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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 7, 2026 has been entered.
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 15-17 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. Claim 15 has been amended to require the closure elements (20) of the closure part and the closure elements (22) of the further closure part (24) are the same structures “identical in shape, size, and material, and engage with each other without complementary recess structures” in which the specification has failed to provide original support for. As originally disclosed, the elements (22) are formed by cutting elements (20) in paragraph [0030] and shown in figure 1, thereby producing structures (20, 22) that differ in shape and size. Additionally, the cutting of elements (20) to form the hook-shaped closure elements (22) creates the complementary recesses (open hook structures) that receive the corresponding (loop) elements (20). As a result, the specification has failed to provide disclosure or suggest for the amended features requiring the identical shape and size of the elements (20, 22) and the negative limitation of no complementary recess structures (in either closure elements 20, 22). Claims 16-17 depend from claim 15, and therefore are also rejected under this section.
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.
Claim(s) 1 and 5-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straumann, US 2019/0040283 in view of Poulakis, US 2009/0036013 (hereinafter Poulakis ‘013).
Regarding claim 1, Straumann discloses a connection system, consisting essentially of: a fastening part (4) that has at least one carrier part (nanostructures) with a plurality of stem-like fastening elements (elastic hair elements of the gecko nanostructures) connected thereto in one piece (see figures 1 and 3), wherein a head part (distal ends of the elastic hair elements; the head part of the fastening elements) of each of the plurality of stem-like fastening elements (elastic hair) [are configured to be fastened at their free end faces by means of adhesion to third-party components (10) in a releasable manner]; and a closure part (6) and a further closure part (12), wherein the closure part (6) is firmly connected to the fastening part (4) on an opposite side to the plurality of stem-like fastening elements (figure 3), the closure part (6) having closure elements (14), which, when brought into engagement with further, correspondingly designed closure elements (16) of the further closure part (12), form a releasable fastening closure; wherein the further closure part (12), on its side opposite the further closure elements (16), [is configured to be fastened to a functional component with a connecting means].
Straumann does not explicitly disclose the further closure part (12), on its side opposite the further closure elements (22), includes an adhesive [that is configured to be fastened to a functional component with the adhesive].
Poulakis ‘013 teaches a connection system wherein the closure part, on its side opposite the further closure elements (18; loops, hooks, or mushroom-like elements in paragraph [0017]), includes an adhesive (30) [that is configured to be fastened to a functional component (32) with the adhesive (30)]. It would have been obvious to a person having ordinary skill it the art before the effective filing date of the claimed invention to modify the further closure part of Straumann to provide an adhesive layer on its face opposite the further closure elements as taught by Poulakis ‘013 in order to fasten that further closure part to a functional component (such as a seat covering or foam cushion).
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 connection system, 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 reusable system taught by the combination of Straumann (US 2019/0040283) and Poulakis ‘013 (US 2009/0036013) or Poulakis (2005/0268439), 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.
Regarding claim 5, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses wherein, between the fastening part (4) and the closure part (6), at least one layer (see a solid line between elements 4 and 6; see paragraph [0021] regarding a flexible carrier so that the tape 2 can be bonded to the flexible carrier) is configured to be inserted and consists of a flexible, inelastic material (e.g. a sheet of polymers), wherein it is a component, [designed as a further carrier part], of the fastening part (4).
Regarding claim 6, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses wherein the fastening part (4) with its components (nanostructures), [for adhering to curved surfaces of the associated third-party component], is designed as a flexible component (tape 2 is flexible).
Regarding claim 7, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses wherein the fastening part (4) and the closure part (6) consist of translucent plastic materials (a polymer material is translucent).
Regarding claim 8, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses wherein the fastening elements of the fastening part (4), arranged in groups (when covered partly of the surface; paragraph [0016]), leave spaces between them, which lead to a visually recognizable segmentation (when the partly covered side 4 is considered).
Regarding claim 9, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses [wherein the spaces left free between the groups of fastening elements (partly covered with the nanostructures) are used to accommodate functional components, such as electronic components, magnets, and imprints].
Regarding claim 10, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses [wherein the closure elements (14) of at least one closure part (6), arranged in groups (of hook elements), leave spaces between them, which lead to a visually recognizable segmentation].
Regarding claim 11, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses [wherein the spaces left free between the groups of closure elements (14) are used to accommodate functional components, such as electronic components, magnets, and imprints].
Regarding claim 12, the combination of Straumann and Poulakis ‘013 teaches the connection system according to claim 1. Straumann further discloses wherein the closure elements (14) of the closure parts consist of hooks (14a), double hooks, mushrooms, loops, stems, multifilaments, and flocking fibers (or any other suitable structure that may mechanically couple with attachment counterparts).
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straumann, US 2019/0040283 in view of Poulakis, US 2005/0268439 (hereinafter Poulakis ‘439).
Regarding claim 13, Straumann discloses a connection system, consisting essentially of: a fastening part (4) that has at least one carrier part (nanostructures) with a plurality of stem-like fastening elements (elastic hair elements of the gecko nanostructures) connected thereto in one piece (figures 1 and 3), wherein a head part (distal ends of the elastic hair elements; the head part of the fastening elements) of each of the plurality of stem-like fastening elements (elastic hair) [are configured to be fastened at their free end faces by means of adhesion to third-party components (10) in a releasable manner]; and a closure part (6) that is firmly connected to the fastening part (4) on an opposite side to the plurality of stem-like fastening elements (figure 3), the closure part (6) having closure elements (14), [which, when brought into engagement with further, correspondingly designed closure elements (16) of a further closure part (12), form a releasable fastening closure].
