DETAILED ACTION
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 12-20 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.
Claims 12-20 define the limitation “a U-shaped void” to describe a notch or channel (104) between the first and second clips. As can be see, the void (104) is merely an open space defined by the sidewalls and bottom wall between the two clips and front portion. It is misdescriptive to claim that the void is U-shaped. It is suggested to redefine the limitation in the claims and throughout the specification as a channel or notched located between the clips to correct the problem.
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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 1-5, 12 and 14-17 are rejected under 35 U.S.C. 102a(1) as being anticipated by Strauss, US 2035847.
Regarding claims 1 and 12, Strauss discloses a clip having a front portion with a flat surface (17). A first and second clips (14, located on the right and left sides of a center void) having first (15) and second (16) gripping elements affixed to the front surface.
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Regarding claims 2-3 and 14-15, Strauss discloses the second gripping elements being longer than the first gripping elements and the first gripping elements located closer to the front portion than the second gripping elements.
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Regarding claims 4 and 16, Strauss discloses forming a gripping region in approximate midpoint of the corresponding second gripping elements, i.e., the midpoint between the sides of the second gripping elements and also the approximate midpoint between the ends.
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Regarding claims 5 ad 17, Strauss discloses a gap between the ends of the first and second gripping elements.
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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 6-11 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Strauss, US 2035847 in view of . These claims are directed to the specific type of plastic material used to form the clip. Strauss fails to disclose the material used to make the clip. However, Case discloses the benefits of making a clip from a plastic material as compared to a metal material, i.e., reduce wear on the collar, cheaper to manufacture, and will not rust and stain the collar (column 1, lines 19-30). Furthermore, the examiner takes official notice of the fact that the specific plastics claimed, i.e., polyamide, polycarbonate, polyurethane, acrylonitrile butadiene styrene, are all old and well-known plastics used in the clip making industry. Therefore, it would have been obvious prior to the earliest effective filing date, to a person having ordinary skill in the art to make Strauss’s clip from one of these specific plastic materials to reduce wear on the collar, reduce the cost of manufacture and prevent the staining of the collar.
Regarding claim 13, Strauss discloses that the void at element 18 is just smaller than a finger’s width, which is about 10mm, +-2-3mm. Depending on the size of the tie and knot desired, it would have been obvious, prior to the earliest filing date, to a person having ordinary skill in the art to vary the width of the void to accommodate the desired size of the knot in order to adequately support the tie with the clip on the collar of the wearer’s shirt, i.e., if the void is too small, the knot will not hang correctly on the clip and if the void is too big, the front portion of the clip will be seen from the front of the knot, which is not desirable.
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).
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 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