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 . Applicant’s amendment incorporates the limitations of original dependent claim 9 into independent claim 1 without further change. Therefore making the new ground of rejection set forth in this Office action not necessitated by amendment.
Claim Rejections - 35 USC § 102
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)(13) 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) 1-5 and 10 is/are rejected under 35 U.S.C. 102(a)(13) as being anticipated by Akashi, US 4,223,425.
Regarding claim 1, Akashi discloses a fastener stop structure (13), [suitable for being installed at an end portion in a length direction of a pair of element columns (E1, E2) disposed in a fastener chain (11, 12)], and comprising: a first stop portion (13b), installed at an end portion in the length direction of one of the pair of element columns (E2); and a second stop portion (13a), installed at an end portion in the length direction of the other of the pair of element columns (E1) and is disposed adjacent to the first stop portion (13b; figure 3), wherein an inner lateral surface (inner surface of 13b; figure 3) of the first stop portion (13b) facing the second stop portion (13a) is provided with a protruding portion (20), a size of a portion of the first stop portion (13b) where the protruding portion (20) is disposed in a width direction is greater than a size of an element channel (between diamond S4 and flange S2) of the slider (S) used in the fastener chain in the width direction (figure 3), the first stop portion (13b) and the second stop portion (13a) each have a front end edge (upper marginal edge 16, flush with the ends of tapes 11, 12) in a sliding direction in which the slider (S) engages the pair of element columns (E1, E2), and a rear end edge (lower end of the lug, adjacent E1, E2) in a sliding direction in which the slider (S) separates the pair of element columns (E1, E2; figures 4-6), and the protruding portion (20) is disposed at a distance from the front end edge (16) of the first stop portion (13b) in the length direction (at the lower portion of edge 14; figure 3), and the protruding portion (20) protrudes further toward the second stop portion (13a) than a centerline (central longitudinal axis C) of the pair of element columns (E1, E2; figure 3).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the fastener stop structure, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the top end stop of slide fastener disclosed by Akashi, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, Akashi discloses the fastener stop structure (13) according to claim 1, wherein: the inner lateral surface (14 of 13b) of the first stop portion (13b) facing the second stop portion (13a) is provided with a concave portion (portion of V-shaped bay 15 bounded by edge 14 of 13b), the concave portion (15 at 14) is located between the front end edge (16) of the first stop portion (13b) and the protruding portion (20), and a shape of the concave portion (15 at 14) corresponds to a shape of a guiding post (S4) disposed on the slider (S) used in the fastener chain (bay 15 is “complementary in shape with the periphery of the diamond S4”, serving to receive and anchor the diamond therein; col.2, ll. 54-64, figure 3).
Regarding claim 3, Akashi discloses the fastener stop structure (13) according to claim 2, wherein: the concave portion (15 at 14) has a first lateral surface (upper segment of edge 14 adjacent edge 16) close to the front end edge (16) and a second lateral surface (lower segment of edge 14 leading into projection 20) close to the protruding portion (20), an obtuse angle (at the bend between the upper and lower segments of 14) is formed between the first lateral surface (upper segment) and the second lateral surface (lower segment).
Regarding claim 4, Akashi discloses the fastener stop structure (13) according to claim 3, wherein: the second lateral surface (lower segment of 14) of the concave portion (15 at 14) is inclined toward the rear end edge (lower end of 13b) of the first stop portion (13b) relative to a level baseline (horizontal line across the width at the bend of edge 14) extending in the width direction (see figure 3).
Regarding claim 5, Akashi discloses the fastener stop structure (13) according to claim 1, wherein: the front end edge (16) of the first stop portion (13b) and the front end edge (16) of the second stop portion (13a) are each configured in a linear shape extending in the width direction, and are aligned in the width direction (see figures 1-3).
Regarding claim 10, Akashi discloses a fastener (10), comprising: a fastener chain (tapes 11, 12 carrying E1, E2), comprising a pair of fastener tapes (11, 12) and a pair of element columns (E1, E2) disposed on inner edges of the pair of fastener tapes (11, 12) and facing each other; a slider (S), installed at the fastener chain and having a guiding post (S4) and a pair of element channels (22) located on two opposite sides of the guiding post (S4); and a fastener stop structure (13) according to claim 1, installed at the end portion in a length direction of the pair of element columns (E1, E2), wherein when the slider (S) slides on the pair of element columns (E1, E2) along the length direction (figures 2-6), the pair of element columns (E1, E2) pass through the pair of element channels (between S4 and S2), and the first stop portion (13b) and the second stop portion (13a) of the fastener stop structure (13) are able to enter the pair of element channels (between S4 and S2; figure 3).
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akashi, US 4,223,425 in view of Chang, US 2012/0017403.
Regarding claim 6, Akashi discloses the fastener stop structure (13) according to claim 1. Akashi does not explicitly disclose wherein: an end portion of the protruding portion (20) closest to the second stop portion (13a) in the width direction is a rounded chamfer. Chang teaches a fastener stop (10) having a protruding portion (102), wherein the corners and edges of the stop are all round ([0018]), such that an end portion of the protruding portion (102) is a rounded chamfer (rounded corners and edges). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the projection (20) of Akashi such that its end portion closest to the second stop portion (13a) in the width direction is a rounded chamfer, as taught by Chang, in order to allow the stop portions to slide smoothly into the slider and the diamond (S4) to move smoothly past the projection.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akashi, US 4,223,425.
Regarding claim 7, Akashi discloses the fastener stop structure (13) according to claim 1. Akashi does not explicitly disclose wherein: the protruding portion (20) is closer to the front end edge of the first stop portion (13b) in the length direction than to a middle portion of the first stop portion (13b). Akashi discloses that the projection (20) is located at the lower end of edge 14, at approximately the mid-length of the lug 13b (first stop portion; figure 3) to be disposed “for abutting engagement with the slider diamond”. The lengthwise position of the projection (20) is a result-effective variable. Moving the projection (20) toward the front edge (16) shortens the portion of the concave portion (bay 15) above it and brings the diamond (S4) into abutment with the projection (20) earlier in the opening stroke, so the stop portions (13b, 13a) spread, and the elements (E1, E2) disengage sooner. Moving it toward the read end edge lengthens the concave portion (15) and the travel of the slider (S) before the stop portions spread (figures 4-6). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to locate the projection (20) closer to the front end edge (16) of the first stop portion (13b) in the length direction than to a middle portion of the first stop portion (13b), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, Akashi teaches the fastener stop structure (13) according to claim 7. Akashi does not explicitly disclose wherein: the distance between the protruding portion (20) and the front end edge (near 14) in the length direction is between 1/10 and 2/5 of a size of the first stop portion (13b) in the length direction.
However, for the reasons set forth above regarding claim 7, the lengthwise position of the projection (20) relative to the front end edge (16) is a result-effective variable governing when the diamond (S4) abuts the projection (20) and spreads the stop portions (13b, 13a). Therefore, making the claimed range of 1/10 - 2/5 nothing more than a routine design choice within a recognized parameter. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to consider the distance to be between 1/10 and 2/5 of a size of the first stop portion, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10 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. See PTO-892 for similar art cited.
Himi et al. (US 7,185,400) discloses a top end stop with a width exceeding the element aisle.
Yoshimura (US 4,858,284) discloses separable bottom end stop members with one member having a portion protruding further toward the other member than a centerline of the coupling elements.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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