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 10/16/2025.
Claims 1, 5, 6, 9, 10, 16 and 17 have been amended.
Claim 4 has been canceled.
Claims 19-21 were added.
Claims 1-3 and 5-21 are pending.
A substitutes specification was filed for entry.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: substrate layer (42). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0057], line 7 “protrusions 66 that” should be - - protrusions that - -.
Appropriate correction is required.
Claim Objections
Claims 1, 6, 8, 9, 11, 17 and 19 are objected to because of the following informalities:
Claim 1, line 3 “face the outwardly” should be - - face, the outwardly - -.
Claim 1, line 5 “of heat resistant” should be - - of the heat resistant - -.
Claim 1, line 6 “face of the at least” should be - - face of at least - -.
Claim 6, line 5 “of a heat resistant” should be - - of the heat resistant - -.
Claim 8, line 1 “prong receiving” should be - - prong-receiving - -.
Claim 9, line 1 “there at least one prong” should be - - the at least one prong - -.
Claim 11, line 2 “of fabric” should be - - of the fabric - -.
Claim 11, line 3 “of fabric” should be - - of the fabric - -.
Claim 17, line 3 “comprises a hinge members” should be - - comprises hinge members - -.
Claim 19, line 21 “the pointed end” should be - - the pointed end portion - -.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(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.
Claims 1, 16 and 19 are 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.
Regarding claim 1 the claimed subject matter pertaining to “an elastic portion, a first receiving portion, and a second receiving portion, the elastic portion configured to at least partially move between a first state in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong and a second state in which the elastic portion returns to an undeformed position, the first receiving portion configured to receive the shoulder portion of the prong and including a width configured to accommodate the first lateral width of the shoulder portion, and the second receiving portion configured to receive the pointed end portion of the at least one prong.” constitutes new matter since the originally filed disclosure fails to support this claimed subject matter.
Regarding claim 16 the claimed subject matter pertaining to “an elastic portion, a first receiving portion, and a second receiving portion, the elastic portion configured to at least partially move between a first state in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong and a second state in which the elastic portion returns to an undeformed position, the first receiving portion configured to receive the shoulder portion of the prong and including a width configured to accommodate the first lateral width of the shoulder portion, and the second receiving portion configured to receive the pointed end portion of the at least one prong.” constitutes new matter since the originally filed disclosure fails to support this claimed subject matter.
Regarding claim 19 the claimed subject matter pertaining to “an elastic portion configured to at least partially move between a first state, in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong, and a second state, in which the elastic portion returns to an undeformed position; a first receiving portion configured to receive the shoulder portion of the prong, the first receiving portion including a width configured to accommodate the first lateral width of the shoulder portion; and a second receiving portion configured to receive the pointed end portion of the prong” constitutes new matter since the originally filed disclosure fails to support this claimed subject matter.
Claims 2, 3, 5-18, 20 and 21 are rejected as being dependent upon a rejected claim.
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 1-3, 5-10 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Noda (US Patent No. 4,084,299), in view of Wang (US Publication No. 2006/0274814 cited by applicant), and Le Devehat et al. (US Patent No. 8,701,317).
Regarding claim 1, Noda discloses a clip device comprising:
a first arm member and a second arm member, the first and second arm members each having an inwardly oriented face, an outwardly oriented face (see annotated Fig. 9)
a pivotal attachment mechanism, wherein the first and second arm members are connected to the pivotal attachment mechanism and project outward therefrom, wherein the pivotal attachment mechanism comprises at least one biasing member, the at least one biasing member movable between a compressed position and an extended position, wherein the first arm member and the second arm member are oriented in overlying parallel relationship when the at least one biasing member in the compressed position and wherein the first arm member and the second arm member are oriented in an extended angular position when the at least one biasing member is in the extended position (see Fig. 8 and annotated Fig. 9);
Noda does not disclose the outwardly oriented face of each arm member having at least one layer of a heat-resistance polymeric material connected thereto, wherein the at least one layer of heat resistant polymeric material is in overlying relationship with the outwardly oriented face of the at least one of the first arm member or the second arm member.
However, Wang teaches the outwardly oriented face of each arm member having at least one layer of a heat-resistance polymeric material (23) connected thereto, wherein the at least one layer of heat resistant polymeric material (23) is in overlying relationship with the outwardly oriented face of the at least one of the first arm member or the second arm member (see Fig. 2 and paragraph [0014]).
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 use a heat-insulation layer from Wang with the clip from Noda in order to isolate heat energy when the clip is heated.
