Detailed Action begins on Page 3
Table of Contents
Notice of Pre-AIA or AIA Status 3
Claim Rejections - 35 USC § 112(b) 3
Claims 1-15 3
Claim Rejections - 35 USC § 102 5
Claims 1-5, 8-9, and 11-14 6
Claim Rejections - 35 USC § 103 9
Claims 6-7 9
Claim 10 10
Claim 15 10
Citation of Relevant Art 11
Conclusion 12
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 Objections
Claim 12 objected to because of informalities.
Specifically, claim 12 recites the limitation “passing the band member and the device case in the annular state through the object to which the band is attached” and it should be the reverse, where the object to which the band is attached (the wrist) is inserted through the opening/annular shape formed by the band member and the device case.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15
Claims 1-15 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, it recites the limitation “and at least one ends side of the band member” (line 6) and it is not clear if this is the same limitation as the previously introduced “at one ends side of the band member” (lines 3-4) or a separate limitation. The lack of use of antecedent basis is further complicated by the limitation “the at least one fend side of the band member” (lines 8-9) which does properly refer back to the first introduced limitation. Proper use of antecedent basis or clear distinction between these limitations is required. For purposes of examination the limitation at issue will be treated as reciting “at least the one end side of the band member”.
Claims 2-11 depend from claim 1 and are rejected therein.
Regarding Claim 2, it recites the limitations “wherein the second member may be elastically deformable so as to” (lines 2-3), “a first state in which the second member may have” (lines 3-4), and “a second state in which the second member may have” (line 6) and the phrases "may be" and “may have” render the claim indefinite because it is unclear whether the limitations following the phrases are required as part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 2, it recites the limitation “a first state in which the second member may have the width or thickness greater than the width or thickness of the through hole of the first member” (lines 3-6) and it is not clear if this is the same first state introduced in claim 1 or a separate limitation. Proper use of antecedent basis or clear distinction between these limitations is required. For purposes of examination the limitation at issue will be treated as reciting “[[a]] the first state in which the second member may have the width or thickness greater than the width or thickness of the through hole of the first member”.
Regarding Claim 4, it recites the limitation “a state in which the second member and the at least one end side of the band member is inserted into the through hole of the first member” (lines 6-8) and an identical limitation is provided in claim 3 and it is thus unclear whether these limitations are the same and refer to the same state or if they are separate limitations. Proper use of antecedent basis or clear distinction between these limitations is required. For purposes of examination the limitation at issue will be treated as the same limitation and claim 4 will be examined as if it has proper use of antecedent basis.
Regarding Claim 12, it recites the limitation “the device case” (lines 7-8) and there is insufficient antecedent basis for this limitation in the claim.
Claims 13-15 depend from claim 12 and are rejected therein.
Regarding Claim 14, it recites the limitation “a state in which the second member and the at least one end side of the band member is inserted into the through hole of the first member” (lines 6-8) and an identical limitation is provided in claim 13 and it is thus unclear whether these limitations are the same and refer to the same state or if they are separate limitations. Proper use of antecedent basis or clear distinction between these limitations is required. For purposes of examination the limitation at issue will be treated as the same limitation and claim 14 will be examined as if it has proper use of antecedent basis.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8-9, and 11-14
Claims 1-5, 8-9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenberg (US 2467204 A).
Regarding Claim 1, Greenberg discloses band comprising: a long band member (11); a second member (13) provided at one end side of the band member; and a first member (11, 12, and 18 as one member) including a through hole (12) through which the second member and at least one end side of the band member in which the second member is provided are inserted [figs. 1 and 2], wherein the second member or the at least one end side of the band member maintains a first state with a width or a thickness that is larger than a width or a thickness of the through hole of the first member in a state in which the second member and the at least one end side of the band member are inserted into the through hole of the first member [fig. 1] [col. 3 lines 71-74].
