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. 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 appl icant regards as his invention. Claim 8 is 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. Claim 8 recites the limitation “for example, when the user wearing the footwear is moving” which renders the claim indefinite. It is not clear if this limitation is required by the claim, or merely sets out one possible alternative. For purposes of examination, this limitation will be interpreted as not being required by the claim, as this is merely a functional limitation that further defines another functional limitation. Examiner respectfully suggests removing the phrase “for example” if Applicant intends this functional limitation to be required or removing the entire quoted limitation above if Applicant does not intend the limitation to be required. 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) 1-3 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogt ( WO 2012162140 A2 ) in view of Li et al. ( CN 106235506 ) . Regarding Claim 1, Vogt teaches a footwear (300) comprising a housing seat (302) for a foot (fog. 4A shows a housing seat (302) for a wearer’s foot) and an active control system (108, 110, 122) for actively controlling temperature and humidity inside the housing seat, wherein said active control system comprises: an electronic control unit (110) ; a temperature sensor and a humidity sensor (122) operatively connected to the electronic control unit for providing the electronic control unit with a first electrical signal bearing information correlated to the temperature inside the housing sea t and a second electrical signal bearing information correlated to the humidity inside the housing seat, respectively (fig. 3 shows the sensors being connected to the electronic control unit, therein a first and second electrical signal bearing correlated information to the temperature and humidity, respectively, in the housing seat would clearly be transmitted; paragraph [0024] “ One or more sensors 122 may be disposed in the shoe, such as inside the shoe on the upper surface of the sole 104, to monitor temperature, moisture, or other conditions in the shoe. The electronic circuitry 110, for instance, may be designed to read data from the sensors 122 ” ) ; at least one temperature control element (340) operatively connected to the electronic control unit and controllable for varying the temperature inside the housing seat (paragraph [0048], “ the electronics 1 10 may read these sensors 122 and turn off the heat exchangers 340a, 340b if they detect temperatures under or over a predetermined threshold ,” therein the temp control element (340) is clearly operatively connected to the electronic control unit (110) for varying the temperature inside the housing seat). Vogt does not teach wherein said active control system further comprises at least one humidity control element operatively connected to the electronic control unit and controllable for varying the humidity inside the housing seat, and wherein said at least one humidity control element is adapted and configured to vary the humidity by electrolysis. Attention is drawn to Li et al. which teach es an analogous article of footwear. Li et al. teaches a footwear (see fig. 1) comprising a housing seat (3) for a foot and an active control system ( 5, 12) for actively controlling temperature and humidity inside the housing seat (Li teaches “The heating and drying through the electric heating layer, the heating layer for heating and drying the inner space of shoes, and radiate the remnants ozone decomposition,” therein the temperature and humidity are clearly controlled) , wherein said active control system comprises: an electronic control unit (5) ; wherein said active control system further comprises at least one humidity control element (12) operatively connected to the electronic control unit and controllable for varying the humidity inside the housing seat, and wherein said at least one humidity control element is adapted and configured to vary the humidity by electrolysis (Li teaches “a conveying device which makes the mixed gas of the PEM membrane electrolytic electrode to generate hydrogen and oxygen or the mixed gas of hydrogen and ozone into the space in the shoes,” wherein the electrolysis clearly is configured to vary the humidity by the generations of gases) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Vogt to include the teachings of Li such that said active control system further comprises at least one humidity control element operatively connected to the electronic control unit and controllable for varying the humidity inside the housing seat, and wherein said at least one humidity control element is adapted and configured to vary the humidity by electrolysis so as to further increase the wearer’s comfort while wearing the shoe. Regarding Claims 2, Vogt teaches all of the limitations of the footwear of Claim 1, as discussed in the rejections above. Vogt does not teach wherein the at least one humidity control element comprises a solid state polymer electrolyte membrane . Attention is drawn to Li et al. which teaches an analogous article of footwear. Li et al. teaches a footwear (see fig. 1) comprising a housing seat (3) for a foot and an active control system (5, 12) for actively controlling temperature and humidity inside the housing seat (Li teaches “The heating and drying through the electric heating layer, the heating layer for heating and drying the inner space of shoes, and radiate the remnants ozone decomposition,” therein the temperature and humidity are clearly controlled), wherein said active control system comprises: an electronic control unit (5); wherein said active control system further comprises at least one humidity control element (12) operatively connected to the electronic control unit and controllable for varying the humidity inside the housing seat, and wherein said at least one humidity control element is adapted and configured to vary the humidity by electrolysis (Li teaches “a conveying device which makes the mixed gas of the PEM membrane electrolytic electrode to generate hydrogen and oxygen or the mixed gas of hydrogen and ozone into the space in the shoes,” wherein the electrolysis clearly is configured to vary the humidity by the generations of gases). Li further teaches wherein the at least one humidity control