Noda does not disclose at least one prong, the at least one prong connected to the inwardly oriented face of at least one of the first arm member or the second arm member at a location distal to the pivotal attachment mechanism and projecting angularly outward therefrom, the at least one prong including a shoulder portion and a pointed end portion, the shoulder portion including a first lateral width, the pointed end portion including a second lateral width that is less than the first lateral width, the at least one prong configured to removably extend through multiple layers of fabric inserted thereon; and
a closure mechanism positioned at a location distal to the pivotal attachment mechanism, the closure mechanism opposing the at least one prong and including at least one prong-receiving aperture,
wherein the at least one prong-receiving aperture of the closure mechanism includes an elastic portion, a first receiving portion, and a second receiving portion, the elastic portion configured to at least partially move between a first state in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong and a second state in which the elastic portion returns to an undeformed position, the first receiving portion configured to receive the shoulder portion of the prong and including a width configured to accommodate the first lateral width of the shoulder portion, and the second receiving portion configured to receive the pointed end portion of the at least one prong.
However, Le Devehat et al. teaches at least one prong, the at least one prong connected to the inwardly oriented face of at least one of the first arm member or the second arm member at a location distal to the pivotal attachment mechanism and projecting angularly outward therefrom, the at least one prong including a shoulder portion and a pointed end portion, the shoulder portion including a first lateral width, the pointed end portion including a second lateral width that is less than the first lateral width, the at least one prong configured to removably extend through multiple layers of fabric inserted thereon (see annotated Fig. 2B); and
a closure mechanism positioned at a location distal to the pivotal attachment mechanism, the closure mechanism opposing the at least one prong and including at least one prong-receiving aperture (see annotated Fig. 2B),
wherein the at least one prong-receiving aperture of the closure mechanism includes an elastic portion, a first receiving portion, and a second receiving portion, the elastic portion configured to at least partially move between a first state in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong and a second state in which the elastic portion returns to an undeformed position, the first receiving portion configured to receive the shoulder portion of the prong and including a width configured to accommodate the first lateral width of the shoulder portion, and the second receiving portion configured to receive the pointed end portion of the at least one prong (see annotated Fig. 2B).
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 use the prong and the closure mechanism from Le Devehat et al. with the clip from Noda in order to use the prong for penetrating multiple fabric layers and secure the fabric layers to the clip.
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Regarding claim 2, Noda discloses wherein at least one of the first arm member and the second arm member each has a first end region and a second end region, a first side and a second side opposed to the first side, and a central region interposed between the first end region, the second end region, the first side and the second side, wherein the central region of the at least one of the first arm member or the second arm member has a width greater than dimensions of either the first end region or the second end region (see Fig. 4 and annotated Fig. 9).
Regarding claim 3, Noda discloses wherein the at least one of the first arm member or the second arm member has outwardly curved side edges (see Fig. 4).
Regarding claim 5, the combination of Noda in view of Wang and Le Devehat et al. discloses wherein the at least one layer of the heat-resistant polymeric material (23) is in overlying relationship to the at least one of the first arm member or the second arm member has a thickness (see Fig. 2 from Wang).
Regarding claim 6, the combination of Noda in view of Wang and Le Devehat et al. discloses wherein the at least one layer of the heat-resistant polymeric material (23) an outwardly oriented surface, wherein the outwardly oriented surface of the at least one layer of a heat resistant polymeric material (23) has at least one dimple defined therein distal to the pivotal attachment mechanism (see Fig. 2 and paragraph [0014] from Wang).
Regarding claim 7, Noda discloses wherein the pivotal attachment mechanism further comprises a hinge, the hinge movable between an open orientation, the first arm member and the second arm member are oriented relative to one another and define an inner angle greater than 10° (see Fig. 8 and annotated Fig. 9).
Regarding claim 8, the combination of Noda in view of Wang and Le Devehat et al. discloses wherein the prong receiving aperture of the closure mechanism further comprises at least one latch mechanism (30) defined with the prong-receiving aperture, the at least one latch mechanism (30) configured to releasably engage the prong contained therein (see annotated Fig. 2B and Fig. 3B from Le Devehat et al.).
Regarding claim 9, the combination of Noda in view of Wang and Le Devehat et al. discloses wherein there at least one prong is a cylindrical member projecting outward from the first arm member at an angle between 75° and 115° (see annotated Fig. 2B from Le Devehat et al.).
Regarding claim 10, the combination of Noda in view of Wang and Le Devehat et al. discloses wherein the at least one prong is configured as a cylindrical member (see annotated Fig. 2B from Le Devehat et al.).
Regarding claim 14, Noda discloses wherein the at least one of the first arm member and the second arm member includes a substrate layer, wherein the substrate layer is composed of a metal (see annotated Fig. 9, and Col. 1, lines 7 and 8).
Regarding claim 15, Noda discloses wherein at least one of the first arm member and the second arm member is concave (see annotated Fig. 9).
Regarding claim 18, Noda discloses wherein the pivotal attachment mechanism comprises a spring (see Fig. 8 and annotated Fig. 9).
