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 (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 –
Claims 1 and 10, are rejected under 35 U.S.C. 102a (1) as being anticipated by Qi et al. (CN113907492A) referenced herein as [492].
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Annotation figure 1 from Qi et al. from [492]
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Annotation figure 2 and 3 from Qi et al. from [492]
Regarding Claim 1, [492] discloses a sliding zipper (fig. 1, zipper), comprising: a female assembly (female assembly of annotated fig. 1) ; and a male assembly (male assembly of annotated fig. 1) wherein the female assembly (annotated fig. 1) comprises a female base tape (Specific implementation examples, par. 4; female base tape of annotated fig. 1) and female teeth (female teeth of annotated fig. 1) that are arranged on the female base tape (annotated fig. 1) and spaced apart from each other, a tooth inner cavity (3.1, fig. 2) and a main sliding part (main sliding part of annotated fig. 1) are formed on each of the female teeth (annotated fig. 1), and a plurality of the tooth inner cavities (annotated fig. 1) and a plurality of the main sliding parts (annotated fig. 1) form a slideway; the male assembly (annotated fig. 1) comprises a male base tape (Specific implementation examples, par. 4; male base tape of annotated fig. 1) and male teeth (male teeth of annotated fig. 1) that are arranged on the male base tape (annotated fig. 1) and spaced apart from each other; each of the female teeth (annotated fig. 1) comprises a female base (female base of annotated fig. 1 and 2) and tooth arm members (tooth arm members of annotated fig. 2), the female base (annotated fig. 1 and 2) is connected to the female base tape (annotated fig. 1), and the tooth arm members (annotated fig. 1) are respectively arranged at two ends of the female base (annotated fig. 2); each of the tooth arm members (annotated fig. 2) comprises a base part (tooth arm base part of annotated fig. 2) and an arm part (arm part of annotated fig. 2) that are connected to each other, the base part (annotated fig. 2) is connected to the female base (annotated fig. 2), and the arm part (annotated fig. 2) of the tooth arm member (annotated fig. 2) at one end of the female base (annotated fig. 2) extends toward the tooth arm member (annotated fig. 2) at the other end of the female base (annotated fig. 2) to form the tooth inner cavity (3.1, fig. 2) and the main sliding part (annotated fig. 2); each of the male teeth (annotated fig. 1) comprises a tooth part (male tooth of annotated fig. 3), a connection part (connection part of annotated fig. 3) and a male base (male base of annotated fig. 3 ), and the male base (annotated fig. 3) is connected to the male base tape (annotated fig.1); and the tooth part (annotated fig. 3) matches the tooth inner cavity (annotated fig. 1), the connection part (annotated fig. 3) matches the main sliding part (annotated fig. 2), the tooth part (annotated fig. 3) is slidable along the tooth inner cavities (annotated fig 1 and 2; Contents of the Invention, par 1.) arranged in sequence, and the male base (annotated fig. 3) covers side surfaces of the arm parts (annotated fig. 2) on a side of the main sliding part (annotated fig 1). For examination purposes, the examiner interprets “base tape” as any material securing/connecting to the female or male tooth.
Regarding Claim 10, [492] discloses a garment (fig. 1), comprising: the sliding zipper (fig. 1, zipper); a first garment part (1, annotated fig. 1; Background, par. 1); and a second garment part (2, annotated fig. 1; Background, par. 1), wherein the first garment part is connected to the female base tape (annotated fig. 1; Specific implementation examples, par. 2), and the second garment part is connected to the male base tape (annotated fig. 1; Specific implementation examples, par. 4), so that where in the first garment part and the second garment part are slidable relative to each other (Contents of the Invention, par. 1).
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.
Claims 2-4,16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Qi et al. (CN113907492A) referenced herein as [492] in view of Mo (CN 214547725 U) referenced herein as [725].
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Annotation figure 1 from Mo [725]
Regarding Claim 2, [492] discloses the sliding zipper (fig. 1, zipper), wherein adjacent surfaces of the male base (annotated fig. 2) and the female base (annotated fig. 2) are both formed with curved surfaces.
Regarding Claim 2, [492] does not disclose the sliding zipper (fig. 1, zipper), wherein a direction from the main sliding part (main sliding part of annotate fig. 2) to the female base (female base of annotate fig. 2) is perpendicular to a plane where the female base tape (annotated fig. 1) is located.
Regarding Claim 2, [725] teaches a slide chain with a female base (1, female chain) and the male base (2, sub-chain). The female base (1, female chain) has two separate female base tapes (11, first base band; 12, second base band) perpendicular to the North/South direction (North/South direction of annotated fig. 1) of the female base (1). For examination purposes, the examiner interprets “wherein a direction from the main sliding part to the female base” equivalent to the North/South direction of annotated fig. 1 from [725].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to add another female base tape and modify the base tape (annotation of fig. 1 from [492]) direction to shift 90 degrees as taught by [725] in order to orient the female assembly specifically from two directions. Fixing the orientation from multiple directions is better than one, limiting unintended movement.
