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 .
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) 1-3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Block (US D52,464) in view of Wishart (US 2013/0227987), Locher (US 5,701,640) and Homer (D754020).
Regarding claim 1, Block discloses a watch band comprising: a base plate (B); a first strap (C); a second strap (C); a first watch-mount (Fig. 1, left side); a second watch-mount (Fig. 1, right side); the base plate comprising a plate body, a first strap receiver (Fig. 1, left side of B), and a second strap receiver (Fig. 1, right side of B); the first strap and the second strap each comprising a proximal end and a distal end; the first strap receiver and the second strap receiver being oppositely positioned of each other about the plate body; the first strap receiver and the second strap receiver being a pair of physically-separate rigid strap loops; the plate body being positioned in between the pair of physically-separate rigid strap loops; the first strap receiver being laterally connected to the plate body; the second strap receiver being laterally connected to the plate body; the first mount being adjacently connected to the distal end of the first strap; the second mount being adjacently connected to the distal end of the second strap; the proximal end of the first strap being looped around the first strap receiver; and the proximal end of the second strap being looped around the second strap receiver. See Fig. 2. Block does not disclose a magnet, the body or fasteners as claimed as claimed.
Wishart, which is drawn to a golf band, discloses at least one magnet (2); the magnet being concentrically positioned to a plate body; the magnet being adjacently connected to the plate body. See Fig. 1A. Thus, it 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 to have the base plate Block be as disclosed by Wishart with a magnet in order to attach item such as a ball marker for golf.
Locher, which is drawn to a watch band, discloses a plate body (6) being a rectangular planar body; the plate body being made of a ferromagnetic metal. See Figs. 1-2 and Abstract. Thus, it 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 to have the body of block be rectangular and be made of ferromagnetic material in order to attach magnetic items. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have a rectangular planar body, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. See Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Homer, which is also drawn to a band, discloses a first and second watch-mount (Fig. 1, left/right sides) being a pair of fasteners; the pair of fasteners being configured to readily attach to a case or readily detach from the case (Fig. 1); and a first and second strap being adjustably looped around a first and second strap receiver (Fig. 2). Thus, it 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 to have the straps of Block be adjustable and detachable, as disclosed by Homer, in order to adjust the band and put it on and off.
Regarding claim 2, Block does not disclose the plate body as claimed. Giannini discloses a plate body (Fig. 1, right side) comprising a first lateral edge, a second lateral edge, a third lateral edge, and a fourth lateral edge; the first lateral edge and the second lateral edge being oppositely positioned of each other about the plate body; the third lateral edge and the fourth lateral edge being oppositely positioned of each other about the plate body; the first lateral edge and the second lateral edge being positioned perpendicular to the third lateral edge and the fourth lateral edge; a first strap receiver being terminally connected to the first lateral edge; the first strap receiver being positioned offset from the first lateral edge; the second strap receiver being terminally connected to the second lateral edge; and the second strap receiver being positioned offset from the second lateral edge. See Fig. 1. Thus, it 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 to have the plate body of Block be as disclosed by Giannini in order to isolate each strap. Moreover, it would have been an obvious matter of design choice to have the plate body of Block be as claimed, since Applicant has not disclosed that such a design solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with what is disclosed by Block.
Regarding claim 3, as modified by Wishart, Block discloses an indentation (Wishart, Fig, 1A, at 2); at least one opening; the plate body comprising an interior surface and an exterior surface; the interior surface and the exterior surface being oppositely positioned of each other about the plate body; the indentation traversing into the plate body from the exterior surface; the indentation being concentrically positioned within the plate body; the opening traversing into the plate body from the indentation; the opening being concentrically positioned to the indentation; the magnet being positioned within the opening; and the magnet being connected to the plate body. See Wishart, Fig. 1A.
Regarding claim 7, as modified above, Block discloses a golf ball marker (at 4); the golf ball marker being magnetically attached onto the plate body; and the golf ball marker being positioned adjacent to an exterior surface of the plate body. See Wishart, Fig. 1A.
Claim(s) 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Block, Wishart, Locher and Homer as applied above in further view of Cruise (US 2019/0128374).
Regarding claims 4 and 12, Block does not disclose interlocking fasteners as claimed. Cruise, which is drawn to a band, discloses the common use of interlocking fasteners. See [0018]; and Fig. 1. Thus, it 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 to use interlocking fasteners, as disclosed by Cruise, on the straps of Block (or substitute the straps) such that the first strap and the second strap each comprising a strap body, at least one first interlocking fastener, and a second interlocking fastener; the first interlocking fastener being positioned adjacent to the second interlocking fastener; the first interlocking fastener being connected to the strap body; the second interlocking fastener being connected to the strap body; the first interlocking fastener of the first strap being positioned adjacent to the first watch-mount; the second interlocking fastener of the first strap being positioned adjacent to the proximal end of the first strap; the strap body of the first strap being looped around the first strap receiver; the second interlocking fastener of the first strap being adjustably attached to the first interlocking fastener of the first strap; the first interlocking fastener of the second strap being positioned adjacent to the second watch-mount; the second interlocking fastener of the second strap being positioned adjacent to the proximal end of the second strap; the strap body of the second strap being looped around the second strap receiver; and the second interlocking fastener of the second strap being adjustably attached to the first interlocking fastener of the second strap. Such a interlocking fasteners would allow for more adjustability.
