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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/25/2026 has been entered.
Response to Amendment
Applicant’s amendment and corresponding arguments, filed 9/25/2026, have been reviewed and considered. Claims 1, 5 and 9 have been amended, claim 3 has been cancelled and claim 14 has been added. Therefore, claims 1-2 and 4-14 are currently pending. The double patenting rejection(s) of the previous Office Action have been overcome based on the Terminal Disclaimer dated 9/25/2026. Additionally, applicant’s amendment to independent claim 1 is considered sufficient in overcoming the prior art rejection(s) of the previous Office Action. Note that the film (26) of HANADA (US 5,359,792) does not press the pants towards the press plate “by using an elastic restoring force resulting from a deformation of the film”. However, please note the 35 U.S.C. 112(a) and 112(b) rejections below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2 and 4-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Within the last two lines of amended claim 1, the applicant recites that “the film being configured to press the pants toward the press plate by using an elastic restoring force resulting from a deformation of the film”. Within the applicant’s originally filed disclosure the applicant recites that the “film 130 may be made of a flexible material” (para 0062) and the film “may be configured to have a relatively small thickness and to have bending rigidity enough not to be easily bent by pressure, thereby providing pressing force to pants P” (para 0063) (note para 0062-0065). Additionally, note that within para 0090 of the specification, the applicant discloses that the forces F1 and F2 act on the sides of the pants P by the closure of the press door (sandwiching of pants) wherein force F1 is being applied to the first side portion P1 between the press plate 110 and the film while the force F2 is being applied to the second side portion P2 between the film 130 and the press door 150 (para 0073-0093). However, the originally filed disclosure fails to provide support for “an elastic restoring force resulting from a deformation of the film”. Even though the specification states that the film is both flexible and has bendable rigidity, no mention is made of the deformation or bending of the film to provide an elastic restoring force. Accordingly, this recitation is considered new matter.
All remaining claims are also rejected under 35 U.S.C. 112(a) as being dependent from a rejected base claim.
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.
Claims 1-2 and 4-14 are 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.
Within the last two lines of amended claim 1, the applicant recites that “the film being configured to press the pants toward the press plate by using an elastic restoring force resulting from a deformation of the film”. This recitation is indefinite because it is unclear how the film is being deformed to result in an elastic force to allow the film to press pants toward the press plate. Based on the originally filed disclosure, a first side P1 of the pants P is sandwiched between the press plate 110 and film 130 while a second side P2 of the pants is sandwiched between the press door 150 and the film 130 (shown in figure 6). Accordingly, it appears that the forces (F1, F2) being provided to press the pants is based on the closure of the press door (150). When and how is the film being deformed? Are the film fixing portions (135a, 135b) providing the “restoring force”? Note that the originally filed disclosure is unclear on this issue as noted in the 35 U.S.C. 112(a) rejection above.
All remaining claims are also rejected under 35 U.S.C. 112(b) as being dependent from a rejected base claim.
Allowable Subject Matter
Note that no prior art has been applied to the claims based on the applicant’s amendment. However, please note the 35 U.S.C. 112(a) and (b) rejections as discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
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, Alissa J Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
NED
/NATHAN E DURHAM/Primary Examiner, Art Unit 3732
Prosecution Insights