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 .
Response to Amendment
Applicant's submission filed 12/15/2025 is acknowledged. The claim amendment has been entered. The amendment to the specification will not be entered because: the two new paragraphs are inserted in a general section of the specification while the subject matter of the two new paragraphs is based on specific drawings, as causing the scope of the invention changed. Applicant should add the subject matter to proper portion(s) of the specification under the heading "DETAILED DESCRIPTION" where the related drawings are discussed and refer to the features shown in corresponding figures, and the added subject matter should be in commensurate with the scope of the original disclosure.
Applicant's remarks regarding the prior art rejections based on Fritsch (US 4,455,769) are noted and the rejections are hereby withdrawn. This is a second non-final office action.
Claims 1 and 3-20 are pending in this application.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
In claim 1, there is no antecedent basis in the specification for "a first compressible suspension device and a second compressible suspension device each surrounding a portion of the rod";
In claim 1, there is no antecedent basis in the specification for "wherein axial movement of the rod relative to the housing causes: i) compression of the first compressible suspension device and expansion of the second compressible suspension device; or ii) expansion of the first compressible suspension device and compression of the second compressible suspension device";
In claim 13, there is no antecedent basis in the specification for "wherein axial movement of the rod relative to the housing causes: i) compression of the first compressible suspension device and expansion of the second compressible suspension device; or ii) expansion of the first compressible suspension device and compression of the second compressible suspension device".
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramer (US 3,945,134 A).
Regarding claim 13, Ramer discloses a dual-suspension mechanism (a connection unit 82 for a ski boot to provide dampening effect; fig. 7; col. 1, ll. 5-7; col. 4, ll. 65-69; col. 5, ll. 43-53), comprising:
a rod (slide rod 84; fig. 7; col. 4, ll. 65-69) in slidable engagement with a housing (at least a portion of housing 100 between collar 94 and the bottom end of the housing; fig. 7; col. 5, ll. 6-22, 38-43), the housing including a first compressible suspension device (compression spring 98b; fig. 7; col. 5, ll. 6-14) surrounding the rod (fig. 7) and a plate (collar 94; fig. 7; col. 5, ll. 6-14) positioned on the rod and within the housing (fig. 7; col. 5, ll. 6-14) for applying a compressive force against the first compressible suspension device (the compression springs 98a, 98b are mounted on slide rod 84 and separated by collar 94, collar 94 is carried by rod 84 and configured to slide axially with sliding movement of rod 84; therefore, collar 94 is configured to apply a compressive force against spring 98b when rod 84 and collar 94 slide downward; fig. 7; col. 5, ll. 6-14, 33-43); and
a second compressible suspension device (compression spring 98a; fig. 7; col. 5, ll. 6-14) surrounding the rod (fig. 7),
wherein axial movement of the housing relative to the rod causes:
i) compression of the first compressible suspension device and expansion of the second compressible suspension device (as discussed above, when rod 84 and collar 94 slide downward, spring 98b is compressed and spring 98a expands; fig. 7; col. 5, ll. 6-14, 33-43); or
ii) expansion of the first compressible suspension device and compression of the second compressible suspension device (when rod 84 and collar 94 slide upward, spring 98b expands and spring 98a is compressed; fig. 7; col. 5, ll. 6-14, 33-43).
Regarding claim 14, Ramer discloses the dual-suspension mechanism of claim 13, and Ramer further discloses wherein the second compressible suspension device is disposed outside the housing (when the housing is selected to be a chamber between collar 94 and the lower end of the housing 100; fig. 7).
Regarding claim 15, Ramer discloses the dual-suspension mechanism of claim 13, and Ramer further discloses wherein the second compressible suspension device is disposed inside the housing (when the housing is selected to be the entire housing 100; fig. 7).
Regarding claim 16, Ramer discloses the dual-suspension mechanism of claim 15, and further discloses wherein the second compressible suspension device is separated from the first compressible suspension device by the plate (collar 94; fig. 7).
Regarding claim 17, Ramer discloses the dual-suspension mechanism of claim 13, and further discloses the dual-suspension mechanism further comprising a connector head (eyelet 86; fig. 7; col. 4, ll. 65-69; col. 5, ll. 1-3) that is translatable along a length of the rod (as eyelet 86 is integrated with slide rod 84; fig. 7; col. 4, ll. 65-69).
Regarding claim 18, Ramer discloses the dual-suspension mechanism of claim 13, and further discloses wherein the first compressible suspension device and/or the second compressible suspension device is/are selected from the group consisting of a spring (compression springs; fig. 7; col. 5, ll. 6-14), a bumper of elastic material, an air shock, a hydraulic shock, or combinations thereof.
