DETAILED ACTION
Claims 2-9, 11-15, 18-21 are pending. Claims 2, 6, and 12 are amended. Claims 10, 16, and 17 are cancelled.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 10, 2025 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on December 10, 2025. As directed by the amendment: claims 2, 6, and 12 have been amended, claims 10, 16, and 17 have been cancelled. Thus, claims 2-9, 11-15, and 18-21 are presently pending in this application.
Applicant’s amendment to the claims has overcome the 35 USC §101 rejections.
Applicant’s amendments have overcome the 35 USC §103 rejections, however, additional portions of Maravetz are utilized and all pending claims remain rejected under §103.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments regarding Fig. 12 of Maravetz are understood, however, the examiner is merely utilizing the depiction of Fig. 12 to indicate the positioning of the straps, not the attachment of the straps. Thus, arguments regarding the attachment structure of Fig. 12 are not persuasive.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 2-7, 9, 12-14, and 18-21 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over Maravetz et al. (US 6416074) as evidenced by Hammerslag et al. (US 20060156517).
Regarding claim 2, Maravetz describes a shoe (see annotated Fig. 2) comprising:
a sole (see annotated Fig. 2);
an upper (see annotated Fig. 2) that is attached to the sole and configured to fit around a foot of a wearer;
a second lace (tightening element 24) that is guided or directed about a second path along the shoe, the second lace being tensionable to cause a second portion of the shoe to tighten about a wearer's foot; and
a second reel based closure device (closure device 26) that is operably coupled with the second lace (24) to effect tensioning of the second lace upon operation of the second reel based closure device.
Maravetz does not explicitly describe a first lace that is guided or directed about a first path along the shoe, the first lace being tensionable to cause a first portion of the shoe to tighten about a wearer's foot;
a first reel based closure device that is operably coupled with the first lace to effect tensioning of the first lace upon operation of the first reel based closure device;
wherein the first portion of the shoe is different than the second portion of the shoe,
wherein the first lace does not overlap with the second lace along an entirety of the first path.
Maravetz does describe however that multiple tightening elements may be employed and each can be attached to a separate closure device (col. 9, ll. 28-34) and discloses an embodiment that includes a separate strap arrangement in the forefoot region (see Fig. 12) and therefore discloses
a first lace (24 on forefoot portion) that is guided or directed about a first path along the shoe (along forefoot), the first lace being tensionable to cause a first portion of the shoe to tighten about a wearer's foot;
a first reel based closure device (26 on forefoot) that is operably coupled with the first lace to effect tensioning of the first lace upon operation of the first reel based closure device;
wherein the first portion of the shoe is different than the second portion of the shoe (are different areas, one in the ankle region, the other in the forefoot region)
wherein the first lace does not overlap with the second lace along an entirety of the first path (as modified the ankle strap from Fig. 2 with lace does not overlap the forefoot strap from Fig. 12 with lace).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the embodiment of Fig. 2 to include another tightening strap at the forefoot region in order to permit the user to independently tighten various different section of the footwear item to various different tensions to provide precise comfort to the user (Hammerslag, para. 0197). It is noted that the modification including Fig. 12 is solely utilized for the location of the strap, which is readily supported by Maravetz for various embodiments “For example, a strap can be provided to hold down the toe of the rider, one can be attached about the shin area of the snowboard boot 28, and/or a heel strap can be provided.” (col. 10, ll. 21-25)
Maravetz as modified does not explicitly describe
wherein the first reel based closure device is affixed to the upper and positioned on a first side of the shoe;
wherein the first lace is routed from the first reel based closure device and across a tongue of the shoe to a single guide positioned on a second side of the shoe opposite the first reel based closure device; and
wherein the first lace is routed from the single guide and across the tongue back to the first reel based closure device so that opposing ends of the first lace are coupled with the first reel based closure device.