Regarding claim 16, Noda discloses a clip device comprising:
a first arm member and a second arm member, the first and second arm members each having an outwardly oriented face, an inwardly oriented face, the inwardly oriented face of each of the arm members comprise a metal substrate layer wherein the first arm member and the second arm member each have a first end and a second end, a first side and an opposed second side and a central region interposed between the first end, the second end, the first side and the second side, wherein the central region of at least one of the first arm member or the second arm member has a width greater than dimensions of either the first end or the second end (see Fig. 4 and annotated Fig. 9, and Col. 1, lines 7 and 8);
a pivotal attachment mechanism, wherein the metal substrate layer of the first and second arm members are connected to the pivotal attachment mechanism and project outward therefrom, the pivotal attachment mechanism comprises hinge members and at least one biasing member, the at least one biasing member movable between a compressed position and an extended position, wherein the first arm member and the second arm member are oriented in overlying relationship when the at least one biasing member is in compressed position and wherein the extended position (see Fig. 8 and annotated Fig. 9, and Col. 1, lines 7 and 8);
Noda does not disclose at least one layer of heat-resistant polymeric material is connected to the arm members,
However, Wang teaches at least one layer of heat-resistant polymeric material (23) is connected to the arm members (see Fig. 2 and paragraph [0014]).
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 use a heat-insulation layer from Wang with the clip from Noda in order to isolate heat energy when the clip is heated.
Noda does not disclose at least one prong, the at least one prong connected to the inwardly oriented face of at least one of the first arm member or the second arm member at a location distal to the pivotal attachment mechanism and projecting angularly outward therefrom, the at least one prong including a shoulder portion and a pointed end portion, the shoulder portion including a first lateral width, the pointed end portion including a second lateral width that is less than the first lateral width, the at least one prong configured to removably extend through multiple layers of fabric inserted thereon; and
a closure mechanism positioned at a location distal to the pivotal attachment mechanism, the closure mechanism opposing the at least one prong and including at least one prong-receiving aperture,
wherein the at least one prong-receiving aperture of the closure mechanism includes an elastic portion, a first receiving portion, and a second receiving portion, the elastic portion configured to at least partially move between a first state in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong and a second state in which the elastic portion returns to an undeformed position, the first receiving portion configured to receive the shoulder portion of the prong and including a width configured to accommodate the first lateral width of the shoulder portion, and the second receiving portion configured to receive the pointed end portion of the at least one prong.
However, Le Devehat et al. teaches at least one prong, the at least one prong connected to the inwardly oriented face of at least one of the first arm member or the second arm member at a location distal to the pivotal attachment mechanism and projecting angularly outward therefrom, the at least one prong including a shoulder portion and a pointed end portion, the shoulder portion including a first lateral width, the pointed end portion including a second lateral width that is less than the first lateral width, the at least one prong configured to removably extend through multiple layers of fabric inserted thereon (see annotated Fig. 2B); and
a closure mechanism positioned at a location distal to the pivotal attachment mechanism, the closure mechanism opposing the at least one prong and including at least one prong-receiving aperture (see annotated Fig. 2B),
wherein the at least one prong-receiving aperture of the closure mechanism includes an elastic portion, a first receiving portion, and a second receiving portion, the elastic portion configured to at least partially move between a first state in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong and a second state in which the elastic portion returns to an undeformed position, the first receiving portion configured to receive the shoulder portion of the prong and including a width configured to accommodate the first lateral width of the shoulder portion, and the second receiving portion configured to receive the pointed end portion of the at least one prong (see annotated Fig. 2B).
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 use the prong and the closure mechanism from Le Devehat et al. with the clip from Noda in order to use the prong for penetrating multiple fabric layers and secure the fabric layers to the clip.
Regarding claim 17, Noda discloses wherein the first arm member and the second arm member are moveable between a first open position and second closed position and wherein the pivotal attachment mechanism further comprises a hinge members, the hinge members movable between an open orientation, the first arm member and the second arm member are oriented relative to one another and define an inner angle greater than 10 degrees (see Fig. 8 and annotated Fig. 9).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Noda (US Patent No. 4,084,299), in view of Wang (US Publication No. 2006/0274814 cited by applicant), and Le Devehat et al. (US Patent No. 8,701,317) as applied to claim 1 above, and further in view of Friedewald (US Patent No. 6,463,636).
Regarding claim 11, Noda discloses the claimed invention except for at least two layers of a fabric, the at least two layers of fabric interposed between the first arm member and the second arm member, wherein the at least two layers of fabric surround the prong.
However, Friedewald teaches at least two layers of a fabric (21), the at least two layers of fabric (21) interposed between the first arm member (9) and the second arm member (11), wherein the at least two layers of fabric (21) surround the prong (3) (see Fig. 2).
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 use the two layers of a fabric from Friedewald with the clip from Noda in order to clamp and keep together the two layers of the fabric during laundering.