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1, 3-12, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ramer (US 3,945,134 A) in view of Fritsch (US 4,455,769 A).
Regarding claim 1, Ramer discloses a dual-suspension mechanism (a connection unit 82 for a ski boot to provide dampening effect; fig. 7; col. 1, ll. 5-7; col. 4, ll. 65-69; col. 5, ll. 43-53), comprising:
a bracket (slotted bracket 114; fig. 7; col. 5, ll. 25-33) having a receiving slot (for receiving connector 112; fig. 7; col. 5, ll. 25-33);
a rod (slide rod 84; fig. 7; col. 4, ll. 65-69);
a first compressible suspension device (compression spring 98b; fig. 7; col. 5, ll. 6-14) and a second compressible suspension device (compression spring 98a; fig. 7; col. 5, ll. 6-14) each surrounding a portion of the rod (fig. 7); and
a housing (at least a portion of housing 100 between collar 94 and the bottom end of the housing; fig. 7; col. 5, ll. 6-14) at least partially surrounding the rod and the first compressible suspension device (fig. 7), wherein axial movement of the rod relative to the housing (fig. 7; col. 5, ll. 33-43) causes:
i) compression of the first compressible suspension device and expansion of the second compressible suspension device (the compression springs 98a, 98b are mounted on slide rod 84 and separated by collar 94, collar 94 is carried by rod 84 and configured to slide axially with sliding movement of rod 84; therefore, when rod 84 and collar 94 slide downward, spring 98b is compressed and spring 98a expands; fig. 7; col. 5, ll. 6-14, 33-43); or
ii) expansion of the first compressible suspension device and compression of the second compressible suspension device (when rod 84 and collar 94 slide upward, spring 98b expands and spring 98a is compressed; fig. 7; col. 5, ll. 6-14, 33-43).
Ramer does not disclose the rod having a flattened first end that inserts into the receiving slot of the bracket. However, Applicant does not set forth any criticality for the first end being flattened. Accordingly, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the rod of Ramer a flattened lower end, since such a modification would have involved a mere change in shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results, therefore is not considered to be a patentably distinct limitation. See MPEP 2144.04, IV, B.
Further, Fritsch, in an analogous art, teaches a dual-suspension mechanism for a ski boot (damping element 6; figs. 1-4; col. 4, ll. 33-40; claim 1) comprising: a bracket (screw cap 17, eccentric 44, claws 45; figs. 2, 5; col. 4, ll. 60-64; col. 6, ll. 15-25) having a receiving slot (see annotated fig. 2) and a rod (piston rod 22; fig. 2; col. 4, ll. 60-68; col. 5, ll. 1-2) having a first end (lower end 23; see fig. 2; col. 5, ll. 1-2) that inserts into the receiving slot of the bracket (see annotated fig. 2); a first compressible suspension device (deformable rubber rings 34; fig. 2; col. 5, ll. 9-19) and a second compressible suspension device (deformable rubber rings 35; fig. 2; col. 5, ll. 9-19) each surrounding a portion of the rod (each surrounding a portion of the piston rod 22; fig. 2); and a housing (at least a portion of cylinder 16 between annular disc 24 and radial flange 26; fig. 2; col. 4, ll. 60-68; col. 5, ll. 1-2) at least partially surrounding the rod and the first compressible suspension device (see fig. 2), wherein the bracket is configured to pivotally support the housing from below (by screw bolt 43; see figs. 1,5; col. 6, ll. 26-28).
PNG
media_image1.png
913
520
media_image1.png
Greyscale
Annotated Fig. 2 from US 4,455,769 A
In Ramer, the bracket 114 is positioned to a lateral side of the lower end of the housing 100 for removably attaching the housing 100 (fig. 7; col. 5, ll. 25-33). One of ordinary skill of the art would recognize that the housing may accidently separate from the bracket when the ski boot is in use with the configuration of Ramer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the dual-suspension mechanism as disclosed by Ramer, with the bracket comprising a screw cap enclosing a lower portion of the housing and having a receiving slot configured to receiving a lower portion of the rod, the rod having the first end that inserts into the receiving slot of the bracket as taught by Fritsch, in order to provide secured support for the housing and the damping structures inside the housing thereby avoiding any accidental separation between the housing and the bracket when the ski boot is used in a ski activity.
Regarding claim 3, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 1. Ramer does not disclose wherein the housing is hingedly mounted to the bracket. However, as discussed for claim 1, Fritsch teaches wherein the housing is hingedly mounted to the bracket (by screw bolt 43; see figs. 1,5; col. 6, ll. 26-28). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the dual-suspension mechanism as disclosed by Ramer, with wherein the housing is hingedly mounted to the bracket as taught by Fritsch, in order to provide flexibly secure the housing to the bracket thereby improving the dampening effect when the ski boot is used in a ski sport.
