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 .
Response to Arguments
Applicant’s arguments filed on 01/06/2026 with respect to claim 1 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.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Atta et al (US Patent No. 2586747) in view of Merkel et al (US Publication No. 20090197749).
Regarding claim 1, Atta discloses an anklet (i.e., such as anklet X; see for example fig. A as shown below, Col. 3 lines 1+) for earth grounding (i.e., such as earth grounding; see for example Col. 1 lines 1+) and electrostatic release (i.e., such as electrostatic charges are continuously drained from the body of a person who may be working; see for example Col. 1 lines 1+), the anklet (i.e., such as anklet X; see for example fig. A as shown below, Col. 3 lines 1+) comprising: an anklet part (i.e., such as 10; see for example fig. A as shown below, Col. 3 lines 1+) made of a material (i.e., such as metallic materials for the spring coil 10 as be soft on the skin of the person who wears the anklet grounding device; see for example Col. 1 lines 43+) capable of conducting electricity (i.e., such as a conductor element electrically coupling the two conductive members; see for example Col. 2 lines 20+), and configured to be worn (i.e., such as the wearer; see for example Col. 2 lines 6+) to come into close contact (i.e., such as the wearer's skin; see for example Col. 1 lines 46+) with an ankle (i.e., such as the wearer's ankle; see for example Col. 1 lines 46+); a connector (i.e., such as Y; see for example fig. A as shown below, Col. 3 lines 1+) connected to one side of the anklet part (i.e., such as 10; see for example fig. A as shown below, Col. 3 lines 1+); and a ground part (i.e., such as flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+) connected to the connector (i.e., such as Y; see for example fig. A as shown below, Col. 3 lines 1+), electrically connected (i.e., such as electrically connected; see for example Col. 2 lines 15+) to the anklet part (i.e., such as 10; see for example fig. A as shown below, Col. 3 lines 1+), and grounded (i.e., such as grounded via the body grounding device to the ground contact 14; see for example Col. 2 lines 1+) to a surface (i.e., such as surface 14; see for example fig. A as shown below, Col. 3 lines 1+) of an earth (i.e., such as the earth Z; see for example fig. A as shown below, Col. 3 lines 1+), wherein a length adjustment portion (i.e., such as cord 12 for adjusting the anklet part and for the grounding part flexible chain 28 is self-adjusted length with rivet 26 as to ground contact 14; see for example fig. A as shown below, Col. 3 lines 1+) having a predetermined length (i.e., such as flexible length 5; see for example fig. A as shown below, Col. 3 lines 1+) is formed on one side (i.e., such as the side of hook 20 or hook 21; see for example fig. A as shown below, Col. 3 lines 1+) or each of both sides (i.e., such as the side of hook 20/the ground-side or hook 21/the anklet-side; see for example fig. A as shown below, Col. 3 lines 1+) of each of the anklet part (i.e., such as 10; see for example fig. A as shown below, Col. 3 lines 1+) and the ground part (i.e., such as flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+), the length adjustment portion (i.e., such as cord 12 for adjusting the anklet part and for the grounding part flexible chain 28 is self-adjusted length with rivet 26 as to ground contact 14; see for example fig. A as shown below, Col. 3 lines 1+) being formed of a chain (i.e., such as the flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+): wherein a hook (i.e., such as clip hooks 20 and 21; see for example fig. A as shown below, Col. 3 lines 1+) is formed on one side (i.e., such as hook 20 secures the grounding part and hook 21 secures the ankle part; see for example fig. A as shown below, Col. 3 lines 1+) of the length adjustment portion (i.e., such as cord 12 for adjusting the anklet part and for the grounding part flexible chain 28 is self-adjusted length with rivet 26 as to ground contact 14; see for example fig. A as shown below, Col. 3 lines 1+) and a length (i.e., such as the length adjuster plate 16; see for example fig. A as shown below, Col. 3 lines 1+) of each of the anklet part (i.e., such as 10; see for example fig. A as shown below, Col. 3 lines 1+) and the ground part (i.e., such as flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+) is adjusted by coupling the hook (i.e., such as clip hooks 20 and 21; see for example fig. A as shown below, Col. 3 lines 1+) to a selected portion (i.e., such as slidable/adjustable slot 17 is to select the length as desired secured by the flexible end 27 of spring clip 14; see for example fig. A as shown below, Col. 3 lines 1+) of the chain (i.e., such as the flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+): wherein the anklet part (i.e., such as 10; see for example fig. A as shown below, Col. 3 lines 1+) and the ground part (i.e., such as flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+) are each formed by successively connecting electrically conductive (i.e., such as successively connecting electrically conductive; see for example Col. 2 lines 20+) chain segments or spherical metal members (i.e., such as the chain segments of spring coil 10, plate 16, flexible chain 28, etc.; see for example fig. A as shown below, Col. 3 lines 1+) to each other (i.e., all elements are electrically connected to each other in order to drain the charges to the ground; see for example fig. A as shown below, Col. 3 lines 1+) such that the anklet part (i.e., such as 10; see for example fig. A as shown below, Col. 3 lines 1+) and the ground part (i.e., such as flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+) conduct electricity (i.e., such as conduct electricity; see for example Col. 2 lines 20+) along the successive connection (i.e., such as the successive connection between all elements of the device X; see for example Col. 2 lines 20+): and wherein the ground part (i.e., such as flexible chain 28; see for example fig. A as shown below, Col. 3 lines 1+) is configured to pass by an ankle bone area (i.e., such as the wearer's ankle bone area; see for example Col. 1 lines 46+) to facilitate grounding (i.e., such as to facilitate grounding; see for example Col. 2 lines 1+) when a wearer (i.e., such a wearer; see for example Col. 1, lines 45+) wears a shoe (i.e., such as a shoe 13; see for example fig. A as shown below, Col. 3 lines 1+).
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Atta does not explicitly disclose wherein the length adjustment portion of the anklet part is formed of a chain.
Merkel discloses a fitness device (i.e., 80; see for example fig. 7B as shown below, para. [0068]); wherein the length adjustment portion (R) of the anklet part (S) is formed of a chain (i.e., the chain R; such as the combined length of rings 88, 90, 92, 96, 98 and 100. If a larger dimension is needed, the lengths of rings 94 and 102 can be added. If a smaller dimension is required by a user, one or both of connectors 84, 86 can be removably connected one of the rings closer to the swivel connectors 114, 118. Of course, while there are four rings shown on each side, fewer or more can be provided, with the same number or a different number on each side, depending on the desired degree of adjustability; see for example para. [0068]).
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Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have optionally included the chain in Atta, as taught by Merkel, as it provides the advantage of optimizing the circuit design towards securing the anklet.
Claims 2-4 are cancelled.
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 MUAAMAR Q AL-TAWEEL whose telephone number is (571)270-0339. The examiner can normally be reached 0730-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thienvu V Tran can be reached at (571) 270- 1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUAAMAR QAHTAN AL-TAWEEL/Examiner, Art Unit 2838
/THIENVU V TRAN/ Supervisory Patent Examiner, Art Unit 2838