DETAILED ACTION
This is in response to a request for continued examination (RCE) filed on 12/15/25 in which claims 15-17 are presented for examination.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/15/25 has been entered.
Claim Objections
Claim(s) 15-17 is/are objected to for the following informalities:
Claim 15 Line 16 before “edges” add –of the four—for clear antecedent basis
Claim 16 Line 23 before “first edges” add –of the four—
Claim 16 Line 54 before “second edges” add –of the four—
Claim 17 Line 10 before “perforated adhesive film” delete “first”
Claim 17 Line 11 before “base layer fabric” delete “first”
Claim 17 Line 11 before “perforated fabric” delete “first”
Claim 17 Line 11 before “perforated adhesive film” delete “first”
Claim 17 Line 12 before “perforated fabric” delete “first”
Claim 17 Line 12 before “surface layer fabric” delete “first”
Claim 17 Line 14 before “edges” add –of the four—
Appropriate correction is required.
Claim Interpretation: Product by Process
Regarding Claim(s) 15, 16-- the recitations are being treated as a product-by-process limitation. It is noted that the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art; more specifically:
the structure of Claim(s) 15 for the term “cold-cut edges” in Line 17 is met inasmuch as the buckle and/or fabrics are capable of being performed upon with such processes, and there are edges
the structure of Claim(s) 16 for the term “cold-cut edges” in Lines 24, 55 is met inasmuch as the buckle and/or fabrics are capable of being performed upon with processes, and there are edges
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.
FIRST REJECTION: Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 115005538), herein Li, in view of Fung (USPN 12396492) and Jian (US Publication 2006/0252345).
Regarding Claim 15, Li teaches a brassiere fastening buckle (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Fig. 2; [0090] "the bra includes a pair of cups, which are respectively connected to the left and right bra straps of the two cups, wherein the buckle 10 is connected to one of the bra straps, and the hook 20 is connected to the other bra strap"), comprising:
a base layer fabric, wherein a buckle ring or a buckle hook is provided on said base layer fabric (see Fig. 2; [0086] "buckles 13…sewn and fixed to the loop base fabric 11");
a perforated fabric, wherein said perforated fabric is provided with a perforation corresponding to said buckle ring or said buckle hook on said base layer fabric to allow said buckle ring or said buckle hook to pass therethrough (see Fig. 2; [0088] "perforated cloth 15…provided with a loop seam 151 corresponding to the number of the buckles 13, and the loop perforated cloth 15 is provided on the loop base fabric 11 in a state where the buckles 13 pass through the loop seam 151"); and
a surface layer fabric (see Fig. 2; [0102] "ring outer layer cloth"),
wherein said base layer fabric is stacked and bonded between said surface layer fabric and said perforated fabric (see Fig. 2; [0102] "the buckle 10 includes two first hot melt adhesive layers 17, one of which is arranged between the ring perforated cloth 15 and the ring base cloth 11, and the other first hot melt adhesive layer 17 is arranged between the ring outer layer cloth 16 and the ring base cloth 11, wherein the first hot melt adhesive layer 17 is in an inactive state with suppressed adhesion, and is suitable for being activated to an active state with adhesion to bond the ring perforated cloth 15 and the ring outer layer cloth 16 to the ring base cloth 11 and the ring connecting cloth 12"),
wherein a perforated adhesive film (17) is provided between said base layer and said perforated fabric (see Fig. 2 for 17 between 11/13 and 15; [0102] “two first hot melt adhesive layers 17, one of which is arranged between the ring perforated cloth 15 and the ring base cloth 11, where Fig. 2 shows the perforations 151 in layer 17 between 11/13 and 15, in order for the buckles 13 to protrude through as in indicated in [0088] “loop perforated cloth 15 is provided with a loop seam 151 corresponding to the number of the buckles 13, and the loop perforated cloth 15 is provided in the loop base fabric 11 in a state where the buckles 13 pass through the loop seam 151”),
another adhesive film (17) is provided between said perforated fabric and said surface layer fabric (see Fig. 2 for 17 between 11/13 and 16; [0102] “two first hot melt adhesive layers 17… the other first hot melt adhesive layer 17 is arranged between the ring outer layer cloth 16 and the ring base cloth 11”),
wherein each of said base layer fabric, said perforated fabric and said surface layer fabric has four edges (see Fig. 2),
wherein the size of said perforated fabric is the same as the size of said base layer fabric, so as to allow said four edges of said perforated fabric to overlap with said four edges of said base layer fabric (see Figs. 1 and 2),
wherein a remaining edge of said first surface layer fabric is overlapped and aligned with the corresponding remaining edge of each of said first perforated fabric and said first base layer fabric (see Figs. 1 and 2, the edge away from 11),
wherein an opening is defined between said remaining edge of said base layer fabric and said remaining edge of said perforated fabric for connecting to a corresponding shoulder strap (see Fig. 2; [0086] "loop base fabric 11 and the ring connecting fabric 12 clamp the corresponding underwear strap"; Li teaches the opening, the base layer fabric remaining edge and the perforated remaining edge which meets the structural limitations in the claims and performs the functions as recited such as being capable of connecting to a corresponding shoulder strap, especially in light of the recitation).
