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 § 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 5 - 11 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.
Claim 5 recites the limitation "band body" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "excess length portion" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 7 - 11 depend from claim 5 and therefore are also rejected under this section.
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 - 3, 5, 8, 9, 12 - 14 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko, US 5,588,186.
Regarding claim 1, Ko discloses a ratchet buckle comprising: a housing (1) having a top cover (see an annotated figure 1 below) and a bottom cover (see the annotated figure 1), the bottom cover (see the annotated figure 1) configured to couple to the top cover (see the annotated figure 1) to form a channel (see the annotated figure 1) between the top cover (see the annotated figure 1) and the bottom cover (see the annotated figure 1); and a ratcheting assembly (comprising ratcheting components) disposed in the channel (see the annotated figure 1) between the top cover (see the annotated figure 1) and the bottom cover (see the annotated figure 1), the ratcheting assembly comprising a lever clasp (6) and a rocker pin (5), the rocker pin (5) configured to rotatably couple to the lever clasp (6) and comprising a body (see figure 3) and a rocker tooth (9a) that projects from the body (see figure 2), [wherein the rocker tooth (9a) is configured to be in a locked orientation absent user interaction with the lever clasp (6), wherein responsive to the user interaction with the lever clasp (6), the rocker tooth (9a) is to be in an unlocked orientation].
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the ratchet buckle, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the adjustable buckle disclosed by Ko (US 5,588,186) or Chen (US 5,8006,145), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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Regarding claim 2, Ko discloses the ratchet buckle of claim 1, wherein a distal end (5b) of the rocker pin (5) is configured to rotatably couple with the lever clasp (6) responsive to being inserted into a socket (in the flanges 6a) formed by the lever clasp (6), wherein rotation of the rocker pin (5) is responsive to rotation of the lever clasp (6).
Regarding claim 3, Ko discloses the ratchet buckle of claim 1, wherein the ratcheting assembly further comprises a spring (11), wherein the spring (11) is a torsional spring (figure 3) that is configured to provide a spring force to cause the rocker tooth (9a) to be in the locked orientation that is substantially perpendicular to the bottom cover.
Regarding claim 5, as best understood, Ko discloses the ratchet buckle of claim 1 further comprising a band (3) comprising band body (4) and a ratcheting tab (4a) that protrudes from the band body (4) that is configured to be inserted between the top cover and the bottom cover via the channel (see the annotated figure 1).
Regarding claim 8, as best understood, Ko discloses the ratchet buckle of claim 5, wherein the ratcheting tab (4a) is configured to be inserted into the channel at a tab angle corresponding to a tooth angle at which the rocker tooth (9a) projects from the rocker pin (5).
Regarding claim 9, as best understood, Ko discloses the ratchet buckle of claim 5, wherein the band (3) is configured to slide between the top cover and the bottom cover in a first direction parallel to the housing (1) to cause the ratcheting tab (4a) to contact the rocker tooth (9a) and prevent the band (3) from sliding out of the housing (1) in a second direction, [wherein the user interaction with the lever clasp is to cause the rocker tooth (9a) to rotate out of contact with the ratcheting tab (4a) to permit sliding of the band (3) in the second direction].
Regarding claim 12, Ko discloses a system [for buckling a watch band], the system comprising: a housing assembly (1) comprising a top cover (see the annotated figure 1) and a bottom cover (see the annotated figure 1), the housing assembly (1) forming a channel (see the annotated figure 1) between the top cover and the bottom cover (the annotated figure 1); a band (3) comprising a ratcheting tab (4a) configured to insert into the channel responsive to the band (3) being inserted between the top cover and bottom cover of the housing assembly (1); and a ratcheting assembly comprising a rocker tooth (9a), a rocker pin (5), and a lever clasp (6), the rocker tooth (9a) being coupled to the rocker pin (5), the rocker pin (5) being rotatably coupled to the lever clasp (6), [wherein the rocker pin (5) is configured to be in a locked orientation to secure the band (3) absent user interaction with the lever clasp (6), and wherein the rocker pin (5) is configured to be in an unlocked orientation to not secure the band (3) responsive to the user interaction with the lever clasp (6)].
Regarding claim 13, Ko discloses the system of claim 12, wherein the rocker pin (5) is configured to rotatably couple with the lever clasp (6) responsive to being inserted in a socket formed by the lever clasp (6).
