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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3, 7 and 9-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The examiner finds that the claimed “actuating unit to move the first guiding element and/or the second guiding element of the guiding arrangement”, “an actuating unit configured to move the first and second belt elements in a synchronous manner, wherein the actuating unit is a motor”, “wherein the actuating unit is configured to move the first guiding element and the second guiding element of the guiding arrangement”, and “wherein the actuating unit is configured to move the first and second guiding elements” is not described by the specification, drawings or disclosure as a whole to enable one of having ordinary skill in the art to make and use the claimed invention to have the claimed results. The specification states that reference numeral 48 in Figure 1 indicates the claimed actuating unit, however element 48 in Figure 1 is depicted as a flat, rectangular plate upon which other elements are mounted. There is no structure disclosed that would cause movement of the guiding elements. Additionally, there is no structure disclosed to allow the guiding elements of the guiding arrangement to be moved. Also, the specification states “According to Fig. 1, the actuating unit 48 is a motor enabling to move the both belt elements 10, 20 preferably in synchronous or synchronized manner” which appears to directly contradict the claims, and conflates the claimed drive unit and actuating unit. There is no further description of how a flat-plate is a motor, how the guiding elements can be moved when they are shown fixedly attached to the flat plate, there is no structure disclosed to synchronize the alleged movement and the disclosure directly contradicts the claims as to the function of the actuating unit.
The state of the prior art, which one skilled in the art would have known at the time the application was filed, about the subject matter to which the claimed invention pertains, does not teach the necessary structure to make and use the invention to have the claimed results without undue experimentation.
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 1-10 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.
Claims 1 and 10 recite “a zip-fastening manner” and “a zip-like manner” which is unclear and renders the claims indefinite. Specifically, it is unclear if these claim terms describe the same function, a different function, or how they are related, and the belt zipper system required by the claims cannot be determined.
Claim 4 recites “have a defined distance in a horizontal direction of the first plane” which is generally unclear and renders the claim indefinite. Specifically, it is unclear what “have a distance” means, and how it relates to the guiding elements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-6 and 8, as best understood, is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Grasl (USPN 6,419,603).
Grasl discloses a belt actuator system, comprising: at least a drive unit (single motor, Column 5, lines 18-20, moves the guiding elements by rotating them with the belts); a belt zipper system (see Fig. 2) configured to form a third belt element (16) in a zip-fastening manner of a first belt element (14) and a second belt element (15) comprising: a guiding arrangement (30) configured to move the first belt element and the second belt element in a synchronous manner; a first zip-fastening arrangement (17/18), wherein the first zip-fastening arrangement is configured to connect a first part (20) of the first belt element with a second part (21) of the second belt element in a zip-like manner to obtain the third zip-fastened belt element, and wherein the drive unit is connected to (via 17) the first zip-fastening arrangement configured to drive the first zip-fastening arrangement , wherein the defined first distance of the first plane of the guiding arrangement related to the second plane of the first zip-fastening arrangement in a defined horizontal and / or vertical direction; wherein the first guiding element and at least a second guiding element (see Fig. 2) of the guiding arrangement have a defined distance in horizontal direction of the first plane; wherein the belt elements comprise a belt surface (see Fig. 2, side of belts 14 and 15 opposite of where 20/21 are formed) having a plurality of tooth-like form elements (see Fig. 2); wherein the coils of the first zip-fastening arrangement comprises each a coil surface (see Fig. 2, 17/18 have teeth that mesh with the toothed belts) having a plurality of tooth-like form elements that is identical to the belt surface of the belt elements; wherein the actuating unit is a motor (column 5, lines 18-20) enabling to move the both belt elements in synchronous manner; wherein the belt elements are made of a same material (belts are described as being cut from the same extrusion, see at least Column 3, lines 47-51).
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Regarding the rejection of claim 3 under 35 U.S.C. 112(a), Applicant argues “amended claim 3, and specifically the feature of "the actuating unit is configured to move the first guiding element of the guiding arrangement", is sufficiently described in the application, as filed. As background, "a guiding arrangement 40, 42, 44 comprising a first movable guiding element 42" is recited in paragraph [0019] of the specification. "[T]he guiding arrangement 40, 42, 44 in FIG. 1 comprises an actuating unit 48 to move the first guiding element 42 of the guiding arrangement 40". (See, for example, paragraph [0020]). The first guiding element 42 is depicted as a cylindrical component having a rotational axis that is movably coupled to the actuating unit 48. (See, for example, Fig. 2). Although the actuating unit 48 illustrated in Fig. 1 is depicted as being flat, the perspective view of Fig. 2 illustrates the actuating unit 48 as having a depth. A person having ordinary skill in the art would appreciate that the actuating unit 48 moves the first guiding element 42 of the guiding arrangement 40, 42, 44, which is configured to guide the first belt element and the second belt element in a synchronous manner. Referring to the Office's reference of an actuating unit recited in claim 7, it should be appreciated that because the actuating unit is coupled to a variety of components where some of the components are coupled to the belt elements, the actuating unit may be configured to move at least one of the first and second belt elements and/or the first guiding element. Applicant believes that amended claim 3 is sufficiently enabled by the specification and respectfully requests that the Section 112(a) rejection be withdrawn.”
This was not found to be persuasive as the statement in Paragraph [0020] simply states that the actuating unit can move the guiding elements without providing any detail as to the structure or components to make such movement possible.
Additionally, the specification goes on to directly contradict this statement by stating “According to Fig. 1, the actuating unit 48 is a motor enabling to move the both belt elements 10, 20 preferably in synchronous or synchronized manner” in paragraph [0030].
Furthermore, in paragraph [0021] the specification states “In this respect, it should be noted that alternatively, the belt actuator system 100 may comprise a drive unit 120 to drive the first zip-fastening arrangement 50 and its corresponding coils 52, 54 instead of the actuating unit 48.” Which contradicts the passage relied upon by applicant to support the actuating unit moving the guiding element(s), and further contradicts claims which define both a drive unit and an actuating unit simultaneously.
One having ordinary skill in the art would not appreciate that the actuating unit 48 moves the first guiding element 42 of the guiding arrangement 40, 42, 44, which is configured to guide the first belt element and second belt element in a synchronous manner, as asserted by Applicant. A person of ordinary skill would be unable to make and/or use the claimed invention, due to the lack of enabling disclosure. As such the 112(a) rejection of Claim 3 is maintained. It is noted that amended claim 7, and new claims 9 and 10 also claim subject matter not enabled by the disclosure, as detailed in the rejection above.
Regarding the rejection of claims 1-8 under 35 U.S.C. 112(b), Applicant amended the claims and asserts that such amendments were sufficient to overcome the rejections. As detailed in the rejection above, claims 1, 4 and 10 are still indefinite.
Regarding the rejection of claims 1-2 and 4-8 under 35 U.S.C. 102(a)(1)/(a)(2), Applicant argues that the Grasl reference “does not anticipate a single motor of a drive unit for driving two coils of a zip-fastening arrangement” and instead “Grasl describes that a device with an individual sprocket is driven by a motor. However, in embodiments where a device includes two sprockets, Grasl is silent regarding how the sprockets are driven”. Applicant then goes on to assume “it would be anticipated that each sprocket is driven by its own motor”.
This was not found to be persuasive, as Applicant’s assumption of a second motor that is not disclosed by Grasl cannot be used to overcome the anticipatory rejection. As Grasl discloses a single motor, a single motor drives the disclosed embodiments. The interlocking nature of the belts disclosed in Grasl would allow a single motor driving one of the sprockets to turn both sprockets of the device.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618