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 .
This is a final Office action responsive to the reply filed on 11/20/2025.
Claims 1-3 have been amended.
Claims 1-13 are pending.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10, line 5 “a pair of the monofilaments” should be - - a pair of monofilaments - -.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 1, 2 and 4-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (US Patent No. 6,497,015), in view of Selwyn (US Publication No. 2017/0029663 cited by applicant, and Jyogan et al. (US Publication No. 2021/0196010).
Regarding claim 1, Kato et al. discloses a fastener chain comprising:
a pair of tapes that are opposite to each other in a width direction and are made of fibers (see annotated Fig. 5, and Col. 6, line 66);
a pair of element rows that are separately fixed to opposite side edge portions on back surfaces of front surfaces and the back surfaces of the pair of tapes and are in an engaged state (see annotated Fig. 5); and
wherein each of the tapes is a woven object or a knitted object (see annotated Fig. 5, and Col. 6, line 66).
Kato et al. does not disclose an organic polymer and a non-fluorine-based water repellent component adhere to the pair of tapes in a state of entering an inside thereof from the front surfaces to the back surfaces of the tapes,
wherein the organic polymer and the non-fluorine-based water repellent component do not substantially adhere to the element rows through a gap between the pair of tapes.
However, Selwyn teaches an organic polymer (see paragraph [0010]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the organic polymer inside the pair of woven tapes from Kato in order to make the fabric hydrophilic as taught by Selwyn.
Also, Jyogan et al. teaches a non-fluorine-based water repellent component adhere to the pair of tapes in a state of entering an inside thereof (see abstract).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add organic polymer and non-fluorine- based water repellent component to the fastener chain from Kato, in order to lower the water repellent property.
It would have been obvious that adhering the organic polymer and the non-fluorine- based water repellent component to any surfaces of the fastener chain, such as the front surfaces and the back surfaces of the tapes and not the element rows, is a matter of a person of ordinary skill in the art to appropriately set for the application of the fastener chain, for the user application being used.
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Regarding claim 2, Kato et al. discloses a fastener chain comprising:
a pair of tapes that are opposite to each other in a width direction and are made of fibers (see annotated Fig. 5, and Col. 6, line 66);
a pair of element rows that are separately fixed to opposite side edge portions on back surfaces of front surfaces and the back surfaces of the pair of tapes and are in an engaged state (see annotated Fig. 5); and
wherein each of the tapes is a woven object or a knitted object (see annotated Fig. 5, and Col. 6, line 66).
Kato et al. does not disclose an organic polymer and a non-fluorine-based water repellent component adhere to the pair of tapes in a state of entering an inside thereof,
wherein an adhesion amount of the non-fluorine-based water repellent component on the element rows is less than 0.14% of an adhesion amount of the non-fluorine-based water repellent component on the tapes on a weight ratio basis.
However, Selwyn teaches an organic polymer (see paragraph [0010]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the organic polymer inside the pair of woven tapes from Kato in order to make the fabric hydrophilic as taught by Selwyn.
Also, Jyogan et al. teaches the non-fluorine-based water repellent component adhere to the pair of tapes in a state of entering an inside thereof, and wherein an adhesion amount of the non-fluorine-based water repellent component on the element rows is less than 0.14% of an adhesion amount of the non-fluorine-based water repellent component on the tapes on a weight ratio basis (see abstract and paragraph [0051]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add organic polymer and non-fluorine- based water repellent component to the fastener chain from Kato, in order to lower the water repellent property.
Regarding claim 4, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses, wherein the organic polymer and the non-fluorine-based water repellent component adhere to core strings that extend along the side edge portions of the tapes by following sewing threads that fix the pair of element rows to the tapes (see annotated Fig. 5).
Regarding claim 5, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses the claimed invention except for an adhesion amount on a back surface side of the tape is smaller than that on a front surface side. It would have been an obvious setting the amount of adhesion on the surface sides is a matter for a person of ordinary skill in the art to appropriately set for the application of the fastener chain, in order to be used on an article.
Regarding claim 6, combination Kato et al., in view of Selwyn, and Jyogan et al. discloses the claimed invention except for an adhesion amount on the pair of tapes per surface area is 9 g/m² to 22.5 g/m². It would have been obvious to one having ordinary skill in the art at the time the invention was made to an adhesion amount on the pair of tapes per surface area is 9 g/m² to 22.5 g/m², 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. In order to have the proper adhesion amount on the fastener chain that will perform as intendent.
Regarding claim 7, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses, wherein in addition to the pair of tapes, the organic polymer and the non-fluorine- based water repellent component adhere to an installation region installed onto the tape among surfaces facing a side of the tape, which are front surfaces of the pair of element rows, in a state of permeating from the inside of the pair of tapes (see annotated Fig. 5).
