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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “thin” in claim 4 is a relative term which renders the claim indefinite. The term “thin” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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)(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) 1-3 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu (U.S. 2015/0313322, as cited by Applicant).
As for Claim 1, Lu discloses slide fastener element member comprising:
a string-shaped fixing member (5); and
a plurality of elements (100) that is attached to the fixing member and that forms
an element row (row of 100), wherein:
the elements each include an engagement portion (15) configured to be engaged with an element on an engagement counterpart side, and a body portion (16, 20, and 30) extending from the engagement portion in a front-rear direction of the element and fixed to the fixing member, in the body portion, a recess (40) recessed toward the fixing member is provided along a width direction of the element on an opposite engagement portion side (side opposite 15) that is a side opposite to the engagement portion with respect to the fixing member (see Figs. 1-5), and
the recess is formed such that a depth at both ends in the width direction of the element is greater than that at a central portion in the width direction of the element (see Fig. 9 disclosing depth at left and right ends of opening and groove 40 is deeper than where the depth from opening stops at the member 50)
Re: 2. (Currently Amended) The slide fastener element member according to claim 1,
wherein:
the body portion of the element includes a front side body portion (30) and a back side body portion (20) that are positioned on a front side and a back side, respectively, with respect to the fixing member in a height direction of the element (see Figs.1-5),
the recess is formed between facing surfaces of the front side body portion and the back side body portion(inner surfaces of 20 and 30), and
a connecting portion (50) is provided in the recess at the central portion in the width direction of the element, which connects the front side body portion and the back side body portion, and which is brought into contact with the fixing member on the opposite engagement portion side (see Figs. 3-5).
Re: 3. (Currently Amended) The slide fastener element member according to claim 2,
wherein in the recess, the fixing member is exposed to the opposite engagement portion side at the both ends in the width direction of the element (see Figs 1-5 and 9 disclosing 40 being open in both left and right sides to receive member 5).
Re: 6. (Currently Amended) The slide fastener element member according to claim 1, wherein a maximum opening dimension (height of opening 40) of the recess is smaller than a height
dimension of the element (height of 10).
As for claim 7, Lu discloses a slide fastener-equipped product comprising:
a pair of left and right slide fastener element members (100) according to claim 1,
a slider (see Abstract) that is configured to engage left and right element rows (rows of 40) formed by the plurality of elements; and
a fastener attached member (5) to which the pair of left and right slide fastener
element members are attached (see Fig. 1).
Allowable Subject Matter
Claim 5 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kojima (U.S. 2013/0097819) discloses an analogous fastening member pertinent to Applicant’s disclosure.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
