DETAILED ACTION
This communication is a FINAL office action on the merits. Claims 1-20, as filed are currently pending and have been considered below.
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 applicant regards as his invention.
Claims 1-7, and 9 are 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.
The claims further describe wherein the threaded exterior continuously extends between two openings. It is unclear which structures are meant to be associated with each opening. The device includes a linear groove on the exterior of the body that would appear to interrupt continuous extension of the exterior thread. The thread is interrupted such that it fails to continuously extend even 360 degrees about the device. Are the openings a portion of the groove to which the threaded exterior opens into as shown in Fig. 1B? Does the first opening correspond to 26 and the bottom second opening to 24? 26 does not appear to be attached to the threaded exterior. Continuous extension in conjunction with the location of the groove and the comments above render claim 1 and its dependent claims indefinite.
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) 1-7 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by VerBrugge (US 2017/0204938).
Regarding claim 1, VerBrugge as best understood discloses an apparatus comprising:
a body section comprising:
a first end (including attachment end 34);
a second end (Fig. 1 shows a second end at the base of 14);
a length extending between the first end and second end (Figs. 1-6 as shown);
a linear interior channel (20) running at least partially along the length (Fig. 9 shows the rope traveling along the interior of the channel);
a first opening proximate the first end of the body section (Fig. 6 as annotated below wherein Fig. 9 shows how the rope 12 passes up through the internal passageway 20 and into the circular channel 22); and
a second opening (16) proximate the second end of the body; and
a threaded exterior (26) along at least a portion of the length continuously extending between the first opening proximate the first end of the body section and the second opening proximate the second end of the body section (Figs. 3, 5, 6 and 9 show the continuous travel of the threading and extending between the openings).
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Regarding claim 2, VerBrugge further discloses wherein the threaded exterior comprises a ridge (perimeter edges of the helical groove 26) and a groove (32), wherein the groove extends along at least a portion of the length of the body section (Fig. 4 as shown).
Regarding claim 3, VerBrugge further discloses wherein the groove is an indent in the body section defined by at least one break in the ridge (Figs. 1 and 4 as shown).
Regarding claim 4 as best understood, VerBrugge further discloses wherein the groove extends continuously from the first end to the second end of the body section and the groove connects to each of the first opening and the second opening of the body (Fig. 9 shows wherein the rope continuously passes through the openings and the groove).
Regarding claim 5, VerBrugge further discloses a lace or drawstring guard, the lace or drawstring guard comprising a notch (First opening as indicated in Claim 1 above), wherein the notch is defined by a break in the body section such that a part of the channel is exposed and wherein the notch retains the lace in the channel and provides a surface of the body for holding the lace or drawstring when the lace or drawstring is inserted back in the channel (Figs. 6 and 9 as shown).
Regarding claim 6, VerBrugge further discloses wherein the notch is located within a groove (22).
Regarding claim 7, VerBrugge further discloses an aperture (16) on the body and the aperture providing a further opening to the channel, the further opening positioned along the length extending between the first and second end.
Regarding claim 9, VerBrugge further discloses wherein adjacent surface of the ridge and the groove cooperate to host a length of the lace or drawstring therein (Fig. 2 as shown).
Response to Arguments
Applicant's arguments filed 12 June 2025 have been fully considered but they are not persuasive. Applicant argues VerBrugge does not disclose an interior channel as claimed. However, Applicant has not addressed why channel (20) does not read on this limitation. Indeed, as noted above, the rope is shown passing along the interior of the channel in Fig. 9. Applicant further argues the features are distinct but fails to clearly describe why the features of Verbrugge do not read upon the claimed features. Applicant makes further comments upon how the devices are functionally different but fails to distinguish how they are different as claimed.
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 MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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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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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677