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 Objections
Claim 1 objected to because of the following informalities: Claim 1 recites “a pair of left and right first and second fastener strings” and “a pair of left and right first and second fastener tapes”. These limitations imply there are four fastener stringers (left first, left second, right first, right second) and four fastener tapes (left first, left second, right first, right second).
Appropriate correction is required.
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.
Claims 1-6 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.
Claim 1 recites “in a longitudinal direction of the first and second fastener tapes, a side of the top stop is defined as the front side, a side of the bottom stop is defined as the rear side, a direction horizontal to surfaces of the first and second fastener tapes and perpendicular to a front-rear direction is defined as a left-right direction, and a direction perpendicular to the surfaces of the first and second fastener tapes is defined as an upper-lower direction” which is not sufficient to adequately define the coordinate system. The claimed “a side of the top stop” can be any side of the top stop and the same applies to the bottom stop which makes the “front-rear” direction under-constrained which in turn makes the left-right direction under-constrained. The coordinate system is vital to clearly understanding the device (see Claims 2-4) and must be clarified.
Claim 2 recites “a first front portion formed on an upper side of the first fastener tape” which creates further confusion as to what is the base coordinate system. As can best be determined by the Examiner, the front portion and upper side are orthogonal to one another and therefore one could not be formed on the other.
Claim 2 further recites “a thickness from the first fastener tape thinner than that of the first front top surface as the first front tapered portion is separated from the first front top surface”. This limitation is simply not understood at all. Examiner cannot ascertain the “a thickness” of the first fastener tape and the “first front top surface as the first front tapered portion is separated from the first front top surface” is also not understood and is considered incoherent”. It is not clear how the surface would “separate”.
Claim 2 recites “the side of the second fastener tape is recessed” which is not understood nor is it apparent in the drawings.
Claim 3 recites “a first front portion side surface forming a side surface of the first front portion” which is either redundant or incoherent as the “front” and “side” are understood to be intended to be orthogonal.
Claim 3 further recites “at least one surface of the first front portion side surface is on the rear side”. It is unclear how a “front portion” which is also a “side surface” can also be “on the rear side”.
Claim 4 recites “a first back portion formed at a lower side” which, again, creates confusion as to what the base coordinate system is. Furthermore, the “first back portion” is claimed to have a “first back top surface”. One of ordinary skill in the art cannot clearly and definitely discern the structure of the element being claimed.
Claims 5-6 are rejected as depending from a rejected claim.
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) 1 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson, U.S. Patent 1,910,953 in view of Takani, U.S. Patent Application Publication 2009/0049659.
Regarding Claim 1, insofar as the claim is understood (see 112 rejection above) Johnson teaches:
A fastener chain (Fig. 1) including a pair of left and right first and second fastener
stringers (Fig. 3, elements 3) in which first and second…elements (3)…attached to first and second side edges (see Fig. 1) of a pair of left and first and second fastener tapes (1, 2), respectively;
a slider (4) configured to allow the first and second…elements to pass therethrough and
configured to open and close a portion between the first and second fastener stringers (Fig. 1)…
…a first top stop (7, 8) attached to the first fastener tape at a front side of the first
elements; and
a second top stop (5) attached to the second fastener tape at the front side of the
second elements,
wherein;
the first top is installed to be able to approach and separate front end portion
that is furthest forward in the first elements and has a shape (8) that does not allow the slider to pass therethrough (Pg 1, Lns 50-66),
the second top stop (5) is installed to include a front end portion that is further
forward in the second elements and has a shape that allows the slider to pass therethrough (Pg 1, Lns 50-66), and
in a longitudinal direction of the first and second fastener tapes, a side of the
top stop is defined as the front side, a side of the bottom stop is defined as the rear side, a direction horizontal to surfaces of the first and second fastener tapes and perpendicular to a front-rear direction is defined as left-right direction, and a direction perpendicular to the surfaces of the first and second fastener tapes is defined as an upper-lower direction (see Examiner’s Note below).
Johnson does not teach:
First and second filament elements made of a resin.
A bottom stop configured to connect the first and second fastener stringers at a rear side of the first and second fastener stringers.
Takani teaches:
First and second filament elements made of a resin (see 23, see Paragraph [0049]).
