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 .
Response to Amendment
Applicant’s amendment filed on 11/12/2025 has been received; Claims 1-7 are pending. Claims 1-3 & 7 have been withdrawn from consideration. Claims 4-6 are being treated on the merits.
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.
Claims 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ghotbi (USPN 7,669,351).
Regarding Claim 4, Ghotbi discloses a protective shoe cover (Figures 6A & 6B) configured to cover a shoe of a user (Col. 3, lines 43-57) comprising: a non-rigid body (Col. 3, lines 43-57) defining an inner pocket (Figure 6A, interior part of the shoe cover) configured to receive a shoe (Figures 6B & Col. 3, lines 43-57); an elastic portion (14) formed at an upper end of the non-rigid body (Figures 6A & 6B) and defining an opening to the inner pocket (Figures 6A & 6B), the elastic portion being alterable between an expanded state in which the elastic portion expands to receive the shoe through the opening and into the inner pocket (Figures 6A & 6B & Col. 3, lines 43-57), and a contracted state in which the elastic portion contracts to conform to an outer surface of the shoe located within the inner pocket (Figures 6A & 6B & Col. 3, lines 43-57); and at least four device engagement elements (15/16) attached to overlie the non-rigid body (Col. 3, line 59-Col. 4, line 13) with each of the at least four device engagement elements forming a respective pocket (11/15, can be construed as a “respective pocket” since it is an opening that is a receptacle, compartment, or cavity) between the non-rigid body and each of the respective device engagement elements, and with each of the four device engagement elements having a respective opening (11, Figures 6A & 6B) that is configured to releasably engage a respective different one of at least four retaining elements (20/40, Col. 3, line 59-Col. 4, line 13) of an assistive device (Col. 3, line 59-Col. 4, line 13) for at least one of applying the protective shoe cover to a shoe or removing the protective shoe cover from a shoe (Figures 6A & 6B).
Regarding Claim 5, Ghotbi discloses each of the at least four device engagement elements includes a flap (11) configured to releasably receive a respective one of the plurality of retaining elements of the assistive device (Col. 3, line 53-Col, 5, line 2).
Regarding Claim 6, Ghotbi discloses each of the at least four device engagement elements includes first and second side elements (11/17/15) provided on opposed side portions of the non-rigid body, the first and second side elements each configured to releasably engage a respective retaining element of the assistive device (Col. 3, line 53-Col, 5, line 2).
Response to Arguments
Applicant’s arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
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 KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHARINE G KANE/Primary Examiner, Art Unit 3732