Li at least suggests wherein three edges of each of said surface layer, said perforated fabric, and said base layer fabric are cold-cut edges (see claim interpretation; the recitation “cold-cut” is being treated as a product-by-process limitation. Therefore, even if Li’s edges results in different structural characteristics of the end product than other cutting methods, it still would have been prima facie obvious at the time the invention was made to use cold-cut above as claimed since such a process is a well-known technique in the art. In other words, the method of Li teaches the cold-cutting of Claim 1 because it has the structure of claim 1, i.e. the edges).
Li does not explicitly teach wherein a size of said surface layer fabric is larger than a size of said perforated fabric and a size of said base layer fabric,
wherein said three edges of said surface layer fabric are extended beyond corresponding three edges of each of said perforated fabric and said base layer fabric,
(and therefore) wherein a remaining edge of said surface layer fabric is overlapped and aligned with the corresponding remaining edge of each of said perforated fabric and said base layer fabric,
wherein said surface layer fabric is folded towards said perforated fabric in a manner that three edges of said surface layer fabric are stacked on and connected to said perforated fabric to seal three edges of each of said base layer fabric and said perforated fabric.
Fung teaches wherein a size of said surface layer fabric is larger than a size of said perforated fabric and a size of said base layer fabric (see Figs. 2B, 3A; Col. 3 Lines 28-34 "Fastener 100 or 200 includes a first, hook tape 101/201, and a second, loop tape 102/202, that are reversibly interconnectable. When used with a brassiere, the hook tape 101/201 is attached...to one arm of the brassiere and the loop tape 102/202 is attached...to another arm of the brassiere"; Col. 3 Lines 43-44 "backing sheet 101B/201B are supported on a base layer 101C/201C"; Col. 4 Lines 33-34 "backing sheet 101B is placed over a support layer 101G"; Col. 3 Lines 57-59 "the attachment portion 101D/201D includes a retainer 101AD1/201D1 which is an opened end dimensioned to receive the arm of a brassiere"; for folded-- see Figs. 1-3A for 101C folded; Col. 4 Lines 27-32 "base layer 101C which has three sides attached to corresponding three sides of the support layer 101G/backing sheet 101B to form a pocket with an opened end. Through the opened end, the base layer 101C is moved or flipped to simultaneously reveal the hook connectors 101A and be placed underneath the support layer 101G"; see Fig. 2A; Col. 4 Line 66-Col. 5 Line 7 "base layer 101C is attached to the three sides of the layers underneath it to form a pocket. By flipping the base layer 101C inside out...the base layer 101C is placed under the support layer 101E...three edges where the base layer 101C is attached to the rest of the hook tape 101 are concealed as shown in Figs. 2B to 3B", wherein the fold indicates larger size),
wherein each of said base layer fabric (101B), said perforated fabric (101C or 101G) and said surface layer fabric (the other of 101C or 101G) has four edges (see Figs.),
wherein said three edges of said surface layer fabric are extended beyond corresponding three edges of each of said perforated fabric and said base layer fabric (see Fig. 3A for 101C three edges extending beyond),
(and therefore) wherein a remaining edge of said surface layer fabric is overlapped and aligned with the corresponding remaining edge of each of said perforated fabric and said base layer fabric (see Figs. 1, 3A for overlapped and aligned where 101D is annotated),
wherein said surface layer fabric is folded towards said perforated fabric in a manner that said three edges of said surface layer fabric are stacked on and connected to said perforated fabric to seal said three edges of each of said base layer fabric and said perforated fabric (see Figs. 2B, 3A; Col. 3 Lines 28-34 "Fastener 100 or 200 includes a first, hook tape 101/201, and a second, loop tape 102/202, that are reversibly interconnectable. When used with a brassiere, the hook tape 101/201 is attached...to one arm of the brassiere and the loop tape 102/202 is attached...to another arm of the brassiere"; Col. 3 Lines 43-44 "backing sheet 101B/201B are supported on a base layer 101C/201C"; Col. 4 Lines 33-34 "backing sheet 101B is placed over a support layer 101G"; Col. 3 Lines 57-59 "the attachment portion 101D/201D includes a retainer 101AD1/201D1 which is an opened end dimensioned to receive the arm of a brassiere"; see Figs. 1-3A for 101C folded; Col. 4 Lines 27-32 "base layer 101C which has three sides attached to corresponding three sides of the support layer 101G/backing sheet 101B to form a pocket with an opened end. Through the opened end, the base layer 101C is moved or flipped to simultaneously reveal the hook connectors 101A and be placed underneath the support layer 101G"; see Fig. 2A; Col. 4 Line 66-Col. 5 Line 7 "base layer 101C is attached to the three sides of the layers underneath it to form a pocket. By flipping the base layer 101C inside out...the base layer 101C is placed under the support layer 101E...three edges where the base layer 101C is attached to the rest of the hook tape 101 are concealed as shown in Figs. 2B to 3B"),
wherein an opening is defined between said remaining edge of said base layer fabric and said remaining edge of said perforated fabric for connecting to a corresponding shoulder strap (Col. 3 Lines 28-34, 57-59; Col. 3 Lines 34-36 "possible way of attaching the hook and loop tapes 101/102/201/202 to respective arms of the brassiere may involve adhesive or ultrasonic welding").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s layers with the folding of Fung as a known structure of securing layers in a bra strap.
