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 amendment filed on 6/23/2026 has been received; Claims 1-20 are pending. Claims 1-6, 8-11, 14-20. Claims 7, 12 & 13 are withdrawn from consideration.
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.
Claims 1-6, 8-11, 14-20 are 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.
Claims 1 & 16 recite “one or more guides located upstream of the second passage and third passage”. It is unclear what is different from the passage on the orienting element and the guide; they appear to be directed to the same subject matter. {Since the metes and bounds of the claimed subject matter cannot be ascertained, the claim is considered indefinite.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perrier (US 2021/0298427).
Regarding Claim 1, Perrie discloses a shoe having a closing system (Figure 1), comprising: a sole (sole, see annotated Figure 1 below); an upper (upper, see annotated Figure 1 below); a lace (lace, see annotated Figure 1 below); a substrate (substrate, see annotated Figure 1 below) secured to the upper, the substrate having an inner face and an exposed face opposite said inner face (Figure 1); a lace-locking element (130) for adjusting the tension of said lace, arranged at said exposed face of said substrate (Figure 1) and wherein said lace crosses said lace-locking element thus defining a lace portion downstream of said lace-locking element (downstream, see annotated Figure 1 below) comprising two lace segments coming out of said lace-locking element (Figure 1); an orienting element (orienting, see annotated Figure 1 below) secured to said substrate, the orienting element and the substrate define a second passage (passage 2, see annotated Figure 1 below) and a third passage (passage 3, see annotated Figure 1 below) and the lace is configured to extend through each of the second passage and third passage, the second passage and the third passage are configured to guide the lace for entering the lace-locking element upstream of said lace- locking element (Figure 1); one or more guide portions (entrance to passage or lace locking element) located upstream of the second passage and the third passage, the lace extends through the one or more guide portions before reaching the second passage and the third passage (Figure 1): and one or more first passages (100) integral with said substrate, wherein said lace portion downstream of said lace-locking element crosses said one or more first passages thus defining (Figure 1), on the side of said exposed face, an end portion of lace extended beyond said one or more first passages, comprising one lace segment or two lace segments not contiguous to each other (Figure 1).
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Claims 1-6, 8-11 & 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berger (USPN 5,177,882).
Regarding Claim 1, Berger discloses a shoe (Figure 1) having a closing system (Figures 1 & 2), comprising: a sole (S), an upper (1); a lace (39), a substrate (15/19/18) secured to the upper, the substrate having an inner face and an exposed face opposite said inner face (Figures 1 & 2), a lace-locking element (24, 33 & 44) for adjusting the tension of said lace (Col. 4, lines 46-58), arranged at said exposed face of said substrate and wherein said lace crosses (via 50 & 51) said lace-locking element thus defining a lace portion downstream of said lace-locking element (Figures 1 & 2) comprising two lace segments coming out of said lace-locking element (Figure 2), an orienting element (9/10) secured to said substrate, the orienting element and the substrate define a second passage (12 on 9) and a third passage (12 on 10) and the lace is configured to extend through each of the second passage and third passage (Figure 2), the second passage and the third passage are configured to guide the lace for entering the lace-locking element upstream of said lace- locking element (Figure 2); one or more guide portions (entrance to passage or lace locking element) located upstream of the second passage and the third passage, the lace extends through the one or more guide portions before reaching the second passage and the third passage (Figure 2); one or more first passages (51/50) integral with said substrate, wherein said lace portion downstream of said lace-locking element crosses said one or more first passages (Figure 2) thus defining, on the side of said exposed face, an end portion (60/61) of lace extended beyond said one or more first passages, comprising one lace segment or two lace segments not contiguous to each other (Figure 2).
Regarding Claim 2, Berger discloses a second passage (40 on one side) and a third passage (40 on another side) integral with said substrate (Figure 2) and which are arranged on the opposite part of said one or more first passages (Figures 1 & 2) with respect to said lace-locking element (Figures 1 & 2), wherein said lace crosses said second passage and said third passage (Figures 1 & 2).
Regarding Claim 3, Berger discloses at least one attachment (62) combined with said end portion of lace (Figure 2),wherein said at least one attachment (62) preferably has dimensions such as not to be able to cross said one or more first passages (Figure 2).
Regarding Claim 4, Berger discloses fastening means (Col. 5, lines 34-38) for fastening said end portion of lace to said substrate (Figure 2), wherein said fastening means are selected from the group comprising: a hook combined with said substrate, a bit combined with said substrate, a buckle combined with said substrate, a ring and a hook combined respectively with said end portion of lace and with said substrate or vice-versa, a couple of so-named hook and loop elements or elements with magnetic interaction, one combined with said substrate and the other combined with said end portion of lace (Col. 5, lines 34-38).
Regarding Claim 5, Berger discloses signaling means (Col. 4, line 46 - Col. 5, line 38) for indicating the tension of said lace, wherein said signaling means are selected from the group comprising: notches arranged on said lace, markings drawn, colored or applied on said lace, lace portions having different colors from each other, and combinations thereof (Figures 1 & 2).
