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 § 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.
Claim(s) 1, 2, 4 - 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 200480235 (hereinafter ‘235).
Regarding claim 1, ‘235 discloses a tightening device [for tightening a ski boot (100)], the ski boot comprising: a shell (see figure 4) having an opening (figure 4) defined by opposing sides (figure 4); and the tightening device comprising: an elongate panel (20) having a proximal end and a distal end, the elongate panel (20) being positionable within the opening of the shell between the opposing sides (see figure 4); a tensioning mechanism (40) that is coupled with the proximal end of the elongate panel (10); a tension member (30) that is operably coupled with the tensioning mechanism (40) so that an operation of the tensioning mechanism (40) adjusts a tension of the tension member (30); and a first guide member (see an annotated figure 4 below) and a second guide member (see the annotated figure 4) that are coupled (integrally connected) with the elongate panel (20) between the proximal end and the distal end (figures 1 and 2); wherein the tension member (30) is coupled with the first guide member (see the annotated figure 4) and the second guide member (see the annotated figure 4) so that two sections (see the annotated figure 4) of the tension member (30) are routed between the opposing sides (see the annotated figure 4) of the shell and along a longitudinal direction in a parallel orientation (see the annotated figure 4) from the first guide member to the second guide member (see the annotated figure 4); and wherein the elongate panel (20) is not attached to the shell (of the shoe 10) other than via the tension member (30).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the tightening device, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the lacing system disclosed by KR 200480235 or Gulla (US 2015/0359296), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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Regarding Claim 2, ‘235 discloses the tightening device of claim 1, wherein the shell (of the shoe 10) includes a first guide member (14; see the annotated figure 4) positioned on a first side of the shell and a second guide member (14; see the annotated figure 4) positioned on a second side of the shell opposite the first side (the annotated figure 4); and wherein the first guide member (the annotated figure 4) or the second guide member (the annotated figure 4) of the tightening device directs the tension member (30) between the first guide member (14) and the second guide member (14) of the shell (figure 4).
Regarding Claim 4, ‘235 discloses the tightening device of claim 1, wherein the first guide member (the annotated figure 4) and the second guide member (the annotated figure 4) are separated by a gap (see figure 1) along the longitudinal direction of the elongate panel (20).
Regarding Claim 5, ‘235 discloses the tightening device of claim 4, wherein the elongate panel (20) includes a third guide (22) positioned at the distal end of the elongate panel (see the annotated figure 4), wherein the tension member (30) is routed through the third guide (22) transversely to the longitudinal direction of the elongate panel (see figure 1).
Regarding Claim 6, ‘235 discloses the tightening device of claim 1, wherein the tension member (30) is routed along a center portion (see figure 1) of the elongate panel (20).
Regarding Claim 8, ‘235 discloses the tightening device of claim 1, wherein opposing ends of the tension member (30) are coupled with the tensioning mechanism (40).
Claim(s) 10, 12 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gulla, US 2015/0359296.
Regarding claim 10, Gulla (US 2015/0359296) discloses a tightening device [for tightening an article], the tightening device comprising: an elongate panel (110) having a proximal end (of 114) and a distal end (opposite to the proximal end of 114), [the elongate panel (110) being positionable about the article (100)]; a tensioning mechanism (170) that is coupled (via 119) with the proximal end of the elongate panel (110); a tension member (140) that is operably coupled with the tensioning mechanism (170) so that an operation of the tensioning mechanism (170) adjusts a tension of the tension member (140); and a first guide member (152) that is coupled with the elongate panel (110) between the proximal end (of 114) and the distal end (of 114); and a second guide member (164) that is coupled with the elongate panel (110) between the proximal end (of 114) and the distal end (of 114); wherein: the tension member (140) is operable with the first guide member (152) and the second guide member (164) [so that the tension member (140) is routed about the article (100) and along a portion of the elongate panel]; and two sections (see figure 1B) of the tension member (140) are routed longitudinally along a center portion (that is central to 110) of the elongate panel (110) in a parallel orientation (figure 1B) from the first guide member (152) to the second guide member (164).
Regarding Claim 12, Gulla discloses the tightening device of claim 10, wherein the first guide member (152) and the second guide member (164) are separated by a gap (see figure 1B) along the longitudinal direction of the elongate panel (110).
Regarding Claim 13, Gulla discloses the tightening device of claim 12, wherein the elongate panel (110) includes a third guide (160) positioned at the distal end of the elongate panel (see figure 1C), wherein the tension member (140) is routed through the third guide (160).
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see Arguments/Remarks, filed November 7, 2025, with respect to the rejection(s) of claim(s) 1, 2, 4 - 6, 8, 10, 12 and 13 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Gulla, US 2015/0359296 and a reinterpretation of KR 200480235 for claims 1, 2, 4 - 6 and 8 as set forth above.
Applicant’s arguments with respect to claim(s) 1, 2, 4 - 6, 8, 10, 12 and 13 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.
It is noted that the guides (24) of KR 200480235 can be observed to have a curvature feature; however, the pathway provided under said guides can be observed to be straight as further illustrated in figure 3. Nonetheless, the claimed limitation of “a parallel orientation” can be met with two convex curves since they can be considered parallel and that the “two sections” of the lace (30) having said parallel orientation are routed from the first guide member to the second guide member. It is noted that the entire tension (lace) member is not required to be oriented in the parallel configuration. As rejected, KR 200480235 has been reconsidered to read on the claimed sections being parallel and routed in an orientation from the first guide member to the second guide member (see the annotated figure 4 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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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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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677