Li does not explicitly teach that the another adhesive film (17 between 11/13 and 16) is perforated.
Jian teaches a perforated adhesive film (see Fig. 6; [0035] "bra cup 2”; [0035] “a plurality of vents 26 are provided in the tape 25 and extend through the adhesive faces of the tape 25 for ventilation purposes").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s adhesive to be perforated as taught by Jian in order to provide ventilation, as is known for adhesives utilized in bras, which Li is directed to as well.
SECOND REJECTION: Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 115005538), herein Li, in view of Liu (USPN 7128635), Fung (USPN 12396492), and Jian (US Publication 2006/0252345).
Regarding Claim 16, Li teaches a brassiere ([0090] "the bra includes a pair of cups, which are respectively connected to the left and right bra straps of the two cups, wherein the buckle 10 is connected to one of the bra straps, and the hook 20 is connected to the other bra strap") comprising:
a cup portion ([0090] "the bra includes a pair of cups),
a first strap with a first connecting end and a second strap with a second connecting end ([0090]),
a first (10) brassiere fastening buckle ([0090] "the bra includes a pair of cups, which are respectively connected to the left and right bra straps of the two cups, wherein the buckle 10 is connected to one of the bra straps, and the hook 20 is connected to the other bra strap") comprising:
a first base layer fabric (see Claim 15 rejection),
wherein a buckle ring is provided on said first base layer fabric (see Claim 15 rejection);
a first perforated fabric (see Claim 15 rejection),
wherein said first perforated fabric is provided with a first perforation corresponding to said buckle ring on said first base layer fabric to allow said buckle ring to pass therethrough (see Claim 15 rejection); and
a first surface layer fabric (see Claim 15 rejection),
wherein a first perforated adhesive film (17) is provided between said first base layer and said first perforated fabric (see Claim 15 rejection),
another first adhesive film (17) is provided between said first perforated fabric and said first surface layer fabric (see Claim 15 rejection),
wherein said first base layer fabric is stacked and bonded between said first surface layer fabric and said first perforated fabric (see Claim 15 rejection),
wherein each of said first base layer fabric, said first perforated fabric and said first surface layer fabric has four first edges (see Claim 15 rejection),
wherein the size of said first perforated fabric is the same as the size of said first base layer fabric, so as to allow said four first edges of said first perforated fabric to overlap with said four first edges of said first base layer fabric (see Claim 15 rejection),
wherein a remaining first edge of said first surface layer fabric is overlapped and aligned with the corresponding first remaining edge of each of said first perforated fabric and said first base layer fabric (see claim 15 rejection),
wherein a first opening is defined between said first remaining edge of said first base layer fabric and said first remaining edge of said first perforated fabric for connecting said first connecting end of said first strap (see Claim 15 rejection); and
a second (20) brassiere fastening buckle comprising:
a second base layer fabric (see Fig. 4; [0107] "referring to…drawings…4, wherein the buckle hook member 20 includes a hook base fabric 21, a hook connecting fabric 22 and at least one buckle hook 23"; wherein second base layer is "hook base fabric 21"),
wherein a buckle hook (23) is provided on said second base layer fabric;
a second perforated fabric (second perforated fabric is "perforated cloth 25"; [0109] "hook component 20 includes a hook perforated cloth 25 and a hook outer cloth 26, wherein the hook perforated cloth 25 is provided with a hook penetration seam 251 corresponding to the number of the hooks 32, and the hook perforated cloth 25 is provided on the hook base fabric 21 in a state where the hooks 23 pass through the hook penetration seam 251, wherein the hook outer cloth 26 is provided on the other side of the hook base fabric 21"),
wherein said second perforated fabric is provided with a second perforation corresponding to said buckle hook on said second base layer fabric to allow said buckle hook to pass therethrough ([0109]); and
a second surface layer fabric (“hook outer cloth 26”),
wherein said second base layer fabric is stacked and bonded between said second surface layer fabric and said second perforated fabric (see Fig. 4),
wherein a second perforated adhesive film (27) is provided between said first base layer and said first perforated fabric (see Fig. 4; [0118] “hook part 20 includes two second hot melt adhesive layers 27, one of which is arranged between the hook perforated cloth 25 and the hook base cloth 21”, where Fig. 4 shows the perforations 251 in layer 27 between 25 and 21, in order for the hooks 23 to protrude through as indicated in [0109] “hook perforated cloth 25 is provided with a hook penetration seam 251 corresponding to the number of the hooks 23, and the hook perforated cloth 25 is provided on the hook base fabric 21 in a state where the hooks 23 pass through the hook penetration seam 251”)