Maravetz does describe embodiments where wherein the first reel based closure device is affixed to the upper and positioned on a first side of the shoe (see Fig. 8); and describes “the closure device 26 need not be mounted to the strap 20 at all, but rather, can be mounted to the snowboard boot, the binding or the binding interface with which the strap 20 is employed.” (col. 5, ll. 5-9) and describes “When multiple straps are employed on the snowboard boot 28, each can be provided with its own closure device 26, or a single tightening element 24 can be routed through the multiple straps and can be tightened by a single closure device 26.” Col. 10, ll. 25-29).
Maravetz further discloses wherein the first lace is routed from the first reel based closure device (26, mounted on boot) and across a tongue (as modified above, is located in the toe region and extends across the tongue)
wherein the first lace is routed from the single guide and across the tongue back to the first reel based closure device so that opposing ends of the first lace are coupled with the first reel based closure device (both ends attached to closure device 60, see Fig. 9).
Maravetz also discloses the lace extending to a single guide positioned on a second side of the shoe opposite the first reel based closure device (see Figs. 3-5, elements 40 and 41).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the closure device to be attached to the boot as such a movement is merely a rearrangement of parts as evidence by Maravetz which states “The closure device 26 need not be mounted to the strap body 22, but rather, can be mounted directly to the snowboard boot for each of the embodiments of the present invention discussed above.” (col. 12, ll. 55-58). Furthermore, providing a permanent attachment would reduce the likelihood of the tightening mechanism from inadvertently falling off.
Furthermore, including a guide on the opposing side (not shown in Fig. 8) would have been obvious in order to maintain the tightening element in place in order to provide tension to the footwear.
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Regarding claim 3, Maravetz as modified describes the shoe of claim 2, but does not explicitly describe wherein the second reel based closure device is mounted to a heel portion of the shoe.
Maravetz does describe that the closure device 26 can be mounted behind the heel (col. 15, ll. 1-6) and thus wherein the second reel based closure device (26) is mounted to a heel portion of the shoe.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the location of the closure device 26 to be in the heel portion of the shoe as such a modification is mere rearrangement of parts which would not modify the operation of the device and is a mere obvious matter of design choice (MPEP 2144.04(VI)(C)).
Regarding claim 4, Maravetz as modified describes the shoe of claim 3, wherein the second lace (24) is routed from the heel portion of the shoe to a plurality of guides (anchors 40) that are positioned on opposing sides of a tongue of the shoe (col. 4, ll. 19-20).
Regarding claim 5, Maravetz as modified describes the shoe of claim 4, wherein the second lace (24) crosses itself along a midline (see annotated Fig. 2 below) of the shoe between the plurality of guides positioned on opposing sides of the tongue.
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Regarding claim 6, Maravetz as modified describes the shoe of claim 3, wherein the first reel based closure device (as modified includes a strap in the forefoot area) is mounted adjacent a forefoot of the shoe (is in the forefoot portion).
Regarding claim 7, Maravetz as modified describes the shoe of claim 2, wherein the first reel based closure device tightens a lower zone of the shoe adjacent a forefoot of the shoe and the second reel based closure device tightens an upper zone of the shoe adjacent a collar of the shoe (as modified, includes a closure at the heel and forefoot areas).
Regarding claim 9, Maravetz as modified describes the shoe of claim 2, wherein one end of the first lace or the second lace is fixed to a housing of the first reel based closure device (attached to closure 26, Fig. 8, closure 60, Fig. 9) or second reel based closure device, and wherein an opposite end of the first lace or the second lace is attached a spool of the first reel based closure device or second reel based closure device to enable tensioning of the first lace or the second lace.
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Regarding claim 12, Maravetz describes a shoe comprising:
(see annotated Fig. 2) comprising:
a sole (see annotated Fig. 2);
an upper (see annotated Fig. 2) that is attached to the sole and configured to fit around a foot of a wearer, the upper having:
a heel;
a forefoot;
a medial side;
a lateral side (see annotated Fig. 2); and
a tongue positioned between the medial side and lateral side (there is a tongue, see Fig. 2);
a second lace (tightening element 24) that is guided or directed about a second path along the shoe; and
a second reel based closure device (closure device 26) that is coupled with the shoe and operably coupled with the second lace (24) to effect tensioning of the second lace).
