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 Objections
Claim 1 is objected to because of the following informalities: at line 14 of claim 1, “once” should be - - one - -. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1, 2 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Provost et al. (US 5,953,797).
Regarding claim 1, Provost et al. teach a method of manufacturing a surface fastener (Abstract) made of synthetic resin, the surface fastener including a base part and a plurality of engaging elements, the base part having a first surface and a second surface that are located opposite each other, the engaging elements each including a stem portion and an engaging head, the stem portion projecting in a thickness direction from the first surface of the base part, the engaging head formed integrally with a distal end of the stem portion, the engaging head having a shape that spreads outwardly in a direction orthogonal to the thickness direction to the distal end of the stem portion (col. 1, lines 40-44; col. 2, line 48-col. 3, line 32; col. 5, lines 32-60; col 7, lines 28-35; Figures 1, 2, 6, and 8-12), wherein the method comprises: a molding step of molding a pre-fastener body from the synthetic resin that is melted, the pre-fastener body including the plurality of engaging elements (col. 1, lines 40-44; col. 2, line 48-col. 3, line 32; col. 5, lines 32-40; col 7, lines 28-35; Figures 1, 2, and 8-12); and a thickness-adjusting step of adjusting, after the molding step, a thickness dimension of the surface fastener by pressing the pre-fastener body in the thickness direction to decrease the thickness dimension of at least a portion of the pre-fastener body (Figure 6 (56) (57) (60) (62) (64); Figures 6a, 6b, 11 and 12; col. 7, line 28-col. 8, line 67; col. 11, line 48-col. 11, line 7), wherein, when a direction orthogonal to a machining direction (MD) of the thickness-adjusting step is defined as a cross direction (CD), the thickness-adjusting step includes making difference of reduction amounts of the stem portions in a thickness dimension between at least two of the engaging elements by applying respectively different pressing forces to the at least two engaging elements, the at least two engaging elements being located at different positions each other of the pre-fastener body in the cross direction (CD) (Figure 6 (56) (57) (60) (62) (64); Figures 6a and 6b showing preforms; Figures 11 and 12 showing some stems and hooks getting flat-topped and some not being pressed to form a flat top; col. 7, line 28-col. 8, line 67; col. 11, line 48-col. 11, line 7; the different pressing forces as claimed can take place in one embodiment between (56) and (57) and in other embodiment between (62) and (64) and in another embodiment between both nips, as describe in the cited portions of the reference).
As to claim 2, Provost et al. teach the method includes: introducing the pre-fastener body between a pair of upper and lower thickness-adjusting rollers to press the pre-fastener body or the deformed fastener body in the thickness direction, in the thickness-adjusting step; and heating at a temperature lower than or equal to a melting point of the synthetic resin the pre-fastener body with at least one of the upper thickness-adjusting roller and the lower thickness-adjusting roller (col. 7, line 51-col. 8, line 67).
As to claim 4, Provost et al. teach and disclose the method includes applying a greater pressing force to the engaging elements that are located on an outer side relative to the central area in the cross direction (CD) than to the engaging elements that are located in the central area in the cross direction (CD) in the thickness-adjusting step (col. 7, lines 51-col. 8, line 67; col. 10, line 48-col. 11, line 7; different fasteners are selected to be flat-topped in the CD and fasteners are knocked down in their location with stems facing one direction needing to be knocked down and stems facing the other direction not needing to be knocked down).
As to claim 5, Provost et al. teach the method includes making a dimension of a total thickness of the surface fastener uniform in the cross direction (CD) by performing pressing in the thickness direction, the dimension of the total thickness being a dimension in the thickness direction from the second surface of the base part to top ends of the engaging elements in the thickness-adjusting step (col. 7, line 51-col. 8, line 67; col. 10, line 48-col. 11, line 7; knock down portions to make the heights uniform).
As to claim 6, Provost et al. teach the method as claimed and disclosed including forming the engaging elements of at least two kinds at respectively different positions in the cross direction (Figures 6, 6a, 6b, 11 and 12; col. col. 7, line 51-col. 8, line 67; col. 10, line 48-col. 11, line 7). Pressing these elements as claimed, intrinsically, as set forth in the instant application, results in the stem widths at a central part of the stem portions in the thickness direction in the thickness-adjusting step.
As to claim 7, Provost et al. teach the method as claimed and disclosed including forming at least a first engaging element and a second engaging element in the thickness-adjusting step, the first engaging element being disposed in a central area of the base part in the cross direction (CD), the second engaging element being disposed on an outer side relative to the central area in the cross direction (CD) and having a greater stem width at a central part of the stem portions in the thickness direction than the first engaging element. (Figures 6, 6a, 6b, 11 and 12; col. col. 7, line 51-col. 8, line 67; col. 10, line 48-col. 11, line 7). Pressing these elements as claimed, intrinsically, as set forth in the instant application, results in the stem widths at a central part of the stem portions in the thickness direction in the thickness-adjusting step.
