DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 14 November 2025 has been entered.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bortolotto (US 2016/0157538).
Regarding claim 1, discloses an apparatus comprising:
a strap (10) of elastic material (Paragraph 21, line 22), said strap having, a first end and a second end (Fig. 1 as shown), and
two fastening means (12), said two fastening means removably attachable (Figs. 4a-4c show wherein 22 is open to allow interchangeability as shown and described in Paragraph 24, lines 1-8) to said strap, and said two fastening means capable of secure attachment to two garments (the jaws as shown in Fig. 3 are capable of attaching to more than one item),
wherein said strap may secure two garments when a fastening means of said two fastening means is attached to a first end of said strap and to a garment and another fastening means of said two fastening means is attached to a second end of said strap and to another garment (Fig. 1 shows wherein both ends are attached to two different sides of a garment, the device would further be capable of securing two separate garments) and
wherein said strap secures said two garments in a preferred fashion (the device as shown in Fig. 1 would be capable of securing garments in a preferred manner).
Regarding claim 2, Bortolotto further discloses wherein said strap is adjustable in length (via 14).
Regarding claim 3, Bortolotto further discloses wherein said fastening means comprises one of a hook, a clamp, a clasp, a plurality of jaws, a plurality of plates, a plurality of closeable flanges, and a friction element (Fig. 3 as shown).
Regarding claim 4, Bortolotto further discloses wherein said fastening means is biased in a closed position (the cam styled clip shown in Fig. 3 is biased to a closed position when the lever is positioned to the locked position).
Regarding claim 5, Bortolotto further discloses wherein said strap further comprises a ring (end of strap 10 is shown looped in a ring form about an end of connection component 20) and said two fastening means comprises a hook (20), wherein said hook attaches to said ring (Fig. 1 as shown).
Response to Arguments
Applicant's arguments filed 14 November 2025 have been fully considered but they are not persuasive. Applicant has argued that Bortolotto fails two disclose attachment to different garments. The claim language currently only uses phrases like “capable of secure attachment to two garments,” “may secure two garments.” These phrases are still considered to be functional limitations wherein the device is still capable of being used in the claimed manner. The two separate garments do not appear to be positively claimed as yet. However, please refer to the newly included reference that appear to address issues of using similar devices with two separate garments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677