Maravetz does not explicitly describe a guide that is affixed to the medial side of the upper; a first lace that is routed or directed about a first path along the shoe via the guide;
a first reel based closure device that is affixed to the lateral side of the upper and operably coupled with the first lace to effect tensioning of the first lace,
wherein the first lace is routed or directed from the first reel based closure device and across the tongue to the guide; and
wherein the first lace is routed or directed from the guide and across the tongue to the first reel based closure device so that opposing ends of the first lace are coupled with the first reel based closure device.
Maravetz does describe however that multiple tightening elements may be employed, and that guides 40, 41, 76 are utilized to guide the laces, and each tightening element can be attached to a separate closure device (col. 9, ll. 28-34) and discloses an embodiment that includes a separate strap arrangement in the forefoot region (see Fig. 12) and therefore discloses a first lace (24 on forefoot portion) that is routed or directed about a first path (along forefoot) along the shoe;
a first reel based closure device (26 on forefoot) that is affixed to the lateral side of the upper (see Fig. 8, also Maravetz describes “The closure device 26 need not be mounted to the strap body 22, but rather, can be mounted directly to the snowboard boot for each of the embodiments of the present invention discussed above.” (col. 12, ll. 55-58))
and operably coupled with the first lace (24) to effect tensioning of the first lace,
wherein the first lace is routed about the shoe so that an upper most portion of the first path is positioned below an upper most portion of the collar (as modified, the first lace is in the forefoot portion and is below an upper most portion of the collar).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the embodiment of Fig. 2 to include another tightening strap at the forefoot region in order to permit the user to independently tighten various different section of the footwear item to various different tensions to provide precise comfort to the user (Hammerslag, para. 0197).
Maravetz as modified does not explicitly describe
wherein the first lace is routed or directed from the first reel based closure device and across the tongue toe to the guide; and
wherein the first lace is routed or directed from the guide and across the tongue to the first reel based closure device so that opposing ends of the first lace are coupled with the first reel based closure device.
Maravetz does describe embodiments where wherein the first reel based closure device is affixed to the upper and positioned on a first side of the shoe (see Fig. 8); and describes “the closure device 26 need not be mounted to the strap 20 at all, but rather, can be mounted to the snowboard boot, the binding or the binding interface with which the strap 20 is employed.” (col. 5, ll. 5-9).
Maravetz further discloses wherein the first lace is routed from the first reel based closure device (26, mounted on boot) and across the tongue (as modified above, is located in the toe region and extend across the tongue)
wherein the first lace is routed or directed from the guide and across the tongue to the first reel based closure device so that opposing ends of the first lace are coupled with the first reel based closure device (both ends attached to closure device 60, see Fig. 9).
Maravetz also discloses the lace extending to a single guide positioned on a second side of the shoe opposite the first reel based closure device (see Figs. 3-5, elements 40 and 41).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the closure device to be attached to the boot as such a movement is merely a rearrangement of parts as evidence by Maravetz which states “The closure device 26 need not be mounted to the strap body 22, but rather, can be mounted directly to the snowboard boot for each of the embodiments of the present invention discussed above.” (col. 12, ll. 55-58). Furthermore, providing a permanent attachment would reduce the likelihood of the tightening mechanism from inadvertently falling off.
Additionally, including a guide on the opposing side (not shown in Fig. 8) would have been obvious in order to maintain the tightening element in place in order to provide tension to the footwear.
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Regarding claim 13, Maravetz as modified describes the shoe of claim 12, wherein the first reel based closure device (26, as modified include a strap in the forefoot area) is positioned adjacent the forefoot of the shoe such that tensioning of the first lace effects tightening of the forefoot of the shoe (is in the forefoot portion).
Regarding claim 14, Maravetz as modified describes the shoe of claim 13, wherein the second reel based closure device (26, see Fig. 2 above) is positioned such that tensioning of the second lace effects tightening of an upper portion of the shoe away from the forefoot (tensions a separate area from the forefoot).
