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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8, 2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 - 8 and 10 - 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaper, US 2,032,858 in view of Takamatsu, US 3,121,928.
Regarding claim 1, Schaper discloses a fastener chain comprising: a left fastener stringer (the left series of elements); and a right fastener stringer (the right series of elements), the left fastener stringer and the right fastener stringer respectively attached to left and right attached bodies (2, 11) covering a front side disposed on the fastener chain, wherein: each of the left and right fastener stringers each comprises a fastener tape (2) including an underlying portion (33), and a fastener element array (an array of coupling elements), the fastener element array including a plurality of elements (30), each of the plurality of elements (30) being fixed to the portion (33), each of the elements (30) comprises an element base (the body of element 30) and an element head portion (7), the element base being provided with a tape fixing portion (for affixing to the portion 33 of the tape 2 in the figures 2, 3, 5 and 6) to which the portion (33) is fixed (see figure 2), an engagement portion (the projections 7 and recesses 6 of opposing elements 30) is provided in a state in which the element head portions (7) are engaged with each other (see figure 5), the respective element bases (bodies of 30) of the plurality of elements (30) of the left and right fastener stringers include inner side surfaces (inward facing surfaces of the element bodies of 30) that are opposed to each other in a right-left direction (figure 5), the element base of each of the plurality of elements (30) is provided with a stepped portion (1) on an upper side of the element base, and is provided with a protrusion (18) on the stepped portion (see the figures 2, 3, 5 and 6), the protrusion (18) including an upper surface of the element base and protruding upward (see figures 2, 3, 5 and 6), a space (between the inner side surfaces of the engaged left and right element bases of 30, above the engagement portion) in which the left and right attached bodies (2, 11) are to be sandwiched (figure 5) in the right-left direction in the state in which the element head portions (7) are engaged with each other, is provided between the respective protrusions (18) of the pair of left and right fastener stringers (figure 5), on an upper side relative to the engagement portion (see figure 5), the stepped portion (1) includes a bottom surface continuous with the inner side surfaces (the underside of 1 meets the inward facing surface of the element body of 30 at the step boundary; see figures 2 and 5), the protrusion (18) in one of the left fastener stringer or the right fastener stringer is continuous with the inner side surface in a direction orthogonal to a) a length direction of the fastener chain and b) the right-left direction (18 rises vertically from the ‘stepped portion’ 1 and its base is contiguous with the inner side surface of the element base in the up-down direction, which is orthogonal to both the chain length direction and the right-left direction; figure 5), at a position close to (figure 5), with respect to the bottom surface, the space in the right-left direction and a front side in the length direction (the elements 30 on opposing stringers are staggered in the chain length direction such that the protrusion 18 on one stringer element 30 is positioned toward the front side of the inter-element space relative to the bottom surface; figure 5), the protrusion (18) in another of the left fastener stringer or the right fastener stringer is continuous with the inner side surface in the direction orthogonal to a) the length direction and b) the right-left direction (same vertical continuity; figure 5), at a position close to (figure 5), with respect to the bottom surface, the space in the right-left direction and a rear side in the length direction (the stagger of the opposing stringer’s elements 30 positions that stringer’s protrusion 18 on the other stringer toward the rear of the inter-element space relative to the bottom surface), and a clearance in the length direction of the fastener chain is provided between adjacent protrusions (18) of the protrusions (18) in the fastener element array (of the elements 30), the adjacent protrusions (18) being adjacent to each other in the length direction (adjacent elements 30 along each stringer are spaced apart in the chain length direction providing a clearance between successive protrusions 18).
Schaper does not explicitly disclose the fastener tape (2) includes a code core at the underlying portion (33) of the tape (2) as shown in the drawings. Takamatsu teaches a fastener chain wherein the fastener tape (4) includes a code core (8) that is attached to the plurality of elements (1) at an equivalent portion of the fastener tape when compared to the tape of Schaper. 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 fastener tape (2) of Schaper to include a code core (8) as taught by Takamatsu in order to provide a reinforcement member to strengthen said tape by providing load distribution along the length of the tape.
