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 . Claims 1-7 are being treated on the merits.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Such claim limitation(s) is/are: two instances of "closure mechanism" in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the opening includes a closure mechanism configured to selectively secure the first sleeve in position ", which renders the claim indefinite. The claim has previously set forth "a plurality of openings" and "an opening". It is unclear which opening is being referred to. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, "the opening" in the limitation has been construed to be the opening of the first sleeve.
Claim 1 recites the limitation "the opening includes a closure mechanism configured to selectively secure the second sleeve in position ", which renders the claim indefinite. The claim has previously set forth "a plurality of openings" and two instances of "an opening". It is unclear which opening is being referred to. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, "the opening" in the limitation has been construed to be the opening of the second sleeve.
Claim 3 recites the limitation "the first sleeve includes a buckle portion located at one end thereof", which renders the claim indefinite. Claim 3 depends from claim 1, and claim 1 has set forth the first sleeve including an opening "at a first end thereof". It is unclear "one end thereof" in the limitation is referring to the same first end of the first sleeve or a different end. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, the limitation has been construed to be the first sleeve includes a buckle portion located at either the same first end of the first sleeve or a different second end of the first sleeve.
Claim 3 recites the limitation "the second sleeve includes a buckle portion located at one end thereof", which renders the claim indefinite. Claim 3 depends from claim 1, and claim 1 has set forth the second sleeve including an opening at "a first end thereof". It is unclear "one end thereof" in the limitation is referring to the same first end of the second sleeve or a different end. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, the limitation has been construed to be the first sleeve includes a buckle portion located at either the same first end of the second sleeve or a different second end of the second sleeve.
Claim 4 recites the limitation "the opening includes a closure mechanism configured to selectively secure the first sleeve in position ", which renders the claim indefinite. The claim has previously set forth "a plurality of openings" and "an opening". It is unclear which opening is being referred to. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, "the opening" in the limitation has been construed to be the opening of the first sleeve.
Claim 4 recites the limitation "the opening includes a closure mechanism configured to selectively secure the second sleeve in position ", which renders the claim indefinite. The claim has previously set forth "a plurality of openings" and two instances of "an opening". It is unclear which opening is being referred to. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, "the opening" in the limitation has been construed to be the opening of the second sleeve.
Claim 4 recites the limitation "the closure mechanism", which renders the claim indefinite. The claim has previously set forth two instances of "a closure mechanism". It is unclear which closure mechanism is being referred to. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, the limitation has been construed to be the closure mechanism of the opening of the second sleeve.
Claim 7 recites the limitation "the first sleeve includes a buckle portion located at one end thereof", which renders the claim indefinite. Claim 3 depends from claim 1, and claim 1 has set forth the first sleeve including an opening "at a first end thereof". It is unclear "one end thereof" in the limitation is referring to the same first end of the first sleeve or a different end. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, the limitation has been construed to be the first sleeve includes a buckle portion located at either the same first end of the first sleeve or a different second end of the first sleeve.
Claim 7 recites the limitation "the second sleeve includes a buckle portion located at one end thereof", which renders the claim indefinite. Claim 3 depends from claim 1, and claim 1 has set forth the second sleeve including an opening at "a first end thereof". It is unclear "one end thereof" in the limitation is referring to the same first end of the second sleeve or a different end. For clarity, when multiple terms have the same name but are intended to be distinct elements, clearly distinct labels, such as "first element" and "second element" should be used to make the distinct nature clear. For examination purposes, the limitation has been construed to be the first sleeve includes a buckle portion located at either the same first end of the second sleeve or a different second end of the second sleeve.
The remaining claims each depend from a rejected base claim and are likewise rejected.
Claim Rejections - 35 USC § 103
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 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 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lembo (US 2,544,333 A) in view of Ertzberger (US 2019/0328066 A1).
