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 .
Claim Objections
Claim 10 objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the Claim 10 has not been further treated on the merits.
Examiner notes that the most recently filed claims (1/31/25) set forth the improper multiple dependent claim. A preliminary amendment filed 7/11/24 corrects the claim dependency, but is not the most recently filed claim set. Examiner suspects the claim set of 1/31/25 was filed in error. As such, although not treated on the merits, Examiner will provide a basis for rejection of Claim 10 on the merits as a courtesy and in the service of compact prosecution.
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 1-10 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 1 recites “the clamping member rotates in the groove and passes through the protruding portion”, however, the clamping does not appear to “pass through” the protruding portion, but does impinge upon and move past the protruding portion.
Claim 2 recites “the clamping member passes through the protruding portion”, however, the clamping does not appear to “pass through” the protruding portion, but does impinge upon and move past the protruding portion.
Claim 6 recites “the clamping member rotates in the groove and passes through the protruding portion”, however, the clamping does not appear to “pass through” the protruding portion, but does impinge upon and move past the protruding portion.
Claim 9 recites “the clamping member rotates in the groove and passes through the protruding portion”, however, the clamping does not appear to “pass through” the protruding portion, but does impinge upon and move past the protruding portion.
Claims 3-5, 7-8 and 10 are rejected as depending from a rejected claim. Note that Claim 10 is not treated on the merits.
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) 1-2, 6 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 6870599.
Regarding Claim 1, JP ‘599 teaches:
A male buckle (1) and a female buckle (2) fit with each other, the male buckle comprising a connecting portion (see below), the connecting portion comprising a clamping member (312); the female buckle being provided with an opening (see below) for inserting the clamping member, the opening extending towards the interior of the female buckle and forming a groove (23) for accommodating the clamping member along a circumferential direction, an elastic member (22) being provided in the groove (23), a protruding portion (221) for preventing the clamping member from passing through being provided on the elastic member; when a torque is applied to the male buckle so that the clamping member rotates in the groove and passes through the protruding portion, the clamping member squeezing the protruding portion and causing the protruding portion to retreat to allow the clamping member to pass through; after the clamping member passes through the protruding portion, the protruding portion returning to a position before squeezed (see Figs. 3, 7-8).
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Regarding Claim 2, JP ‘599 teaches:
The elastic member is an elastic sheet (see 22), one end of the elastic sheet (see Figs. 4, 7-8) is fixed at a bottom of the groove (Figs. 7-8), and the other end is a free end (Figs. 7-8); the protruding portion (221) is provided at the free end of the elastic sheet; when the clamping member squeezes the protruding portion, the protruding portion retreats; after the clamping member passes through the protruding portion, the protruding portion returns to the position before squeezed under the action of the elastic sheet (See Figs. 7-8).
Regarding Claim 6, JP ‘599 teaches:
A male buckle (1) and a female buckle (2) rotatable relative to each other;
at least one clamping member (312) being provided on the male buckle;
the female buckle being provided with an opening (see above) for inserting the clamping member and a groove (23) for allowing the clamping member to rotate;
an elastic member (22) being provided in the groove;
a protruding portion (221) for limiting the clamping member being provided on the elastic member;
when a torque is applied to the male buckle so that the clamping member rotates in the groove and passes through the protruding portion, the clamping member squeezing the protruding portion and causing the protruding portion to retreat to allow the clamping member to pass through (see Figs. 3, 7-8);
after the clamping member passes through the protruding portion, the protruding portion returning to a position before squeezed to complete the operation of locating the male buckle on the female buckle (see Figs. 3, 7-8).
Regarding Claim 9, JP ‘599 teaches:
The elastic member is an elastic sheet (see 22), one end of the elastic sheet (see Figs. 4, 7-8) is fixed at a bottom of the groove (Figs. 7-8), and the other end is a free end (Figs. 7-8); the protruding portion (221) is provided at the free end of the elastic sheet; when the clamping member squeezes the protruding portion, the protruding portion retreats; after the clamping member passes through the protruding portion, the protruding portion returns to the position before squeezed under the action of the elastic sheet (See Figs. 7-8).
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hanchett, U.S. Patent 11,864,646
Regarding Claim 1, Hanchett teaches:
A male buckle (210) and a female buckle (220) fit with each other, the male buckle comprising a connecting portion (340), the connecting portion comprising a clamping member (342-348); the female buckle being provided with an opening (330) for inserting the clamping member, the opening extending towards the interior of the female buckle and forming a groove (334) for accommodating the clamping member along a circumferential direction, an elastic member (200) being provided in the groove, a protruding portion (312) for preventing the clamping member from passing through being provided on the elastic member; when a torque is applied to the male buckle so that the clamping member rotates in the groove and passes through the protruding portion, the clamping member squeezing the protruding portion and causing the protruding portion to retreat to allow the clamping member to pass through; after the clamping member passes through the protruding portion, the protruding portion returning to a position before squeezed (see Figs. 7-9).
