DETAILED ACTION
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 and 3 are rejected under 35 U.S.C. 102a(1) as being anticipated by Yates, US 2018/0065312 A1.
Regarding claims 1 and 3, Yates discloses forming a first carrier from a single, continuous, length of elastomeric material (120), with a first and second sides upon which, adding adhesive (130, 140) to the first and second sides of the first carrier (120), forming a first end-user graspable tab (110), at a first end of the first carrier (120), by omitting the application of adhesive to the first end of the first carrier (as can be seen in figures 2A-2B), forming a second end-user graspable tab (115), at a second end of the first carrier (120), by omitting the application of adhesive to the second end of the first carrier (as can be seen in figures 2A-2B), and applying a first segment of inelastic material (150) to the first side of the first carrier. A first inelastic area is located between the first and second end-user graspable tabs (110, 115). Wherein, a first elastic region of the first carrier separates the first end-user graspable tab (110) from the first inelastic area and a second elastic region of the first carrier separates the second end-user graspable tab (115) from the first inelastic area (please see the annotated drawing).
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Regarding claim 3, Yates discloses that the first (first inelastic material) and second tabs (second inelastic material, 110, 115) can be formed from a non-stretchable material that is attached to the extensible tensile sheet (120), which is considered to be a “hybrid” elastomeric material, i.e., a stretchable material that is made of multiple layers ([0019]) of various elastic and thermoplastic elastomers ([0021]). Yates discloses a third inelastic material (150, inherently a rigid plastic hook) located between the first and second tabs.
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.
Claims 2 are rejected under 35 U.S.C. 103 as being unpatentable over Yates, US 2018/0065312 A1. Yates discloses forming a first carrier from a single, continuous, length of elastomeric material (120), with a first and second sides upon which, adding adhesive (130, 140) to the first and second sides of the first carrier (120), forming a first end-user graspable tab (110), at a first end of the first carrier (120), by omitting the application of adhesive to the first end of the first carrier (as can be seen in figures 2A-2B), forming a second end-user graspable tab (115), at a second end of the first carrier (120), by omitting the application of adhesive to the second end of the first carrier (as can be seen in figures 2A-2B), and applying a first segment of inelastic material (150) to the first side of the first carrier. A first inelastic area is located between the first and second end-user graspable tabs (110, 115). Wherein, a first elastic region of the first carrier separates the first end-user graspable tab (110) from the first inelastic area and a second elastic region of the first carrier separates the second end-user graspable tab (115) from the first inelastic area (please see the annotated drawing).
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Regarding claim 2, Yates fails to disclose using the added adhesive (130, 140) for securing the first and second tabs to the ends of the first carrier. Yates discloses attaching the tabs to the tensile sheet (120). Yates discloses the method of adding adhesive (130, 140) to both sides of the tensile sheet (120). It would be within the level of skill in the art to use the same adhesive, in the same operational step of adding the adhesive to both sides of the tensile sheet, for attaching the tabs to the ends of the tensile sheet in the subsequent operation. Adding the adhesive on the ends of the tensile sheet at this same time would save time in the manufacturing of the elastomechanical fastener by eliminating the need for an additional glueing station just for the tabs. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to add adhesive for the tabs in Yates at the same time adhesive is added to the sides of the tensile sheet in order to same cost and time in manufacturing the fastener.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677