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 .
This is a final Office action responsive to the reply filed on 05/08/2026.
Claims 2, 11, 12, 16 and 18 have been amended.
Claims 1, 3, 4 and 19 have been canceled.
Claims 2, 5-18, 20 and 21 are pending.
Claim Objections
Claims 2, 11, 16 and 18 are objected to because of the following informalities:
Claim 2, line 14 “every opening” should be - - every of the opening - -.
Claim 11, line 11 “every opening” should be - - every of the opening - -.
Claim 16, line 13 “every opening” should be - - every of the opening - -.
Claim 18, line 3 “each opening” should be - - each of the opening - -.
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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 2, 5-10 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Burns et al. (US Publication 2016/0120267), in view of Hahn (US Patent No. 1,806,162).
Regarding claim 2, Burns et al. discloses a reel based closure device for tightening an article comprising:
a housing having an interior (see annotated Fig. 20B);
a tension member that is a lace or cord having a uniform diameter at opposing ends (see annotated Fig. 20B);
a spool rotatably positioned within the interior of the housing (see annotated Fig. 20B);
a tensioner positioned axially above the spool and operably coupled therewith such that an operation of the tensioner causes the spool to rotate within the interior of the housing to wind the tension member about the spool (see annotated Fig. 20B).
Burns et al. does not disclose a coupler that is separate from the tension member and that frictionally engages with a distal end of the tension member so that the coupler is removably fixed about the tension member without requiring any alteration of the distal end of the tension member; wherein the coupler includes a plurality of openings through which the tension member is inserted, and wherein every opening of the coupler is slightly larger than the tension member to enable easy insertion of the tension member through the plurality of openings.
However, Hahn teaches a coupler that is separate from the tension member (s) and that frictionally engages with a distal end of the tension member (s) so that the coupler is removably fixed about the tension member (s) without requiring any alteration of the distal end of the tension member (s); wherein the coupler includes a plurality of openings (c) through which the tension member (s) is inserted, and wherein every opening (c) of the coupler is slightly larger than the tension member (s) to enable easy insertion of the tension member (s) through the plurality of openings (c) (see annotated Fig. 4 and Figs. 6-8).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to replace the knot from Burns et al. by inserting the tension member through the opening (c) of the coupler and frictionally engaging to the slit (b) as taught by Hahn, in order to secure the tension member with the spool.
Regarding claim 5, the combination of Burns et al. in view of Hahn discloses, wherein the spool includes a coupling feature within which the coupler is positioned to attach the tension member to the spool (see annotated Fig. 20B).
Regarding claim 6, the combination of Burns et al. in view of Hahn discloses, wherein the coupling feature of the spool comprises a channel that extends entirely through a centrally positioned cylindrical body member of the spool, and wherein the distal end of the tension member is inserted entirely through the channel prior to frictionally engaging the coupler with the tension member (see annotated Fig. 20B).
Regarding claim 7, the combination of Burns et al. in view of Hahn discloses the claimed invention except for the coupler is larger than a smallest diameter of the channel of the spool such that when coupled with the tension member, the coupler prevents the tension member from being retracted through the channel of the spool and uncoupled from the spool.
However, Hahn teaches the coupler (see annotated Fig. 4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the diameter of the channel to be smaller than the coupler in order to avoid the tension member being retracted through the channel.
Regarding claim 8, the combination of Burns et al. in view of Hahn discloses the claimed invention except for the coupler is sufficiently small such that when the tension member is retracted within the channel of the spool, the coupler does not extend radially outward beyond an outer wall of the centrally positioned cylindrical body member of the spool.
However, Hahn teaches the coupler (see annotated Fig. 4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel to be bigger than the coupler in order to retract the coupler with the tension member through the channel and avoid interference with the outer wall of the spool.
Regarding claim 9, the combination of Burns et al. in view of Hahn discloses the claimed invention except for the coupler is configured to frictionally engage with opposing ends of the tension member so that the coupler is fixedly secured to the opposing ends of the tension member, and wherein the opposing ends of the tension member are attached to the spool when the coupler is positioned within the coupling feature of the spool.
However, Hahn teaches the coupler is configured to frictionally engage with opposing ends of the tension member (S) so that the coupler is fixedly secured to the opposing ends of the tension member (S) (see annotated Fig. 4 and Figs. 6-8).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the ends of the tension member from Burns et al. by securing both ends with the coupler and placing them within the channel in order to avoid interference.
Regarding claim 10, the combination of Burns et al. in view of Hahn discloses, wherein the coupler frictionally engages with the distal end of the tension member so that no trimming or cutting of the tension member is required after the coupler is secured to the tension member (see annotated Fig. 4 from Hahn).
Regarding claim 16, Burns et al. discloses a method of coupling a tension member with a reel based closure device comprising:
inserting the tension member through a channel of a spool of the reel based closure device (see annotated Fig. 20B);
coupling a distal end of the tension member that is positioned externally of the spool and that is separate from the tension member (see annotated Fig. 20B); and
retracting the tension member through the channel of the spool so that engages with the channel and thereby prevents the tension member from being pulled through the channel of the spool (see annotated Fig. 20B).