another first adhesive film (27) is provided between said first perforated fabric and said first surface layer fabric (see Fig. 4; [0118] “hook part 20 includes two second hot melt adhesive layers 27…and the other second hot melt adhesive layer 27 is arranged between the hook outer cloth 26 and the hook base cloth 21”),
wherein each of said second base layer fabric, said second perforated fabric and said second surface layer fabric has four second edges (see Fig. 4),
wherein the size of said second perforated fabric is the same as the size of said second base layer fabric, so as to allow said four second edges of said second perforated fabric to overlap with said four second edges of said second base layer fabric (see Fig. 4),
wherein a remaining second edge of said second surface layer fabric is overlapped and aligned with the corresponding second remaining edge of each of said second perforated fabric and said second base layer fabric (see Fig. 4 for the edge opposite 22),
wherein a second opening is defined between said second remaining edge of said second base layer fabric and said second remaining edge of said second perforated fabric for connecting said second connecting end of said second strap (see Fig. 4; see Fig. 4; [0107] "the hook base fabric 21 and the hook connecting fabric 22 clamp the corresponding underwear strap").
Li at least suggests wherein three first/second edges of each of said first/second surface layer, said first/second perforated fabric, and said first/second base layer fabric are cold-cut edges (see claim interpretation; the recitation “cold-cut” is being treated as a product-by-process limitation. Therefore, even if Li’s edges results in different structural characteristics of the end product than other cutting methods, it still would have been prima facie obvious at the time the invention was made to use cold-cut above as claimed since such a process is a well-known technique in the art. In other words, the method of Li teaches the cold-cutting of Claim 16 because it has the structure of claim 16, i.e. the edges).
Li does not explicitly teach that the first/second straps are shoulder straps,
wherein said first shoulder strap and said second shoulder strap extend respectively from two sides of said cup portion and are configured for mutual connection at said first connecting end and said second connecting end;
wherein a first opening is defined between a first remaining edge of said first base layer fabric and a first remaining edge of said first perforated fabric for connecting said first connecting end of said first shoulder strap; and
wherein a second opening is defined between a first remaining edge of said second base layer fabric and a second remaining edge of said second perforated fabric for connecting said second connecting end of said second shoulder strap.
Liu teaches the brassiere comprises: a cup portion (see Fig. 1; Col. 5 Lines 30-31 "bra 1 includes two breast cup regions 2, 3"),
the straps being shoulder straps (see Fig. 1; Col. 5 Lines 31-32 "from each of the breast cup regions 2, 3 there extends a chest band portions 5,4"; Col. 6 Line 12 "over the shoulder straps 9, 10", wherein shoulder straps are 5, 4, 9, 10),
wherein said two shoulder straps extend respectively from two sides of said cup portion and are configured for mutual connection at said first connecting end and said second connecting end (see Fig. 1; Col. 5 Lines 31-36 "from each of the breast cup regions 2, 3 there extends a chest band portions 5,4 respectively. At the free end 6, 7 of each chest band portion 5, 4 respectively, the chest band portions can become mutually engaged to define a chest band holding the bra about the torso of the wearer of the bra 1").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s brassiere, with the arrangement taught by Liu, as a known effective brassiere arrangement, especially as Li is silent as to these arrangement details.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Li teaches wherein a first opening is defined between a first remaining edge of said first base layer fabric and a first remaining edge of said first perforated fabric for connecting said first connecting end of said first shoulder strap (Li already taught the recitation other than the strap being for a shoulder, as taught by Liu); and
wherein a second opening is defined between a first remaining edge of said second base layer fabric and a second remaining edge of said second perforated fabric for connecting said second connecting end of said second shoulder strap (Li already taught the recitation other than the strap being for a shoulder, as taught by Liu).
