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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 5, 8-14, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko, US 5,588,186 in view of Horimoto, US 8,869,354.
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 a first end (having flanges 6a) of 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)].
Ko does not explicitly disclose wherein responsive to a pulling force applied by the user on a second end (opposite to the first end) of the lever clasp (6), the second end being primarily disposed on the top cover, the rocker tooth (9a) is to be in an unlocked orientation. Instead, Ko discloses that disengagement of the clasp (6) via the rocker pin (5) is accomplished by pressing a knob (10).
Horimoto teaches a buckle release mechanism wherein an operating member (5) has a proximal end rotatably coupled about a pin (6) that couples to a releasing member (4) carrying a tooth engaging structure (45, 46), a distal end is disposed at a top of the buckle housing (3) and is actuated by pulling it up. 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 push to release mechanism of Ko with a pull to release mechanism as taught by Horimoto in order to reduce the risk of accidental or inadvertent disengagement of the buckle since a push to release mechanism is comparatively more susceptible to unintentional actuation than a pull to release mechanism requiring a deliberate pulling motion.
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) and Horimoto (US 8,869,354) 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, the combination of Ko and Horimoto teaches the ratchet buckle of claim 1. Ko further discloses 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, the combination of Ko and Horimoto teaches the ratchet buckle of claim 1. Ko further discloses 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, the combination of Ko and Horimoto teaches the ratchet buckle of claim 1. Ko further discloses 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, the combination of Ko and Horimoto teaches the ratchet buckle of claim 5. Ko further discloses 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, the combination of Ko and Horimoto teaches the ratchet buckle of claim 5. Ko further discloses 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 10, the combination of Ko and Horimoto teaches 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, the combination of Ko and Horimoto 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 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 the 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 a first end (6a) of 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 a pulling force applied by the user on a second end of the lever clasp (6), the second end being primarily disposed on the top cover].
Ko does not explicitly disclose wherein the rocker pin (5) is configured to be responsive to a pulling force applied by the user on a second end (opposite to the first end) of the lever clasp (6), the second end being primarily disposed on the top cover, the rocker tooth (9a) is to be in an unlocked orientation. Instead, Ko discloses that disengagement of the clasp (6) via the rocker pin (5) is accomplished by pressing a knob (10).
Horimoto teaches a buckle release mechanism wherein an operating member (5) has a proximal end rotatably coupled about a pin (6) that couples to a releasing member (4) carrying a tooth engaging structure (45, 46), a distal end is disposed at a top of the buckle housing (3) and is actuated by pulling it up. 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 push to release mechanism of Ko with a pull to release mechanism as taught by Horimoto in order to reduce the risk of accidental or inadvertent disengagement of the buckle since a push to release mechanism is comparatively more susceptible to unintentional actuation than a pull to release mechanism requiring a deliberate pulling motion.
Regarding claim 13, the combination of Ko and Horimoto teaches the ratchet buckle of claim 12. Ko further discloses 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, the combination of Ko and Horimoto teaches the ratchet buckle of claim 12. Ko further discloses 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, the combination of Ko and Horimoto teaches the ratchet buckle of claim 12. Ko further discloses 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 19, the combination of Ko and Horimoto teaches 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) having a first end (6a) 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)].
Ko does not explicitly disclose wherein responsive to a pulling force applied by the user on a second end (opposite to the first end) of the lever clasp (6), the second end being primarily disposed on the top cover, the rocker tooth (9a) is to be in an unlocked orientation. Instead, Ko discloses that disengagement of the clasp (6) via the rocker pin (5) is accomplished by pressing a knob (10).
Horimoto teaches a buckle release mechanism wherein an operating member (5) has a proximal end rotatably coupled about a pin (6) that couples to a releasing member (4) carrying a tooth engaging structure (45, 46), a distal end is disposed at a top of the buckle housing (3) and is actuated by pulling it up. 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 push to release mechanism of Ko with a pull to release mechanism as taught by Horimoto in order to reduce the risk of accidental or inadvertent disengagement of the buckle since a push to release mechanism is comparatively more susceptible to unintentional actuation than a pull to release mechanism requiring a deliberate pulling motion.
Further, the combination does not expressly teach 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.
Claim(s) 4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko, US 5,588,186 in view of Horimoto, US 8,869,354 as applied to claim 1 and claim 12, respectively, above, and further in view of Chen, US 5,806,145.
Regarding claim 4, the combination of Ko and Horimoto teaches the ratchet buckle of claim 1 except for wherein the top cover, the bottom cover, the rocker pin, and the lever clasp are all connected by a single hinging rod that runs through a corresponding opening formed of each of the top cover, the bottom cover, the rocker pin, and the lever clasp.
Chen teaches a ratchet buckle 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). 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 buckle of the combination of Ko and Horimoto to use a single hinging rod to connect the components as taught by Chen in order to simplify assembly and reduce the part count of the buckle.
Regarding claim 15, the combination of Ko and Horimoto teaches the ratchet buckle of claim 12 except for wherein the top cover, the bottom cover, the rocker pin, and the lever clasp are connected by a hinging rod that runs through a corresponding opening formed of each of the top cover, the bottom cover, the rocker pin, and the lever clasp.
Chen teaches a ratchet buckle 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 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). 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 buckle of the combination of Ko and Horimoto to use a single hinging rod to connect the components as taught by Chen in order to simplify assembly and reduce the part count of the buckle.
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 Horimoto, US 8,869,354 as applied to claim 5 and claim 12, respectively, above, and further in view of Yabe et al., US 2021/0137226.
Regarding claim 6, the combination of Ko and Horimoto teaches the ratchet buckle of claim 5 except for wherein a slot portion of the band forms a slot configured to receive an excess length portion of the band body 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 further modify the band of the combination of Ko and Horimoto 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, the combination of Ko and Horimoto teaches 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 and Horimoto 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 Horimoto, US 8,869,354 and further 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, Horimoto, 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, Horimoto, 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 Horimoto, US 8,869,354 and further 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, Horimoto, 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, Horimoto, 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot in view of the new ground(s) of rejection necessitated by amendment filed May 13, 2026. In particular, the amendments to independent claims 1, 12, and 20 introducing the first end (of the lever clasp) and a pulling force applied on the second end (of the clasp) have necessitated the new grounds of rejection. As set forth above, the new ground(s) of rejection relies on Horimoto, US 8,869,354 that was not previously applied. The arguments pertaining to Ko and Chen alone do not address the newly cited Horimoto reference and accordingly making the arguments not persuasive in view of the rejection of the claims in the Office action.
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.
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.
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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
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