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 .
Drawings
The drawings are objected to because figures 10-25 are photographs not of sufficient quality (contain no numeral references) so that the details are reproducible in a printed patent. Further, it is noted that photographs are not ordinarily permitted in utility and design patent applications (the Office will accept photographs if they are the only practicable medium for illustrating the claimed invention). 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.
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 amended features of claim 14 wherein “the first female part is supported by the first support portion via the first opening, the second female part is supported by the second support portion via the second opening, and the first female part is interposed between the first support portion and the second female part” 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 8-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, the limitation “a support portion” (lines 3-4) was not originally disclosed and the male part (110) was disclosed as comprising three specific structural elements: a vertical base (122), a horizontal extension (118) protruding outwardly from the vertical base and a vertical extension (120) projecting upwardly from the end of the horizontal extension (paragraphs [0046]-[0047], figures 4A-4G and 8A-8G). The term “support portion” in claim 1 is broader and more generic than the specific “horizontal extension” structure in the original disclosure and therefore has been considered new matter not originally supported. Additionally, it is noted that the “support portion” may encompass other support structures not described in the original specification. Therefore, the disclosure has failed to provide support or demonstrated possession of the claimed ‘support portion’. Claims 2-5 and 8-13 depend from claim 1 and therefore are also rejected under this section. Regarding claim 14, the same reasoning is applied to “a first support portion” (line 4) and “a second support portion” (line 4) with respect to the rejection of claim 1 concerning new matter issue(s). Additionally, the original disclosure has failed to provide support for “the first female part is supported by the first support portion via the first opening, the second female part is supported by the second support portion via the second opening, and the first female part is interposed between the first support portion and the second female part” in claim 14. Claims 15-20 depend from claim 14 and therefore are also rejected under this section.
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.
Claim(s) 1-3, 9, 10 and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akerson et al., US 2018/0064178.
Regarding claim 1, Akerson discloses a three-part clasp [for a pumping garment (100) for hands-free pumping], the three-part clasp comprising: a male part (having hooks 108 as illustrated in figure 6; alternatively, see an annotated figure 3 below for assignment of the male part) attached to a shoulder strap (110) of the pumping garment (100) including a support portion (see the annotated figure 3); a first female part (see the annotated figure 3; 114) having a body with a first opening (124; see an annotated figure 5A below), the first female part (114; see the annotated figure 3) attached to an inner layer (121) of the pumping garment (100) by an inner layer aperture (125; see the annotated figure 5A) of the body (see paragraph [0051] for disclosure of the clip 114 comprising a slot for attaching another layer with the shoulder strap), the inner layer (121) including an aperture (120) [for insertion of a breast pump flange]; and a second female part (116; see the annotated figure 3 below) having a second opening (124 of 116; see the annotated figure 5A), the second female part (116; see the annotated figure 3) attached to an outer layer (122) of the pumping garment (100) by an outer layer aperture (125; see the “layer aperture” in the annotated figure 5A and paragraph [0051] for disclosure of the slot for attaching to a layer of the pumping garment 100); in a doubly fastened configuration (when the second clip 116 is configured to attach the outer layer 122 to the inner layer 121 onto “the same clasp” that the clip 114 is attached to as shown in the figure 3 and as disclosed in paragraph [0058] wherein “the hook 108 on the clasp 106 is configured to attach the outer layer 122 … and the second clip 116 is configured to attach the inner layer 123 with the hook 108 on another clasp 106, or onto the same clasp, wherein the inner layer 123 and the outer layer 122 can be opened by means of first clip 114 and second clip 116 attached to the respective layer” on the same clasp 106), the first female part (114) connected to the male part (see the annotated figure 3), the second female part (116) connected to the male part (same hook 108 of the clasp 106 on the layer 123), and the first female part (114; see the annotated figure 3) and the second female part (116; see the annotated figure 3) arranged side-by-side (from a side angle when both ‘parts’ 114, 116 are on the support portion), the body of the first female part (114) having an offset distance (when the parts 114 and 116 are in the doubly fastened configuration) incorporated into a length between the first opening (124 of 114) and the inner layer aperture (125 of 114) such that the inner layer aperture (125 of 114) is located below (when the aperture 125 of 116 is on top of the aperture 125 of 114) the outer layer aperture (125 of 116) of the second female part (116) by the offset distance (when in the doubly configuration) when the first female part (114) and the second female part (116) are arranged side-by-side in the doubly fastened configuration (when in the doubly configuration, the respective apertures of the first and second parts 114, 116 are offset as claimed), wherein, in the doubly fastened configuration, the first opening (124 of 114) and the second opening (124 of 116) are both supported on the support portion (see the annotated figure 3; when both parts are attached to the same clasp 106 having the hook 108).
