DETAILED ACTION
The indicated allowability of claims 13-20 is withdrawn in view of the claims being amended to change the opening from an annular opening to a circular opening. Rejections based on the newly cited reference and the prior cited and applied reference to Lee follow.
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 and 17 are rejected under 35 U.S.C. 102a(1) as being anticipated by Schmelzer, US 2007/0006502 A1.
Regarding claims 13 and 17, Schmelzer discloses a selectively attachable ornament (225) comprising a decoration mounting member (220), an attachment member (215), a male snap-fit component (210) attached to the decoration mounting member (220) and comprising a shaft (210) connected to an engagement portion (1005). The engagement portion (1005) being spaced apart from the decoration mounting member (215) along a first axis (dot-dash line in figure 12A). A female snap-fit component (1007, 1010, 1015) attached to the attachment member (215). The female snap-fit component comprising a cylinder section with a face spaced apart from the attachment member along the first axis. The face comprising a circular opening; and, the cylinder section comprising at least one circumferential opening extending around a portion of a circumference of the cylinder section and along the first axis. Please see the annotated drawing on the subsequent page.
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Claims 13-20 are rejected under 35 U.S.C. 102a(1) as being anticipated by Lee, US 1336243 A.
Regarding claims 13 and 17, Lee discloses a selectively attachable ornament (button with a shaft that pieces a piece of fabric, i.e., extends through a hole in the fabric, figure 1) comprising a decoration mounting member (d), an attachment member (m), a male snap-fit component (c, k, l) attached to the decoration mounting member (d) and comprising a shaft (c) connected to an engagement portion (k, l). The engagement portion (k, l) being spaced apart from the decoration mounting member (d) along a first axis (axis of shaft c). A female snap-fit component (n, o) attached to the attachment member (m). The female snap-fit component (n, o) comprising a cylinder section (n) with a face (o) spaced apart from the attachment member (m) along the first axis (axis of shaft c). The face comprising a circular opening (see figure 3); and, the cylinder section (n) comprising at least one circumferential opening, i.e., the slit extending down the side of the cylinder section between the legs (figure 2) and having a width along the circumference of the cylinder section. Please see the annotated drawing.
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Regarding claim 14, Lee discloses the shaft (c) attached to the decoration mounting member (d) and the engagement portion having a beveled shape to a point (k).
Regarding claim 15, Lee discloses the engagement portion in the form of a tapered conical tip, which has the radial dimensions stated in the claim, i.e., the radial width gets smaller as it tapers into the point (k).
Regarding claim 16, Lee discloses the cylinder section (n) with an inner surface defining the inner receiving space of the cylinder section. The outer surface of the engagement portion (k, l) is spaced apart from the inner surface of the cylinder section along a second axis perpendicular to the first axis.
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Regarding claim 18, Lee discloses the female snap-fit component (n) being spaced apart from the decoration attachment member (d) along the first axis defined by the shaft (c).
Regarding claim 20, Lee discloses a spacing between the engagement portion of the male component (k) and the inner surface of the attachment member along the first axis (see annotated drawing).
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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:
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lee, US 1336243 A. Lee discloses the decorated article for attaching two ends of a four-in-hand tie together or hold any tie to the shirt (page 1, lines 8-16). Lee fails to discloses the details of the spacing between the inner surface of the opening in the article and the female snap-fit component. However, it would be advantageous to have a spacing between the outer surface of the female snap-fit component and the inner surface of the opening in the article to prevent wear and damage to the article when the decorated article is repeatedly placed on and removed from the article, i.e., it would prevent wear from abrasion between the female snap-fit component and the inner surface of the opening in the article. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to provide a space between Lee’s female snap-fit component and the inner surface of the opening the article by making the opening larger than the outer diameter of the female-snap fit component. This would be done to reduce wear on the article and making it easier to insert the female snap-fit component into the opening.
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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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