DETAILED ACTION
This communication is a FINAL office action on the merits. Claims 1-6 and 8-20, as filed are currently pending and have been considered below.
Election/Restrictions
Newly submitted claim 20 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The original claimed invention and new submitted claim 20 are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case, the process of claim 20 can be used with an end closure without a locking element as required in independent claims 1 and 19.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 20 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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) 1-6, 8, 11, 12, 14-16 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heckerman et al. (US 4,924,557).
Regarding claim 1, Heckerman et al. discloses an apparatus comprising
- an end closure (90) having:
a base (spanning 86 to 90 including 100 and 96; Fig. 10 as annotated below within the boxed region),
a pair of spaced apart arms (92, 94) extending away from the base, each of the pair of spaced apart arms having an outer surface, an inner surface, a first end joined to the base and a second free end, the pair of spaced apart arms and the base defining a holder for receiving a distal end of the strap, wherein when the distal end of the strap is positioned in the holder, the inner surface of each of the pair of spaced apart arms is positioned along a portion of a surface of the strap and the distal end of the strap abuts the base (Figs. 8-10 as shown, wherein the strap is shown to abut 86 and 90 of the base), and
a locking element (98) connected to at least one of the pair of spaced apart arms, the locking element being positioned adjacent to the second free end or adjacent to the base, and extending outwardly from the outer surface of the arm; and
- a slider (102) having a body, a first end and a second end, the body defining a cavity extending from the first end to the second end and being sized so that the strap is insertable through the cavity, the slider moveable between an unlocked position and a locked position (Figs. 8 and 9 as shown), wherein the slider body is slideable along a length of the strap when the strap is inserted through the cavity in the unlocked position, and is slideable over the pair of spaced apart arms such that the first end of the slider body is adjacent to the base of the end closure when the slider is in the locked position, the slider being configured to engage the locking element of the end closure when the first end of the slider body is adjacent to the base (Fig. 9 as shown).
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Figure 10 as annotated from Heckerman et al.
Regarding claim 2, Heckerman et al. further discloses wherein the pair of spaced apart arms are substantially parallel one to another (Figs. 8 and 10 as shown).
Regarding claim 3, Heckerman et al. further discloses wherein the locking element is a first locking element and the end cap assembly further comprises a second locking element coupled (104) to the other of the at least one of the pair of spaced arms than the first locking element.
Regarding claim 4, Heckerman et al. further discloses the end closure further comprising one or more gripping elements (88, 92) formed on the inner surface of at least one of the pair of spaced apart arms, the one or more gripping elements configured to grip to the strap when the distal end of the strap is positioned in the holder of the end closure (Figs. 8 and 10 as shown).
Regarding claim 5, Heckerman et al. further discloses wherein the one or more gripping elements are projections or lumps formed on the inner surface of the at least one of the pair of spaced apart arms (Figs. 8 and 10 as shown).
Regarding claim 6, Heckerman et al. further discloses wherein the one or more gripping elements are formed on the inner surface of each of the pair of spaced apart arms (Figs. 8 and 10 as shown).
Regarding claim 8, Heckerman et al. further discloses wherein the locking element comprises a ridge or a hook extending away from the outer surface of the at least one of the pair of spaced apart arms (Fig. 8 as shown).
Regarding claim 11, Heckerman et al. further discloses wherein the end closure and the body of the slider are made of a rigid material (Column 5, lines 23-24 and Column 6, lines 20-21 describe Delrin and HDPE can be used to form the structures wherein these materials have rigid properties).
Regarding claim 12, Heckerman et al. further discloses wherein the body of the end closure and the body of the slider are made of a plastic material (Column 5, lines 23-24 and Column 6, lines 20-21 describe Delrin and HDPE can be used to form the structures).
Regarding claim 14, Heckerman et al. further discloses wherein the locking element is a reversible locking element (the device as shown is capable of being unlocked).
Regarding claim 15, Heckerman et al. further discloses wherein the locking element is adjacent to the base (Fig. 10 as shown).