Li also does not explicitly teach wherein a size of said first surface layer fabric is larger than a size of said first perforated fabric and a size of said first base layer fabric,
wherein said three first edges of said first surface layer fabric are extended beyond corresponding three first edges of each of said first perforated fabric and said first base layer fabric,
(and therefore) wherein a remaining first edge of said first surface layer fabric is overlapped and aligned with the corresponding first remaining edge of each of said first perforated fabric and said first base layer fabric,
wherein said first surface layer fabric is folded towards said first perforated fabric in a manner that three first edges of said first surface layer fabric are stacked on and connected to said first perforated fabric to seal said three first edges of each of said first base layer fabric and said first perforated fabric,
wherein a size of said second surface layer fabric is larger than a size of said second perforated fabric and a size of said second base layer fabric,
wherein said three second edges of said second surface layer fabric are extended beyond corresponding three second edges of each of said second perforated fabric and said second base layer fabric,
(and therefore) wherein a remaining second edge of said second surface layer fabric is overlapped and aligned with the corresponding second remaining edge of each of said second perforated fabric and second first base layer fabric,
wherein said second surface layer fabric is folded towards said second perforated fabric in a manner that three first edges of said second surface layer fabric are stacked on and connected to said second perforated fabric to seal three second edges of each of said second base layer fabric and said second perforated fabric.
Fung teaches wherein a size of a surface layer fabric is larger than a size of a perforated fabric and a size of a base layer fabric (see Figs. 2B, 3A; Col. 3 Lines 28-34 "Fastener 100 or 200 includes a first, hook tape 101/201, and a second, loop tape 102/202, that are reversibly interconnectable. When used with a brassiere, the hook tape 101/201 is attached...to one arm of the brassiere and the loop tape 102/202 is attached...to another arm of the brassiere"; Col. 3 Lines 43-44 "backing sheet 101B/201B are supported on a base layer 101C/201C"; Col. 4 Lines 33-34 "backing sheet 101B is placed over a support layer 101G"; Col. 3 Lines 57-59 "the attachment portion 101D/201D includes a retainer 101AD1/201D1 which is an opened end dimensioned to receive the arm of a brassiere"; for folded-- see Figs. 1-3A for 101C folded; Col. 4 Lines 27-32 "base layer 101C which has three sides attached to corresponding three sides of the support layer 101G/backing sheet 101B to form a pocket with an opened end. Through the opened end, the base layer 101C is moved or flipped to simultaneously reveal the hook connectors 101A and be placed underneath the support layer 101G"; see Fig. 2A; Col. 4 Line 66-Col. 5 Line 7 "base layer 101C is attached to the three sides of the layers underneath it to form a pocket. By flipping the base layer 101C inside out...the base layer 101C is placed under the support layer 101E...three edges where the base layer 101C is attached to the rest of the hook tape 101 are concealed as shown in Figs. 2B to 3B", wherein the fold indicates larger size),
wherein each of said base layer fabric (101B), said perforated fabric (101C or 101G) and said surface layer fabric (the other of 101C or 101G) has four edges (see Figs.),
wherein said three edges of said surface layer fabric are extended beyond corresponding three edges of each of said perforated fabric and said base layer fabric (see Fig. 3A for 101C three edges extending beyond),
(and therefore) wherein a remaining edge of said surface layer fabric is overlapped and aligned with the corresponding remaining edge of each of said perforated fabric and said base layer fabric (see Figs. 1, 3A for overlapped and aligned where 101D is annotated),
wherein said surface layer fabric is folded towards said perforated fabric in a manner that three edges of said surface layer fabric are stacked on and connected to said perforated fabric to seal three edges of each of said base layer fabric and said perforated fabric (see Figs. 2B, 3A; Col. 3 Lines 28-34 "Fastener 100 or 200 includes a first, hook tape 101/201, and a second, loop tape 102/202, that are reversibly interconnectable. When used with a brassiere, the hook tape 101/201 is attached...to one arm of the brassiere and the loop tape 102/202 is attached...to another arm of the brassiere"; Col. 3 Lines 43-44 "backing sheet 101B/201B are supported on a base layer 101C/201C"; Col. 4 Lines 33-34 "backing sheet 101B is placed over a support layer 101G"; Col. 3 Lines 57-59 "the attachment portion 101D/201D includes a retainer 101AD1/201D1 which is an opened end dimensioned to receive the arm of a brassiere"; see Figs. 1-3A for 101C folded; Col. 4 Lines 27-32 "base layer 101C which has three sides attached to corresponding three sides of the support layer 101G/backing sheet 101B to form a pocket with an opened end. Through the opened end, the base layer 101C is moved or flipped to simultaneously reveal the hook connectors 101A and be placed underneath the support layer 101G"; see Fig. 2A; Col. 4 Line 66-Col. 5 Line 7 "base layer 101C is attached to the three sides of the layers underneath it to form a pocket. By flipping the base layer 101C inside out...the base layer 101C is placed under the support layer 101E...three edges where the base layer 101C is attached to the rest of the hook tape 101 are concealed as shown in Figs. 2B to 3B"),
wherein an opening is defined between a remaining edge of said base layer fabric and a remaining edge of said perforated fabric for connecting to a corresponding shoulder strap (Col. 3 Lines 28-34, 57-59; Col. 3 Lines 34-36 "possible way of attaching the hook and loop tapes 101/102/201/202 to respective arms of the brassiere may involve adhesive or ultrasonic welding").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s layers for both the first/second buckles with the folding of Fung as a known structure of securing layers in a bra strap, especially within the same art of endeavor.
