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 § 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, 4-7, 11-12, and 15-18 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.
Claim 1 recites the limitation "a clamping portion that is formed at a friend end of the locking arm" in lines 14-15, and further recites “the clamping portion is formed by bending the first end of the locking arm” in line 24. However, claim 1 then recites “one end of the elastic arm is the first end of the locking arm, the clamping portion is set up at another end of the elastic arm” in lines 25-26. This later recitation places the clamping portion at the end of the elastic arm that is not the first end of the locking arm, which is different from the recitations in lines 14-15 and 24. It is therefore unclear where the clamping portion is located. Further, claim 1 recites “the second locking unit further comprises an ejection arm, and is spaced apart from the elastic arm” in lines 29-30. It is unclear how the second locking unit can be spaced apart from its own component since the second locking unit comprises the elastic arm (as claimed). For examination, it is assumed the ejection arm is being spaced apart from the elastic arm.
Claims 4-7, 11-12, and 15-18 depend from claim 1 and therefore are also rejected under this section.
Further, claim 4 depends from a canceled claim 3. For examination, it is assumed that claim 4 depends from claim 1.
Further, claim 6 recites the limitation "the locking arms" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Further, claim 7 recites “wherein the male snap has two second locking units” (lines 1-2) but claim 5 (from which the claim 7 depends from) has already recited “the male snap comprises two second locking units” (lines 1-2). It is unclear whether claim 7 introduces two additional second locking units or refers to the two second locking units of claim 5. For examination, it is assumed the same two second locking units of claim 5. Clarification and appropriate correction are required.
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, 4-6, 11, and 15-18, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li, US 2022/0047045.
Regarding claim 1, Li discloses a magnetic fastener, comprising: a female snap; (20) and a male snap (10); wherein the female snap (20) comprises a first locking unit (21), the male snap (10) comprises at least one second locking unit (14A); wherein the first locking unit (21) comprises a projecting piece (column portion of 21), and a clamping groove (clamping step between the column portion and flange 212) is provided on a side of the projecting piece (column portion of 21); wherein the male snap (10) further comprises a base (11), a clamping hole (111) is formed along a thickness direction of the base (11) and penetrates through the base (11); wherein the base (11) contains a fitting surface (outer surface of 11, facing assembly 20) and an assembly surface (inner surface of 11, facing upper cover 12) opposite to the fitting surface, and the projecting piece (column portion of 21) can pass through the clamping hole (111) along the assembly surface; wherein the second locking unit (14A) is set up on one side of the assembly surface (between 11 and upper cover 12), the second locking unit (14A) comprises a locking arm (143A, 146A) and a clamping portion (144A) that is formed at a first end of the locking arm (143A, 146A), the second locking unit (14A) is separated from the base (11), and the second locking unit (14A) is configured to linearly move on the base (11) to cause the locking arm (143A, 146A) to move along the base (11) and disengage the clamping portion (144A) from the clamping groove (clamping step between the column portion and flange 212), thus guiding the second locking unit (14A) to an unlocking position (adjusting portion 144 expands outward so that the lock hole is enlarged); wherein, when the projecting piece (21) passes through the clamping hole (111), the locking arm (143A, 146A) is configured to cause the clamping portion (144A) to move away from the clamping hole (111; flange 212 presses the adjusting portion outward to enter); wherein the second locking unit further comprises a pressing portion (141A), and one end of the locking arm (143A) away from the clamping portion (144A) is connected to the pressing portion (141A); wherein the clamping portion (144A) is formed by bending the first end of the locking arm (at the V-shaped elastic arm 146A); wherein the locking arm comprises an elastic arm (146A), one end of the elastic arm (146A) is the first end of the locking arm, and the clamping portion (144A) is set up at another end of the elastic arm (146A), and the pressing portion (141A) is arranged on an outer edge of the base (11), the pressing portion (141A) is configured to receive an external force (when pressed); wherein the second locking unit (14A) further comprises an ejection arm (142A), and is spaced apart from the elastic arm (146A; figure 13); wherein the ejection arm (142A) is located between the elastic arm (146A) and the clamping hole (111); one end of the ejection arm (free wedge end of 142A) is spaced apart from one end of the clamping portion (144A) that is connected to the elastic arm (146A); wherein the male snap (10) further comprises a shell (12) and a side wall (peripheral wall of 11 and 12) surrounding the base (11), and the side wall is located on one side of the assembly surface; the shell (12), the base (11), and the side wall form a chamber (spaced formed between 11 and 12); the second locking unit (14A) is set up in the chamber; wherein the shell (12) is matched with the side wall to form a pressing hole (15), the pressing portion (141A) is provided with a stop block (root portions of arms 143A at both sides of 141A; figure 13), the stop block is set up on both sides of the pressing portion (141A), and a distance between two stop blocks is greater than a maximum diameter of the pressing hole (15) (only moving portion 141A penetrates button hole 15 and protrudes to the outside while the arm roots at both sides of 141A remain inside the housing, so that linkage 141A is retained against passing through hole 15; see figures 9 and 13).
