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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 16, 2026 has been entered.
Claim Objections
Claims 26, 35, 38, and 39 are objected to because of the following informalities: the recitations “the each rib” should be replaced with -- each rib --. Appropriate correction is required.
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) 26, 27, 29-31, and 38-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizumoto, US 10,064,453.
Regarding claim 26, Mizumoto discloses a fastener comprising: a base (10); a plurality of hooks (30) extending from the base (10), the plurality of hooks (30) defining a longitudinal row of hooks (see figure 1; array of hooks 30), adjacent hooks (30) of the longitudinal row of hooks (30) spaced apart (figure 1) by a spacing interval (the predetermined mounting pitch in the longitudinal direction) measured between centerlines of the adjacent hooks (30), the adjacent hooks (30) defining a hook-receiving area therebetween (a flat surface is formed between the hooks 30 arranged at a predetermined mounting pitch in the longitudinal direction), [the hook-receiving area sized to receive a corresponding hook of a plurality of hooks of another fastener (the hook geometry can self-engage with an identical hook structure]; and a plurality of ribs (24) extending from the base (10), the plurality of ribs (24) defining two longitudinal rows of ribs (the innermost longitudinal wall sections 21 of the left and right wall sections 20; figure 1), adjacent ribs (24) of each of the two longitudinal rows of ribs (24) spaced apart by a spacing interval (figure 1) measured between centerlines of the adjacent ribs (“the wall section 21 of each row comprises a plurality of longitudinal walls 24 intermittently arranged at a predetermined mounting pitch in the longitudinal section”), the adjacent ribs (24) defining a rib-receiving area therebetween (28), the longitudinal row of hooks (30) positioned in a lateral direction between the two longitudinal rows of ribs (24), [the rib-receiving area sized to receive a corresponding rib of a plurality of ribs of another fastener]; and a spacer (the flat region of the base 10 extending in the width direction between the first row wall section 21a and the outermost row of hooks 30; see the lateral wall sections 50 spanning at spaced intervals between the adjacent hooks 30 to the second row longitudinal wall section 21b) positioned between the longitudinal row of hooks (30) and at least one longitudinal row of ribs (21) of the two longitudinal rows of ribs (24), lateral sides of the plurality of hooks (30) of the longitudinal row of hooks (30) offset in the lateral direction (spacing laterally in the width direction) from directly facing lateral sides of the plurality of ribs (24) of the at least one longitudinal row of ribs (the inner wall surface of each pillar portion 25, which faces the hooks 30 and is “configured in a positional relation parallel to “ the outer wall surface thereof) by a width of the spacer, wherein each rib (24) of the plurality of ribs (24) defines a substantially polygonal shape (figure 1) when viewed along the lateral direction of the fastener, and wherein a height of each rib (24) measured from the base (10) is equal to or greater than a height of each hook (30) of the plurality of hooks (30) measured from the base (10).
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 fastening tape disclosed by Mizumoto (US 10,064,453) or taught by the combination of Mizumoto and Fleming (US 2019/0090595), 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 27, Mizumoto discloses the fastener of claim 26, [wherein the plurality of ribs (24) are sized to be received within a plurality of rib-receiving areas defined by another fastener], [a shape of each of the plurality of rib-receiving areas as viewed along the lateral direction being an inverse of a shape of a corresponding rib of the plurality of ribs].
Regarding claim 29, Mizumoto discloses the fastener of claim 26, wherein the row of hooks (30) is a first row of hooks, the fastener further comprising a second row of hooks (30; see figure 1), the second row of hooks (30) offset in the lateral direction of the fastener from each of the first row of hooks (30), the first row of ribs (24), and the second row of ribs (24).
Regarding claim 30, Mizumoto discloses the fastener of claim 26, wherein the fastener (1) is monolithically formed from a plastic resin (“the molded fastener being integrally molded using a first resin composition and a second resin composition as materials”, each comprising a thermoplastic polyester).
Regarding claim 31, Mizumoto discloses the fastener of claim 26, wherein each rib (24) defines a flat facing surface (the planar front wall and the planar rear wall of the pillar portion 25), the facing surface being aligned with the lateral direction of the fastener (the front wall and the rear wall face in the longitudinal direction and extend in the width direction).
Regarding claim 38, Mizumoto discloses the fastener of claim 26, wherein each rib (24) defines flat facing surfaces (the front wall and the rear wall of 25) each of which extends along the lateral direction, and is symmetric about a vertical centerline thereof which extends in a vertical direction of the fastener (the inner wall surface and the outer wall surface of 25 “are configured in a positional relation parallel to each other,” and the front wall and the rear wall are equally inclined such that the pillar portion presents a trapezoidal shape), and wherein a minimum width of a tip of the each rib (24) in a longitudinal direction is equal to or less than a maximum width of a rib base of the each rib (24) in the longitudinal direction.