Li does not explicitly teach the another first adhesive film (17 between 11/13 and 16) is perforated,
the another second adhesive film (27 between 26 and 21) is perforated.
Jian teaches a perforated adhesive film (see Fig. 6; [0035] "bra cup 2”; [0035] “a plurality of vents 26 are provided in the tape 25 and extend through the adhesive faces of the tape 25 for ventilation purposes").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s adhesive for both the first/second buckles to be perforated as taught by Jian in order to provide ventilation, as is known for adhesives utilized in bras, which Li is directed to as well.
THIRD REJECTION: Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 115005538), herein Li, in view of Liu (USPN 7128635), Fung (USPN 12396492), Chen et al (CN 209160161), herein Chen, and Jian (US Publication 2006/0252345).
Regarding Claim 17, Li teaches a manufacturing method of a brassiere fastening buckle (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02; as such, for the structure for the method--see rejection of Claim 15), comprising the following steps:
arranging at least one buckle ring or at least one buckle hook on one side of a base layer fabric (see rejection of Claim 15),
overlaying a perforated fabric on the one side of said base layer fabric, with said at least one buckle ring or said at least one buckle hook passing through said perforated fabric (see rejection of Claim 15);
overlaying a surface layer fabric on the other side of said base layer fabric (see rejection of Claim 15);
pressing and bonding said surface layer fabric, said base layer fabric, and said perforated fabric (for pressing -- [0101] "Preferably, the loop perforated cloth 15 and the loop outer layer cloth 16 are glued to the loop base cloth 11 by hot-melt pressing, which is beneficial to reducing the overall thickness of the buckle 10 and avoiding the discomfort of the wearer and the damage to the structural stability caused by the wear of the stitches due to the stitch connection. In this way, the aesthetics of the buckle 10 is improved while ensuring the wearing comfort of the wearer and the quality of the buckle 10"; for bonding -- [0102] "the buckle 10 includes two first hot melt adhesive layers 17, one of which is arranged between the ring perforated cloth 15 and the ring base cloth 11, and the other first hot melt adhesive layer 17 is arranged between the ring outer layer cloth 16 and the ring base cloth 11, wherein the first hot melt adhesive layer 17 is in an inactive state with suppressed adhesion, and is suitable for being activated to an active state with adhesion to bond the ring perforated cloth 15 and the ring outer layer cloth 16 to the ring base cloth 11 and the ring connecting cloth 12"); and
wherein a perforated adhesive film (17) is provided between said base layer and said perforated fabric (see rejection of Claim 15),
another adhesive film (17) is provided between said perforated fabric and said surface layer fabric (see rejection of Claim 15),
three edges of each of said surface layer fabric, said base layer fabric, and said perforated fabric (see rejection of Claim 15),
wherein the size of said perforated fabric is the same as the size of said base layer fabric, so as to allow said four edges of said perforated fabric to overlap with said four edges of said base layer fabric (see rejection of Claim 15),
wherein a remaining edge of said first surface layer fabric is overlapped and aligned with the corresponding remaining edge of each of said first perforated fabric and said first base layer fabric (see rejection of Claim 15),
defining an opening at a position corresponding to said remaining edge of said perforated fabric and said remaining edge of said base layer fabric for connecting to a corresponding strap (see rejection of Claim 15).
Li does not explicitly teach and defining an opening at a position corresponding to a remaining edge of said perforated fabric and a remaining edge of said base layer fabric for connecting to a corresponding shoulder strap.
Liu teaches the straps being shoulder straps (see Fig. 1; Col. 5 Lines 31-32 "from each of the breast cup regions 2, 3 there extends a chest band portions 5,4"; Col. 6 Line 12 "over the shoulder straps 9, 10", wherein shoulder straps are 5, 4, 9, 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s buckle, with the arrangement taught by Liu, as a known effective brassiere arrangement, especially as Li is silent as to these arrangement details.
