DETAILED ACTION
This communication is a first office action on the merits. Claims 1, 2, 4-9 and 12-15, as filed are currently pending and have been considered below.
Election/Restrictions
Applicant’s election of Group I and Species A in the reply filed on 22 May 2026 is acknowledged. Because Applicant did not distinctly and specifically point any errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1, 2, 4-7 and 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim.
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 8-9 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 8 and 9 are misdescriptive as they include features not present in the final fastener product shown in the embodiment shown in Fig. 1. For instance, Claims 8 and 9 include gaps between lower base portions as well as communications openings that are filled in and not present in the final product. As best understood, claims 8 and 9 have been addressed below in light of the resulting product implied by the language of claims 8 and 9 and shown in Fig. 1.
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.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Von Jakusch et al. (US 2017/0196739).
Regarding claim 8, as best understood, Von Jakusch et al. discloses an apparatus comprising:
a touch-fastener portion (22, 26); and
a support base (30); wherein:
the touch-fastener portion includes a plurality of fastener-piece portions stacked on one another in a first direction (Figs. 2A-2B as shows adjacent rows of fastener-pieces);
each of the plurality of fastener-piece portions includes a support portion (24, 26) and a plurality of engaging elements (22) on the support portion, the plurality of engaging elements being aligned in a line along a second direction perpendicular to the first direction (Figs. 2A and 2B as shown);
the support portion is joined to the support base (Fig. 2A as shown);
the support portion has an upper base portion protruding from the support base and a lower base portion embedded in the support base (Fig. 2A-2B show the lower base portion 24, 26 protruding from the base 30);
in the first direction, a width of the lower base portion is narrower than a width of the upper base portion (Figs. 2A and 2B as shown); and
for any two of the fastener-piece portions adjacent to each other in the first direction, the upper base portions are in contact with each other, and a gap between the lower base portions is filled with the synthetic resin (Figs. 2A-2B show a continuous base structure that meets this limitation).
Regarding claim 9, as best understood, Von Jackusch et al. further discloses wherein: the lower base portion of each of the plurality of fastener-piece portions includes a communication opening penetrating the lower base portion in the first direction and in fluid communication with the gap (Figs. 2A-2B show a continuous base structure that meets this limitation).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Murasaki et al. (US 2007/0240289) for stacked fastener portions and Robertson (US 5,813,095) for embedded fastener elements.
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.
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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/MICHAEL S LEE/ Examiner, Art Unit 3677
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