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 .
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) 1-12, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over 2018/0144648 Naqvi in view of 10973288 Takessian, in further view of 2017/0196320 Sato.
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Regarding claim 1, Naqvi discloses a flexible (made of silicone [0026]) wearable ring assembly (figures 16-18), comprising: a circular band portion (figure 16) adapted to encircle a human finger (sized to encircle a wrist, but this is large enough to also encircle a human finger), wherein the circular band portion comprising a notched portion (detailed in annotated figure 16) located at a top portion of the circular band portion;
a component (figures 17-18) configured to removably engage to the notched portion ([0024] and [0027]) of the circular band portion, wherein the component (figures 17 and 18) comprises a top wall (annotated), a pair of side walls (annotated) extending downward from the top wall (figure 18), and a pair of horizontally extending flaps (annotated) extending inward from the bottom of the pair of side walls, thereby forming a retaining space for receiving the notched portion (as shown in figure 15); and
wherein the metallic component further comprising a decoration.
Nacqvi does not disclose the use of metal for the component of figures 17-18, or that the decoration uses prongs to set a precious stone.
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Takessian discloses a ring 538 adapted to encircle a human finger (column 8 line 59) having a removable decorative component (figure 6) made of metal (“settings may be fabricated using precious metals” column 4 line 31), the metallic component further comprising one or more prongs 516 extending upward from the ring, and configured for retaining a precious stone (510) placed on top of the ring.
Sato discloses a silicone band (figure 4) sized to be worn on a finger [0034], which a removable metallic component (figure 5) sets a stone 33 “such as a diamond is retained by appropriate means such as prong setting” [0035].
It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the removable ring decoration of Takessian to replace the decoration on the removable component with a ring as taught by Naqvi, in order to wear the removable decoration of Takessian using a different ring structure. The modification still results in the decoration of Takessian worn on the finger in a manner old and well known, suggested by Sato. Examiner contends that the combination of metal stone settings on silicone bands is old and well known in the art (Sat), the setting as claimed by applicant is old and well known in the art (Takessian), and the manner of attaching the metal decoration to a silicone band is old and well known in the art (Naqvi). Examiner notes that the choice of using a silicone ring band is old and well known alternative to material typically chosen for consideration of the user’s actions (like exercise), user’s environment (high heat like a sauna), or for cost (silicone is cheaper than typical jewelry metals).
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.
Regarding claim 2, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the circular band portion is made of silicon material (Naqvi [0026], discussed in claim 1 above).
Regarding claim 3, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the notched portion (of Naqvi) is of a length equal to a longitudinal length of the metallic component (shown in figure 15 of Naqvi).
Regarding claim 4, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the metallic component (shown by Naqvi with decoration from Takessian) comprises an opening between the pair of horizontally extending flaps (shown in Naqvi figure 18).
Regarding claim 5, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 4, wherein the opening (of figure 18 between the flaps) facilitates inserting the notched portion within the retaining space (by having the opening).
Regarding claim 6, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the circular band portion (of Naqvi figure 16) defines a substantially circular interior space (figure 16) shaped and sized to fit around one of the fingers of a person wearing the finger ring assembly (as discussed in claim 1 sized by Takessian and Sato).
Regarding claim 7, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the circular band portion (of Naqvi figure 16) comprises an interior surface and an exterior surface with a smooth finish (shown in figure 16).
Regarding claim 8, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 4, wherein the opening (between the flaps shown in Naqvi figure 18) extends along the length entire length of the metallic component (as shown in figure 18).
Regarding claim 9, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the ring (of Takessian as annotated in figure 18) of the metallic component comprises a slot (central hole 524) to further support the precious stone (103). Takessian also discloses in figure 6 that the band 538 has a hole to support the ring by attaching the setting to the band, figures 5-6. Therefore, examiner contends that the setting of Takessian is applied to the top wall of the Naqvi component using the same hole as taught by Takessian. Applicant does not claim that the stone must be inserted into the “slot” claimed.
Regarding claim 10, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein each of the one or more prongs (516 of Takessian) comprises a longitudinal post (vertical) with a tip (circular and rounded tip, best shown in figure 6).
Regarding claim 11, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the one or more prongs (516 of Takessian) are connected by a connecting ring (502).
Regarding claim 12, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 11, wherein the connecting ring (502) is circular.
Regarding claim 14, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the one or more prongs (516 of Takessian) are angularly oriented (at a 90 degree angle) to accommodate the precious stone (510) of at least circular shape.
Regarding claim 15, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 10, wherein the tip of each of the prongs (516 of Takessian) is circular (best shown in figure 5).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naqvi as modified by Takessian as taught by Sato as applied to claim 1 above, and further in view of 1064152 Meyer.
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Regarding claim 13, Naqvi as modified discloses the flexible wearable finger ring assembly of claim 1, wherein the one or more prongs (516) are connected by the ring as taught by Takessian. Naqvi does not disclose the use of an extra connecting bar.
Meyer discloses the use of multiple rows surrounding the prongs of a diamond setting.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include an extra row of bars as taught by Meyer to the stone as taught by modified Naqvi, as this is an aesthetic duplication of parts, which does not alter the form, function, or use, of the device. Further, the shape of the stone, and the subsequent arrangement of the prongs, is also an obvious change in shape for aesthetic purposes. Examiner notes that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 (VI) (b). A change of shape is considered a matter of choice. See MPEP 2144.04 (IV) (b). Examiner notes that this is done for the purpose of aesthetics. See MPEP 2144.04 (I).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see 892, and the 892 of related actions 19/333431, 19/312429.
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