Regarding claim 2, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 1. Schaper further discloses wherein the element head portion (7) is configured to protrude toward the elements (30) on a partner side from the element base (body of 30), and the engagement portion (the projections 7 and recesses 6 of opposing elements 30) defines a lower portion of the space (see figure 5).
Regarding claim 3, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 1. Schaper further discloses wherein the element head portion (7) comprises an engagement protrusion portion (7) and an engagement recess portion (6), and the engagement recess portion (6) is configured to protrude (in a lateral direction of the element 20) toward a corresponding one of the left and right fastener stringers on a partner side in a right-left direction (the lateral direction) relative to an inner side surface of the element base (body of 30), the inner side surface defining the space (see figure 5), the right-left direction intersecting an up-down direction of the elements (30) and a longitudinal direction (along a length) of the fastener tape (2).
Regarding claim 4, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 1. Schaper further discloses wherein the element head portion (7) comprises an engagement protrusion portion (7) and an engagement recess portion (6), and further comprises an extended portion (the edge portion between 6 & 7) disposed between the engagement recess portion (6) and the space (see figure 5), and the extended portion (see the upper horizontal line of element 6 in figure 5) defines a bottom surface of the space (figure 5).
Regarding claim 5, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 4. Schaper further discloses wherein a height difference between an upper surface of the extended portion (of the head portion 7) and an upper surface of the element base (body of 30) is provided as illustrated in the figure 2. The combination does not expressly teach the height is greater than or equal to 3 mm. However, it is well known in the art that coupling elements vary in size depending on the intended application, with heavy duty fastener chains having larger elements and correspondingly greater height differences between the extended portion upper surface and the element base upper surface. Further, the height difference is closely related to a space provided near recesses (9) to ensure free and smooth sliding movement of a slider member (12) over the fastener element array. Therefore, the examiner takes Official Notice to consider a 3 mm or greater height difference since 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 height difference of the combination of Schaper and Takamatsu to be greater than or equal to 3 mm for a heavier duty fastener chain.
Regarding claim 6, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 4. Takamatsu further teaches wherein a connector portion (an end portion of the tape 4) that is continuous with the code core (8) of the fastener tape (4) is disposed in the space (see figure 2), and a joint position (see an annotated figure 2 below) at which the fastener tape (4) and one or more of the elements (1) are or the fastener tape is joined to each of the attached bodies is set in a first region (see the annotated figure 2 for the region of the joint position) defined between an upper surface (see the annotated figure 2) of the extended portion and an upper surface of the element base (3), the first region being where the fastener tape (4) is disposed in the space.
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Regarding claim 7, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 6. Takamatsu further teaches wherein the fastener tape (4) and one or more of the elements (1) are or the fastener tape is configured to be sewn to each of the attached bodies at the joint position (see the annotated figure 2 above; the tape 4 and the elements 1 are at said joint position).
Regarding claim 8, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 7. Schaper further discloses wherein the joint position is set in a second region (comprising the space and the elements 30), the second region being, in a state before or after an opening force is applied to the left and right attached bodies (11, 11): inside the first region, and between a) a position separated from the upper surface of the element base (body of 30) by a distance between the upper surface and a bottom surface of the space and b) a position of the bottom surface of the space, and the fastener tape (2) and one or more of the elements (30) are in the region.
The combination does not expressly teach the distance is one third between the upper surface and the bottom surface of the space. However, Takamatsu has taught a space C (as shown in the annotated figure 2) that is dependent on an edge portion (6) of a slider member (7) to ensure smooth sliding of the slider member. It is obvious that the distance would vary due to the size of the slider member (7). Therefore, 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 a height distance of the base of the element (30) so that the distance is “one third” as claimed since the general concept of providing the distance has been set forth in the prior art and a modification of such values is within the level of ordinary skill in the art.
Regarding claim 10, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 1. Schaper further discloses wherein an area of an upper surface (a tip of 1) of the element base is smaller than an area (a side surface area of the portion 18 extending downwardly towards element 9 in the figure 2) corresponding to a bottom surface of the stepped portion (1).
