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 .
Election/Restrictions
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02 March 2026.
Claim Objections
Claim 3 is objected to because of the following informalities: In claim 3, lines 1-2, the phrase “the at least one core string” should be replaced by --an at least one core string--. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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(s) 1-3 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wakai et al. (US 5,983,465) in view of Webster (US 2004/0210167).
Regarding claim 1, Wakai et al. discloses an apparatus comprising a fastener tape (1) having a first side edge and a second side edge opposite the first side edge, and a row of metal elements (4) attached along the first side edge (Fig. 8 as shown), but fails to disclose wherein a water-soluble thread is used in a portion of the fastener tape that is closer to the first side edge than a center line C of the fastener tape, and the fastener stringer is configured such that by dissolving the water-soluble thread, an attachment strength of the row of metal elements is reduced and/or the fastener tape separates into at least two parts starting from the water-soluble thread.
Webster teaches a wearable device wherein a fastener is secured with a water-soluble thread (Paragraph 50, lines 11-16).
From this teaching of Webster, it would have been obvious to one of ordinary skill before the effective filing date of the invention to use water-soluble thread for at least a component of a core thread (8 of Wakai) of the fastener tape in Wakai et al. Water-solubility would make it easier for disposal of the garment by separating the components and reducing attachment strength the elements according to material type.
Regarding claim 2, the combination device of Wakai and Webster from claim 1 above further discloses wherein the row of metal elements is swaged and fixed so as to sandwich at least one core string (5 of Wakai) provided along the first side edge of the fastener tape (The elements are shown fixed to the tape and core string in Fig. 8 of Wakai. The method of attaching (swaging) is not germane to the issue of patentability of the device itself. See MPEP 2113), and the water-soluble thread constitutes at least a part of the at least one core string (Previously stated in the rejection of claim 1 above).
Regarding claim 3, the combination device of Wakai and Webster from claim 1 above further discloses wherein the at least one core string (5 of Wakai) comprises at least one core thread (8 of Wakai) and a sheath thread (7 of Wakai as shown in Fig. 5) woven around the core thread, and the water-soluble thread constitutes at least a part of the core thread (Previously stated in the rejection of claim 1 above).
Regarding claim 5, the combination device of Wakai and Webster from claim 1 further discloses wherein the fastener tape comprises: a first fastener tape portion having the first side edge and having a first width extending in a direction orthogonal to the first side edge; and a second fastener tape portion having the second side edge and having a second width extending in a direction orthogonal to the second side edge, wherein an average value of the first width is smaller than an average value of the second width, and the first fastener tape portion and the second fastener tape portion are sewn together with the water-soluble thread (water soluble core threads would result in relative widths).
Regarding claim 6, Wakai further discloses a slide fastener (Abstract line 1) comprising the fastener stringer according to claim 1.
Regarding claim 7, Wakai further discloses an article (Column 1, line 9) wherein the slide fastener is sewn along the second side edge of the fastener tape (Figs. 8-14 as shown).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Wakai et al and Webster as applied to claim 7 above, and further in view of Waldes (US 2,607,715).
Regarding claim 8, the combination of Wakai et al. and Webster discloses the invention except for wherein the fastener tape comprises a same material as that used in the article.
Waldes teaches an article of the same material as a fastener tape (Column 1, line 36-37 describe the tape as being thermoplastic and Column 2 line 32 describes the article as thermoplastic).
From this teaching of Waldes, it would have been obvious to one of ordinary skill before the effective filing date of the invention to use the same material for the tape and article of Wakai et al. Consistent material would provide fewer material compatibility concerns, and a less obvious transition between the article and tape.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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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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/M.S.L/Examiner, Art Unit 3677
./JASON W SAN/ SPE, Art Unit 3677
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