Regarding claim 16, Heckerman et al. further discloses wherein the locking element is adjacent to the second free end (Fig. 10 as shown).
Regarding claim 19, Heckerman et al. discloses an apparatus comprising:
-a strap having a thickness;
- an end closure (90) having:
a base (spanning 86 to 90 including 100 and 96; Fig. 10 as annotated above within the boxed region),
a pair of arms (92, 94) extending away from a base and defining a holder for receiving a distal end of the strap (Figs. 8-10 as shown), each of the pair of arms having an inner surface and being spaced apart from one another by a distance greater than the thickness of the strap (Figs. 8-10 as shown), wherein when the distal end of the strap is positioned in the holder, the inner surface of each of the pair of spaced apart arms are positioned along a portion of a surface of the strap and the distal end of the strap abuts the base (Figs. 8-10 as shown, wherein the strap is shown to abut 86 and 90 of the base); and
a locking element (98) coupled adjacent to a first end or a second end of the pair of arms; and
- a slider (102) having a body defining a cavity extending therethrough, the cavity being sized and shaped such that the strap and the pair of spaced apart arms are insertable in the cavity when the distal end of the strap is positioned in the holder, wherein the slider is moveable along the length of the strap between a locked position where the slider body is engaged with the locking element and the pair of arms are positioned in the cavity and an unlocked position where the pair of arms are positioned exterior to the cavity and the slider body is spaced apart from the locking element (Figs. 8-10 as shown).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heckerman et al.
Regarding claim 13, Heckerman et al. discloses the invention except for wherein the body of the end closure and the body of the slider are made of a transparent material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select a transparent material since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heckerman et al. as applied to claim 8 above, and further in view of Stradella (US 3,042,277).
Regarding claim 9, Heckerman et al. disclose the invention except for wherein the slider body comprises at least one notch, wherein the ridge or the hook engages with the at least one notch when the slider slides over an entire length of each of the pair of spaced apart arms.
Stradella teaches a slider body (7) with a notch (between tongues 10 as shown in Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a notch to provide a more secure arrangement that helps the slider stay centered on the closure.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Heckerman et al. and Stradella as applied to claim 9 above, and further in view of Mix (US 1,692,511).
Regarding claim 10, the combination of Heckerman et al. and Stradella disclose the invention except for wherein the end closure further comprising a release button operably connected to the ridge or the hook, wherein depression of the release button unlocks and releases the ridge or the hook from the at least one notch to slide the slider from the locked position to the unlocked position.
Mix teaches a release button (rounded tip of 7 can be depressed to allow the ridge 8 to pass under slider 2).
From this teaching of Mix, it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize the difficulty of releasing the ridge from the slider. Including a button that adds leverage to depression of the ridge would allow for easier release of the slider from the end closure.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heckerman et al. as applied to claim 1 above, and further in view of Larose et al. (US 2020/0146401).
Regarding claim 17, Heckerman et al. discloses the invention except for wherein the locking element comprises at least one locking element protrusion, and the slider comprises a notch, the notch comprising at least one slider protrusion with a depression adjacent thereto, wherein moving the slider to the locked position causes the at least one slider protrusion to engage and slide past the at least one locking element protrusion, and the at least one locking element protrusion to engage and be held within the depression.
Larose teaches a device where a locking protrusion (16) is inter-fit with a notch (22) comprising a slider depression (18) and protrusion (sidewall of 18).
From this teaching of Larose et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to include an inter-fitting mechanism such as provided by Larose to prevent accidental removal of the slider from the end closure.
Regarding claim 18, the combination device as modified by Larose et al. further teach two slider protrusions, one slider protrusion located at each side of the notch with one depression adjacent to each, and the locking element comprises two locking element protrusions, one locking element protrusion located at each side of the locking element (Figs. 1A-6B as shown).
Response to Arguments
Applicant’s arguments, filed 09 June 2025, with respect to the rejections have been fully considered and are persuasive. The indefiniteness rejection of the claims under 35 USC § 112 has been withdrawn. However, as shown above a new base reference has been applied as shown above.
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 MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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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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/M.S.L/Examiner, Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677