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 1-20 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.
Regarding claim 1, line 14, the limitation “provisionally fixed” is misdescriptive. According to the specification, the first piece (7) and second piece (8) are fixed to one another in the final structure of the band piece.
Regarding claim 2, line 4, the limitation “provisionally fixed” is misdescriptive. According to the specification, the second piece (8) is fixed to the first piece (7) in the final structure of the band piece.
Regarding claims 3-20, they depend from claims 1 and 2, therefore, they are rejected for the same reasons stated for claims 1 and 2.
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 1-2 and 18-20 are rejected under 35 U.S.C. 102a(1) as being anticipated by Ray, CH 659572 A5.
Regarding claim 1, Ray discloses a first piece (3, figure 5) with a connection recess (located on each side of element 3b) projecting in a piece connection direction, a connection projection (projecting in the piece connection direction from element 3b), a second piece (2) arranged on a surface of the first piece corresponding to the connection projection, and an engaging portion (3c, figure 2) connecting the first piece (3) to the second piece (2, figure 2). Ray discloses a protection portion (flange of 3c) that protects an end (9) of the second piece in the piece connection direction. Ray discloses the first piece being overlapped with the second piece (figure 2). Ray discloses the first piece and second piece are fixed to one another by the protection portion (flange of 3c).
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Regarding claim 2, Ray discloses a contact holding section (9) on the second piece and is held by the protection portion (3c) on the first piece.
Regarding claim 18, Ray discloses the connection recess of the first piece is connected to band attachment portion (an adjacent link) by a connection member (pin 5) after the band attachment portion is arranged in the connection recess (figure 1).
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Regarding claims 19-20, Ray discloses the band pieces for a band/bracelet (abstract, figure 1) for a watch (see claim 1 of 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 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ray, CH 659572 A5. Ray discloses the first piece (3) is made from plastic material and the second piece (2) is made from a noble sintered metal (page 4 of the translation). The claims require that the first piece is made from metal and the second piece is formed of synthetic resin (plastic).
Ray discloses that the noble metal is only used on the second piece to reduce the cost of the bracelet. This is also done to produce an aesthetically pleasing design. The examiner takes official notice of the fact that it is old and well known to make inexpensive watch bands from plastic, leather, and cheap metal plated with noble metal. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to make Ray’s second piece from a plastic material to reduce the cost of the bracelet and to form the first piece from a cheap metal plated with a noble metal to increase the structural integrity of the band piece, i.e., less prone to breaking, while improve the aesthetic design of the band.
Allowable Subject Matter
Claims 4-15 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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