Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
DETAILED ACTION
This is in response to an amendment filed on 9/18/2025 in which claims 1-10 were presented for examination. It is noted that the applicant on the Miscellaneous incoming letter filed on 2/17/2025 indicated not to enter the amendment filed on 1/22/2026. Therefore, the amendment filed on 1/22/2026 will not be entered.
Information Disclosure Statement
The information disclosure statement filed 11/16/2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the filed copies are not clear to view. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Specification
The abstract of the disclosure is objected to because it does not provide summary of the structure elements making the invention, it is a mere description of the function of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 6-8 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 pre-AIA the applicant regards as the invention.
Claim 6 recites a buttonhole, which is indefinite because it is unclear if it is the opening claimed in claim 1, it was interpreted as being the same.
Claim 8 is indefinite because it is unclear what the metes and bounds the applicant is trying to claim.
Claim 7 is rejected because it depends from rejected claim 6.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toso (U.S. Pub. No. 2023/0141821 A1).
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Regarding claim 1, Toso discloses an adjustable belt system (See Fig. 2 identifier 100) comprising:
a main belt body (110) configured (capable) to adjust in length to accommodate various waist sizes (when worn);
an elastic section (See annotated Fig. A above) (a portion of the belt right beside 122 that the cover overlaps when closed, see for example Figure 1) disposed near a buckle portion (See Fig. A) of the belt and configured (capable) to stretch in response to user movement (when worn);
a cover (See Fig. A) configured (capable) to selectively conceal or expose the elastic section (See Fig. 1); and
a fastening mechanism (124, 126) comprising a button (126) located on the belt (See Fig. A) and a corresponding opening (124) on the cover (See Fig. A), the fastening mechanism (124, 126) being configured (capable) to secure the cover over the elastic section to control the tightness and appearance of the belt (See Fig. 1).
Regarding claim 2, Toso discloses an adjustable belt system further comprising a buckle (140) configured (capable) to allow manual adjustment of the belt length (when worn), the buckle (140) (capable of) being operable to secure the belt at a desired fit (when worn).
Regarding claim 3, Toso discloses an adjustable belt system wherein the main belt body (110) is formed from a material selected from the group consisting of leather, synthetic leather, and textile fabric (See para. 0136).
Regarding claim 5, Toso discloses an adjustable belt system wherein the cover (See Fig. A) is longer than the elastic section (See Fig. A) and configured (capable) to fully enclose the elastic section when fastened (when worn), thereby maintaining a continuous belt appearance (See Fig. 1).
Regarding claim 6, Toso discloses an adjustable belt system wherein the fastening mechanism (124, 126) comprises a classical button and corresponding buttonhole located on the cover (See Fig. A), allowing the cover to be opened or closed over the elastic section (See Figs. 1-2 and A).
Regarding claims 7-8, Toso discloses an adjustable belt system wherein the fastening mechanism further comprises a snap button assembly, including a male snap element and a female snap receptacle integrated into the cover, wherein the snap button assembly provides an alternative closure mechanism for fastening the cover, allowing users to select between different closure styles based on preference (the system 124, 126 can also be considered as snap button assembly having a male snap 126 and a female snap 124 providing an alternative closure mechanism for fastening the cover).
Regarding claim 9, Toso discloses an adjustable belt system wherein the cover is a continuous piece of material extending along a portion of the main belt body. and is configured to move over or away from the elastic section (See Fig. A).
Regarding claim 10, provides an alternative closure mechanism for fastening the cover wherein the snap button components are integrated into the continuous cover to provide a concealed and streamlined fastening appearance (See Fig. A).
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 of this title, 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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Toso (U.S. Pub. No. 2023/0141821 A1).
Regarding claim 4, Toso discloses an adjustable belt system wherein the elastic section (See Fig. A) has a length.
Toso does not disclose that the length that varies according to the overall belt size (because it is elastic), ranging from approximately 6 centimeters for smaller belts to approximately 10 centimeters for larger belts.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the length that varies according to the overall belt size, ranging from approximately 6 centimeters for smaller belts to approximately 10 centimeters for larger belts to customize the intended use of the belt whether it is made for large size or small size users, since where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered (See PTO-892) pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHALED ANNIS whose telephone number is (571)270-1563. The examiner can normally be reached Monday-Friday 8 am-5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHALED ANNIS/Primary Examiner, Art Unit 3732