DETAILED ACTION
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the hinge (claim 1), fold (claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.84(h)(5) because Figure 6 show(s) modified forms of construction in the same view, as set forth on page 13 line 25-30. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: “said at least one of the counterparts” should be –said one counterpart—or –said two counterparts—for proper antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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.
Claim 4, 6-7, 9, 11-12, 14-18, and 20 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 4 and 14 recite the limitation "one or both respective ends" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 6 and 16 are indefinite because it cannot be determined what is being claimed. How many magnetic elements are being claimed?
Claims 7 and 17 recite the limitation "the surroundings" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Furthermore, is Applicant intending to structurally recite “the surroundings” as claimed, or is Applicant intending to functionally recite the surroundings? Are the surroundings a part of the invention or not?
Claim 9 is indefinite because it cannot be determined how much of the claim 1 closure device is to be imported into the claim.
Claim 11 is indefinite because it is not clear if it depends from claim 10 or claim 1.
Claim 18 is indefinite because it is not clear if the “at least one magnetic element” is included in or additional to the first and second magnetic elements.
Claim 20 is indefinite because it cannot be determined how much of the claim 11 pocket structure is to be imported into the claim.
Claims that depend from an indefinite claim are also rejected under 112(b).
All of the claims are examined as best understood.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-11 and 13-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morito (WO 2021221005 A1).
As to claim 1, Morito discloses a closure device for a pocket of a pair of trousers (capable of being used in a trouser pocket), comprising:
a closure device comprising two mating magnetic counterparts (15) wherein each counterpart comprises:
a continuous support structure (12); and
at least two magnetic elements fixed along the support structure (13), said at least two magnetic elements of each counterpart comprising a first magnetic element and a second magnetic element (one of 13, another of 13);
wherein:
the first and second magnetic elements of at least one of the counterparts have magnetic poles that are positioned so as to be mutually reversed (capable of being reversed and intended to be reversed, as shown in FIGS 1 and 4);
the two counterparts are suitable for being integrated in a pocket so that the magnetic elements are positioned along an opening of the pocket and so that the two counterparts are positioned opposed to each other, whereby at least the first magnetic element of one counterpart magnetically attracts the first magnetic element of the other counterpart towards a closed position of the pocket (capable of being integrated into a pocket and intended to be integrated into a pocket, such as pocket B in FIG 1);
the first and second magnetic elements of said at least one of the counterparts are connected by a portion of the support structure of said at least one counterpart (FIG 2), said portion of the support structure forming a hinge that hingedly connects the first and second magnetic elements of said at least one of the counterparts (FIG 4), said hinge allowing the support structure of said at least one of the counterparts to bend when the pocket is open and an associated portion of the pocket folds to form a fold, whereby the first and second magnetic elements of said at least one of the counterparts attract each other to maintain the fold of said portion of the pocket so that magnetic attraction between the first and second magnetic elements of said at least one of the counterparts provide an at least partial safety closure of the pocket (capable of allowing and intended to allow, as shown in FIG 4).
As to claim 2, Morito discloses the closure device of the counterparts
As to claims 3 and 13, Morito discloses the support structure
As to claims 4 and 14, Morito discloses the support structures (FIG 1).
As to claims 5 and 15, Morito discloses the first and second magnetic elements
As to claims 6 and 16, Morito discloses each counterpart
As to claims 7 and 17, Morito discloses each magnetic element is fully sealed against the surroundings (FIG 2 shows each magnetic element fully sealed within 12 against the environment surrounding 12).
As to claims 8 and 18, Morito discloses each support structure
As to claims 9 and 9, Morito discloses a pocket (B) for a pair of trousers (capable of being for a pair of trousers, such as by being carried by a wearer wearing trousers), wherein the pocket comprises a closure device according to claim 1 or 8 integrated in said pocket so that the magnetic elements are positioned along an opening of the pocket and so that the two counterparts are positioned opposed to each other (FIG 1), whereby at least the first magnetic element of one counterpart magnetically attracts the first magnetic element of the other counterpart towards a closed position of the pocket, wherein said hinge allows the support structure of said at least one of the counterparts to bend when the pocket is open and an associated portion of the pocket folds to form a fold, whereby the first and second magnetic elements of said at least one of the counterparts attract each other to maintain the fold of said portion of the pocket so that magnetic attraction between the first and second magnetic elements of said at least one of the counterparts provide an at least partial safety closure of the pocket (capable of magnetically attracting, due to being magnetic, capable of maintaining the fold, because the fold will be maintained unless acted on by an outside force).
As to claim 10, Morito discloses a pocket for a pair of trousers (B, capable of being for a pair of trousers, such as by being carried by a wearer wearing trousers), the pocket comprising:
two pocket halves forming a pocket opening between them (FIG 1); and
a safety closure device (FIG 2),extending between the first and second magnet (FIG 1), wherein the magnetic poles of the first magnet
As to claim 11, Morito discloses the pocket according to claim 10, wherein the safety closure device forms part of a magnetic closure device according to claim 1, the first and second magnets of the safety closure device being the first and second magnetic elements of said at least one counterpart of the magnetic closure device (FIG 1).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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(s) 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morito (WO 2021221005 A1) as applied to claim 9 or 11 above, and further in view of Thompson (US 20110078840 A1).
As to claim 12, Morito does not disclose a pair of trousers comprising a pocket according to claim 9.
Thompson teaches a similar invention, including trousers (abstract) having a pocket 13, the pocket having an opening 102 that is closed with magnets (para. 0051).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the pocket opening of Thompson including the pocket and trousers of Thompson with a closure device as taught by Morito, in order to provide a known means of closure that secures the pocket when closed but is still easily opened for the user’s convenience.
As to claim 20, Morito does not disclose a pair of trousers comprising a pocket according to claim 11.
Thompson teaches a similar invention, including trousers (abstract) having a pocket 13, the pocket having an opening 102 that is closed with magnets (para. 0051).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the pocket opening of Thompson including the pocket and trousers of Thompson with a closure device as taught by Morito, in order to provide a known means of closure that secures the pocket when closed but is still easily opened for the user’s convenience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. 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, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732
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