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 Objections
Claim 8 is objected to because of the following informalities:
Line 2-3 "one width-directional end” should be “the one width-directional end”.
Line 3 "one width-directional end” should be “the one width-directional end”.
Appropriate correction is required.
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 and 6 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.
Claim 1 recites the limitation "one width-directional end" in lines 5-6 and lines 7-8. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner will interpret "one width-directional end" as "a one width-directional end".
Claim 6 recites the limitation "one width-directional end surface" in lines 1-2, lines 2-3, lines 4, and lines 4-5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner will interpret "one width-directional end surface" as "a one width-directional end surface".
Dependent claims inherit the same issues from parent claims and do not resolve indefinite issues.
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.
Claims 1-3, 5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) by Liou (US 20060282995 A1) herein referenced as [995].
PNG
media_image1.png
470
982
media_image1.png
Greyscale
Annotated Fig. 2 from Liou [995]
PNG
media_image2.png
297
360
media_image2.png
Greyscale
Annotated Enlarged view of Fig. 2 from Liou [995]
PNG
media_image3.png
485
1026
media_image3.png
Greyscale
Annotated Fig. 3 from Liou [995]
Regarding claim 1, [995] discloses a slide fastener (1, fig. 2-3, water-tight and air-tight zipper, also referred to as zipper) comprising: a pair of first (11, first fastener tape of annotated fig. 2-3, upper water-tight layers) and second fastener tapes (11, second fastener tape of annotated fig. 2-3, upper water-tight layers) each having an elongated shape and having a first main surface (first main surface of annotated fig. 2) and a second main surface (second main surface of annotated fig. 2) opposite to the first main surface (annotated fig. 2); a first element row (12, first row element of annotated fig. 2) provided on the first main surface (annotated fig. 2) of one width-directional end (first fastener tape one width-directional end of annotated fig. 2-3) of the first fastener tape (annotated fig. 2-3); and a second element row (12, second row element of annotated fig. 2) provided on the first main surface (annotated fig. 2) of the one width-directional end (second fastener tape one width-directional end of annotated fig. 2) of the second fastener tape (annotated fig. 2), wherein when the first and second element rows (annotated fig. 2) mesh with each other, the one width-directional end (annotated fig. 2-3) of the first fastener tape (annotated fig. 2-3) and the one width-directional end (annotated fig. 2-3) of the second fastener tape (annotated fig. 2-3) are buckled in an arch shape and brought into close contact with each other. For examination purposes, the examiner considers “fastener tape” a strip of material sown into the row elements; the examiner interprets “one width-directional end” as the distal end, (without a prescriptive length) of the first and second fastener tapes respectively; the examiner interprets “are buckled in an arch shape” as the one width-directional end of first and second fastener tapes respectively have any bend or flex; the examiner interprets “brought into close contact with each other” as the as the one width-directional end of the first and second fastener tapes respectively can move toward each other but do not need to directly abut.
Regarding claim 2, [995] discloses the slide fastener (1), wherein when the first and second element rows (annotated fig. 2-3) mesh with each other, the second main surface (annotated fig. 2-3) of the one width-directional end (annotated fig. 2-3) of the first fastener tape (annotated fig. 2-3) and the second main surface (annotated fig. 2-3) of the one width-directional end (annotated fig. 2-3) of the second fastener tape (annotated fig. 2-3) are brought into close contact with each other.
Regarding claim 3, [995] discloses the slide fastener (1), wherein when the first and second element rows (annotated fig. 2-3) mesh with each other, a first space (first space of annotated enlarged view of fig. 2) is defined between the first main surface (annotated fig. 2) of the one width-directional end (annotated fig. 2) of the first fastener tape and the first element row (annotated fig. 2-3), and a second space (second space of annotated enlarged view of fig. 2) is defined between the first main surface (annotated fig. 2-3) of the one width-directional end (annotated fig. 2-3) of the second fastener tape (annotated fig. 2-3) and the second element row (annotated fig. 2-3).
Regarding claim 5, [995] discloses the slide fastener (1), wherein the one width-directional end (annotated fig. 2)-3 of the first fastener tape (annotated fig. 2-3) extends toward the second fastener tape (annotated fig. 2-3) with respect to a meshing center (meshing center of annotated fig. 2) of the first and second element rows (annotated fig. 2-3), and the one width-directional end (annotated fig. 2-3) of the second fastener tape ( annotated fig. 2-3) extends toward the first fastener tape (annotated fig. 2-3) with respect to the meshing center (annotated fig. 2-3), so that when the first and second element rows (annotated fig. 2-3) mesh with each other, the one width-directional end (annotated fig. 2-3) of the first fastener tape (annotated fig. 2-3) and the one width-directional end (annotated fig. 2-3) of the second fastener tape (annotated fig. 2-3) are buckled in an arch shape and brought into close contact with each other.
