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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 14, 2025 has been entered.
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.
Claim(s) 1 and 3 - 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen, US 2019/0150569.
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 one or more pawl teeth (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 one or more pawl teeth (see the annotated figure 2B), the projection or tab (annotated figure 2B) being positioned on a side of the pawl arm (470) opposite the one or more pawl teeth (see the annotated figure 2B), the projection or tab (annotated figure 2B) being configured to engage the lip or wall (480) of the pawl disc (400) to control radial movement of the pawl arm (470) relative to the pawl disc (400).
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, Chen discloses the reel based closure device of claim 1, 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, Chen discloses the reel based closure device of claim 1, wherein the projection or tab (annotated figure 2B) is formed on a radially interior edge (see the annotated figure 3B and figure 5A) of the pawl arm (470).
Regarding claim 5, Chen discloses the reel based closure device of claim 4, 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, Chen discloses the reel based closure device of claim 1, 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, Chen discloses the reel based closure device of claim 6, 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, Chen discloses the reel based closure device of claim 1, 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 one or more pawl teeth (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 one or more pawl teeth (see the annotated figure 2B), the projection or tab (annotated figure 2B) being positioned on a side of the pawl arm (470) opposite the one or more pawl teeth (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 movement of the pawl arm (470) relative to the pawl (480).
Regarding claim 10, Chen discloses the reel based closure device of claim 9, wherein the pawl (480) is disc shaped (figures 2A and 2B).
Regarding claim 11, Chen discloses the reel based closure device of claim 9, 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, Chen discloses the reel based closure device of claim 9, wherein the projection or tab (annotated figure 2B) is formed on a radially interior edge of the pawl arm (470).
Regarding claim 13, Chen discloses the reel based closure device of claim 12, wherein the projection or tab (annotated figure 2B) is positioned on the distal end of the pawl arm (470).
Regarding claim 14, Chen discloses the reel based closure device of claim 9, 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 15, Chen discloses the reel based closure device of claim 14, 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, Chen discloses the reel based closure device of claim 9, 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 inherently be performed (anticipated) when assembling the apparatus disclosed by Chen, US 2019/0150569.
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 one or more pawl teeth (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 one or more pawl teeth (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 one or more pawl teeth (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 movement 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).
Regarding claim 18, Chen discloses the method of claim 17, further comprising 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, Chen discloses the method of claim 17, further comprising axially inserting the pawl (400) into a bottom end of the knob (500).
Regarding claim 20, Chen discloses the method of claim 17, further comprising attaching the reel based closure device (100) to an article of footwear (shoe).
Claim Rejections - 35 USC § 103
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) 101 - 103 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, US 2019/0150569 in view of Pollack et al., US 2018/0160775.
Regarding claim 101, Chen discloses 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 Chen 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, Chen discloses 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 Chen 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, Chen discloses 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 Chen 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 August 14, 2025 have been fully considered but they are not persuasive. Applicant has amended the claims to further require the projection or tab extends axially from the pawl arm below a bottom end of the one or more pawl teeth, the projection or tab being positioned on a side of the pawl arm opposite the one or more pawl teeth, the projection or tab being configured to engage to engage the lip or wall. As rejected, the amended claims have necessitated a new ground of rejection wherein the teaching reference by Chen (US 2019/0150569) has been considered to make anticipate the amended claims as set forth above.
Conclusion
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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/Rowland Do/Examiner, Art Unit 3677