Regarding claim 1, Lembo discloses an adjustable belt (an adjustable waistband 11; figs. 1-2; col. 1, ll. 48-55) comprising:
a bridge (strap member 24; fig. 6; col. 2, ll. 18-40) comprising a first end (fig. 6), a second end (fig. 6) opposite the first end (fig. 6), and a plurality of openings (eyelets 29; fig. 6; col. 2, ll. 30-40) separated by posts (portions of strap member 24 between the eyelets; fig. 6) and arranged between the first end and the second end (fig. 6);
a first sleeve (a first tubular hem portion 16; fig. 3; col. 1, ll. 50-55; col. 2, ll. 1-13) defining a first internal pocket (figs. 3-5) configured to slidably receive the first end of the bridge (figs. 3-6), the first sleeve including an opening (at a free end 21 of band member 19; figs. 3-5) at a first end thereof that provides access to the first internal pocket (figs. 3-5), wherein the opening includes a closure mechanism (buckle 28 comprising shaft member 30; fig. 6; col. 2, ll. 30-40) configured to selectively secure the first sleeve in position relative to one of the plurality of openings in the bridge (fig. 6; col. 2, ll. 30-40); and
a second sleeve (a second tubular hem portion 17; fig. 3; col. 1, ll. 50-55; col. 2, ll. 1-13) defining a second internal pocket (figs. 3-5) configured to slidably receive the second end of the bridge (at a free end 20 of band member 18; figs. 3-5), the second sleeve including an opening (at a free end 20 of band member 18; figs. 3-5) at a first end thereof that provides access to the second internal pocket (figs. 3-5), wherein the opening includes a closure mechanism (buckle 27 comprising shaft member 30; fig. 6; col. 2, ll. 30-40) configured to selectively secure the second sleeve in position relative to one of the plurality of openings in the bridge (fig. 6; col. 2, ll. 30-40).
Applicant, in para. 0008, has defined the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings. Lembo does not disclose the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings. However, Ertzberger, in an analogous art, teaches a closure mechanism for a first item (skirt 10; figs. 1, 4; para. 0025) and a second item (racing bib 30; figs. 1, 4; abstract; paras. 0025, 0028) comprising a male portion and a female portion (snap connections 12; fig. 4; para. 0028), the male portion and a female portion attached to two pieces (protective flap 14 and a skirt body; fig. 4; para. 0028) of the first item and configured to releasably engage an opening of a plurality of openings (eyelets or openings 32; fig. 4; para. 0028) in the second item (fig. 4; para. 0028), wherein the second item is positioned between the two pieces of the first item (figs. 1, 4; para. 0028). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the closure mechanism as disclosed by Lembo, by replacing the buckles 27 and 28 with complementary snap fastener members , thereby the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings as taught by Ertzberger, in order to use another suitable closure mechanism to releasably attach the first and second sleeves to the bridge which is more compact and easier to operate than the buckles.
Regarding claim 4, Lembo discloses an adjustable belt (an adjustable waistband 11; figs. 1-2; col. 1, ll. 48-55) comprising:
a bridge (strap member 24; fig. 6; col. 2, ll. 18-40) comprising a first end (fig. 6), a second end (fig. 6) opposite the first end (fig. 6), and a plurality of openings (eyelets 29; fig. 6; col. 2, ll. 30-40) separated by posts (portions of strap member 24 between the eyelets; fig. 6) and arranged between the first end and the second end (fig. 6);
a first sleeve (a first tubular hem portion 16; fig. 3; col. 1, ll. 50-55; col. 2, ll. 1-13) defining a first internal pocket (figs. 3-5) configured to slidably receive the first end of the bridge (figs. 3-6), the first sleeve including an opening (at a free end 21 of band member 19; figs. 3-5) at a first end thereof that provides access to the first internal pocket (figs. 3-5), wherein the opening includes a closure mechanism (buckle 28 comprising shaft member 30; fig. 6; col. 2, ll. 30-40) configured to selectively secure the first sleeve in position relative to one of the plurality of openings in the bridge (fig. 6; col. 2, ll. 30-40); and
a second sleeve (a second tubular hem portion 17; fig. 3; col. 1, ll. 50-55; col. 2, ll. 1-13) defining a second internal pocket (figs. 3-5) configured to slidably receive the second end of the bridge (at a free end 20 of band member 18; figs. 3-5), the second sleeve including an opening (at a free end 20 of band member 18; figs. 3-5) at a first end thereof that provides access to the second internal pocket (figs. 3-5), wherein the opening includes a closure mechanism (buckle 27 comprising shaft member 30; fig. 6; col. 2, ll. 30-40) configured to selectively secure the second sleeve in position relative to one of the plurality of openings in the bridge (fig. 6; col. 2, ll. 30-40).