Regarding claim 4, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 1, and Ramer further discloses wherein the second compressible suspension device is disposed outside the housing (when the housing is selected to be a chamber between collar 94 and the lower end of the housing 100; fig. 7).
Regarding claim 5, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 1, and Ramer further discloses wherein the second compressible suspension device is disposed inside the housing (when the housing is selected to be the entire housing 100; fig. 7).
Regarding claim 6, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 5, and further discloses wherein the second compressible suspension device is separated from the first compressible suspension device by a plate (collar 94; fig. 7).
Regarding claim 7, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 6, and further discloses wherein a position of the plate along a length of the rod is adjustable (as the collar 94 is selectively fixed at any desired location along the length of the rod by a set of screws and is further configured to slide with sliding movement of the slide rod 84; fig. 7; col. 5, ll. 6-8, 38-43).
Regarding claim 8, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 1, and Ramer further discloses wherein a connector head (eyelet 86; fig. 7; col. 4, ll. 65-69; col. 5, ll. 1-3) is attached to a second end of the rod (fig. 7; col. 4, ll. 65-69; col. 5, ll. 1-3).
Regarding claim 9, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 8, and Ramer further discloses wherein the connector head is translatable along a length of the rod (as eyelet 86 is integrated with slide rod 84; fig. 7; col. 4, ll. 65-69).
Regarding claim 10, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 9 and Ramer further discloses wherein the connector head releasably mates with an interface device (releasably mates with pin 88; fig. 7; col. 4, ll. 65-69; col. 5, ll. 1-6).
Regarding claim 11, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 8, and Ramer further discloses wherein the connector head releasably mates with an interface device (releasably mates with pin 88; fig. 7; col. 4, ll. 65-69; col. 5, ll. 1-6).
Regarding claim 12, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 1, and Ramer further discloses wherein the first compressible suspension device and/or the second compressible suspension device is/are selected from the group consisting of a spring (compression springs; fig. 7; col. 5, ll. 6-14), a bumper of elastic material, an air shock, a hydraulic shock, or combinations thereof.
Regarding claim 19, Ramer discloses the dual-suspension mechanism of claim 13. Ramer does not disclose the dual-suspension mechanism further comprising a bracket hingedly mounted to the housing. However, Fritsch teaches a bracket (screw cap 17, eccentric 44, claws 45; figs. 2, 5; col. 4, ll. 60-64; col. 6, ll. 15-25) having a receiving slot (see annotated fig. 2), and a rod (piston rod 22; fig. 2; col. 4, ll. 60-68; col. 5, ll. 1-2) having a first end (lower end 23; see fig. 2; col. 5, ll. 1-2) that inserts into the receiving slot of the bracket (see annotated fig. 2), and a housing (at least a portion of cylinder 16 between annular disc 24 and radial flange 26; fig. 2; col. 4, ll. 60-68; col. 5, ll. 1-2) at least partially surrounding the rod (fig. 2), wherein the bracket is configured to pivotally support the housing from below (by screw bolt 43; see figs. 1,5; col. 6, ll. 26-28). In Ramer, the bracket 114 is positioned to a lateral side of the lower end of the housing for removably attaching the housing (fig. 7; col. 5, ll. 25-33). One of ordinary skill of the art would recognize that the housing may accidently separate from the bracket when the ski boot is in use with the configuration of Ramer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the dual-suspension mechanism as disclosed by Ramer, with the dual-suspension mechanism further comprising a bracket comprising a screw cap enclosing a lower portion of the housing and having a receiving slot configured to receiving a lower portion of the rod, the rod having the first end that inserts into the receiving slot of the bracket as taught by Fritsch, wherein the bracket is hingedly mounted to the housing, in order to provide secured support for the housing and other damping structures inside the housing thereby avoiding any accidental separation between the housing and the bracket when the ski boot is used in a ski activity.
Regarding claim 20, Ramer and Fritsch, in combination, disclose the dual-suspension mechanism of claim 19. As discussed for claim 19, Fritsch further teaches wherein the bracket comprises a slot (see annotated fig. 2) for receiving an end of the rod (see annotated fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the dual-suspension mechanism as disclosed by Ramer, with wherein the bracket comprises a slot for receiving an end of the rod as taught by Fritsch, in order to provide an improved configuration for securely support the housing and dampening structures therewithin when the ski boot is used in a ski activity.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm 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 on (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.
/AIYING ZHAO/Primary Examiner, Art Unit 3732