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 .
Information Disclosure Statement
The non-patent literature document of the information disclosure statement filed July 17, 2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because no English translation was given. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Objections
Claim 7 is objected to because of the following informalities: the word "that" is unnecessarily included. 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.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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. Evidence that claim 4 fail(s) to correspond in scope with that which the inventor or a joint inventor, or for pre-AIA applications the applicant regards as the invention can be found in the reply filed Jule 17, 2025. In that paper, the inventor or a joint inventor, or for pre-AIA applications the applicant has stated in claim 3 that at least one of a surface of the first terminal element facing the upper blade and the first terminal element facing the lower blade is at least partially inclined, and this statement indicates that the invention is different from what is defined in claim 4 because claim 4 states that the surface of the first terminal element facing the upper blade is parallel to the surface of the first terminal element facing the lower blade. These two elements cannot be both at an angle to each other and parallel to each other.
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)(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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Damon et al. (US 20120042433 A1).
Regarding claim 1, Damon discloses a zipper (12, zipper arrangement) comprising: a first tape (32, tape) with a first row of engaging elements (34, zipper elements); a second tape (42, tape) with a second row of engaging elements (44, zipper elements); a slider (80) having an upper blade and a lower blade (figure 2); a first terminal element (150, left closure member) behind the last engaging element (34, zipper elements) on the first tape (32, tape) in a closing direction of the slider (80); and a second terminal element (160, right closure member) behind the last engaging element (44, zipper elements) on the second tape (42, tape) in the closing direction of the slider (80), wherein in a closed state of the zipper (12, zipper arrangement), the second terminal element (160, right closure member) extends beyond an end face (figure 8A) of the first tape (32, tape) facing the second tape (42, tape), and in the closed state of the zipper (12, zipper arrangement), distance from a tape-facing plane of the upper blade (thickness of 156, column) of the slider (80) to the first tape (32, tape) at an end of the first terminal element (150, left closure member) facing the first row is different from distance from the tape-facing plane of the upper blade (thickness of 152, base block member) of the slider (80) to the first tape (32, tape) at an opposite end of the first terminal element (150, left closure member).
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.
Claims 1, 3, 4, and 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Akashi (US 4244087 A).
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Annotated Figure 2 of Akashi
Annotated Figure 6 of Akashi
Regarding claim 1, Akashi discloses a zipper (10, separable slide fastener), comprising: a first tape (12, stringer tape) with a first row of engaging elements (E, fastener elements); a second tape (11, stringer tape) with a second row of engaging elements (E, fastener elements); a slider (16) having an upper blade (annotated figure 6) and a lower blade (annotated figure 6); a first terminal element (18, socket member) behind the last engaging element (E, fastener elements) on the first tape (12, stringer tape) in a closing direction of the slider (16); and a second terminal element (19, socket member) behind the last engaging element (E, fastener elements) on the second tape (11, stringer tape) in the closing direction of the slider (16), wherein in a closed state of the zipper (10, separable slide fastener), the second terminal element (19, socket member) extends beyond an end face (figure 5) of the first tape (12, stringer tape) facing the second tape (11, stringer tape), and in the closed state of the zipper (10, separable slide fastener), distance (d of annotated figure 2) from a tape-facing plane of the upper blade of the slider to the first tape at an end of the first terminal element (18, socket member) facing the first row is different from distance (D of annotated figure 2) from the tape-facing plane of the upper blade of the slider to the first tape at an opposite end of the first terminal element (18, socket member).
Akashi does not explicitly disclose the socket members (18, 19) being at the top of the slide fastener.
The Examiner is taking Official Notice that it is known in the art to one of ordinary skill that a zipper stopper can be used on the top or bottom of its slide fastener assembly. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to use the socket members (18, 19) of Akashi on the top stop of the zipper. One would be motivated to make this modification in order to have ease of manufacturing by only utilizing one zipper stop.