Regarding Claim 2, Hanchett teaches:
The elastic member is an elastic sheet (see 312, Fig. 6), one end of the elastic sheet is fixed at a bottom of the groove (Figs. 3-4), and the other end is a free end (Fig. 6, element 610); the protruding portion (612, 614, 616) is provided at the free end of the elastic sheet; when the clamping member squeezes the protruding portion, the protruding portion retreats; after the clamping member passes through the protruding portion, the protruding portion returns to the position before squeezed under the action of the elastic sheet (See Figs. 7-9).
Regarding Claim 3, Hatchett teaches:
A protrusion (see below) is provided in the opening, a recess (see below) fit with the protrusion is provided on the connecting portion (340), and the protrusion is abutted against the recess when the connecting portion is inserted into the opening (see below, see Fig. 4).
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Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uhari, U.S. Patent 7,226,321.
Regarding Claim 6, Uhari teaches:
A male buckle (100) and a female buckle (500) rotatable relative to each other;
at least one clamping member (104A, B) being provided on the male buckle;
the female buckle being provided with an opening (see below) for inserting the clamping member and a groove (see below) for allowing the clamping member to rotate;
an elastic member (510/512, Col 5, Lns 50-65) being provided in the groove;
a protruding portion (see below) for limiting the clamping member being provided on the elastic member;
when a torque is applied to the male buckle so that the clamping member rotates in the groove and passes through the protruding portion, the clamping member squeezing the protruding portion and causing the protruding portion to retreat to allow the clamping member to pass through (see Col 5, Ln 50 – Col 6, Ln 17);
after the clamping member passes through the protruding portion, the protruding portion returning to a position before squeezed to complete the operation of locating the male buckle on the female buckle (see Col 5, Ln 50 – Col 6, Ln 17).
**Examiner’s Note: Examiner notes that element 510/512 is interpreted to meet the claim limitation because elements 510 and 512 are a monolithic element and 510 extends radially into the groove as shown below and in Fig. 5.
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Regarding Claim 8, Uhari teaches:
The groove is provided with a recessed portion (see above) at a position fit with the protruding portion (Fig. 5);
the recessed portion is provided on a bottom wall or side wall of the groove (see above, see Fig. 5), is provided with the elastic member inside, is capable of accommodating the protruding portion (see above, see Fig. 5), and forms a retreating space (see above, see Fig. 5) for the protruding portion;
the elastic member is a spring, a rubber body, a torsion spring, or an elastic sheet (see elastic sheet 510/512).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP ‘599 as applied to claim 1 above, and further in view of Bonfanti, U.S. Patent 2015/0248975.
Regarding Claim 4, JP ‘599 teaches:
The connecting portion comprises an insertion head (31)…and the opening is in a shape fit with the connecting portion (see 312, Figs. 1-2).
JP’599 does not teach:
The clamping member is cylindrical, the clamping member is symmetrically provided at the end of the insertion head.
Bonfanti teaches:
The clamping member is cylindrical, the clamping member is symmetrically provided at the end of the insertion head (see elements 18, see paragraphs [0028-29]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide JP ‘599 with symmetrical cylindrical clamping members as taught by Bonfanti because an additional clamping member would provide additional fastening force and would also allow the fastener to still function if one clamping member becomes ineffective due to damage or wear-and-tear. Examiner notes that although JP ‘599 provides an advantage in the tapered cylinder shape, Bonfanti still constitutes prior art because “a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments”, see MPEP 2123, and a cylindrical shape would be simpler to manufacture than a tapered cylinder.
Regarding Claim 5¸ in the instant combination, JP ‘599 teaches:
The male buckle further comprises a fixed portion (5) fixedly connected with the connecting portion (Fig. 4), and the fixed portion (5) is provided with a through hole (51).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uhari ‘321 as applied to claim 6 above, and further in view of Starck, U.S. Patent Application Publication.
Regarding Claim 7, Uhari teaches:
The clamping member (104A, B)…subjected to chamfering treatment (see below) and extends outwards from a main body of the male buckle to form a protruding wing-shaped body (Fig. 1).
Uhari does not teach:
The clamping member is a cylindrical or spherical structure or a square structure.
Starck teaches:
Clamping members being of a round, cylindrical, square, rectangular or hexagonal structure (see Paragraph [0057).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Uhari with a square structure of the clamping member, as taught by Starck, because the clamping members are already rectangular and making the wings square would reduce the volume of the clamping members which would therefore reduce the material required to manufacture the clamping member and this would save material manufacturing costs in the high volume manufacturing and a change in shape is generally considered obvious to those of ordinary skill in the art and applicant has not provided any unforeseen result stemming from the use of the claimed structure nor provided any specific problem solved by the claimed structure nor stated any criticality stemming from use of the claimed structure, In re Dailey. And, Starck clearly sets forth square and rectangular shapes as being obvious variants
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rawlins, U.S. Patent 8,979,716 in view of Hanchett ‘646.
Regarding Claim 10, Rawlins teaches:
A chest expander comprising pull ropes (400) and a chest expander body (200) being equipped with a buckle connector (300).
Hanchett ‘646 teaches the buckle connector of Claim 1.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Rawlins with a buckle connector as taught by Hanchett because that would allow the connector separate the pull ropes from the body so that one or the other can be replaced in case of damage or so that the pull ropes could be used on additional alternate exercises devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
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