Li also does not explicitly teach wherein a size of said surface layer fabric is larger than a size of said perforated fabric and a size of said base layer fabric,
wherein said three edges of said surface layer fabric are extended beyond corresponding three edges of each of said perforated fabric and said base layer fabric,
(and therefore) wherein a remaining edge of said surface layer fabric is overlapped and aligned with the corresponding remaining edge of each of said perforated fabric and said base layer fabric,
folding said surface layer fabric towards said perforated fabric along the three edges of said surface layer fabric and connecting said surface layer fabric to said perforated fabric, thereby sealing the three edges of each of said base layer fabric and said perforated fabric.
Fung teaches wherein a size of said surface layer fabric is larger than a size of said perforated fabric and a size of said base layer fabric (see Figs. 2B, 3A; Col. 3 Lines 28-34 "Fastener 100 or 200 includes a first, hook tape 101/201, and a second, loop tape 102/202, that are reversibly interconnectable. When used with a brassiere, the hook tape 101/201 is attached...to one arm of the brassiere and the loop tape 102/202 is attached...to another arm of the brassiere"; Col. 3 Lines 43-44 "backing sheet 101B/201B are supported on a base layer 101C/201C"; Col. 4 Lines 33-34 "backing sheet 101B is placed over a support layer 101G"; Col. 3 Lines 57-59 "the attachment portion 101D/201D includes a retainer 101AD1/201D1 which is an opened end dimensioned to receive the arm of a brassiere"; for folded-- see Figs. 1-3A for 101C folded; Col. 4 Lines 27-32 "base layer 101C which has three sides attached to corresponding three sides of the support layer 101G/backing sheet 101B to form a pocket with an opened end. Through the opened end, the base layer 101C is moved or flipped to simultaneously reveal the hook connectors 101A and be placed underneath the support layer 101G"; see Fig. 2A; Col. 4 Line 66-Col. 5 Line 7 "base layer 101C is attached to the three sides of the layers underneath it to form a pocket. By flipping the base layer 101C inside out...the base layer 101C is placed under the support layer 101E...three edges where the base layer 101C is attached to the rest of the hook tape 101 are concealed as shown in Figs. 2B to 3B", wherein the fold indicates larger size),
wherein said three edges of said surface layer fabric are extended beyond corresponding three edges of each of said perforated fabric and said base layer fabric (see Fig. 3A for 101C three edges extending beyond),
(and therefore) wherein a remaining edge of said surface layer fabric is overlapped and aligned with the corresponding remaining edge of each of said perforated fabric and said base layer fabric (see Figs. 1, 3A for overlapped and aligned where 101D is annotated),
folding said surface layer fabric towards said perforated fabric along the three edges of said surface layer fabric and connecting said surface layer fabric to said perforated fabric, thereby sealing the three edges of each of said base layer fabric and said perforated fabric (see Figs. 2B, 3A; Col. 3 Lines 28-34 "Fastener 100 or 200 includes a first, hook tape 101/201, and a second, loop tape 102/202, that are reversibly interconnectable. When used with a brassiere, the hook tape 101/201 is attached...to one arm of the brassiere and the loop tape 102/202 is attached...to another arm of the brassiere"; Col. 3 Lines 43-44 "backing sheet 101B/201B are supported on a base layer 101C/201C"; Col. 4 Lines 33-34 "backing sheet 101B is placed over a support layer 101G"; Col. 3 Lines 57-59 "the attachment portion 101D/201D includes a retainer 101AD1/201D1 which is an opened end dimensioned to receive the arm of a brassiere"; see Figs. 1-3A for 101C folded; Col. 4 Lines 27-32 "base layer 101C which has three sides attached to corresponding three sides of the support layer 101G/backing sheet 101B to form a pocket with an opened end. Through the opened end, the base layer 101C is moved or flipped to simultaneously reveal the hook connectors 101A and be placed underneath the support layer 101G"; see Fig. 2A; Col. 4 Line 66-Col. 5 Line 7 "base layer 101C is attached to the three sides of the layers underneath it to form a pocket. By flipping the base layer 101C inside out...the base layer 101C is placed under the support layer 101E...three edges where the base layer 101C is attached to the rest of the hook tape 101 are concealed as shown in Figs. 2B to 3B").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s layers with the folding of Fung as a known structure of securing layers in a bra strap.
Li also does not explicitly teach (E) cold-cutting three edges of each of said surface layer fabric, said base layer fabric, and said perforated fabric,
(and therefore) wherein three edges of each of said surface layer fabric, said perforated fabric and said base layer fabric are cold-cut edges.