PNG
media_image1.png
811
585
media_image1.png
Greyscale
PNG
media_image2.png
454
420
media_image2.png
Greyscale
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 clasp, 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 clasp disclosed by Akerson et al. (US 2018/0064178), 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 2, Akerson discloses the three-part clasp of claim 1, the male part (see the annotated figure 3) including a vertical base (comprising the hook 108; see the annotated figure 5A), a horizontal extension (see the annotated figure 5A) protruding outwardly from the vertical base to an end (see the annotated figure 5A), and a vertical extension (see the annotated figure 5A) projecting upwardly from the end of the horizontal extension (see the annotated figure 5A), wherein the horizontal extension is the support portion (see the annotated figure 5A); the first female part (114) including the first opening (124 of 114) adapted to selectively hang on the horizontal extension (on 108) of the male part (see the annotated figure 3); and the second female part (116) including the second opening (124 of 116) adapted to selectively hang on the horizontal extension (on 108) of the male part (when in the doubly configuration with the “same clasp” as disclosed in paragraph [0058]).
Regarding claim 3, Akerson discloses the three-part clasp of claim 2, the first female part (114) having a first width, the second female part (116) having a second width, and a distance between the vertical base and the vertical extension along the horizontal extension of the male part (see the annotated figure 3) being equal to or greater than the sum of the first width and the second width (so that the first and second female parts 114, 116 can be hooked onto the extension 108 of the male part as disclosed in paragraph [0058]).
Regarding claim 9, Akerson discloses the three-part clasp of claim 2, the first opening (124 of 114) having a first internal perimeter, the second opening (124 of 116) having a second internal perimeter, and the first internal perimeter being identical to the second internal perimeter (so that the parts 114 and 116 can be hooked onto the extension 108 of the male part).
Regarding claim 10, Akerson discloses the three-part clasp of claim 2, the first female part (114) including a first external perimeter (top portion) including a first upper portion partially surrounding the first opening (124), and the second female part (116) including a second external perimeter (top portion) including a second upper portion partially surrounding the second opening (124), the first upper portion being identical to the second upper portion (for fastening to extension 108 of the male part).
Regarding claim 14, Akerson discloses a three-part clasp [for a pumping garment for hands-free pumping], the three-part clasp comprising: a male part (see the annotated figure 3) attached to a shoulder strap (110) of the pumping garment (100) including a first support portion (the ‘horizontal extension’ in the annotated figure 5A) and a second support portion (the ‘vertical extension’ in the annotated figure 5A) connected to the first support portion (figure 3); a first female part (114) having a first opening (124), the first female part (114) attached to an inner layer (122) of the pumping garment (100), the inner layer (122) including an aperture (120) [for insertion of a breast pump flange]; a second female part (116) having a second opening (124), the second female part (116) attached to an outer layer (122) of the pumping garment (100); in a doubly fastened configuration (see paragraph [0058]), the first female part (114) is supported by the first support portion (on 108) via the first opening (124 of 114), the second female part (116) is supported by the second support portion (the vertical extension of the clasp 106 on the male ‘part’) via the second opening (124 of 116), and the first female part (114) is interposed between the first support portion (the horizontal extension) and the second female part (116).
the first female part (114) connected to the male part (see the annotated figure 3) by the first opening (124), the second female part (116) connected to the male part (see paragraph [0058]) by the second opening (124), and the second female part (116) configured to be stacked upon the first female part (114).
Regarding claim 15, Akerson discloses the three-part clasp of claim 14, the male part (see the annotated figure 3) including a vertical base (see the annotated figure 5A), a horizontal extension (see the annotated figure 5A) protruding outwardly from the vertical base to an end (see the annotated figure 5A), and a vertical extension (see the annotated figure 5A) projecting upwardly from the end of the horizontal extension (see the annotated figure 5A), wherein the horizontal extension is the first support portion (see the annotated figure 5A) and the vertical extension is the second support portion (see the annotated figure 5A); the first female part (114) including the first opening (124 of 114) adapted to selectively hang on the horizontal extension (108) of the male part (see the annotated figure 3); and the second female part (116) including the second opening (124 of 116) adapted to selectively hang on the horizontal extension (see the annotated figure 5A) of the male part (see paragraph [0058]).
Regarding claim 16, Akerson discloses the three-part clasp of claim 15, the first female part (114) having a first width, the second female part (116) having a second width, and a distance between the vertical base and the vertical extension along the horizontal extension (108) of the male part being equal to or greater than the sum of the first width and the second width (so that the first and second female parts 114, 116 can be hooked onto the same extension 108 of the male part as disclosed in paragraph [0058]).
Regarding claim 17, Akerson discloses the three-part clasp of claim 14, the first female part (114) including an inner layer aperture (a slot; see the annotated figure 5A), the second female part (116) including an outer layer aperture (a slot of 116; see the annotated figure 5A), and the inner layer aperture offset from the outer layer aperture in the doubly fastened configuration (the parts can be offset from being side-by-side as recited in claim 1 or further interpreted as being fastened to the extension 108 as shown in figure 6).
