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 with respect to claim(s) 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Komuro, U.S. Patent 5,991,981.
Regarding Claim 1, Komuro teaches:
A lower blade (2);
an upper blade (1); oppositely disposed above the lower blade;
a guide pillar (3), disposed between the lower blade and the upper blade, and connecting a front end portion of the lower blade and a front end portion of the upper blade in a front-rear direction (see Fig. 2); and
a pair of flanges (see below), respectively disposed on two opposite lateral edges of one of the lower blade and the upper blade on a width direction and extending toward another one of the lower blade and the upper blade, wherein
an inner surface of the another one of the lower blade and the upper blade and an end surface of the flanges are opposite to each other and separated by a gap (see below),
a first groove (see below) is provided on a side surface of the guide pillar, and the first groove overlaps the gap in an up-down direction.
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Regarding Claim 2, Komuro teaches:
A tab pull installing lug, disposed above the upper blade (see Col 2, Lns 15-20, see lug 4),
the first groove being disposed at an end of the guide pillar close to the tab pull installing lug (see Fig. 2).
Regarding Claim 3, Komuro teaches:
The first groove is disposed on two opposite side surfaces of the guide pillar in the width direction (see above, see Fig. 2).
Regarding Claim 4¸ Komuro teaches:
The first groove is disposed on a rear side surface of the guide pillar in the front-rear direction.
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Regarding Claim 5, Komuro teaches:
An inner surface of the upper blade facing the lower blade is provided with a second
Groove (see below), and
the second groove is located at a position on the inner surface of the upper blade close to the guide pillar (see below).
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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(s) 1-5 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keyaki, U.S. Patent 9,930,939 in view of Komuro ‘981.
Regarding Claim 1, Keyaki teaches:
A lower blade (22);
an upper blade (21); oppositely disposed above the lower blade;
a guide pillar (23), disposed between the lower blade and the upper blade, and
connecting a front end portion of the lower blade and a front end portion of the upper blade in a front-rear direction (see fig. 8); and
a pair of flanges (24), respectively disposed on two opposite lateral edges of one of the lower blade and the upper blade on a width direction and extending toward another one of the lower blade and the upper blade, wherein
an inner surface of the another one of the lower blade and the upper blade and an end surface of the flanges are opposite to each other and separated by a gap (28),
Keyaki does not teach:
A first groove provided on a side surface of the guide pillar, and the first groove overlaps the gap in an up-down direction.
Komuro teaches:
A first groove provided on a side surface of the guide pillar, and the first groove overlaps the gap in an up-down direction (see rejection of Claim 1 above for the teachings of Komuro).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Keyaki with the features of Komuro because the grooves would provide additional space inside the slider to prevent binding and catching of the slider and a change in shape is generally considered obvious to those of ordinary skill in the art and applicant has not provided any unforeseen result stemming from the use of the claimed structure nor provided any specific problem solved by the claimed structure nor has applicant cited any criticality for the claimed shape, In re Dailey.
Regarding Claim 2, in the instant combination, Keyaki teaches:
A tab pull installing lug (26), disposed above the upper blade, the first groove being disposed at an end of the guide pillar close to the tab pull installing lug (see Fig. 2).
Regarding Claim 3, in the instant combination, Keyaki teaches:
Wherein, the first groove is disposed on two opposite side surfaces of the guide pillar in the width direction (see drawing selection of Komura, see Keyaki Fig. 4).
Regarding Claim 4, in the instant combination, Keyaki teaches:
Wherein, the first groove is disposed on a rear side surface of the guide pillar in the front-rear direction (see drawing selection of Komura, see Keyaki Fig. 3).
Regarding Claim 5, in the instant combination, Komura teaches:
An inner surface of the upper blade facing the lower blade is provided with a second groove, and the second groove is located at a position on the inner surface of the upper blade close to the guide pillar (see 102 rejection of Claim 5 above).
It would have been further obvious to one of ordinary skill in the art at the time the invention was filed to provide Keyaki with the teachings of Komura the grooves would provide additional space inside the slider to prevent binding and catching of the slider and a change in shape is generally considered obvious to those of ordinary skill in the art and applicant has not provided any unforeseen result stemming from the use of the claimed structure nor provided any specific problem solved by the claimed structure nor has applicant cited any criticality for the claimed shape, In re Dailey.
Regarding Claim 7, in the instant combination, Keyaki teaches:
The lower blade has a front end edge located at the front end portion, and a pair of
shoulder opening lateral edges respectively extending rearward from the front end edge on opposite sides in the width direction, wherein
the front end edge is configured as an arc shape that protrudes outward, and
the shoulder opening lateral edges are configured as inwardly concave arc shapes, while avoidance portions are formed on opposite sides of the lower blade in the width direction (see below).
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Regarding Claim 8, in the instant combination, Keyaki teaches:
The upper blade has a front end edge (see above) located at the front end portion, and
a pair of shoulder opening lateral edges (see above) respectively extending rearward from the front end edge on opposite sides in the width direction, wherein
the front end edge is configured as an arc shape (see below) that protrudes outward, and
the shoulder opening lateral edges are configured as arc shapes that protrude outward (see below).
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Regarding Claim 9¸ see the rejection of Claim 8 above and note the “shoulder opening lateral edges”.
Regarding Claim 10, in the instant combination, Keyaki teaches:
A pair of fastener stringers (4); and
the slider according to claim 1 (see fig. 6), installed on the pair of fastener stringers to open or close the pair of fastener stringers, wherein
the pair of fastener stringers comprise a fastener tape (4) and an element column coil (3) installed on a first surface of the fastener tape,
a boundary between the first groove and a side surface of the guide pillar forms a step portion, and
the step portion is located between a second surface of the fastener tape opposite to the first surface and an end surface of the element column coil opposite to the fastener tape (see below).
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Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keyaki-Komuro as applied to Claim 1 above, and further in view of Keyaki, U.S. Patent 9,038,249.
In addition to the aspects of the claims taught above, Keyaki, in the Keyaki-Komura combination, teaches:
The guide pillar connects the front end edge of the lower blade and the front end portion of the upper blade, and is separated from the front end edge of the upper blade by a distance (see 21-23 in fig. 2).
Keyaki-Komura does not teach:
A front end edge of the front end portion of the lower blade (Fig. 6A, 23a) is further rearward than a front end edge of the front end portion of the upper blade in the front-rear direction (Fig. 6A, 21)…and a retreat portion is formed between a front end side of the guide pillar and the front end edge of the upper blade (see area 26 in Fig. 6A).
Keyaki ‘249 does teach:
A front end edge of the front end portion of the lower blade (Fig. 6A, 23a) is further rearward than a front end edge of the front end portion of the upper blade in the front-rear direction (Fig. 6A, 21)…and a retreat portion is formed between a front end side of the guide pillar and the front end edge of the upper blade (see area 26 in Fig. 6A).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Keyaki-Komura with the teachings of Keyaki ‘249 because the overhanging front top edge would reduce the likelihood of water ingress when the zipper is closed which would enhance user comfort.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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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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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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