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 .
Claims 1-7,12-18,23-27,57-58, and 60 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.
Claim 1 is indefinite because it is unclear where the preamble ends and the body of the claim begins. A transition phrase is missing.
The phrase “the second” (cl 1: 24) lacks antecedent basis in the claim. The phrase should be amended to –the second one--.
Correction is required.
Claims 1-7,12-18,23-27,57-58 and 60 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Non-elected with traverse claims 28-29,32 and 59 must be canceled before the instant application can be allowed.
The following is an examiner’s statement of reasons for allowance: the prior art of record including the closest prior art GB784168 in view of CN206124138 neither teaches nor renders obvious every claimed limitation including a last for molding a body of a skate boot of a skate comprising 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 and movable relative to one another to change between its molding configuration and its demolding configuration; a first one of the last members that is configured to form at least part of the heel portion of the body of the skate boot, a second one of the last members that is configured to form at least part of the toe portion of the body of the skate boot, and a third one of the last members that is configured to form at least part of a given one of the medial side portion and the lateral side portion of the body of the skate boot are movable relative to one another and between portions of the female mold as the last changes between its molding configuration and its demolding configuration; the last comprises a control system to control movement of the first one, the second one, and the third one of the last members relative to one another and between the portions of the female mold.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Applicant’s arguments with respect to claim(s) 1-7,12-18,23-27,57-58, 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. USPN3698105 teach wrapping a last before molding an upper onto the last.
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 at 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
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