Maravetz does not explicitly describe wherein the second reel based closure device is mounted on the heel of the shoe.
Maravetz does describe that the closure device 26 can be mounted behind the heel (col. 15, ll. 1-6) and thus wherein the second reel based closure device (26) is mounted to a heel portion of the shoe.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the location of the closure device 26 to be in the heel portion of the shoe as such a modification is mere rearrangement of parts which would not modify the operation of the device and is a mere obvious matter of design choice (MPEP 2144.04(VI)(C)).
Regarding claim 18, Maravetz as modified describes the shoe of claim 12, wherein one end of the first lace or the second lace is fixed to a housing of the first reel based closure device (attached to closure 26, Fig. 8, closure 60, Fig. 9) or second reel based closure device, and wherein an opposite end of the first lace or the second lace is attached a spool of the first reel based closure device or second reel based closure device to enable tensioning of the first lace or the second lace.
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Regarding claim 19, Maravetz as modified describes the shoe of claim 12, wherein the first lace (forefoot member) does not contact or cross the second lace (heel member) as it is guided or directed about the first path along the shoe (they do not cross).
Regarding claim 20, Maravetz describes the shoe of claim 12, but does not explicitly describe wherein the second lace is routed from a heel portion of the shoe to a plurality of guides that are positioned on opposing sides of a tongue of the shoe.
Maravetz does describe that the closure device 26 can be mounted behind the heel (col. 15, ll. 1-6) and thus wherein the second reel based closure device (26) is mounted to a heel portion of the shoe and the second lace is routed from a heel portion of the shoe to a plurality of guides (40) that are positioned on opposing sides of a tongue of the shoe (are on opposing sides of the tongue).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the location of the closure device 26 to be in the heel portion of the shoe as such a modification is mere rearrangement of parts which would not modify the operation of the device and is a mere obvious matter of design choice (MPEP 2144.04(VI)(C)).
Regarding claim 21, Maravetz as modified describes the shoe of claim 20, wherein the second lace crosses itself along a midline of the shoe between the plurality of guides positioned on opposing sides of the tongue (see annotated Fig. 2 below).
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Claims 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maravetz et al. (US 6416074) as evidenced by Hammerslag et al. (US 20060156517), in view of Hammerslag et al. (US 20060156517).
Regarding claim 11, Maravetz as modified describes the shoe of claim 2, wherein the first reel based closure device or the second reel based closure device includes a knob (26) that is rotatable in a first direction to incrementally tighten the first lace or second lace (rotary closure device, col. 9, l. 14) and that is rotatable in a second direction to incrementally loosen the first lace or second lace (loosened, col. 14, ll. 12-14, additionally rotary closure device tighten and loosen by rotating about a spool).
Maravetz as modified does not explicitly describe wherein the knob is also configured to loosen the first lace or second lace by lifting or pressing the knob.
In related art for footwear with reel based closures, Hammerslag describes wherein the knob is also configured to loosen the first lace or second lace by lifting or pressing the knob (para. 0138, turning, lift, or pressing the knob).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the shoe of Maravetz to include the ability to lift or press the knob to loosen in order to permit a use to quickly untighten the boot (para. 0138).
Regarding claim 15, Maravetz as modified describes the shoe of claim 12, wherein the first reel based closure device or the second reel based closure device includes a knob (26) that is rotatable in a first direction to incrementally tighten the first lace or second lace (rotary closure device, col. 9, l. 14) and that is rotatable in a second direction to incrementally loosen the first lace or second lace (loosened, col. 14, ll. 12-14, additionally rotary closure device tighten and loosen by rotating about a spool).
Maravetz as modified does not explicitly describe wherein the knob is also configured to loosen the first lace or second lace by lifting or pressing the knob.
In related art for footwear with reel based closures, Hammerslag describes wherein the knob is also configured to loosen the first lace or second lace by lifting or pressing the knob (para. 0138, turning, lift, or pressing the knob).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the shoe of Maravetz to include the ability to lift or press the knob to loosen in order to permit a use to quickly untighten the boot (para. 0138).
