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 § 102
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 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.
Claims 1-2, 4-5, and 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mishima et al. US 11327444.
Regarding Claim 1, Mishima et al discloses a connection member comprising:
a cylindrical member (52) (15);
a connection portion (54) (12) which is inserted into at least one end portion (58, left) of the cylindrical member; and
a spring member (56) (17) which is arranged in the cylindrical member and forces the connection portion toward outside of the cylindrical member,
wherein the spring member is formed of a corrosion-resisting material (cobalt-nickel alloy) (Fig 5).
Regarding Claim 2, Mishima et al discloses wherein the connection portion (54, Col 8 line 6, titanium) and the cylindrical member (52, Col 8 line 6, titanium) are equal in at least one of strength, proof stress, and hardness.
Regarding Claim 4, Mishima et al discloses wherein the connection portion (54, para 44, titanium) and the cylindrical member (52, para 43, titanium) are equal in at least one of conductivity and degree of elongation.
Regarding Claim 5, Mishima et al discloses wherein the spring member is higher in at least one of thermal conductivity and degree of elongation than the connection portion and the cylindrical member, or is lower in at least one of thermal conductivity and degree of elongation than the cylindrical member and higher in at least one of thermal conductivity and degree of elongation than the connection portion.
Examiner notes that the connection portion and the cylindrical member can be made of steel which has a lower thermal conductivity as nickel cobalt and therefore reads on the claim as presented.
Regarding Claim 9, Mishima et al discloses wherein the connection portion (54) is inserted into the one end portion (58, left) of the cylindrical member (52) (Fig 5).
Regarding Claim 10, Mishima et al discloses wherein a connection projection portion (64, right) is formed on an other end portion (58, right) of the cylindrical member (52) (Fig 5).
Regarding Claim 11, Mishima et al discloses wherein a mark (72, right) for distinguishing the connection projection portion (64, right) is provided on the other end portion (58, right) side of the cylindrical member (52) (Fig 5).
Regarding Claim 12, Mishima et al discloses wherein the cylindrical member (52) provided with the connection projection portion (64, right) and the connection portion (54) are formed of a high-strength titanium alloy (titanium alloy).
Regarding Claim 13, Mishima et al discloses wherein the cylindrical member (52) provided with the connection projection portion (64, right) and the connection portion (54) are formed of a high-strength titanium alloy (titanium alloy).
Regarding Claim 14, Mishima et al discloses wherein the connection portion (54) is plurally inserted into both end portions (58) of the cylindrical member (Fig 5).
Regarding Claim 15, Mishima et al discloses wherein the connection portion (54) is plurally inserted into both end portions (58) of the cylindrical member (52) (Fig 5).
Regarding Claim 16, Mishima et al discloses wherein the connection portion (54) is plurally inserted into both end portions (58) of the cylindrical member (52) (Fig 5).
Regarding Claim 17, Mishima et al discloses wherein the cylindrical member (52) is formed of titanium whose purity is high.
Regarding Claim 18, Mishima et al discloses wherein the connection portion is formed of a high-strength titanium alloy.
Regarding Claim 19, Mishima et al discloses a band (12) comprising the connection member (46)
Regarding Claim 20, Mishima et al discloses a timepiece (2) comprising the band (12)
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.
Claims 3 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Mishima et al. US 11327444.
Regarding Claim 3, Mishima et al discloses wherein the spring member is lower in at least one of tensile strength, proof stress, and hardness than the connection portion and the cylindrical member, or is lower in at least one of tensile strength, proof stress, and hardness than the connection portion and higher in at least one of tensile strength, proof stress, and hardness than the cylindrical member.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have had the spring member has a lower tensile strength as the cylindrical member to allow the spring to deform without the external cylinder and connection portions deforming, since the examiner takes Official Notice tensile strength, proof stress, and hardness are known properties of materials.
Regarding Claim 6, Mishima et al discloses the invention except wherein the spring member is formed of a titanium alloy having a spring property.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the spring to be made of titanium alloy for manufacturing preferences and weight reduction, since the examiner takes Official Notice of the equivalence of titanium alloy and nickel cobalt for their use in springs in the jewelry art and the selection of any of these know equivalents to spring properties of metals would be within the level of ordinary skill in the art. Further, Mishima teaches “the spring 56 is not limited to the SPRON material, and may be acceptable as long as it is an elastic non-magnetic material that is hardly magnetized.”
Regarding Claim 7, Mishima et al discloses the invention except wherein the spring member is formed of a titanium alloy whose crystal structure is a body-centered cubic structure.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the spring to be made of titanium alloy for manufacturing preferences and weight reduction, since the examiner takes Official Notice of the equivalence of titanium alloy and nickel cobalt for their use in springs in the jewelry art and the selection of any of these know equivalents to spring properties of metals would be within the level of ordinary skill in the art. Further, Mishima teaches “the spring 56 is not limited to the SPRON material, and may be acceptable as long as it is an elastic non-magnetic material that is hardly magnetized.”
Regarding Claim 8, Mishima et al discloses wherein the spring member is formed of a titanium alloy whose crystal structure is a body-centered cubic structure.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the spring to be made of titanium alloy for manufacturing preferences and weight reduction, since the examiner takes Official Notice of the equivalence of titanium alloy and nickel cobalt for their use in springs in the jewelry art and the selection of any of these know equivalents to spring properties of metals would be within the level of ordinary skill in the art. Further, Mishima teaches “the spring 56 is not limited to the SPRON material, and may be acceptable as long as it is an elastic non-magnetic material that is hardly magnetized.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cartier US 5483505 discloses a spring bar used to connect watchband. Feiner et ak US 2507701 discloses a spring bar used for watchbands.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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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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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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