Regarding claim 8, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses the claimed invention except for adhere to the pair of tapes other than the back surfaces. It would be obvious that adhering to any surface of the fastener chain is a matter for a person of ordinary skill in the art to appropriately set for the application of the fastener chain, in order to be used on an article.
Regarding claim 9, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses the claimed invention except for not adhere to the pair of element rows. It would have been obvious that not to adhere to the pair of element rows is a matter of a person of ordinary skill in the art to appropriately set for the application of the fastener chain, in order to be used on an article.
Regarding claim 10, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses, wherein the element row is a monofilament extending in a longitudinal direction of the core string in a state of being entangled with the core string, and wherein the organic polymer and the non-fluorine-based water repellent component adhere to the core string in a state of permeating from front surfaces of a pair of the monofilaments in addition to the pair of tapes and the pair of monofilaments (see Fig. 1, and annotated Fig. 5 from Kato et al.).
Regarding claim 11, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses the claimed invention except for an adhesion amount on the core string is smaller than that on a back surface side of the tape on a weight ratio basis. It would have been an obvious setting that the amount of adhesion to the core string surface is a matter of a person of ordinary skill in the art to appropriately set for the application of the fastener chain, in order to be used on an article.
Regarding claim 12, the combination Kato et al., in view of Selwyn, and Jyogan et al. discloses, wherein the non-fluorine-based water repellent component is a silicone oil-based component (see paragraph [0005] from Jyogan).
Regarding claim 13, Kato et al. discloses a slide fastener comprising:
the fastener chain (see Fig. 1); and
a slider attached to the pair of element rows of the fastener chain (see annotated Fig. 5).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (US Patent No. 6,497,015), in view of Selwyn (US Publication No. 2017/0029663 cited by applicant, Jyogan et al. (US Publication No. 2021/0196010), and Honna (US Publication No. 2003/0157852).
Regarding claim 3, Kato et al. discloses a fastener chain comprising:
a pair of tapes that are opposite to each other in a width direction and are made of fibers (see annotated Fig. 5, and Col. 6, line 66);
a pair of element rows that are separately fixed to opposite side edge portions on back surfaces of front surfaces and the back surfaces of the pair of tapes and are in an engaged state (see annotated Fig. 5); and
wherein each of the tapes is a woven object or a knitted object (see annotated Fig. 5, and Col. 6, line 66).
Kato et al. does not disclose an organic polymer and a non-fluorine-based water repellent component adhere to the pair of tapes in a state of entering an inside thereof,
wherein an adhesion amount of the organic polymer and the non-fluorine-based water repellent component on the tapes is an amount in which a maximum load measured such that a width of one of the tapes is 16 mm and a length in a longitudinal direction of a portion to be a loop portion in a loop compression method is 80 mm is 0.1 N or less in a flexibility test method according to a C method (the loop compression method) of 8.22.3 of JIS-L-1096: 2010; and
However, Selwyn teaches an organic polymer (see paragraph [0010]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the organic polymer inside the pair of woven tapes from Kato in order to make the fabric hydrophilic as taught by Selwyn.
Jyogan et al. teaches a non-fluorine-based water repellent component adhere to the pair of tapes in a state of entering an inside thereof (see abstract).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add organic polymer and non-fluorine- based water repellent component to the fastener chain from Kato, in order to lower the water repellent property.
It would have been an obvious matter of design choice to have a width of one of the tapes is 16 mm and a length in a longitudinal direction of a portion to be a loop portion in is 80 mm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner V. TEC 220 USPQ 777 (Fed. Cir. 1984). It is obvious to have different tapes size for different data test result.
Also, Honna teaches a maximum load is 0.1 N or less in a flexibility test method according to a C method (the loop compression method) of 8.22.3 of JIS-L- 1096:2010. (see paragraph [0096]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to do a compression test on the fastener chain of Kato, in order to measure the flexibility or softness of the fabric tape.
Response to Arguments
Applicant’s arguments, see pages 6 and 7, filed 11/20/2025, with respect to the rejection(s) of claims 1-3 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kato et al., in view of Selwyn, and Jyogan et al. Kato et al. discloses each of the tapes is a woven object. Selwyn, and Jyogan et al. teaches an organic polymer and a non-fluorine-based water repellent component adhere to the pair of tapes in a state of entering an inside of the tapes.
Examiner’s Comment
In view of applicant’s amendments to the claims submitted in the reply filed on 11/20/2025, the claim rejections under 35 USC § 112 indicated in the prior Office action have been withdrawn.
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 LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677