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 .
Response to Amendment
The amendment filed on 11/26/2025 has been entered. Claims 1-12 are currently pending in the application. Claims 2 and 4-10 have been previously withdrawn from consideration. Claims 1, 3 and 11-12 are being treated on the merits. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 11/26/2025.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gray (US 2021/0116235 A1) in view of Miller (DE 102019110874 A1).
Regarding claim 1, Gray discloses a measurement device for shoe fitting evaluation (a shoe fit measuring device; abstract; paras. 0005, 0019) comprising:
a last (a replica human foot portion 200; fig. 2; paras. 0019, 0040) insertable into a shoe (paras. 0019, 0040), a top surface of a foot of the last being a surface region configured to be in contact with an upper inner surface of the shoe with the last inserted into the shoe (when the last inserted in a shoe to test shoe fit; paras. 0019, 0040);
a pressure measurement unit (pressure measurement unit comprising pressure sensor 930; fig. 9; paras. 0019, 0053) configured to measure a wearing pressure applied on the top surface of the foot of the last from an upper of the shoe in a state where the last is inserted into the shoe (pressure sensor 930 placed on replica foot 900 at navicular; see fig. 9; paras. 0019, 0053); and
a gap measurement unit (gap measurement unit comprising heel distance gauge 221 and toe distance gauge 231; figs. 3-4; paras. 0019, 0042-0043) configured to measure at least one of a gap between a front end portion of the last and an inner front end portion of the shoe and a gap between a rear end portion of the last and an inner rear end portion of the shoe (figs. 3-4; paras. 0042-0043),
Gray does not disclose wherein the last comprises a main body portion and a position variable portion, and wherein the last comprises a position of the position variable portion with respect to the main body portion is changeable, and the position variable portion is configured to be fixed at different set positions with respect to the main body, and the pressure measurement unit is configured to measure the wearing pressure applied on the top surface of the foot of the last at the different set positions of the position variable portion with respect to the main body in a state where the shoe is worn by the last. However, Miller, in an analogous art, teaches a shoe last (shoe last 1; figs. 1-2; see English translation; paras. 0005, 0027) comprising a main body (part 2; figs. 1-2; para. 0027) and a position variable portion (part 3; figs. 1-2; paras. 0027-0028), the position of the position variable portion with respect to the main body portion is changeable (figs. 1-2; paras. 0005, 0027), the position variable portion is configured to be fixed at different set positions with respect to the main body (by locking device 19; figs. 1-2; paras. 0014. 0019). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the shoe last as disclosed by Gray, with wherein the last comprises a main body portion and a position variable portion, and wherein the last comprises a position of the position variable portion with respect to the main body portion is changeable, and the position variable portion is configured to be fixed at different set positions with respect to the main body as taught by Miller, in order to provide hinged joints between different portions of the last to simulate a human foot at different positions, and temporarily lock the position variable portion at different positions thereby facilitating accurate measurement of shoe fitting, as well as facilitating easy insertion the shoe last into a shoe before measurement and easy removal of the shoe last from the shoe after measurement. By this combination, the pressure measurement unit would be configured to measure the wearing pressure applied on the top surface of the foot of the last at the different set positions of the position variable portion with respect to the main body in a state where the shoe is worn by the last.
Regarding claim 3, Gray and Miller, in combination, disclose the measurement device for shoe fitting evaluation according to claim 1. Gray does not disclose wherein the position variable portion is disposed in at least one of an ankle portion of the last and a front portion of the last, and an angle of the position variable portion with respect to the main body portion is changeable. However, Miller teaches wherein the position variable portion is disposed in at least one of an ankle portion of the last and a front portion of the last (at least at ankle portion; figs. 1-2; para. 0005), and an angle of the position variable portion with respect to the main body portion is changeable (figs. 1-2; para. 0005. 0027). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the measurement device, with wherein the position variable portion is disposed in at least one of an ankle portion of the last and a front portion of the last, and an angle of the position variable portion with respect to the main body portion is changeable as taught by Stocker, in order to provide hinged joints between different portions of the last to simulate a human foot at different positions thereby facilitating easy insertion the shoe last into a shoe before measurement and easy removal of the shoe last from the shoe after measurement.
Regarding claim 11, Gray and Miller, in combination, disclose the measurement device for shoe fitting evaluation according to claim 1, and Gray further discloses wherein the pressure measurement unit has a pressure sensor disposed on the top surface of the foot of the last (pressure sensor 930 placed on replica foot 900 at navicular; see fig. 9; paras. 0019, 0053).
Regarding claim 12, Gray and Miller, in combination, disclose the measurement device for shoe fitting evaluation according to claim 1. Miller further teaches wherein the position variable portion is configured to be fixed at the different set portions with respect to the main body via a gear, a pawl, or a ratchet mechanism (a rachet; para. 0014). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the shoe last as disclosed by Stocker, with wherein the position variable portion is configured to be fixed at the different set portions with respect to the main body via a ratchet mechanism as taught by Miller, in order to use a suitable locking device for temporarily locking the position variable portion with the main body.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Further, Applicant's arguments filed on 11/26/2025 have been fully considered and addressed as follows.
Applicant's remarks: Applicant asserts that Miller's shoe last in the bent position is not intended to be placed in the shoe in a state where the shoe is fully worn by the last; if Miller's two parts are introduced into Gray, the foot portion or shoe last in the bent position is not intended to be fully inserted into the shoe in a state; therefore Gray in combination with Miller would not be capable of measuring a wearing pressure applied on the top surface of the foot of the last at Miller's bent position in a state where the shoe is worn by the last.
Examiner's response: Examiner respectfully disagrees. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the last of the primary reference Gray is configured to be fully inserted into a shoe. By combination with Miller, Gray would have a portion of the last being position variable. After the combination, the modified device does not have any structural feature that would hamper the last to be fully inserted to a shoe. As such, the modified measurement device is capable of being fully inserted into a shoe, thereby being capable of performing the functions as required by instant claim 1. Therefore, Applicant's argument is not found persuasive.
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 AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732