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 1-6 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.
Regarding claim 1:
Applicant claims “two pins, each engaged in a hole extending through one of the center links”. The claim is not clear if there are two pins and two holes, or two pins and one hole. Based on the disclosure, examiner assumes there are two pins and two holes.
Applicant claims “attachment zones” and “pin is driven into the socket”. Examiner assumes that this means the socket is hollow, and that the “attachment zones” are shapes of the hollow through hole of the socket. However, this is not required in the claim language.
Regarding claim 6, applicant claims “the boss” which is previously claimed in claim 4. Claim 6 does not depend from claim 4. Examiner assumes “a boss” in claim 6.
Dependent claims inherit the same issues from parent claims and do not resolve any indefinite issues.
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 is/are rejected under 35 U.S.C. 102a1 as being anticipated by PCT/JP99/05087 Yamakawa.
Regarding claim 1, Yamakawa discloses a bracelet comprising a plurality of articulated units formed by two center links 30 rigidly connected to each other by first and second side links (26, 27) between which the centre links 30 are sandwiched (figure 20), the first side link 26 comprising two pins 33, each engaged in a hole (30a) extending through one of the centre links (30), each pin (33) being attached to a socket (24) provided on the second side link (27), the bracelet being characterised in that each socket (24) comprises two separate attachment zones (24a, 24b), via each of which the pin (33) is driven into the socket (24) (figure 20).
Regarding claim 2, Yamakawa discloses the bracelet according to claim 1, wherein the sockets (24) extend into the centre links (30) by a distal part and extend into the second link (27) by a proximal part (24b).
Regarding claim 3, Yamakawa discloses the bracelet according to claim 2, wherein each of the proximal and distal parts (24b and the rest of the socket 24) has one of the attachment zones (24b is within the second socket 27, and 24a is in the rest of the socket 24).
Regarding claim 4, Yamakawa discloses the bracelet according to claim 1, wherein one of the attachment zones (24a,24b) is formed by a radial boss (40) of the socket (18) configured to apply clamping forces to the pin (as shown in figure 1), the boss (40) having a convex cross-sectional shape.
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.
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, 5-6 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over 2015/0313326 Catheline.
Regarding claim 1, Catheline discloses a bracelet [0001] comprising a plurality of articulated units formed by two links (m1a, m1b) between which the centre links (m1c) are sandwiched, the first side link (m1a) comprising two pins (3, figure 6), each engaged in a hole (55) extending through one of the centre links (m1c), each pin (3) being attached to a socket (6, figure 4) provided on the second side link (m1b), the bracelet being characterised in that each socket (6, figure 4) comprises two separate attachment zones (62, 680), via each of which the pin (3) is driven into the socket (6, figure 3).
Regarding claim 5, Catheline discloses the bracelet according to claim 1, wherein one of the attachment zones (62, 680) is formed by a flange (62, figure 4) configured to apply clamping forces to the pin (by frictional attachment within the bore 12 of m1b), the flange (62) being formed by a constant reduction 67 in the cross-section of the socket (figure 4).
Regarding claim 6, Catheline discloses the bracelet according to claim 4, wherein one of the attachment zones (62, 680) is formed by a flange (62) configured to apply clamping forces to the cross-section of the socket (as discussed in claim 5), and wherein the pins (3) comprise a proximal part (44) and a distal part (401), each cooperating with a different attachment zone (62, 680, as shown in figure 3) of the socket (6), the distal part (401) having a cross-section that is smaller than the cross-section of the proximal part (44), the pin (3) having a larger internal diameter at the boss (40) than at the flange (62).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see 892. Examiner notes that figure 10 of Catheline has the socket 6 that extends between the side link and the center link with two one attachment zone in each link.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/EMILY M MORGAN/Primary Examiner, Art Unit 3677
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