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.
Claim 20 is rejected under 35 U.S.C. 112(b) 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.
Regarding claim 20, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) {MPEP § 2173.05(p)}.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-5, 8, 14, and 16 is/are rejected under 35 U.S.C. 102(a)(1&2) as being anticipated by Graham US 6622346.
Regarding claim 1, Graham discloses an elongated touch fastening strip, comprising
a body of flexible material with two opposite faces bounded by lateral edges extending along a length of the body of flexible material (figure 3); and
mutually engageable touch fastener elements carried on the faces of the flexible material to releasably fasten overlapping portions of the fastener material together with the fastening strip wrapped about an object (figures 5-6);
wherein the body of flexible material has two opposite ends, including a head end and a tail end, and a central region connecting the two opposite ends, the lateral edges defining a nominal width therebetween in the central region (figure 3); and
wherein the head end comprises a contiguous area engageable over a width at least as great as the nominal width over an engageable head length, measured from a distal end of the head end opposite the central region, of at least half and no more than three times the nominal width (figure 3), and
wherein the head end extends asymmetrically toward one side of the fastening strip to form a lateral tab (figure 3).
Regarding claim 4, Graham discloses the elongated touch fastening strip of claim 1, wherein head end is of greater lateral width than the nominal width (figure 3).
Regarding claim 5, Graham discloses the elongated touch fastening strip of claim 1, wherein the tail end has a distal portion that is of lesser lateral width than the nominal width (figure 3).
Regarding claim 8, Graham discloses the elongated touch fastening strip of claim 1, wherein the contiguous area is a convex region (figure 3, as understood by the Examiner from page 8 of applicant’s disclosure).
Regarding claim 14, Graham discloses the elongated touch fastening strip of claim 1, wherein one of the lateral edges includes a leading lateral edge segment bordering the head end and extending at an oblique angle to a centerline of the central region (figure 3).
Regarding claim 16, Graham discloses the elongated touch fastening strip of claim 1, wherein both the head end and the tail end are both offset laterally with respect to a center line of the central region (figure 3).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6-7, 9, 13, 15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz US 9386824.
Also regarding claim 1, Schultz discloses an elongated touch fastening strip, comprising
a body of flexible material with two opposite faces bounded by lateral edges extending along a length of the body of flexible material (3300 of figure 36); and
mutually engageable touch fastener elements carried on the faces of the flexible material to releasably fasten overlapping portions of the fastener material together with the fastening strip wrapped about an object (3312 and 3316);
wherein the body of flexible material has two opposite ends, including a head end and a tail end, and a central region connecting the two opposite ends, the lateral edges defining a nominal width therebetween in the central region (figure 33); and
wherein the head end comprises a contiguous area engageable over a width at least as great as the nominal width over an engageable head length, measured from a distal end of the head end opposite the central region (3306 and 3309), and
wherein the head end extends asymmetrically toward one side of the fastening strip to form a lateral tab (near 3309);
but does not specify the head end length of at least half and no more than three times the nominal width.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a length, in order to accommodate a particular object(s) to be bound; since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Regarding claim 2, Schultz teaches the elongated touch fastening strip of claim 1, wherein the body of flexible material has an essentially constant lateral width over the engageable head length (figure 33).
Regarding claim 3, Schultz teaches the elongated touch fastening strip of claim 2, wherein the body of flexible material is of the lateral width over all of the length of the body of flexible material (figure 33).
Regarding claim 6, Schultz teaches the elongated touch fastening strip of claim 1, wherein the engageable head length includes all portions of the head end of the strap in which the head end is asymmetric with respect to a centerline of the central region (figure 33).
Regarding claim 7, Schultz teaches he elongated touch fastening strip of claim 1, wherein the lateral edges are linear throughout the central region (figure 33).
Regarding claim 9, Schultz teaches the elongated touch fastening strip of claim 1, wherein the contiguous area is void of apertures extending through the body of flexible material (figure 33).
Regarding claim 13, Schultz teaches the elongated touch fastening strip of claim 1, wherein one of the lateral edges includes a lateral edge segment bordering the contiguous area and parallel with the lateral edges in the central region (figure 33).
Regarding claim 15, Schultz teaches the elongated touch fastening strip of claim 1, wherein the mutually engageable touch fastener elements comprise: an array of male touch fastener elements covering one of the two opposite faces, and hook-engageable fibers disposed on the other of the opposite faces (figure 20).
Regarding claim 17, Schultz teaches the elongated touch fastening strip of claim 1, releasably connected to other fastening strips to form a set of fastening strips wrapped up as a roll of fastening strips and held in roll form by the mutually engageable touch fastener elements (figure 34).
Regarding claim 18, Schultz teaches a sheet of fastening material die cut to define multiple fastening strips according to any of claims 1 through 16 (figure 35).
Regarding claim 19, Schultz teaches the sheet of fastening material of claim 18, wrapped up as a roll of fastening strips and held in roll form by the mutually engageable touch fastener elements (figure 34).
Regarding claim 20, Schutlz teaches a method of installing a touch fastening strip to support a portion of a growing plant, but does not specify the method comprising: placing the elongated touch fastening strip of any of claims 1 through 17 adjacent a portion of a growing plant and a plant support; gripping the lateral tab of the strip with one hand; wrapping a remainder of the strip about the growing plant portion and the plant support while continuing to grip the lateral tab, such that the wrapped strip overlaps itself to engage the mutually engageable touch fastener elements and hold the strip in wrapped form; and then releasing the strip.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to perform the method of using as recited, in order to better secure the growing plant to the plant support as intended; since a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art, because if the prior art structure is capable of performing the intended use, then it meets the claim.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graham US 6622346 in view of Schultz US 9386824.
Regarding claim 10, Graham teaches the elongated touch fastening strip of claim 1, wherein the contiguous area defines a slit extending into the area of the body of flexible material within the head end (306); but does not specify the slit extending from an edge.
Schultz; however, does teach a slit extending from an edge (figure 40). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a slit, in order to accommodate a particular object(s) to be bound; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 11, the references teach the elongated touch fastening strip of claim 10, wherein Graham further teaches the slit is longer than a lateral width of the tail end of the body of flexible material (figure 3).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graham US 6622346.
Regarding claim 12, Graham teaches the elongated touch fastening strip of claim 1, but does not specify wherein a lateral width of the head end plus a lateral width of the tail end equals twice the nominal width of the central region.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such proportions, in order to accommodate a particular object(s) to be bound; since it has been held that, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not operate differently than the prior art device, the claimed device is not patentably distinct from the prior art device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WONG whose telephone number is (571)272-7889. The examiner can normally be reached Monday through Friday from 8:00am to 4:30pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA B WONG/Primary Examiner, Art Unit 3644