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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The objected to language is “comprising” and “comprises”.
Claim Objections
Claims 8 and 16 objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot use the language “any of the preceding claims” and should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
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 1-7 and 9-15 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 “attachment member intended for being secured between a pair of horns”. The claimed scope of “intended for being secured” is indefinite because it is unclear if “secured between a pair of horns” is required or not. Claims 2-7 and 9-15 are rejected for depending from claim 1.
Claims 2 and 7 are rejected because “the bezel side” lacks antecedent basis. It is unclear if a watch case with lugs and a bezel forms part of the claimed invention or not and therefore it is unclear what a bezel side could mean if a case is not part of the invention.
Regarding claim 10, the limitation “a bearing surface intended to come into contact with the watch case” is indefinite because it is unclear if “contact with the watch case” is required or not.
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 1-6, 9 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lou, US 3,908,243.
Regarding claim 1, Lou discloses an attachment member (Fig 11, 49) intended for being secured between a pair of horns of a watch case, comprising two pairs of horns (51), for connecting the watch case (47) to an attachment end (52) of a wrist strap, the attachment member comprising a coupling element (54) configured to engage with the attachment end (52) in order to assemble the coupling element and the attachment end by interlocking in a direction perpendicular or oblique to a plane defined by the two pairs of horns of the watch case (Fig 13), the attachment member further comprising a latch (56) movably mounted in a recess of the attachment member (Fig 13) between a locked position and an unlocked position enabling the assembly of the coupling element to the attachment end to be locked and unlocked, wherein the coupling element is configured to be located on a visible side (the coupling element 54 is on a visible side because the holes are on an external side and thus visible) of the attachment member when the assembly between the coupling element and the attachment end is not carried out, and in that said assembly is carried out directly in a single movement by interlocking the coupling element and the attachment end (column 3, line 63-column 4, line 5).
Regarding claim 2, Lou discloses the said visible side is visible on the bezel side of the watch case when the attachment member is fixed between the pair of horns thereof and the attachment end is not connected to the attachment member (Fig 12).
Regarding claim 3, Lou discloses the latch (56) comprises a hook or bolt configured to prevent separation between the attachment end and the coupling element when the latch is in the locked position (shoulder 56a prevents separation, Figs 12-14).
Regarding claim 4, Lou discloses the movement of the latch is limited by a stop preventing the latch from moving out of the recess (buttons 59).
Regarding claim 5, Lou discloses the locked position of the latch is reached and maintained by the action of an elastic member (return spring 57) on the latch.
Regarding claim 6, Lou discloses the latch comprises a gripping part (59) enabling it to be moved in at least one direction between the locked and unlocked positions.
Regarding claim 9, Lou discloses the coupling element is formed by at least two elements (54), from among female and/or male elements, arranged on either side of the recess of the latch (Fig 12).
Regarding claim 11, Lou discloses a wrist strap (48a, 48b) comprising an attachment end (52) configured to be connected, by interlocking, to the attachment member of claim 1.
Regarding claim 12, Lou discloses the attachment end comprises at least one male element (52b) configured to be fitted into the coupling element of the attachment member.
Regarding claim 13, Lou discloses the attachment end comprises a rim or a fixing window (55) configured to cooperate with the latch (56) of the attachment member in order to lock the assembly of the attachment end and the coupling element.
Regarding claim 14, Lou discloses the rim or the fixing window is located between at least two elements complementary to the male and/or female elements which form the coupling element of the attachment member (Fig 12 shows fixing window 56 between the complementary male/female elements 52b, 54).
Regarding claim 15, Lou discloses the attachment end is concealed beneath a portion of the strap overlying the attachment member when the attachment end is assembled to the attachment member (Fig 11 shows a portion of the attachment end is concealed beneath the strap).
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 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lou in view of Wang, US 10,524,549.
Regarding claim 7, Lou does not explicitly disclose the gripping part is arranged to be accessible from an invisible side of the attachment member when the latter is fixed between the pair of horns and when the watch case is viewed from the bezel side.
Wang discloses a watch including a gripping part (second engaging member 431) accessibly from an invisible side (Fig 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the gripping part in Lou to be accessible from an invisible side for the purpose of hiding the gripping part to improve the appearance of the watch and because it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Moving the gripping part from the lateral sides to the underside of the watch as shown by Wang would have been an obvious choice to one skilled in the art.
Regarding claim 10, Lou does not explicitly disclose a bearing surface being configured to substantially prevent any rotation of the attachment member when it is fixed between the horns of the watch case.
Wang discloses a bearing surface (43) configured to substantially prevent any rotation of the attachment member when it is fixed between the horns of the watch case.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the attachment member in Lou to prevent unwanted rotation as shown by Wang for the purpose of securing the wristband in a defined fixed position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON COLLINS whose telephone number is (571)270-3994. The examiner can normally be reached 9:30 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke can be reached at 571-272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON M COLLINS/ Examiner, Art Unit 2831
/EDWIN A. LEON/ Primary Examiner, Art Unit 2831
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