As to claim 8, Provost et al. teach the method includes forming at least two of the engaging elements such that the respective engaging heads have identical shapes, the at least two engaging elements being located at respectively different positions in the cross direction (CD) (Figures 1, 2; 7-10 and 12).
Claims 1, 4 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al. (US 7,162,780).
Regarding claim 1, Martin et al. teach a method of manufacturing a surface fastener made of synthetic resin (Abstract), the surface fastener including a base part and a plurality of engaging elements, the base part having a first surface and a second surface that are located opposite each other, the engaging elements each including a stem portion and an engaging head, the stem portion projecting in a thickness direction from the first surface of the base part, the engaging head formed integrally with a distal end of the stem portion, the engaging head having a shape that spreads outwardly in a direction orthogonal to the thickness direction to the distal end of the stem portion (col. 2, lines 3-7 and 35-42; col. 3, line 6-35; col. 7, lines 34-39; col. 9, lines 4-35; Figures 1-9), wherein the method comprises: a molding step of molding a pre-fastener body from the synthetic resin that is melted, the pre-fastener body including the plurality of engaging elements (col. 9, lines 4-35); and a thickness-adjusting step of adjusting, after the molding step, a thickness dimension of the surface fastener by pressing the pre-fastener body or a deformed fastener body in which at least a portion of the pre-fastener body is subject to at least one deformation process, in the thickness direction to decrease the thickness dimension of at least a portion of the pre-fastener body or the deformed fastener body (Figure 9; Figures 14 and 15 (72) (74) (74’) (76) (62); col. 11, line 57-col. 12, line 14), wherein, when a direction orthogonal to a machining direction (MD) of the thickness-adjusting step is defined as a cross direction (CD), the thickness-adjusting step includes making difference of reduction amounts of the stem portions in a thickness dimension between at least two of the engaging elements by applying respectively different pressing forces to the at least two engaging elements, the at least two engaging elements being located at different positions each other of the pre-fastener body or the deformed fastener body in the cross direction (CD) (Figures 14 and 15 (72) (74) (74’) (76) (62); col. 11, line 57-col. 12, line 14).
As to claim 4, Martin et al. teach and disclose the method includes applying a greater pressing force to the engaging elements that are located on an outer side relative to the central area in the cross direction (CD) than to the engaging elements that are located in the central area in the cross direction (CD) in the thickness-adjusting step (Figures 14 and 15 (72) (74) (74’) (76) (62); col. 11, line 57-col. 12, line 14).
As to claim 6, Martin et al. teach the method includes forming the engaging elements of at least two kinds at respectively different positions in the cross direction, the engaging elements of the at least two kinds differ from each other in the stem widths at a central part of the stem portions in the thickness direction in the thickness-adjusting step (Figures 9, 14 and 15; col. 7, lines 34-39; col. 11, line 57-col. 12, line 14; the difference in width is understood to be an intrinsic property in the instant application).
As to claim 7, Martin et al. teach the method includes forming at least a first engaging element and a second engaging element in the thickness-adjusting step, the first engaging element being disposed in a central area of the base part in the cross direction (CD), the second engaging element being disposed on an outer side relative to the central area in the cross direction (CD) and having a greater stem width at a central part of the stem portions in the thickness direction than the first engaging element (Figures 9, 14 and 15; col. 7, lines 34-39; col. 11, line 57-col. 12, line 14; the difference in width is understood to be an intrinsic property in the instant application).
As to claim 8, Martin et al. teach the method includes forming at least two of the engaging elements such that the respective engaging heads have identical shapes, the at least two engaging elements being located at respectively different positions in the cross direction (CD) (Figure 9).
Claims 1-4 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petersen et al. (US 2005/0202205, IDS document).