Regarding claim 4, Li discloses the magnetic fastener according to claim 1, wherein the pressing portion (141A) is divided into a Zone 1 (first lateral end of 141A), a Zone 2 (middle of 141A) and a Zone 3 (second lateral end of 141A) along a length direction; the Zone 1 has the locking arm (143A).
Regarding claim 5, Li discloses the magnetic fastener according to claim 4, wherein the male snap (10) comprises two second locking units (14A, 14B), the pressing portions (141A, 141B) of the two second locking units are respectively located at both radial ends of the base (11), and the two locking arms (143A, 143B) are spaced apart from each other (figure 13).
Regarding claim 6, Li discloses the magnetic fastener according to claim 4, wherein the Zone 1 and the Zone 3 are provided with the locking arms (the two connecting arms 143A at both sides of 141A); clamping portions (the two adjusting portions 144A) on the locking arms are spaced apart from each other (figure 13).
Regarding claim 11, Li discloses the magnetic fastener according to claim 1, wherein the male snap (10) further comprises a reset arm (free end portion of 143A) that is corresponding to the locking arm (143A, 146A) of the second locking unit (14A); the reset arm is arranged on the locking arm (143A, 146A), and the base (11) is provided with a first stop portion (114); the reset arm is abutted against the first stop portion (114) after moving, or is directly abutted against the first stop portion (114), the reset arm is configured to move to the first stop portion (114) when the pressing portion (141A) receives the external force, and the reset arm is configured to suffer from elastic deformation in the unlocking position (the ends of 143A abut blocking portion 114 and are elastically deformed when pressed, then reset when released).
Regarding claim 15, Li discloses the magnetic fastener according to claim 1, wherein the female snap (20) is provided with a first magnet (22), and the male snap (10) is provided with a second magnet (18); the first and second magnets (22, 18) attract each other.
Regarding claim 16, Li discloses the magnetic fastener according to claim 15, wherein the male snap (10) further comprises a mounting cylinder (116, 131) surrounding the clamping hole (111), the second magnet (18) is arranged in the mounting cylinder (131), and the first magnet (22) is placed on the projecting piece (column portion of 21).
Regarding claim 17, Li discloses the magnetic fastener according to claim 1, wherein the male snap (10) further comprises a connecting portion (16) [that is used for external connection] and is arranged on the base (11).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the magnetic fastener, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the magnetic buckling assembly disclosed by Li, is indeed capable of the intended use statements. 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.
Regarding claim 18, Li discloses a strap (webbing connected through the webbing hole 16), wherein the strap comprises a magnetic fastener (10, 20) of claim 1.
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) 7, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, US 2022/0047045.
Regarding claim 7, Li discloses the magnetic fastener according to claim 5, wherein the male snap (10) has two second locking units (14A, 14B), the pressing portions (141A, 141B) of the two second locking units are respectively located at both radial ends of the base (11), and the two locking arms (143A, 143B) on the same side of two opposite second locking units are aligned.
Li does not explicitly disclose and the two locking arms (143A, 143B) on the same side of two opposite second locking units are stacked. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to arrange the facing ends of Li’s connecting arms (143A, 143B) in a stacked, overlapping arrangement instead of end to end in order to make the button linkage more compact within the housing, since it has been held that rearrangement of these mentioned parts does not modify the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70.
Claim(s) 12, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, US 2022/0047045 in view of Cheng, US 2019/0174875
Regarding claim 12, Li discloses the magnetic fastener according to claim 1, wherein the male snap (10) comprises the pressing portion (141A), and the base (11) is provided with a second stop portion (114), and the pressing portion (141A) is restored to its initial position by elastic force when the external force is released (connecting arms 143A reset so that 141A moves outward).
Li does not explicitly disclose the male snap further comprises a spring, and the spring is installed between the pressing portion and the second stop portion; when the pressing portion moves to the second stop portion due to the external force, the spring is configured to suffer from elastic deformation; when the external force is released, the pressing portion is restored to its initial position by the elastic force of the spring.
Cheng teaches a magnetic buckle wherein the male snap (1) further comprises a spring (7), and the spring (7) is installed between the pressing portion (3) and the a stop portion (abutment of the buckling component 1); when the pressing portion (3) moves due to the external force, the spring (7) is configured to suffer from elastic deformation (see figure 9); when the external force is released, the pressing portion (3) is restored to its initial position by the elastic force of the spring (7).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s male snap (10) to further comprise a spring installed between the pressing portion (141A) and the second stop portion (114), as taught by Cheng, in order to supplement the restoring force of the resilient arms and ensure reliable return of the pressing portion.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-7, 11-12, and 15-18 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 ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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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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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
