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 § 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 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 “the guide piece restricting a position through which the webbing passes with respect to the locking member” is not understood. The guide piece does not appear to restrict any positions and even requires a specific position in order to perform the locking function.
Claim 4 recites “an opening side” and “a sidewall portion side”, but these are not readily apparent structures in the drawings or in the specification.
The remaining claims are rejected as depending from a rejected claim.
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) 1-3 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fyhr, U.S. Patent 7,712,194.
Regarding Claim 1, Fyhr teaches:
a tongue body that comprises: a first insertion hole (25a, see below) and a second
insertion hole (25b, see below) that allows a webbing to insert therethrough; and a tongue plate that is removably engaged with a buckle;
a locking member (30) supported so as to be displaceable between a release position (Fig. 2b) spaced apart from the first insertion hole where the webbing is allowed to move, and a locking position (Fig. 3b) close to the first insertion hole where the webbing is prevented from moving; and
a guide piece (see body 20 and note plastic cover disclosed which is guide piece) mounted to the locking member, the guide piece restricting a position through which the webbing passes with respect to the locking member (Figs. 2b, 3b).
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Regarding Claim 2, Fyhr teaches:
Wherein the guide piece comprises; a flat surface portion (see below) with which a wide surface of the webbing is brought into contact; and a side wall portion provided on each of both ends of the flat surface portion, the side wall portion restricting a movement of the webbing in a width direction (see below).
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Regarding Claim 3, Fyhr teaches:
Wherein the guide piece comprises a protruding portion (26) that protrudes from the side wall portion, the protruding portion restricting the webbing so as not to move away form the flat surface portion beyond a predetermined distance.
Regarding Claim 6, Fyhr teaches:
Wherein the guide piece comprises a guide portion that extends from a back side of the flat surface portion, the back side being opposite to a front side of the flat surface portion with which the wide surface is brought into contact, wherein the guide portion is brought into contact with part of the locking member when mounted to the locking member to guide the guide piece toward a predetermined position (see below).
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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 Fyhr ‘194.
All the aspects of this claim are disclosed by the prior art above, but for the claimed height being 1.2-2.5 times greater than a thickness of the webbing inserted. Fyhr clearly teaches the height being significantly greater than the webbing thickness (see Fig. 2b).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Fyhr with the claimed dimension because that appears to be within the scale that is taught by the prior art and this height would permit easy passing of the webbing in the unlocked position and it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. See MPEP 2144.05 [R-5].
Claim(s) 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fyhr ‘104 as applied to claim 1 above, and further in view of Ball, U.S. Patent 5,100,176.
Regarding Claim 4, Fyhr is silent with regard to the limitations of this claim. However, it would
have been obvious to one of ordinary skill in the art at the time the invention to provide Fyhr with the dimensions set forth by Ball because that would permit easier insertion of the removal of the webbing while still allowing the protruding portion to maintain the webbing in the appropriate position. Furthermore, it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. See MPEP 2144.05 [R-5]. Anda change in shape is generally considered obvious to those of ordinary skill in the art and applicant has not provided any unforeseen result stemming from the use of the claimed structure nor provided any specific problem solved by the claimed structure, In re Dailey.
Regarding Claim 7, Fyhr teaches:
The locking member is formed of a metal material (see 21), and the guide piece is formed of a resin material (see Col 2, Lns 27-31)
Fyhr does not teach:
The guide is provided with a plurality of ribs in at least parts of a fitting surface to be fitted with the locking member, the ribs being brought into contact with the locking member.
Ball clearly teaches:
A guide piece (70/78) with a plurality of ribs (82) which can be brought into contact with a locking element (Fig. 9b).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Fyhr with the ribs as taught by Ball because that would improve the friction and holding power of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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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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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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