A bottom stop (4) configured to connect the first and second fastener stringers at a rear side of the first and second fastener stringers (Fig. 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Johnson with the teachings of Takani because resin filaments would be an affordable material for high volume manufacturing and the bottom stop would prevent the slider from coming disengaged at the bottom of the stringers.
**Examiner’s Note: Examiner notes that the limitations which designate the front, bottom, rear and other relative directional positions are considered obvious to those of ordinary skill in the art to designate and given little patentable weight as they can simply be assigned to the prior art as instructed in the claim.
Regarding Claim 5, Johnson teaches:
The slider includes a body (4) and a pull tab (see below) for pulling the body,
the body includes an upper blade (see below), a lower blade (see below), and a guide
column (see below) configured to connect the front portions of the upper blade and the lower blade…
…the lower blade includes a first lower flange (see below) extending to the upper side
from the one end in the left-right direction and a second lower flange extending from the other end to the upper side,
a frontward opening (see below) at an end on the front side which is defined by the
upper blade, the lower blade, and the guide column (Fig. 3), a rearward opening (see below) at an end on the rear side which is defined by the upper blade, the lower blade, the guide column…the first lower flange and the second lower flange from the frontward opening to the rearward opening are formed, and
a width dimension of the first top stop in the left-right direction is larger than a width
dimension of at least one portion of the guide passage in the left-right direction (see Fig. 2, see Pg 1, Lns 58-65.).
Johnson does not clearly and explicitly teach:
The upper blade includes a first upper flange extending to the lower side form one end in the left-right direction and a second upper flange extending to the lower side from another end.
Takani teaches a slider with:
An upper blade (9) includes a first upper flange (8) extending to the lower side form one end in the left-right direction and a second upper flange (8) extending to the lower side from another end (Fig. 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Johnson with the teachings of Takani because these structures are notoriously old and well-known in the zipper/slider prior arts and these structures would channel the fasteners into proper engagement which is the primary purpose of the slider.
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Regarding Claim 6, Johnson clearly teaches a top stop (7, 8) used in a slide fastener (see Figs. 1-3).
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson-Takani as applied to claim 1 above, and further in view of Treacy, U.S. Patent 12,022,919.
Insofar as the claims are understood (see 112 rejections above), Johnson, in the instant combination teaches:
A first front portion formed on an upper side of the first fastener tape (see below) and the first front portion has a first front top surface and a first front tapered portion (see below) and the fastener tape being thinner than the stop.
A first front portion side surface forming a side surface of the first front portion (see below).
A first back portion formed at a lower side of the first fastener tape (see below), a first back top surface and a first back portion side surface (see below).
Johnson-Takani does not teach:
A first front tapered portion…a thickness from the first fastener tape thinner than that of the first front top surface as the first front tapered portion is separated from the first front top surface.
At least one surface of the first front portion side surface on the rear side and the side of the second fastener tape is recessed.
The rear side of the first back portion side surface is formed as an inclined surface along at least part of a front end of the slider.
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Treacy teaches:
A first front tapered portion (see below)…a thickness from the first fastener tape thinner than that of the first front top surface as the first front tapered portion is separated from the first front top surface (see below).
At least one surface of the first front portion side surface on the rear side and the side of the second fastener tape is recessed (see below).
The rear side of the first back portion side surface is formed as an inclined surface along at least part of a front end of the slider (see Fig. 1, element 37).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Johnson-Takani with the teachings of Treacy because both Johnson-Takani and Treacy because both Johnson and Treacy teach slider fastener “top stops” which allow the slide fastener to be removed by exploiting the geometry of the top stop which permits replacement of the slider due to damage or wear-and-tear. Furthermore, providing Johnson-Takani with the shape taught by Treacy would eliminate the need to manipulate element 8 of Johnson to remove the slider. This provides the benefit of allowing users with compromised finger dexterity to still accomplish removal of the slider and also reduces the number of moving parts in the device which reduces complexity of the device. And lastly, this modification amounts to a change in shape and a change in shape is generally considered obvious to those of ordinary skill in the art and applicant has not provided any unforeseen result stemming from the use of the claimed structure nor provided any specific problem solved by the claimed structure, In re Dailey, and Applicant has not provided any criticality for the claimed geometry.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
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