Straumann does not explicitly disclose wherein the closure elements (14) consist of loop-shaped threads formed from continuous textile fibers anchored in the closure part and extending outward in loop configurations; however, Straumann has disclosed the closure elements (14) can be of any suitable structure that may mechanically couple with attachment counterparts.
Poulakis ‘439 discloses a closure part (14) having closure elements (18) wherein the closure elements (18) consist of loop-shaped threads (the part 14 is comprised of filaments 16 as pile threads; see figure 2) formed from continuous textile fibers (see paragraph [0002] for “functional filaments of which may consist of textile fibers”) anchored in the closure part and extending outward in loop configurations (figure 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the closure elements of Straumann with the closure elements which consist of loop-shaped threads that is taught by Poulakis ‘439 to provide an alternative closure element shape for purpose of peel strength and abrasion reduction.
Regarding claim 14, the combination of Straumann and Poulakis ‘439 teaches the connection system of according to claim 13. Poulakis ‘439 further teaches wherein at least some of the closure elements (18) of the further closure part and/or the closure elements of the closure part (14) include a cut laterally at a head end of the loop-shaped thread (see figure 1 and paragraph [0017]; cutting the loops 22, 24 open to produce a fastener hook which may engaging corresponding nonwoven or fleece material of another fastening element not shown).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straumann, US 2019/0040283 in view of Suh, US 2011/0271497.
Regarding claim 15, Straumann discloses a connection system, consisting essentially of: a fastening part (4) that has at least one carrier part (nanostructures) with a plurality of stem-like fastening elements (elastic hair elements of the gecko nanostructures) connected thereto in one piece (figures 1 and 3), wherein a head part (distal ends of the elastic hair elements; the head part of the fastening elements) of each of the plurality of stem-like fastening elements (elastic hair) [are configured to be fastened at their free end faces by means of adhesion to third-party components (10) in a releasable manner]; and a closure part (6) that is firmly connected to the fastening part (4) on an opposite side to the plurality of stem-like fastening elements (figure 3), the closure part (6) having closure elements (14), [which, when brought into engagement with further, correspondingly designed closure elements (16) of a further closure part (12), form a releasable fastening closure].
Straumann does not explicitly disclose wherein the closure elements of the closure part and the closure elements of the further closure part are the same structures identical in shape, size, and material, and engage with each other without complementary recess structures. Rather, the closure elements (14, 16) are complementary mating pairs instead of identical structures.
Suh teaches an adhesive fastening system wherein the closure elements (120) of the closure part (110) and the closure elements (220) of the further closure part (210) are the same structures identical in shape, size, and material, and engage with each other without complementary recess structures (see figure 4). 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 closure elements of Straumann by substituting the closure elements (14, 16) with identical elements (120, 220) as taught by Suh because identical closure elements on both closure parts eliminate the need for complementary hook and loop geometry while providing superior adhesion.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straumann, US 2019/0040283 in view of Suh, US 2011/0271497 as applied to claim 15 above, and further in view of Poulakis, US 2005/0268439 (Poulakis ‘439).
Regarding claim 16, the combination of Straumann and Suh teaches the connection system of according to claim 15. The combination does not expressly teach wherein the closure elements consist of loop-shaped threads; however, Straumann has disclosed the closure elements (14) can be of any suitable structure that may mechanically couple with attachment counterparts. Poulakis ‘439 discloses a closure part (14) having closure elements (18) wherein the closure elements (18) consist of loop-shaped threads (the part 14 is comprised of filaments 16 as pile threads and having loops 22, 24; see figure 2). 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 substitute the closure elements of the combination of Straumann and Suh with the closure elements shape consisting of loop-shaped threads as taught by Poulakis ‘439 to provide an alternative closure element shape for purpose of peel strength and abrasion reduction.
Regarding claim 17, the combination of Straumann, Suh and Poulakis ‘439 teaches the connection system of according to claim 16. Poulakis ‘439 further teaches wherein at least some of the closure elements of the further closure part and/or the closure elements of the closure part include a cut laterally at a head end of the loop-shaped thread (see paragraph [0017]).
Response to Arguments
Applicant's arguments filed April 7, 2026 have been fully considered but they are not persuasive. In view of the amendment to claims 1, 3-12 and 15, the prior 35 U.S.C. §102 rejection is withdrawn and replaced by a 35 U.S.C. §103 rejection set forth above. With regards to claim 1, the amendment has necessitated a new ground of rejection to address “an adhesive” on a side opposite the closure elements. Applicant’s argument concerning the §102 rejection is not persuasive in view of the rejection of the claim above wherein the teaching reference by Poulakis ‘013 is combined to provided the claimed adhesive layer. Regarding claim 15, the added limitations have been considered new matter as set forth above under 35 U.S.C. §112. Further, the teaching reference by Suh has provided for the claimed “identical” feature of the closure elements since the modification would eliminate the need for complementary shape connection. Additionally, said modification would not alter the principle of operation of Straumann since the system of Suh is similarly an adhesive connection system.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a gecko-like adhesive fastening part in claim 13) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). It is further noted that loop-shaped textile fiber closure elements as taught by Poulakis ‘439 are well-known and widely used alternative form of fastening elements for hook and loop fastening system. The substitution of one known type of closure element for another to achieve the same releasable fastening function would have been a matter of routine design choice (yielding predictable results with a reasonable expectation of success). Both Straumann and Poulakis ‘439 are directed to fastening systems in the same field of art and one considering closure elements of Straumann seeking to use a textile loop construction would have been led to using the loop-shaped fiber closure elements of Poulakis ‘439 as a known and readily available alternative.
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. For example, Poulakis, US 2008/0222856 discloses a connection system comprising fastening parts and closure elements (12) wherein the hooking elements carry a connecting means (36) formed from a plurality of projecting rods (38) that effect adhesion to a functional component without additional projections.
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.
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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
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