DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 14-16 and 19 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.
Regarding claim 14, the term “large” in said claim is a relative term which renders the claim indefinite. The term “large” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Likewise, the term “small” in said claim is also a relative term which renders the claim indefinite. The term “small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 15 and 16 depend from claim 14 and do not resolve the issues noted above and are likewise rejected under 35 USC § 112(b) for indefiniteness.
Regarding claim 19, the term “small-diameter” in said claim is a relative term which renders the claim indefinite. The term “small-diameter” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 13-17, 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Romano (US 20190121295, hereinafter Romano).
Regarding claim 13, Romano discloses “A connector comprising: a slide section (para. [0026], “bar”; fig, 2a, element 4) whose one side is provided with a catching and releasing section (para. [0028], “cylindrical shaft 40” comprising “flat portion 41”; fig. 3a) which is engageable with and disengageable from a catching section (para. [0026], “insert”; fig. 4, element 20) formed in a first member (para. [0026], “bracelet”; fig. 4, element 2); and an operation section (fig. 3.a, the portion of the shaft from the end of flat portion 41 to the head 44 and including said head) which includes a head section (para. [0033], “collar”; fig. 1, element 44) and an engaging section (para. [0031], “notch”; fig. 3b, element 43) fixed in an engaging target section (para. [0031], “guide track”; fig. 3b, element 42) formed in the catching and releasing section of the slide section, is attached to a second member (para. [0028], “horn”; fig. 1, element 3), and releases the catching and releasing section from engaging with the catching section (guide track (42) releases the flat portion (41) from engaging with the insert (20)).”
Regarding claim 14, Romano discloses “the catching section of the first member (para. [0026], “insert”; fig. 4, element 20) includes a fitting hole (para. [0028], “fitting”; fig. 4, element 200) and a slide groove which has a groove width shorter than an inner diameter of the fitting hole (para. [0036], “opening”; fig. 4, element 210) and extends from an inner circumferential surface of the fitting hole to an outer end of the first member (see fig. 4, opening (210) extends from the inner fitting (200) to the end of bracelet (2)), and wherein the catching and releasing section includes a fitting section which has a large diameter and is fitted into the fitting hole (para. [0028], “cylindrical shaft”; fig. 3a, element 40), and a sliding section which has a small diameter and is capable of being inserted into and passing through the slide groove when the fitting section is separated from the fitting hole (flat portion”; fig. 3a, element 41).”
Regarding claim 15, Romano discloses “the catching and releasing section includes a stopper section (para. [0034], “guide pin”, fig. 2a, element 31) which prevents the fitting section from slipping out toward the operation section side when the fitting section is fitted into the fitting hole (guide pin (31) cooperates with guide track (42) to prevent excess operation side movement).”
Regarding claim 16, Romano discloses “the slide groove is provided with a slide regulation section which regulates sliding of the sliding section (opening (210) provides a blocking means to prevent the operation of the bar (4) during the insertion or removal of a watch band, thus regulating the sliding movement of the slide section).”
Regarding claim 17, Romano discloses “the catching and releasing section is a pair of catching and releasing sections (para. [0028], “bar 4 is formed by two shafts 40”; fig. 1), and includes an energizing member (para. [0028], “spring”; fig. 2b element 5) which forces the catching and releasing sections in directions to be away from each other.”
Regarding claim 21, Romano discloses “the second member includes a pipe section (para. [0025], “passage”; fig. 2a, element 30) into which the first portion of the operation section is slidably inserted and the sliding section of the catching and releasing section is inserted such that the sliding section can be pulled out toward the first member side (the passage (30) containing the spring also contains the end of the sliding portion of the device, and operates so that when slid outward, the band may be removed form the band side).”
Regarding claim 23, Romano discloses “A timepiece comprising the connector according to claim 13 (para. [0026], “FIGS. 1 to 4 illustrate a wristwatch and detailed views of the device for attaching bracelet 2 to watch case 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 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Romano in view of Jackl (US 5272638, Hereinafter Jackl).
Regarding claim 22, Romano anticipates the connector according to claim 13. However, Romano fails to disclose “the first member is provided with a fixing projection which is arranged in a fixing recess section formed in the second member so as to fix the first member to the second member”
Jackl teaches “the first member (col. 2, ln. 46, "watch band", fig. 2, element 10) is provided with a fixing projection () which is arranged in a fixing recess section formed () in the second member (col. 3, ln. 1, “watch case”; fig. 1, element 12, ) so as to fix the first member to the second member”. Specifically, Jackl teaches “As can best be seen in FIG. 8, the lugs 46 are adapted to be received in the first sockets 34 of a respective side of the watch case 12, with the second lug apertures 52 being aligned with the first apertures 30 of the ribs 30 to thereby receive the cross pin 16, the latter establishing a pivotal connection between the watch case and the outer shell 36.”.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the connector and timepiece of Romano with the projection and recess of Jackl to create a timepiece watchband and connector wherein exists a watch band connector with a projection and case with a recess for receiving the projection with the expected benefit of aligning the watch band connector and timepiece case for proper orientation for the smooth operation of the cylindrical fastening component of the band attachment.
