DETAILED ACTION
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Georgi, US 2014/0093850 A1, in view of Cohan, US 2148534.
Georgi discloses a motivation bracelet (12) with a plurality of removeable, slideable charms (22). The bracelet includes a removable clasp, buckle, latch, tie, magnetic or other suitable closure (20, [0055])
PNG
media_image1.png
143
270
media_image1.png
Greyscale
“[0055] It is noted other suitable means known to one skilled in the art for securing the distal ends 14, 16 to form a loop may be employed and are anticipated. For example the clasp 20 may instead be a buckle, latch, tie, magnetic closure, or other suitable closure.”
The removable closure parts allow the user to add and remove charms to show different symbols of achievement ([0056]). Georgi discloses that the inner circumference of the charms is smaller than the outer circumference of the clasp on the ends of the bracelet, i.e., in order to remove the charms or place a new charm onto the band, the first and/or second members must be removed from the band.
“[0056] In use, one or both distal ends 14, 16 of the band 12 can be removed from the clasp 20 such that the user can slidably and removably engage one or a plurality of charms 22 thereon to provide a motivator and/or reminder of accomplishments towards a personal goal. Personalized motivation is provided through various related indicia disposed on the plurality of charms 22 which the user engages to the band 12 sequentially as they progress or complete their individual related tasks toward a goal.”
Georgi fails to discloses the magnetic clasp having a first member configured to be removably attachable to the bracelet via a first lever. Or, a second member configured to be removably attachable to the bracelet via a second lever. The first and second levers are selectively actuatable between an open and closed configuration. However, Cohan discloses a bracelet band with a removable clasp (figure 1).
Cohan discloses the first (10) and second (11) members are removably attachable to the ends of the band (12). The first and second members having complementary engagement areas (17, 43). The use of actuatable levers (22-27, 30-31) for locking the members to the ends of the bracelet band are pivotable from an open position (figure 4), which allows the placement of or removal of the member from the band, to a closed position (figure 3), which locks the members to the ends of the bracelet band (12, 13). Therefore, it would have been obvious, prior to the earliest effective filling date, to a person having ordinary skill in the art to modify Georgi’s removable members to include an actuatable lever to provide the wearer with an easier device for applying or removing the members from the ends of the bracelet band.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Georgi, US 2014/0093850 A1, in view of Cohan, US 2148534 and further in view of Mendosa, US 1763100.
Georgi discloses a motivation bracelet (12) with a plurality of removeable, slideable charms (22). The bracelet includes a removable clasp, buckle, latch, tie, magnetic or other suitable closure (20, [0055]).
PNG
media_image1.png
143
270
media_image1.png
Greyscale
“[0055] It is noted other suitable means known to one skilled in the art for securing the distal ends 14, 16 to form a loop may be employed and are anticipated. For example the clasp 20 may instead be a buckle, latch, tie, magnetic closure, or other suitable closure.”
The removable closure parts allow the user to add and remove charms to show different symbols of achievement ([0056]). Georgi discloses that the inner circumference of the charms is smaller than the outer circumference of the clasp on the ends of the bracelet, i.e., in order to remove the charms or place a new charm onto the band, the first and/or second members must be removed from the band.
“[0056] In use, one or both distal ends 14, 16 of the band 12 can be removed from the clasp 20 such that the user can slidably and removably engage one or a plurality of charms 22 thereon to provide a motivator and/or reminder of accomplishments towards a personal goal. Personalized motivation is provided through various related indicia disposed on the plurality of charms 22 which the user engages to the band 12 sequentially as they progress or complete their individual related tasks toward a goal.”
Georgi fails to discloses the magnetic clasp having a first member configured to be removably attachable to the bracelet via a first lever. Or, a second member configured to be removably attachable to the bracelet via a second lever. The first and second levers are selectively actuatable between an open and closed configuration. However, Cohan discloses a bracelet band with a removable clasp (figure 1).
Cohan discloses the first (10) and second (11) members are removably attachable to the ends of the band (12). The first and second members having complementary engagement areas (17, 43). The use of actuatable levers (22-27, 30-31) for locking the members to the ends of the bracelet band are pivotable from an open position (figure 4), which allows the placement of or removal of the member from the band, to a closed position (figure 3), which locks the members to the ends of the bracelet band (12, 13). Therefore, it would have been obvious, prior to the earliest effective filling date, to a person having ordinary skill in the art to modify Georgi’s removable members to include an actuatable lever to provide the wearer with an easier device for applying or removing the members from the ends of the bracelet band.
Georgi in view of Cohan fail to disclose the first and second members with a plurality of ridges in a bracelet cavity of the members. However, Mendosa discloses the use of a bracelet cavity (at 6c in figure 5) in a removable clasp member to include a plurality of ridges (11c) to increase the reliability of the mechanical coupling between the ends of the bracelet band and the members.
PNG
media_image2.png
382
434
media_image2.png
Greyscale
Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to add ridges to Cohan’s clasp member cavities to improve the reliability of the mechanical coupling between the ends of the bracelet band and the members.
Regarding claim 3, Georgi discloses that the inner circumference of the charms is smaller than the outer circumference of the clasp on the ends of the bracelet ([0056]), i.e., in order to remove the charms or place a new charm onto the band, the first and/or second members must be removed from the band. Therefore, the outer circumference of the clasp members are larger than the slider charms, i.e., it prevents them from sliding off the bracelet band.
“[0056] In use, one or both distal ends 14, 16 of the band 12 can be removed from the clasp 20 such that the user can slidably and removably engage one or a plurality of charms 22 thereon to provide a motivator and/or reminder of accomplishments towards a personal goal. Personalized motivation is provided through various related indicia disposed on the plurality of charms 22 which the user engages to the band 12 sequentially as they progress or complete their individual related tasks toward a goal.”
Regarding claim 4, Georgi discloses the bracelet is a band (12, [0053]).
Regarding claim 5, Georgi in view of Cohan and Mendosa discloses the method steps of attaching and removing the first and second members from the bracelet band by actuating a lever arm of the lever so that the lever arm is substantially perpendicular to the engagement areas of the first and second members (24, figure 4 of Cohan and figures 1-5 of Mendosa shows the lever in an open position that is substantially perpendicular to the engagement areas).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12329252. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the application anticipate the claims of the patent by claiming broader common subject matter: bracelet, slider charm, magnetic clasp having a first and second member with engagement areas and levers.
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).
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
Prosecution Insights