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 1-5 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.
Claim 1, line 12, recites “the regulation is removed”, it is lack of antecedent basis, and it is unclear which structure encompassed by such limitation? For the purpose of examination and as best understood the limitation is interpreted to “when the operation portions are pressed to unlock/release the rib from the engaging claw to increase or decrease the length of the head strap”.
Claims 2-4 are depending of claim 1, and are likewise indefinite.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuo (9241542).
Regarding claim 1, Kuo discloses an underwater mask (mask 1 is configured to move up, down left, right and horizontal directions) having an up-down direction, a front-rear direction, and a horizontal direction, and comprising: a mask body (body structure 1); a head strap (2) coupled to the mask body (fig.1); and a buckle (3, col.5, lines 1-5) for adjusting a length of the head strap, wherein the buckle is separate from the mask body (fig.2), is positioned at a distance in the front-rear direction, and has an engaging claw (323, fig.5) that engages with an engagement recess (a recess between teeth 21, fig.5) positioned on an outer surface of the head strap, and a pair of operation portions (331, fig.3) positioned opposite each other in the up-down direction, and wherein when the buckle is moved rearward, the engaging claw engages with the engagement recess of the head strap to regulate adjustment of the length of the head strap, and when the operation portions are pressed to unlock/release the rib from the engaging claw to increase or decrease the length of the head strap (The operating member 33 has two opposite buttons 331 for passing through the openings 312 and then jutting out of the two sides of the base 31. An arcuate bar 332 links the two button 331 and presses against the back of the pressing board 32, while two opposite sliding blockers 333 are provided corresponding to the inner sides of the two buttons 331. The two sliding blockers 333 can be slidably received in the insertion hole 313 of the base 31 without the risk of falling out. The arcuate bar 332 normally uses the outward bias of its two ends to expose the two button 331 at the openings 312 of the base 31. When the two buttons 331 are pressed inward, the arcuate bar 332 is compressed and deforms to become more arcuate, col.4, lines 29-40).
Regarding claim 2, Kuo discloses the underwater mask according to claim 1, wherein the buckle has a base member (31) and a cover member (32) separate from the base member, and wherein the cover member is rotatably attached to the base member and has the operation portions, and when the operation portions are pressed, the cover member moves in a direction away from the base member (fig.1).
Allowable Subject Matter
Claims 3-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732
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