Regarding claim 3, Akashi discloses at least one of a surface of the first terminal element (18, socket member) facing the upper blade (annotated figure 6) in the closed state of the zipper (10, separable slide fastener) and a surface of the first terminal element (18, socket member) facing the lower blade (annotated figure 6) in the closed state of the zipper (10, separable slide fastener), is at least partially inclined (29, sloping surface) with respect to the first tape (12, stringer tape), so as to rise or fall in the closing direction.
Regarding claim 4, as best understood, Akashi discloses the surface of the first terminal element (18, socket member) facing the upper blade (annotated figure 6) in the closed state of the zipper (10, separable slide fastener) is parallel to (annotated figure 2) the surface of the first terminal element (18, socket member) facing the lower blade (annotated figure 6) in the closed state of the zipper (10, separable slide fastener).
Regarding claim 8, Akashi discloses at least one of a surface of the first terminal element (18, socket member) facing the upper blade (annotated figure 6) of the slider (16) in the closed state of the zipper (10, separable slide fastener) and a surface of the first terminal element (18, socket member) facing the lower blade (annotated figure 6) of the slider (16) in the closed state of the zipper (10, separable slide fastener), is at least partially inclined (29, sloping surface) with respect to the first tape (12, stringer tape), so as to rise or fall in a direction from the first terminal element to the second terminal element.
Regarding claim 9, Akashi discloses at least one of the first and the second terminal elements (18, 19, socket members) has a stopper (17, stop assembly) against which the slider (16) is to abut (column 2, lines 28-33) in the closed state of the zipper (10, separable slide fastener).
Regarding claim 10, Akashi discloses at least one of the first and second terminal elements (18, 19, socket members) is integral with (column 2, lines 34-39) the stopper (17, stop assembly).
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Annotated Figure 3 of Akashi
Regarding claim 11, Akashi discloses the first terminal element (18, socket member) has at least one recess (33, recess of annotated figure 3) at least partially overlapping with (figure 1) a part of the second terminal element (19, socket member) extending beyond the end face of (figure 3) the first tape (12, stringer tape) facing the second tape (11, stringer tape) in the closed state of the zipper (10, separable slide fastener).
Regarding figure 12, Akashi discloses in the closed state of the zipper (10, separable slide fastener), the first terminal element (18, socket member) and a part of the second terminal element (19, socket member) not extending beyond the end face (figure 1) of the first tape (12, stringer tape) together form a “V” shape (figure 5).
Examiner notes that the stud portion (20) forms a V shape with the angled end of the socket member (18).
Regarding claim 13, Akashi discloses the second terminal element (19, socket member) has at least one recess (23, opening) at least partially overlapping (figure 1) with a part of the first tape (12, stringer tape) in the closed state of the zipper (10, separable slide fastener).
Regarding claim 14, Akashi discloses at least one of the first and second terminal elements (18, 19, socket members) has a recess (23, opening) configured to receive a lock pin (18, pin member).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Akashi (US 4244087 A) as applied to claim 1 above, and further in view of Marinsky (US 2115369 A).
Regarding claim 2, Akashi discloses a zipper (10, separable fastener) having a slider (16) with an upper blade (annotated figure 6), a first tape (12, stringer tape), first and second terminal elements (18, 19, socket members), and rows of engaging element (E, fastener elements).
Akashi does not explicitly disclose the ratio or thickness relationship between the first tape, the distance between the first tape and the upper blade of the slider at the top of the slider, and the distance between the first tape and the upper blade of the slider at the bottom of the slider.
Regarding claim 2, Marinsky teaches a zipper (separable fastener) having a slider (13) with an upper blade (top of 13, slider), a first tape (10), first and second terminal elements (17, 17a, coupling bars), and rows of engaging element (12, coupling links), wherein when the distance from the tape-facing plane of the upper blade (top of 13, slider) of the slider (13) to the first tape (10) at the end of the first terminal element (17, 17a, coupling bars) facing the first row (12, coupling links) in the closed state of the zipper is d, the distance from the tape-facing plane of the upper blade (top of 13, slider) of the slider (13) to the first tape (10) at the opposite end is D, and thickness of the first tape (10) at an edge facing the second terminal element (17, 17a, coupling bars) in the closed state of the zipper is T, the following relation applies: 0.5 T ≤ D – d ≤ 2 T.
