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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 6-12, and 15-24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 6-8, 10-12, 15-17, and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Goodall US 5104076 in view of Tumey et al. US 6488643.
Regarding Claim 1, Goodall discloses a closure device comprising:
a first portion (12) and a reversibly attachable fastening element (22) attached to a surface of the first portion; and
a second portion (18);
wherein the fastening element of the first portion is configured to reversibly attach to the second portion when the fastening element of the first portion is brought into contact with the non-slip material of the second portion, and
wherein the fastening element of the first portion is configured to reversibly detach from the second portion such that the first portion is unconnected from the second portion (Figure 2),
wherein the fastening element of the first portion is configured to reversibly attach to the second portion when the fasting element of the first portion is brought into contact with the second portion, and
wherein the fastening element of the first portion is configured to reversibly detach from the second portion such that the first portion is unconnected from the second portion (Goodall FIG. 2).
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Goodall does not disclose wherein the first portion comprises a non-slip material and the second portion comprising a non-slip material, wherein the non-slip material of the second portion comprises spandex, wherein the fastening element of the first portion is configured to reversibly attach to the non-slip material of the second portion when the fastening element of the first portion is brought into contact with the non-slip material of the second portion.
Tumey et al discloses wherein the first portion (Tumey et al, 24) comprising a non-slip material (LYCRA) and the second portion comprising a non-slip material (Tumey et al, para 7Col 6 lines 43-47, Additionally, the trademark "LYCRA" fabric comprises tiny loops, which are generally compatible with releasably engageable hook-like tabs such as those commonly available under the trademark "VELCRO.") , wherein the fastening element (Tumey et al, hook-type tab) of the first portion (Tumey et al, 24) is configured to reversibly attach to the non-slip material of the second portion (Tumey et al, 22) when the fastening element of the first portion is brought into contact with the non-slip material of the second portion (Tumey et al, Fig 2C)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the closure device of Goodall to be made from non-slip spandex as taught by Tumey et al. to be comfortable against skin of a user while staying in place.
Regarding Claim 2, Goodall in view of Tumey discloses wherein the non-slip material of the first portion is an elastic material (Tumey et al, LYCRA).
Regarding Claim 3, Goodall in view of Tumey discloses wherein the non-slip material of the first portion comprises spandex (Tumey et al, LYCRA).
Regarding Claim 6, Goodall in view of Tumey discloses wherein the fastening element is a hook-and-loop fastener element (Godall, hook and loop materials).
Regarding Claim 7, Goodall in view of Tumey discloses wherein the first portion is disposed at an end of a first strap (Goodall, 12).
Regarding Claim 8, Goodall in view of Tumey discloses wherein the second portion is disposed at an end of a second strap (Goodall, 18).
Regarding Claim 10, Goodall discloses a garment comprising: at least one closure device;
wherein the closure device comprises:
a first portion (12) and a reversibly attachable fastening element (22) attached to a surface of the first portion; and
a second portion (18);
wherein the fastening element of the first portion is configured to reversibly attach to the second portion when the fastening element of the first portion is brought into contact with the second portion, and
wherein the fastening element of the first portion is configured to reversibly detach from the second portion such that the first portion is unconnected from the second portion (Goodall, Fig 2).
Goodall does not disclose wherein the first portion comprises a non-slip material; and the second portion comprising a non-slip material, wherein the non-slip material of the second portion comprises spandex; wherein the fastening element of the first portion is configured to reversibly attach to the non-slip material of the second portion when the fastening element of the first portion is brought into contact with the non-slip material of the second portion.
Tumey et al discloses wherein the first portion (Tumey et al, 24) comprising a non-slip material (LYCRA) and the second portion comprising a non-slip material (Tumey et al, para 7Col 6 lines 43-47, Additionally, the trademark "LYCRA" fabric comprises tiny loops, which are generally compatible with releasably engageable hook-like tabs such as those commonly available under the trademark "VELCRO."), wherein the fastening element (Tumey et al, hook-type tab) of the first portion (Tumey et al, 24) is configured to reversibly attach to the non-slip material of the second portion (Tumey et al, 22) when the fastening element of the first portion is brought into contact with the non-slip material of the second portion (Tumey et al, Fig 2C)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the closure device of Goodall to be made from non-slip spandex as taught by Tumey et al. to be comfortable against skin of a user while staying in place.
Regarding Claim 11, Goodall in view of Tumey discloses wherein the non-slip material of the first portion is an elastic material (Tumey, LYCRA).
Regarding Claim 12, Goodall in view of Tumey discloses wherein the non-slip material of the first portion comprises spandex (Tumey, LYCRA).
