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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 17, 2026 has been entered.
Claim Objections
Claim 8 is objected to because of the following informalities: the claim was previously withdrawn from consideration and depended from claim 7 (which is now canceled); claim 8 should be amended to depend from claim 1 and remains withdrawn from consideration as being drawn to a nonelected species. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: the term “and” in line 11 should be removed; it is possible the term should be relocated to line 18 of the claim after the recited “the center aperture;”. Appropriate correction is required.
Claim 21 is objected to because of the following informalities: the claim depends from a canceled claim 12 (by the amendment filed August 17,2026). Appropriate correction is required.
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.
Claim 21 is 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.
As best understood, claim 21 probably depends from claim 11 since claim 12 has been canceled; however, there is no proper antecedent basis for the claimed “the male bottom portion rivet” in line 2. Appropriate correction is required.
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) 1-2, 4-6, 11, 13, 15-16, and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steinke, II, US 2018/0368531 in view of Kanno et al., US 11,528,967.
Regarding claim 1, Steinke, II discloses a locking mechanism [used with an article of clothing], the locking mechanism comprising: a top locking component comprising: a male top rivet portion (10) having a turning head (a top portion of 10) and a first rivet element (11) extending away from the turning head, and a female top portion (20) having a center cavity (see the cavity portion of 20 in figure 3A) and a center protrusion (see protrusion element 22 in figure 3B) disposed on opposite sides of the female top portion (figure 3B), the female top portion (20) further comprising a plurality of legs (21), each of the plurality of legs (21) comprising a winged projection (an end portion that is projecting outwardly) extending outward from the center cavity (see figure 3B), the center cavity being fixedly coupled to the first rivet element (11) to radially form a gap (see figure 5) between the turning head (of 10) and the female top portion (20), [wherein a first section of the article of clothing is disposed along the gap and further wherein the top locking component is rotatable about the first section of said article of clothing]; and a bottom locking component comprising: a female bottom portion (30) having a top surface (see figure 1) and a bottom surface (figure 3B) opposite the top surface, the female bottom portion (30) comprising a center aperture (see figure 3A) and a plurality of recesses (31) extending from the top surface (figure 3A), wherein each of the plurality of recesses (31) comprises an upper ceiling (see the annotated figure 3A), a side wall (see the annotated figure 3A below), and a bumper (32) forming a locking cavity (see the annotated figure 3A), the female bottom portion (30) further comprising a plurality of gripping elements disposed on the bottom surface, and a male bottom portion rivet (50) having a second rivet element (see the annotated figure 3A) fixedly coupled to the center aperture of the female bottom portion (30), [wherein a second section of the article of clothing is configured to be disposed between the female bottom portion (30) and the male bottom portion rivet (50) and further wherein the bottom locking component is non-rotatable about the second section of said article of clothing]; and wherein the top locking component is removably coupled to the bottom locking component (via the top locking component being rotatable to release from the bottom locking component).
Steinke II does not explicitly disclose the female bottom portion (30) further comprising a plurality of gripping elements fixedly coupled to the bottom surface and extending away from the center aperture. Kanno teaches a female snap button (40) attachable to a fabric (2), the female snap button comprising a female bottom portion (50) having a bottom surface (lower surface of wall 54, which abuts the upper surface 2a of 2) and a center aperture (58), the female bottom portion further comprising a plurality of gripping elements (57) fixedly coupled to the bottom surface and extending away from the center aperture (each gripping element 57 extends continuously downward from the wall 54 in a direction away from the aperture 58 and penetrates the fabric 2 downward), wherein the fabric (2) is held between the female portion (50) and a fixing member (30) applied from the other surface of the fabric.
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 female bottom portion (30) of Steinke II to include gripping elements (57) as taught by Kanno in order to penetrate the second cloth and thereby securely attach and hold the bottom locking component to the cloth together with the male bottom portion rivet and prevent unwanted movement of the bottom locking component relative to the cloth.
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 locking mechanism, 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 snap lock taught by the combination of Steinke II (US 2018/0368531) and Kanno (US 11,528,967), 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.
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Regarding claim 2, the combination of Steinke II and Kanno teaches the locking mechanism of claim 1. Steinke II further discloses wherein each of the winged projections (of 21) is disposed inside one of the locking cavities (to be engaged), each of the winged projections (of 21) being locked into place by the side wall (to limit the movement of the projections), the upper ceiling (above said projections), and the bumper (32) of the respective locking cavity.
Regarding claim 4, the combination of Steinke II and Kanno teaches the locking mechanism of claim 1. Steinke II further discloses wherein the plurality of recesses (31) is evenly distributed from the center aperture (see the annotated figure 3A) of the female bottom portion (30).
Regarding claim 5, the combination of Steinke II and Kanno teaches the locking mechanism of claim 1. Kanno further teaches wherein the plurality of gripping elements (57) engages with the second section (2a) of the article of clothing (2).
Regarding claim 6, the combination of Steinke II and Kanno teaches the locking mechanism of claim 1. Steinke II further discloses wherein the center protrusion of the female top portion (20) contacts the center aperture of the female bottom portion (30) during engagement of the top and bottom locking components (see figure 1).
