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 12/8/2025 has been received; Claims 1, 3-12, 14-26, 28, 30-40 are pending. Claims 28, 30, 31 & 35-39 have been withdrawn from consideration. Claims 1, 3-12, 14-26, 32-34 & 40 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 26, 32-34 & 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trudel (US 2020/0245711).
Regarding Claim 26, Trudel discloses a footwear closure system (Figures 10 & 13-18) comprising: a footwear (Figures 10 & 13-18) including: an upper portion or cuff that is positionable about a wearer’s leg (upper, see annotated Figure 10 below); a lower portion that is positionable over a wearer’s foot (lower, see annotated Figure 10 below); and a mid-portion (heel, see annotated Figure 10 below) that is positioned between the upper portion and the lower portion; and a plurality of reel based closure devices (Figures 10 & 13-18) coupled with the footwear, the plurality of reel based closure devices including a first reel based closure device (702), a second reel based closure device (704), and a third reel based closure device (706) wherein: the plurality of reel based closure devices are configured to effect closure or tightening of the upper portion, the lower portion, and the mid-portion of the footwear (Para. 59-60 & 70-79); each reel based closure device is position in the upper portion (Figure 10) above an ankle of the wearer (when then heel is the bottom, each reel is above an ankle of the wearer; it is suggested applicant clarify the position relative to the structure of the boot), each reel based closure device is independently operable (Para. 59-60 & 70-79, Figures 10 & 13-18); and each reel based closure device effects closure or tightening of a different one of the upper portion, the lower portion, the mid-portion, or a combination thereof (Para. 59-60 & 70-79, Figures 10 & 13-18).
Regarding Claim 32, Trudel disclose the first reel based closure device is configured to effect closure or tightening of the upper portion (Figure 10), the second reel based closure device is configured to effect closure or tightening of the mid-portion (Figure 10), and the third reel based closure device is configured to effect closure or tightening of the lower portion (Figure 10).
Regarding Claim 33, Trudel discloses wherein the footwear is a snowboard boot (Figures 10 & 13-18).
Regarding Claim 34, Trudel discloses a footwear closure system (Figures 1- & 13-18) comprising: a footwear (Figures 10 & 13-18) including: an upper portion (upper, see annotated Figure 10 below); a lower portion (lower, see annotated Figure 10 below); and a strap (strap, see annotated Figure 10 below) that is coupled with the footwear and positioned between the upper portion and the lower portion (Figure 10), the strap having a proximal end that is fixedly coupled with the footwear near a sole of the footwear and a distal end that extends over a tongue portion of the footwear (distal, see annotated Figure 10 below), the strap having a single guide coupled with the distal end (Figures 10 & 13-18) distat least one reel based closure device (702/704) coupled with the footwear; wherein the at least one reel based closure device is configured to effect closure or tightening of the upper portion, the lower portion, and the strap of the footwear (Para. 59-60 & 70-79) and wherein at least a portion of the strap is positioned under an exterior shell of the footwear (Figure 10).
Regarding Claim 40, Trudel discloses the footwear is a snowboard boot (Figures 10 & 13-18).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-12 & 14-25 are rejected under 35 U.S.C. 103 as being unpatentable over Trudel (US 2020/0245711) in view of Raichle (EP 0316540 A1).
Regarding Claim 1, Trudel discloses a footwear closure system (Figures 10 & 13-18) comprising: a footwear (Figures 10 & 13-18) including: an upper portion or cuff (upper, see annotated Figure 10 below) that is positionable about a wearer's leg (Figure 10); a lower portion (lower, see annotated Figure 10 below) that is positionable over a wearer's foot (Figure 10); a heel portion (heel, see annotated Figure 10 below) that is positionable about a wearer's heel ; a first closure system (702) including: a first reel based closure device (702) that is coupled with the footwear (Figures 10 & 13-18); a first tension member (Figures 13-18, 1108) that is operationally coupled with the first reel based closure device (Para. 59-60 & 70-79); and at least one first guide member that is coupled with the footwear and that is configured to route or guide the first tension member along the upper portion or cuff of the footwear (Figures 10 & 13-18); a second closure system (704) including: a second reel based closure device (704) that is coupled with the footwear (Figures 10 & 13-18); a second tension member (Figures 13-18, 1128) that is operationally coupled with the second reel based closure device (Para. 59-60 & 70-79); and a second guide member that is coupled with a distal end of the strap and that is configured to route or guide the second tension member (Figures 10 & 13-18); wherein: the first reel based closure device is operable to tension the first tension member and thereby close or tighten the upper portion about the wearer's leg (Figures 10 & 13-18, Para. 59-60 & 70-79); the second reel based closure device is operable to tension the second tension member and thereby pull the strap rearward against the wearer's foot to secure the wearer's heel in the heel portion of the footwear (Figures 10 & 13-18, Para. 59-60 & 70-79); and the first reel based closure device, and the second reel based closure device are independently operable (Para. 59-60 & 70-79). Trudel does not specifically disclose a strap or a third closure system. However, Raichle discloses a strap (22/24/28) that is coupled with footwear (Figures 1-4) and positioned between an upper portion and a lower portion of the footwear (Figures 1-4) and a third closure system (56) including: a third reel based closure device (56) that is coupled with the footwear (Figures 1-4); a third tension member (Para. 18) that is operationally coupled with the third reel based closure device (Para. 18, Figures 1 & 2); and at least one third guide member that is coupled with the footwear and that is configured to route or guide the third tension member along the lower portion of the footwear (Figures 1-4); the third reel based closure device is operable to tension the third tension member and thereby close or tighten the lower portion about the wearer's foot (Figures 1-4, Para. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to include the strap and third closure system of Raichle to the footwear of Trudel, in order to provide further fit adjustment in a user’s foot for further securement. The combination of Trudel and Raichle disclose the first reel based closure device, the second reel based closure device, and the third reel based closure device are coupled with the upper portion of the footwear (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4) such that e first reel based closure device, the second reel based closure device, and the third reel based closure device are situated above an ankle of the wearer (when then heel is the bottom, each reel is above an ankle of the wearer; it is suggested applicant clarify the position relative to the structure of the boot).
