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 Objections
Claim 15 is objected to because of the following informalities: the claim should have a period at the end, and FKM with the description of fluoroelastomer should be clarified without parenthesis or FKM should be spelled out in the claim. Regarding claims 9-10, claims 9-10 recite “wherein” twice in line 1. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Yang et al. (U.S. 2024/0148115) [115].
Regarding Claim 1, Reference [115] discloses an elastomer body (112); and a nylon member (114) attached to the elastomer body.
Regarding Claim 2, Reference [115] discloses wherein the elastomer body comprises a first end and a second end.
Regarding Claim 3, Reference [115] discloses wherein the elastomer body comprises a first end and a second end, wherein the first end of the elastomer body comprises a tip, and wherein the second end of the elastomer body attaches to a buckle.
Regarding Claim 4, Reference [115] discloses wherein the elastomer body comprises adjustment holes (110).
Regarding Claim 5, Reference [115] discloses wherein the elastomer body comprises a first end and a second end, wherein the first end of the elastomer body comprises a tip (end of 102), wherein the second end of the elastomer body attaches to a buckle (104), wherein the elastomer body comprises adjustment holes, and wherein the buckle comprises a buckle tongue (prong tongue of 104) which is configured to insert into the adjustment holes in the elastomer body.
Regarding Claim 6, Reference [115] discloses wherein the elastomer body comprises an outside surface and an inside surface, wherein the inside surface is meant to contact the wrist of a user when the user wears the watch band.
Regarding Claim 7, Reference [115] discloses wherein the elastomer body comprises a first end and a second end, wherein the first end of the elastomer body comprises a tip, wherein the second end of the elastomer body attaches to a buckle, wherein the elastomer body comprises adjustment holes, wherein the nylon member is attached to the elastomer body such that the adjustment holes in the elastomer body are free of nylon (Fig. 1B and Fig. 3).
Regarding Claim 8, Reference [115] discloses wherein the nylon member comprises a nylon webbing inlay that is stitched (402) to the elastomer body.
Regarding Claim 9, Reference [115] discloses wherein, wherein the elastomer body comprises a first end and a second end, wherein the second end of the elastomer body attaches to a buckle, wherein the elastomer body comprises adjustment holes, wherein the buckle comprises a buckle tongue which is configured to insert into the adjustment holes in the elastomer body, wherein the elastomer body comprises an outside surface and an inside surface, wherein the inside surface is meant to contact the wrist of a user when the user wears the watch band, and wherein the nylon member is attached to the elastomer body such that the adjustment holes in the elastomer body are free of nylon.
The Examiner notes that “meant to contact the wrist of a user when the user wears the watch band” is interpreted as intended use. 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. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding Claim 10, Reference [115] discloses wherein, wherein the elastomer body comprises a first end and a second end, wherein the second end of the elastomer body attaches to a buckle, wherein the elastomer body comprises adjustment holes, wherein the buckle comprises a buckle tongue which is configured to insert into the adjustment holes in the elastomer body, wherein the elastomer body comprises an outside surface and an inside surface, wherein the inside surface is meant to contact the wrist of a user when the user wears the watch band, and wherein the nylon member is attached to the elastomer body such that the adjustment holes in the elastomer body are free of nylon, wherein the nylon member comprises a nylon webbing inlay that is stitched to the elastomer body.
The Examiner notes that “meant to contact the wrist of a user when the user wears the watch band” is interpreted as intended use. 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. Ex parte Masham, 2 USPQ2d 1647 (1987).
In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e a band, does not depend on its method of production, i.e. being stitched. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
Regarding Claim 11, Reference [115] discloses wherein the nylon member is configured to bestow the elastomer body with high tensile, tear and cracking resistance (resistant to wear and tear), wherein the nylon member reinforces the elastomer body.
The Examiner notes that “to bestow” is interpreted as intended use. 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. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding Claim 12, Reference [115] discloses wherein the elastomer body comprises adjustment holes, wherein the nylon member comprises a forked portion comprising two fingers (two sides of 114) with a space between the two fingers, wherein the adjustment holes in the elastomer band are located in the space between the two fingers of the nylon member.
Regarding Claim 13, Reference [115] discloses wherein the nylon member is stitched to the elastomer body all the way along an outer perimeter of the nylon member.
In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e a band, does not depend on its method of production, i.e. being stitched. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
Regarding Claim 14, Reference [115] discloses wherein the elastomer body comprises a first end and a second end, wherein the first end of the elastomer body comprises a tip, wherein the second end of the elastomer body attaches to a buckle, wherein the elastomer body comprises adjustment holes, and wherein the buckle comprises a buckle tongue which is configured to insert into the adjustment holes in the elastomer body, wherein the watch band also comprises at least one keeper loop for receiving the tip of the elastomer body when the watch band is worn by a user, wherein the at least one keeper loop, the buckle and the buckle tongue are all formed of metal, and retention bumps (material surface of 114) are provided on an inside surface of the watch band for retaining the keeper loops between the retention bumps.
The Examiner notes that “when the watchband is worn by a user” is interpreted as intended use. 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. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding Claim 15, Reference [115] discloses wherein the elastomer body is formed of FKM (Fluoroelastomer) (fluoroelastomers) and the nylon member (nylon) is formed of a nylon material that is webbed
In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e a band, does not depend on its method of production, i.e. being webbed. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. D732,414S discloses a similar watch band to claimed invention with multiple layers and bumps. U.S. 5,762,241 discloses a similar watchband with multiple materials.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON W SAN whose telephone number is (571)272-6531. The examiner can normally be reached on M-F 8AM-5PM.
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/JASON W SAN/SPE, Art Unit 3677
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