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 filed 9/3/25 have been fully considered but they are not persuasive.
Regarding Applicant’s argument stating Qvarnstrom’s fastener does not lock to the metal wire links, Examiner agrees. However, Qvarnstrom in view of Nam discloses a spring clasp wherein the clasp does lock onto the metal wire links.
Regarding Applicant’s arguments stating modifying Qvarnstrom to exclude wire links would affect the cooperation of the neck chain and the gripping member, Examiner notes that the modification of Qvarnstrom is only affecting the decorative portion of the chain and would leave the extender still able to operate as intended.
Regarding Applicant’s arguments stating Qvarnstrom does not disclose a clasp that can pass through the opening of the ring, Examiner notes one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Specifically that Qvarnstrom does not disclose a fastener that passes through the opening of the ring. Qvarnstrom discloses the eye 20 operating at a fastener passes through the opening and is modified by Nam to replace the eye with a clasp and reads on the claim.
Examiner holds rejection over the prior art.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 3, 5-20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Qvarnstrom US 1124518 in view of Nam US 11058190.
Regarding claim 1, Qvarnstrom discloses a jewelry article for positioning circumferentially around a body part, wherein the article comprises:
a main segment (10) configured to loop at least partially around the body part and having a first end (left portion of 10 @ 18) and a second end (right portion of 10 @ 11) opposite the first end,
a ring (11) attached to the second end of the main segment, said ring defining a center opening;
an extender for the main segment, the extender comprising metal wire links connected to form a chain, the metal wire links configured for the removable connection of a fastener, the extender configured to loop at least partially around the body part and having a first end (17) and a second end opposite the first end, wherein the first end of the main segment is attached to the second end of the extender and the first end of the extender passes through the center opening of the ring and extends beyond the ring, thereby providing a variable circumferential loop defined by the distance between the ring and the location on the extender at which the extender passes through the opening of the ring;
and a fastener (18) attached to the first end (17) of the extender and configured to removably connect the first end of the extender to at least one of the metal wire links of the chain of wire links of a portion of the extender between the first end of the main segment and the ring;
wherein the ring and the fastener are configured so that the fastener is larger than the opening of the ring such that it cannot pass through the ring opening (Figure 1 and 2).
Examiner is interpreting the limitation “removably connect” to be a sufficiently broad limitation. The slider fastener 18 of Qvarnstrom is able to attach and slidable detach from one part of the extender and therefore reads on the claim limitation.
Qvarnstrom does not disclose wherein the main segment does not include metal wire links connected to form a chain and wherein the fastener is a clasp and wherein the fastener is configured to removably lock the first end of the extender to at least one of the metal wire links of the chain of wire links of a portion of the extender between the first end of the main segment and the ring.
Nam discloses a jewlery item with an extender (690) wherein the main segment (6023) does not include metal wire links connected to form a chain (Nam, Column 6 lines 18-22, “the strands can be made of any jewelry material such as gold, silver, platinum, etc.; can be solid, chain or any other form; may have separate sections or be continuous stand; and may be plain, decorative or mixed styles”, Column 10 lines 20-21, “strand 6023 is similar to strand 1023”) and wherein the fastener is a clasp (603) (Nam, Column 10 lines 28-31, couplers 306 e.g. spring ring clasps) and wherein the fastener is configured to removably lock the first end of the extender to at least one of the metal wire links of the chain of wire links of a portion of the extender between the first end of the main segment and the ring.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the main segment to not have metal wire links as taught by Nam to have a more aesthetic and decorative look to the jewelry item and to modify the connection attachment of the fastener of Qvarnstrom with the connection of a coupler as taught by Nam in order to have an easily removable jewelry connection to attach two portions of a piece of jewelry and to lock the first end of the extender to the wire links for a secure attachment.
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Regarding claim 3, Qvarnstrom in view of Nam discloses wherein the main segment is a bracelet or necklace (Qvarnstrom, lines 10-11).
Regarding claim 5, Qvarnstrom in view of Nam discloses wherein the main segment is a metal band (Nam, Column 6 lines 18-22).
Regarding claim 6, Qvarnstrom in view of Nam discloses wherein the metal band comprises a precious metal (Nam, Column 6 lines 18-22).
