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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 23, 2026 has been entered.
An amendment was filed by the applicant on March 23, 2026.
Claims 2-3 and 11-12 have been cancelled.
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.
Claim 10 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 10 recites the limitation "the band structure" in line 1. There is insufficient antecedent basis for this limitation in the claim. Antecedent basis for “a dual band structure” is provided in claim 9, not in claim 7.
Claim 10 recites the limitation "the dual band structure" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim. Antecedent basis for “a dual band structure” is provided in claim 9, not in claim 7.
Allowable Subject Matter
Claims 1, 4-9 and 13 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lord et al. (US 9,186,554) discloses a swim fin for leg amputees that is without straps. Runckel (US 5,259,798) discloses a swim fin with a pair of straps that are connected together with a buckle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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April 21, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B