DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first opening comprising a clasp must be shown or the feature canceled from claim 14. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 114A, 114B. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “116A, 116B” has been used to designate both holes in figure 6B and hooks in figure 6A. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in [0057], 166B should be 116B?
Appropriate correction is required.
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.
Claim 14 is 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.
It is misdescriptive to claim that the first opening comprises a clasp. The first opening (114A or 116A or 114 or 116) is a hole/opening. It is not a clasp.
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 1-6, 11 and 13 are rejected under 35 U.S.C. 102a(1) as being anticipated by Swaim, US 5279132.
Swaim discloses a jewelry clasp positioning device (figure 4) comprising a patch (42) having a first face (30) with an adhesive (32) thereon, a second face (44), a first fastener (the c-shaped portion extending from the periphery of the patch), a second fastener (the c-shaped portion extending from the periphery of the patch).
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Regarding claims 4-6, as shown in the annotated drawing on the previous page, Swaim discloses the first and second fasteners attached to a protruding structure extending outwardly from the perimeter/edge of the patch.
Regarding claims 11 and 13, a second interpretation of Swaim discloses a patch having a first and second face with two openings extending from the first face to the second face to receive a clasp of a piece of jewelry.
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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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Swaim, US 5279132.
Regarding claim 7, Swaim discloses the patch (32) can be made from metal, plastic, paper, foil or the like (column 5, lines 7-10), which are all different colors. The examiner takes official notice of the fact that jewelry is made from gold or silver material or from any color to improve the aesthetics of the jewelry. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to make Swaim’s jewelry clasp position device, which is attached to the jewelry necklace from a color that is complimentary to the jewelry article, such as gold or silver, to improve the aesthetics of the jewelry assembly.
Regarding claim 8, Swaim discloses the patch (32) can be made from metal, plastic, paper, foil or the like (column 5, lines 7-10). Swaim discloses that the patch can be made from a flexible material such as paper or foil. The examiner takes official notice of the fact that small flexible plastic fasteners with adhesive are old and well known for attaching to other than planar surfaces. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to make Swaim’s plastic patch as a flexible plastic patch to accommodate the curves of a human neck to ensure a better connection between the adhesive on the flexible plastic patch and the user’s neck.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Swaim, US 5279132 in view of Hansen, US 2020/0000186 A1. Swaim discloses a jewelry clasp positioning device for a single necklace. The claim requires that the device have at least three fasteners for holding at least three necklaces.
Hansen discloses a holder (figure 1, 101) for positioning and holding three necklaces (701) with three fasteners (104, 105) on the holder.
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Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to modify Swaim’s single necklace holder into a holder for three necklaces to improve the positioning of the three necklaces about the wearer’s neck with a single holder, i.e., making it more efficient and less costly than using three separate adhesive positioning holders.
Claims 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Swaim, US 5279132 in view of LaRocque, US 20100229356 A1.
Swaim discloses the method steps of selecting a color of the jewelry clasp position device, i.e., the patch (32) can be made from metal, plastic, paper, foil or the like (column 5, lines 7-10), which are all different colors. Swaim discloses a patch (42) having a first face (30) with an adhesive (32) thereon, a second face (44), a first fastener (the c-shaped portion extending from the periphery of the patch), a second fastener (the c-shaped portion extending from the periphery of the patch).
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Attaching a first and second fastening component (18, 18) to the first and second fastener of the patch. Aligning the first face of the patch with a location on the wearer, i.e., the back of the wearer’s neck (figure 7) and then, attaching the patch to the wearer’s neck.
The claim requires the step of removing an adhesive cover from the adhesive, which is not disclosed in Swaim. However, LaRocque discloses that it is old and well known to have an adhesive cover (400) to protect the adhesive on a clasp anchoring device (100) until it is applied to a wearer to ensure the adhesion of the anchoring device to the wearer with the adhesive, i.e., the cover prevents dirt from collecting on the surface of the adhesive, reducing its effectiveness.
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Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to modify Swaim’s patch to include the adhesive cover to ensure the adhesive remains clear of dirt to improve its adhesion when placed on the back of the neck.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Swaim, US 5279132 in view of LaRocque, US 20100229356 A1 and further in view of Hansen, US 2020/0000186 A1. Swaim discloses a jewelry clasp positioning device for a single necklace. The claim requires that the device have at least three fasteners for holding at least three necklaces.
Hansen discloses a holder (figure 1, 101) for positioning and holding three necklaces (701) with three fasteners (104, 105) on the holder.
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Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to modify Swaim’s single necklace holder into a holder for three necklaces to improve the positioning of the three necklaces about the wearer’s neck with a single holder, i.e., making it more efficient and less costly than using three separate adhesive positioning holders.
Allowable Subject Matter
Claims 12 and 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677