DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election of Species B (figures 5a-8e, claims 5-10) in the reply filed on 2/7/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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(s) 1 is/are rejected under 35 U.S.C. 102b1 as being anticipated by 3221514 Newman.
Regarding claim 1, Newman discloses an “adjustable finger ring” (title) in figures 4-5, said ring comprising:
a. a crown portion 12;
b. a belly band portion 26;
c. a pair of arcuate rocker arms (10a/11b), each rocker arm having a first end rotatably connectable to the crown portion 12 (at “pivot pins” 13) and a second end receivable in the belly band
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portion 26 such that the second ends and the belly band can travel relative to one another (each rocker arm is separately movable); and
d. one or more springs 25 (latch bar 25 allows the noses 24 to elastically go over catch 29 and “snap” over them, column 3 line 19) positioned relative to the rocker arms (10a/11b) to provide resiliency to travel of the rocker arms relative to the belly band (as discussed in column 3 lines 4-25),
wherein travel of the rocker arms 10a/11b relative to the belly band 26 together with rotation of the rocker arms 10a/11b about a pivot axis 13 of the crown portion allows the ring to resiliently expand and contract (as shown between figures 4-5).
Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. MPEP 2114. Examiner notes the phrases in italics above, and throughout the action, are considered intended use. Examiner contends that the structure capable of performing the intended use is met in the prior art, and is described how the structure disclosed performs the claimed functions in the parentheses; therefore, all italicized language is considered and shown in the prior art. Further, examiner notes that the disclosed structure is capable of performing the intended use claimed by applicant.
Claim(s) 1 is/are rejected under 35 U.S.C. 102a1 as being anticipated by 2018/0338587 Ghanimian.
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Regarding claim 1, Ghanimian discloses an adjustable ring (title), said ring comprising:
a. a crown portion 101; b. a belly band portion 134 (figure 5);
c. a pair of arcuate rocker arms 102/104, each rocker arm having a first end rotatably connectable to the crown portion (at pivot pins 115/117) and a second end (with ratchet members 122) receivable in the belly band portion 134 such that the second ends and the belly band can travel relative to one another (each rocker arm is independently movable); and
d. one or more springs 146 [0078] positioned relative to the rocker arms (ratchet portions 122 in figure 5) to provide resiliency to travel of the rocker arms relative to the belly band (pushing the ratchets together),
wherein travel of the rocker arms 102/104 relative to the belly band together with rotation of the rocker arms about a pivot axis 115/117 of the crown portion allows the ring to resiliently expand and contract (as discussed in abstract).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newman as applied to claim 1 above, and further in view of 2018/0338587 Ghanimian.
Regarding claim 5, Newman discloses the adjustable ring of claim 1, wherein belly band 26 is not hollow, but the rocker arms are hollow to receiver parts of the belly band within the rocker arms, rather than the reverse. Newman’s spring 26 biases the rocker arms against the belly band, so that the nose 26 is kept in place by the “snap” of the spring 25 (discussed in claim 1 above) and the catch 29.
Ghanimian discloses a similar ring to claim 1, as shown above. Ghanimian discloses that the belly band 134 is hollow (figure 5) to receive second ends of the rocker arms within the belly band (as shown in figure 5 of Ghanimian) and wherein the spring 146 is positioned within the hollow of the belly band 134 (figure 5), which urge the rocker arms together so that they engage the ratchet surfaces, as shown in figure 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date to reverse the male/female features Newman, in an old and known manner as taught by Ghanimian, as these are both known manners to allow similarly structured finger rings to expand/contract as is old and well known and taught by both references. It has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI) (a). Examiner contends that by applying the noses 24 and bridge part 27 of Newman onto the ends of the rocker arms 10a/11b in order to engage a stop 29 on the interior surface of a hollow body 26 (modified by Ghanimian), would still provide the noses and bridge portion to engage an interior surface of the hollow body 26, since the noses and bridge portion engage an interior surface of the hollow portions of Newman as is old and well known. Switching which part is male/protruding or female/hollow does not alter the form, function, or use, of the ring of Newman.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghanimian as applied to claim 1 above, and further in view of Newman.
Regarding claim 5, Ghanimian discloses the belly band 134 is hollow (figures 4 and 5) to receive second ends of the rocker arms within the belly band (as shown in figure 5) and wherein the springs 146 are positioned within the hollow of the belly band (figure 5), the spring 146 biases the exterior surface of the rocker arm against the opposite rocker arm.
Newman discloses the adjustable ring of claim 1, wherein belly band 26 is not hollow, but the rocker arms are hollow to receiver parts of the belly band within the rocker arms, rather than the reverse. Newman’s spring 26 biases the rocker arms against the belly band, so that the nose 26 is kept in place by the “snap” of the spring 25 (discussed in claim 1 above) and the catch 29.
It would have been obvious to one of ordinary skill in the art before the effective filing date to change the structure of the ratchet protrusions 122 of Ghanimian to engage the existing protrusions 140/142 on the interior surface of hollow belly band 134 of figure 5 of Ghanimian as it is old and well known that the protrusions can equivalently engage an interior surface of a hollow area of a similar ring, as taught by Newman. It has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI) (a).
Changing the structure of the ratchets 122 of Ghanimian requires reversing the direction of the ratchet grooves so that they can engage protrusions 140/142, the direction taught by Newman, and including a spring material included on each arm of the ratchets 122 of Ghanimian, in the manner taught by Newman. This provides the ability of the springs to force the ratchets against the interior surface of the belly portion of Ghanimian, in an old and well known equivalent manner taught by Newman.
Regarding claim 6, Ghanimian as modified discloses the adjustable ring of claim 5, wherein an outer surface of the rocker arms (the modification of claim 5 above requires the grooves 122 of Ghanimian are on the opposite side of the protrusions, which are the “outer surface” in claim 5) include grooves 124 along a length thereof, said grooves being engageable with a tab (140/142 of Ghanimian, or the catch 29 of Newman) formed on an inner surface of each side of the belly band (formed on the exterior surface of the hollow section, which in Ghanimian is the belly band), to incrementally expand and contract the ring to adjust its fit ([0020] of Ghanimian).
Allowable Subject Matter
Claims 7-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: In combination with the previous subject matter, the inclusion of a hook and stop used “to lock the ring into place in a fully contracted position” is not known or taught in the prior art in an obvious manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677