Regarding Claim 3, the combination of Trudel and Raichle disclose the upper portion, the lower portion, and the heel portion form or define an exterior shell of the footwear (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4), and wherein the strap is positioned under the exterior shell (Raichle, Figures 1-4).
Regarding Claim 4, the combination of Trudel and Raichle disclose a proximal end of the strap is coupled with the footwear near a sole of footwear (Raichle, Figures 1-4), and wherein the strap extends over a tongue portion of the footwear (Raichle, Figures 1-4).
Regarding Claim 5, the combination of Trudel and Raichle disclose at least one of the first tension member, the second tension member, or the third tension member has a distal end that terminates or is affixed to the footwear (Trudel, Figures 10 & 13-18 & Raichle, Figures 1 -4).
Regarding Claim 6, the combination of Trudel and Raichle disclose the first reel based closure device has a different torque output than the second reel based closure device or the third reel based closure device (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4, because of the different location and guiding of the tension member for each closure device; there would naturally be a different torque output since each configuration is different).
Regarding Claim 7, the combination of Trudel and Raichle disclose the footwear is a snowboard boot (Trudel, Figures 10 & 13-18).
Regarding Claim 8, Trudel discloses a footwear closure system (Figures 10 & 13-18) comprising: a footwear (Figures 10 & 13-18) including: an upper portion or cuff that is positionable about a wearer’s leg (upper, see annotated Figure 10 below); a lower portion that is positionable over a wearer’s foot (lower, see annotated Figure 10 below); and a mid-portion (heel, see annotated Figure 10 below) that is positioned between the upper portion and the lower portion; a first reel based closure (702) device coupled with the footwear (Figures 10 & 13-18), the first reel based closure device being operable to effect closure or tightening of the upper portion of the footwear (Para. 59-60 & 70-79); a second reel based closure (704) device coupled with the footwear (Figures 10 & 13-18), the second reel based closure device being operable to effect closure or tightening of the mid-portion of the footwear (Para. 59-60 & 70-79); wherein the first reel based closure device and the second reel based closure device are independently operable to effect differential closure or tightening of the respective upper portion, lower portion, or mid-portion of the footwear (Para. 59-60 & 70-79, Figures 10 & 13-18). Trudel does not specifically disclose a third closure system. However, Raichle discloses a third reel based closure device (56) that is coupled with the footwear (Para. 18, Figures 1-4); the third reel based closure device being operable to effect closure or tightening of the lower portion of the footwear (Para. 18, Figures 1-4) the third reel based closure device is operable to tension the third tension member and thereby close or tighten the lower portion about the wearer's foot (Figures 1-4, Para. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to include the third closure system of Raichle to the footwear of Trudel, in order to provide further fit adjustment in a user’s foot for further securement. The combination of Trudel and Raichle disclose the first reel based closure device, the second reel based closure device, and the third reel based closure device are coupled with the upper portion of the footwear (Trudel, Figures 10 & 13-18 & MacLeod, Figures 1 & 2) above an ankle of the wearer (when then heel is the bottom, each reel is above an ankle of the wearer; it is suggested applicant clarify the position relative to the structure of the boot)..
Regarding Claim 9, the combination of Trudel and Raichle disclose the first reel based closure device is coupled with a panel that extends at least partially across an opening of the upper portion of the footwear (Trudel, Figures 10 & 13-18).
Regarding Claim 10, the combination of Trudel and Raichle disclose the second reel based closure device is operationally coupled with a tension member that is coupled with a strap that, upon tensioning, effects closure or tightening of the mid-portion of the footwear (Trudel, Figures 10 & 13-18).
Regarding Claim 11, the combination of Trudel and Raichle disclose at least a portion of the strap is positioned under an exterior shell of the footwear (Trudel, Figures 10 & 13-18).
