DETAILED ACTION
Claim Rejections - 35 USC § 112
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 1-14 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.
Throughout claims 1-14, “the slider body” lacks antecedence. It is suggested that the limitation be changed to “the metal slider body” to correct the problem.
Regarding claim 2, line 3, the limitation “the recess is formed at least in the upper blade among the upper blade” is indefinite. It is understood that the recess (7) is formed in the upper blade (21). However, it is not clear what the scope of the limitation that the recess is formed in the upper blade among the upper blade. How is the recess among the upper blade?
Regarding claim 6, lines 9 and 10, “the second recess” lacks antecedence. It is suggested that the limitation be changed to “the hole-shaped second recess” to correct the problem.
Regarding claim 7, line 5, “the components” lacks antecedence. It is suggested that the limitation be changed to “the first and second component” to correct the problem. Along with this change, in line 7, it is suggested to change “the components…first component” to “the second component includes an elastic body and the first component includes a deformation member” to correct the problem.
Regarding claim 8, line 3, “the second recess” lacks antecedence. It is suggested that the limitation be changed to “the hole-shaped second recess” to correct the problem.
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 1-3, 6-8, and 10 are rejected under 35 U.S.C. 102a(1) as being anticipated by Ishii, US 4780938. Ishii discloses a slider with a metal slider body (11, figure 1, column 2, lines 57, state that the slider body is die-cast (method of forming all the parts of the slider as required in claim 10), which implies that it is formed from metal) including an upper (12a) and lower (12b) blade connected with a column (13, figures 1-2). The slider includes a component (32). The slider body includes a recess (23, 25, 25a) that accommodates the component (32, 36). The slider includes a vent hole (24, the opening to the recess) that allows ventilation between the outside of the slider body and the inside of the recess.
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Regarding claim 2, as can bee seen in figure 2, Ishii discloses a recess (17, 23, 25, 25a) formed in the upper blade (12a) and the column (13).
Regarding claim 3, the vent hole penetrates in a front to rear direction (please see annotated drawing).
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Regarding claim 6, Ishii discloses a first recess formed on an upper surface of the upper blade and a hole shaped recess in communication with the inside of the first recess and the inside of the vent hole. A boundary surface is located at a boundary between the vent hole and the hole-shaped second recess. Please see the annotated drawing.
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Regarding claims 7-8, Ishii discloses a pull holder (15) that extends from the upper blade (12a) and is configured to hold a pull (19). The pull holder has a tip end (17) facing the upper surface of the upper blade (12A), the slider body (11), the elastic body (36) and the deformation member (29). The deformation member (19) is configured to elastically deform the elastic body (36) in response to an operation on the pull (19), i.e., when the pull is assembled to the slider body.
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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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ishii, US 4780938. The claim requires plating the slider body including the vent hole. The examiner takes official notice of the fact that plating a metal article, subjected to a harsh environment, with a corrosive resistant plating is old and well-known in order to prevent corrosion of the metal and extend the life of the article. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to plate Ishii’s slider with a corrosive resistant film material.
Allowable Subject Matter
Claims 4-5 and 11-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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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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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677