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 Interpretation
The claims recite limitations related to sewing and weaving as methods of attaching the various elements of the device, however, the recitations are set forth as “sewn” and “integrally woven” which can be interpreted to be structural. Examiner will provide evidence that these methods, and the ensuing structures that result from these methods, are obvious and well-known in the art, however, it is noted that these limitations are also considered to be product-by-process limitations and “even though product-by-process claims are limited by and defined by the process, the patentability of the product does not depend on its method of production. Determination of patentability is based on the product itself. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process", In re Thorpe, 227 USPQ 964, 966. See MPEP 2113.
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) 1-5 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen, U.S. Patent 8,499,422 in view of Dono, U.S. Patent 8,590,117 and Wang, U.S. Patent 9,173,458.
Regarding Claim 1, Jacobsen teaches:
a first zipper (2), including a first left zipper tape (2b), a first right zipper tape (2b), a first
left zipper tooth (2a) attached to one end of the first left zipper tape, and a first right zipper tooth (2a) attached to one end of the first right zipper tape;
a second zipper (1), including a second left zipper tape (1b), a second right zipper tape (1b), a second left zipper tooth (1a) attached to one end of the second left zipper tape, and a second right zipper tooth (1a) attached to one end of the second right zipper tape;
a left extension tape (3a), wherein one end of the left extension tape is attached with the first left zipper tape and the second left zipper tape;
a right extension tape (3b), wherein one end of the right extension tape is attached with the first right zipper tape and the second right zipper tape; and
a slider (13), used to enable the first left zipper tooth and the first right zipper tooth to be fittingly engaged to or disengaged from each other, and to enable the second left zipper tooth and the second right zipper tooth to be fittingly engaged to or disengaged from each other (figs. 1, 5, 6).
Jacobsen explicitly teaches “sewing” (see Jacobsen, Col 7, Lns 20-25), but does not explicitly teach zipper teeth sewn to a zipper tape.
Dono teaches a zipper that employs zipper teeth being sewn to a zipper tape (see Dono, 84, 85, 86).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Jacobsen with the zipper teeth sewn to the zipper tape because sewing is notoriously old and well-known in the art and the sewing threads would fasten the teeth individually to the tape to permit flexibility (because sewing threads are flexible and the tape is flexible) such that the engaged tooth array would remain engaged while the teeth and tape undergo the bending that occurs during normal use (such as the normal use of garments or luggage).
Jacobsen-Dono does not teach the extension tapes “integrally woven” with the zipper tapes.
Wang teaches a zipper that employs a zipper tape being “woven” (see Col 5, Lns 42-55).
It would have been further obvious to provide Jacobsen-Dono with the teachings of Wang (see above) such that the extension tape would “integrally woven” with the zipper tape because weaving is notoriously old and well-known and weaving would provide open spaces (Wang, 620) that “can be filled up by applied waterproof adhesive” (Wang, Col 5, Lns 52-54).
Regarding Claim 2, Jacobsen, in the instant combination, teaches the first left and right zipper teeth attached to the first left and right zipper tapes and the second left and right zipper teeth being attached to the second left and right zipper tapes (see figs. 1-2).
Jacobsen broadly teaches sewing (see rejection of Claim 1 above), but does not explicitly teach sewing the teeth to the tape or sewing lines or the teeth being attached to the zipper tapes on an outer side.
Dono explicitly teaches sewing zipper teeth to zipper tapes along sewing lines (see Dono, 84, 85, 86, see Figs. 14-15).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Jacobsen with the teachings of Dono such that the zipper teeth would be sewn to the zipper tape on a zipper line because the zipper line would ensure the teeth remain in the appropriate spacing (i.e., in a line) to create proper engagement (see Dono, Figs. 2, 14-15) and sewing would permit flexibility in use (as stated above in the rejection of Claim 1).
Jacobsen-Dono does not teach the teeth attached to zipper tapes on an outer side.
Wang explicitly teaches teeth attached an outer side of a tape (see Figs. 7-9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Jacobsen-Dono with the teachings of Wang such that the zipper teeth would be on an outer side of the of the zipper tape because placing the teeth on the outside allows the zipper tape to provide a backing substrate for the teeth and would draw the zipper tape portions into close proximity (see Wang, fig. 9) which would reduce water permeability of the device when the teeth are engaged.
Regarding Claim 3, Jacobsen is silent with regard to third left and right zipper teeth on the inner side of the first left and right zipper tape.
In addition to the teachings set forth in the rejection of Claim 2 (see above), Wang teaches a zipper tape with teeth on the inner side of a tape and the outer side of a tape (see figs. 7-9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the instant combination with the third left and right zipper teeth on the inner side of the first left and right zipper tapes because that would increase the overall strength of the zipper.
