DETAILED ACTION
Claim Objections
Claims 12 and 16 are objected to because of the following informalities: “part” should be “apart”. Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “137” has been used to designate both the inward facing surface of the female component (130, figures 3A-B) and the inward facing surface of the male component (136, figure 7). 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.
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 10-11 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 10, line 3, “the two lengths” lack antecedence. It is suggested that the limitation be changed to “the two legs” to correct the problem.
Claim 11 is rejected for the same reason as claim 10. Because, claim 11 depends from claim 10.
Claims 13-16 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 13, line 9, it is misdescriptive to claim “the face comprising an annular opening”. In this embodiment of the invention, figures 3A-7, the face (147) has an opening. But, the opening is a circular opening. There is no annular opening in the face of the cylinder section of the female snap-fit component.
Claims 14-16 are rejected for the same reason as claim 13. Because, claims 14-16 depend from claim 13.
Claims 17-20 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 17, line 18, it is misdescriptive to claim “the face defining an annular opening”. In this embodiment of the invention, figures 3A-7, the face (147) has an opening. But, the opening is a circular opening. There is no annular opening in the face of the cylinder section of the female snap-fit component.
Claims 18-20 are rejected for the same reason as claim 17. Because, claims 18-20 depend from claim 17.
Regarding claim 19, “article opening” has previously been defined in claim 17 as an opening in the article. Defining the article opening a second time makes the claim indefinite. It is suggested that the “article opening” be changed to “the opening” to correct the problem.
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 1-12 are rejected under 35 U.S.C. 102a(1) as being anticipated by Lee, US 1336243 A.
Regarding claims 1-5, Lee discloses a selectively attachable ornament (removable button, figure 1) comprising a decoration mounting member (a, d, e), an attachment member (b), a male snap-fit component (c, k, l) attached to the decoration mounting member (f) and a shaft (c) connected to an engagement portion (k, l), and a female snap-fit component (m, n, o, p) attached to the attachment member (s). The female snap-fit component (p) comprising two legs that define an interior space (see annotated figures 2 and 3). The two legs are resiliently displaceable away from one another to receive the engagement portion of the male snap-fit component in the interior space (lines 45-80, and claim), i.e., the diametric spacing between the semi-cylindrical legs of the sleeve (p) is smaller than the diameter of the engagement portion (see annotated drawing), which causes the legs to deflect as the engagement portion is inserted through and past the legs. The lips of the legs (q) spring back as the groove (l), just above the engagement portion of the shaft, is engaged. This holds the attachment member and decorative member together.
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Regarding claims 6-9, Lee is applied as set forth previously. Claim 6 defines that the attachable ornament is attached to an article having an opening that is smaller that the surface area of both the decoration mounting member and the attachment member.
Lee discloses that the device is a tie button that is used to hold two ends of a four-in-hand tie together (lines 8-18). The use of a tie button and how it is attached to the tie is disclosed and known from the disclosure (lines 40-44). Therefore, Lee discloses the article with an opening that is smaller, i.e., it is of a size approximately the size of the diameter of the shaft (c), in diameter than the diameter of the surfaces on the decoration mounting member (f) and the attachment member (m) to provide surfaces that engage the fabric of the tie to hold the tie parts to one another.
Regarding claims 4 and 10, Lee discloses the ends of the semicylindrical legs (figure 3) as “radially inward projecting, opposing flanges that define the opening” (q).
Regarding claims 5 and 11, Lee discloses the engagement portion with a second radial width (at ‘k’) smaller than a first radial width (width of the engagement portion just below the groove ‘l’) at a location distant from the first radial width (at the tip of the engagement portion, ‘k’).
Regarding claim 12, as can be seen in the annotated figure 1, Lee discloses a space between the inner surfaces of the two legs and the engagement portion
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Allowable Subject Matter
Claims 13 and 17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 14-16 and 18-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fail to disclose a selectively attachable ornament comprising a decoration mounting member, an attachment member, a male snap-fit component attached to the decoration mounting member including a shaft connected to an engagement portion and a female snap-fit component attached to the attachment member. The engagement portion being spaced apart from the decoration mounting member along a first axis. 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 an annular surface surrounding a circular opening. The cylinder section comprising at least one circumferential opening, i.e., a hole surrounded by the sidewall of the cylinder section and the inward facing surface (137, in figures 3A, 3B) of the female component, extending around a portion of a circumference of the cylinder section.
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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677