Regarding claim 12, the combination of Noda in view of Wang and Le Devehat et al., and further in view of Friedewald discloses wherein there at least two layers of the fabric (21) are associated with at least two separate garments (see Fig. 2 from Friedewald).
Regarding claim 13, the combination of Noda in view of Wang and Le Devehat et al., and further in view of Friedewald discloses wherein the at least two layers of the fabric (21) are associated with garments are individual socks (see Fig. 2, Col. 2, lines 45-48 from Friedewald).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Noda (US Patent No. 4,084,299), in view of Le Devehat et al. (US Patent No. 8,701,317).
Regarding claim 19, Noda discloses a clip device, comprising:
a first arm pivotally coupled to a second arm by a hinge (see Fig. 8 and annotated Fig. 9);
Noda does not disclose
the first arm including a prong extending from an inner surface of the first arm, the prong including:
a shoulder portion, the shoulder portion including a first lateral width; and
a pointed end portion, the pointed end portion including a second lateral width that is less than the first lateral width;
the second arm including an aperture opposing the prong, the aperture including:
an elastic portion configured to at least partially move between
a first state, in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong, and a second state, in which the elastic portion returns to an undeformed position;
a first receiving portion configured to receive the shoulder portion of the prong, the first receiving portion including a width configured to accommodate the first lateral width of the shoulder portion; and
a second receiving portion configured to receive the pointed end portion of the prong,
wherein the prong is configured to extend through at least one layer of fabric and engage with the aperture, and
wherein the aperture is configured to receive the pointed end of the prong to selectively fix the prong therein.
However, Le Devehat et al. teaches
the first arm including a prong extending from an inner surface of the first arm (see annotated Fig. 2B), the prong including:
a shoulder portion, the shoulder portion including a first lateral width (see annotated Fig. 2B); and
a pointed end portion, the pointed end portion including a second lateral width that is less than the first lateral width (see annotated Fig. 2B);
the second arm including an aperture opposing the prong (see annotated Fig. 2B), the aperture including:
an elastic portion configured to at least partially move between a first state, in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong, and a second state, in which the elastic portion returns to an undeformed position (see annotated Fig. 2B);
a first receiving portion configured to receive the shoulder portion of the prong, the first receiving portion including a width configured to accommodate the first lateral width of the shoulder portion (see annotated Fig. 2B); and
a second receiving portion configured to receive the pointed end portion of the prong (see annotated Fig. 2B),
wherein the prong is configured to extend through at least one layer of fabric and engage with the aperture (see annotated Fig. 2B), and
wherein the aperture is configured to receive the pointed end of the prong to selectively fix the prong therein (see annotated Fig. 2B).
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 use the prong and the aperture from Le Devehat et al. with the clip from Noda in order to use the prong for penetrating multiple fabric layers and secure the fabric layers to the clip.
Regarding claim 20, Noda discloses wherein the first arm and the second arm each has a first end region and a second end region, a first side and a second side opposed to the first side, and a central region interposed between the first end region, the second end region, the first side and the second side, wherein the central region of the first arm or the second arm has a width greater than dimensions of either the first end region or the second end region (see Fig. 4 and annotated Fig. 9).
Regarding claim 21, Noda discloses wherein the first arm and the second arm include a substrate layer, wherein the substrate layer is composed of a metal (see annotated Fig. 9, and Col. 1, lines 7 and 8).
Response to Arguments
Applicant’s arguments, see pages 10 and 11, filed 10/16/2025, with respect to the rejection(s) of claims 1 and 16 under 35 USC § 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 Noda, in view of Wang, and Le Devehat et al.
Le Devehat et al. teaches at least one prong, the at least one prong connected to the inwardly oriented face of at least one of the first arm member or the second arm member at a location distal to the pivotal attachment mechanism and projecting angularly outward therefrom, the at least one prong including a shoulder portion and a pointed end portion, the shoulder portion including a first lateral width, the pointed end portion including a second lateral width that is less than the first lateral width, the at least one prong configured to removably extend through multiple layers of fabric inserted thereon (see annotated Fig. 2B); and
a closure mechanism positioned at a location distal to the pivotal attachment mechanism, the closure mechanism opposing the at least one prong and including at least one prong-receiving aperture (see annotated Fig. 2B),
wherein the at least one prong-receiving aperture of the closure mechanism includes an elastic portion, a first receiving portion, and a second receiving portion, the elastic portion configured to at least partially move between a first state in which the elastic portion deforms to a deformed position to receive the shoulder portion of the prong and a second state in which the elastic portion returns to an undeformed position, the first receiving portion configured to receive the shoulder portion of the prong and including a width configured to accommodate the first lateral width of the shoulder portion, and the second receiving portion configured to receive the pointed end portion of the at least one prong (see annotated Fig. 2B).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason W. 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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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677