Regarding Claim 4, Jacobsen, in the instant combination, teaches the first left and right zipper teeth attached to the first left and right zipper tapes and the second left and right zipper teeth being attached to the second left and right zipper tapes (see Figs. 1-2).
Jacobsen broadly teaches sewing (see rejection of Claim 1 above), but does not explicitly teach sewing the teeth to the tape or sewing lines or the teeth being attached to the zipper tapes on the inner side.
Dono explicitly teaches sewing zipper teeth to zipper tapes along sewing lines (see 84, 85, 86, see Figs. 14-15).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Jacobsen with the teachings of Dono such that the zipper teeth would be sewn to the zipper teeth on a zipper line because the zipper line would ensure the teeth remain in the appropriate spacing (i.e., a line) to create proper engagement (see Dono, Figs. 2, 14-15) and sewing would permit flexibility in use (as stated above in the rejection of Claim 1).
Jacobsen-Dono does not teach the teeth attached to an inner side of tape.
Wang explicitly teaches teeth attached to the inner side of a tape (see Wang, Figs. 7-9).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first zipper teeth of Jacobsen-Dono sewn to the inner side of the first zipper tapes because placing the teeth on the inner side would create an exterior substrate and a protective skin for the teeth and also draw the zipper tape portions into close proximity (see Wang, Fig. 9) which would reduce water permeability of the device when the teeth are engaged.
Regarding Claim 5, Examiner notes that the limitation “tooth gap” is not believed to be a term-of-art and appears to be referring to the offset between the sets of zipper teeth apparent in fig. 4 of Applicant’s disclosure. Jacobsen, in the instant combination, clearly teaches a tooth gap of the first left and right zipper teeth and a tooth gap of the second left and right zipper teeth being misaligned when the teeth are fittingly engaged (see Fig. 2, see element “d”).
Regarding Claim 9, Jacobsen, in the instant combination, teaches:
Wherein the slider is a dual-layer slider (13) arranged integrally, a first layer of the dual-layer slider (15a) is used to enable the first left zipper tooth and the first right zipper tooth to be fittingly engaged to or disengaged from each other, and a second layer of the dual-layer slider (15b) is used to enable the second left zipper tooth and the second right zipper tooth to be fittingly engaged to or disengaged from each other (Col 6, Lns 12-20).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen-Dono-Wang as applied to claim 9 above, and further in view of Wang, D887,306.
Regarding Claim 10, Jacobsen, in the instant combination, teaches:
the dual-layer slider is provided with a top plate (see below), a middle plate (see below), and a bottom plate (see below) sequentially from top to bottom, the top plate is connected to the middle plate through a first guide column (see below), the middle plate is connected to the bottom plate through a second guide column (see below); the top plate, the middle plate, and the first guide column form the first layer of the dual-layer slider (see below), and the middle plate, the bottom plate, and the second guide column form the second layer of the dual-layer slider (see below).
Jacobsen does not teach:
Wherein a front end of the bottom plate is arranged at a rear side of a front end of the first guide column.
Wang ‘306 teaches a dual-layer slide (fig. 2) with the lower layer being offset back relative to the upper layer slider (see fig. 2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the instant combination (specifically the slider of Jacobsen) with the front and back offset taught by Wang ‘306 because that would ensure that outermost layer of the zipper is completely engaged even if the inner layer cannot be fully engaged (due to the effect of garments or other objects on the interior of the cavity to which the zipper is applied).
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Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen-Dono-Wang as applied to claim 1 above, and further in view of Wang, CN 106,213,697.
All the aspects of the instant invention are disclosed above but for:
Wherein a size of the first left zipper tooth differs from a size of the second left zipper tooth.
Wherein a width of the first zipper is greater than a width of the second zipper.
Wang ‘697 teaches:
Wherein a size of the first left zipper tooth differs from a size of the second left zipper tooth (see fig. 3).
Wherein a width of the first zipper is greater than a width of the second zipper (see fig. 3, note width).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the zipper teeth of different sizes and widths because this would help offset the engaged zipper assemblies which would aid in water impermeability by misaligning areas with potential gaps.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen-Dono-Wang as applied to claim 1 above, and further in view of Chiang, U.S. Patent 11,510,467.
Regarding Claim 8, the instant combination is silent with regard to the claimed features.
Chiang teaches:
A first slider (63) and a second slider (43) separately arranged on separate sets of left and right zipper teeth.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide two separate sliders on the instant combination because that would permit separate use of the two different zipper layers and this would be desirable in certain contexts, such as providing improved breathability for garments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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/M.J.S/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677