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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/5/2026 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.
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 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 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).
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732