element (12) comprises a solid state polymer electrolyte membrane (Li teaches “ PEM membrane electrolytic electrode ,” wherein a PEM membrane is a solid state polymer electrode, see extrinsic evidence: US 2018 / 0363154 ) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Vogt to include the teachings of Li et al. such that the at least one humidity control element comprises a solid state polymer electrolyte membrane as it is no more than a standard type of electrolyte membrane as is known in the art ( see extrinsic evidence: US 2018 / 0363154 ). Regarding Claims 3 , Vogt teaches all of the limitations of the footwear of Claim 1, as discussed in the rejections above. Vogt does not teach wherein the active control system comprises at least one air treatment tank separated from the housing seat and fluidically connected to the housing seat by at least one communication conduit, wherein the at least one humidity control element is arranged and configured to vary the humidity of air contained in the at least one air treatment tank before the air is introduced into the housing seat. Attention is drawn to Li et al. which teaches an analogous article of footwear. Li et al. teaches a footwear (see fig. 1) comprising a housing seat (3) for a foot and an active control system (5, 12) for actively controlling temperature and humidity inside the housing seat (Li teaches “The heating and drying through the electric heating layer, the heating layer for heating and drying the inner space of shoes, and radiate the remnants ozone decomposition,” therein the temperature and humidity are clearly controlled), wherein said active control system comprises: an electronic control unit (5); wherein said active control system further comprises at least one humidity control element (12) operatively connected to the electronic control unit and controllable for varying the humidity inside the housing seat, and wherein said at least one humidity control element is adapted and configured to vary the humidity by electrolysis (Li teaches “a conveying device which makes the mixed gas of the PEM membrane electrolytic electrode to generate hydrogen and oxygen or the mixed gas of hydrogen and ozone into the space in the shoes,” wherein the electrolysis clearly is configured to vary the humidity by the generations of gases). Li further teaches wherein the active control system comprises at least one air treatment tank (2) separated from the housing seat and fluidically connected to the housing seat by at least one communication conduit (fig. 1 shows the air treatment tank (2) separated from the housing seat; Li teaches “ the air chamber 2 is further communicated with the space in the shoes ,” therein is clearly fluidly connected to the housing seat by a communication conduit) , wherein the at least one humidity control element (12) is arranged and configured to vary the humidity of air contained in the at least one air treatment tank before the air is introduced into the housing seat (Li teaches “ the gas cavity 2 through the first one-way valve 11 connected to the water chamber 1, a first one-way valve 11 allows the electrolytic generation of gas from the water chamber 1 flows into the air chamber 2 ,” therein the air in the air treatment tank is clearly varied before introducing into the housing seat) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Vogt to include the teachings of Li et al. such that wherein the active control system comprises at least one air treatment tank separated from the housing seat and fluidically connected to the housing seat by at least one communication conduit, wherein the at least one humidity control element is arranged and configured to vary the humidity of air contained in the at least one air treatment tank before the air is introduced into the housing seat so as to increase the wearer’s comfort. Regarding Claims 1 1 , Vogt teaches all of the limitations of the footwear of Claim 1, as discussed in the rejections above. Vogt further teaches wherein said at least one temperature control element (340) comprises at least one Peltier cell controllable by said electronic control unit for heating and/or cooling the housing seat (Claim 16 teaches “ the heat exchanger is a Peltier effect heat exchanger ” a nd paragraph [0048] teaches “ the electronics 110 may read these sensors 122 and turn off the heat exchangers 340a, 340b if they detect temperatures under or over a predetermined threshold ,” therein the temp control element (340) is clearly a Peltier cell controllable by the electronic control unit for heating the housing seat) Regarding Claims 1 2 , Vogt teaches all of the limitations of the footwear of Claim 1 1, as discussed in the rejections above. Vogt further teaches at least one sheet or thermally conductive mesh (112) (paragraph [0016] teaches “ ionic air mover 112. It comprises two parallel, conductive meshes 11 , 13 ”) , in thermal contact with said Peltier cell, to extend an area of action of said at least one Peltier cell inside, or at a base of said housing seat (fig. 4B shows the mesh (112) in thermal contact with the Peltier cell (340) (shown by the arrows (327) to extend an area of action at the base of the housing seat (302)) . Allowable Subject Matter Claim s 4- 10 and 13-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art alone or in combination does not teach the air treatment tank as being delimited by an elastically deformable wall, wherein pressure from a user’s foot may be used to exchange pair between the housing seat and the air treatment tank. As the prior art teaches a piston attached to the air treatment tank, modifying the air treatment tank to be elastically deformable would clearly render the piston, and therein the invention as a whole inoperable. Further, the prior art does not teach alone or in combination a segregation tank that is fluidically sperate from the housing sear and configured to contain the air with excess humidity that is meant to be expelled outside the housing seat, with both tanks being defined in the heel portion. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT HALEY A SMITH whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6597 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Thursday 7:00 am - 5:00 pm . 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Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HALEY A SMITH/ Primary Examiner, Art Unit 3732