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 .
Response to Arguments
Applicant's arguments filed September 6, 2026 have been fully considered but they are not persuasive.
Regarding claim 1, examiner has carefully considered applicant’s argument that Anderson fails to disclose that the array of posts are formed directly on the fabric portion. This argument is found to be not persuasive because the figures show the prongs and clasp members directly touching and no explanation or criticality of how the posts were formed was given in the claims.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the posts and clasp members being made of ) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding claim 11, examiner has carefully considered applicant’s argument of Ber failing to disclose the array of posts being in direct contact with fabric. This argument is found to be not persuasive because the claim language only states that the arrays of posts are in direct contact with the fabric portions. Figure 2A and figure 7 show that the posts (11) and fabric portions (7, 8) are in direct contact.
Regarding claim 16, examiner has carefully considered applicant’s argument that Berg fails to disclose the arrays of posts being molded directly to a fabric portion. Arguments found not persuasive because Berg states that the mating elements can be formed by pressing the polymeric material into a resilient mold (column 8, lines 12-17).
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US 2499898 A).
Regarding claim 1, Anderson discloses a fabric strap (fastener) for an electronic device, the fabric strap (fastener) comprising: first and second fabric portions (10, 11, clasp members); and an adjustable closing mechanism (clasp) configured to attach the first fabric portion (10, clasp member) to the second fabric portion (11, clasp member), wherein the adjustable closing mechanism (clasp) comprises: a first array of posts (12, prongs) formed directly (column 2, lines 17-22) on the first fabric portion (10, clasp member); and a second array of posts (13, prongs) formed directly (column 2, lines 17-22) on the second fabric portion (11, clasp member), wherein the first array of posts (12, prongs) is configured to interlock (column 2, lines 26-29) with the second array of posts (13, prongs) to attach the first fabric portion (10, clasp member) to the second fabric portion (11, clasp member).
Regarding claim 2, Anderson discloses that the first array of posts (12, prongs) comprises a first set of engagement features (heads and necks of 12, prongs) and the second array of posts (13, prongs) comprises a second set of engagement features (heads and necks of 13, prongs) that mates with the first set of engagement features (column 2, lines 26-29 and 41-43) to attach the first fabric portion (10, clasp member) to the second fabric portion (11, clasp member).
Regarding claim 4, Anderson discloses that the posts in the first and second arrays (12, 13, prongs) have a cross-sectional shape selected from the group consisting of: rectangular and round (figure 4 and column 3, lines 62-66).
Regarding claim 5, Anderson discloses that the posts in the first and second arrays (12, 13, prongs) have outer surfaces with convex portions (enlarged heads) and concave portions (necks).
Claims 11, 12, 15-17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berg et al (US 5657516 A).
Regarding claim 11, Berg discloses a fabric strap (fastener), comprising: first and second fabric portions (7, 8, fastener elements); a first array of posts (11, mating elements) in direct contact with (figure 2A and figure 7) the first fabric portion (8, first fastener element); and a second array of posts (9, mating elements) in direct contact with (figure 2A and figure 7) the second fabric portion (7, second fastener element), wherein the first array of posts (11, mating elements) is configured to engage with the second array of posts (9, mating elements) to attach the first fabric portion (8, first fastener element) to the second fabric portion (7, second fastener element), and wherein the posts in the first and second arrays (9, 11, mating elements) each comprise a core (42) and a covering (41, mating element).
Regarding claim 12, Berg discloses that the core (42) is formed from a first material (resilient material) and the covering (41, mating element) is formed from a second material (polymeric material such as foam) that is more flexible than the first material.
Regarding claim 15, Berg discloses that the covering (41, mating element) is configured to deform (column 10, lines 27-36) when the first array of posts (11, mating elements) is engaged with the second array of posts (9, mating elements).
Regarding claim 16, Berg discloses a wearable fabric strap (fastener), comprising: first and second fabric portions (7, 8, fastener elements); a first set of posts (11, mating elements) molded directly to (column 8, lines 12-17) the first fabric portion (8, first fastener element), wherein the first set of posts (11, mating elements) includes a first set of engagement features (43, microprotrusions); and a second set of posts (9, mating elements) molded directly to (column 8, lines 12-17) the second fabric portion (7, second fastener element), wherein the second set of posts (9, mating elements) includes a second set of engagement features (43, microprotrusions) that engages with the first set of engagement features to attach (column 10, lines 27-36) the first fabric portion (8, first fastener element) to the second fabric portion (7, second fastener element).
Regarding claim 17, Berg discloses that the engagement features (43, microprotrusions) in the first and second sets (9, 11, mating elements) comprise concave surfaces and convex surfaces (figure 7).
Regarding claim 19, Berg discloses that the posts in the first and second sets of posts (9, 11, mating elements) each include a rigid core (42) and a deformable covering (41, mating element) that surrounds the rigid core (42).
Regarding claim 20, Berg discloses that the first set of posts (11, mating elements) is configured to engage with different regions of the second set of posts (9, mating elements) to adjust a length of the wearable fabric strap.
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.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 2499898 A) as applied to claim 1 above, in view of the embodiment of Kono et al. (US 20030126724 A1) figure 8.
Regarding claim 9, Anderson discloses the fabric strap defined in claim 1, having a first and second arrays of posts (12, 13, prongs).
Anderson does not explicitly disclose the first and second arrays each including a core and a covering that surrounds the core.
Regarding claim 9, Kono teaches a fabric strap (surface fastener), wherein the posts (24, hooks) each include a core (42, hard resin material) and a covering (41, elastic resin material) that surrounds the core (42, hard resin material).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the prongs (12, 13) of Anderson to mimic the makeup of the hooks (24) as taught by Kono’s figure 8. One would be motivated to make this modification in order to retain the stiffness needed for the fastening ability of the hooks, while protecting the hook with a covering made of material elastic enough for the fastener to be used repeatedly as taught by Kono ([0061]).
Regarding claim 10, the previously made combination of Anderson/Kono discloses that the covering (41, elastic resin material) comprises a material that is more flexible ([0061], lines 4-8) than the core (42, hard resin material).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Berg (US 5657516 A) as applied to claim 11 above, in view of Anderson (US 2499898 A).
Regarding claim 14, Berg discloses the fabric strap (fastener) defined in claim 11 having posts with a core and a covering.
Berg does not explicitly disclose the core of the posts having a base and a tip wherein the tip is wider than the base.
Regarding claim 14, Anderson teaches a fabric strap (fastener) where the posts (12, 13, prongs) have a base (neck) and a tip (enlarged head) and wherein the tip is wider than the base (figure 5).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the shape of the posts of Berg to mimic the shape of the posts as taught by Anderson. One would be motivated to make this modification in order to increase the security of the fastening connection (column 2, lines 26-29).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARA BROOKS whose telephone number is (571)272-9484. The examiner can normally be reached M-F: 8am-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.
/K.J.B./Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
