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 .
Status of Claims and Application
This final action on the merits is in response to the remarks and amendments received by the office on 24 October 2025. Claims 24 – 45 are pending. Claims 24-28 are withdrawn as non-elected. Claims 24, 25, and 31 are amended. Claims 44 and 45 are newly added. No claims are cancelled.
Response to Amendment
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(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.
Claim 31 is 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. The disclosure as originally filed does not contemplate an embodiment where the molding strip is arranged on one roller only. Claim 29 as originally presented requires the molding strip to be arranged with its inside face bearing against drive means comprising at least two rollers – that is, the inside face of the molding strip must be arranged against the at least two rollers both. The sole other mention of a single roller arrangement indicates that the drive means are comprised of a single roller only, the molding strip being arranged around this single drive roller (paragraph 0233).
Claim 44 is 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. The disclosure as originally filed does not discuss the subject matter disclosed in newly presented claim 44. The disclosure does not appear to recite any material for the molding strip other than rubber.
Claim 45 is 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. The disclosure as originally filed does not discuss the subject matter disclosed in newly presented claim 45. While the specification recites that the molding strip may be made up by superposing a plurality of strips, the specification does not describe that the plurality of strips are superposed along a vertical direction as claimed.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 31 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 29 requires the molding strip to be arranged with its inside face bearing against drive means comprising at least two rollers – that is, the inside face of the molding strip must be arranged against the at least two rollers both. Claim 31 requires the molding strip not be arranged around all the rollers of the drive means as required by its parent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 29-32, 34, and 36-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 6,432,339 to Jens et al. (‘339 hereafter) in view of U.S. Patent Application Publication 2010/0101056 to Sen Mai Cheng (‘056 hereafter), both of record per applicant disclosure.
Regarding claim 29, ‘339 teaches a method of forming a retaining device with hooks, wherein: - a molding strip is provided that presents an inside face and an outside face, and that has a plurality of cavities, each cavity defining a stem extending from the outside face towards the inside face (Fig 1 item 30); - the molding strip is positioned on rotary drive means comprising at least two rollers, the inside face of the molding strip being arranged to bear against the drive means (fig 1 item 30, 20a and 20b); in a dispensing step, molding material is dispensed against the outside face of the molding strip by material dispenser means arranged facing the molding strip in such a manner as to define a gap between the material dispenser means and the molding strip, the step of dispensing the molding material being performed in such a manner as to fill said gap and the cavities with molding material so as to form a tape comprising a base of thickness that is defined by the gap, and first preforms projecting from said base each comprising at least a stem, the first preforms being formed by the molding material in the cavities of the molding strip (Fig 1 item 14, 16);- in an unmolding step, the tape and the first preforms are unmolded (Fig 1 item C and 12). ‘339 does not teach a further forming step. In the same field of endeavor, hook fastener molding, ‘056 teaches the method wherein during a forming step, the unmolded tape is inserted in a forming device so as to modify shapes of the first preforms by forming, wherein the preform comprises a rib that extends at least partially over an upper face of the preform, and the forming device modifies the shape of the preform, including the shape of the rib (Fig 5 items 50, 52, 68 and 68’) for the benefit of increasing the nascent hook fastener’s engagement with loop fabric. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘339 with those of ‘056 for the benefit of forming hook fasteners with high engagement.
Regarding claim 30, ‘339 is silent with respect to the forming device. In the same field of endeavor, hook fastener formation, ‘056 teaches the method wherein the forming device comprises an element at ambient temperature or at a non-regulated temperature (Fig 5 item 52 and paragraph 0027), and at least one element at a temperature that lies strictly between a heat deflection temperature and a melting temperature of the molding material (Fig 5 item 50 and paragraph 0027) for the benefit of increasing the nascent hook fastener’s engagement with loop fabric. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘339 with those of ‘056 for the benefit of forming hook fasteners with high engagement.
Regarding claim 31, ‘339 does not teaches a molding strip, but not that said molding strip is arranged around a single roller. In the same field of endeavor, ‘056 teaches the method wherein the forming surface is emplaced on a single roller (Fig 4 items 20 and 22) for the benefit of providing active cooling from the inside of the roller. It would have been obvious to one possessed of ordinary skill in the art at the time of invention to combine the teachings of ‘339 with those of ’056 for the benefit of providing active cooling to a hook strip forming molding surface which is easily replaceable.
Regarding claim 32, ‘339 teaches the method wherein a height of the rib as measured along a direction perpendicular to a plane of the base lies in the range 0.005 mm to 0.1 mm, or in the range 0.01 mm to 0.08 mm (C2L43-C2L46 0.020 inches or less).
Regarding claim 34, ‘056 teaches the method wherein the first preforms are arranged in a staggered or honeycomb arrangement (Fig 2a and 2b) for the benefit of increasing the nascent hook fastener’s engagement with loop fabric. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘339 with those of ‘056 for the benefit of forming hook fasteners with high engagement.
Regarding claim 36, ‘339 teaches the method wherein portions of the cavities forming the stems are generally frustoconical or circularly cylindrical in shape about an axis perpendicular to the outside face of the molding strip (Fig 13A items 134).
Regarding claim 37, ‘339 teaches the method wherein the molding strip comprises portions of the cavities forming heads that present a shape that is substantially frustoconical or hexahedral (Fig 13A items 134).
