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 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 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 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ichikawa et al.(U.S. 2002/0017800).
As for Claim 1,Ichikawa discloses a fastener comprising:
a first engagement portion defining a snap member (24) configured to engage a mating snap
member (16); and
a second engagement portion (18) extending from the first engagement portion, the second
engagement portion defining a hook shape (see Fig. 5),
wherein the snap member includes an anti-rotation projection (46), the anti-rotation projection being configured to engage with a surface to which the fastener is attached and prevent rotation of the snap member relative to the surface and to the mating snap member (see para [0049]).
Re: Claim 2. The fastener of claim 1, wherein the first engagement portion and the second engagement portion define a monolithic structure (see Fig. 3).
Re: Claim 3. The fastener of claim 1, wherein the anti-rotation projection comprises at least one leg (46) extending in an axial direction of the fastener (see Fig. 3), the leg configured to secure a rotational position of the snap member with respect to the mating snap member (see para [0049]).
Re: Claim 4. The fastener of claim 1, wherein the first engagement portion (24) extends in a first direction (direction of 24 see Fig. 3),
the second engagement portion (18) extending from the first engagement portion in a second direction being angled with respect to a first direction (see Fig. 3).
Re: Claim 5. The fastener of claim 1, wherein a distal end of a hook portion (hook portion of 18) defining the hook shape of the second engagement portion is angled away from a user when the user faces a second side of the snap member (see Fig. 3), the second side facing opposite from a direction in which the first engagement portion of the snap member extends (see Fig. 3).
Re: Claim 6. The fastener of claim 1, wherein: the second engagement portion defines a gap (C-shaped gap of 18) configured to receive a portion of a curtain, and the second engagement portion is configured to be removably received within an opening defined in the curtain (see Figs. 2-5 disclosing structure of 18 being able to be removably received within an opening).
Re: Claim 7. The fastener of claim 1, wherein the first engagement portion of the snap member defines a radial cross-section defining a circular shape (see Fig. 2 disclosing 1 circular shape) and the second engagement portion of the mating snap member defines a radial cross-section defining a circular shape (shape of 18 disclosing a circular shape).
Re: Claim 8. The fastener of claim 1, wherein the second engagement portion comprises a curved portion and a straight portion (see Fig. 2 disclosing a curved and straight portion of 18), and wherein the curved portion and the straight portion define a hook angle (angle defined by hook opening 18) with respect to a vertical direction of the snap member (see Figs. 2-3).
Re: Claim 9. The fastener of claim 1, wherein the snap member comprises a male engagement portion (24) and the mating snap member comprises a female engagement portion (not given any patentable weight because it is not positively recited, 16).
Re: Claim 10. The fastener of claim 9, wherein: the first engagement portion of the snap member comprises the male engagement (24) of the first engagement portion of the snap member; and the first engagement portion of the mating snap member comprises the female engagement portion of the first engagement portion of the mating snap member (not given any patentable weight because it is not positively recited, 16).
Re: Claim 11. The fastener of claim 1, wherein the first engagement portion of the snap member defines an outer diameter at a second end (largest diameter of 24, see Fig. 2) that is larger than an outer diameter of the first engagement portion at a first end (smallest diameter of 24, see Fig. 2).
Re: Claim 12. The fastener of claim 11, wherein a maximum value of the outer diameter of the first engagement portion is configured to decrease during assembly of the fastener (see Fig. 2).
As for Claim 13, Ichikawa discloses a curtain assembly comprising:
a curtain comprising a panel (110); and
a snap member (14) comprising:
a first engagement portion (24) configured to engage with a mating snap member;
a second engagement portion (18) extending from the first engagement portion, the
second engagement portion defining a hook shape (see Fig. 2); and
an anti-rotation projection (46) configured to engage the panel when the second engagement portion is received in an opening of the panel (see Fig. 6).
14. The curtain assembly of claim 13, further comprising a plurality of fasteners comprising a
fastener (12), each of the plurality of fasteners comprising the snap member (14) and the mating snap member (16).
15. The curtain assembly of claim 13, wherein the panel of the curtain further comprises an upper panel and a lower panel (see upper and lower panel 106 and 110); the curtain assembly further comprising:
a plurality of snap members comprising the snap member (14); and
a plurality of mating snap members comprising the mating snap member (16), each of the plurality of mating snap members configured to securely engage with a snap member of the plurality of snap members (see Fig. 7 and para [0065]).
16. The curtain assembly of claim 13, wherein the snap member is a first snap member, the curtain further comprising a second snap member spaced apart from the first snap member (see Fig. 7 and para [0065]).
17. The curtain assembly of claim 16, wherein the second snap member further comprises:
a first engagement portion (24) configured to engage with a first engagement portion of a mating snap member (38); and
a second engagement portion (18) extending from the first engagement portion of the second snap member, the second engagement portion of the second snap member defining a hook shape (see Fig. 2).
As for Claim 18, Nichols discloses a method of using a snap member, the method comprising:
securing a snap member (12) defining a hook shape to a first object (104, see Figs. 3); and
receiving the hook shape within an opening defined in a second object (see Fig. 5); and contacting a surface of the second object with a leg (46) of the snap member to secure a rotational position of the snap member with respect to the second object (102, see Figs. 5-7).
19. The method of claim 18, further comprising:
disengaging the second object from the snap member without removing the snap member from the first object (see Figs. 3-5); and
removably engaging a curtain (110) on the snap member and a panel (106) to the hook shape of the snap member (see Figs. 3-5).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ernst (U.S. 2010/0329819) and Breslow (U.S. 3,118,207) discloses analogous fastener pertinent to Applicant’s disclosure.
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 DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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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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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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