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 Objections
Claim 8 is objected to because of the following informalities: the claim was previously withdrawn from consideration and depended from claim 7 (which is now canceled); claim 8 should be amended to depend from claim 1 (or canceled) and remains withdrawn from consideration as being drawn to a nonelected species. Appropriate correction is required.
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) 11, 13, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steinke, II, US 2018/0368531.
Regarding claim 11, Steinke II discloses a locking mechanism, comprising: a top locking component comprising: a male top rivet portion (10) having a turning head (having ridges) and a first rivet element (11) extending away from the turning head, and a female top portion (20) having a center cavity (see figure 3A) and a center protrusion (22) disposed on opposite sides of the female top portion (figure 3B), the female top portion further comprising a plurality of legs (21), each of the plurality of legs comprising a winged projection (end portions of said legs projecting outwardly) extending outward from the center cavity (figure 3A), the center cavity being fixedly coupled to the first rivet element (11) to radially form a gap (see figure 2) between the turning head and the female top portion (20); and a bottom locking component comprising: a female bottom portion (30) having a top surface (see figure 3A) and a bottom surface opposite the top surface (see figure 3B), the female bottom portion comprising a center aperture (see an annotated figure 3A below) and a plurality of recesses (31) extending from the top surface, wherein each of the plurality of recesses comprises an upper ceiling (see the annotated figure 3A), a side wall (see the annotated figure 3A), and a bumper (32) forming a locking cavity (see the annotated figure 3A); wherein the top locking component is removably coupled (via rotation of the top locking component) to the bottom locking component; and further wherein the turning head (of 10) of the male top rivet portion (10) further comprising an outer rim (on its exterior) with a plurality of points (a plurality of ridges for gripping that are disposed vertically above the legs 21), wherein each of the plurality of points (ridges) is vertically aligned above one of the winged projections (of 21) to aid in aligning the top locking component (having portion 10) with the bottom locking component (having portion 30; see figure 1 for the particular ridges that are vertically aligned above the projections of the legs 21).
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Regarding claim 13, Steinke II discloses the locking mechanism of claim 11, wherein each of the winged projections (of 21) is disposed inside one of the locking cavities (to be engaged), each of the winged projections (of 21) being locked into place by the side wall (to limit the movement of the projections), the upper ceiling (above said projections), and the bumper (32) of the respective locking cavity.
Regarding claim 15, Steinke II discloses the locking mechanism of claim 11, wherein the plurality of recesses (31) is evenly distributed from the center aperture (see the annotated figure 3A) of the female bottom portion (30).
Regarding claim 16, Steinke II discloses the locking mechanism of claim 11, wherein the center protrusion of the female top portion (20) contacts the center aperture of the female bottom portion (30) during engagement of the top and bottom locking components (see figure 1).
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) 1, 2, 4-6, 12, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steinke, II, US 2018/0368531 in view of Komoto, US 9,812,812.
Regarding claim 1, Steinke, II discloses a locking mechanism [used with an article of clothing], the locking mechanism comprising: a top locking component comprising: a male top rivet portion (10) having a turning head (a top portion of 10) and a first rivet element (11) extending away from the turning head, and a female top portion (20) having a center cavity (see the cavity portion of 20 in figure 3A) and a center protrusion (see protrusion element 22 in figure 3B) disposed on opposite sides of the female top portion (figure 3B), the female top portion (20) further comprising a plurality of legs (21), each of the plurality of legs (21) comprising a winged projection (an end portion that is projecting outwardly) extending outward from the center cavity (see figure 3B), the center cavity being fixedly coupled to the first rivet element (11) to radially form a gap (see figure 5) between the turning head (of 10) and the female top portion (20), [wherein a first section of the article of clothing is disposed along the gap and further wherein the top locking component is rotatable about the first section of said article of clothing]; and a bottom locking component comprising: a female bottom portion (30) having a top surface (see figure 1) and a bottom surface (figure 3B) opposite the top surface, the female bottom portion (30) comprising a center aperture (see figure 3A) and a plurality of recesses (31) extending from the top surface (figure 3A), wherein each of the plurality of recesses (31) comprises an upper ceiling (see the annotated figure 3A), a side wall (see the annotated figure 3A), and a bumper (32) forming a locking cavity (see the annotated figure 3A), the female bottom portion (30) further comprising a plurality of gripping elements disposed on the bottom surface, and a male bottom portion rivet (50) having a second rivet element (see the annotated figure 3A) fixedly coupled to the center aperture of the female bottom portion (30), [wherein a second section of the article of clothing is disposed between the female bottom portion (30) and the male bottom portion rivet (50) and further wherein the bottom locking component is non-rotatable about the second section of said article of clothing]; wherein the top locking component is removably coupled to the bottom locking component (via the top locking component being rotatable to release from the bottom locking component); and further wherein the turning head (of 10) of the male top rivet portion (10) further comprising an outer rim (on its exterior) with a plurality of points (a plurality of ridges for gripping that are disposed vertically above the legs 21), wherein each of the plurality of points (ridges) is vertically aligned above one of the winged projections (of 21) to aid in aligning the top locking component (having portion 10) with the bottom locking component (having portion 30; see figure 1 for the particular ridges that are vertically aligned above the projections of the legs 21).