Regarding claim 18, Akerson discloses the three-part clasp of claim 17, the inner layer aperture (124) located an offset distance below the outer layer aperture (124) in the doubly fastened configuration (when the strap 110 is mounted on a shoulder with the clasp 106 having the hook 108 inclined on said strap 110).
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.
Claims 4, 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Akerson et al., US 2018/0064178.
Regarding claim 4, Akerson discloses the three-part clasp of claim 2 except for the horizontal extension (of 108) protruding upwardly from the vertical base at an angle between 95 and 105 degrees. The examiner takes Official Notice that it is known to have the horizontal extension of the male part to be tilted so that a hook will less likely to slide off said extension. 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 male part of Akerson so that the horizontal extension (see the annotated figure 5A) is protruding upwardly from the vertical base at an angle above 90 degrees since it is well known in the art to tilt the horizontal feature so that a hook can be less likely to slide off.
Regarding claim 8, Akerson discloses the three-part clasp of claim 1 except for the offset distance being greater than 7 millimeters. 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 an offset distance greater than 7mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 20, Akerson discloses the three-part clasp of claim 15 except for the horizontal extension (of 108) protruding upwardly from the vertical base at an angle between 95 and 105 degrees. The examiner takes Official Notice that it is known to have the horizontal extension of the male part to be tilted so that a hook will less likely to slide off said extension. 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 male part of Akerson so that the horizontal extension (108) is protruding upwardly from the vertical base at an angle above 90 degrees since it is well known in the art to tilt the horizontal feature so that a hook can be less likely to slide off.
Claims 5, 11-13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Akerson et al., US 2018/0064178 in view of Fildan et al., US 2008/0003921.
Regarding claim 5, Akerson discloses the three-part clasp of claim 2 except for wherein the first female part (114) includes a protrusion to secure the first female part (114) on the male part (see the annotated figure 3). Fildan teaches a closure wherein the female part includes a protrusion (38) to secure the female part (30) to the male part (10). 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 female part of Akerson to each include a resilient tab as taught by Fildan in order to improve the fit of said female part to the male part of the clasp.
Regarding claim 11, Akerson discloses the three-part clasp of claim 2 except for the first female part including a first depressed surface partially surrounding the first opening and a first raised surface surrounding the first depressed surface, and the second female part including a second depressed surface partially surrounding the second opening and a second raised surface surrounding the second depressed surface, the first depressed surface and the first raised surface being complementary in size and shape to the second depressed surface and the second raised surface. Fildan teaches a closure wherein the female part (30) includes a depressed surface (36) partially surrounding the opening (37) and a raised surface (of the part 30 having limbs 31 and 32) surrounding the depressed surface (36). 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 female parts of Akerson to include a depressed surface and a raised surface as taught by Fildan resulting in the first depressed surface and the first raised surface being complementary in size and shape to the second depressed surface and the second raised surface of the female parts in order to provide an improved fit of said female parts to the male part of the clasp.
Regarding claim 12, Akerson discloses the three-part clasp of claim 2 except for the first female part including a first resilient tab adjacent the first opening, and the second female part including a second resilient tab adjacent the second opening. Fildan teaches the female part includes a resilient tab (38) adjacent the first opening (37). 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 female parts of Akerson to each include a resilient tab as taught by Fildan in order to improve the fit of said female parts to the male part of the clasp.
Regarding claim 13, the combination of Akerson and Fildan teaches the three-part clasp of claim 12. The combination further teaches the first resilient tab being complementary in size and shape to the second resilient tab.
Regarding claim 19, Akerson discloses the three-part clasp of claim 15 except for the first female part including a first resilient tab adjacent the first opening, and the second female part including a second resilient tab adjacent the second opening. Fildan teaches the female part includes a resilient tab 38 adjacent the first opening (37). 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 female parts of Akerson to each include a resilient tab as taught by Fildan in order to improve the fit of said female parts to the male part of the clasp.
Response to Arguments
Applicant's arguments filed January 8, 2026 and March 27, 2026 have been fully considered but they are not persuasive.
Claims 1 and 14 have been amended to further include “a support portion” or “a first support portion” and “a second support portion” for the female parts to be attached thereto. Said amendment have necessitated a new ground of rejection as set forth above under 35 U.S.C. §112, §102 and §103. The rejection under §102 & 103 was reconsidered and further reinterpreted to meet the amended claims wherein the male “part” further includes a “portion” as required by the amended claims.
Examiner’s assertion of official notice from the Office Action Mailed September 8, 2025 (page 11) with regards to an angled horizontal extension to prevent a hook from sliding off is now taken to be admitted prior art due to Applicant's failure to traverse said official notice (see MPEP § 2144.03).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
Prosecution Insights