Regarding claim 11, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 1. Takamatsu further teaches wherein the fastener tape (4) is provided in the space with a connector portion (of the tape 4; see the annotated figure 2) continuous with the code core (8) being bent upward (see the annotated figure 2), and as modified, the combination further teaches a vertical position of a bottom surface of the stepped portion (1 of Schaper) is a position (in the height direction) that is the same as a bent position (to locate at the same height on the fixing portion 2) at which the connector portion is bent (see the annotated figure 2 of Takamatsu), or is a position closer to the bent position than to an upper surface of the element base.
Regarding claim 12, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 1. The combination further teaches wherein a joint position at which the fastener tape (2) and one or more of the elements (30) are or the fastener tape is joined to each of the attached bodies (11, 11) is set in a region (comprising the space and the elements 30), the region being, in a state before or after an opening force is applied to the left and right attached bodies (11, 11), between a position separated from an upper surface of the element base (body of 30) by a distance between the upper surface and a bottom surface of the space (see figure 5), and a position of a bottom surface of the (modified) stepped portion (1 of Schaper), and the fastener tape (2) and one or more of the elements (30) are (of the combination) or the fastener tape (2) is configured to be sewn to each of the attached bodies (11, 11) in the region.
The combination of Schaper and Takamatsu does not expressly teach the distance is one third between the upper surface and the bottom surface of the space. However, Takamatsu discloses a space C (as shown in the annotated figure 2) that is dependent on an edge portion (6) of a slider member (7) to ensure smooth sliding of the slider member. It is obvious that the distance would vary due to the size of the slider member (7). Therefore, 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 modify the base of the element (30) so that the distance is “one third” as claimed since the general concept of providing the distance has been set forth in the prior art and a modification of such values is within the level of ordinary skill in the art.
Regarding claim 13, the combination of Schaper and Takamatsu teaches the fastener chain according to claim 1. Schaper further discloses wherein the stepped portion (1) is disposed on an upper surface of the element base (the portion of the element 30 near the recess 9) at a position on an opposite side to the space (see the middle line 3 of Schaper in figure 5).
Response to Arguments
Applicant's arguments filed April 8, 2026 have been fully considered but they are not persuasive. Applicant has amended claim 1 to include new features not previously presented; the amendment has necessitated a new ground of rejection as set forth above. As rejected, the combination of Schaper and Takamatsu teaches the claimed fastener chain as required in the claims.
Applicant has argued that Schaper does not disclose attached bodies sandwiched in a space provided between the respective protrusions. The argument is found not persuasive because as rejected, Schaper discloses strips (2, 11) whose margins (33) are clamped between the body of each element (30) and its projection (1), with the covering strips meeting at the middle line (3) when the fastener is closed (figure 5). The strips (2, 11) are the attached bodies and the region between the projections (1) of the opposing stringers above the engagement constitutes the space which they are sandwiched.
Applicant further argues that Schaper, alone or in view of Takamatsu, does not teach the claimed arrangement (as amended) of the protrusions. The argument is found not persuasive in view of the rejection of the claimed invention set forth above (claim 1) wherein the staggered positioning of the coupling elements (30) provides the claimed arrangement.
Lastly, Applicant argues that the Official Notice regarding the 3 mm height difference for claim 5 was properly traversed in the October 3, 2025 response. The argument is found not persuasive because the October 3, 2025 response argued only that claim 5 should be allowable for the reason that it depends from allowable claim 1. No argument was directed specifically to the Official Notice taken with respect to the limitation of claim 5, namely that a height difference of 3 mm or greater is a known dimensional variable within the level of ordinary skill in the art. An argument that a dependent claim is allowable solely by virtue of its dependence from an independent claim does not constitute a traversal of an Official Notice directed to that dependent claim’s own limitation. Accordingly, the noticed fact is properly taken as admitted prior art, and the rejection of claim 5 is maintained.
Conclusion
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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