Regarding Claim 12, the combination of Trudel and Raichle disclose the third reel based closure device is operationally coupled with a tension member that is coupled with a panel that extends at least partially over an opening of the lower portion of the footwear (Raichle, Figures 1-4).
Regarding Claim 14, the combination of Trudel and Raichle disclose the first reel based closure device is operationally coupled with a first tension member (Trudel, Figures 10 & 13-18, Para. 59-60 & 70-79), the second reel based closure device is operationally coupled with a second tension member (Trudel, Figures 10 & 13-18, Para. 59-60 & 70-79), and the third reel based closure device is operationally coupled with a third tension member (Raichle, Figures 1 -4 & Para. 18), and wherein at least one of the first tension member, the second tension member, or the third tension member has a distal end that terminates or is affixed to the footwear (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4).
Regarding Claim 15, the combination of Trudel and Raichle disclose the footwear is a snowboard boot (Trudel, Figures 10 & 13-18).
Regarding Claim 16, the combination of Trudel and Raichle disclose a footwear closure system (Figures 10 & 13-18) comprising: a footwear (Figures 10 & 13-18) including: an upper portion or cuff that is positionable about a wearer’s leg (upper, see annotated Figure 10 below); and a lower portion that is positionable over a wearer’s foot (lower, see annotated Figure 10 below); a first reel based closure device (702) positioned in the upper portion of the footwear (Figures 10 & 13-18) above an ankle of the wearer (when then heel is the bottom, each reel is above an ankle of the wearer; it is suggested applicant clarify the position relative to the structure of the boot), the first reel based closure device being operable to effect closure or tightening of a first zone of the footwear (Para. 59-60 & 70-79); a second reel based closure device (704) positioned in the upper portion of the footwear (Figures 10 & 13-18) above an ankle of the wearer (when then heel is the bottom, each reel is above an ankle of the wearer; it is suggested applicant clarify the position relative to the structure of the boot), the second reel based closure device being operable to effect closure or tightening of a second zone of the footwear (Para. 59-60 & 70-79). Trudel does not specifically disclose a third reel based closure system. However, Raichle discloses a third reel based closure device (56) that is positioned in the footwear (Para. 18); the third reel based closure device being operable to effect closure or tightening of a third zone of the footwear (Para. 18, Figures 1-4) the third reel based closure device is operable to tension the third tension member and thereby close or tighten the lower portion about the wearer's foot (Figures 1-4, Para. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to include the third closure system of Raichle to the footwear of Trudel, in order to provide further fit adjustment in a user’s foot for further securement. Therefore, as modified, the third reel based closure device are coupled with the upper portion of the footwear (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4) above an ankle of the wearer (when then heel is the bottom, each reel is above an ankle of the wearer; it is suggested applicant clarify the position relative to the structure of the boot).
Regarding Claim 17, the combination of Trudel and Raichle disclose the first zone is the upper portion of the footwear (Trudel, Figures 10 & 13-18).
Regarding Claim 18, the combination of Trudel and Raichle disclose the first reel based closure device is operationally coupled with a tension member that is routed or guided across an opening of the upper portion of the footwear (Trudel, Figures 10 & 13-18 & Para. 59-60 & 70-79).
Regarding Claim 19, the combination of Trudel and Raichle disclose the second zone is a mid-portion of the footwear between the upper portion and the lower portion (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4).
Regarding Claim 20, the combination of Trudel and Raichle disclose the second reel based closure device is operationally coupled with a tension member that is coupled with a strap that, upon tensioning, effects closure or tightening of the mid-portion of the footwear (Trudel, Figures 10 & 13-18).
Regarding Claim 21, the combination of Trudel and Raichle disclose at least a portion of the strap is positioned under an exterior shell of the footwear (Trudel, Figures 10 & 13-18).
Regarding Claim 22, the combination of Trudel and Raichle disclose the third zone is the lower portion of the footwear (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4).
Regarding Claim 23, the combination of Trudel and Raichle disclose the third reel based closure device is operationally coupled with a tension member that is routed or guided across an opening of the lower portion of the footwear (Trudel, Figures 10 & 13-18 & Raichle, Figures 1-4).
Regarding Claim 24, the combination of Trudel and Raichle disclose the first reel based closure device is operationally coupled with a first tension member (Trudel, Figures 10 & 13-18 & Para. 59-60 & 70-79), the second reel based closure device is operationally coupled with a second tension member (Trudel, Figures 10 & 13-18 & Para. 59-60 & 70-79), and the third reel based closure device is operationally coupled with a third tension member (Raichle, Figures 1-4, Para. 18), and wherein at least one of the first tension member, the second tension member, or the third tension member has a distal end that terminates or is affixed to the footwear (Trudel, Figures 10 & 13-18).
Regarding Claim 25, the combination of Trudel and Raichle disclose the footwear is a snowboard boot (Trudel, Figures 10 & 13-18).
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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.
It is suggested applicant clarify the position of the device relative to the structure of the boot.
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.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732