DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the latch defined in claim 10 and projections on the interior portion of the body of the crown (claim 20) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: cabochon (claim 19) is not found in the specification.
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 1-8 and 17-20 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 claims 1 and 17 and all the claims that depend therefrom, it is misdescriptive to claim that the tunnel extends around an outer periphery of a top portion of the crown. The tunnel (110) is located within the crown and does not extend around a top portion of the crown. It is more accurate to claim that the tunnel surrounds a chamber formed as a recess in the top portion of the crown.
Regarding claim 20, it is misdescriptive to claim that the projections are disposed on the interior portion of the body of the crown. As can be seen in figure 16, the projections are disposed on the interior surface of the band, which connects the ends of the body of the crown together.
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.
Claims 1-8 are rejected under 35 U.S.C. 102a(1) as being anticipated by Scharf, US 2003/0115903 A1.
Regarding claim 1, Scharf discloses a finger ring having a crown and a band that extends from one end of the crown to the opposed end of the crown. The embodiment of figure 7 discloses a tunnel extending in a substantially rectangular pattern within the crown. Please see the annotated drawing on the subsequent page.
Regarding claim 2, Scharf discloses that crown being formed of glass and gold, silver or gold-plated metal ([0012]).
Regarding claim 3, Scharf discloses the crown formed from a body extending from a first end adjacent the band to a second end opposed to the first end adjacent the band (see annotated drawing on the subsequent page).
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Regarding claim 4, Scharf discloses the tunnel forming a hollow portion of the body of the crown for holding the stones (750).
Regarding claims 5-6, as can be seen in Scharf’s annotated figure 7, the tunnel includes a first exterior wall and a second interior wall, which forms a boundary of a chamber (726) formed in the crown.
Regarding claim 7, Scharf discloses stones (750) placed for free movement within the tunnel.
Regarding claim 8, Scharf is silent as to the amount of sound produce from the stones (750) moving within the tunnel. The claim states that the sound produced is less than 30dB. Depending on the hardness, shape and size of the stones, a wide range of audible sounds can be produced. Also, depending on the ring is moved, a wide variety of sounds can be produced. For example, if the finger ring is moved in a very slow manner, the stones would barely move. This type of movement would produce a sound close to zero dB. Therefore, Scharf’s finger ring is capable of producing a sound close to zero dB, i.e., less than 30 dB, when the finger ring is moved.
Claims 9 and 11-15 are rejected under 35 U.S.C. 102a(1) as being anticipated by Koven, US 2258413. Koven discloses a crown of a finger with a plurality of holes that lead to a tunnel for viewing the interior of the tunnel.
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Regarding claim 11, Koven discloses gemstones (A) located within the tunnel of the crown.
Regarding claim 12, Koven is silent as to the amount of sound produced from the stones (750) moving within the tunnel. The claim states that the sound produced is less than 30dB. Depending on the hardness, shape and size of the stones, a wide range of audible sounds can be produced. Also, depending on the ring is moved, a wide variety of sounds can be produced. For example, if the finger ring is moved in a very slow manner, the stones would barely move. This type of movement would produce a sound close to zero dB. Therefore, Koven’s finger ring is capable of producing a sound close to zero dB, i.e., less than 30 dB, when the finger ring is moved.
Regarding claim 13, Koven discloses a band (R) interconnecting the opposed ends of the body of the crown (figures 1-3).
Regarding claim 14, Koven discloses a first wall spaced from a second wall at various widths. Please see the annotated drawing.
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Regarding claim 15, Koven discloses one width being less that the other.
Claims 9, 14 and 16 are rejected under 35 U.S.C. 102a(1) as being anticipated by Steller, US 1585516. Steller discloses a finger ring with a tunnel in the crown. A plurality of holes extend through the wall of the tunnel. Steller discloses a chamber recessed in the top portion of the crown. Wherein, the tunnel extends about the chamber. Please see the annotated drawing.
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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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Scharf, US 2003/0115903 A1 in view of Thorpe, D427379. Scharf fails to disclose a latch to access the interior of the body of the crown. However, Thorpe discloses a finger ring with a lid, hinge and latch for accessing the interior of the body of the crown. The hinge and latch provide an easier means for allowing the wearer or manufacturer access to the interior of the body for placing the stones therein. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to provide Scharf’s crown with a hinge and latch to provide easy access to the interior of the body of the crown for, placing in or removing from, the stones to clean or change for a different aesthetic look for the finger ring.
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Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Scharf, US 2003/0115903 A1 in view of Lamsa, US 2025/0000218 A1.
Regarding claims 17 and 20, Scharf discloses a finger ring having a crown and a band that extends from one end of the crown to the opposed end of the crown. The embodiment of figure 7 discloses a tunnel extending in a substantially rectangular pattern within the crown. Please see the annotated drawing.
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The claim requires there to be a plurality of projections on the interior surface of the band, which are not found in Scharf. However, Lamsa discloses a plurality of projections (325a, 325b, 325c) on the interior surface of the band to create firm contact between the finger ring and the finger so that the sensors accurately and reliability collect data of the wearer ({0102]-[0103]).
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Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to add the sensors and projections to the interior surface of Scharf’s finger ring to accurately and reliably collect data through the projections to inform the wearer of their state of physical condition.
Regarding claim 18, Lamsa fails to discloses the spacing between the projections. However, the specification fails to disclose any criticality attributed to a 0.5mm spacing between the projections. Lamsa discloses the projections spaced from one another and performs just as well as projections spaced 0.5mm. Therefore, it would have been an obvious design choice, prior to the earliest effective filing date, to a person having ordinary skill in the art to space Lamsa’s projections 0.5mm apart from one another.
Regarding claim 19, Lamsa discloses the projection in the shape of a cabochon.
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).
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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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
