DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This is in response to Applicant’s amendment in which claims 1, 5, and 8 have been amended, claim 19 has been added, and claims 1, 3-5, 7-9, and 11-19 remain pending.
Claim Objections
Claim 19 is objected to because of the following informalities: Claim 19 recites the limitation “the sole portion” in line 8, which lacks antecedent basis. It appears that this limitation should read --the sole support-- to maintain consistent claim language. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 19 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Chou (US 5,983,530).
Regarding claim 19, Chou discloses a rapid-entry shoe (1) comprising: a sole support (11, 6), the sole support comprising an outsole (11) and an insole (112, 6), the insole having an upper surface configured to support a foot of a user, the insole including a forward portion and a rearward portion (Fig. 2), the rearward portion (6) of the insole being moveable relative to the outsole; an upper (12) coupled to the sole support, the upper defining an opening (15) adapted to receive entry of the foot, the upper comprising a tongue or vamp portion configured to be positioned over a portion of the foot of the user (Fig. 1); and a biasing member (81, 82) coupled to the sole portion and configured to bias the rapid-entry shoe toward an open configuration (Fig. 2) in which the rear portion of the insole moves away from the outsole when a sufficient force is applied to the tongue or vamp portion; wherein in the open position the rear portion of the insole extends upward above its respective position when the shoe is in the closed position (Fig. 2, 3); wherein the sole support includes an external member (71) positioned on a rear surface of the shoe, the external member configured to receive a first force (column 4, lines 2-6), and wherein the tongue or vamp is configured to receive a second force (column 4, lines 6-9, 35-39), wherein the second force in combination with the first force is configured to cause relative movement between the rear portion of the insole and the outsole (column 2, line 1-column 4, line 39; Fig. 1-5).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 5, 8, and 11-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chou (US 5,983,530) in view of Ludemann (US 2008/0092406).
Regarding claim 1, Chou discloses a rapid-entry shoe (1) comprising: a sole support (11, 6), the sole support comprising an insole (112, 6) having an upper surface configured to support a foot of a user; an upper (12) coupled to the sole support, the upper defining an opening (15) adapted to receive entry of the foot, the upper comprising a tongue or vamp portion configured to close over the foot of the user (Fig. 1); and a connecting band (31) extending from the sole support around at least a portion of the upper and configured to transition the rapid-entry shoe between an open configuration and a closed configuration (column 4, lines 17-24); wherein the connecting band is configured to cause the tongue or vamp portion to move approximately in concert with the rear portion of the insole in response to the shoe transitioning between an open position and a closed position; wherein the connecting bad includes a portion (portion extending through rope guiding slot 511) configured to pivot relative to the sole support when transitioning between the open configuration and the closed configuration (wherein the ropes 31 pivot as the shuttle piece 51 moves forward and backward within the sole); wherein in the open position the rear portion of the insole and the tongue or vamp portion each extend upward significantly above their respective positions when the shoe is in the closed position (Fig. 2, 3); wherein the rear portion of the insole is secured in the closed position against unwanted disengagement to the open position by an engaging element (61). (column 2, line 1-column 4, line 39; Fig. 1-5)
Chou discloses that the rear portion of the insole is released from the closed position to the open position and is pivoted upward (Fig. 5), but does not explicitly disclose that the shoe is released from the closed position by increasing an upward force on the tongue or vamp portion beyond a level normally achieved in using the shoe except when the shoe is desired to be removed. Ludemann teaches an attachment between a lower sole (16) and an insole (14) which includes an engaging element (40). The engaging element secures the insole to the lower sole; and the insole is released from the upper sole and by pulling up on the insole. No mechanism external to the upper is required to be actuated to disengage the insole from the lower sole (paragraphs 0022, 0026-0027; Fig. 11). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide an engaging element, as taught by Ludemann, as the attachment/release mechanism of Chou as this would be a simple substitution of one fastening mechanism for another, with the predictable result of providing a simplified releasable fastening mechanism with no moveable parts which are likely to break, and which takes up less space within the shoe sole. Further, the fastening mechanism can be housed fully within the interior of the shoe, without the need for an exterior button.
It further would have been obvious to one of ordinary skill in the art at the time of the invention to make the engaging element such that it is released from the lower sole by increasing an upward force beyond a level normally achieved in using the shoe, in order to prevent unwanted loosening of the shoe upper or detachment of the insole.