Regarding claim 39, Mizumoto discloses the fastener of claim 26, wherein each rib (24) defines a ratio of 1:1 between the height thereof and a height of the corresponding rib-receiving area (the gap 28 defined between ribs along the longitudinal direction extends the full standing height of the ribs 24 from the upper surface of 10 to the top surface portion 26, such that the depth of the rib-receiving area equals the height of the rib).
Regarding claim 40, Mizumoto discloses the fastener of claim 26, wherein in a same rib-hook-rib pattern, a center or line of symmetry of a hook (30) and centers or lines of symmetry of ribs (24) adjacent to the hook on both sides thereof in the lateral direction are aligned along the lateral direction of the fastener (the mounting pitch of each rib 24 is set to a value of ½ of the mounting pitch in the longitudinal direction of the hooks 30), the rib-hook-rib pattern defined by the fastener of the longitudinal row of hooks (30) being positioned in the lateral direction between the two longitudinal rows of ribs (24).
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) 7-9, 12-14, 28, and 35-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizumoto et al., US 10,064,453 in view of Fleming et al., US 2019/0090595.
Regarding claim 7, Mizumoto discloses a fastener (1) comprising: a base (10); a plurality of hooks (30, each hook 30 comprising a stem portion 31 and a hook-shaped engaging head 32) extending from the base (10), the plurality of hooks (30) defining a longitudinal row of hooks (see the array of hooks 30), adjacent hooks (30) of the longitudinal row of hooks (30) spaced apart by a spacing interval measured between centerlines of the adjacent hooks (see figure 1; the predetermined mounting pitch in the longitudinal direction), the adjacent hooks (30) defining a hook-receiving area therebetween (figure 1; “a flat surface is formed between the engaging elements 30 arranged at a predetermined mounting pitch in the longitudinal direction”), [the hook-receiving area sized to receive a corresponding hook of a plurality of hooks of another fastener (a hook geometry which can self-engage with an identical hook structure)]; and a plurality of ribs (24) extending from the base (10), the plurality of ribs (24) defining two longitudinal rows (the innermost wall sections 21 of the left and right protective wall sections 20, respectively; figure 1) of ribs (24), adjacent ribs (24) of each of the two longitudinal rows of ribs (24) spaced apart by a spacing interval (arranged at a predetermined mounting pitch in the longitudinal direction; figure 1) measured between centerlines of the adjacent ribs (24), the adjacent ribs (24) defining a rib-receiving area therebetween (28), the longitudinal row of hooks (30) positioned in a lateral direction between the two longitudinal rows of ribs (24), [the rib-receiving area sized to receive a corresponding rib of a plurality of ribs of another fastener;] wherein the plurality of hooks (30) of the row of hooks are offset in a longitudinal direction from a position of a closest adjacent rib (24) of an adjacent row of ribs (24), wherein each rib (24) of the plurality of ribs (24) defines a substantially polygonal shape (figure 1; the pillar portion 25 presents a substantial trapezoidal shape when viewed from the left and right side wall surface sides) when viewed along the lateral direction of the fastener, and wherein a height of each rib (24) measured from the base (10) is equal to or greater than a height of each hook (30) of the plurality of hooks (30) measured from the base (10).
Mizuno does not explicitly disclose wherein the plurality of hooks (30) of the row of hooks are offset in a longitudinal direction from a position of a closest adjacent hook of an adjacent row of hooks (30).
Fleming teaches a fastening tape (100) comprising a base (100); a plurality of hook rows (146) extending in a longitudinal direction (104), each hook row (146) comprising a plurality of hooks (108), wherein the hooks (108) of one hook row (146) are offset in the longitudinal direction (104) from a position of a closest adjacent hook (108) of an adjacent hook row (see the staggered arrangement of hooks 108 in figure 1; paragraph [0020] states “they need not be” for the hook rows to be aligned).
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 arrangement of Mizuno’s hooks (30) such that the hooks of one row are offset from the closest adjacent hook of an adjacent row in the longitudinal direction as taught by Fleming, in order to distribute the hooks more uniformly over the hook formed region and thereby obtain a more uniform coupling force.
Regarding claim 8, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Mizumoto further discloses wherein the plurality of ribs (24) [are sized to be received within a plurality of rib-receiving areas defined by another fastener], [a shape of each of the plurality of rib-receiving areas as viewed along the lateral direction being an inverse of a shape of a corresponding rib of the plurality of ribs].
