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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 27, 2026 has been entered.
In the submission, claims 1, 9, 19-24 have been amended and claims 25 and 26 have been cancelled. Claims 1-5, 7, 9-13 and 19-24 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 13, said second side” in line 12 lacks proper antecedent basis.
Allowable Subject Matter
Claims 1-5,7, 9-12 and 19-24 are allowed.
The following is an examiner’s statement of reasons for allowance: blister prevention apparatuses are known as demonstrated by the prior art of record. The prior art, however, fails to teach or fairly suggest to one alone or in combination, a blister prevention apparatus comprising a friction barrier having a having a construction selected from a group of constructions consisting of:a plantar heel portion joined to a back heel portion along a bendable area, an ankle cover of said back heel portion extending outward in different directions from a medial portion of said back heel portion, said bendable area having inwardly curved sides opposite each other, said back heel portion having an outwardly curved side delimiting a periphery.said periphery delimiting a back end portion of said back heel portion exclusive of said ankle cover, said ankle cover forward, in a direction towards a forward end of said plantar heel portion, of said outwardly curved side delimiting said periphery, said plantar heel portion configured to cover a plantar heel portion of an inner sole of a footwear: said back heel portion configured to abut a heel counter of said footwear :a contoured toe end portion connected to a medial sole portion at said toe end portion, an outwardly curved side and an inwardly curved side connecting said contoured toe end portion to said medial sole portion, said contoured toe end portion configured to cover a toe end portion of said inner sole of said footwear, said medial sole portion configured to cover a medial portion of said inner sole of said footwear; and said plantar heel portion connected to and extending from said medial sole portion, in combination with the other recited features of claim 1. Dependent claims 2-5, 7, 9-12 and 19-24 are allowable by virtue of their dependence on allowable claim 1.
Claim13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
With respect to claim 13, the prior art fails to teach or fairly suggest to one alone or in combination a blister prevention apparatus wherein said first layer and said second layer integrated as one piece; wherein said first layer and said second layer each comprise a separate discrete layer; wherein said first layer slidably engages said second layer; and wherein said second layer is pivotally attached to said first layer, in combination with the other recited features of claim 13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIM M LEWIS whose telephone number is (571)272-4796. The examiner can normally be reached Monday -Friday 5:30 am -11:30 am.
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, Alireza Nia can be reached at (571)270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIM M LEWIS/Primary Examiner, Art Unit 3786
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