Applicant, in para. 0008, has defined the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings. Lembo does not disclose the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings. However, Ertzberger, in an analogous art, teaches a closure mechanism for a first item (skirt 10; figs. 1, 4; para. 0025) and a second item (racing bib 30; figs. 1, 4; abstract; paras. 0025, 0028) comprising a male portion and a female portion (snap connections 12; fig. 4; para. 0028), the male portion and a female portion attached to two pieces (protective flap 14 and a skirt body; fig. 4; para. 0028) of the first item and configured to releasably engage an opening of a plurality of openings (eyelets or openings 32; fig. 4; para. 0028) in the second item (fig. 4; para. 0028), wherein the second item is positioned between the two pieces of the first item (figs. 1, 4; para. 0028). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the closure mechanism as disclosed by Lembo, by replacing the buckles 27 and 28 with complementary snap fastener members , thereby the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings as taught by Ertzberger, in order to use another suitable closure mechanism to releasably attach the first and second sleeves to the bridge which is more compact and easier to operate than the buckles.
Claims 2 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Lembo (US 2,544,333 A) and Ertzberger (US 2019/0328066 A1) and further in view of Pehle (US 3,745,588 A).
Regarding claim 2, Lembo and Ertzberger, in combination, disclose the adjustable belt of claim 1, except for wherein the first sleeve includes a stiffening element positioned within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve. However, Pehle, in an analogous art, teaches a waistband sleeve (waistband 12; figs. 1, 6; col. 2, ll. 53-57) includes a stiffening element (stiffener material 29 and lining material 30; figs. 3, 6; col. 6, ll. 19-28) positioned within an internal pocket (figs. 3, 6), the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the sleeve (figs. 3, 6; col. 6, ll. 19-28). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the adjustable belt as disclosed by Lembo, with wherein the first sleeve includes a stiffening element positioned within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve as taught by Pehle, in order to reinforce the internal pockets of the first and second sleeve for improved durability.
Regarding claim 5, Lembo and Ertzberger, in combination, disclose the adjustable belt of claim 4, except for wherein the first sleeve includes a stiffening element positioned longitudinally within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned longitudinally within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve. However, Pehle, in an analogous art, teaches a waistband sleeve (waistband 12; figs. 1, 6; col. 2, ll. 53-57) includes a stiffening element (stiffener material 29 and/or lining material 30; figs. 3, 6; col. 6, ll. 19-28) positioned within an internal pocket (figs. 3, 6), the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the sleeve (figs. 3, 6; col. 6, ll. 19-28). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the adjustable belt as disclosed by Lembo, with wherein the first sleeve includes a stiffening element positioned within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve as taught by Pehle, in order to reinforce the internal pockets of the first and second sleeve for improved durability.
Regarding claim 6, Lembo, Ertzberger and Pehle, in combination, disclose the adjustable belt of claim 5. Lembo does not disclose wherein one of the male portion and the female portion of the closure mechanism of the first sleeve is attached to the stiffening element and positioned within the opening to the first internal pocket, and wherein one of the male portion and the female portion of the closure mechanism of the second sleeve is attached to the stiffening element and positioned within the opening to the second internal pocket. However, by combination of Lembo and Pehle, the first and second sleeves would comprise at least a stiffening element inside each of the internal pockets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured one of the male portion and the female portion of the closure mechanism of the first and second sleeves, to be attached to the stiffening element and positioned within the opening to the first and second internal pocket respectively, in order to secure the one of the male portion and the female portion of the closure mechanism at a reinforced portion of the sleeves for improved durability. Such a configuration is within the level of one of ordinary skill of the art.
Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lembo (US 2,544,333 A), Ertzberger (US 2019/0328066 A1) and Pehle (US 3,745,588 A) and further in view of Wander (US 1,368.,866 A).
Regarding claim 3, Lembo, Ertzberger and Pehle, in combination, disclose the adjustable belt of claim 2. The modified adjustable belt does not disclose wherein the first sleeve includes a buckle portion located at one end thereof, and wherein the second sleeve includes a buckle portion located at one end thereof. However, one of ordinary skill of the art would recognize that each of the band members 18, 19 of Lembo must be secured at both ends thereof to avoid any undesirable movement of the band members within the hem portions thereby preventing the bridge 24 detaching from the band members 18, 19. Further, Wander, in an analogous art, teaches a strap (comprising two band members A, B; fig. 1; p. 1, ll. 26-31) positioned at a waistband region of a lower garment (fig. 1; p. 1, ll. 26-31) comprises a buckle portion (buckle 12; fig. 1; p. 1, ll. 62-71) located a free end of a band member (band member A; fig. 1; p. 1, ll. 62-71) configured to secure the free end at the waistband region (fig. 1; p. 1, ll. 62-71). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the free ends of band members 18, 19 that do not engage with the bridge 24 as disclosed by Lembo, with wherein each of the free ends thereof comprising a buckle as taught by Wander, in order to provide a suitable approach to secure the band members within the hem thereby retaining the selected engagement between the bridge and the first and second band members. By this combination, the first sleeve would include a buckle portion located at one end thereof, and wherein the second sleeve would include a buckle portion located at one end thereof.
