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 5 is objected to because of the following informalities: “the second exterior part 16” includes a reference number. Reference numbers should be removed from the claims unless consistently used. 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.
Claims 3 and 12 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. The term “a metal whose rigidity and strength are high” in claim 3 is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification gives examples including stainless steel or titanium alloy, but it is unclear which metals meet the claim and which do not, therefore claim 3 is indefinite. Claim 12 is also rejected for depending from claim 3.
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, 7-10, 15-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirayama, US 2021/0232096.
Regarding claim 1, Hirayama discloses a case comprising: a case main body (15); a first exterior part (21) which is arranged on an outer circumferential surface of the case main body; a second exterior part (20) which is arranged on the outer circumferential surface of the case main body and an outer circumferential surface of the first exterior part; and an attachment part (28, 29, 36) which attaches the second exterior part to the case main body, and attaches the first exterior part to the case main body by holding the first exterior part by the second exterior part (Fig 1, 4).
Regarding claim 7, Hirayama discloses the attachment part (28, 29, 36) is provided to press the second exterior part (20) against the outer circumferential surface of the first exterior part (21), and wherein a hold-down direction in which the second exterior part holds down the first exterior part intersects with an attachment direction in which the attachment part attaches the second exterior part to the case main body (figure 3 and 4 show two different holding and attachment directions).
Regarding claim 8, Hirayama discloses the case main body (15) includes a first case (17) and a second case (18) which is arranged on an upper surface side of the first case, wherein a waterproofing part (19) is interposed between the first case and the second case, and wherein the attachment part is provided to maintain airtightness between the first case and the second case by the waterproofing part by pressing the second exterior part against the outer circumferential surface of the first exterior part and compressing the waterproof part [0026]-[0028].
Regarding claim 9, Hirayama disclose the first exterior part and the second exterior part protect a push-button (5) provided on the case main body such that a button operation is performable (Fig 4).
Regarding claims 10, 15 and 16, Hirayama discloses a timepiece comprising the case according to claims 1, 7 and 8 (Fig 1).
Regarding claim 17, Hirayama discloses a case manufacturing method for manufacturing a case including a case main body [0100], [0140], a first exterior part (21) which is arranged on an outer circumferential surface of the case main body, a second exterior part (20) which is arranged on the outer circumferential surface of the case main body and an outer circumferential surface of the first exterior part, and an attachment part (28, 29, 36) which attaches the second exterior part to the case main body, comprising: an arranging step of arranging the second exterior part on the outer circumferential surface of the first exterior part and the outer circumferential surface of the case main body with the first exterior part being arranged on the outer circumferential surface of the case main body (as shown in figures 1-4); and a fixing step of fixing the first exterior part on the case main body by pressing the second exterior part against the outer circumferential surface of the first exterior part by the attachment part when attaching the second exterior part to the case main body by the attachment part (fig 3 and 4).
Regarding claim 18, Hirayama discloses the fixing step is a step at which, when the second exterior part is to be attached to the case main body by the attachment part, the second exterior part presses and fixes the first exterior part with respect to the case main body by holding down the first exterior part in a direction intersecting with an attachment direction in which the attachment part attaches the second exterior part to the case main body (figure 3 and 4 show two different fixing and fastening directions).
Regarding claim 20, Hirayama discloses the case includes a first case (17) and a second case (18) which is arranged on an upper surface side of the first case [0026], and wherein the fixing step is a step at which the attachment part is provided to maintain airtightness between the first case and the second case by a waterproofing part (19) by pressing the second exterior part against the outer circumferential surface of the first exterior part with the waterproofing part being interposed between the first case and the second case, and compressing the waterproofing part [0028].
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 2-6, 11-14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hirayama.
Regarding claim 2, Hirayama does not explicitly disclose first and second buffering parts interposed between the first part and the case and the first part and the second part respectively.
