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 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 (on a left side); and a right fastener stringer (on a right side), the left fastener stringer and the right fastener stringer respectively attached to left and right attached bodies (11, 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 (comprising elements 1 and 18; proximal to element 9) and an element head portion (comprising element 7), the element base (1, 18) 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 (between the elements 30 along the left-right direction) is provided in a state in which the element head portions (7) are engaged with each other (when the coupling elements 30 are engaged), the respective element base (1, 18) of the plurality of elements (30) of the left and right fastener stringers include inner side surfaces (of the respective elements 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 bases; see figure 5) in which the left and right attached bodies (11, 11) are to be sandwiched (in between said space) 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 (see figure 5), the bottom surface in one of the left fastener stringer or the right fastener stringer is continuous with the inner side surface at a position close to (figure 5), with respect to the protrusion (18), a rear side in a length direction of the fastener chain, the bottom surface in another of the left fastener stringer or the right stringer is continuous with the inner side surface at a position close to (figure 5), with respect to the protrusion (18), a front side in the length direction of the fastener chain (the elements 30 are offset along the length of the fastener chain), and a clearance in the length direction of the fastener chain is provided between the protrusions (18) in the fastener element array (of the elements 30).
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 (1, 18), and the engagement portion (between said head portions 7) defines a lower portion of the space (1, 18).
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 (1, 18), 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 (1, 18) 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 noted that 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 and that it is well known in the art for coupling elements (also known as zipper teeth) to vary in sizes for their applications (larger sizes would indicate a more heavy-duty fastener chain). Therefore, the examiner takes Official Notice to consider a 3mm 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 3mm 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 (1, 18) 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 (1, 18) 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 October 3, 2025 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.
Examiner’s assertion of official notice from the Office Action mailed July 8, 2025 with regards to increase the fastening elements size for heavy duty use is now taken to be admitted prior art due to Applicant's failure to traverse said official notice (see MPEP § 2144.03).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677