Steinke II does not explicitly disclose the female bottom portion (30) further comprising a plurality of gripping elements disposed on the bottom surface. Komoto teaches a button connector (locking mechanism) wherein the female bottom portion (23) comprising a plurality of gripping elements (28; configured to be fitted with a second cloth between elements 30 and 28) disposed on the bottom surface. 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 female bottom portion of Steinke II to include gripping elements as taught by Komoto in order to provide better gripping for the locking mechanism to attach to a second cloth and prevents unwanted rotation of the fixed bottom portion component relative to the fabric.
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 locking mechanism, 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 snap lock taught by the combination of Steinke II (US 2018/0368531) and Komoto (US 9,812,812), 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.
Regarding claim 2, the combination of Steinke II and Komoto teaches the locking mechanism of claim 1. Steinke II further discloses wherein each of the winged projections (of 21) is disposed inside one of the locking cavities (to be engaged), each of the winged projections (of 21) being locked into place by the side wall (to limit the movement of the projections), the upper ceiling (above said projections), and the bumper (32) of the respective locking cavity.
Regarding claim 4, the combination of Steinke II and Komoto teaches the locking mechanism of claim 1. Steinke II further discloses wherein the plurality of recesses (31) is evenly distributed from the center aperture (see the annotated figure 3A) of the female bottom portion (30).
Regarding claim 5, the combination of Steinke II and Komoto teaches the locking mechanism of claim 1. Komoto further teaches wherein the plurality of gripping elements (30) engages with the second section (the second cloth) of the article of clothing.
Regarding claim 6, the combination of Steinke II and Komoto teaches the locking mechanism of claim 1. Steinke II further discloses wherein the center protrusion of the female top portion (20) contacts the center aperture of the female bottom portion (30) during engagement of the top and bottom locking components (see figure 1).
Regarding claim 12, Steinke II discloses the locking mechanism of claim 11. Steinke II does not explicitly disclose the female bottom portion (30) further comprises a plurality of gripping elements disposed on the bottom surface. Komoto teaches a button connector (locking mechanism) wherein the female bottom portion (23) comprising a plurality of gripping elements (28; configured to be fitted with a second cloth between elements 30 and 28) disposed on the bottom surface. 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 female bottom portion of Steinke II to include gripping elements as taught by Komoto in order to provide better gripping for the locking mechanism to attach to a second cloth.
Regarding claim 20, the combination of Steinke II and Komoto teaches the locking mechanism of claim 1. The combination further teaches wherein a free end of each of the plurality of gripping elements (28 of Komoto) terminates at a surface of the male bottom portion rivet (50 of Steinke II when the gripping elements protrude from the bottom portion 30 of Steinke II).
Regarding claim 21, the combination of Steinke II and Komoto teaches the locking mechanism of claim 12. The combination further teaches wherein a free end of each of the plurality of gripping elements (28 of Komoto) terminates at a surface of the male bottom portion rivet (50 of Steinke II when the gripping elements protrude from the bottom portion 30 of Steinke II).
Response to Arguments
Applicant's arguments filed February 11, 20206 have been fully considered but they are not persuasive. Applicant has argued that claims 1 and 11 have been amended to include features from canceled claims 3 and 14, respectively, and one additional change (‘vertically aligned above’ instead of disposed above) to clarify the novelty of the plurality of points. Because Steinke’s plurality of points which are grooves dispersed along the outer edge even though some of its points (grooves) may be vertically aligned above a winged projection, most of them are not. The argument is found not persuasive in view of the rejection above wherein each of the plurality of points is required to be ‘vertically aligned’ above one of the legs 21 having the claimed projections. Moreover, the particular grooves (having ridges that read on the plurality of points) of Steinke II are always above each projection (of at least one ‘leg’ 21) and therefore read on the vertical alignment relationship required by the claims. As shown in the figure 1 of Steinke II, the number of ridges on the cover 10 is a multiple of the number of ‘legs’ 21, meaning that at predictable intervals, the ridges will be ‘vertically aligned’ above each leg 21. It is noted that the claim language does not require a one to one correspondence between the plurality of points and the winged projection.
Applicant further argues that it would not be obvious to modify the female bottom portion (30) of Steinke II to include gripping elements as taught by Komoto because the teaching reference requires fitting holes to allow its gripping elements to line up and slide into said fitting holes. However, the argument is found not persuasive because it is more limiting than the claimed invention since claim 1 (and claim 12) recites only “gripping elements disposed on the bottom surface” and Komoto teaches that the second cloth is held between surface 24B and the plate 23 and the gripping function is performed by the clamping between the two plates sandwiching the fabric with the elements 28 contributing to prevention of rotation (relative to the fabric) by resisting circumferential slip.
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.
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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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