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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/12/25 has been entered.
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) 1-7,12-18,22-27,57-58, and 60 is/are rejected under 35 U.S.C. 103 as being unpatentable over GB784168 in view of CN206124138 (English machine translation provided herewith).
Applicant is reminded functional limitations/intended use of an apparatus are not given patentable weight since they do not concern the structure of the apparatus. See MPEP 2114(I) and (II). Hence, the claimed intended use of the body as a skate boot of a skate has not been given patentable weight since it does not concern the structure of the claimed last for molding a body of boot.
Regarding claim 1: A last (GB784168: mold core) for molding a body of a skate boot of a skate, the last being configured to define a mold cavity within a female mold in which the last is located (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5), the skate comprising a skating device disposed beneath the skate boot to engage a skating surface, the skate boot being configured to receive a foot of a user, the last being configured to mold the body of the skate boot such that the body of the skate boot comprises a medial side portion to face a medial side of the user’s foot (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5), a lateral side portion to face a lateral side of the user’s foot, a heel portion to receive a heel of the user’s foot, an ankle portion to receive an ankle of the user (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5), and a toe portion to enclose toes of the user’s foot (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5), the last being reconfigurable to facilitate demolding of the body of the skate boot from the last such that the last is changeable between a molding configuration to mold the body of the skate boot on the last and a demolding configuration to demold the body of the skate boot from the last (GB776715: mold core includes parts 1-3 that are movable relative to each other such that a molded boot can be removed from the core);
wherein: the last comprises a plurality of last members configured to mold the medial side portion, the lateral side portion, the heel portion, the ankle portion, and the toe portion of the body of the skate boot (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5) and movable relative to one another to change between its moldinq configuration and its demoldinq configuration; a first one of the last member that is configured to form
However, GB784168 does not teach the last comprising a control system to control movement of respective the first one, the second and the third one of the last members relative to one another. CN206124138 teaches molding a boot using a last comprising a front portion 21, body portion 221, and a heel portion 22, wherein each portion moves relative to the other portions and the boot mold (figs 3-5 and the portions of the English machine translations related to the figures). CN206124138 also teaches the use of a last having three portions reduces damage to the boot liners during boot molding by reducing the amount of deformation endured by the liner during lasting and molding (abstract). Since GB784168 and CN206124138 are analogous with respect to boot lasts for molding boots, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the last of GB784168 to have the three portions taught by CN206124138 in order to mold a high-quality, less-damaged boot.
Regarding claim 2: The last of claim 1, wherein the last is contracted in its demolding configuration relative to its molding configuration (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5).
Regarding claims 3-6, GB784168 does not teach the location of the undercuts. Medial and lateral depressions in boot lasts are well-known in the last art in order to form a boot body that mimics a foot and ankle. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the claimed depressions into the mold core/last of GB784168 in order to form boot bodies that better mimic a user’s foot and ankle.
Regarding claim 7: The last of claim 1, wherein a volume occupied by the last is reduced from its molding configuration to its demolding configuration such that the volume occupied by the last in its demolding configuration is smaller than the volume occupied by the last in its molding configuration (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5).
Regarding claim 12: The last of claim 10, wherein adjacent ones of the last members are translatable relative to one to change the last between its molding configuration and its demolding configuration (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5).
Regarding claim 13, GB784168 does not teach a rotatable last. Since rotatable lasts and translatable lasts are well-known in the last art as substitutable alternatives since they perform the same function, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute rotatable surface for the articulated surfaces of GB784168 in order to reduce last complexity.
Regarding claim 14, GB784168 does not teach a translatable and rotatable last. Since translatable-rotatable lasts and translatable lasts are well-known in the last art as substitutable alternatives since they perform the same function, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute a translatable-rotatable surface for the articulated surfaces of GB784168 in order to reduce last complexity.
Regarding claims 15-17, GB784168 does not teach the claimed number of last members. Multi-membered lasts are well-known in the last art to facilitate removal of the last from the molded body. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to redesign the last of GB784168 to have the claimed number of members in order to better facilitate removal of the last from the boot body.
Regarding claim 18: The last of claim 1, wherein the last is configured to mold the body of the skate boot such that the body of the skate boot comprises a sole portion for facing a plantar surface of the user's foot (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5).
Regarding claim 22: The last of claim 1, wherein: the last comprises a base including plural ones of the last members; and a given one of the last members is a removable covering configured to enclose the base, removable from the base, and configured to be removed from the body of the skate body after the body of the skate boot is formed (GB784168: elastic sock or lining D constitutes the claimed covering; pg 2:61-85 and fig 3).
Regarding claim 23, GB784168 does not teach a thickness of the covering varies to define a plurality of undercuts of the body of the boot. Boot lining having varied thickness to accommodate the undercuts of a boot upper are well-known in the footwear art for its additional comfort. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the sock/lining/covering of GB784168 with varied thicknesses at the undercuts in order to mold a boot having additional comfort.
Regarding claim 24: The last of claim 22, wherein the removable covering is flexible (GB784168: elastic sock or lining D constitutes the claimed covering; pg 2:61-85 and fig 3).
Regarding claims 25, GB784168 does not teach a flexible, elastomeric removable covering configured to enclose the base and removable from the base. Flexible removable toe box coverings are well-known in the last art in order to provide a layer or thickness to the body at the toe. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a flexible, elastomeric removable covering over the toe portion of the mold core/last of GB784168 in order to mold a boot body having a desired toe layer or thickness.
Regarding claim 26, GB784168 does not teach configuring the last for an injection mold. Since using boot lasts in injection mold is well-known in the footwear art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the mold core/last of GB784168 for an injection mold in order to efficiently mold a boot.
Regarding claim 27, GB784168 does not teach boot body comprised of a plurality of different materials. Since boot bodies of different materials are well-known in the boot art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the mold core/last of GB784168 to mold a boot body of different materials in order to produce diverse boot bodies.
Regarding claim 57, GB784168 does not teach the covering being selected from a plurality of coverings, each available covering being adaptable to the base and corresponding to a specific foot size. Since boots of varying sizes with matching linings are well-known in the footwear art for comfort, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use coverings that correspond to specific foot sizes with the core/last of GB784168 in order to ensure the lining is a perfect match for the intended molded boot size.
Regarding claim 58: The last of claim 1, wherein the last is configured such that a change from its molding configuration to its demolding configuration comprises moving the third one of the last members upwardly relative to the first one of the last members and the second one of the last members to clear space between the first one of the last members and the second one of the last members before moving the first one of the last members and the second one of the last members towards one another and moving the first one of the last members and the second one of the last members upwardly (GB784168: pg 1:94-pg 2:56; patented claims 1-7; figs 1-5).
Regarding claim 60, GB784168 does not teach a control system configured to control movement while the portions of the female mold are stationary relative to one another. Since it is well-known in the boot molding art to last or delast while the female mold is stationary and open, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure the control system of GB784168 (modified) to control movement while the portions of the female mold are stationary relative to one another in order to reduce cycle time.
Applicant’s arguments with respect to claim(s) 1-7,12-18,22-27,57-58,and 60 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teach articulated lasts used to mold boot bodies: USPNs 7434284,6007748,4276254, and 3823493; CN103434062; CN206124138 (3 part last); **JPS6042106; and GB388949 (removable toe covering). The following references teach boot lasts having multiple movable parts: FR1369981,FR2322560, and FR1014328. GB629660 teaches boot last having movable parts relative to each other.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao (Sam) Zhao can be reached on 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744