Hirayama discloses numerous seals and gaskets (6a, 19, 44-46, 50) between various parts for waterproofing and preventing intrusion of dust and foreign contaminants.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Hirayama to include buffering parts interposed between the first part and the case and the first part and the second part for the purpose of sealing and preventing intrusion of dust and foreign contaminants and for general waterproofing since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations.
Regarding claim 3, Hirayama discloses first exterior part (21) is made from a titanium alloy [0029].
Hirayama does not explicitly disclose second exterior part (20) is made from a metal with high rigidity and strength.
It would have been obvious to one having ordinary skill in the art to modify Hirayama to form the second exterior part from a metal with high rigidity and strength such as titanium alloy because Hirayama uses titanium to form the first part and because Hirayama states it is a decorative metal and 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.
Regarding claim 4, Hirayama discloses the attachment part is provided to press the second exterior part against the outer circumferential surface of the first exterior part (Fig 3), wherein the second buffering part is arranged on an area where the second exterior part presses the first exterior part against the case main body, and wherein the first buffering part is arranged on a surface farthest from the second buffering part among surfaces of the first exterior part opposing a side surface of the case main body (Fig 2-4). Any modification to include well known and conventional seals like the waterproof gaskets in Hirayama arranged to be interposed between the exterior parts are also inherently arranged in an area pressed against the case main body. A surface farthest from the second part among surfaces of the first part opposing a side surface of the case main body is on the side of the first part that is opposite and thus farther away from the side opposing the second part.
Regarding claim 5, Hirayama discloses the attachment part is provided to press the second exterior part against the outer circumferential surface of the first exterior part (Fig 3), and wherein the first exterior part is pressed against and fixed on the outer circumferential surface of the case main body and the first buffering part when pressed against the outer circumferential surface of the case main body by the second exterior part 16 via the second buffering part (Fig 2-4). Any modification to include well known and conventional seals like the waterproof gaskets in Hirayama arranged to be interposed between the exterior parts are also inherently arranged to be “pressed against the outer circumferential surface of the case main body by the second exterior part 16 via the second buffering part” because of the interposed nature of the arrangement.
Regarding claim 6, Hirayama discloses the first exterior part has a contact section which is provided between the first buffering part and the second buffering part and comes in contact with the outer circumferential surface of the case main body. The first exterior part is shown to come into contact with the case main body in figures 2 and 3 and the arrangement of buffering parts interposed between the first and second parts and first and case main body would not prevent that.
Regarding claims 11-14, Hirayama discloses a timepiece comprising the case of according to claims 2-5 (Fig 1).
Regarding claim 19, Hirayama discloses the case includes a first buffering part which is interposed between the case main body and the first exterior part, and a second buffering part which is interposed between the first exterior part and the second exterior part, wherein the arranging step is a step at which the second exterior part is arranged on the outer circumferential surface of the first exterior part and the outer circumferential surface of the case main body via the second buffering part interposed between the first exterior part and the second exterior part, with the first exterior part being arranged on the outer circumferential surface of the case main body via the first buffering part interposed between the case main body and the first exterior part, and wherein the fixing step is a step at which, when the second exterior part is to be attached to the case main body by the attachment part, the second exterior part presses and fixes the first exterior part and the first buffering part with respect to the case main body by holding down the first exterior part and the second buffering part in a direction intersecting with an attachment direction in which the attachment part attaches the second exterior part to the case main body. Any modification to include well known and conventional seals like the waterproof gaskets in Hirayama arranged to be interposed between the exterior parts are also inherently arranged to be “pressed against the outer circumferential surface of the case main body by the second exterior part 16 via the second buffering part” because of the interposed nature of the arrangement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON COLLINS whose telephone number is (571)270-3994. The examiner can normally be reached 9:30 AM - 6:00 PM.
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/JASON M COLLINS/ Examiner, Art Unit 2831
/EDWIN A. LEON/ Primary Examiner, Art Unit 2831
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