DETAILED ACTION
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.
Claim 1-2, 11-12 and 21 are rejected under 35 U.S.C. 102a(1) as being anticipated by Isao, JP 2008/054733 A.
Regarding claims 1, 11 and 21, Isao discloses a polymorphic ring (1) with at least two facets (3a, 3b). The ring comprising a first half side (3a) formed of a first material (first color) and a second half side (3b) formed of a second material (second color). The second half side (3b) is adjacent to and symmetrical to the first half side (3a); a third half side, i.e., the other half of the first half side seen by looking at the edge of the ring as seen in the annotated figure 4, formed of the first material (first color) and outwardly facing in an opposite direction of the first half side; a fourth half side formed of the second material (second color); the fourth half side adjacent to and symmetrical to the third half side and outwardly facing in an opposite direction of the second half side (see the annotated figure 5).
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Isao discloses a first pattern of first indicia (5, 5A) in the first material; a second pattern of second indicia (5B, 5C) in the second material; wherein, the first half side and third half side collectively define a first unique design therebetween (figure 4); wherein, the second half side and fourth half side collectively define a second unique design therebetween (figure 5) that is different from the first unique design; and wherein, the first unique design and the second unique design define at least two distinct facets each of which is either alternatively displayed or concealed based on selective rotation of the ring on a wearer's finger (see paragraphs [0006] and [0008] in the translation).
Regarding claims 2 and 12, Isao discloses that the indicia can be either or both jewels (5) or engravings (6, [0009] of the translation).
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 3, 8-9 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Isao, JP 2008/054733 A.
Claims 3 and 14 require that the first and second material be a precious metal, e.g., white gold, yellow gold, rose gold or titanium steel. The examiner takes official notice of the fact that jewelry rings are known to be made from precious metals, e.g., white gold, yellow gold, rose gold or titanium steel. The use of precious metals increases the value and marketability of jewelry. Isao fails to discloses the jewelry ring being formed from precious metals. However, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to form Isao’s finger ring from a precious metal, such as white gold for the first and third half sides and yellow gold for the second and fourth half sides, to increase the value and marketability of the finger ring.
Regarding claim 8, Isao discloses using a variety of different styles of gemstones, for example round cut gemstone (5), emerald cut gemstone (5A), oval cut gemstone (5C) and square cut gemstone (5B). Isao fails to disclose the number of gemstones being three spaced rounded jewels or three spaced vertical rectangular jewels or two spaced horizontal rectangular jewels. However, the use of multiple gemstones and their arrangement in jewelry is old and well-known means of changing and improving the beauty and marketability of the jewelry. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to form Isao’s finger ring having a first pattern of first indicia comprising three spaced rounded jewels to improve the beauty and marketability of the jewelry.
Regarding claims 9 and 13, Isao discloses gemstones or jewels (5, 5A-C, [0014]). The claims require the stones to be precious stones, e.g., diamonds, rubies, emeralds, and sapphires. Isao fails to discloses the specific type of gemstone being used for ornamenting the finger ring. However, the examiner takes official notice of the fact that diamonds, rubies, emeralds and sapphires are all known precious gemstones used to ornate finger rings to improve their value and beauty. Therefore, it would have been obvious prior to the earliest effective filing date, to a person having ordinary skill in the art to form Isao’s finger ring with a combination of diamonds, rubies, emeralds and/or sapphires to improve the beauty and marketability of the finger ring.
Claims 4-6 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Isao, JP 2008/054733 A in view of Talasazan, US 2021/0401129 A1. The claims require that the inner surface of the finger ring comprise a grill design with a receptacle for placement of a jewel, which is not disclosed in Isao. However, Talasazan, as seen in figure 5, a grill design on the inner surface of the finger ring with receptacles (120) for receiving gemstones (130) to beautify the inner surface of the finger ring. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to add the ornamentation to Isao’s finger ring to make the inner surface of the finger ring more aesthetically pleasing when the ring is not being worn.
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Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Isao, JP 2008/054733 A in view of Talasazan, US 2021/0401129 A1, and further in view of Gonta, US 2023/0385896 A1 and Gruettner, US 2562269.
Regarding claims 7 and 18, Isao in view of Talasazan fails to disclose a grill design comprising a serial number of the ring. However, Gonta discloses the need to place unique indicia, i.e., serial number, on finger rings ([0031], [0032]).
“[0031] System 100 operates to provide authentication services for a particular piece of jewelry and/or gemstone (see 150 in FIG. 1A). The particular piece of jewelry and/or gemstone that is authenticated via system 100 can be referred to as an “item” 150 for ease of reference. As non-limiting examples, jewelry can take the form of rings, necklaces, chains, pendants, earrings, pins, bracelets, watches, or the like. Typically, jewelry will be formed at least in part from metal materials (e.g., precious metals such as gold, silver, platinum, etc.), although this need not be the case. As non-limiting examples, gemstones can take the form of diamonds, rubies, sapphires, emeralds, pearls, opals, onyx, jade, topazes, or the like (e.g., any Type A or Type B stone may serve as a gemstone). While gemstones are typically natural minerals, stones, or the like; this need not be the case. For example, the gemstones may take the form of synthetic minerals, stones, or the like. It may often be the case that jewelry and gemstones will be combined into single pieces (e.g., a ring, earring, necklace, pendant, etc. with one or more set gemstones). Any such instance of jewelry, gemstones, and/or combinations thereof may serve as the item 150.
[0032] A marking system 130 can be used to mark the item 150 with indicia that imparts uniqueness to the item 150. This uniqueness can arise from the indicia itself (e.g., the indicia can be a unique code that is marked on the item 150) and/or from the combination of the indicia with other characteristics of the item 150 (e.g., the nature of the indicia itself in combination with the location of the indicia on and/or distance of the indicia relative to other features of the item 150 can serve as a reference signature for the item 150).”
And, Gruettner discloses engraving indicia on the inner surface of finger rings (first paragraph). Placing the engraving on the inner surface of the finer ring hides the numbers from view when the finger ring is worn. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to engrave a serial number on the inner surface of Isao’s finger ring to provide the owner’s identifying mark to prove it is their ring if the ring becomes lost or stolen.
Allowable Subject Matter
Claims 22-32 are allowed.
Response to Arguments
Applicant’s arguments with respect to claims 1-9, 11-18 and 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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
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