This method for improving the watchband and connector of Romano with the complementary projections and recesses of Jackl was within the ordinary ability of one of ordinary skill in the art before the effective filing date of the claimed invention based on the teachings of Romano.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Romano and Jackl to obtain the invention as claimed in claim 22.
Thus the combined art of Romano and Jackl make obvious the band attachment connector according to claim 22
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Romano in view of Munnier (US 5398218, hereinafter Munnier).
Regarding claim 24, Romano anticipates the connector according to claim 13 and timepiece comprising said connector according to claim 23, wherein the first member is a watchband and the second member is the case of the timepiece.
However, Romano fails to teach the configuration wherein the first member is the watch case and the second member is the band.
Munnier teaches the connector configuration according to claim 13 and timepiece comprising said connector according to claim 23 wherein the first member is the watch case and the second member is the band. Specifically, Munnier teaches (with reference to claim 13) “A connector comprising: a slide section (col. 2, ln. 40, "connecting pin"; fig 1, element 5) whose one side is provided with a catching and releasing section (col. 3, ln. 1, "small diameter portion"; fig. 3, element 20) which is engageable with and disengageable from a catching section (col. 2, ln. 31, "a groove"; fig. 2 element 10) formed in a first member (col. 2, ln. 29, "connecting lugs"; fig. 1, element 3); and an operation section (col. 2, ln. 45, "hollow second pin"; fig. 1, element 13) which includes a head section (col. 2, ln. 68, "head section"; fig. 1, element 8) and an engaging section (col. 3, ln. 2, "an end portion"; fig. 3, element 22) fixed in an engaging target section (col. 3, ln. 22, "a tapered shoulder portion" fig. 3, element 25) formed in the catching and releasing section of the slide section, is attached to a second member (col. 2, ln. 45, "solid first pin"; fig. 3, element 12), and releases the catching and releasing section from engaging with the catching section (when the head section 8 is pulled, the engaging section 22 is released, thus disengaging the catching and releasing section 20 from the catching section 3).” Munnier further teaches (with reference to claim 23) “A timepiece comprising the connector according to claim 13 (col. 2, ln. 24-26, “a wrist watch to which the present invention is applied, a watch case 2 of a watch 1”; fig. 1, elements 2 and 1 respectively).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the connector and timepiece of Romano wherein the first member is the band and the second member is the case of the timepiece with the teachings of Munnier wherein the first member is the watch case, and the second member is the band with the expected result of creating multiple options for the manufacturer to apply the connector to various models and styles of timepieces and their associated bands.
This method for improving the connector and timepiece of Romano with the reversed connector orientation of Munnier was within the ordinary ability of one of ordinary skill in the art before the effective filing date of the claimed invention based on the teachings of Romano.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Romano and Munnier to obtain the invention as claimed in claim 24.
Thus the combined art of Romano and Munnier make obvious the invention according to claim 24.
Allowable Subject Matter
Claim 18 and 20 are objected to as being dependent upon a rejected base claim and claim 19 is rejected under 35 USC § 112(b) for indefiniteness. However, as best understood by the examiner, claims 18-20 contain subject matter which may be potentially allowable over the prior art if rewritten in independent form including all of the limitations of the base claim and any intervening claims, provided that the required amendments to the claims to overcome the rejections as detailed in this office action are made.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hagmann – WO 9310486 – Wristwatch – Discloses a quick-release watch band attachment connector using a pushbutton/plunger type arrangement cooperating with a modified spring bar.
Nagahara – US 20170164698 – Band and Timepiece – Discloses a watch band connector wherein various projections and recesses cooperate to align the device for attachment to the case.
Takie – JP H03085914 – Band and Timepiece – Discloses several variations on spring-bar endpieces for attaching a watch band to a case.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J WALKER whose telephone number is (571)270-7599. The examiner can normally be reached from 8:00 AM - 4:00 PM ET Monday through Friday.
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, Regis Betsch can be reached at (571) 270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL JAMES WALKER/ Examiner, Art Unit 2844
/REGIS J BETSCH/ SPE, Art Unit 2844