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 .
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.
Claim(s) 1 and 3-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, US 2019/0150569 in view of Ha, US 2019/0008236.
Regarding claim 1, Chen discloses a reel based closure device comprising: a housing (200); a spool (300) rotatably positioned within the housing (200), the spool (300) comprising a channel (between the disc portions of the spool 300 and surrounding a spool cylinder 320) formed therein about which a tension member (600) is wound as the spool (300) is rotated in a tightening direction (A2) and is unwound as the spool (300) is rotated in a loosening direction (A1); a knob (500) supported by the housing (200), the knob (500) being rotatable with respect to the housing (200) and being operably coupled to the spool (300) such that rotation of the knob (500) causes the spool (300) to rotate in the tightening direction (A2); and a pawl disc (400) that is separate from the knob (500) and operably couplable thereto, the pawl disc (400) including one or more pawls comprising a pawl arm (470) having a proximal end that is coupled to the pawl disc (400) and a distal end that includes tooth (see an annotated figure 2B below); wherein: the pawl disc (400) includes a lip or wall (480); and the pawl arm (470) includes a projection or tab (see the annotated figure 2B) that extends axially from the pawl arm (470) below a bottom end of the tooth (see the annotated figure 2B), the projection or tab (annotated figure 2B) being positioned on a (bottom) side of the pawl arm (470) opposite the tooth (see the annotated figure 2B), the projection or tab (annotated figure 2B) being configured to engage an inner surface of the lip or wall (480; see an annotated figure 5A below) of the pawl disc (400) to control radial movement of the pawl arm (470) relative to the pawl disc (400).
Chen does not explicitly disclose the distal end of the pawl arm including a plurality of teeth. Ha teaches a ratchet shoe closure wherein the distal end of the pawl arm (240c) comprises a plurality of teeth (243). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pawl arm of Chen to include a plurality of teeth as taught by Ha in order to increase the contact area between the pawl and the ratchet wheel, distributing load across multiple engagement points and thereby reducing stress concentration on any single tooth.
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the reel based closure device, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the apparatus for fastening (shoelace) disclosed by Chen (US 2019/0150569), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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Regarding claim 3, the combination of Chen and Ha teaches the reel based closure device of claim 1. Chen further discloses wherein the lip or wall (480) is formed or defined on outer peripheral edge (see figure 2B) of the pawl disc (400).
Regarding claim 4, the combination of Chen and Ha teaches the reel based closure device of claim 1. Chen further discloses wherein the projection or tab (annotated figure 2B) is formed on a radially interior edge (see the annotated figures 2B and 5A) of the pawl arm (470).
Regarding claim 5, the combination of Chen and Ha teaches the reel based closure device of claim 4. Chen further discloses wherein the projection or tab (annotated figure 2B) is positioned on the distal end (see the annotated figure 2B) of the pawl arm (470).
Regarding claim 6, the combination of Chen and Ha teaches the reel based closure device of claim 1. Chen further discloses wherein the one or more pawl teeth (annotated figure 2B) engage with teeth (230) when the knob (500) is in an engaged position (a first position), and wherein the one or more pawl teeth (annotated figure 2B) disengage from the teeth (230) when the knob (500) is in a disengaged position (a second position).
Regarding claim 7, the combination of Chen and Ha teaches the reel based closure device of claim 6. Chen further discloses wherein the knob (500) is moveable axially (when the disc 400 is lowered to a position between the first position and the second position; paragraph [0048]) with respect to the housing (200) between the engaged position (the first position) and the disengaged position (the second position).
Regarding claim 8, the combination of Chen and Ha teaches the reel based closure device of claim 1. Chen further discloses wherein the proximal end of the pawl arm (470) is fixedly coupled to the pawl disc (400).
Regarding claim 9, Chen discloses a reel based closure device comprising: a housing (200); a spool (300) rotatably positioned within the housing (200); a knob (500) operably coupled to the spool (300) such that rotation of the knob (300) causes the spool (300) to rotate; and a pawl (480) that includes one or more pawl arms (470) having a proximal end that is coupled to the pawl (480) and a distal end that includes a tooth (see the annotated figure 2B); wherein: the pawl (480) includes a lip or wall (see the annotated figure 2B); and the pawl arm (470) includes a projection or tab (see the annotated figure 2B) that extends axially from the pawl arm (470) below a bottom end of the tooth (see the annotated figure 2B), the projection or tab (annotated figure 2B) being positioned on a side of the pawl arm (470) opposite the tooth (annotated figure 2B) and the projection or tab (annotated figure 2B) being configured to engage the lip or wall (annotated figure 2B) of the pawl (480) to control radial outward movement (by not allowing an overtravel of the arm inwardly since the wall engages the tab) of the pawl arm (470) relative to the pawl (480).
Chen does not explicitly disclose the distal end of the pawl arm including a plurality of teeth. Ha teaches a ratchet shoe closure wherein the distal end of the pawl arm (240c) comprises a plurality of teeth (243). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pawl arm of Chen to include a plurality of teeth as taught by Ha in order to increase the contact area between the pawl and the ratchet wheel, distributing load across multiple engagement points and thereby reducing stress concentration on any single tooth.
Regarding claim 10, the combination of Chen and Ha teaches the reel based closure device of claim 9. Chen further discloses wherein the pawl (480) is disc shaped (figures 2A and 2B).
Regarding claim 11, the combination of Chen and Ha teaches the reel based closure device of claim 9. Chen further discloses wherein the lip or wall (annotated figure 2B) is formed or defined on outer peripheral edge (of the center opening) of the pawl (480).