Regarding claim 9, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Fleming further teaches wherein a rib-hook-rib pattern defined by the fastener of the longitudinal row of hooks (146) being positioned in the lateral direction (106) between the two longitudinal rows of ribs (144) is repeated as a repeat pattern at least once in the lateral direction (106) of the fastener (see figure 4; a plurality of rib rows 144 laterally adjacent to one another). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to repeat Mizumoto’s rib-hook-rib arrangement across the width direction of the base (10), as taught by Fleming, in order to distribute the wall structures through the hooks formed region and thereby further improve flexibility of the molded surface fastener.
Regarding claim 12, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Mizumoto further discloses wherein the row of hooks (30) is a first row of hooks (along one row), the fastener further comprising a second row of hooks (30), the second row of hooks (another row of hooks) offset in the lateral direction of the fastener (see figure 1) from each of the first row of hooks (30), the first row of ribs (24 of the left side wall section 21), and the second row of ribs (24 of the right side wall section 21).
Regarding claim 13, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Mizumoto further discloses wherein the fastener (1) is monolithically formed from a plastic resin (“the molded fastener being integrally molded using a first resin composition and a second resin composition as materials”, each comprising a thermoplastic polyester).
Regarding claim 14, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Mizumoto further discloses wherein each rib (24) defines a flat facing surface (the planar front wall and the planar real wall of the pillar portion 25), the facing surface being aligned with the lateral direction of the fastener (the front wall and the rear wall face in the longitudinal direction and extend in the lateral direction).
Regarding claim 28, Mizumoto discloses the fastener of claim 26, including a longitudinal row of hooks (30) positioned in the lateral direction between two longitudinal rows of ribs (24), thereby defining a rib-hook-rib pattern.
Mizumoto does not explicitly disclose a rib-hook-rib pattern defined by the fastener of the longitudinal row of hooks (30) being positioned in the lateral direction between the two longitudinal rows of ribs (24) is repeated as a repeat pattern at least once in the lateral direction of the fastener.
Fleming teaches a fastening tape (100) comprising a base (102); a plurality of hook rows (146) extending in a longitudinal direction (104) of the base, each hook row comprising a plurality of hooks (108) projecting from the base; and a plurality of rib rows (144) extending in the longitudinal direction (104), each rib row (144) comprising a plurality of ribs (126) projecting from the base; wherein a rib-hook-rib pattern defined by a hook row (146) positioned in the lateral direction (106) between two rib rows (144) is repeated as a repeat pattern at least once in the lateral direction of the fastening tape. 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 Mizumoto’s base (10) such that the rib-hook-rib arrangement of hooks positioned in the width direction between two rows of ribs is repeated at least once across the width direction as taught by Fleming, in order to distribute the rib structures through the hooks formed region rather than confining them to the lateral end portions of the base, and thereby further improve the flexibility of the molded surface fastener.
Regarding claim 35, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Mizumoto further discloses wherein each rib (24) defines flat facing surfaces (the front wall and the rear wall of 25) each of which extends along the lateral direction, and is symmetric about a vertical centerline thereof which extends in a vertical direction of the fastener (the inner wall surface and the outer wall surface of 25 “are configured in a positional relation parallel to each other,” and the front wall and the rear wall are equally inclined such that the pillar portion presents a trapezoidal shape), and wherein a minimum width of a tip of the each rib (24) in a longitudinal direction is equal to or less than a maximum width of a rib base of the each rib (24) in the longitudinal direction.
Regarding claim 36, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Mizumoto further discloses wherein each rib (24) defines a ratio of 1:1 between the height thereof and a height of the corresponding rib-receiving area (the gap 28 defined between ribs along the longitudinal direction extends the full standing height of the ribs 24 from the upper surface of 10 to the top surface portion 26, such that the depth of the rib-receiving area equals the height of the rib).
Regarding claim 37, the combination of Mizumoto and Fleming teaches the fastener of claim 7, Mizumoto further discloses wherein in a same rib-hook-rib pattern, a center or line of symmetry of a hook (30) and centers or lines of symmetry of ribs (24) adjacent to the hook on both sides thereof in the lateral direction are aligned along the lateral direction of the fastener (the mounting pitch of each rib 24 is set to a value of ½ of the mounting pitch in the longitudinal direction of the hooks 30), the rib-hook-rib pattern defined by the fastener of the longitudinal row of hooks (30) being positioned in the lateral direction between the two longitudinal rows of ribs (24).
Response to Arguments
Applicant's arguments filed September 16, 2026 have been fully considered but are moot because the amendment has necessitated the new grounds of rejection set forth above.
Conclusion
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.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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