Regarding claim 1, Petersen et al. teach a method of manufacturing a surface fastener made of synthetic resin (Abstract), the surface fastener including a base part and a plurality of engaging elements, the base part having a first surface and a second surface that are located opposite each other, the engaging elements each including a stem portion and an engaging head, the stem portion projecting in a thickness direction from the first surface of the base part, the engaging head formed integrally with a distal end of the stem portion, the engaging head having a shape that spreads outwardly in a direction orthogonal to the thickness direction to the distal end of the stem portion (Figures 1a, 2, 3b; paragraphs [0045] and [0046]), wherein the method comprises: a molding step of molding a pre-fastener body from the synthetic resin that is melted, the pre-fastener body including the plurality of engaging elements (Figures 1a, 2, 3b; paragraphs [0011]-[0015], [0045], [0046], [0051]-[0069]); and a thickness-adjusting step of adjusting, after the molding step, a thickness dimension of the surface fastener by pressing the pre-fastener body or a deformed fastener body in which at least a portion of the pre-fastener body is subject to at least one deformation process, in the thickness direction to decrease the thickness dimension of at least a portion of the pre-fastener body or the deformed fastener body (paragraph [0064] – take the stretched fastener and then pass it between the rolls; paragraphs [0080], [0084], [0095], [0110], [0148]), wherein, when a direction orthogonal to a machining direction (MD) of the thickness-adjusting step is defined as a cross direction (CD), the thickness-adjusting step includes making difference of reduction amounts of the stem portions in a thickness dimension between at least two of the engaging elements by applying respectively different pressing forces to the at least two engaging elements, the at least two engaging elements being located at different positions each other of the pre-fastener body or the deformed fastener body in the cross direction (CD) (paragraphs [0045], [0064] – take the stretched fastener and then pass it between the rolls; paragraphs [0071], [0075], [0080], [0084], [0095], [0110] and [0148]; as set forth in paragraphs [0010]-[0012] of the instant application, stretching as disclosed prior to pressing will intrinsically result in the forces being different).
As to claim 2, Petersen et al. teach the method includes: introducing the pre-fastener body or the deformed fastener body between a pair of upper and lower thickness-adjusting rollers to press the pre-fastener body or the deformed fastener body in the thickness direction, in the thickness-adjusting step; and heating at a temperature lower than or equal to a melting point of the synthetic resin the pre-fastener body or the deformed fastener body with at least one of the upper thickness-adjusting roller and the lower thickness-adjusting roller (Figure 2; paragraphs [0064]).
As to claim 3, Petersen et al. teach the method includes: molding a tentative base part that is formed integrally with the plurality of engaging elements and that supports the engaging elements in the molding step; and forming the deformed fastener body after the molding step and before performing the thickness-adjusting step, the deformed fastener body being obtained by performing a drawing step of drawing the pre-fastener body in the machining direction (MD) to decrease a thickness dimension of the tentative base part and to deform the tentative base part into the base part (paragraphs [0045], [0046], [0064]).
As to claim 4, in Petersen et al., the monoaxial stretching as set forth above will intrinsically produce a nonuniform height as set forth in paragraphs [0010]-[0012] of the instant application. When such a nonuniform material is pressed between the rollers of Petersen et al. (Figure 2), the same force distribution as set forth in the claim will occur based on the height differences.
As to claims 6 and 7, in Petersen et al., the unequal deformation will produce an unequal width as claimed intrinsically from the stretching (paragraph [0064] of Petersen et al. and paragraphs [0010]-[0012] of the instant specification).
As to claim 8, Petersen et al. teach the method includes forming at least two of the engaging elements such that the respective engaging heads have identical shapes, the at least two engaging elements being located at respectively different positions in the cross direction (CD). (Figure 3a, 3b (14)).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Provost et al. (US 5,953,797), as applied to claims 1, 2, and 4-8 above, and further in view of Wood et al. (US 8,961,850).
As to claim 3, Provost et al. teach the method set forth above. Provost et al. do not teach molding a tentative base part that is formed integrally with the plurality of engaging elements and that supports the engaging elements in the molding step; and forming the deformed fastener body after the molding step and before performing the thickness-adjusting step, the deformed fastener body being obtained by performing a drawing step of drawing the pre-fastener body in the machining direction (MD) to decrease a thickness dimension of the tentative base part and to deform the tentative base part into the base part.
However, Wood et al. teach an analogous method wherein a tentative base part that is formed integrally with the plurality of engaging elements and that supports the engaging elements in the molding step; and forming the deformed fastener body after the molding step and before performing the thickness-adjusting step, the deformed fastener body being obtained by performing a drawing step of drawing the pre-fastener body in the machining direction (MD) to decrease a thickness dimension of the tentative base part and to deform the tentative base part into the base part (col. 15, line 64-col. 17, line 67; stretching the fastener as claimed before further shaping/pressing with an implement).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Provost et al. and Wood et al. and to have stretched the fastener of Provost et al. as claimed prior to performing the subsequent shaping/pressing step, as suggested by Wood et al., for the purpose, as suggested by Wood et al. of reducing the thickness/cost of the backing layer and to further control the density/spacing of the fasteners to achieve desired final product properties.
Claims 6 and 7 rejected under 35 U.S.C. 103 as being unpatentable over Provost et al. (US 5,953,797), as applied to claims 1, 2, and 4-8 above, and further in view of and further in view of Gallant et al. (US 2014/0237779). Note: this is an alternative rejection of claims 6 and 7.
