DETAILED ACTION
This communication is an office action on the merits. Claims 1, 2, 6, 7 and 9-24, as filed are currently pending and have been considered below.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 6, 7, 9-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gafforio et al. (US 9,332,798) further in view of Chang (US 5,687,456).
Regarding claim 1, Gafforio et al. discloses an apparatus comprising:
a buckle (1);
a lever (3) affixed to the buckle;
a torsion spring (20) exerting a torsional force between the buckle and the lever;
a lever tooth (4.1) disposed on the lever,
tooth contours (Figs. 3-6 show contours on the tooth) disposed on the lever tooth;
a band (11) affixed to the buckle;
a plurality of contours (Fig. 1 and 3 show contours on the band to interfit with the tooth),
wherein the tooth contours slide along the plurality of contours when the band is undergoing band insertion (the device as shown in Fig. 3 performs in the claimed manner), and
wherein the lever is configured to undergo lever motion, by a user, to allow for a loosening of the band (Fig. 5 as shown).
Gafforio et al. fails to disclose a plurality of tooth catch holes with a plurality of hole contours disposed on the band.
Chang teaches a strip (10) with catch holes having a plurality of hole contours (11, Fig. 1 as shown) paired with locking pawls (23).
From this teaching of Chang, it would have been obvious to one of ordinary skill before the effective filing date of the invention to include holes in place of the teeth of Gafforio. The hole arrangement aligned with the opposed pawls would allow for the band to present with enhanced structural rigidity easing insertion into the buckle.
Regarding claim 2, the combination device of Gafforio et al. and Chang further discloses wherein the plurality of tooth catch holes are adapted to interlock with the lever tooth (Fig. 3 of Gaffori et al. as shown; Fig. 2 of Chang as shown).
Regarding claim 6, the combination device of Gafforio et al. and Chang further discloses wherein each tooth catch hole, of the plurality of tooth catch holes, is adapted to contact the lever tooth to prevent the loosening of the band (Fig. 3 of Gaffori et al. as shown; Fig. 2 of Chang as shown).
Regarding claim 7, Gafforio et al. further discloses wherein the lever is adapted to pivot around a pin (30) causing the lever tooth to disengage with the band, and wherein the pin traverses through the torsion spring (Fig. 3 as shown).
Regarding claims 9-16, Gafforio et al. further discloses wherein the band comprises a stop surface (Fig. 3 as annotated below), wherein the buckle comprises a shoulder stop (Fig. 3 as annotated below), wherein the stop surface is adapted to mate with the shoulder stop (Fig. 3 as shown), wherein the stop surface is adapted to affix the band with respect to the buckle during the band insertion of the band (Fig. 3 shows the surface and stop surface shaped such that they would affix during full insertion), wherein the band comprises a retention surface (Fig. 3 as annotated below), wherein the buckle comprises a retention lip (Fig. 3 as annotated below), wherein the retention surface is adapted to mate with the retention lip (Fig. 3 as shown), wherein the retention surface is adapted to affix the band with respect to the buckle during the loosening of the band (the retention lip and retention surface stay affixed to one another and cooperate to control the path of travel during loosening of the band).
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Regarding claim 17-20, Gafforio et al. further discloses wherein the buckle comprises: a first band slot (Fig. 5 as annotated below) adapted to allow a first portion of the band to fit therein; and a second band slot (Fig. 5 as annotated below) adapted to allow a second portion of the band to fit therein; wherein a fixed end of the band is disposed against the first band slot (the portion of the band shown in the first slot in Fig. 3 is considered a fixed end); wherein the lever tooth is adapted to interlock with the band in the second slot (Fig. 3 as shown); wherein the second band slot is disposed between the first band slot and the lever (Fig. 3 as shown).
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Regarding claim 21, Gafforio et al. discloses an apparatus comprising:
a band (11), comprising:
a fixed end (the distal portion of the band shown in the first slot in Fig. 3 is considered a fixed end);
a lever (3), wherein the lever is configured to undergo lever motion, by a user, to allow for a loosening of the band;
a buckle (1) affixed to the lever, comprising:
a first band slot (Fig. 5 as annotated above) adapted to allow a first band portion of the band to fit therein and disposed against the fixed end; and
a second band slot (Fig. 5 as annotated above) adapted to allow a second portion of the band to fit therein, wherein the second band slot is disposed between the first band slot and the lever (Fig. 3 as shown);
a torsion spring (20) exerting a torsional force between the buckle and the lever;
a lever tooth (4.1) disposed on the lever.
Gafforio fails to disclose a plurality of tooth catch holes disposed on the band.
Chang teaches a strip (10) with catch holes (11, Fig. 1 as shown) paired with locking pawls (23).
From this teaching of Chang, it would have been obvious to one of ordinary skill before the effective filing date of the invention to include holes in place of the teeth of Gafforio. The hole arrangement aligned with the opposed pawls would allow for the band to present with enhanced structural rigidity easing insertion into the buckle.
Regarding claims 22 and 23, Gafforio et al. discloses an apparatus comprising:
a buckle (1), comprising:
a first band slot (Fig. 3 shows the band within a first band slot) comprising a retention lip (Fig. 3 as annotated above);
a lever (3) affixed to the buckle;
a torsion spring (20) exerting a torsional force between the buckle and the lever;
a lever tooth (distal end of 7) disposed on the lever; and
a band (1), affixed to the buckle, comprising:
a retention surface (Fig. 3 as annotated above) adapted to mate against the retention lip (the retention lip and retention surface stay affixed to one another and cooperate to control the path of travel during loosening of the band); and
wherein the lever is configured to undergo lever motion by a user, to allow for a loosening of the band (Fig. 3 as shown);
wherein the first band slot further comprises a shoulder stop (Fig. 3 as annotated above), and wherein the band further comprises a stop surface (Fig. 3 as annotated above) adapted to mate against the shoulder stop (Fig. 3 shows the surface and stop surface shaped such that they would affix during full insertion).
Gafforio fails to disclose a plurality of tooth catch holes disposed on the band.
Chang teaches a strip (10) with catch holes (11, Fig. 1 as shown) paired with locking pawls (23).
From this teaching of Chang, it would have been obvious to one of ordinary skill before the effective filing date of the invention to include holes in place of the teeth of Gafforio. The hole arrangement aligned with the opposed pawls would allow for the band to present with enhanced structural rigidity easing insertion into the buckle.
Regarding claim 24, Gafforio et al further discloses wherein the user causes the lever motion by overcoming the torsional force (Fig. 3 as shown).
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
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 MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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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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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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