Regarding claim 7, [995] discloses the slide fastener (1) further comprising: a first water stop layer (11, first water stop layer of annotated fig. 2-3, lower water-tight layer) provided on the second main surface (annotated fig. 2-3) of the first fastener tape (annotated fig. 2-3); and a second water stop layer (11, second water stop layer of annotated fig. 2-3, lower water-tight layer)) provided on the second main surface (annotated fig. 2-3) of the second fastener tape (annotated fig. 2-3).
Regarding claim 8, [995] discloses the slide fastener (1), wherein when the first and second element rows (annotated fig. 2-3) mesh with each other, one width-directional end ( one width-directional end (first water stop layer) of annotated fig. 2) of the first water stop layer (annotated fig. 2) and one width-directional end (one width-directional end (second water stop layer) of annotated fig. 2) of the second water stop layer (annotated fig. 2) are buckled in an arch shape and brought into close contact with each other. For examination purposes, the examiner interprets “one width-directional end” as the distal end, (without a prescriptive length) of the first and second first water stop layer respectively; the examiner interprets “are buckled in an arch shape” as the one width-directional end of first and second water stop layer respectively have any bend or flex; the examiner interprets “brought into close contact with each other” as the one width-directional end of the first and second water stop layer respectively can move toward each other but do not need to directly abut.
Regarding claim 9, [995] discloses the slide fastener (1), wherein the first and second water stop layers (annotated fig. 2-3) include first water stop main surfaces (first water stop main surfaces of annotated fig. 3) in contact with the second main surfaces (annotated fig. 2-3) of the first and second fastener tapes (annotated fig. 2-3) and second water stop main surfaces (second water stop main surfaces of annotated fig. 2-3) opposite to the first water stop main surface (annotated fig. 2-3), respectively, and when the first and second element rows (annotated fig. 2-3) mesh with each other, the second water stop main surface (annotated fig. 3) of the one width-directional end (annotated fig. 2-3) of the first water stop layer (annotated fig. 2-3) and the second water stop main surface (annotated fig. 2-3) of the one width-directional end (annotated fig. 2-3) of the second water stop layer (annotated fig. 2-3) are brought into close contact with each other. For examination purposes, the examiner interprets “brought into close contact with each other” as the second water stop main surface of the one width-directional end of the first and second water stop layer respectively can move toward each other but do not need to directly abut.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) by Neugebauer (US 6343408 B1) herein referenced as [408].
PNG
media_image4.png
446
824
media_image4.png
Greyscale
Annotated Fig. 1 of Neugebauer, [408]
Regarding claim 1, [408] discloses a slide fastener (1, fig. 1, zip fastener) comprising: a pair of first (6, first fastener tape of annotated fig. 1, base tape) and second fastener tapes (6, second fastener tape of annotated fig. 1, base tape) each having an elongated shape and having a first main surface (first main surface of annotated fig. 1) and a second main surface (second main surface of annotated fig. 1) opposite to the first main surface (annotated fig. 1); a first element row (4, fig. 1, coupling member row) provided on the first main surface (annotated fig. 1) of one width-directional end (8, first fastener tape one width-directional end of annotated fig. 1, end) of the first fastener tape (annotated fig. 1); and a second element row (5, fig. 1, coupling member row) provided on the first main surface (annotated fig. 1) of one width-directional end (8, second fastener tape one width-directional end of annotated fig. 1, end) of the second fastener tape (annotated fig. 1), wherein when the first and second element rows (annotated fig. 1) mesh with each other, the one width-directional end (annotated fig. 1) of the first fastener tape (annotated fig. 1) and the one width-directional end (annotated fig. 1) of the second fastener tape (annotated fig. 1) are buckled in an arch shape and brought into close contact with each other. For examination purposes, the examiner considers “fastener tape” a strip of material sown into the row elements; the examiner interprets “one width-directional end” as the distal end, (without a prescriptive length) of the first and second fastener tapes respectively; the examiner interprets “are buckled in an arch shape” as the one width-directional end of first and second fastener tapes respectively have any bend or flex; the examiner interprets “brought into close contact with each other” as the as the one width-directional end first and second fastener tapes respectively can move toward each other but do not need to directly abut.
Regarding claim 2, [408] discloses the slide fastener (1), wherein when the first and second element rows (4,5) mesh with each other, the second main surface (annotated fig. 1) of the one width-directional end (annotated fig. 1) of the first fastener tape (annotated fig.1) and the second main surface (annotated fig. 1) of the one width-directional end (annotated fig. 1) of the second fastener tape (annotated fig. 1) are brought into close contact with each other.
