DETAILED ACTION
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: proximal fastening portion, distal fastening portion, first surface of the distal and proximal fastening portion, the step surface.
The disclosure is objected to because of the following informalities: the newly added limitations: proximal fastening portion, distal fastening portion, first surface of the distal and proximal fastening portion, the step surface, a bridge portion having a first portion and a second portion, must include reference numerals corresponding to the elements in the drawings.
Appropriate correction is required.
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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, US 8234758 B2 in view of Hall, US 2010/0139056 A1.
Regarding claim 1, Liu discloses a jewelry clasp (50, figure 2) comprising a main body part (511), a ring part (512) having one end coupled to the main body part and spaced apart from the main body part, and a tilting part (53) coupled to the main body part via a shaft (54) to tilt about the main body part. The tilting part has one end (534) that protrudes from the main body part (511) and the other end (532) accommodated in the other end (at 517, figure 2) of the ring part (512). Liu’s clasp functions by a user pressing one end (534) of the tilting part that causes the other end (532) of the tilting part to pivot about the main body part (511) to be detached from the other end (at 517) of the ring part.
Liu also discloses an accommodation portion, i.e., two grooves on the sides of the protrusion (517, figure 4) that accommodates the other end (536, 537, figure 4) 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 (groove between 536 and 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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Liu discloses that the second end portion of the tilting part (532) has a fastening portion (536, 537 or 517) and that the second end portion of the ring part includes an accommodation portion (517 or 536, 537) configured to receive the fastening portion of the tilting part. Liu discloses an accommodation groove, i.e., the groove formed between elements 536 and 537, on the accommodation portion that is shaped to correspond to the shape of the fastening portion (517).
The claim requires that the fastening portion includes a proximal fastening portion and a distal fastening portion each having a first surface that faces the accommodation groove when received therein. The claim also requires that the first surface of the distal fastening portion protrude more than the first surface of the proximal fastening portion with a step surface connecting the first surfaces of the distal and proximal fastening portions. The claim also requires that the first surfaces of the distal and proximal fastening portions and the step surface are rounded. The claim is defining the shape and surfaces of the complementary connection between the end of the tilting portion and the end of the ring part that engage one another, i.e., figures 4 and 5 of applicant’s drawing, which is not disclosed by Liu. However, this shape and roundness of the surfaces is an old and well-known complementary structure in carabiners as taught by Hall.
Hall discloses a complementary structure between the end of the ring part (12) and the end of the tilting part (20, figure 2). Hall discloses the claimed proximal and distal fastening portion with surfaces that face the accommodation groove when coupled to one another. Please see the annotated drawing for a mapping between the claims structure and the disclosed invention.
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The shape of the fastening portion and groove improves the insertion and retention of the coupled ends of the ring part and the tilting part, i.e., smooth insertion and extraction and secure and stable retention of the ends when coupled to one another. It would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to modify Liu’s coupling ends between the ring part and the tilting part to include the defined distal and proximal fastening portions for better operation and securement of the ends.
Regarding claim 2, Liu discloses the ring part with a bridge portion having a first portion and a second portion with an accommodation portion extending from the bridge portion.
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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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Andrea, US 4972697 in view of Liu, US 8234758 B2 and Hall, US 2010/0139056 A1.
Regarding claims 1 and 2, 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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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.
The claim requires that the fastening portion includes a proximal fastening portion and a distal fastening portion each having a first surface that faces the accommodation groove when received therein. The claim also requires that the first surface of the distal fastening portion protrude more than the first surface of the proximal fastening portion with a step surface connecting the first surfaces of the distal and proximal fastening portions. The claim also requires that the first surfaces of the distal and proximal fastening portions and the step surface are rounded. The claim is defining the shape and surfaces of the complementary connection between the end of the tilting portion and the end of the ring part that engage one another, i.e., figures 4 and 5 of applicant’s drawing, which is not disclosed by Liu. However, this shape and roundness of the surfaces is an old and well-known complementary structure in carabiners as taught by Hall.
Hall discloses a complementary structure between the end of the ring part (12) and the end of the tilting part (20, figure 2). Hall discloses the claimed proximal and distal fastening portion with surfaces that face the accommodation groove when coupled to one another. Please see the annotated drawing for a mapping between the claims structure and the disclosed invention.
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The shape of the fastening portion and groove improves the insertion and retention of the coupled ends of the ring part and the tilting part, i.e., smooth insertion and extraction and secure and stable retention of the ends when coupled to one another. It would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to modify Liu’s coupling ends between the ring part and the tilting part to include the defined distal and proximal fastening portions for better operation and securement of the ends.
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).
Response to Arguments
Applicant’s arguments with respect to claims 1-5 have been considered but are moot because the new ground of rejection applied to the newly added claim limitations.
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.
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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