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 § 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(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jungkind, US 9,072,341.
Regarding claim 1, Jungkind discloses a fastening system [for an article of footwear], comprising: a fastening mechanism including an upper cover (5) that is rotatably coupled to a chassis (see an annotated figure 1 below); a lace (portion of element 4 not confined in the fastening mechanism; wherein the lace is configured to be attached to the sport shoe at another location besides the fastening mechanism) that is configured to be operably engaged with [an upper of the footwear] and with the fastening mechanism (including the cover 5); and a cable (element 4 that is defined within the fastening mechanism) that is attached to the upper cover (5), wherein the cable (of 4) is configured to be received by a receptacle (see the annotated figure 1) that is disposed outboard of an outer chassis wall (see the annotated figure 1), wherein the cable (of 4) is configured to be rotated relative to the chassis (see the annotated figure 1) about a rotational axis (A) [to adjust the footwear] between a loosened configuration (figure 3) and a tightened configuration (figure 2), wherein the fastening mechanism is tightened by actuating the cable (by rotating the cover 5 to actuate and wind said cable), and wherein the fastening mechanism is loosened by rotating the upper cover (5) counterclockwise (R2).
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Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the fastening system, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the rotary closure for a shoe disclosed by Jungkind (US 9,072,341), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, Jungkind discloses the fastening system of claim 1, [wherein the fastening mechanism is mounted to the upper on a lateral side of the footwear (sport shoe) within a midfoot region].
Regarding claim 3, Jungkind discloses the fastening system of claim 1, wherein the lace (of 4) is operably engaged with the fastening mechanism and extends through a spool (3), [and wherein the lace is proximate a tongue of the footwear].
Regarding claim 4, Jungkind discloses the fastening system of claim 3, wherein the fastening mechanism includes the upper cover (5) [that is configured to receive a cable], the spool (3) that is configured to receive the lace (4), and a screw (16) that is operably engaged with the upper cover (5) and the spool (3).
Regarding claim 5, Jungkind discloses the fastening system of claim 4, wherein the fastening mechanism includes a floating latch (6) that is coupled to the upper cover (5), [wherein the floating latch is configured to be selectively engaged with a pinion].
Regarding claim 6, Jungkind discloses the fastening system of claim 5, wherein the fastening mechanism includes an affixed latch (9) that is coupled to a static bolt (17), [wherein the affixed latch is configured to be selectively engaged with the pinion].
Regarding claim 7, Jungkind discloses the fastening system of claim 4, wherein the spool (3) is integrally formed with a pinion (gear portion on a top surface of the spool), and wherein the rotation of the spool (3) is configured to rotate the pinion (see figures 2 - 3).
Regarding claim 8, Jungkind discloses the fastening system of claim 6, wherein the floating latch (6) reaches a final position angle of 270 degrees (when the color marking 20 is rotated 270 degrees to become visible to a user via a recess 19 of the cover 5) relative to a reference axis (B) that intersects a center point of the static bolt (17).
Regarding claim 9, Jungkind discloses the fastening system of claim 6, wherein the floating latch (6) is configured to move radially about the screw (16) and vertically above the affixed latch (9), wherein a first thickness is defined by a plurality of teeth of the pinion (of the spool 3), a second thickness is defined by the floating latch (6), and a third thickness is defined by the affixed latch (9), the first thickness (defining the teeth of the pinion) being no less than a sum of the second thickness (of 6) and the third thickness (of 9).
Regarding claim 10, Jungkind discloses the fastening system of claim 1, wherein the upper cover (5) is rotated counterclockwise (R2) to loosen a tension of the lace (see figure 3).
Regarding claim 11, Jungkind discloses a fastening system [for an article of footwear], comprising: a fastening mechanism including an upper cover (5), a chassis (see the annotated figure 1), a floating latch (6), an affixed latch (9), a cable (4) that is connected to the upper cover (5), a screw (16), and a pinion-spool assembly (3) including a pinion (a gear portion on a top surface of the assembly 3), wherein the pinon (see figure 1) is configured to rotate within the chassis (see the annotated figure 1), and wherein each of the affixed latch (9) and the floating latch (6) is configured to engage at least one of a plurality of teeth (11) of the pinion, wherein the floating latch (6) is configured to move radially about the screw (16) and is disposed vertically above the affixed latch (9); and a lace (portion of 4 not in the assembly 3 and connected to the footwear) [that is configured to be operably engaged with an upper of the footwear], [wherein the fastening mechanism is configured to be actuated (via rotation of the upper cover 5) to adjust the footwear from a loosened configuration to a tightened configuration].
Regarding claim 12, Jungkind discloses the fastening system of claim 11, wherein a pinion (11) and a spool (spool portion of 3) are integrally formed to define a pinion-spool assembly (see figure 1), the pinion-spool assembly (3) including a medial hole (for the cable 4 to extend thru) that extends through the pinion-spool assembly (figure 1).
Regarding claim 13, Jungkind discloses the fastening system of claim 11, wherein the chassis (see the annotated figure 1) includes a receptacle (for the cable to travel thru) that has a guide passage (for said cable; see figures 2 and 3) through which a portion of the cable (4) is pulled to cause rotation of the upper cover (5) relative to the chassis (see the annotated figure 1).
Regarding claim 14, Jungkind discloses the fastening system of claim 13, wherein rotation of the upper cover (5) is configured to adjust a tension of a spring element (7).
Regarding claim 15, Jungkind discloses the fastening system of claim 14, wherein the floating latch (6) is configured to be rotated radially about a central axis (A) to increase the tension of the spring element (7).
Response to Arguments
Applicant's arguments filed February 18, 2026 have been fully considered but they are not persuasive. Applicant has argued that Jungkind (US 9,072,341) fails to disclose a lace that is configured to be operably engaged to an upper of a footwear and with a fastening system, a cable that is attached to an upper cover, and a fastening mechanism that is tightened by actuating the cable, as recited in claim 1. Specifically, the tensioning element (4) of Jungkind is not configured to be both operably engaged with an upper of a footwear with a fastening system, as specified for the claimed lace, and attached to an upper cover (5), as specified for the claimed cable. The argument is found not persuasive in view of the rejection of the claims as set forth in the last Office action mailed on December 8, 2025 (page 3 for claim 1). As rejected, the claimed lace has been considered the portion of the tensioning element (4) that runs outside the fastening mechanism housing and the claimed cable has been considered the portion of the tensioning element (4) that is inside or within the fastening mechanism, which is at the end that is wound onto the roller (3) and driven by the ‘upper cover’ (5). In other words, the tensioning element (4) is a single continuous wire that functionally serves both roles depending on which segment is being considered. It is noted that claim 1 does not require the lace and the cable to be separate physical components. Additionally, the recitation “attached to the upper cover” is met when considering the end of the tensioning element (4) that is anchored to the roller (3), which is driven by the carrier (6) and in turn driven by the knob/upper cover (5), and therefore “attached to” the upper cover assembly (5) through the mechanical connection(s). With regards to the recitation “operably engaged with an upper of the footwear” in claim 1, the Examiner notes that the portion of the element (4) running through the shoe is considered for the operably engagement with the upper. Therefore, under the broadest and most reasonable interpretation, a single continuous tensioning element having a first (lace) portion operably engaged with the upper and a second (cable) portion anchored to and rotated with the upper cover (5) assembly reads on both limitations.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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