50-51DETAILED 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 .
This is in response to Applicant’s amendment in which claims 1, 3-5, 10, 17, 19, and 22 have been amended, claim 47 has been canceled, claims 48-51 have been added, claims 1, 3-5, 8, 10-11, 15, 17, 19-24, 26, 45-46, and 48-51 remain pending, and claims 17 and 19 are withdrawn from consideration.
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) 49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morgan (US 2003/0097766).
Regarding claim 49, Morgan discloses a skate (100), comprising: a boot (110) defining a foot receiving cavity adapted to receive a wearer's foot and ankle, the boot including: a boot shell having a heel portion (114) and side portions (120) extending from the heel portion to cover sides of at least part of the wearer's foot and ankle, the side portions of the boot shell defining a foot receiving opening providing access to the foot receiving cavity, each side portion having an upper edge (125) defining a part of a periphery of the foot receiving opening; a liner (151) defining an inner layer of the boot at least partially surrounding the foot receiving cavity, the liner having: an inner surface configured to contact the wearer's foot or garment worn on the wearer's foot; an ankle portion adapted to face towards the wearer's ankle in the foot receiving cavity, and an upper segment (152) extending upwardly from the ankle portion of the liner, the upper segment extending over at least part of the upper edge of a first one of the side portions of the boot shell (Fig. 2), the upper segment defining a seamless area extending continuously from the ankle portion of the liner and wrapping over the first one of the side portions of the boot shell (Fig. 2), wherein a portion (upper edge) of the upper segment extends on an outwardly facing side of the boot shell (Fig. 2); an ankle pad (154) adapted for facing at least one side of an ankle of the wearer's foot, the ankle pad being between the ankle portion of the liner and the boot shell, the ankle pad having an upper edge, the upper edge of the ankle pad being between the liner and the boot shell; and a tongue (180) adapted to cover at least an instep region of the wearer's foot, the tongue extending within the foot receiving cavity of the boot, the inner surface of the liner contacting the tongue (Fig. 1); and a ground-engaging assembly (202) attached beneath the boot (paragraphs 0001, 0014-0019, 0025-0029, 0032; Fig. 1-3).
Allowable Subject Matter
Claims 1, 3-5, 8, 10-11, 15, 20-24, 26, 45-46, and 48 are allowed.
Claims 50-51 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) 49 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
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