Regarding claim 7, Lembo, Ertzberger and Pehle, in combination, disclose the adjustable belt of claim 6. The modified adjustable belt does not disclose wherein the first sleeve includes a buckle portion located at one end thereof, and wherein the second sleeve includes a buckle portion located at one end thereof. However, one of ordinary skill of the art would recognize that each of the band members 18, 19 of Lembo must be secured to avoid any undesirable movement of the band members within the hem portions thereby preventing the bridge 24 detaching from the band members 18, 19. Further, Wander, in an analogous art, teaches a strap (comprising two band members A, B; fig. 1; p. 1, ll. 26-31) positioned at a waistband region of a lower garment (fig. 1; p. 1, ll. 26-31) comprises a buckle portion (buckle 12; fig. 1; p. 1, ll. 62-71) located a terminal end of a band member (band member A; fig. 1; p. 1, ll. 62-71) configured to secure the terminal end at the waistband region (fig. 1; p. 1, ll. 62-71). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the free ends of band members 18, 19 that do not engage with the bridge 24 as disclosed by Lembo, with wherein each of the free ends thereof comprising a buckle as taught by Wander, in order to provide a suitable approach to secure the band members within the hem thereby retaining the selected engagement between the bridge and the first and second band members. By this combination, the first sleeve would include a buckle portion located at one end thereof, and wherein the second sleeve would include a buckle portion located at one end thereof.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6, 8-9, 10 and 12-13 of copending Application No. 19238435 (reference application) in view of Becker (US 2020/0300582 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because: claims 1-7 of the current application are anticipated by claims 6, 8-10, and 12-13 of copending Application No. 19238435 except for the second internal pocket configured to receive the second end of the bridge in claims 1 and 4. However, such a limitation only requires that the first and second bridges in the reference application to be adjoining each other forming a composite bridge. Further, Becker, in an analogous art, teaches an adjustable belt (a cummerbund; figs. 5-6; para. 0037) comprising a composite bridge (connecting band 18; figs. 5-6; para. 0037) positioned between a first sleeve (portion 16; figs. 5-6; para. 0037) defining a first internal pocket (defined between a first hook and loop fastener 45; figs. 5-8; paras. 0045-0046) and a second sleeve (portion 14; figs. 5-6; para. 0037) defining a second internal pocket (defined between a second hook and loop fastener 45; figs. 5-8; paras. 0045-0046), wherein the composite bridge comprising a first bridge (a portion adjoining portion 16; figs. 7-8; para. 0047) adjoining a second bridge (center connectors 64 and a portion adjoining portion 14; figs. 7-8; para. 0047), wherein the first internal pocket configured to receive a first end of the composite bridge (a first end of the first bridge; figs. 5-8) and the second internal pocket configured to receive a second end of the composite bridge (a second end of the second bridge; figs. 5-8). Therefore, based on Becker's teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the bridge to be a composite bridge comprising a first bridge adjoining a second bridge, in order to provide an adjustable belt with an intermediate composite bridge between two side panels, which conforms to a human's torso feature as well as being easy for both manufacture and application. By this combination, the second internal pocket would be configured to receive the second end of the bridge.
In addition, it is noted that the two instances of "closure mechanism" in claim 1 invokes 35 U.S.C. 112(f). Applicant, in para. 0008, has defined the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings. The "closure mechanism" in the reference application also comprises a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings therefore meets the claimed structural requirements.
Below is a table illustrating a claim to claim analysis of the double patenting rejections.
Instant Application
Copending Application 19238435
1. An adjustable belt comprising:
[A] a bridge comprising a first end, a second end opposite the first end, and a plurality of openings separated by posts and arranged between the first end and the second end;
[B] a first sleeve defining a first internal pocket configured to slidably receive the first end of the bridge, the first sleeve including an opening at a first end thereof that provides access to the first internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the first sleeve in position relative to one of the plurality of openings in the bridge; and
[C] a second sleeve defining a second internal pocket configured to slidably receive the second end of the bridge, the second sleeve including an opening at a first end thereof that provides access to the second internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the second sleeve in position relative to one of the plurality of openings in the bridge.