Regarding claim 5, Chou discloses a rapid-entry shoe (1) comprising: a sole support (11, 6), the sole support comprising an insole (112, 6) having an upper surface configured to support a foot of a user; an upper (12) coupled to the sole support, the upper having a topline defining an opening (15) adapted to receive entry of the foot, the upper comprising a tongue or vamp portion configured to close over the foot of the user (Fig. 1); wherein the shoe has an open position (Fig. 2) ready to receive the foot and a closed position (Fig. 3) configured to secure the foot; wherein in the open position a rear portion of the insole is closer to the topline than when the shoe is in the closed position; wherein in the open position the rear portion of the insole and the tongue or vamp portion each extend upward significantly above their respective positions when the shoe is in the closed position (Fig. 2, 3); wherein in response to the user inserting the foot into the opening and pressing down on the insole, the shoe transitions from the open position to the closed position as the rear portion of the insole moves downward while simultaneously a connecting band (31) causes the tongue or vamp portion to close over the foot of the user (column 4, lines 13-29); wherein the connecting band extends from the sole support around at least a portion of the upper and configured to pivot relative to the sole support when transitioning between the open configuration and the closed configuration (wherein the ropes 31 pivot as the shuttle piece 51 moves forward and backward within the sole); wherein the rear portion of the insole is secured in the closed position by an engaging element (61). (column 2, line 1-column 4, line 39; Fig. 1-5)
Chou discloses that the rear portion of the insole is released from the closed position to the open position and is pivoted upward (Fig. 5), but does not explicitly disclose that the shoe is released from the closed position by increasing an upward force on the tongue or vamp portion beyond a level normally achieved in using the shoe except when the shoe is desired to be removed. Ludemann teaches an attachment between a lower sole (16) and an insole (14) which includes an engaging element (40). The engaging element secures the insole to the lower sole; and the insole is released from the upper sole and by pulling up on the insole. No mechanism external to the upper is required to be actuated to disengage the insole from the lower sole (paragraphs 0022, 0026-0027; Fig. 11). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide an engaging element, as taught by Ludemann, as the attachment/release mechanism of Chou as this would be a simple substitution of one fastening mechanism for another, with the predictable result of providing a simplified releasable fastening mechanism with no moveable parts which are likely to break, and which takes up less space within the shoe sole. Further, the fastening mechanism can be housed fully within the interior of the shoe, without the need for an exterior button.
It further would have been obvious to one of ordinary skill in the art at the time of the invention to make the engaging element such that it is released from the lower sole by increasing an upward force beyond a level normally achieved in using the shoe, in order to prevent unwanted loosening of the shoe upper or detachment of the insole.
Regarding claim 8, Chou discloses a rapid-entry shoe (1) comprising: a sole support (11, 6), the sole support comprising an insole (112, 6) having an upper surface configured to support a foot of a user; and an upper (12) coupled to the sole support, the upper defining an opening (15) adapted to receive entry of the foot; wherein the shoe further comprises a connecting band (31) extending from beneath a rear portion of the insole (Fig. 2) and configured to pivot relative to the sole support when transitioning between a closed position and an open position (wherein the ropes 31 pivot as the shuttle piece 51 moves forward and backward within the sole); wherein in an open position (Fig. 2) of the shoe a rear portion of the insole and the tongue or vamp portion pivot upward significantly above their respective positions when the shoe is in a closed position (Fig. 3); wherein the rear portion of the insole is secured in the closed position by an engaging element (61). (column 2, line 1-column 4, line 39; Fig. 1-5)
Chou discloses that the rear portion of the insole is released from the closed position to the open position and is pivoted upward (Fig. 5), but does not explicitly disclose that the shoe is released from the closed position by increasing an upward force on the tongue or vamp portion beyond a level normally achieved in using the shoe except when the shoe is desired to be removed. Ludemann teaches an attachment between a lower sole (16) and an insole (14) which includes an engaging element (40). The engaging element secures the insole to the lower sole; and the insole is released from the upper sole and by pulling up on the insole. No mechanism external to the upper is required to be actuated to disengage the insole from the lower sole (paragraphs 0022, 0026-0027; Fig. 11). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide an engaging element, as taught by Ludemann, as the attachment/release mechanism of Chou as this would be a simple substitution of one fastening mechanism for another, with the predictable result of providing a simplified releasable fastening mechanism with no moveable parts which are likely to break, and which takes up less space within the shoe sole. Further, the fastening mechanism can be housed fully within the interior of the shoe, without the need for an exterior button.
It further would have been obvious to one of ordinary skill in the art at the time of the invention to make the engaging element such that it is released from the lower sole by increasing an upward force beyond a level normally achieved in using the shoe, in order to prevent unwanted loosening of the shoe upper or detachment of the insole.
Regarding claim 11, Chou discloses that the connecting band is configured to cause the tongue or vamp portion to move approximately in concert with the rear portion of the insole in response to the shoe transitioning between the open position and the closed position (column 4, lines 13-29).
Regarding claims 3 and 12, Chou discloses that in response to the user inserting the foot into the opening and pressing down on the insole, the shoe transitions from the open position to the closed position as the rear portion of the insole moves downward while simultaneously the connecting band causes the tongue or vamp portion to close over the foot of the user (column 4, lines 13-29).
Regarding claims 13, 15, and 17, Ludemann teaches that the engaging element is under the rear portion of the insole when the rapid entry shoe is in the open position (Fig. 9).
Regarding claims 14, 16, and 18, Ludemann teaches that the engaging element is directly coupled to the rear portion of the insole when the shoe is in the closed position (Fig. 11).
Allowable Subject Matter
Claims 4, 7, and 9 are 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 with respect to claim(s) 1, 3-5, 7-9, and 11-19 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.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (571) 272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARON M PRANGE/Primary Examiner, Art Unit 3732