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 .
Election/Restrictions
Applicant's election with traverse of Claims 1-7 and 10-14 in the reply filed on 09/08/2026 is acknowledged. The traversal is on the ground(s) that a method comprising injecting a ceramic material is not materially different from a method comprising injecting a material as required by method claims. This is not found persuasive because ceramic is not the same as the plastic as required by instant claim 10. Furthermore, other materials such as dough or molten metallic material can be used instead of plastic or ceramics.
Applicant argues there is no serious search and/or examination burden imposed
on the Examiner pertaining to inventions III and II. Examiner respectfully disagrees. The product as claimed can be made by another and materially different apparatus. For instance, the device can be made by a mold comprising no fastener receiving chambers.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
the inventions require different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claims 8-9 and 15-27 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 09/08/2026.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by OGAWA et al. (4,842,916).
Regarding claims 1 and 6, OGAWA et al. discloses a method of molding a device to be distributed with one or more fasteners, the method comprising:
providing a mold (6) having one or more cavities (Fig.3(a)) configured to define the device (Fig.4) and one or more fastener holders (1, 2, 4, 5) integrally formed therewith (Fig.1-4);
providing one or more fastener receiving chambers (7) formed in the mold (6) that are configured to contain the one or more fasteners (1, 2, 4, 5) (Fig.3(a)-Fig.3b));
feeding the one or more fasteners into the one or more fastener receiving chambers (Fig.3(a)); and
injecting a material (8) into the mold (6) subsequent to feeding the one or more fasteners into the one or more fastener receiving chambers, wherein the one or more fasteners are releasably molded therein (Fig.4) (C5:L8-15; C6:L3-4).
Regarding claims 2-5, OGAWA et al. discloses the separable hook and loop type fastener component according to the invention may include a magnetic metal strip which is interposed between the hook and loop fastener and the anchor member. This magnetic metal strip is attracted by a magnet which is located at the bottom of the mold to facilitate situation and positioning of the fastener component in the mold. In case the anchor member is formed integrally with the hook and loop fastener, it suffices to position the metal plate in the part of the fastener portions where the anchor member is provided (C4:L30-40).
Claim(s) 1, 7, 10, 11, and 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by MCVICKER (5,656,226).
Regarding claims 1 and 7, MCVICKER discloses a method of molding a device (10) to be distributed with one or more fasteners (50), the method comprising:
providing a mold (102, 104-Fig.10) having one or more cavities (106, 108-Fig.10) configured to define the device and one or more fastener holders (112-Fig.10) integrally formed therewith;
providing one or more fastener receiving chambers (112-Fig.10) formed in the mold that are configured to contain the one or more fasteners (50);
feeding the one or more fasteners into the one or more fastener receiving chambers (Figs.1-2 and 10); and
injecting a material into the mold subsequent to feeding the one or more fasteners into the one or more fastener receiving chambers, wherein the one or more fasteners are releasably molded therein (C5:L29-38; C6:Claim 1).
Regarding claims 10, 11, and 14, MCVICKER discloses a method of molding a device to be distributed with one or more fasteners, the method comprising:
separating a first mold plate (102-Fig.10) and a second mold plate (104-Fig.10) of a mold, the first mold plate and the second mold plate forming one or more cavities (106, 108-Fig.10) configured to define the device (10) and one or more fastener holders (112-Fig.10) integrally formed therewith when the first and second mold plates are advanced into abutting relationship (Fig.10), wherein a first portion of one or more fastener receiving chambers is formed in the first mold plate and configured to receive the one or more fasteners when the first and second mold plates are separated and a second portion of the one or more fastener receiving chambers is formed in the second mold plate, wherein when the first and second mold plates are advanced into abutting relationship, each of the one or more fastener receiving chambers extends through and opens into the one or more cavities configured to define the one or more fastener holders (Fig.10);
feeding the one or more fasteners into the first portion of each of the one or more fastener receiving chambers when the first and second mold plates are separated (Fig.10);
advancing the first and second mold plates into abutting relationship (C5:L33-38);
injecting a plastic material into the one or more cavities of the mold to form the device and the one or more fastener holders integrally formed therewith (C5:L33-38), wherein the one or more fasteners are releasably molded in the one or more fastener holders (C5:L29-38; C6:Claim 1);
advancing the first and second mold plates to a separated position (Fig.10); and
ejecting from the mold the device with the one or more fasteners secured in the one or more fastener holders integrally formed with the device (C5:L29-38; C6:Claim 1; Fig.2).
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) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over MCVICKER (5,656,226) as applied as described above for claims 1, 7, 10, 11, and 14, and in further view of OGAWA et al. (4,931,344).
The teachings of MCVICKER are applied as described above for claims 1, 7, 10, 11,
and 14.
Regarding claims 12-13, MCVICKER is silent to magnets to secure the fasteners in the fastener receiving chambers. However, OGAWA et al. teaches magnets (10) embedded in the mold (Fig.6) of a fastener receiving chamber to fix the fastener component in position in the mold during a molding process (Abstract). Therefore, it would have been obvious to one of ordinary skill in the art to have modified the method of MCVICKER to incorporate magnets in the mold as taught by OGAWA et al. for the advantages associated therewith which is to fix or securely hold the fastener in the chamber during the injection molding process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
a) McVicker (2005/0186386) discloses method and apparatus for manufacturing article with integrally formed hooks with shear at hook-bearing surface.
b) Clune (6,524,507) discloses process and apparatus for forming fastener elements.
c) Buzzell et al. (6,059,558) discloses injection molding fastener products.
d) Buzzell et al. (WO 9958311) discloses injection molds for molding products with fastener elements.
e) Chapman (3,238,287) discloses method for encapsulating a headed member with a molten material.
f) Schomers (DE 102008006447) discloses fastening unit supplying and positioning method for use during manufacturing of plastic component by injection molding in injection molding machine, involves inserting unit into tool and/or insert over gripper with magnet element.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/ Primary Examiner, Art Unit 1742