Regarding claim 3, [408] discloses the slide fastener (1), wherein when the first and second element rows (4,5) mesh with each other, a first space (first space of annotated fig. 1) is defined between the first main surface (annotated fig. 1) of the one width-directional end (annotated fig. 1) of the first fastener tape and the first element row (4), and a second space (second space of annotated fig. 1) is defined between the first main surface (annotated fig. 1) of the one width-directional end (annotated fig. 1) of the second fastener tape (annotated fig. 1) and the second element row (5).
Regarding claim 4, [408] discloses the slide fastener (1), wherein the first and second fastener tapes (annotated fig. 1) are woven fabrics or knitted fabrics (Col. 3, 31-35).
Regarding claim 5, [408] discloses the slide fastener (1), wherein the one width-directional end (annotated fig. 1) of the first fastener tape (annotated fig. 1) extends toward the second fastener tape (annotated fig. 1) with respect to a meshing center (meshing center of annotated fig. 1) of the first and second element rows (annotated fig. 1), and the one width-directional end (annotated fig. 1) of the second fastener tape ( annotated fig. 1) extends toward the first fastener tape (annotated fig. 1) with respect to the meshing center (annotated fig. 1), so that when the first and second element rows (annotated fig. 1) mesh with each other, the one width-directional end (annotated fig. 1) of the first fastener tape (annotated fig. 1) and the one width-directional end (annotated fig. 1) of the second fastener tape (annotated fig. 1) are buckled in an arch shape and brought into close contact with each other.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Liou (US 20060282995 A1) referenced herein as [995] in view of Tanikawa et al. (US 4580321 A) referenced herein as [321] in view of.
PNG
media_image5.png
221
360
media_image5.png
Greyscale
Annotated fig. 1 from Tanikawa et al. [321]
PNG
media_image6.png
560
899
media_image6.png
Greyscale
Annotated fig. 2 from Tanikawa et al. [321]
Regarding claim 6, [995] discloses the slide fastener (1), one width-directional end surface (one width-directional end surface of annotated fig. 3) of the first fastener tape (annotated fig. 2-3) and one width-directional end surface (one-directional end surface (first element row) of annotated fig. 3) of the first element row (annotated fig. 2-3) and one width-directional end surface (one width-directional end surface of annotated fig. 3) of the second fastener tape (annotated fig. 2-3) and one width-directional end surface (one-directional end surface (second element row) of annotated fig. 3) of the second element row (annotated fig. 2-3), so that when the first and second element rows (annotated fig. 2-3) mesh with each other, the one width-directional end (annotated fig. 2-3) of the first fastener tape (annotated fig. 2-3) and the one width-directional end (annotated fig. 2-3) of the second fastener tape (annotated fig. 2-3) are buckled in an arch shape and brought into close contact with each other.
Regarding claim 6, [995] does not disclose the slide fastener (1), one width-directional end surface (one width-directional end surface of annotated fig. 3) of the first fastener tape (annotated fig. 2-3) and one width-directional end surface (one-directional end surface (first element row) of annotated fig. 3) of the first element row (annotated fig. 2-3) and one width-directional end surface (one width-directional end surface of annotated fig. 3) of the second fastener tape (annotated fig. 2-3) are disposed on the same plane, and one width-directional end surface (one-directional end surface (second element row) of annotated fig. 3) of the second element row (annotated fig. 2-3) are disposed on the same plane .
Regarding claim 6, [321] teaches a slide fastener (fig. 1, fluid-tight slide fastener) where the distal end surface of the first and second fastener tapes (11, fig. 1, support tape) are on the same planes (plane 1, plane2) as the end of the first and second element row (12, coupling elements) end surfaces respectively (fig. 2, Col. 3, lines 48-64).
It would have been obvious to a person having ordinary skill in art before the effective filing date of the claimed invention, to make [995]’s first and second support tapes on the same plane as the distal ends of the first and second coupling elements respectively as taught by [321]. Because of this modification, the bulge in the arch of the abutting elements increases upwards and provides a tighter seal (fig. 2, Col. 3, lines 61-64 from [321]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Horita (EP 0303218 A1) teaches a water-tight slide fastener with a fabric layer sewn into their respective element rows and liquid repellant layer. Both layers are brought into close contact with each other when meshed.
Chou (US 20100125982 A1) teaches a waterproof fastener with a fabric layer sewn into their respective element rows and liquid repellant layer. Both layers are brought into close contact with each other when meshed.
Williams et al. (US 8756768 B2) teaches a waterproof slide fastener with a fabric layer sewn into their respective element rows and liquid repellant layer. The distal ends of the layers are in the same plane as the element rows before meshing. When the elements are meshed the layers are in an arch shaped and brought into close contact with each other.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEZTANY O JACKSON whose telephone number is (571)270-5567. The examiner can normally be reached Mon-Fri. 730am-5pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.O.J./Examiner, Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
