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 .
Claim Objections
Claims 7, 8, 10, 15, 16 and 18 are objected to because of the following informalities:
Claim 7 is the same as claim 8 it is suggested to amend the claim or cancel the claim.
Claim 8 is the same as claim 7 it is suggested to amend the claim or cancel the claim.
Claim 10, line 1 “A zipper pull accessory” should be - - The zipper pull accessory - -.
Claim 10, line 2 “a planar elongated body having an upper end” should be - - the elongated body is planar having the upper end - -.
Claim 10, line 3 “an opening” should be - - the opening - -.
Claim 10, line 6 “a label disposed on a front” should be - - the label disposed on the front - -.
Claim 15 is the same as claim 16 it is suggested to amend the claim or cancel the claim.
Claim 16 is the same as claim 15 it is suggested to amend the claim or cancel the claim.
Claim 18, line 1 “A zipper pull accessory” should be - - The zipper pull accessory - -.
Claim 18, line 2 “a planar rectangular elongated body having an upper end” should be - - the elongated body is planar and rectangular having the upper end - -.
Claim 18, line 3 “an opening” should be - - the opening - -.
Claim 18, line 10 “a label disposed on a front” should be - - the label disposed on the front - -.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 5-11 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moser (US Patent No. 3,225,405).
Regarding claim 1, Moser discloses a zipper pull accessory, comprising:
an elongated body having an upper end (see annotated Figs. 3 and 4);
an opening disposed on the upper end of the elongated body (see annotated Fig. 3); and
a label disposed on a front facing of the elongated body (see annotated Fig. 3).
Regarding claim 2, Moser discloses, wherein the elongated body is rectangular (see annotated Fig. 3).
Regarding claim 3, Moser discloses, wherein the elongated body is planar (see annotated Fig. 4).
Regarding claim 5, Moser discloses, wherein the opening includes a strip of material that extends upwardly from one edge of the elongated body and curves around back to connect to a smaller leg on an opposing edge of an upper part of the elongated body (see annotated Fig. 3).
Regarding claim 6, Moser discloses, wherein the strip of material is bent to access the opening, allowing the elongated body adapted to attach the zipper pull accessory to a zipper (see annotated Figs. 3 and 4).
Regarding claim 7, Moser discloses, wherein the label includes an indicia disposed on the label (see annotated Fig. 3).
Regarding claim 8, Moser discloses, wherein the label includes an indicia disposed on the label (see annotated Fig. 3).
Regarding claim 9, Moser discloses, wherein the indicia includes one or more pictures, one or more logos, one or more letters, one or more words, one or more numbers, or any other decorative indicia (see annotated Fig. 3).
Regarding claim 10, Moser further discloses a zipper pull accessory, comprising:
a planar elongated body having an upper end (see annotated Figs. 3 and 4);
an opening disposed on the upper end of the elongated body, the opening includes a strip of material that extends upwardly from one edge of the elongated body and curves around back to connect to a smaller leg on an opposing edge of an upper part of the elongated body (see annotated Fig. 3); and
a label disposed on a front facing of the elongated body, the label includes an indicia disposed on the label (see annotated Fig. 3).
Regarding claim 11, Moser discloses, wherein the elongated body is rectangular (see annotated Fig. 3).
Regarding claim 14, Moser discloses, wherein the strip of material is bent to access the opening, allowing the elongated body adapted to attach the zipper pull accessory to a zipper (see annotated Figs. 3 and 4).
Regarding claim 15, Moser discloses, wherein the indicia includes one or more pictures, one or more logos, one or more letters, one or more words, one or more numbers, or any other decorative indicia (see annotated Fig. 3).
Regarding claim 16, Moser discloses, wherein the indicia includes one or more pictures, one or more logos, one or more letters, one or more words, one or more numbers, or any other functional indicia (see annotated Fig. 3).
Regarding claim 17, Moser discloses, wherein the zipper pull accessory is adapted to replace another traditional zipper pull accessory that customizes a user’s zipper and clothing as desired (see annotated Fig. 3).
Regarding claim 18, Moser further discloses a zipper pull accessory, comprising:
a planar rectangular elongated body having an upper end (see annotated Figs. 3 and 4);
an opening disposed on the upper end of the elongated body, the opening includes a strip of material that extends upwardly from one edge of the elongated body and curves around back to connect to a smaller leg on an opposing edge of an upper part of the elongated body, the strip of material is bent to access the opening, allowing the elongated body adapted to attach the zipper pull accessory to a zipper, and the strip of material is resilient such that it is biased toward a closed position, preventing the zipper pull accessory from accidentally adapted to releasing from the zipper (see annotated Fig. 3); and
a label disposed on a front facing of the elongated body, the label includes an indicia disposed on the label, the indicia includes one or more pictures, one or more logos, one or more letters, one or more words, one or more numbers, or any other decorative indicia or functional indicia (see annotated Fig. 3).
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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 4, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Moser (US Patent No. 3,225,405).
Regarding claims 4 and 12, Moser discloses the claimed invention except for the elongated body is made of metal. At the time of the invention, it would have been obvious to a person having ordinary skill in the art to have the elongated body is made of metal, 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, 125 USPQ 416. It is obvious to have pull tab made of metal.
Regarding claim 13, Moser discloses the claimed invention except for the elongated body is made of plastic. At the time of the invention, it would have been obvious to a person having ordinary skill in the art to have the elongated body is made of plastic, 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, 125 USPQ 416. It is obvious to have pull tab made of plastic.
Conclusion
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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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677