inner surface of the guide rod and the upper surface of the whistle cap at a portion of the front opening of the guide rod, and the upper surface of the whistle cap is inclined relative to the inner surface of the guide rod such that a gap defining the passage decreases toward an inside of the guide rod; wherein the guide rod includes slanted inner surfaces formed on an inner surface at the front end portion, and locking projections formed at distal ends of the slanted inner surfaces, the slanted inner surfaces being tapered to widen outwardly toward the front opening at the front end portion, the locking projections being defined by a stepped increase in an inner diameter of the guide rod, and wherein the whistle cap includes locking protrusions configured to correspond to and engage with the locking projections, such that, during insertion of the whistle cap through the front opening into the guide rod, the locking protrusions are pressurized against the locking projections to allow the whistle cap to come into close contact with the front end portion of the guide rod and be coupled thereto.
Foxcroft et al. teach a ventilation holes (24c).
From this teaching of Foxcroft et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to include multiple ventilation holes to the whistle as the provision of plural holes provides complex harmonics that enhances the audibility of the whistle tone.
Jang teaches a whistle cap (16) having an upper surface wherein a passage formed between the upper surface and the opposed surface (Fig. 4 as shown), wherein the upper surface is inclined relative to the opposed surface such that a gap defining the passage decreases (Fig. 4 as shown).
From this teaching of Jang, it would have been obvious to one of ordinary skill before the effective filing date of the invention to provide a whistle cap that is inclined from the whistle opening towards an interior as a means for adjusting the airflow towards the ventilation holes such that the air speed is increased to produce the desired volume and frequency for the whistle. Separate whistle caps reduce manufacturing complexity by providing a separate structure whose details are not limited by molding difficulties.
Paik et al. teach a slanted inner surface (301) tapered to widen toward an opening (Fig. 14 as shown), locking projections (302) defined by a stepped increase in an inner diameter (Fig. 14 as shown), a whistle cap (310) includes protrusions (312) to engage with the projections.
From this teaching of Paik et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to secure the whistle cap of Shea to the interior of whistle of Chan et al. with the slanted walls, protrusion and shoulders to reduce the parts required to install the whistle cap reducing complexity and simplifying assembly.
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Figure 2 of Chan et al.
Regarding claim 6, Chan et al. further discloses wherein the plug member or the socket member has a cross bar and a strap hooking bar (25, 28) selectively located on one side of a body thereof to connect a strap or belt thereto.
Regarding claim 8, Chan et al. further discloses wherein the plug member or the socket member has a connection member (34) provided integrally with one side of the body thereof.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Millan (US 2014/0109615) in view of Foxcroft et al., Jang and Paik et al.
Regarding claim 1, Millan discloses an apparatus with a whistle (80), comprising:
a plug member (35) having lock arms (Fig. 2 shows two opposed lock arms) extending forward from both sides of a base and a guide rod (80) extending forward from the base in such a way as to be located between the lock arms (Fig. 2 as shown); and
a socket member (45) having a chamber (90) open on the front end thereof by means of an upper plate and a lower plate located to face each other so that the socket member is coupled to the plug member (Fig. 2 as shown), the chamber is allowed to accommodate the guide rod therein (Fig. 1 as shown),
wherein the guide rod is configured as the whistle, and when the plug member is coupled to the socket member, the whistle is accommodated in the chamber (Fig. 1 as shown),
wherein the whistle comprises:
the guide rod extending integrally from the base of the plug member, having a front opening at a front end portion thereof (Fig. 2 as shown), a space portion formed therein and communicating with the front opening (Fig. 2 as shown).
Millan fails to disclose ventilation holes and a whistle cap fitted to the front end portion of the guide rod and having an upper surface, wherein a passage is formed between an inner surface of the guide rod and the upper surface of the whistle cap at a portion of the front opening of the guide rod, and the upper surface of the whistle cap is inclined relative to the inner surface of the guide rod such that a gap defining the passage decreases toward an inside of the guide rod, wherein the guide rod includes slanted inner surfaces formed on an inner surface at the front end portion, and locking projections formed at distal ends of the slanted inner surfaces, the slated inner surfaces being tapered to widen outwardly toward the front opening at the front end portion, the locking projections being defined by a stepped increase in an inner diameter of the guide rod, and wherein the whistle cap includes locking protrusions configured to correspond to and engage with the locking projections, such that, during insertion of the whistle cap through the front opening into the guide rod, the locking protrusions are pressurized against the locking shoulder to allow the whistle cap to come into close contact with the front end portion of the guide rod and be coupled thereto.
Foxcroft et al. teach a ventilation hole (24c).
From this teaching of Foxcroft et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to include multiple ventilation holes to the whistle as the provision of plural holes provides complex harmonics that enhances the audibility of the whistle tone.
Jang teaches a whistle cap (16) having an upper surface wherein a passage formed between the upper surface and the opposed surface (Fig. 4 as shown), wherein the upper surface is inclined relative to the opposed surface such that a gap defining the passage decreases (Fig. 4 as shown).
From this teaching of Jang, it would have been obvious to one of ordinary skill before the effective filing date of the invention to provide a whistle cap that is inclined from the whistle opening towards an interior as a means for adjusting the airflow towards the ventilation holes such that the air speed is increased to produce the desired volume and frequency for the whistle. Separate whistle caps reduce manufacturing complexity by providing a separate structure whose details are not limited by molding difficulties.
Paik et al. teach a slanted inner surface (301) tapered to widen toward an opening (Fig. 14 as shown), locking projections (302) defined by a stepped increase in an inner diameter (Fig. 14 as shown), a whistle cap (310) includes protrusions (312) to engage with the projections.
From this teaching of Paik et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to secure the whistle cap of Shea to the interior of whistle of Chan et al. with the slanted walls, protrusion and shoulders to reduce the parts required to install the whistle cap reducing complexity and simplifying assembly.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Millan, Foxcroft et al. Jang and Paik et al. as applied to claim 1 above, and further in view of Milward et al. (US 2021/0169180).
Regarding claims 2-3, Millan discloses the invention except for wherein the chamber of the socket member is divided into a central chamber for accommodating the guide rod therein and coupling chambers formed on both sides of the central chamber to insert the lock arms of the plug member thereinto; wherein the central chamber and the coupling chambers of the socket member are divided by means of partitions, and the inner top and bottom of the central chamber face each other to form a guide groove therebetween so that the guide rod is smoothly inserted into the central chamber through the guide groove.
Milward et al. teach a central chamber (130) and coupling chambers (114, 116) separated by partitions (122, 124).
From this teaching of Milward et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to include separate chambers defined by partitions within the buckle body of Millan wherein the entrance of the central chamber defines a guide groove as such a configuration would ensure proper alignment of the male and female members during insertion and enhance the structural strength of the female member.
Response to Arguments
Applicant's arguments filed 26 June 2026 have been fully considered but they are not persuasive. Examiner has introduced the Jang reference above to demonstrate slanted top surfaces for whistle caps were known and used within the art.
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 MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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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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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
