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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 11, 13-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Soldan (US 9039031 B2).
Regarding claim 1, Soldan discloses (column 11, line 65- column 14, line 3, figs.1-12) a front unit (1, figs.1-12) for a touring binding, which is to be mounted on a sliding board (2, figs.1-12) and has a mounting surface (base 46, figs.1-12) that points in the direction of a sliding board surface and defines a sliding board plane (E), the front unit (10) being adjustable between a downhill configuration (fig.12) and a climbing configuration (fig.11), comprising: a first holding device (retaining device 5) which is configured, in the downhill configuration of the front unit, to fix a front portion (front surface 321) of a sliding board boot (ski boot 3) to the touring binding for a descent, the first holding device being adjustable between an active position (fig.12) and a passive position (fig.11), and the first holding device being set into the active position in the downhill configuration of the front unit and being set into the passive position in the climbing configuration of the front unit (figs.11-12), and a second holding device (retaining device 4) which is configured to secure a toe portion of the sliding board boot, for ascent with the touring binding, in the climbing configuration of the front unit (figs.1-12), in such a way that the sliding board boot is pivotable about a hinge pin (A41a, A41b, Am) that is substantially in parallel with the sliding board plane (46) and substantially perpendicular to a sliding board longitudinal axis (longitudinal axis of gliding board 2), wherein the first holding device is arranged closer to the sliding board plane in the passive position than in the active position (figs.11-12).
Regarding claim 2, Soldan discloses wherein the first holding device is mounted on a base of the front unit so as to be pivotable about an axis of rotation which is substantially in parallel with the sliding board plane and is substantially perpendicular to the sliding board longitudinal axis (rotation axis A1 between retaining device 5 and base 46, fisg.11-12).
Regarding claim 3, Soldan discloses wherein the first holding device comprises two clamping jaws (clamping jaws 512a, 512b, figs.11-12) which have contact surfaces (mounting surfaces 5121a, 5121b, figs.11-12) which are configured to come into contact with a front portion of the sliding board boot in order to securely hold the sliding board boot when the front unit is set into the downhill configuration and the first holding device is set into the active position (figs.11-12).
Regarding claim 4, Soldan discloses wherein the second holding device is adjustable between an active position and a passive position and is set into the active position in the climbing configuration of the front unit and is set into the passive position in a starting configuration of the front unit (retaining device 4 in figures 11-12).
Regarding claim 5, Soldan discloses wherein the first holding device comprises a tread surface (tread surface 512s which is extended by support plate 6, figs.11-12) for a sole portion of the sliding board boot on its side facing away from the sliding board, the front unit is configured such that, by stepping onto the tread surface of the first holding device with the sole portion of the sliding board boot, the first holding device is adjusted from the active position to the passive position, and/or the second holding device is adjusted from the passive position into the active position (stepping on the surface 512s adjusts the position of the retaining device 5 into the passive position, figs.11-12).
Regarding claim 6, Soldan discloses wherein the second holding device comprises two arms (arms 42a) which are pivotably (axes 43a, 43b) mounted on a base of the front unit and have holding means (retaining means 41a, 41b) which are configured to pivotally hold the sliding board boot in the climbing configuration of the front unit (figs.11), an opening angle of the arms of the second holding device relative to one another in a starting configuration of the front unit is greater than in the downhill configuration of the front unit and/or the climbing configuration of the front unit (the opening angle of the arms is greater in figure 11 than in figure 12).
Regarding claim 7, Soldan discloses wherein the two arms of the second holding device are mounted on the base of the front unit so as to be pivotable about hinge pins (axes 43a, 43b, figs.11-12) that are substantially in parallel with the sliding board longitudinal axis (fig.11) or about hinge pins that are substantially in parallel with the sliding board plane and substantially perpendicular to the sliding board longitudinal axis.
Regarding claim 8, Soldan discloses wherein the first holding device is arranged further back, in a direction of travel in parallel with the sliding board longitudinal axis, than the second holding device (retaining device 5 is further back than the retaining device 4, fig.11).
Regarding claim 9, Soldan discloses further comprising: a lever assembly (lever 47, figs.11-12) which comprises an opening lever (47) which has an actuating portion (end of lever 47), and a deflection mechanism (deflection mechanism attached to the lever 47 as seen in figure 11 and attached figure below), wherein the opening lever is adjustable by means of the actuating portion between a downhill position, a starting position, and a climbing position (lever 47, figs.11-12), and wherein the lever assembly is configured to adjust the front unit between the downhill configuration, a starting configuration, and the climbing configuration by means of an adjustment of the opening lever between the downhill position, the starting position and the climbing position (adjustment of lever 47 adjusts the front unit 1 between the different positions, figs.11-12).
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Regarding claim 11, Soldan discloses wherein the lever assembly is further configured to block the first holding device in the active position, in the downhill position of the opening lever (lever 47, figs.11-12).
Regarding claim 13, Soldan discloses wherein the first holding device (20) comprises a release mechanism (spring 45 serve as a release mechanism for retaining devices 5 and 4) having at least one resilient element, the release mechanism being configured to bias the first holding device into a holding position in which the first holding device securely holds the front portion of the sliding board boot (figs.11-12), and, when a predetermined release force acting on the first holding device is exceeded, to bring the first holding device into a release position in which the front portion of the sliding board boot is released (figs.11-12).