Burns et al. does not disclose a coupler, wherein the coupler frictionally engages with the distal end of the tension member to fix the coupler about the distal end of the tension member; and wherein the coupler includes a plurality of openings through which the tension member is inserted, and wherein every opening of the plurality of openings is slightly larger than the tension member to enable easy insertion of the tension member through the plurality of openings.
However, Hahn teaches a coupler, wherein the coupler frictionally engages with the distal end of the tension member (s) to fix the coupler about the distal end of the tension member (s); and wherein the coupler includes a plurality of openings (c) through which the tension member (s) is inserted, and wherein every opening (c) of the plurality of openings is slightly larger than the tension member (s) to enable easy insertion of the tension member (s) through the plurality of openings (c) (see annotated Fig. 4 and Figs. 6-8).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to replace the knot from Burns et al. by inserting the tension member through the opening (c) of the coupler and frictionally engaging to the slit (b) as taught by Hahn, in order to secure the tension member with the spool.
Regarding claim 17, the combination of Burns et al. in view of Hahn discloses, wherein the coupler frictionally engages with the tension member (S) without requiring a knot to be tied in the tension member (S) and without requiring any other alteration of the tension member (S) (see annotated Fig. 4 and Figs. 6-8 from Hahn).
Regarding claim 18, the combination of Burns et al. in view of Hahn discloses, wherein the method further comprises inserting the distal end of the tension member (S) through each opening of the plurality of openings to frictionally engage the tension member (S) with the coupler (see annotated Fig. 4 and Figs. 6-8 from Hahn).
Regarding claim 20, the combination of Burns et al. in view of Hahn discloses, wherein the coupler frictionally engages with the distal end of the tension member (S) so that no trimming or cutting of the tension member (S) is required after the coupler is secured to the tension member (S) (see annotated Fig. 4 and Figs. 6-8 from Hahn).
Regarding claim 21, Burns et al. discloses the tension member is retracted within the channel of the spool and does not extend radially outward beyond an outer wall of a cylindrical body member of the spool (see annotated Fig. 20B).
Burns et al. does not disclose the coupler.
However, Hahn teaches the coupler (see annotated Fig. 4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel to be bigger than the coupler in order to retract the coupler with the tension member through the channel and avoid interference with the outer wall of the spool.
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hahn (US Patent No. 1,806,162), in view of Burns et al. (US Publication 2016/0120267).
Regarding claim 11, Hahn discloses a coupler that is securable to a tension member of a reel based closure system, the coupler comprising:
a main body that is separate from the tension member (s) (see annotated Fig. 4); and
a plurality of openings (c) positioned about the main body so that a distal end of the tension member (s) is insertable through the plurality of openings (c) of the main body (see annotated Fig. 4);
wherein: the coupler is configured so that the coupler-frictionally engages with the distal end of the tension member (s) (frictionally engaged at (b), see annotated Fig. 4 and Figs. 6-8); and
wherein every opening (c) of the plurality of openings is slightly larger than the tension member (s) (see annotated Fig. 4 and Figs. 6-8).
Hahn does not disclose the coupler is positioned externally of a spool to removably affix the tension member to the coupler.
However, Burns et al. teaches a tension member positioned externally of a spool (see annotated Fig. 20B).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the coupler from Hahn with the tension member from Burns in order to avoid the tension member from being pulled back through the spool.
Regarding claim 12, Hahn discloses, wherein the coupler is configured to frictionally engage with opposing ends of the tension member (s) so that the coupler is fixedly secured to both ends of the tension member (s) (see annotated Fig. 4 and Figs. 6-8).
Regarding claim 13, Hahn discloses, wherein the coupler frictionally engages with the distal end of the tension member (S) so that no trimming or cutting of the tension member (S) is required after the coupler is secured to the tension member (S) (see annotated Fig. 4 and Figs. 6-8 from Hahn).
Regarding claim 14, Hahn discloses, wherein the coupler frictionally engages with the tension member (S) without requiring a knot to be tied in the tension member (S) and without requiring any other alteration of the tension member (S) (see annotated Fig. 4 and Figs. 6-8 from Hahn).
Regarding claim 15, Hahn discloses the coupler (see annotated Fig. 4 and Figs. 6-8).
Hahn does not disclose the coupler is positionable within a channel of the spool.
However, Burns et al. teaches a channel of the spool (see annotated Fig. 20B).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the coupler with tension member from Burns in order to wind the tension member within the channel of the spool.
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Response to Arguments
Applicant's arguments filed 05/08/2026 have been fully considered but they are not persuasive. Regarding claims 1, 11 and 16 the applicant alleged that Hahn, fails to teach or suggest that a coupler "includes a plurality of openings through which the tension member is inserted", in which "every opening of the coupler is slightly larger than the tension member". The examiner disagrees, because Hahn broadly teaches a plurality of openings (c) through which the tension member (s) is inserted, and every opening (c) of the coupler is slightly larger than the tension member (s) (see annotated Fig. 4 and Figs. 6-8). Applicant arguments are more limiting than claimed invention.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason W. 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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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
Prosecution Insights