Regarding claim 11, Steinke II discloses a locking mechanism, comprising: a top locking component comprising: a male top rivet portion (10) having a turning head (having ridges) and a first rivet element (11) extending away from the turning head, and a female top portion (20) having a center cavity (see figure 3A) and a center protrusion (22) disposed on opposite sides of the female top portion (figure 3B), the female top portion further comprising a plurality of legs (21), each of the plurality of legs comprising a winged projection (end portions of said legs projecting outwardly) extending outward from the center cavity (figure 3A), the center cavity being fixedly coupled to the first rivet element (11) to radially form a gap (see figure 2) between the turning head and the female top portion (20); and a bottom locking component comprising: a female bottom portion (30) having a top surface (see figure 3A) and a bottom surface opposite the top surface (see figure 3B), the female bottom portion comprising a center aperture (see the annotated figure 3A) and a plurality of recesses (31) extending from the top surface, wherein each of the plurality of recesses comprises an upper ceiling (see the annotated figure 3A), a side wall (see the annotated figure 3A), and a bumper (32) forming a locking cavity (see the annotated figure 3A); and wherein the top locking component is removably coupled (via rotation of the top locking component) to the bottom locking component.
Steinke II does not explicitly disclose the female bottom portion (30) further comprising a plurality of gripping elements fixedly coupled to the bottom surface and extending away from the center aperture. Kanno teaches a female snap button (40) attachable to a fabric (2), the female snap button comprising a female bottom portion (50) having a bottom surface (lower surface of wall 54, which abuts the upper surface 2a of 2) and a center aperture (58), the female bottom portion further comprising a plurality of gripping elements (57) fixedly coupled to the bottom surface and extending away from the center aperture (each gripping element 57 extends continuously downward from the wall 54 in a direction away from the aperture 58 and penetrates the fabric 2 downward), wherein the fabric (2) is held between the female portion (50) and a fixing member (30) applied from the other surface of the fabric. 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 female bottom portion (30) of Steinke II to include gripping elements (57) as taught by Kanno in order to penetrate the second cloth and thereby securely attach and hold the bottom locking component to the cloth together with the male bottom portion rivet and prevent unwanted movement of the bottom locking component relative to the cloth.
Regarding claim 13, the combination of Steinke II and Kanno teaches the locking mechanism of claim 11. Steinke II further discloses wherein each of the winged projections (of 21) is disposed inside one of the locking cavities (to be engaged), each of the winged projections (of 21) being locked into place by the side wall (to limit the movement of the projections), the upper ceiling (above said projections), and the bumper (32) of the respective locking cavity.
Regarding claim 15, the combination of Steinke II and Kanno teaches the locking mechanism of claim 11. Steinke II further discloses wherein the plurality of recesses (31) is evenly distributed from the center aperture (see the annotated figure 3A) of the female bottom portion (30).
Regarding claim 16, the combination of Steinke II and Kanno teaches the locking mechanism of claim 11. Steinke II further discloses wherein the center protrusion of the female top portion (20) contacts the center aperture of the female bottom portion (30) during engagement of the top and bottom locking components (see figure 1).
Regarding claim 20, the combination of Steinke II and Kanno teaches the locking mechanism of claim 1. The combination further teaches wherein a free end of each of the plurality of gripping elements (57 of Kanno) terminates at a surface of the male bottom portion rivet (50 of Steinke II when the gripping elements protrude from the bottom portion 30 of Steinke II; the tip edge of each claw 57 of Kanno penetrates the fabric 2 downward and then butts against the inclined part 32 of the fixing member 30 before being guided from the aperture 35 and crimped inside the claw accommodation part 33).
Regarding claim 21, as best understood, the combination of Steinke II and Kanno teaches the locking mechanism of claim 11. The combination further teaches wherein a free end of each of the plurality of gripping elements (57 of Kanno) terminates at a surface of the male bottom portion rivet (50 of Steinke II when the gripping elements protrude from the bottom portion 30 of Steinke II; the tip edge of each claw 57 of Kanno penetrates the fabric 2 downward and then butts against the inclined part 32 of the fixing member 30 before being guided from the aperture 35 and crimped inside the claw accommodation part 33).
Response to Arguments
Applicant's arguments filed August 17, 2026 have been fully considered but they are not persuasive. Applicant’s arguments have been considered but they are moot in view of the new ground of rejection set forth above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-6, 11, 13, 15-16, and 20-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,660,892 in view of Kanno et al, US 11,528,967. Although the claims at issue are not identical, they are not patentably distinct from each other for the reasons set forth below.
The claims of the instant application read on the claims of US 12,660,892 except for a male top rivet portion having a turning head and a first rivet element, a center protrusion disposed on a side of the female top portion opposite the center cavity, a male bottom portion rivet having a second rivet element, or a plurality of gripping elements fixedly coupled to the bottom surface and extending away from the center aperture. Kanno teaches a female snap body (50) comprising a plurality of gripping elements (57) fixedly coupled to a bottom surface (54) and extending away from a center aperture (58), a free end of each gripping element terminating at a surface of a fixing member (30). US 12,660,892 further discloses a fastener that secures the cover to the hinged plate and a rivet that attaches the fastener system to an article of clothing.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the fastener system in US 12,660,892 with the rivet and cover structures disclosed therein and with gripping elements as taught by Kanno, in order to attach the fastener system to a cloth and prevent unwanted movement of the bottom member relative to the cloth.
In particular, the instant claim 1 reads on the reference claim 1 and in view of Kanno; the instant claims 2 and 13 read on the reference claims 1, 3-5, and 9-10 and in view of Kanno; the instant claims 4 and 15 read on the reference claims 1, 8, 12, and 14 and in view of Kanno; and the instant claims 5-6, 11, 16 and 20-21 read on the reference claim 1 and in view of Kanno.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kanzaka, US 4,562,624 discloses a snap fastener comprising a female member having a bottom with a plurality of radial reinforcing ribs (31) that bite into the garment piece to prevent rotation.
Tanikoshi, US 5,940,940 discloses a button attaching fastener wherein rotation preventing projections (7) are formed on a garment facing surface of a button cap.
Watanabe, US 4,698,881 discloses annular gripping portions located remote from the joint for retaining a socket member against rotation.
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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