DETAILED ACTION
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.
(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.
Claim 1 is rejected under 35 U.S.C. 102a(1) as being anticipated by Andrea, US 4972697. Andrea discloses a jewelry clasp connector comprising a main body part (11), a ring part (9) having one end coupled to the main body part and spaced apart from the main body part (see annotated drawing), and a tilting part (6) coupled to the main body part (10, 11) to tilt about the main body part and having one end that protrudes from the main body part and the other end accommodated in the other end of the ring part (see annotated figure 5 of Andrea). Andrea’s clasp functions by a user pressing one end of the tilting part that causes the other end of the tilting part to pivot about the main body part to be detached from the other end of the ring part.
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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 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Andrea, US 4972697 in view of Liu, US 8234758 B2.
Regarding claim 2, Andrea discloses an accommodation portion ( at 5, figures 3 and 5) that extends from the bridge portion to accommodate the other end of the tilting part. However, the claim requires that the accommodation portion have a recessed accommodation groove with a shape complementary to a shape of the other end of the tilting part, which Andrea fails to disclose.
Liu discloses a very similar in operation clasp that has an accommodation portion, i.e., two grooves on the sides of the protrusion (517) that accommodates the other end (536, 537) of the tilting part (532). Liu discloses (column 5, starting on line 15) an accommodation portion, i.e., a protrusion (517) that can be on either the bridge portion or the tilting part and a recessed accommodation groove (537) having a complementary shape to the protrusion (517) that can be located on either the bridge portion or the tilting part:
“so as to increase the lateral external force that may be endured by the clamping portion 532 when the keeper member 53 encloses the hooking range 52, so as to prevent the clamping portion 532 from disengaging from the hook portion 512 and protect the keeper member 53 from being damaged. In addition, the arrangement positions of the rabbet 537 and rib 517 may be exchanged, i.e., the rabbet 537 is disposed in the abutted surface 516, while the rib 517 is disposed on the abut surface 536, which can achieve the same anticipated effect.”
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As shown in the passage, the motivation to add these features to Andrea would be to “prevent the clamping portion 532 from disengaging from the hook portion 512 and protect the keeper member 53 from being damaged.” Therefore, it would have been obvious prior to the earliest effective filing date, to a person having ordinary skill in the art to modify Andrea’s device to include the accommodation portion and complementary recessed accommodation groove to protect the clasp from being damaged.
Regarding claim 3, Andrea discloses the tilting part with a base portion coupled to a shaft on the main body part, a pressing portion that passes through the bridge portion and extends from one end of the base portion to protrude from the main body part and a fastening portion accommodated in the accommodation groove, as modified by Liu.
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Regarding claim 4, Andrea discloses a torsion spring (14).
Regarding claim 5, Andrea discloses a rounded pressing portion (see annotated drawing, on the prior page, that shows wear a user presses the pressing portion to actuate the tilting part 6).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dobashi discloses a member for an accessory includes: a base portion that is connected to a part of an accessory; and a movable portion that is supported to be capable of turning relative to the base portion, and that opens and closes the clasp member for accessory by the turning. The clasp member is separably coupled to a coupling subject portion. A base-side coupling portion of the base portion is arranged on one side in a longitudinal direction of the base portion, the one side being opposite to another side on which a connecting part of the base portion is arranged, the connecting part being connected to the part of the accessory.
Mahoney discloses a carabiner hook for sucker-rod elevators, which is adapted to be hooked into the elevators secured to the upper end of the sucker-rod and constructed for becoming unhooked from the elevator by the slacking of the rope.
Collins discloses an ornamental jewelry catch is disclosed having opened and closed positions for removably connecting ends of a piece of jewelry. The ornamental catch comprises an openable link having a base for attachment to one end of the piece of jewelry, the link including: (1) a first member having a curved receptacle formed at one end thereof and a finger press at another end thereof; (2) a second member having a hook at one end thereof which is received by and releasably held in the curved receptacle of the first member in a snap-fit manner and a finger press at another end thereof; and (3) a hinge pin for pivotally connecting the first and second members at a pivot axis so that the finger presses of the first and second members are juxtaposed to one another at one side of the pivot axis and the curved receptacle and hook of the first and second members are juxtaposed to one another at another side of the pivot axis, the hinge pin positioning a distal end of the hook slightly outside of a front opening of the curved receptacle to create a snap fit having sufficient force to hold the first and second member together in the closed position. Also included is a ring for attachment to the other end of the piece of jewelry, the ring engaging the hook to attach the ends of the piece of jewelry together when the catch is in the closed position. In operation, the catch is opened by pressing the finger presses of the first and second members toward one another so as to snap the hook out the curved receptacle to open the link; and the ornamental jewelry catch attaches the ends of the piece of jewelry by hooking the ring around the hook of the open link and pressing the hook into snap fit engagement with the curved receptacle to close the link.
Lauterbach discloses a fastener that is self-locking and so constructed that when strain is brought to bear upon it, such strain will serve to hold the device more firmly locked or sealed.
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
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