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 .
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, a second receiver and a second plush toy from claims 8 and 14 must be shown or the feature(s) canceled from the claim(s). 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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 11 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 11 recites “a wrist of a user” which is a positive requirement of the claim requiring a human being, or a human part thereof (i.e., a wrist of a user), which constitutes non-statutory subject matter under 35 USC § 101.
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 9 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 9 recites the limitation "the connector is disposed within a protrusion on an upper surface of the receiver base" in line 1. Is not clear how the connector is disposed within a protrusion on an upper surface of the receiver base, it appears to be misdescriptive, and it is suggested to amend to - - the connector is a protrusion disposed on an upper surface of the receiver base - -.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3, 5, 6, 8-11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Accarrino (US Publication No. 2016/0015146 cited by applicant).
Regarding claim 1, Accarrino discloses a wristband display configured to removably connect to a plush object, the wristband display comprising:
a band having an outer surface, a first end and an oppositely-disposed second end, and a fastener configured to removably couple the first and second ends together to adapt the band to surround a user’s wrist and secure the band to the user’s wrist (see annotated Fig. 7a);
a base located between the first and second ends of the band, the base having a bore therein (see Fig. 5 and annotated Fig. 7c);
a permanent magnet disposed in the bore of the base (see annotated Fig. 7c);
a housing enclosing the base and the permanent magnet disposed in the bore (see annotated Fig. 7c);
a receiver comprising a receiver base and a connector mounted to the receiver base, the receiver base being magnetically couplable to the permanent magnet through the housing so as to be removable from the housing (see annotated Fig. 1a); and
a plush object secured to the receiver base (see annotated Fig. 1a).
PNG
media_image1.png
394
601
media_image1.png
Greyscale
PNG
media_image2.png
676
545
media_image2.png
Greyscale
Regarding claim 2, Accarrino discloses, wherein the housing comprises a bottom cap and a top cap that are assembled and enclose the base (see annotated Figs. 7a and 7b).
Regarding claim 3, Accarrino discloses, wherein the bottom cap and the top cap of the housing each has slots through which portions of the band are received (see annotated Fig. 7b).
Regarding claim 5, Accarrino discloses, wherein the connector is a magnet or a magnetic material (see annotated Fig. 1a).
Regarding claim 6, Accarrino discloses, wherein the connector is disposed in a cavity within the receiver (see annotated Fig. 1a).
Regarding claim 8, Accarrino discloses, wherein the receiver is a first receiver of the wristband display and the plush object is a first plush toy (10) of the wristband display, the wristband display further comprising a second receiver and a second plush toy (20) secured to the second receiver, the first and second receivers being interchangeably magnetically couplable to the housing with the permanent magnet and interchangeably removable from the housing (see Fig. 1a, 2a and 8b).
Regarding claim 9, Accarrino discloses, wherein the connector is disposed within a protrusion on an upper surface of the receiver base, the receiver base has a lower surface that is planar, disposed opposite the protrusion, and contacts the housing, and the upper surface of the receiver is disposed on a same side of the band as the outer surface of the band (see annotated Fig. 1a).
Regarding claim 10, Accarrino discloses, wherein the plush object is permanently attached to the receiver (see annotated Fig. 1a).
Regarding claim 11, Accarrino discloses a method of using a wristband display to display a plush toy, the method comprising:
connecting a first end of a band to a second end of the band so that the band surrounds a wrist of a user (see annotated Fig. 7a and Fig. 8a);
providing a receiver having a plush object attached thereto (see annotated Fig. 1a); and
connecting the receiver to a base of the band by magnetically coupling a connector of the receiver to a permanent magnet within the base (see annotated Figs. 1a and 7a, and Fig. 8b).
Regarding claim 14, Accarrino discloses, wherein the receiver is a first receiver of the wristband display and the plush object is a first plush toy (10) of the wristband display, the wristband display further comprising a second receiver and a second plush toy (20) secured to the second receiver, the method further comprising replacing the first receiver with the second receiver by magnetically decoupling the first receiver from the base and magnetically coupling the second receiver to the base (see Fig. 1a, 2a and 8b).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Accarrino (US Publication No. 2016/0015146 cited by applicant), in view of Broderick (US Patent No. 5,813,971).
Regarding claim 4, Accarrino discloses the claimed invention except for the top cap has at least two arcuate protrusions received in at least two arcuate channels defined in the bottom cap with an interference fit therebetween to removably secure the bottom and top caps together.
However, Broderick teaches the top cap has at least two arcuate protrusions (22) received in at least two arcuate channels (36) defined in the bottom cap with an interference fit therebetween to removably secure the bottom and top caps together (see Figs. 2-5).
Therefore, 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 housing from Accarrino by adding protrusions on the top cap and channels in the bottom cap, in order to engage the top cap and the bottom cap together as taught by Broderick.
Regarding claim 13, Accarrino further discloses, comprising enclosing the base and the permanent magnet disposed therein in a housing, wherein the housing comprises a bottom cap and a top cap that are assembled to enclose the base, the bottom cap and the top cap each has slots through which portions of the band are received (see Fig. 5, and annotated Figs. 7b and 7c), and
Accarrino discloses the claimed invention except for the top cap has at least two arcuate protrusions received in at least two arcuate channels defined in the bottom cap with an interference fit therebetween to removably secure the bottom and top caps together.
However, Broderick teaches the top cap has at least two arcuate protrusions received in at least two arcuate channels defined in the bottom cap with an interference fit therebetween to removably secure the bottom and top caps together (see Figs. 2-5).
Therefore, 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 housing from Accarrino by adding protrusions on the top cap and channels in the bottom cap, in order to engage the top cap and the bottom cap together as taught by Broderick.
Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Accarrino (US Publication No. 2016/0015146 cited by applicant).
Regarding claim 7, Accarrino discloses the permanent magnet is a neodymium magnet (see paragraph [0050], line 1-4).
Accarrino discloses the claimed invention except for the connector is a neodymium magnet. At the time of the invention, it would have been obvious to a person having ordinary skill in the art to have the connector is a neodymium magnet, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is obvious in the known field of magnets a ferromagnetic connector can be a neodymium magnet for a stronger magnetic attraction.
Regarding claim 12, Accarrino discloses the permanent magnet is a neodymium magnet (see paragraph [0050], line 1-4).
Accarrino discloses the claimed invention except for the connector is a neodymium magnet. At the time of the invention, it would have been obvious to a person having ordinary skill in the art to have the connector is a neodymium magnet, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is obvious in the known field of magnets a ferromagnetic connector can be a neodymium magnet for a stronger magnetic attraction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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, Jason W. 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.
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.
/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677