However, Fung teaches cutting three edges of each of said surface layer fabric, said base layer fabric, and said perforated fabric (see Fig. 1; Col. 4 Lines 24-25 "elongated tape that is cut into hook tapes 101 of preferred dimension"),
(and therefore) wherein three edges of each of said surface layer fabric, said perforated fabric and said base layer fabric are cut edges (see Fig. 1; Col. 4 Lines 24-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s layers to be cut as taught by Fung as a known method of providing bra fasteners.
Chen teaches that the cutting would be cold-cutting ([0018] then the motor of the cold cutting knife assembly is started to make the cold blade…cut the welded film").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s edges, as cut by Fung, to be formed from cold-cutting as taught by Chen as a known effective manner of providing objects in a cut form with edges for effective operation.
Li does not explicitly teach that the another adhesive film (17 between 11/13 and 16) is perforated.
Jian teaches a perforated adhesive film (see Fig. 6; [0035] "bra cup 2”; [0035] “a plurality of vents 26 are provided in the tape 25 and extend through the adhesive faces of the tape 25 for ventilation purposes").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s adhesive to be perforated as taught by Jian in order to provide ventilation, as is known for adhesives utilized in bras, which Li is directed to as well.
Response to Arguments
Applicant’s arguments with respect to claims 15-17 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations. Nevertheless, for clarification--
At the outset, remarks indicate that Li provides no motivation for modification and therefore cannot be modified—examiner respectfully disagrees. The standard is not whether Li provides motivation, but whether the modifying reference provides motivation. Every modification was provided a motivation (see last paragraph of every modification), and the motivations have not been addressed. No remarks have been provided that indicate that Li would teach away from such modifications.
Pertaining to remarks on page 9 that Li does not teach first and second perforated adhesive films—examiner notes that Li does teach a first perforated adhesive film and a second adhesive film, and that it is known to perforate adhesive as indicated in the rejection herein.
Pertaining to remarks on page 9 that Li does not teach perforating adhesive film, examiner respectfully disagrees, as Li does teach a first perforated adhesive film, and does not teach away from perforating the second.
Pertaining to remarks on page 9 that Li does not teach cold-cut edges—the remarks are piecemeal. Li and/or modified Li already teaches three (cut) edges, and Chen teaches the cold cutting. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Pertaining to remarks on page 9 that Li’s heat-press teaches away from cold-cutting in order to ensure durability—examiner respectfully disagrees. No evidence has been provided to support the statement that cold cutting would destroy durability.
Pertaining to remarks on page 9 that Li does not teach the sizing—examiner respectfully disagrees, as the remarks are piecemeal.
Pertaining to remarks on page 10 that Li teaches a full sealed perimeter on all four sides, examiner respectfully disagrees. Li Fig. 2 and [0086], as cited, teach an opening between 11, 12, eventually for a strap, indicating that not all four sides are sealed. As such, it is unclear how this is persuasive evidence for Li teaching away from cold-cutting.
Pertaining to remarks on page 11 that Fung does not teach cold-cut edges—examiner respectfully disagrees, as the remarks are again piecemeal. Li in view of Fung teaches cut edges, and Chen teaches the edges being cold cut.
Pertaining to remarks on page 12 that Fung requires flipping and does not selectively seal edges and wrap underlying layers—examiner respectfully disagrees. Fung Col. 4 Lines 27-32, Col. 4 Line 66-Col. 5 Line 7, as cited, teach attaching/sealing, and Figs. 1, 3A show layers wrapped as recited. Whether or not Fung arrived at the final structure via flipping is not relevant for the product claims, as the remarks are directed to method steps while the claims are to a product; the final product is taught, and therefore meets the claims. As for the method claims, the final structure is still taught, and the method is a comprising claim, and does not prevent flipping from occurring to arrive at the final structure as claimed. No remarks have been presented as to why the modification cannot occur.
Pertaining to remarks on page 13 that Fung is not analogous to the present invention—examiner respectfully disagrees. Fung and the present invention are in the same art of endeavor as brassiere fasteners.
Pertaining to remarks on page 13 that Fung does not meet the recitation of the base layer having the same size as the support layer—examiner respectfully disagrees and clarifies. Li already teaches all layers as the same size; Fung merely teaches that the surface layer fabric/bottom layer (in Fung’s final product) is larger than the other layers in order to fold over, for the motivation of securement.
Pertaining to remarks on page 14 that Fung does not teach cold-cut edges—examiner respectfully disagrees, and the remarks are piecemeal. Li in view of Fung teaches cut edges, wherein Chen teaches that such cut edges are from cold cutting.
Pertaining to remarks directed to Claim 17 beginning page 14—remarks are similar to that for Claims 15, 16, and therefore see aforementioned for examiner response.
Conclusion
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/GRACE HUANG/Primary Examiner, Art Unit 3732