Regarding claim 14, Ko discloses the system of claim 12, wherein a torsional spring (11) is configured to apply a spring force to the rocker pin (5) [to cause the rocker tooth (9a) to be in the locked orientation absent the user interaction, and wherein the rocker pin (5) is to rotate and the rocker tooth (9a) to be in the unlocked orientation responsive to the user interaction].
Regarding claim 18, Ko discloses the system of claim 12, wherein the ratcheting tab (4a) is configured to be inserted into the channel at a tab angle corresponding to a tooth angle at which the rocker tooth (9a) projects from the rocker pin (5).
Claim(s) 1, 4, 5, 12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen, US 5,806,145.
Regarding claim 1, Chen (US 5,806,145) discloses a ratchet buckle comprising: a housing (1) having a top cover (a top side plate of the housing 1; figure 2) and a bottom cover (a bottom side plate of the housing 1; figure 2), the bottom cover (the bottom side plate) configured to couple to the top cover (the top side plate) to form a channel (see figure 3) between the top cover (see figure 2) and the bottom cover (see figure 2) and a ratcheting assembly (comprising ratcheting components) disposed in the channel (see the figure 3) between the top cover (figure 2) and the bottom cover (figure 2), the ratcheting assembly comprising a lever clasp (2) and a rocker pin (3), the rocker pin (3) configured to rotatably couple to the lever clasp (2) and comprising a body (see figure 2) and a rocker tooth (322) that projects from the body (see figure 2), [wherein the rocker tooth (322) is configured to be in a locked orientation absent user interaction with the lever clasp (2), wherein responsive to the user interaction with the lever clasp (2), the rocker tooth (322) is to be in an unlocked orientation].
Regarding claim 4, Chen discloses the ratchet buckle of claim 1, wherein the top cover (the top side plate), the bottom cover (the bottom side plate), the rocker pin (3), and the lever clasp (2) are all connected by a hinging rod (31, 14) that runs through a corresponding opening (22, 22’, 321; see figure 2) formed of each of the top cover (the top side plate), the bottom cover (the bottom side plate), the rocker pin (3), and the lever clasp (2).
Regarding claim 5, as best understood, Chen discloses the ratchet buckle of claim 1 further comprising a band (5) comprising band body (a tail end of 5) and a ratcheting tab (51) that protrudes from the band body (see figure 3) that is configured to be inserted between the top cover and the bottom cover via the channel (see figure 3).
Regarding claim 12, Chen discloses a system [for buckling a watch band], the system comprising: a housing assembly (1) comprising a top cover (a top side plate of the housing 1; figure 2) and a bottom cover (a bottom side plate of the housing 1; figure 2), the housing assembly (1) forming a channel (see figure 2) between the top cover and the bottom cover (see figure 2); a band (5) comprising a ratcheting tab (51) configured to insert into the channel responsive to the band (5) being inserted between the top cover and bottom cover of the housing assembly (1); and a ratcheting assembly (comprising ratcheting components) comprising a rocker tooth (322), a rocker pin (3), and a lever clasp (2), the rocker tooth (322) being coupled to the rocker pin (3), the rocker pin (3) being rotatably coupled to the lever clasp (2), [wherein the rocker pin (3) is configured to be in a locked orientation to secure the band (5) absent user interaction with the lever clasp (2), and wherein the rocker pin (3) is configured to be in an unlocked orientation to not secure the band (5) responsive to the user interaction with the lever clasp (2)].
Regarding claim 15, Chen discloses the system of claim 12, wherein the top cover (the top side plate), the bottom cover (the bottom side plate), the rocker pin (3), and the lever clasp (2) are all connected by a hinging rod (31, 14) that runs through a corresponding opening (22, 22’, 321; see figure 2) formed of each of the top cover (the top side plate), the bottom cover (the bottom side plate), the rocker pin (3), and the lever clasp (2).
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.
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko, US 5,588,186 in view of Yabe et al., US 2021/0137226.
Regarding claim 6, as best understood, Ko discloses the ratchet buckle of claim 5 except for wherein a slot portion of the band (3) forms a slot configured to receive excess length portion of the band body (4) to cause the excess length portion to be tucked under one or more portions of the band body.
Yabe (US 2021/0137226) teaches a band wherein a slot portion of the band (108) forms a slot (110) configured to receive excess length portion of the band body (106) to cause the excess length portion to be tucked under (see figure 2D) one or more portions of the band body (106). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the band of Ko to include a slot as taught by Yabe in order to secure an excess length portion of the band body without the need of using a sliding loop and to reduce the risk of the band snagging on clothing.