Regarding claim 14, Soldan discloses wherein the second holding device comprises a clamping mechanism having at least one resilient element (elastic mechanism 45, fig.11), the clamping mechanism being configured to bias the second holding device (4) into the active position and/or into the passive position (figs.11-12).
Regarding claim 15, Soldan discloses further comprising: a tread portion (movable element 51 and support plate 6, figs.11-12) having a tread plate (upper surface 512s, figs.11-12) for a sole portion of the sliding board boot, wherein the tread portion is mounted on a base of the front unit or on the sliding board and is configured to support the sole portion of the sliding board boot on the tread plate at a predetermined height above the sliding board plane (figs.11-12).
Regarding claim 16, Soldan discloses wherein the tread plate is height-adjustable in such a way that a distance between the tread plate and the sliding board plane can be changed (movable element 51 can move up and downward, figs.11-12).
Regarding claim 17, Regarding claim 1, Soldan discloses (column 11, line 65- column 14, line 3, figs.1-12) a touring binding (touring binding, column 1, lines 18-30) comprising: a heel unit (heel-piece, column 1 lines 31-34 and 47-54); and a front unit (1, figs.1-12) for a touring binding, which is to be mounted on a sliding board (2, figs.1-12) and has a mounting surface (base 46, figs.1-12) that points in the direction of a sliding board surface and defines a sliding board plane (E), the front unit (10) being adjustable between a downhill configuration (fig.12) and a climbing configuration (fig.11), comprising: a first holding device (retaining device 5) which is configured, in the downhill configuration of the front unit, to fix a front portion (front surface 321) of a sliding board boot (ski boot 3) to the touring binding for a descent, the first holding device being adjustable between an active position (fig.12) and a passive position (fig.11), and the first holding device being set into the active position in the downhill configuration of the front unit and being set into the passive position in the climbing configuration of the front unit (figs.11-12), and a second holding device (retaining device 4) which is configured to secure a toe portion of the sliding board boot, for ascent with the touring binding, in the climbing configuration of the front unit (figs.1-12), in such a way that the sliding board boot is pivotable about a hinge pin (A41a, A41b, Am) that is substantially in parallel with the sliding board plane (46) and substantially perpendicular to a sliding board longitudinal axis (longitudinal axis of gliding board 2), wherein the first holding device is arranged closer to the sliding board plane in the passive position than in the active position (figs.11-12).
Regarding claim 18, Soldan discloses further comprising a brake assembly (brake of heel-piece, column 7, lines 28-36).
Regarding claim 20, Soldan discloses wherein the tread plate is configure to move in a direction that is substantially in parallel with the sliding board plane and substantially perpendicular to the sliding board longitudinal axis, in case of a lateral release of the first holding device (moveable element 51 with upper surface 512s is movable, figs.11-12).
Claim Rejections - 35 USC § 103
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.
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soldan (US 9039031 B2) in view of In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777.
Regarding claim 10, Soldan discloses wherein the opening lever is pivotably mounted about a swivel pin (pivot axis of lever 47 as seen in figures 11-12). Soldan fails to disclose wherein the pivot angle of the opening lever is at least approximately 90 degrees.
However, In Gardner v. TEC Syst. discloses where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the lever have a pivot angle of at least 90 degrees to have sufficient clamping force and help prevent the lever from accidentally switching positions.
Regarding claim 19, Soldan discloses wherein the opening lever is pivotably mounted about a swivel pin (pivot axis of lever 47 as seen in figures 11-12). Soldan fails to disclose wherein the pivot angle of the opening lever is at least approximately 150 degrees.
However, In Gardner v. TEC Syst. discloses where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the lever have a pivot angle of at least 150 degrees to have sufficient clamping force and help prevent the lever from accidentally switching positions.
Allowable Subject Matter
Claim 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 12 depends upon claim 9 which is rejected, but claim 12 has the limitation of “wherein the deflection mechanism (62) comprises: a locking lever (66), which is in particular formed in one piece with the opening lever (60) or is immovable relative to the opening lever (60), and an adjusting lever (64) which is connected to the opening lever (60) and/or the locking lever (66) and which is configured to transmit an adjusting movement of the opening lever (60) to the second holding device (40) in order to effect a movement of the arms (42a, 42b) of the second holding device (40) relative to one another, in particular to modify the opening angle of the arms (42a, 42b),one end of the locking lever (66) having a latching portion (68) which is configured to engage with a complementary latching portion (18) provided on a base (12) of the front unit (10) in the climbing position of the opening lever (60), in order to lock the second holding device (40) in the active position, in the climbing position of the front unit (10), and the opening lever (60) being pivotably mounted about a swivel pin (H) in such a way that the latching portion (68) is able to pivot in front of and behind the complementary latching portion (18) in relation to a direction (x) in parallel with the sliding board longitudinal axis (L).” The primary reference of Soldan does not disclose the limitations in claim 12. Other prior art references such as Miller (US 11110338 B1), Bartl (US 20200122016 A1 / US 11173381 B2), Ibach (US 20190344153 A1), and Lehner (US 8544869 B2) disclose touring bindings with a front lever assembly but also do not teach the limitations in claim 12. The prior art either alone or in combination do not teach or fairly suggest all of the limitations of claim 12. Claim 12 has allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art not relied upon but considered pertinent to the applicant’s disclosure is included in the 892 form. The art included has features related to claim limitations, the general structural of the invention, teachings, and other analogous art to the invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IAN BRYCE SHELTON whose telephone number is (571)272-6501. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/IAN BRYCE SHELTON/Examiner, Art Unit 3613