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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 17 February 2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plural ventilation holes must be shown or the feature(s) canceled from the claim(s). The drawings appear to only show a singular ventilation hole. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Drawings were received on 13 January 2026. These drawings are unacceptable. It is unclear if any changes to the drawings were made. Any apparent changes were not explained in detail, in either the drawing amendment or remarks section of the amendment paper.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, lines 20, 22, 25 and 29, the phrases “locking shoulders” should be replaced by --locking projections-- to coincide with the terminology already used within the Specification.
In claim 1, line 20 the term “slated” should be replaced by --slanted--.
Appropriate correction is required.
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 1-3, 6 and 8 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. The last line of Claim 1 describes a snap-fit engagement. The original disclosure does not provide support for this specific manner of coupling between the cap and guide rod. Claims 2, 3, 6 and 8 inherit these issues of new matter.
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), Shea (US 5,690,534) 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 ventilation holes and a whistle cap fitted to the front end portion of the guide rod to allow a passage to be formed on the front opening of the guide rod; wherein the guide rod includes slanted inner surfaces formed on an inner surface at the front end portion, and locking shoulders 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 shoulders 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 shoulders, 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 through a snap-fit engagement.
Foxcroft et al. teach ventilation holes (24c, 26c).
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.
Shea teaches a whistle cap (16).
From this teaching of Shea, it would have been obvious to one of ordinary skill before the effective filing date of the invention to provide a whistle cap to the whistle opening as a means for adjusting the airflow towards the ventilation holes. 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 shoulders (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 shoulders.
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., Shea 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 to allow a passage to be formed on the front opening of the guide rod; wherein the guide rod includes slanted inner surfaces formed on an inner surface at the front end portion, and locking shoulders 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 shoulders 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 shoulders, 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 through a snap-fit engagement.
Foxcroft et al. teach ventilation holes (24c, 26c).
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.
Shea teaches a whistle cap (16).
From this teaching of Shea, it would have been obvious to one of ordinary skill before the effective filing date of the invention to provide a whistle cap to the whistle opening as a means for adjusting the airflow towards the ventilation holes. 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 shoulders (302) define by a step increase in an inner diameter (Fig. 14 as shown), a whistle cap (310) includes protrusions (312) to engage with the shoulders.
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 Millan 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. and Shea as applied to claim 1 above, and further in view of Milward et al. (US 2021/0169180).
Regarding claim 2, 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 13 January 2026 have been fully considered but they are not persuasive. The claims amendments have been addressed above. Applicant’s arguments appear to be centered upon the differences between the cap of Shea and the cap of Paik et al. Applicant notes the different location of each cap. However, the teaching of Paik et al. is introduced to show the method of joining whistle interior components was known in the prior art. The equivalence of the cap’s in function is irrelevant.
Conclusion
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