DETAILED ACTION
This communication is a first office action on the merits. Claims 1-20, as filed are currently pending and have been considered below.
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 23 December 2025 is acknowledged.
Claims 5, 11, 17, 19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.
Claim Objections
Applicant is advised that should claim 13 be found allowable, claim 20 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof, wherein the language of claims 12 and 13 are duplicated in entirety within claim 20. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claim(s) 1-4, 6, 8-10, 12, 14-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Millward et al. (US 2021/0169180).
Regarding claim 1, Millward et al. discloses an apparatus comprising:
a first plate (128); and
a second plate (126 including 144) that is spaced apart from the first plate and is connected to the first plate via a first side (114) and a second side (116),
wherein each of the first side and the second side is configured to secure a button of the male buckle component (Figs. 1 and 2 as shown), and
wherein the second plate comprises a pinch-mitigating feature (112) to maintain a distance between a pinch zone and a user.
Regarding claim 2, Millward et al. further discloses wherein the pinch-mitigating feature is integrated with the second plate (Fig. 1 as shown).
Regarding claim 3, Millward et al. further discloses wherein the second plate comprises a wall of material (144) formed at least partially about a perimeter of the second plate that is configured to maintain the distance between the pinch zone and the user (Fig. 8 as shown).
Regarding claim 4, Millward et al. further discloses wherein the second plate comprises an interior surface that faces the first plate and an exterior surface that faces away from the first plate (Figs. 7 and 8 show wherein the exterior surface at 144 deviates away from the first plate), and
wherein a thickness between the interior surface and the exterior surface is configured to maintain the distance between the pinch zone and the user (Figs. 7 and 8 as shown).
Regarding claim 6, Millward et al. further discloses wherein the interior surface is non-parallel to the exterior surface and defines an angle (a°) (Fig. 7 and 8 as shown).
Regarding claim 8, Millward et al. further discloses wherein the first plate has a first thickness and the second plate has a second thickness that is greater than the first thickness (Figs. 7 and 8 as shown).
Regarding claim 9, Millward et al. further discloses wherein each of the first side and the second side comprises one or more locking ledges (168, 180) configured to secure the button of the male buckle component.
Regarding claim 10, Millward et al. discloses an apparatus comprising:
a first plate (128); and
a second plate (126 including 144) that is spaced apart from the first plate and is connected to the first plate via a first side (114) and a second side (116),
wherein each of the first side and the second side is configured to secure a button of the male buckle component (Figs. 1 and 2 as shown),
wherein the second plate comprises an interior surface that faces the first plate and an exterior surface that faces away from the first plate (Figs. 7 and 8 shows wherein the exterior surface at 144 deviates away from the first plate), and
wherein the second plate is configured with a thickness between the interior surface and the exterior surface that defines a pinch-mitigating feature configured to maintain a distance between a pinch zone and a user (Figs. 7 and 8 as shown).
Regarding claim 12, Millward et al. further discloses wherein the interior surface is non-parallel to the exterior surface and defines an angle (a°) (Fig. 7 and 8 as shown).
Regarding claim 14, Millward et al. further discloses wherein the thickness between the interior surface and the exterior surface is greater than a thickness of the first plate (Figs. 7 and 8 as shown).
Regarding claim 15, Millward et al. discloses an apparatus comprising:
a first plate (128); and
a second plate (126 including 144) that is spaced apart from the first plate and is connected to the first plate via a first side (114) and a second side (116),
wherein each of the first side and the second side is configured to secure a button of the male buckle component (Figs. 1 and 2 as shown), and
wherein the second plate comprises a wall of material (144) formed at least partially about a perimeter of the second plate that is configured to maintain a distance between a pinch zone and a user (Fig. 8 as shown).
Regarding claim 16, Millward et al. further discloses wherein the second plate comprises an interior surface that faces the first plate and the wall of material defines an exterior surface that faces away from the first plate (Figs. 7 and 8 show wherein the exterior surface at 144 deviates away from the first plate).
Regarding claim 18, Millward et al. further discloses wherein the second plate is configured with a thickness between the interior surface and the exterior surface that defines a pinch-mitigating feature configured to maintain the distance between the pinch zone and the user (Figs. 7 and 8 as shown).
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) 7, 13 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Millward et al. as applied to claims 6, 12 and 10 above respectively.
Regarding claims 7, 13 and 20, Millward et al. disclose wherein the interior surface is non-parallel to the exterior surface and defines an angle (a°) (Fig. 7 and 8 as shown) except for wherein the angle (a°) is between 5 and 20 degrees. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to angle the ramped wall at an angle of 5 to 20 degrees since this would allow for sufficient airflow without compromising comfort during use. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form 892.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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