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 .
Specification
The title of the invention is misdescriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claim 1 recites “a pouch” which is unclear how the structure recited defines a pouch. There is no recited structural relationship that cooperate with each other to form “a pouch.”
Claim 1 recites “5” as a part of formula disclosed in lines 8-10, which renders the claim unclear and indefinite on what 5 is representing in the formula.
Claim 1 recites “an engaging section,” which renders the claim unclear and indefinite the structure “the engaging section” is derived from in the claim.
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.
Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by May (U.S. 2002/0064320).
As for Claim 1, May discloses a pouch, comprising: with
a slide fastener (114); and
a slider (150) for opening and closing the slide fastener (see para [0027]),
wherein the slide fastener has a recessed strip (130) on one side, and has a raised strip (131) opposing to the recessed strip on the other side (see Fig. 2),
wherein the slider performs an engagement/disengagement between the recessed strip and the raised strip (see para [0027]),
wherein the slider has a portion satisfying [5 < (a maximum width in at least a portion of the slider)/(an outer width at an engaging section when the recessed strip and the raised strip are in an engaging state )] (see para [0038-0040]),
wherein a maximum width in the slider is 1.4 cm to 3 cm (see para [0038-0040]), and
wherein a maximum length in the slider is 2 cm to 5 cm (see para [0038-0040]).
Claim 2. (Currently Amended) The pouch according to claim 1, wherein the slide fastener is made of resin (see para [00028]),
Claim 3. (Currently Amended) The pouch according to of claim 1, wherein, in the slider, a neighboring section (173/175) of a portion having the maximum width includes bumps (173/175 see Figs. 3-4).
Claim 4. (Currently Amended) The pouch according to claim 1, wherein, in the slider, a neighboring section (173/175) of a portion having the maximum width is formed of a soft material or an elastic material (see para [00028]).
Claim 5. (Currently Amended) The pouch according to of claim 1, wherein, in the slider, a neighboring section (173/175) of a portion having the maximum width is formed to be detachable from the slider (see Figs.3-4).
Claim 6. (Currently Amended) The pouch according to claim 1, wherein, in the slider, a neighboring section (173/175) of a portion having the maximum width is fixed to the slider (see Figs. 3-4).
Claim 7. (Currently Amended) The pouch according to claim 1, wherein, in the slider, a neighboring section (173/175) of a portion having the maximum width is provided with a unique character (173/175, see Figs. 3-4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Saad et al. (U.S. 2004/0234173)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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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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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677