Regarding claim 16, Ko discloses the system of claim 12 except for wherein a slot portion of the band forms a slot configured to receive an excess length portion of the band to cause the excess length portion to be tucked under one or more portions of the band. Yabe (US 2021/0137226) teaches a band wherein a slot portion of the band (108) forms a slot (110) configured to receive excess length portion of the band body (106) to cause the excess length portion to be tucked under (see figure 2D) one or more portions of the band body (106). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the band of Ko to include a slot as taught by Yabe in order to secure an excess length portion of the band body without the need of using a sliding loop and to reduce the risk of the band snagging on clothing.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko, US 5,588,186 in view of Yabe, US 2021/0137226 as applied to claim 6 above, and further in view of Akana et al., US D727,197.
Regarding claim 7, the combination of Ko and Yabe teaches the ratchet buckle of claim 6. The combination does not expressly teach wherein the slot portion of the band is not coplanar with the one or more portions of the band body to receive the excess length portion of the band of the one or more portions of the band body. Akana teaches wherein the slot portion of the band is not coplanar (see figures 3 - 6) with the one or more portions of the band body (figures 5 and 6) to receive the excess length portion of the band of the one or more portion of the band body. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the slot of the combination of Ko and Yabe to not be coplanar with the band body as taught by Akana in order to improve insertion and to better align with a curvature of the band.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko, US 5,588,186 in view of Yabe, US 2021/0137226 as applied to claim 16 above, and further in view of Akana et al., US D727,197.
Regarding claim 17, the combination of Ko and Yabe teaches the system of claim 16 except for wherein the slot portion of the band is not coplanar with the one or more portions of the band. Akana teaches wherein the slot portion of the band is not coplanar (see figures 3 - 6) with the one or more portions of the band body (figures 5 and 6) to receive the excess length portion of the band of the one or more portion of the band body. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the slot of the combination of Ko and Yabe to not be coplanar with the band body as taught by Akana in order to improve insertion and to better align with a curvature of the band.
Claim(s) 10, 11, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko, US 5,588,186.
Regarding claim 10, as best understood, Ko discloses the ratchet buckle of claim 9 except for wherein a portion of the rocker tooth (9a) projecting into the channel is a triangular prism. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to consider a triangular prism shape for the rocker tooth (9a) so it can correspond to the ratcheting tab (4a), since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. Further, it is noted that the corresponding shape of the tooth (9a) to the wedged tab (4a) is well known in the fastening art with ratchet assemblies.
Regarding claim 11, as best understood, Ko teaches the ratchet buckle of claim 10. Ko further discloses wherein a face of the ratcheting tab (4a) that is configured to contact the rocker tooth (9a) is substantially parallel (see figures 1 and 2) to a corresponding face of the rocker tooth (9a).
Regarding claim 19, Ko discloses the system of claim 12 except for wherein a portion of the rocker tooth projecting into the channel is a triangular prism. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to consider a triangular prism shape for the rocker tooth (9a) so it can correspond to the ratcheting tab (4a), since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. Further, it is noted that the corresponding shape of the tooth (9a) to the wedged tab (4a) is well known in the fastening art with ratchet assemblies.
Regarding claim 20, Ko discloses a ratchet assembly of a ratchet buckle, the ratchet assembly comprising: a rocker pin (5) comprising: a rocker pin body comprising a first distal end (5b) and a second distal end (5b) opposite the first distal end (see figure 3), the rocker pin body having an axis (figure 3); and a rocker tooth (9a) extending from the rocker pin body (figure 1); a lever clasp (6) rotatably coupled to the first distal end (5b) and the second distal end (5b) of the rocker pin (5); and a spring (11) configured to apply force to the rocker tooth (9a) [to cause the rocker tooth (9a) to be in a locked orientation absent user interaction with the lever clasp (6), wherein the rocker tooth (9a) is to be in an unlocked orientation responsive to user interaction with the lever clasp (6) that is to cause the rocker tooth (9a) to rotate around the axis].
Ko does not explicitly disclose the rocker tooth (9a) having a perimeter that is a triangular prism converging with a semicircle. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to consider a triangular prism shape converging with a semicircle for the rocker tooth (9a) so it can correspond to the ratcheting tab (4a), since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. Further, it is noted that the corresponding shape of the tooth (9a) to the wedged tab (4a) is well known in the fastening art with ratchet assemblies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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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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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677