Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 20-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurtz (U.S. 2004/0172792).
As for Claim 20. (Original), Kurtz discloses a mold-in fastener product, comprising
a hook sheet (see Fig. 3) having a flexible base (20) and an array of discrete male touch fastener elements (16) extending from an upper surface of the base in both a central area of the upper surface (central area of 20) and in edge regions of the upper surface (side edge portions of 20 with two tab portions); and
a layer of flexible barrier material (8) disposed over the upper surface of the base (see Figs. 1-2), with the male touch fastener elements in the central area of the upper surface embedded in the layer of flexible material (see Fig. 2);
wherein the male touch fastener elements in the edge regions of the upper surface of the
base, on either side of the layer of flexible barrier material, are exposed (tab portions of 20 are exposed on edge regions of 20, see Fig. 1); and
wherein the only discrete male touch fastener elements that are exposed for engagement are in the edge regions (see Fig., 26 disclosing the embodiment where the fastener elements are exposed in edge regions of 254).
Re: Claim 21. (New) The mold-in fastener product of claim 20, wherein both the flexible base and the layer of flexible barrier material define notches (12) extending into the central area of the upper surface.
Re: Claim 22. (New) The mold-in fastener product of claim 20, wherein the layer of flexible barrier material comprises a layer of resin in which heads of the male touch fastener elements (16) are encapsulated (see para [0021]).
Re: Claim 23. (New) The mold-in fastener product of claim 20, wherein the layer of flexible barrier material comprises a textile fabric in which heads of the male touch fastener elements are embedded (see para [0022]).
Re: Claim 24. (New) The mold-in fastener product of claim 20, wherein the layer of flexible barrier material is completely surrounded by edge regions containing exposed male touch fastener elements (see Fig. 1).
Re: Claim 25. (New) The mold-in fastener product of claim 20, wherein the hook sheet is in the form of an elongated strip and wherein the edge regions are disposed along two opposite longitudinal edges of the elongated strip (see Figs. 1 and 2 disclosing 20 being an elongated strip with the edge regions are disposed along two opposite longitudinal edges of 20).
Re: Claim 26. (New) The mold-in fastener product of claim 20, wherein the flexible base has edges of severed resin (see Fig. 1).
Re: Claim 27. (New) The mold-in fastener product of claim 20, wherein the flexible barrier material is attached to the hook sheet only by the embedded touch fastener elements and is removable by peeling the flexible barrier material from the hook sheet without damage to the embedded touch fastener elements (see para [0019 and 0056-0059]).
Re: Claim 28. (New) The mold-in fastener product of claim 20, wherein the layer of flexible barrier material is disposed on the upper surface of the flexible base, with the embedded touch fastener elements completely encased in the layer of flexible barrier material (see Figs. 1-2).
Re: Claim 29. (New) The mold-in fastener product of claim 20, wherein the layer of flexible barrier material is in direct contact with the upper surface between the embedded touch fastener elements (see Figs. 1-2).
Re: Claim 30. (New) The mold-in fastener product of claim 20, wherein a minimum width of exposed base edge region, measured from the patch of flexible barrier material, is between and 20 percent of a minimum lateral extent of the patch of flexible barrier material (see Figs. 1-2).
Response to Arguments
Applicant's arguments filed 5/8/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Kurtz fails to disclose “wherein the only discrete male touch fastener elements that are exposed for engagement are in the edge regions,” Examiner respectfully disagrees and discloses the claimed subject matter in rejection provided herein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Okunda et al. U.S. 2015/0335106.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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