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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 24, 2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 9 - 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKeown, US 9,289,084.
Regarding claim 9, McKeown (US 9,289,084) discloses a permanent zipper assist device [for replacing a zipper tab on a zipper slider of a garment], the device comprising: a fastening member (116); a body member (118) connected to (via a zipper pull tab) the zipper slider (see the annotated figure 2) through the fastening member (116), wherein the body member comprises a front side (see the annotated figure 2) and a back side (see the annotated figure 2) opposite the front side, [wherein the back side is inwardly facing with respect to the garment], wherein a portion of the back side of the body member comprises a depression (see the annotated figure 2), wherein the depression comprises a hollow indentation (see the annotated figure 2) into a surface of the back side of the body member (118), [wherein the depression is not visible from an exterior of the garment when the permanent zipper assist device on the garment is in a zipped position (see figure 3)]; and a detachable tether (14) having an elongated flexible element (30) and an attaching mechanism (128) configured to be coupled to the depression in the back side of the body member (see the annotated figure 2).
McKeown does not explicitly disclose wherein the depression (of 118) comprises a first magnetic component and the attaching mechanism (128) comprising a second magnetic component. However, 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 a magnetic material (metallic) for the body member (118) and the mechanism (128) of McKeown, since it has been held to be within the general skill of a worker in the art to select a known (commercially available) material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Further, it is noted that it is well known in the fastener art that the hook type clasp of McKeown can be magnetized since the use of magnets for the clasp can provide convenience and security. The examiner takes Official Notice that 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 body member (118) and the attaching mechanism (128) of McKeown to be magnetized and therefore resulting in first and second magnetic components because magnetic clasps improve alignment and reduction in time to wear said clasp by a user.
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 zipper assist device, 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 zipper assist device taught by McKeown (US 9,289,084), 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.
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Regarding claim 10, McKeown teaches the permanent zipper assist device of claim 9. McKeown further teaches wherein the first magnetic component is positioned at a first angle within a protrusion portion (of the member 118 having a portion for the hook component of 128 to hook onto as a safety latch prior to be fully inserted and latched within the member 118), and wherein the second magnetic component (on the hook component of 128) is positioned at a second angle on the attaching mechanism (128) such that the first angle and the second angle are configured to be coupled to each other (see the annotated figure 2).
Regarding claim 11, McKeown teaches the permanent zipper assist device of claim 9. McKeown further discloses wherein the detachable tether (14) comprises a chained material (an elongated flexible element 30 such as a cord, chain or the like).
Regarding claim 12, McKeown teaches the permanent zipper assist device of claim 9. McKeown further discloses [wherein the detachable tether is wearable by a user].
Regarding claim 13, McKeown teaches the permanent zipper assist device of claim 9. McKeown further discloses [wherein the detachable tether is able to be worn as a necklace].
Regarding claim 14, McKeown teaches the permanent zipper assist device of claim 9. McKeown further discloses [wherein the detachable tether is able to be worn as a bracelet].
Regarding claim 15, McKeown teaches the permanent zipper assist device of claim 9. McKeown does not expressly teach wherein the detachable tether further comprises a third magnetic component. However, McKeown has disclosed that the tether (14) comprises a third connectable part (36) at the opposite end of the tether having the attaching mechanism (28) and said part (36) is configured for joining with the attaching mechanism (28) so that a user can wear the tether. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the part (36) of McKeown to be made of a magnetic material since it has been held to be within the general skill of a worker in the art to select a known (commercially available) material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Further, it is noted that it is well known in the fastener art that the clasp (36) of McKeown can be magnetized since the use of magnets for the clasp can provide convenience and security. The examiner takes Official Notice that 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 clasp (36) of McKeown to be magnetized to improve alignment and reduction in time to wear said clasp by a user.
Regarding claim 16, McKeown teaches the permanent zipper assist device of claim 9. As modified, McKeown further teaches wherein the third magnetic component is shaped and magnetized (having the magnetic component feature) the same as the first magnetic component such that the second magnetic component is configured to be coupled to the third magnetic component (via the magnetization).
Response to Arguments
Applicant's arguments filed November 24, 2025 have been fully considered but they are not persuasive. Applicant has amended the claims to further require features not previously presented; the amendment has necessitated a new ground of rejection as set forth above and therefore making applicant’s arguments not persuasive in view of the rejection.
In response to applicant's argument that wherein the back side is inwardly facing with respect to the garment and wherein the depression is not visible from an exterior of the garment, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In other words, the garment has been recited as an intended use of the claimed invention and the prior art of McKeown meets the intended use as rejected in the claims above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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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.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677