Regarding claim 38, ‘339 teaches the method wherein the stem of each preform presents symmetry of rotation about an axis that is perpendicular to a top face of the base (Figs 17 and 18, item 86).
Regarding claim 39, ‘339 the method wherein each preform presents symmetry relative to a plane extending in a longitudinal direction of the base and containing the axis of the stem of the preform (Figs 17 and 18, item 86).
Regarding claim 40, ‘056 teaches the method wherein each preform presents a head, and the head of each preform includes at least one catch portion that extends radially relative to the top end of the stem, the at least one catch portion includes a downwardly sloping free end (Fig 5 item 68). It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘339 with those of ‘056 for the benefit of forming hook fasteners with high engagement.
Regarding claim 41, ‘056 teaches the method wherein the molding material is polypropylene, and wherein during the forming step, at least one forming element of the forming device is maintained at a temperature lying in the range 75 to 165 Celsius or substantially equal to 120°C (paragraph 0027).
Regarding claim 42, ‘339 teaches the method wherein the preforms present a shape that is asymmetrical relative to a plane that is transverse to a longitudinal direction of the base (Figs 9-11).
Regarding claim 43, ‘056 teaches the method wherein the forming device modifies the shape of the preform, including the shape of the rib, by using a roller (Fig 5 item 50). It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘339 with those of ‘056 for the benefit of forming hook fasteners with high engagement.
Regarding claim 44, ‘339 teaches the method wherein the molding strip is made of metallic material, and presents an upper face and a lower face that extend continuously over a longitudinal direction (Fig 8 items 54).
Regarding claim 45, ‘339 teaches the method wherein the molding strip is made by superposing a plurality of strips along a vertical direction, said vertical direction being defined by the direction between the inside face and the outside face of the molding strip, each strip being continuous over a longitudinal direction (Fig 8 items 54).
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘339 in view of ‘056 as applied to claim 29 above, and further in view of U.S. Patent 5,643,651 to Ryuichi Murasaki (‘651 hereafter).
Regarding claim 33, ‘339 in view of ‘056 does not teach polypropylene. In the same field of endeavor, hook fastener formation, ‘651 teaches the method wherein the molding material is polypropylene or a formulation based on polypropylene, and the dispensing step is performed at a pressure lying in the range 10 bar to 100 bar, or in the range 30 bar to 50 bar, and at a temperature lying in the range 150°C to 300°C (C5L35-C5L52) for the benefit of forming a durable hook fastener. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘339 in view of ‘056 with those of ‘651 for the benefit of forming hook fasteners from an economic and readily available material.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘339 in view of ‘056 as applied to claim 29 above, and further in view of U.S. Patent Application Publication 2014/0237779 to Christopher M. Gallant (‘779 hereafter), of record per applicant disclosure.
Regarding claim 35, ‘339 in view of ‘056 does not teach plastic deformation. In the same field of endeavor, formation of hook fasteners, ‘779 teaches the method wherein during unmolding, the strip and the first preforms are unmolded in such a manner as to deform the first preforms plastically so as to obtain second preforms of shapes that are different from the shapes of the first preforms, the second preforms each comprising a head , a height of the head of the second preform is increased (paragraph 0080) for the benefit of forming hook fasteners in a continuous manner. It would have been obvious to one possessed of ordinary skill in the art at the time of effective filing to combine the teachings of ‘339 in view of ‘056 with those of ‘779 for the benefit of continuously forming hook fasteners. The combination of ‘339 in view of ‘056 in view of ‘779 does not teach the claimed elongation percentage. However, it has been held that finding optimum or workable ranges of art recognized result effective variable involves only routine skill in the art. One possessed of ordinary skill in the art would have been motivated to select the claimed elongation percentage for the benefit of reducing the stem diameter sufficiently to affect an unmolding step without breaking the stem.
Response to Arguments
In support of the patentability of the instant claims, applicant advances several arguments. They are:
Regarding independent claim 9 and its dependents, the cited prior art combination does not teach a rib as claimed.
Regarding claims 31, the prior art does not teach claims 31 as amended instantly.
Regarding claim 32, the prior art does not teach the height of the rib as claimed.
Regarding the first argument, the ‘056 reference shows retaining elements comprising two ribs, as broadly and reasonably interpreted (Fig 5 items 68, each leg of the “v-shaped” preform is considered by examiner to be a rib as claimed). Examiner notes that applicant’s specification as originally filed contains description of the claimed ribs, if properly claimed would tend to distinguish over previously and above applied prior art.
Regarding the second argument, examiner has amended the previous rejection of claim 31 to demonstrate how it is taught by the applied prior art.
Regarding the third argument, claim 32 as previously and instantly presented does not state a basis from which we are to measure the height of the rib. Examiner has broadly yet reasonably interpreted the height to be measured from the surface of the base material. Since the prior art combination presented places the rib at the uppermost portion of the fastener, the prior art total height of the fastener is the height of the rib. The cited portion of ‘339, contra applicant’s assertion, refers to the height of the fastener (“Preferably, the cavities of the belt are sized to mold fastener elements of less than about 0.050 inch in total height, as measured from the product base. . . .” (emphasis examiner’s)).
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.
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/JPR/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743