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 § 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(s) 1, 2, 4 - 8, 11 and 17 - 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori, US 2007/0028425 in view of Seo et al., US 9,668,550.
Regarding claim 1, Mori discloses a multi-modal fastener (1) including a first end (a distal end of a band body 2), a second end (near element 6) opposite the first end (see figure 1), a first face (on one side), and a second face (on an opposite side) opposite the first face, the multi-modal fastener comprising: a length of material (of a band body 2) extending substantially from the first end to the second end (figure 1); and a cover (outer cover element of 2) surrounding the length of material (the interior of 2), the cover (of 2) comprising: a securing portion (teeth 3 proximal to element 6) disposed proximal to the second end (figure 1), and a mating portion (teeth 3 on the distal first end) disposed proximal to the first end (figure 1) and configured to reversibly mate with the securing portion (see figure 1).
Mori does not explicitly disclose the length of material (2) comprising: a generally arcuate cross-sectional shape when viewed along its longitudinal axis when the multi-modal fastener adopts a first stable resting configuration that is generally planar from the first end to the second end, and a generally linear cross-sectional shape when viewed along its longitudinal axis when the multi-modal fastener adopts a second stable resting configuration that is non-planar from the first end to the second end.
Seo (US 9,668,550) teaches a fastener (2) including a band body (1) comprising a length of material (3) comprising a generally arcuate cross-sectional shape (see figure 7) when viewed along its longitudinal axis when the multi-modal fastener adopts a first stable resting configuration (see figure 10A) that is generally planar from the first end to the second end (figure 10A), and a generally linear cross-sectional shape (the cross-section in the width direction of the material 3 may be flat; see column 10, lines 43 - 46) when viewed along its longitudinal axis when the multi-modal fastener adopts a second stable resting configuration (see figure 10B) that is non-planar from the first end to the second end (figure 10B). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fastener of Mori to comprise a bistable spring length material as taught by Seo in order to reinforce the band body in a flat state and to provide elasticity in a direction of bending in a bent state.
Regarding claim 2, the combination of Mori and Seo teaches the multi-modal fastener of claim 1, Mori further discloses wherein the securing portion (3 close to the guide 6) and the mating portion (3 on the distal end of the band) are separated by a substantially maximum distance when the fastener is in the first resting configuration (when the band body is flat).
Regarding claim 4, the combination of Mori and Seo teaches the multi-modal fastener of claim 1, Mori further discloses wherein the securing portion (3 close to 6) comprises at least one securing feature (toothed end) configured to reversibly mate with the mating portion (teeth 3 on the other end).
Regarding claim 5, the combination of Mori and Seo teaches the multi-modal fastener of claim 4, Mori further discloses wherein the at least one securing feature includes at least one tooth (see figure 1).
Regarding claim 6, the combination of Mori and Seo teaches the multi-modal fastener of claim 1, Mori further discloses wherein the mating portion (3 on the distal first end) comprises at least one mating feature (toothed end) configured to reversibly mate with the securing portion (teeth 3 proximal to the guide 6).
Regarding claim 7, the combination of Mori and Seo teaches the multi-modal fastener of claim 6, Mori further discloses wherein the at least one mating feature comprises at least one locking pawl (a tooth 3 beyond the guide 6 can be considered a pawl with the guide 6 acting as head portion for the band body to pass and engage with said pawl).
Regarding claim 8, the combination of Mori and Seo teaches the multi-modal fastener of claim 1, Mori further discloses wherein the securing portion (teeth 3 proximal to the guide 6) comprises at least one securing tooth (toothed end), and wherein the mating portion (teeth 3 on the distal first end) comprises at least one locking pawl (a tooth 3 on the distal end) configured to reversibly mate with the at least one securing tooth (that is beyond the guide 6).
Regarding claim 11, the combination of Mori and Seo teaches the multi-modal fastener of claim 1, Mori further discloses wherein the securing portion (teeth 3 proximal to the guide 6) is disposed on a first face (of the band body 2) and wherein the mating portion (teeth 3 on the distal first end) is disposed on a second face (on a different portion of the band body 2).
Regarding claim 17, the combination of Mori and Seo teaches the multi-modal fastener of claim 1 further comprising a handle (7) associated with the length of material.
Regarding claim 18, the combination of Mori and Seo teaches the multi-modal fastener of claim 1 except for wherein the length of material further comprises a throughhole disposed therethrough. The examiner takes Official Notice that it is well known in the tie/band fastener art that a punched hole can be provided for the purpose of mounting the tie to be secured. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the fastener of the combination of Mori and Seo to include a throughhole on the length of material (2; where element 7 is present) so that the band fastener can be secured and/or fastened to another object.
Regarding claim 19, the combination of Mori and Seo teaches the multi-modal fastener of claim 1, [wherein the fastener is configured to reversibly mate with a mount (can be fastened or mounted to another structure)].
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the fastener, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the band taught by the combination of Mori (US 2007/0028425) and Seo et al. (US 9,668,550), is indeed capable of the intended use statements. Note that 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.
Regarding claim 20, the combination of Mori and Seo teaches the multi-modal fastener of claim 19, [wherein the mount is configured to reversibly mate with a plurality of fasteners].
Regarding claim 21, the combination of Mori and Seo teaches the multi-modal fastener of claim 1 further comprising a writable surface (on the exterior surface of the band body 2; it is further noted that Seo also teaches a writable surface on the flat surface of the device 2).
Regarding claims 22, 23 and 25, the combination of Mori and Seo teaches the multi-modal fastener of claim 4 or claim 6 except for wherein the securing feature comprises a self-fusing material and wherein the self-fusing material is a repositionable self-fusing material.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to consider a plastic that is self-fusing (when heat is applied), since it has been held to be within the general skill of a worker in the art to select a known (commercially available) material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 24, the combination of Mori and Seo teaches the multi-modal fastener of claim 1. Seo further teaches wherein the length of material (3) comprises a bistable spring material having a generally arcuate cross-sectional shape when viewed along its longitudinal axis (see figure 7). The combination does not expressly teach the spring material is spring steel. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to consider a spring steel material, since it has been held to be within the general skill of a worker in the art to select a known (commercially available) material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments filed November 12, 2025 have been fully considered but they are not persuasive. Applicant has argued that combining the teachings of Mori and Seo would not result in the claimed invention because Seo teaches additional components covering the bistable spring (3) and therefore destroying the purpose of Seo when combined with Mori. The argument is found not persuasive because the teaching reference by Seo was considered for the bistable spring element to be included in a length of material disclosed by the primary reference of Mori. In other words, Mori discloses a fastener having a length of material and a cover including the claimed components except for the bi-stable spring shape features; however, Seo teaches a fastener band having said bistable spring features that were considered for combining to reinforce the band body in a flat state and to provide elasticity in a direction of bending into a bent state. Further, it is noted that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677