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.
Drawings
The drawings are objected to because it does not appear that drawings were submitted that were not an integral part of other documents. Please provide a separate set of figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4 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 4 includes a limitation including the word “preferably.” This renders the claim indefinite, as it is unclear if the limitation is required or optional. Appropriate correction is required.
Claim 5 recites the limitation "the first and second side planes" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the first side plane" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the second side plane" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the recess form-fitting means" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the recess form-fitting means" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the cut-outs" in line 7. There is insufficient antecedent basis for this limitation in the claim.
With the large number of 112(b) issues, Applicant is requested to review and correct all claim language to ensure proper antecedent basis for all claim limitations and conformity to current statutory requirements.
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 – 11 and 13 – 15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Fask et al. (6,761,363), cited by Applicant. In regard to claim 1, Fask discloses a skate blade comprising a steel frame (Fig. 2, item 12), wherein the steel frame comprises at least one stability element (Fig. 2, portions of 18a between items 34) and at least one recess formed by the at least one stability element (Fig. 2, items 34), at least one insert element arranged in the at least one recess (Figs. 1 and 8, item 14), and blade holder elements (Fig. 2, items 30), wherein the steel frame extends over a blade length horizontally along a longitudinal axis between a first end and a second end, and wherein the blade length includes a front section, a midsection and a rear section (Fig. 2), wherein the steel frame has a first side surface and a second side surface, the first and second side surfaces opposing each other and defining a blade thickness extending therebetween (Fig. 2), wherein the steel frame has a blade height which extends vertically along a vertical axis over a bottom chord and an upper chord, and wherein the bottom chord comprises a steel frame bottom side and the upper chord comprises a steel frame upper side (Fig. 2), wherein the at least one recess formed by the at least one stability element is located between the bottom chord and the upper chord (Fig. 2).
In regard to claim 2, Fask discloses wherein the stability element comprises at least one of a partition wall and struts (Fig. 2).
In regard to claim 3, Fask discloses wherein the partition wall is a plane-parallel partition wall (Figs. 2 and 4).
In regard to claim 4, Fask discloses wherein the first side surface and the second side surface of the steel frame are arranged parallel to each other and each define a first side plane and a second side plane, wherein the partition wall is arranged parallel between the first and the second side plane, and the at least one recess formed by the partition wall is located in each case between the first and/or second side plane and the partition wall, wherein the respective distance between the first side plane and the partition wall and/or the second side plane and the partition wall defines the transverse depth of the at least one recess, wherein the transverse depth is preferably an equidistant transverse depth (Figs. 2 and 5).
In regard to claim 5, Fask discloses wherein the at least one recesses of the first and second side planes are mutually symmetrical (Fig. 3, wherein recesses 34 are symmetrical about the centerline 5-5).
In regard to claim 6, Fask discloses wherein one strut is arranged between the front section and the midsection and another strut is arranged between the midsection and the rear section (Fig. 2).
In regard to claim 7, Fask discloses wherein recess form-fitting means are arranged on the steel frame (Figs. 6 and 8, outer circumference of items 34).
In regard to claim 8, Fask discloses wherein the at least one insert element completely fills the at least one recess (Fig. 8).
In regard to claim 9, Fask discloses wherein the at least one insert element is aligned in a plane with the first side plane and/or the second side plane (Fig. 8).
In regard to claim 10, Fask discloses wherein the at least one insert elements comprises insert form-fitting means and corresponds positively with the recess form fitting means (Fig. 8, surface of item 14 in contact with the outer circumference of items 34).
In regard to claim 11, Fask discloses wherein the steel frame includes cut-outs on the steel frame upper side (Fig. 2, item 30).
In regard to claim 13, Fask discloses providing a steel frame which has a blade length, a blade thickness, and a blade height, at least one recess formed by the stability element being located between the bottom chord and the upper chord of the steel frame (Fig. 2, item 12), attaching at least one of the recess form-fitting means to the at least one recess and the cut-outs to the steel frame upper side (Fig. 8), and inserting insert elements into the recesses (Fig. 8).
In regard to claim 14, Fask discloses wherein the insert elements are inserted into the recess under pressure using an injection molding process (column 7, lines 53 – 67).
In regard to claim 15, Fask discloses wherein the insert elements are inserted into the recesses in an adhesive bonding manner using an adhesive process and/or are pressed into the recesses in a force-fit manner (column 7, lines 53 – 67, wherein an injection molding process uses molten polymeric material, which would adhesively bond to the steel frame and an injection molding process is done under pressure, i.e. pressed by force).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fask et al. (6,761,363) as applied to claims 1 – 11 and 13 – 15 above. Fask does not disclose the recesses occupying between 20% and 80% of the total area of the skate blade. In regard to claim 12, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide recesses totaling between 20% and 80% of the skate blade area, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Koyess et al. (8,844,945) disclose an ice skate runner;
Dahlo (9,433,851) discloses a double-edged skate blade assembly and holder;
Chartrand et al. (10,188,934) disclose an ice skate and runner.
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).
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, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN D WALTERS/Primary Examiner, Art Unit 3613