Regarding Claim 15, Goodall in view of Tumey discloses wherein the fastening element is a hook- and-loop fastener element (Godall, hook and loop materials)..
Regarding Claim 16, Goodall in view of Tumey discloses wherein the first portion is disposed at an end of a first strap (Goodall, 12).
Regarding Claim 17, Goodall in view of Tumey discloses wherein the second portion is disposed at an end of a second strap (Goodall, 18).
Regarding Claim 21, Goodall discloses a closure device comprising:
a first closure member (annotated Fig 2) and a reversibly attachable fastening element (22) attached to a surface of the first closure member; and
a second closure member (annotated Fig 2);
wherein the fastening element of the first closure member is configured to reversibly attach to the second closure member when the fastening element of the first closure member is brought into contact with the second closure member,
wherein the first closure member is attached to an end of a first strap (12), and
wherein the second closure member is attached to an end of a second strap (18) (Goodall, Figure 2).
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Goodall does not disclose wherein the first closure member comprises a non-slip material; and the second closure member comprising a non-slip material, wherein the non-slip material of the second portion comprises spandex; wherein the fastening element of the first closure member is configured to reversibly attach to the non-slip material of the second closure member when the fastening element of the first closure member is brought into contact with the non-slip material of the second closure member.
Tumey et al discloses wherein the first portion (Tumey et al, 24) comprising a non-slip material (LYCRA) and the second portion comprising a non-slip material (Tumey et al, para 7Col 6 lines 43-47, Additionally, the trademark "LYCRA" fabric comprises tiny loops, which are generally compatible with releasably engageable hook-like tabs such as those commonly available under the trademark "VELCRO."), wherein the fastening element (Tumey et al, hook-type tab) of the first portion (Tumey et al, 24) is configured to reversibly attach to the non-slip material of the second portion (Tumey et al, 22) when the fastening element of the first portion is brought into contact with the non-slip material of the second portion (Tumey et al, Fig 2C)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the closure device of Goodall to be made from non-slip spandex as taught by Tumey et al. to be comfortable against skin of a user while staying in place.
Regarding Claim 22, Goodall in view of Tumey discloses wherein the non-slip material of the first closure member or the second closure member is an elastic material (Tumey, LYCRA).
Regarding Claim 23, Goodall in view of Tumey discloses wherein the non-slip material of the first closure member or the second closure member comprises spandex (Tumey, LYCRA).
Regarding Claim 24, Goodall in view of Tumey discloses wherein the fastening element is a hook-and-loop fastener element (Goodall, hook and loop fasteners).
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Goodall US 5104076 in view of Tumey et al. US 6488643 as applied to claims 8 and 17 above, and further in view of Whitaker US 1377648.
Regarding Claim 9, Goodall in view of Tumey discloses the invention except wherein the first strap is affixed to the first portion through a V-shaped slot of the first portion or the second strap is affixed to the second portion through a V-shaped slot of the second portion.
Whitaker teaches a strap (Whitaker 3) affixed to a portion through a V-shaped slot (Whitaker 19, folded portion, Figure 2).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the strap of Goodall in view of Tumey to have the connection method through a V-shaped slot as taught by Whitaker as it is an alternative well-known attachment method.
Regarding Claim 18, Goodall in view of Tumey discloses the invention except wherein the first strap is affixed to the first portion through a V-shaped slot of the first portion or the second strap is affixed to the second portion through a V-shaped slot of the second portion.
Whitaker teaches a strap (Whitaker 3) affixed to a portion through a V-shaped slot (Whitaker 19, folded portion, Figure 2).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the strap of Goodall in view of Tumey to have the connection method through a V-shaped slot as taught by Whitaker as it is an alternative well-known attachment method.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Goodall US 5104076 in view of Tumey et al. US 6488643 as applied to claim 17 above, and further in view of Moylan US 20120302137.
Regarding Claim 19, Goodall in view of Tumey discloses the invention except wherein the garment is a brassiere, and wherein the first strap and the second strap are corresponding wings of a back strap of the brassiere or corresponding parts of a shoulder strap of the brassiere.
Moylan discloses straps with hook and loop fasteners on a brassiere (Moylan Fig 1)
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the article holder of Goodall in view of Tumey to be uses on a brassiere to create a strap that will stay in place with the easy attachment of hook and loops
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Goodall US 5104076 in view of Tumey et al. US 6488643 as applied to claim 10 above, and further in view of Le et al US 2016036788.
Regarding Claim 20, Goodall in view of Tumey discloses the invention except wherein the garment is a sport glove.
Le et al teaches a glove with a hook and loop strap fastener strap.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the shoulder straps of Goodall in view of Tumey to be used for a glove to create an adjustable glove closure system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677