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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the recitation “a first direction” in line 17 has rendered the claim indefinite because it is unclear whether the recited first direction is the same as “a first direction” in lines 4-5 of the claim. Claims 2-7 depend from claim 1 and therefore are also rejected under this section.
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, 2, 4, 5 and 7, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ducauchuis, US 7,841,052.
Regarding claim 1, Ducauchuis discloses a surface fastener including a base part (20) and a plurality of hook-shaped engaging elements (6-8), the engaging elements (6-8) being integrally formed with the base part (20), wherein: two (7, 8) or more of the engaging elements (6-8) are arranged closely side by side in a first direction (CD) and make up a hook group (hooks 7, 8, 6 is one group while the next 7, 8, 6 hooks are another set in the same row); a plurality of the hook groups (in each row, the adjacent row of the hook groups 7, 8, 6 are separated by the distance between the stems between hooks 6 and 7 whose heads face each other; see figure 2) and at least one spaced part (spacing in between said hooks 6 and 7) provided between each adjacent two (6 & 7) of the hook groups (7, 8, 6) in the first direction (CD) are disposed on the base part (20); the engaging elements (6-8) each includes one stem portion (50) and one engaging head (40), the stem portion (50) projecting from the base part (20), the engaging head (40) extending from a distal end portion of the stem portion (50) while curving in one direction into a crook shape (see figure 6); when a heightwise position (HM) of each of the engaging elements that is at one-half of a maximum heightwise size of the engaging element (figure 6) is defined as a middle position (half height of HM) of the engaging element, the stem portion (50) has an independent shape (that is narrowing from the base 2 to the tope of the hook) separated from the other engagement elements (figure 2) at least above the middle position (half height) of the engagement element, the hook groups (7, 8, 6) each include at least one first engaging element (6) and at least one second engaging element (7, 8), the engaging head (40) of the first engaging element (6) curving toward one side in a first direction (figure 2), the engaging head of the second engaging element (7, 8) curving toward another side in a first direction (figure 2); and letting a side of each of the engaging elements (6-8) in the first direction (CD) on which the engaging head (40) extends from the stem portion (50) be an element-head side (letting one side extend in a left direction) and a side of the engaging element (6-8) in the first direction that is opposite the element-head side be an element-back side (letting another side extend in a right direction), each adjacent two of the engaging elements (6-8) in each of the hook groups (7, 8, 6) are oriented such that the element-head side (left side) of one of the two engaging elements (6-8) and the element-back side of (right side) an other of the two engaging elements face each other (see figure 2) or the respective element-back sides of the two engaging elements face each other, and each two of the engaging elements (6-8) that are located across the spaced part from each other (between said groups) in the first direction are oriented such that the respective element-head sides of the two engaging elements (6-8) face each other (6 and 7, 8).
Regarding claim 2, Ducauchuis discloses the surface fastener according to claim 1, wherein: the two or more engaging elements (6-8) making up the hook group (7, 8, 6) are connected to each other (figure 2) at respective proximal end portions (70) of the two or more engaging elements (6-8), the proximal end portions (70) of the two or more engaging elements (6-8) being continuous with the base part (20); and a size in the first direction (CD) of the stem portion (50) of the engaging elements (6-8) gradually decreases as a distance (Hm) from the base part (20) increases (see figure 6).
Regarding claim 4, Ducauchuis discloses the surface fastener according to claim 1, wherein: a top end face of each of the engaging elements (6-8) seen from the one side or the other side in the first direction forms a curved surface that is convex away from the base part (20).
Regarding claim 5, Ducauchuis discloses the surface fastener according to claim 1, wherein: a distal end portion of the engaging head of each of the engaging elements (6-8) seen from the one side or the other side in the first direction has a curved surface that is convex toward the base part (20); a distal end face of the engaging head (40) of each of the engaging element (6-8) seen in a heightwise direction of the engaging element (6-8) forms a curved surface that is convex toward the one side or the another side in the first direction (see figure 2); and the distal end portion of the engaging head (40) of each of the engaging elements (6-8) seen in a widthwise direction (a thickness) of the engaging element (figure 3) has a curved surface that is convex toward the base part (20), the widthwise direction being orthogonal to the first direction and to the heightwise direction (see figures 3 and 6).
Regarding claim 7, Ducauchuis discloses the surface fastener according to claim 1, wherein: the at least one first engaging element (6) and the at least one second engaging element (7, 8) included in each of the hook groups (7, 8, 6) are of equal number (see figure 2).
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.
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) 3, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Ducauchuis, US 7,841,052 in view of Takizawa et al., US 5,537,720.
Regarding claim 3, Ducauchuis discloses the surface fastener according to claim 1, wherein: the stem portion (50) has a pair of sidewall surfaces each extending in the first direction (see figures 2 and 6).
Ducauchuis does not explicitly disclose the stem portion (50) includes a pair of rib portions provided on the respective sidewall surfaces, the rib portions projecting from the base part (20) and extending along the stem portion (50); and the rib portions of the two or more engaging elements (6-8) making up the hook group (7, 8, 6) are connected to each other.
Takizawa teaches a surface fastener comprising a base part (1) and a plurality of hook-shaped engagement elements (2), each engaging element has a stem portion (21) wherein the stem portion (21) includes a pair of rib portions (23) provided on the respective sidewall surfaces (figure 1), the rib portions (23) projecting from the base part (1) and extending along the stem portion (21); and the rib portions (23) of the two or more engaging elements (2) making up the hook group (2, 2, 2, 2) are connected to each other (via the base part 1).
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 stem portion of Ducauchuis to include a pair of rib portions on the respective sidewall surfaces as taught by Takizawa in order to space the group of hooks between the rows for less peel strength and to reinforce the narrow stem of each hook against falling or bending sideways during use and during molding, thereby increasing the stability of the spaced hooks within each hook group.
Claim(s) 6, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Ducauchuis et al., US 5,537,720.
Regarding claim 6, Ducauchuis discloses the surface fastener according to claim 1, wherein: the maximum heightwise size of each of the engaging elements (6-8) in a heightwise direction (HM) is measured from the base part (20).
Ducauchuis does not explicitly disclose (not to scale) that the maximum heightwise size of the engaging element (6-8) is set greater than four times a size of the engaging element (6-8) in the first direction at the middle position, and the size of the engaging element in the first direction at the middle position is set greater than a size of the stem portion (50) in a widthwise direction. 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 modify the engaging elements to be sized and dimensioned as claimed since the general concept of providing the engaging elements in groups (7, 8, 6) and spaced for engagement has been set forth in the prior art and a modification of such values is within the level of ordinary skill in the art. Further, it is noted that it is well known in the art to modify the structural designs (the lengths) of the engaging elements (the stems in particular) to increase or decrease deflection forces in order for the peel force and tension force of the surface fastener (strip) to be increased or decreased.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 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. Applicant has argued that Takizawa does not disclose the added limitations for an independent shape of each engaging element, i.e., each engaging head has its own stem portion. The argument is found not persuasive in view of the new ground of rejection in view of Ducauchuis as rejected 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.
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 ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
Prosecution Insights