As to claims 6 and 7, as set forth above, practicing the method as claimed and disclosed is described in the instant specification as providing the width difference as claimed. Alternatively, Gallant et al. analogously teach and suggest the pressing can form different widths as claimed (paragraph [0095]).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Provost et al. and Gallant et al. and to have produced the different stem widths as claimed in the method of Provost et al., as suggested by Gallant et al., for the purpose, as suggested by Gallant et al., of providing an additional location for the fastener to grip a loop.
Claims 2, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. (US 7,162,780), as applied to claims 1, 4, and 6-8 above, and further in view of Gallant et al. (US 2014/0237779). Note: this is an alternative rejection of claims 6 and 7.
As to claim 2, Martin et al. teach the method set forth above, including pressing the fastener with an upper roller and heating as set forth above. Martin et al. do not teach the method includes: introducing the pre-fastener body between a pair of upper and lower thickness-adjusting rollers to press the pre-fastener body or the deformed fastener body in the thickness direction, in the thickness-adjusting step; and heating at a temperature lower than or equal to a melting point of the synthetic resin the pre-fastener body or the deformed fastener body with at least one of the upper thickness-adjusting roller and the lower thickness-adjusting roller. However, Gallant et al. teach an analogous method wherein the pressing is performed by upper and lower rollers as claimed (Figure 1 (121) (123); paragraphs [0055]-[0057], [0084], [0087], [0088], [0095], [0101]).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Martin et al. and Gallant et al. and to have used upper and lower rollers as claimed to press the fasteners in the method of Martin et al., as suggested by Gallant et al., for the purpose, as suggested by the references, of effectively pressing the fastener in an art recognized manner that facilitates a continuous process (e.g. through the addition of a lower roller).
As to claims 6 and 7, as set forth above, practicing the method as claimed and disclosed is described in the instant specification as providing the width difference as claimed. Alternatively, Gallant et al. analogously teach and suggest the pressing can formed different widths as claimed (paragraph [0095]).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Martin et al. and Gallant et al. and to have produced the different stem widths as claimed in the method of Martin et al., as suggested by Gallant et al., for the purpose, as suggested by Gallant et al., of providing an additional location for the fastener to grip a loop.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. (US 7,162,780), as applied to claims 1, 4, and 6-8 above, and further in view of Wood et al. (US 8,961,850).
As to claim 3, Martin et al. teach the method set forth above. Martin et al. do not teach molding a tentative base part that is formed integrally with the plurality of engaging elements and that supports the engaging elements in the molding step; and forming the deformed fastener body after the molding step and before performing the thickness-adjusting step, the deformed fastener body being obtained by performing a drawing step of drawing the pre-fastener body in the machining direction (MD) to decrease a thickness dimension of the tentative base part and to deform the tentative base part into the base part.
However, Wood et al. teach an analogous method wherein a tentative base part that is formed integrally with the plurality of engaging elements and that supports the engaging elements in the molding step; and forming the deformed fastener body after the molding step and before performing the thickness-adjusting step, the deformed fastener body being obtained by performing a drawing step of drawing the pre-fastener body in the machining direction (MD) to decrease a thickness dimension of the tentative base part and to deform the tentative base part into the base part (col. 15, line 64-col. 17, line 67; stretching the fastener as claimed before further shaping/pressing with an implement).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Martin et al. and Wood et al. and to have stretched the fastener of Martin et al. as claimed prior to performing the subsequent shaping/pressing step, as suggested by Wood et al., for the purpose, as suggested by Wood et al. of reducing the thickness/cost of the backing layer and to further control the density/spacing of the fasteners to achieve desired final product properties.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Petersen et al. (US 2005/0202205), as applied to claims 1-4 and 6-8 above, and further in view of Provost et al. (US 2001/0000365, IDS document).
As to claim 5, Petersen et al. teach the method as set forth above. Petersen et al. do not teach making a dimension of a total thickness of the surface fastener uniform in the cross direction (CD) by performing pressing in the thickness direction, the dimension of the total thickness being a dimension in the thickness direction from the second surface of the base part to top ends of the engaging elements in the thickness-adjusting step. However, Provost et al. teach an analogous method wherein the dimensions are made uniform as claimed (Figure 6; paragraph [0013]).
Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Petersen et al. and Provost et al. and to have made the dimensions of total thickness uniform in the method of Petersen et al., as suggested by Provost et al., of providing a fastener that will uniformly grip a female/loop fastener and to produce a roll fastener that is able to be wound with a uniform thickness/with no bulge in the roll.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art references disclose analogous methods of producing a surface fastener.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeff Wollschlager whose telephone number is (571)272-8937. The examiner can normally be reached M-F 7:00-3:30.
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/JEFFREY M WOLLSCHLAGER/Primary Examiner, Art Unit 1742