Regarding Claim 6, Berger discloses said lace-locking element (39) is selected from the group comprising: a lace-locking element provided with a button for locking/releasing the lace, an elastic-ring-like lace-locking element, a lace-locking element provided with two passages in which said two passages preferably have an inner surface of a material with high coefficient of friction in contact with the lace (Col. 4, lines 46-58).
Regarding Claim 8, Berger discloses at least one restraining element (9.1/ 10.1/44) constrained to said substrate (Figures 1 & 2) and having at least one visible portion (Figures 1 & 2) arranged on said exposed face defining, with said substrate, said at least one or more first passages (Figures 1 & 2).
Regarding Claim 9, Berger discloses at least one restraining element (9.1/ 10.1/44) constrained to said substrate (Figures 1 & 2) and having at least one visible portion (Figures 1 & 2) arranged on said exposed face which is provided with at least one opening defining said one or more first passages (Figures 1 & 2).
Regarding Claim 10, Berger discloses at least one restraining element (9.1/ 10.1/44) constrained to said substrate (Figures 1 & 2) and having at least one visible portion (Figures 1 & 2) arranged on said exposed face and folded, possibly on itself, thus defining said one or more first passages (Figure 5).
Regarding Claim 11, Berger discloses at least one restraining element(9.1/ 10.1/44) constrained to said substrate (Figures 1 & 2) and having at least one visible portion (Figures 1 & 2)arranged on said exposed face and a pierced element (Figures 1, 2 & 5) combined with said at least one visible portion, wherein said at least one pierced element defines said one or more first passages (Figures 1, 2 & 5).
Regarding Claim 14, Berger discloses at least one orienting element (40) for directing said lace, wherein said at least one orienting element is constrained to said substrate (Figure 2) and has at least one visible portion arranged on said exposed face (Figure 2), wherein said at least one visible portion defines, with said substrate, said second passage and/or said third passage (Figure 2), or wherein said at least one visible portion is provided with at least one opening defining said second passage or said third passage (Figures 1 & 2), or wherein said at least one visible portion is folded, possibly on itself, thus defining said second passage or said third passage (Figures 1 & 2), or wherein said at least one orienting element comprises a pierced element combined with said at least one visible portion, which pierced element defines said second passage or said third passage (Figures 1 & 2)
Regarding Claim 15, Berger discloses said lace is elastic and/or like a closed ring (Figures 1 & 2).
Regarding Claim 16, Berger discloses a shoe (Figure 1) having closing system (Figures 1 & 2), comprising: a sole (S), an upper (1), a lace (39), a substrate (15) secured to the upper, the substrate having an inner face and an exposed face opposite said inner face (Figures 1 & 2), a lace-locking element (24, 33 & 44) for adjusting the tension of said lace (Col. 4, lines 46-58), arranged at said exposed face of said substrate and wherein said lace crosses (via 50 & 51) said lace-locking element thus defining a lace portion downstream of said lace-locking element (Figures 1 & 2) comprising two lace segments coming out of said lace-locking element (Figure 2), an orienting element (9/10) secured to said substrate, the orienting element and the substrate define a second passage (12 on 9) and a third passage (12 on 10) and the lace is configured to extend through each of the second passage and third passage (Figure 2), the second passage and the third passage are configured to guide the lace for entering the lace-locking element upstream of said lace- locking element (Figure 2); one or more guide portions (entrance to passage or lace locking element) located upstream of the second passage and the third passage, the lace extends through the one or more guide portions before reaching the second passage and the third passage (Figure 2); one or more first passages (50/51) integral with said substrate, wherein said lace portion downstream of said lace-locking element crosses said one or more first passages (Figure 2) thus defining, on the side of said exposed face, an end portion (60/61) of lace extended beyond said one or more first passages, comprising one lace segment or two lace segments not contiguous to each other (Figure 2) and wherein the portion of the tightening element which extends entirely through the lace-locking element and is downstream of the lace-locking element is free to float (the lace is free since it is exposed and moves through passages, Figure 2).
Regarding Claim 17, Berger discloses the end portion of the lace is free to move on the side of the exposed face of the substrate (the lace is free since it is exposed and moves through passages, Figure 2).
Regarding Claim 18, Berger discloses the one or more first passages are fixed at a first distance from the substrate (Figures 1 & 2).
Regarding Claim 19, Berger discloses tension is adjusted by pulling the lace portion downstream of said lace-locking element (Figures 1 & 2, a user is capable of pulling the lace at 62 or where the lace is free downstream of said lace-locking element).
Regarding Claim 20, Berger discloses the one or more guide portions are secured to the upper (Figure 2), and wherein the lace extends from a lower region of the substrate and then through the one or more guide portions before reaching the second passage and the third passage (Figure 2).
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
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 KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