Claims 2, 3, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuda et al. (US 20090230229) in view of Maravetz et al. (US 6416074).
Regarding claim 2, Yasuda describes a shoe comprising:
a sole;
an upper (flapper 907) that is attached to the sole (attached to shell 901 via bonding and thus attached to sole, para. 0062) and configured to fit around a foot of a wearer;
a second lace (wire 909) that is guided or directed about a second path along the shoe, the second lace being tensionable to cause a second portion of the shoe to tighten about a wearer's foot (footwear is secured, para. 0067); and
a second reel based closure device (adjusting unit 911) that is operably coupled with the second lace to effect tensioning of the second lace upon operation of the second reel based closure device (adjusts winding of the wire, para. 0066);
wherein the first portion of the shoe is different than the second portion of the shoe (see annotated Fig. 9).
Yasuda does not explicitly describe
a first lace that is guided or directed about a first path along the shoe, the first lace being tensionable to cause a first portion of the shoe to tighten about a wearer's foot;
a first reel based closure device that is operably coupled with the first lace to effect tensioning of the first lace upon operation of the first reel based closure device;
wherein the first lace does not overlap with the second lace along an entirety of the first path;
wherein the first reel based closure device is affixed to the upper and positioned on a first side of the shoe;
wherein the first lace is routed from the first reel based closure device and across a tongue of the shoe to a single guide positioned on a second side of the shoe opposite the first reel based closure device; and
wherein the first lace is routed from the single guide and across the tongue back to the first reel based closure device so that opposing ends of the first lace are coupled with the first reel based closure device.
In related art for footwear with adjustable tensioning, Maravetz describes
a first lace (tightening element 24, see annotated Fig. 12) that is guided or directed about a first path along the shoe, the first lace being tensionable to cause a first portion of the shoe to tighten about a wearer's foot;
a first reel based closure device (closure device 26) that is operably coupled with the first lace (24) to effect tensioning of the first lace upon operation of the first reel based closure device;
wherein the first lace does not overlap with the second lace along an entirety of the first path (as modified, the first lace is in the forefoot area and the second lace is in the heel/ankle area and do not overlap);
wherein the first reel based closure device is affixed to the upper and positioned on a first side of the shoe (“The closure device 26 need not be mounted to the strap body 22, but rather, can be mounted directly to the snowboard boot for each of the embodiments of the present invention discussed above.” (col. 12, ll. 55-58));
wherein the first lace (24) is routed from the first reel based closure device and across a tongue of the shoe to a single guide (guide 61) positioned on a second side of the shoe opposite the first reel based closure device; and
wherein the first lace is routed from the single guide and across the tongue back to the first reel based closure device so that opposing ends of the first lace are coupled with the first reel based closure device (see Fig. 9).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the footwear of Yasuda to include a separate forefoot closure device in order to permit tightening in the forefoot area of the footwear as desired by the user (col. 5, ll. 31-32, desired level of tightness, location, col. 10, ll. 16-24).
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Regarding claim 3, Yasuda as modified describes the shoe of claim 2, wherein the second reel based closure device is mounted to a heel portion of the shoe (is in the heel portion, see Fig. 9).
Regarding claim 6, Yasuda as modified describes the shoe of claim 3, wherein the first reel based closure device (as modified includes a strap in the forefoot area) is mounted adjacent a forefoot of the shoe (is in the forefoot portion).
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuda et al. (US 20090230229) in view of Maravetz et al. (US 6416074) and Martin et al. (US 20060196083).
Regarding claim 8, Yasuda as modified describes the shoe of claim 6, wherein the second lace is routed around a collar of the shoe (see Fig. 9 below).
Yasuda does not explicitly describe that the lace is under the upper.
In related art for footwear with tensioning laces, Martin describes the lace (266) is under the upper (cord keeper 269b).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the lace of Yasuda to pass under the upper as disclosed in Martin in order to protect the lace from possible entanglement with outside components.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
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