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 thicknesses of the socket members and stopper of Akashi to follow the thickness ratios as taught by Marinsky. One would be motivated to make this modification in order to have a slide fastener closure that is easy and cost effective to manufacture and assemble but still durable (page 1, lines 4-11 of Marinsky). It would have been obvious from the figure of Marinsky that the tape (10), labeled as T, is the same thickness as the end plate (16), labeled as d, and the block, labeled as D, is 2-3 times thicker than the tape or end plate. Since the spec does not provide reasoning for the claimed ratio, the optimization of the thicknesses can be deemed obvious to create this invention and the referenced art. See MPEP 2144.05.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Akashi (US 4244087 A) as applied to claims 1, 3, and 4 above, in view of Ichikawa et al (US 6826810 B2).
Regarding claim 5, Akashi discloses a zipper (10, separable slide fastener) having a first terminal element (18, socket member) that is inclined (29, sloping surface) with respect to the first tape (12, stringer tape).
Akashi does not explicitly disclose the specificity of the inclination angle of the first terminal element (18, socket member).
Regarding claim 5, Ichikawa teaches a zipper (1, slide fastener) having a first terminal element (7, male member) that is inclined (18, 19, 20, inclined surfaces), wherein the inclination angle of the surface (20, inclined surface) of the first terminal element (7, male member) facing the upper blade (top surface of 3, slider) in the closed state of the zipper (1, slide fastener), is in a range from 0.1° to 15° (5° to 10°).
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 sloping surface (29) of Akashi to be between 5 and 10 degrees as taught by Ichikawa. One would be motivated to make this modification in order to have a slide fastener with a terminal element that is steep enough to engage the slider and keep it in place (column 3, lines 41-45 of Akashi), but not so steep that it keeps the slider from being able to move upward (column 6, lines 34-43 of Ichikawa).
Regarding claim 6, the previously made combination of Akashi/Ichikawa discloses the inclination angle (20, inclined surface) is in a range from 3° to 10° (5° to 10°, column 6, lines 39-41).
Regarding claim 7, Akashi/Ichikawa discloses that the inclination angle (20, inclined surface) is in a range from 4° to 6° (5°, column 6, lines 39-41). See MPEP 2144.05
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Akashi (US 4244087 A) as applied to claim 1 above, in view of Takani (EP 2622985 A1).
Regarding claim 15, Akashi discloses a zipper (10, separable slide fastener) having first and second terminal elements (18, 19, socket members).
Akashi does not explicitly disclose either of the terminal elements being provided with an advertising element.
Regarding claim 15, Takani teaches a zipper (10, slide fastener) having a first terminal element (50, end stop) and a second terminal element (70, end stop), wherein the first terminal element (50, end stop) has is provided with an advertising element (60, decoration member).
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 socket member (19) of Akashi to include a decoration member (60) as taught by Takani. One would be motivated to make this modification in order to have a slide fastener with improved aesthetics and enhanced commercial value due to the decoration on it as taught by Takani in the “Problems to Be Solved by Invention” section.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wang (CN 216907058 U) teaches a double-opening plug-in slide fastener.
Johnson (US 1910953 A) teaches a stop for sliding fastener closures.
Forster (US 2044161 A) teaches a separable fastener with an angled stop.
Erdmann (US 2792610 A) teaches a slide fastener with a stop extending from the base and having varying thicknesses.
Kusayama et al. (US 20070067969 A1) teaches a top stop for a slide fastener.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARA BROOKS whose telephone number is (571)272-9484. The examiner can normally be reached M-F: 8am-5pm.
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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/K.J.B./Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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