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 .
DETAILED ACTION
Claims 1 – 15 have been examined.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3 – 4, and 9 – 11 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Sedlmair (4,930,802). In regard to claim 1, Sedlmair discloses a toe unit for engaging a footwear toe of a footwear to releasably fasten the footwear toe to a snow travel aid, the toe unit comprising a base for mounting on the snow travel aid (Figs. 1 and 2, item 1), a slider slidably mounted on the base, the slider operably configured to resiliently slide laterally upon the base and away from a central position in response to a lateral force (Figs. 1 – 3, item 4), opposable jaws mounted on the slider, wherein the jaws are moveable between an open and a closed position to releasably engage respective sides of the footwear toe in the closed position in order to fasten the footwear toe to the snow travel aid and to permit pivotal movement of the footwear about an axis intersecting the jaws (Figs. 1 and 2, items 12 and 13), wherein opposable jaws are operably configured to move from the closed position to the open position in response to torque generated by rotation of the footwear about the footwear toe and independent of displacement of the slider from the central position (column 3, lines 34 - 61).
In regard to claim 3, Sedlmair discloses slider biasing means for biasing the slider toward the central position in response to the lateral force (Figs. 1 and 2, items 16 – 18).
In regard to claim 4, Sedlmair discloses wherein the slider biasing means comprises a positioner, the positioner comprising one or more resilient members positioned in the base generally perpendicular to a forward face of the slider (Figs. 1 and 2, item 16).
In regard to claim 9, Sedlmair discloses wherein the one or more resilient elements is adjustable to adjust the force necessary to displace the slider from the central position (Figs. 1 and 2, item 18).
In regard to claim 10, Sedlmair discloses wherein the base comprises one or more lateral limiters for limiting a maximum displacement of the slider from the central position (Figs. 2 – 4, item 43).
In regard to claim 11, Sedlmair discloses wherein the one or more lateral limiters comprise opposing stoppers configured to abut the slider to limit lateral movement (Figs. 2 – 4, right and left lobes of item 43).
Claims 1 – 3 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Rullier et al. (9,155,956), cited by Applicant. In regard to claim 1, Rullier discloses a toe unit for engaging a footwear toe of a footwear to releasably fasten the footwear toe to a snow travel aid, the toe unit comprising a base for mounting on the snow travel aid (Figs. 1 and 2, item 11), a slider slidably mounted on the base, the slider operably configured to resiliently slide laterally upon the base and away from a central position in response to a lateral force (Figs. 1 and 2, item 12), opposable jaws mounted on the slider, wherein the jaws are moveable between an open and a closed position to releasably engage respective sides of the footwear toe in the closed position in order to fasten the footwear toe to the snow travel aid and to permit pivotal movement of the footwear about an axis intersecting the jaws (Figs. 1 and 2, items 13d and 13g), wherein opposable jaws are operably configured to move from the closed position to the open position in response to torque generated by rotation of the footwear about the footwear toe and independent of displacement of the slider from the central position (column 8, line 60 – column 9, line 10).
In regard to claim 2, Rullier discloses wherein the slider is operably configured to slide laterally upon the base and away from the central position along an arc curving rearward and having an apex at the central position (Figs. 4 and 14).
In regard to claim 3, Rullier discloses slider biasing means for biasing the slider toward the central position in response to the lateral force (Figs. 7 and 16, item 21).
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Rullier et al. (9,155,956) as applied to claims 1 – 3 above, and further in view of Applicant’s Admitted Prior Art (AAPA). Sedlmair does not disclose the specifics of a heel unit. In regard to claim 15, AAPA discloses a heel unit comprising a rotating heel (Figs. 1B and 2B, item 6).
The addition of these features would result in a predictable variation that one of ordinary skill in the art would recognize as no more than the predictable use of prior art elements according to their established functions, which has been held unpatentable under 35 U.S.C. 103(a), absent evidence that the modifications necessary to affect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art. Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BAPI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Allowable Subject Matter
Claims 5 – 8 and 12 – 14 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Rullier et al. (9,155,956) discloses a toe unit similar to the instant invention; however Rullier, either alone or in combination, neither discloses nor suggests a toe unit wherein (in regard to claim 5) the one or more resilient members comprises one or more compression springs, (in regard to claim 6) wherein the positioner comprises a positioner follower connected to the one or more resilient members for engaging a forward cam surface on a forward face of the slider to bias the slider toward the central position, and (in regard to claim 12) a displacement indicator operably configured to indicate an extent of lateral displacement of the slider from the central position, wherein the displacement indicator comprises an indicator follower moveable along a longitudinal axis, and the slider comprises a rear face comprising a rear cam surface operably configured to engage a first end of the indicator follower, wherein the indicator follower is moveable from a first position proximal to the rear cam surface toward a second position distal to the rear cam surface in response to lateral movement of the slider to indicate the extent of lateral displacement of the slider from the central position. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Richert et al. (4,336,956) disclose a safety tow unit for a ski binding;
Sedlmair et al. (4,660,849) disclose a toe piece for a safety ski-binding;
Moore et al. (8,439,389) disclose a tow unit for alpine touring binding;
Convert (8,746,729) discloses a tow piece for a gliding apparatus;
Soldan et al. (9,039,031) disclose a front retaining device for a gliding board;
Ibach et al. (9,526,973) disclose a ski binding automatic front unit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613