Regarding Claim 3, the previous combination of [492/725] discloses the sliding zipper (fig. 1, zipper from [492]), wherein the male base (male base of annotated fig. 3 from [492]) is formed with a fin part (fin of annotated fig. 3 from [492]) that extends in an extension direction of the female tooth (annotated fig. 2 from [492]). For examination purposes, the examiner interprets “extends in an extension direction of the female tooth” to either mean north, south, east or west direction.
Regarding Claim 4, the previous combination of [492/725] discloses the sliding zipper (fig. 1, zipper from [492]), wherein the tooth arm members (annotated fig. 2 from [492]) at the respective ends of the female base (annotated fig. 2 from [492]) are symmetric to each other.
Regarding Claim 16, the previous combination of [492/725] discloses a garment (fig. 1 from [492]), comprising: the sliding zipper (fig. 1, zipper from [492]); a first garment part (1, annotated fig. 1; Background, par. 1 from [492]); and a second garment part (2, annotated fig. 1; Background, par. 1 from [492]), wherein the first garment part is connected to the female base tape (annotated fig. 1 from [725]), and the second garment part is connected to the male base tape (annotated fig. 1; Specific implementation examples, par. 4 from [492]), so that where in the first garment part and the second garment part are slidable relative to each other (Contents of the Invention, par. 1 from [492]).
Regarding Claim 17, the previous combination of [492/725] discloses a garment (fig. 1 from [492]), comprising: the sliding zipper (fig. 1, zipper from [492]); a first garment part (1, annotated fig. 1; Background, par. 1 from [492]); and a second garment part (2, annotated fig. 1; Background, par. 1 from [492]), wherein the first garment part is connected to the female base tape (annotated fig. 1 from [725]), and the second garment part is connected to the male base tape (annotated fig. 1; Specific implementation examples, par. 4 from [492]), so that where in the first garment part and the second garment part are slidable relative to each other (Contents of the Invention, par. 1 from [492]).
Regarding Claim 18, the previous combination of [492/725] discloses a garment (fig. 1 from [492]), comprising: the sliding zipper (fig. 1, zipper from [492]); a first garment part (1, annotated fig. 1; Background, par. 1 from [492]); and a second garment part (2, annotated fig. 1; Background, par. 1 from [492]), wherein the first garment part is connected to the female base tape (annotated fig. 1 from [725]), and the second garment part is connected to the male base tape (annotated fig. 1; Specific implementation examples, par. 4 from [492]), so that where in the first garment part and the second garment part are slidable relative to each other (Contents of the Invention, par. 1 from [492]).
Allowable Subject Matter
Claims 5-9,11-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claims 5-9,11-15 have been indicated as containing allowable subject matter based on the limiting teeth feature wherein a protruding part is provided. This protrusion extends the height of the main male teeth with a specific arc shape. These features create two height variations of teeth which slide through the female assembly’s curved main sliding part.
The prior art (Wang et al., CN 215075935 U; Zhang et al., CN 207693088 U; Yu, CN 108464540 A; Lu, CN 216089211 U) shows rail-based slide/zipper fastener assemblies comprising a male and female assembly having one height size for one or more of male teeth in the male assembly. These rail-based slide/zipper fastener assemblies’ function by sliding or gliding the male and female assemblies relative to one another without a designated slider/zipper to guide. Other prior art shows (Zhou et al.,CN 106418918 A) a fastener assembly with two sets of male assemblies having a variation of male teeth sizes abutting each other when integrated; also (Liu, CN 205418465 U; Porchia, US 5647100 A) a fastener assembly where a male assembly with a one or more of teeth sizes integrate into a female assembly through a pressing or snapping function with or without the guide of a slider/zipper, no sliding functionality between the female and male assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
Baschak et al. (US 20210337939 A1) teaches a rail-based slide/zipper fastener assembly for a garment comprising a plurality of female and male teeth elements.
Wang et al. (CN 216059463 U) teaches a rail-based slide/zipper fastener assembly for a garment comprising two separate male assemblies and two female assemblies connected by a material. Each of the assemblies has a plurality of female and male teeth elements respectively.
Chen et al. (EP 3501322 A1) teaches a rail-based slide/zipper fastener assembly for a garment comprising two separate male assemblies and two female assemblies connected by a material. Each of the assemblies has a plurality of female and male teeth elements respectively. The male assemblies have limiting end stops.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEZTANY O JACKSON whose telephone number is (571)270-5567. The examiner can normally be reached Mon-Fri. 730am-5pm.
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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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/D.O.J./Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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