6. An adjustable cummerbund comprising:
a first side panel comprising:
[A] [F] a first bridge comprising a first end, a second end opposite the first end, and a plurality of openings separated by posts and arranged between the first end and the second end; and
[B] [G] a first sleeve defining a first internal pocket configured to slidably receive the first end of the first bridge, the first sleeve including an opening at a first end thereof that provides access to the first internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the first sleeve in position relative to one of the plurality of openings in the first bridge; and
a second side panel comprising:
[A] [F] a second bridge comprising a first end, a second end opposite the first end, and a plurality of openings separated by posts and arranged between the first end and the second end; and
[C] [H] a second sleeve defining a second internal pocket configured to slidably receive the first end of the second bridge, the second sleeve including an opening at a first end thereof that provides access to the second internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the second sleeve in position relative to one of the plurality of openings in the second bridge.
2. The adjustable belt of claim 1,
[D] wherein the first sleeve includes a stiffening element positioned within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve.
8. The adjustable cummerbund of claim 1,
[D] [I] wherein the first sleeve includes a stiffening element positioned within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve.
3. The adjustable belt of claim 2,
[E] wherein the first sleeve includes a buckle portion located at one end thereof, and wherein the second sleeve includes a buckle portion located at one end thereof.
9. The adjustable cummerbund of claim 2,
[E] [J] wherein the first sleeve includes a buckle portion located at one end thereof, and wherein the second sleeve includes a buckle portion located at one end thereof.
4. An adjustable belt comprising:
[F] a bridge comprising a first end, a second end opposite the first end, and a plurality of openings separated by posts and arranged between the first end and the second end;
[G] a first sleeve defining a first internal pocket configured to slidably receive the first end of the bridge, the first sleeve including an opening at a first end thereof that provides access to the first internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the first sleeve in position relative to a selected opening of the plurality of openings in the bridge, the closure mechanism comprising a male portion and a female portion configured to releasably engage within the selected opening of the plurality of openings; and
[H] a second sleeve defining a second internal pocket configured to slidably receive the second end of the bridge, the second sleeve including an opening at a first end thereof that provides access to the second internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the second sleeve in position relative to a selected opening of the plurality of openings in the bridge, the closure mechanism comprising a male portion and a female portion configured to releasably engage within the selected opening of the plurality of openings.
10. An adjustable cummerbund comprising:
a first side panel comprising:
[A] [F] a first bridge comprising a first end, a second end opposite the first end, and a plurality of openings separated by posts and arranged between the first end and the second end; and
[B] [G] a first sleeve defining a first internal pocket configured to slidably receive the first end of the first bridge, the first sleeve including an opening at a first end thereof that provides access to the first internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the first sleeve in position relative to one of the plurality of openings in the first bridge, the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings; and
a second side panel comprising:
[A] [F] a second bridge comprising a first end, a second end opposite the first end, and a plurality of openings separated by posts and arranged between the first end and the second end; and
[C] [H] a second sleeve defining a second internal pocket configured to slidably receive the first end of the second bridge, the second sleeve including an opening at a first end thereof that provides access to the second internal pocket, wherein the opening includes a closure mechanism configured to selectively secure the second sleeve in position relative to one of the plurality of openings in the second bridge, the closure mechanism comprising a male portion and a female portion configured to releasably engage within a selected opening of the plurality of openings.
5. The adjustable belt of claim 4,
[I] wherein the first sleeve includes a stiffening element positioned longitudinally within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned longitudinally within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve.
12. The adjustable cummerbund of claim 10,
[D] [I] wherein the first sleeve includes a stiffening element positioned longitudinally within the first internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the first sleeve, and wherein the second sleeve includes a stiffening element positioned longitudinally within the second internal pocket, the stiffening element being configured to provide vertical rigidity and permit horizontal flexibility of the second sleeve.
6. The adjustable belt of claim 5,
[I] wherein one of the male portion and the female portion of the closure mechanism of the first sleeve is attached to the stiffening element and positioned within the opening to the first internal pocket, and wherein one of the male portion and the female portion of the closure mechanism of the second sleeve is attached to the stiffening element and positioned within the opening to the second internal pocket.
8. The adjustable belt of claim 6,
[J] wherein the first sleeve includes a buckle portion located at one end thereof, and wherein the second sleeve includes a buckle portion located at one end thereof.
13. The adjustable cummerbund of claim 12,
[E] [J] wherein the first sleeve includes a buckle portion located at one end thereof, and wherein the second sleeve includes a buckle portion located at one end thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Grisanti (US 2,439,339 A) also teaches an adjustable belt comprising a bridge between two belt members, the bridge comprising a plurality of openings, the two belt members each configured to engage with a selective opening of the plurality of openings.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732