Regarding claim 7, Qvarnstrom in view of Nam discloses wherein the precious metal is gold or silver (Nam, Column 6 lines 18-22).
Regarding claim 17, Qvarnstrom in view of Nam discloses a method of securing a jewelry article around a body part, comprising the steps of:
a. positioning the circumferential loop of the jewelry article around a body part for which it is configured;
b. pulling the extender and the clasp (Nam, 603) of the jewelry article to draw more of the extender through the ring (Qvarnstrom, 11) and shorten the loop circumference to a desired degree of snugness;
c. doubling back the extender and the clasp in the direction of the first end of the main segment; and
d. removably connecting the clasp to at least one of the metal wire links of the chain or wire links between the first end of the main segment and the ring, to which the fastener is configured to removably attach (Qvarnstrom, Fig 1 and 2).
Examiner is interpreting the limitation “removably connect” to be a sufficiently broad limitation. The slider fastener 18 of Qvarnstrom is able to attach and slidable detach from one part of the extender and therefore reads on the claim limitation.
Qvarnstrom does not disclose wherein the fastener is a clasp and wherein the clasp is removably locked.
Nam discloses wherein the fastener is a clasp (603) (Nam, coupler, Column 6 lines 23-33) and is removably locked.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the connection attachment of the fastener of Qvarnstrom with the connection of a coupler as taught by Nam in order to have an easily removable jewelry connection to attach two portions of a piece of jewelry and to lock the clasp for a more secure connection.
Regarding claim 18, Qvarnstrom in view of Nam discloses wherein the body part is a wrist, ankle, neck or waist (Qvarnstrom, lines 10-11).
Regarding claim 19, Qvarnstrom in view of Nam discloses wherein the main segment and the extender comprise connected metal wire chain links (Qvarnstrom, Figure 1 and 2, lines 48-50).
Regarding claim 16, Qvarnstrom discloses a jewelry article for positioning circumferentially around a body part, wherein the article comprises:
a main segment (10) configured to loop around a body part and having a first end and a second end opposite the first end;
an extender for the main segment, configured to loop around the body part and having a first end and a second end opposite the first end, wherein the first end of the main segment is attached to the second end of the extender;
a fastener (20) attached to the first end of the extender;
and a ring (11) attached to the second end of the main segment, said ring defining a center opening;
wherein the extender and the fastener are configured to pass through the center opening of the ring, and the fastener is configured to removably connect the first end of the extender to a portion of the extender between the first end of the main segment and the ring wherein the ring and the fastener are configured so that the fastener is smaller than the opening of the ring such that the fastener can pass through the opening of the ring (Figure 1 and 2).
Examiner in interpreting “removably connect” to be a sufficiently broad limitation. The fastener 20 of Qvarnstrom is able to be removed from the first end of the extender and therefore reads on the limitation of “removably connect.”
Qvarnstrom does not disclose wherein the fastener is a clasp.
Nam discloses wherein the fastener is a clasp (603) (Nam, coupler, Column 6 lines 23-33).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the connection attachment of the fastener of Qvarnstrom with the connection of a coupler as taught by Nam in order to have an easily removable jewelry connection to attach two portions of a piece of jewelry.
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Regarding claim 8, Qvarnstrom in view of Nam discloses wherein the main segment comprises a plurality of metal wire links connected to form a chain (Figure 1 and 2).
Regarding claim 9, Qvarnstrom in view of Nam discloses the invention except wherein the metal wire links comprise a precious metal.
Nam discloses wherein the metal wire links comprise a precious metal (Nam Column 6 lines 18-22).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the chain of Qvarnstrom to comprise precious metal as taught by Nam for aesthetic and decorative purposes.
Regarding claim 10, Qvarnstrom in view of Nam discloses wherein the precious metal is gold or silver (Nam Column 6 lines 18-22).
Regarding claim 11, Qvarnstrom in view of Nam discloses wherein the extender comprises a plurality of metal wire links connected to form a chain (Figure 1 and 2, lines 48-50).
Regarding claim 12, Qvarnstrom in view of Nam discloses the invention wherein the metal wire links comprise a precious metal).