Regarding claim 12, the combination of Chen and Ha teaches the reel based closure device of claim 9. Chen further discloses wherein the projection or tab (annotated figure 2B) is formed on a radially interior edge of the pawl arm (470).
Regarding claim 13, the combination of Chen and Ha teaches the reel based closure device of claim 12. Chen further discloses wherein the projection or tab (annotated figure 2B) is positioned on the distal end of the pawl arm (470).
Regarding claim 14, the combination of Chen and Ha teaches the reel based closure device of claim 9. Chen further discloses wherein the one or more pawl teeth (as modified) engage with teeth (230) when the knob (500) is in an engaged position (a first position), and wherein the one or more pawl teeth (annotated figure 2B) disengage from the teeth (230) when the knob (500) is in a disengaged position (a second position).
Regarding claim 15, the combination of Chen and Ha teaches the reel based closure device of claim 14. Chen further discloses wherein the knob (500) is moveable axially (when the disc 400 is lowered to a position between the first position and the second position; paragraph [0048]) with respect to the housing (200) between the engaged position (the first position) and the disengaged position (the second position).
Regarding claim 16, the combination of Chen and Ha teaches the reel based closure device of claim 9. Chen further discloses wherein the proximal end of the pawl arm (470) is fixedly coupled to the pawl (480).
Regarding claims 17 - 20, given the structure of a reel based closure device, the claimed method steps would be obvious when assembling the apparatus disclosed by Chen, US 2019/0150569 in view of Ha, US 2019/0008236.
Regarding claim 17, Chen discloses a method of assembling a reel based closure device, the method comprising: obtaining a housing (200); positioning a spool (300) within the housing (200) so that the spool (300) is rotatable within the housing (200); coupling a pawl (400) with the housing (200), the pawl (400) including one or more pawl arms (470) having a proximal end that is coupled to the pawl (400) and a distal end that includes a tooth (see the annotated figure 2B), wherein the pawl (400) includes a lip or wall (480) and the pawl arm (470) includes a projection or tab (see the annotated figure 2B) that extends axially from the pawl arm (470) below a bottom end of the tooth (see the annotated figure 2B), the projection or tab (see the annotated figure 2B) being positioned on a side of the pawl arm (470) opposite the tooth (see the annotated figure 2B) and the projection or tab (see the annotated figure 2B) being configured to engage the lip or wall (480) of the pawl (400) to control radial outward movement (by not allowing an overtravel of the arm inwardly since the wall engages the tab) of the pawl arm (470) relative to the pawl (400); and coupling a knob (500) with the housing (200) so that the knob (500) is operably coupled to the spool (300).
Chen does not explicitly disclose the distal end of the pawl arm including a plurality of teeth. Ha teaches a ratchet shoe closure wherein the distal end of the pawl arm (240c) comprises a plurality of teeth (243). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pawl arm of Chen to include a plurality of teeth as taught by Ha in order to increase the contact area between the pawl and the ratchet wheel, distributing load across multiple engagement points and thereby reducing stress concentration on any single tooth.
Regarding claim 18, the combination of Chen and Ha teaches the method of claim 17. Chen further discloses the method of positioning the projection or tab (see the annotated figure 2B) of the pawl arm (470) radially inward of the lip or wall (480) of the pawl (400) so that a radially outward movement of the pawl arm (470) engages the projection or tab (see the annotated figure 2B) of the pawl arm (470) with the lip or wall (480) of the pawl (400).
Regarding claim 19, the combination of Chen and Ha teaches the method of claim 17. Chen further discloses the method of comprising axially inserting the pawl (400) into a bottom end of the knob (500).
Regarding claim 20, the combination of Chen and Ha teaches the method of claim 17. Chen further discloses the method of comprising attaching the reel based closure device (100) to an article of footwear (shoe).
Claim(s) 101 - 103 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, US 2019/0150569 in view of Ha, US 2019/0008236 as applied to claim 1 above and further in view of Pollack et al., US 2018/0160775.
Regarding claim 101, the combination of Chen and Ha teaches the reel based closure device of claim 1 except for wherein the reel based closure device is attached to a brace. Pollack teaches a similar reel device (to that of Chen) that is being attached to a brace or a shoe (see paragraph [0002]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the fastening device of the combination of Chen and Ha to attach the device to a brace (instead of a shoe) as taught by Pollack so that the fine tightening (adjustment) of a wire/lace can be achieved on a brace also.
Regarding claim 102, the combination of Chen and Ha teaches the reel based closure device of claim 9 except for wherein the reel based closure device is attached to a brace. Pollack teaches a similar reel device (to that of Chen) that is being attached to a brace or a shoe (see paragraph [0002]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the fastening device of the combination of Chen and Ha to attach the device to a brace (instead of a shoe) as taught by Pollack so that the fine tightening (adjustment) of a wire/lace can be achieved on a brace also.
Regarding claim 103, the combination of Chen and Ha teaches the method of claim 20 except for wherein the reel based closure device is attached to a brace. Pollack teaches a similar reel device (to that of Chen) that is being attached to a brace or a shoe (see paragraph [0002]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the fastening device of the combination of Chen and Ha to attach the device to a brace (instead of a shoe) as taught by Pollack so that the fine tightening (adjustment) of a wire/lace can be achieved on a brace also.
Response to Arguments
Applicant's arguments filed December 17, 2025 have been fully considered but they are not persuasive. Applicant has amended the claims to further require the tab (148) to being configured to engage an inner surface of the wall (149) of the pawl disc (140). As rejected, the amended claims have necessitated a new ground of rejection wherein the combination of Chen and Ha has taught the claimed closure device as set forth above.
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 ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
