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
Claims 2-7, 9-11, 13 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant’s election of Species A in the reply filed on 12 May 2026 is acknowledged. Because applicant did not distinctly and specifically point any errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 8, 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chou (US 2021/0107244) in view of Neugebauer (US 6,343,408).
Regarding claim 1, Chou discloses an apparatus comprising:
a pair of chains (2) connected with a pair of supporting tapes (11);
a pair of filler structures (33, 34) made of a first thermoplastic elastomer (3; Paragraph 52, line 7 describes wherein material 3 is a high polymer elastomer, Paragraph 80 further lists PVC as a thermoplastic material used for the elastomer member) formed within the pair of chains correspondingly (Fig. 3 as shown); and
an extension strip (4a) made of a second thermoplastic elastomer (4c, Paragraph 67, line 15, Paragraph 80 further lists PVC as a thermoplastic material used for the elastomer member) and attached to a free edge surface of a first one of the pair of filler structures (Fig. 5 as shown);
wherein, when the coil-type fluid-impervious zipper is zipped up, the extension strip and a second one of the pair of filler structures are compressed to engage with each other within a first gap formed between the pair of filler structures, so as to minimize a second gap between the extension strip and the second one of the pair of filler structures (Figs. 6-7 as shown).
Chou fails to explicitly disclose wherein the supporting tapes are fabric.
Neugebauer teaches wherein support tapes are known to be made from fabric (Column 3, lines 32-34 describe the base tape as a woven fabric).
From this teaching, it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize the advantage of the use a fabric material for its flexibility, resilience and strength. Using the woven fabric tape material Neugebauer in place of the support tape of Chou would provide the desired flexibility, resilience and strength required in garments undergoing the stress experienced by a user closing and opening a slide fastener in garments and other applications.
Regarding claim 8, Chou further discloses wherein at least one surface of the pair of supporting fabric tapes is impregnated or coated with a water repellent agent to make the pair of supporting fabric tapes water-repellent (Fig. 5 shows wherein a surface of the tape opposite to the elements is coated with waterproof layer 4).
Regarding claim 12, Chou further discloses a commercial product (Paragraphs 2-3 disclose several commercial products: snowsuit, clothes, pants, purse, backpack, etc.) including the coil-type fluid-impervious zipper as disclosed in claim 1.
Regarding claim 14, Chou further discloses the commercial product as disclosed in claim 12, being an article of commercial product selected from a group consisting of an article of clothes, an article carrier, and a camping gear (Paragraph 2 lists a camping tool, clothes and purse/backpack).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chou (US 2010/0125982) and Chou (US 2024/0398072) for a slide fastener wherein a polymeric material is pressed between opposed tape edges. Williams (US 2012/0023713) for a waterproof layer pressed together to seal the gap between tape edges.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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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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/MICHAEL S LEE/ Examiner, Art Unit 3677
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