Regarding Claim 2, Greenberg discloses the band according to claim 1, and further discloses wherein the second member may be elastically deformable so as to be capable of being at least one of a first state in which the second member may have the width or thickness greater than the width or thickness of the through hole of the first member [fig. 1] [col. 3 lines 71-74], or a second state in which the second member may have the width or thickness smaller than the width or thickness of the through hole of the first member [fig. 2] [col. 4, lines 3-17], and wherein the second member becomes the second state and is inserted into the through hole of the first member, and in a state in which the second member and the at least one end side of the band member are inserted into the through hole of the first member, the second member becomes the first state as a normal state [col. 4, lines 3-17].
Regarding Claim 3, Greenberg discloses the band according to claim 1, and further discloses further comprising a latching member (13, 14) to latch the one end side of the band member in a state in which the second member and the at least one end side of the band member are inserted into the through hole of the first member [col. 3, lines 28-74].
Regarding Claim 4, Greenberg discloses the band according to claim 3, and further discloses wherein the latching member includes a first latching member (22) and a second latching member (13), wherein the first member is positioned between the first latching member and the second latching member in an extending direction of the band member in a state in which the second member and the at least one end side of the band member is inserted into the through hole of the first member [figs. 1-2] (band part 11 of the first member is positioned between 13 and 22), and wherein at least one of the first latching member and the second latching member is provided at or near the second member [figs. 1-3] (second latching member 13).
Regarding Claim 5, Greenberg discloses the band according to claim 4, and further discloses wherein at least one of the first latching member and the second latching member is provided in the second member [figs. 1-3] (second latching member 13).
Regarding Claim 8, Greenberg discloses the band according to claim 1, and further discloses a wearable device comprising: the band according to claim 1; and a device case (15) [fig. 1].
Regarding Claim 9, Greenberg discloses the band according to claim 8, and further discloses wherein a band member of the band includes, a first band portion positioned on one side of the device case in a band attached state [fig. 1], and a second band portion positioned on the other side of the device case [fig. 1], and wherein the first member is provided on a first band portion side and the second member is provided on a second band portion side [fig. 1].
Regarding Claim 11, Greenberg discloses the band according to claim 8, and further discloses wherein in the first state, the band member and the device case as a unit maintain an annular shape with respect to an object on which the wearable device is attached [fig. 1] [col. 2 lines 27-32].
Regarding Claim 12, Greenberg discloses a band attaching method comprising: inserting a second member provided on one end side of a long band member or one end side of the band member provided with the second member in a through hole (12) of a first member (11, 12, and 18 as one member) [fig. 2] while the second member is in a second state smaller than a width or thickness of the through hole of the first member (thickness in height direction of second member is smaller than thickness in height direction of the through hole) [figs.1 and 2],
maintaining a state in which the band member and the device case as a unit form an annular shape with relation to an object on which the band is attached (wrist) [col. 1, line 1] with the second member or at least one end side of the band member being in a first state in which the width or thickness is larger than the width or the thickness of the through hole of the first member [fig. 1] [col. 2 lines 27-32], and passing the band member and the device case in the annular state through the object to which the band is attached .
Regarding Claim 13, Greenberg discloses the band attaching method according to claim 12, and Greenberg further discloses wherein a latching member (13, 14) latches the one end side of the band member in a state in which the second member and the at least one end side of the band member are inserted into the through hole of the first member [col. 3, lines 28-74].
Regarding Claim 14, Greenberg discloses the band attaching method according to claim 13, and Greenberg further discloses wherein the latching member includes a first latching member (13) and a second latching member (14), wherein the first member is positioned between the first latching member and the second latching member in an extending direction of the band member in a state in which the second member and the at least one end side of the band member is inserted into the through hole of the first member [figs. 1-2] (band part 11 of the first member is positioned between 13 and 22), and wherein at least one of the first latching member and the second latching member is provided at or near the second member [figs. 1-3] (second latching member 13).
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.
Claims 6-7
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Greenberg as applied to claim 3 above, and further in view of Rohrbach (US 9141086 B1).
Regarding Claim 6, Greenberg discloses the band according to claim 3 but does not disclose wherein the latching member includes a magnet.
