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 .
DETAILED ACTION
This communication is a FINAL office action on the merits. Claims 1, 2 and 4-21, as filed are currently pending and have been considered below.
Claim Rejections - 35 USC § 112
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, 2, 4 and 6-9 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.
In claim 1, Applicant has claimed wherein the pinch-mitigating feature is a “wall of material… about a perimeter.” This first description appears to imply the pinch-mitigating feature reads on the vertical surfaces orthogonal to the exterior surface of the second plate. However, claim 4 also describes the pinch-mitigating feature as being on an exterior surface that faces away from the first plate. It is unclear what constitutes the pinch-mitigating feature in independent claim 1 and its dependent claims, 2, 4 and 6-9.
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, 2, 4, 6, 8-10, 12, 14-16, 18 and 21 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, and
wherein the pinch-mitigating feature comprises a wall of material (sidewalls of inlet 154) formed at least partially about a perimeter of the second plate (Figs. 1-8 show wherein the inlet extends at least partially along and about the perimeter of the second plate).
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 4, as best understood, 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 the pinch-mitigating feature is disposed on the exterior surface (Figs. 7 and 8 as shown).
Regarding claim 6, Millward et al. further discloses wherein the interior surface is non-parallel to the pinch-mitigating feature and defines an angle (α°) (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 an uninterrupted pinch-mitigating feature (the thickness of 144 is uninterrupted) 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 (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 (top surface of 144) formed along the entirety of at least one side of the second plate that is configured to maintain a distance between a pinch zone and a user (Figs. 1-8 as shown).
Regarding claim 16, Millward et al. further discloses wherein the second plate comprises an interior surface (surface of 130 under the whistle structure) 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).
Regarding claim 21, Millward et al. further discloses wherein the pinch mitigating feature increases a distance between the exterior surface and a male component inserted into the female buckle (Figs. 1-8 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 15 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.
Response to Arguments
Applicant's arguments filed 13 May 2026 have been fully considered but they are not persuasive. Applicant’s arguments to the manner in which the pinch-mitigating feature has been met by the prior art have been addressed by the updated rejections above.
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 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
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