Claim(s) 5, 6, 10, 11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Block, Wishart, Locher and Homer in further view of Marrero (US 2012/0012624).
Regarding claim 5, Block does not disclose a golf divot tool. Marrero, which is drawn to a golf band, discloses a golf divot tool (227); the golf divot tool being magnetically attached onto a plate body; and the golf divot tool being positioned adjacent to an exterior surface of the plate body. See Fig. 2. Thus, it 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 to have a golf divot tool magnetically attached to the plate body of Block, as disclosed by Marrero, in order to facilitate the use and carrying of a golf divot tool during a round of golf.
Regarding claims 6 and 14, as modified above, the golf divot tool comprises a first pitch-mark repair prong, a second pitch-mark repair prong, and a handle; the first pitch-mark repair prong being terminally connected to the handle; the second pitch-mark repair prong being terminally connected to the handle; and the first pitch-mark repair prong being positioned offset from the second pitch-mark repair prong. See Marrero, Fig. 2.
Regarding claim 10, Block, as modified above, discloses a golfing watch band comprising: a base plate; at least one magnet; a first strap; a second strap; a first watch-mount; a second watch-mount; an indentation; at least one opening; a golf divot tool; the base plate comprising a plate body, a first strap receiver, and a second strap receiver; the plate body comprising an interior surface and an exterior surface; the first strap and the second strap each comprising a proximal end and a distal end; the plate body being a rectangular planar body; the plate body being made of a ferromagnetic metal; the first strap receiver and the second strap receiver being oppositely positioned of each other about the plate body; the first strap receiver being laterally connected to the plate body; the second strap receiver being laterally connected to the plate body; the first strap receiver and the second strap receiver being a pair of physically-separate rigid strap loops; the plate body being positioned in between the pair of physically-separate rigid strap loops; the interior surface and the exterior surface being oppositely positioned of each other about the plate body; the indentation traversing into the plate body from the exterior surface; the indentation being concentrically positioned within the plate body; the opening traversing into the plate body from the indentation; the opening being concentrically positioned to the indentation; the magnet being positioned within the opening; the magnet being connected to the plate body; the first watch-mount being adjacently connected to the distal end of the first strap; the second watch-mount being adjacently connected to the distal end of the second strap; the first watch-mount and the second watch-mount being a pair of fasteners; the pair of fasteners being configured to readily attach to a wristwatch case or readily detach from the wristwatch case; the proximal end of the first strap being adjustably looped around the first strap receiver; the proximal end of the second strap being adjustably looped around the second strap receiver; the golf divot tool being magnetically attached onto a plate body; and the golf divot tool being positioned adjacent to an exterior surface of the plate body. See above.
Regarding claim 11, Block, as modified above, discloses a plate body comprising a first lateral edge, a second lateral edge, a third lateral edge, and a fourth lateral edge; the first lateral edge and the second lateral edge being oppositely positioned of each other about the plate body; the third lateral edge and the fourth lateral edge being oppositely positioned of each other about the plate body; the first lateral edge and the second lateral edge being positioned perpendicular to the third lateral edge and the fourth lateral edge; a first strap receiver being terminally connected to the first lateral edge; the first strap receiver being positioned offset from the first lateral edge; the second strap receiver being terminally connected to the second lateral edge; and the second strap receiver being positioned offset from the second lateral edge. Thus, it 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 to have the plate body of Block be as disclosed by Giannini in order to isolate each strap. Moreover, it would have been an obvious matter of design choice to have the plate body of Block be as claimed, since Applicant has not disclosed that such a design solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with what is disclosed by Block.
Regarding claim 15, as modified above, Block discloses a golf ball marker (at 4); the golf ball marker being magnetically attached onto the plate body; and the golf ball marker being positioned adjacent to an exterior surface of the plate body. See Wishart, Fig. 1A.
Claim(s) 8, 9, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Block, Wishart, Locher and Homer in further view of Jacome (US 2002/0187861).
Regarding claims 8 and 16, Block does not disclose a tee holder. Jacome discloses a golf tee holder (Fig. 7b); the golf tee holder being capable of being laterally and magnetically attached to a plate body; the golf tee holder being capable of being positioned perpendicular to the first lateral edge and the second lateral edge; and the golf tee holder being outwardly oriented from an exterior surface of the plate body. Thus, it 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 to have a tee holder as disclosed by Jacome be attached to the plate body of Block in order to easily access a golf tee.
Regarding claims 9 and 17, as modified above, the golf tee holder comprises a mounting section and a C-shaped section; the mounting section being adjacently connected to the C-shaped section; the mounting section being capable of being laterally positioned to the plate body; the mounting section being magnetically attached to the plate body; and the C-shaped section being outwardly oriented from the exterior surface of the plate body. See Jacome, Fig. 7b.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
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 DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734