Rohrbach teaches a band for a wearable device including magnetic pins for a band section and a clasp with magnets provided in the links/clasp which advantageously adds magnetic force to the coupling of the components [col. 2 lines 9-18, col. 8 line 63-col. 9 line 7].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the pins (13) and other latching mechanism (14) of Greenberg to make the pins magnetic and add a magnet to the latching mechanism in order to add a magnetic force that must be overcome to release the latching mechanism as taught by Rohrbach, thereby increasing the security of the band.
Regarding Claim 7, Greenberg discloses the band according to claim 3 but does not disclose wherein the latching member is latched by magnetic force.
Rohrbach teaches a band for a wearable device including magnetic pins for a band section and a clasp with magnets provided in the links/clasp which advantageously adds magnetic force to the coupling of the components [col. 2 lines 9-18, col. 8 line 63-col. 9 line 7].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the pins (13) and other latching mechanism (14) of Greenberg to make the pins magnetic and add a magnet to the latching mechanism in order to add a magnetic force that must be overcome to release the latching mechanism as taught by Rohrbach, thereby increasing the security of the band.
Claim 10
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Greenberg as applied to claim 8 above.
Regarding Claim 10, Greenberg discloses the band according to claim 8, and through the description and a figures it would have obvious to a person of ordinary skill in the art that the first member is positioned on a 12 o’clock side of a watch [fig. 1] based upon there being only two options and the traditional manner a watch is worn includes the clasp attached to the 12 o’clock side and that would equate to the first member in the invention of Greenberg.
Claim 15
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Greenberg as applied to claim 13 above, and further in view of Rohrbach (US 9141086 B1).
Regarding Claim 15, Greenberg discloses the band attaching method according to claim 13, but does not disclose wherein the latching member is latched by magnetic force.
Rohrbach teaches a band for a wearable device including magnetic pins for a band section and a clasp with magnets provided in the links/clasp which advantageously adds magnetic force to the coupling of the components [col. 2 lines 9-18, col. 8 line 63-col. 9 line 7].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the pins (13) and other latching mechanism (14) of Greenberg to make the pins magnetic and add a magnet to the latching mechanism in order to add a magnetic force that must be overcome to release the latching mechanism as taught by Rohrbach, thereby increasing the security of the band.
Citation of Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Heinrich (US 2505044 A) discloses a wrist band comprising a part of arcuate band members having end portions, the end portion of one of the arcuate bands having an aperture and the end portion of the other being substantially smooth and being extended through the aperture, the apertured end being resilient band fixed out of its normal position by the end portion of the end portion that extends through it to place the apertured end portion under tension an frictionally engage the end portion extending through it.
Iguchi (US 5668784 A) discloses a pair of band holding members are attached by joint pins to band attachment portions of a watch case formed at positions of 12 o'clock and 6 o'clock of a dial in the watch case. A watch band insertion slot is formed in each of the holding members to extend from a first position which is positioned at or away from the back surface of the watch case to a second deposition which is positioned further away from the back surface of the watch case than the first positions and to open at the first and second positions. A watch band consisting of one band piece is passed through the watch band insertion slots of the band holding members so that the watch band projects its both end portions from the openings of the second positions of the insertion slots of the band holding members toward outsides of the holding members and extends along the back surface of the watch case.
Hembo et al. (US 9022261 B2) disclose a watch comprising a watch case with opposite arranged connecting parts in form of two parallel branches for the mounting of a watch strap or cord between said branches, where said watch further comprises at least one generally T-shaped strap or cord connector comprising a spring loaded sliding bar suited for engaging in holes provided in a surface of each branch facing each other, said T-shaped strap or cord connector further comprises a cord receiving opening being arranged opposite to the spring loaded sliding bar and being an opening adapted to receive a cord having generally round or polygonal cross section, said cord at a first end and a second end being provided with interacting locking parts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN A JOHNSTON whose telephone number is (571)272-4353. The examiner can normally be reached Monday - Friday 10 a.m. - 7p.m. ET.
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/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2844
/REGIS J BETSCH/SPE, Art Unit 2844