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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The terms “basic ring”, “rotating ring”, and “hidden ring” in claims 1-9 are used by the claim to mean “basic arch shaped element (100)”, “rotating arch shaped element (200)”, and “hidden arch shaped element (300),” while the accepted meaning is “a circular/annular shaped element.” The term is indefinite because the specification does not clearly redefine the term.
Claims 1-9 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.
Claims 1-9 recite the limitation of a hollowed-out groove. A groove is inherently a space/line formed in the surface of a material. The specification fails to define what structure is being defined by the term “hollowed-out”. It is suggested that the limitation “hollowed-out groove” be changed in the claims and the specification to a “slot” to accurately define the limitation and to overcome the 112b problems with the claims.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 2-9 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Leufray-Simms discloses the combination comprising an upright holder plate having a decorative front side, and a rear side defining upper and lower portions, an upper support loop extending upright above said plate and having two sections which are relatively closable to define a transverse through opening for embracing said necklace strand, above the plate, the support loop connected to the plate upper portion, and a clasp having transversely spaced opposite ends connected to the plate rear side lower portion, and the clasp also having an intermediate portion between said opposite ends disposed to extend through and support the pendant loop to stably hang below the plate, in alignment with the upper support loop, said support loop sections extending in a first and upright plane which is perpendicular to a second plane defined by said plate, the plate having edges generally defining an isocyles triangle which is downwardly divergent to define lower corners proximate said clasp opposite ends, the clasp intermediate portion being downwardly offset so as to stably generally center the pendant loop, said clasp opposite ends concealed behind said plate lower corners, one of said clasp opposite ends having concealed hinge connection to the plate, and the other of said clasp opposite ends having concealed latch connection to the plate.
Steinhauer discloses a finger ring comprising a generally circular band defining a finger receiving opening. The band has a radially outwardly open window. A jewelry piece is removably received in a displayed position within the window. A pair of levers is rotatably supported on the band on opposite sides of the window. The levers have inner and outer segments and are rotatably adjustable between open and closed positions. In the open position the inner segments protrude into the finger receiving opening and the outer segments are removed from the window to thereby accommodate insertion and removal of the jewelry piece into and from the displayed position. In the closed positions the inner segments are removed from the finger receiving opening and the outer segments extend into the window to mechanically engage and retain the jewelry piece in the displayed position.
The Japanese reference, JP H0725809 U, discloses a plastic earring that is rich in color and can be provided at a very low cost. A pair of earring main bodies whose one end is connected by a plastic hinge and the other end is openable and closable in the butting direction, a pin inserted into an earlobe protruding from the open end of the one earring main body, and the other earring main body When the pair of earring bodies are closed integrally with the plastic housing, the pin housing portion that engages with the end portion of the pin provided at the open end of The pair of earring main body is provided with retaining means for preventing the opening. The earring is integrally formed of plastic in a shape in which a pair of earring bodies are connected by a plastic hinge, and elastically prevents the pair of earring bodies from opening when the pair of earring bodies is closed by the plastic hinge. A colorful plastic earring can be provided by providing the pair of earring main body portions with the retaining means.
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
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