Nam discloses wherein the metal wire links comprise a precious metal (Nam Column 6 lines 18-22)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the chain of Qvarnstrom to comprise precious metal as taught by Nam for aesthetic and decorative purposes.
Regarding claim 13, Qvarnstrom in view of Nam discloses wherein the precious metal is gold or silver (Nam Column 6 lines 18-22).
Regarding claim 14, Qvarnstrom in view of Nam discloses wherein the main segment and extender comprise connected metal wire chain links identical in size and composition (Figure 1 and 2, lines 48-50).
Regarding claim 15, Qvarnstrom in view of Nam discloses wherein the jewelry article is configured as a wrist bracelet, ankle bracelet, necklace or belly chain (Qvarnstrom, lines 10-11).
Regarding claim 23, Qvarnstrom in view of Nam discloses wherein the main segment (Nam, 6023) comprises connected metal wire chain links and the extender (Nam, 690) comprises connected metal wire chain links that are different in size or composition than the connected metal wire chain links of the main segment (Nam, Figure 6A-6C, column 10 lines 28-31).
It would have been obvious to one skilled in the art before the effective filing date of the invention to have modified the extender chain links of Qvarnstrom to be larger than the main segment chain links as taught by Nam in order for aesthetic purposes and so that the openings of the chain links are sufficiently wide to removably connect with end couplers.
Regarding claim 20, Qvarnstrom discloses a method of securing a jewelry article around a body part, comprising the steps of:
a. positioning the jewelry article around a body part for which it is configured;
b. passing the extender and the fastener of the jewelry article through the ring on the end of the main segment at the opposite end of the jewelry article;
c. pulling the extender and the fastener of the jewelry article to draw more of the extender through the ring to shorten the loop circumference to a desired degree of snugness;
d. doubling back the extender and fastener in the direction of the first end of the main segment; and
e. removably connecting the fastener to an opening on the extender between the first end of the main segment and the ring, to which the fastener is configured to removably attach.
Qvarnstrom does not disclose wherein the fastener is a clasp and wherein the clasp is removably locked.
Nam discloses wherein the fastener is a clasp (603) (Nam, coupler, Column 6 lines 23-33) and wherein the clasp is removably locked.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the connection attachment of the fastener of Qvarnstrom with the connection of a coupler as taught by Nam in order to have an easily removable jewelry connection to attach two portions of a piece of jewelry and to lock the clasp for a more secure attachment.
Regarding claim 22, Qvarnstrom in view of Nam discloses wherein the clasp (Nam, 603) is configured to detachably connect the first end of the extender to another portion of the extender.
Qvarnstrom does not disclose wherein the fastener is a clasp.
Nam discloses wherein the fastener is a clasp (603) and hooks to an opening on the extender (Nam, coupler, Column 6 lines 23-33).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the connection attachment of the fastener of Qvarnstrom with the connection of a coupler as taught by Nam in order to have an easily removable jewelry connection to attach two portions of a piece of jewelry
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Qvarnstrom in view of Nam US 11058190 as applied to claim 1 above, and further in view of Lafauci et al US 20080041098.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Qvarnstrom US 1124518 in view of Lafauci et al US 20080041098.
Regarding claim 2, Qvarnstrom discloses the invention except wherein the main segment includes a plurality of precious or semi-precious stones.
Lafauci et al. discloses wherein the main segment includes a plurality of precious or semi-precious stones (para 26).
It would have been obvious to one skilled in the art at the effective filing date of the invention to add the gem stones on the jewelry of Lafauci to the jewelry as taught by Qvarnstrom to create an adorned piece of jewelry.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Qvarnstrom in view of Nam US 11058190 as applied to claim 1 above, and further in view of Schmidt US 2398723.
Regarding claim 4, Qvarnstrom in view of Nam discloses the invention except wherein the main segment is a wrist band for a watch or other wrist device.
Schmidt discloses wherein the main segment is a wrist band for a watch or other wrist device.
It would have been obvious to one skilled in the art at the effective filing date of the invention to use the extensible chain design of Qvarnstrom in view of Nam for a wrist watch as taught in Schmidt.
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 ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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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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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677