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 .
Election/Restrictions
Applicant’s election of species IV and sub-species C (claims 1 and 3-7) in the reply filed on 2/28/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Note that claims 2 and 8-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Information Disclosure Statement
Within the applicant’s IDS, dated 2/19/2024, the applicant included US publication number “20020008724” to “RUNGE”. This publication has not been considered and is marked-out within the annotated IDS because the inventor “RUNGE’ does not correspond to the provided publication number. It appears that the applicant meant to recite the US publication number “2002/0008124” which has been included on the examiner’s attached PTO-892.
Claim Objections
Claim 1 is objected to because of the following informalities:
Within lines 5-6 of claim 1, please replace both occurrences of “U shaped” with “U-shaped”.
Within line 15 of claim 1, please remove the comma after “and”.
Appropriate correction is required.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WOLF (US 455,083).
Regarding claim 1, WOLF discloses a shoe donning aid comprising: a shoe horn having an internal horn wall (A), an external horn wall (b) and a top portion (B) coupled therebetween to define in cross-section a downwardly opening U-shaped form (note that A and b are connected together at the tops thereof and thus define a U-shape cross-section as shown in figure 1) (Fig. 1), the U shaped being dimensioned to be capable of functioning to at least partially receive therein a shoe counter (back portion) of a shoe (Fig.3) (page 2, line 91 – page 3, line 16); a latching mechanism (L; particularly, the fulcrum-clutch l thereof) coupled to the shoe horn and disposed below the top portion (note apex of B), the latching mechanism being selectively transitionable between a latched state and a released state (Fig. 1); the latching mechanism (L; particularly, the fulcrum-clutch l thereof) having at least one horn contact point (note contact point of l as showing in figure 3) disposed to functionally impart a forwardly directed force to press the shoe counter directly when the latching mechanism is in the latched state, and to reduce the forwardly directed force responsive to the latching mechanism transitioning to the released state (Figures 1 and 3); and an anchor point (note extension of L and upturned curve c of L) coupled to the latching mechanism or formed therein, wherein a force exerted on the anchor point transitions the latching mechanism from the latched state to the released state (Figures 1 and 3).
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) 3-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WOLF (US 455,083) in view of WOLF (US 466,643).
Regarding claims 3-4 and 7, WOLF ‘083 discloses a shoe donning aid as discussed above wherein the latching mechanism further comprises a rocker arm (L) hingedly coupled (at w) to the shoe horn at a hinge point (w), the at least one horn contact point (contact point of l as showing in figure 3) being coupled to the rocker arm (L) or formed thereby (Figures 1 and 3). However, WOLF ‘083 fails to disclose a spring disposed to urge the horn contact point forwardly to impart the forwardly directed force. Clamp-type latching mechanisms, which include a spring, are considered old and known in the art for their ease of use wherein the spring provides a constant mechanical force that reduces strain on a user. WOLF ‘643 discloses a shoe donning aid including a latching mechanism wherein the latching mechanism comprises a rocker arm (B, E) hingedly coupled (at F) to the shoe horn at a hinge point (F) wherein a spring (G; “indirectly” coupled to horn contact point “D”) is disposed to urge a horn contact point (at D) forwardly to impart a forwardly directed force (Fig. 1). The rocker arm (B, E) of WOLF ‘643 comprises a rocker top portion (E) and a rocker bottom portion (B) separated by the hinge point (F), the horn contact point (at D) being coupled to the bottom portion (B) or formed by a portion thereof, and an anchor point (distal end portion of E) being disposed in the top portion or coupled thereto, wherein a forward force exerted on the anchor point is functionally capable of acting to counter the spring (G) and thus reduce the forwardly directed force, thus transition the latching mechanism to a released state (Fig. 1). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have incorporated the latching mechanism of WOLF ‘083 into clamp-type latching mechanism including a spring, in light of the teachings of WOLF ‘643, in order to provide a shoe donning device that is easy to use and doesn’t put unneeded strain on a user.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over WOLF (US 455,083) in view of WOLF (US 466,643) and in further view of RUNGE (US 2002/0008124 A1).
Regarding claims 5, WOLF ‘083 in view of WOLF ‘643 teaches a shoe donning aid as discussed above. However, WOLF ‘083 in view of WOLF ‘643 fails to disclose a lanyard coupled to the anchor point. RUNGE discloses a shoe donning aid comprising a lanyard (8, 9) coupled to an anchor point (1, 7) wherein the lanyard is routed through a lanyard passage (6) formed in the shoe donning aid in order to help a user remove the shoe donning aid from the shoe after use (Figures 1-3). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the shoe donning aid of WOLF ‘083 in view of WOLF ‘643 with a lanyard coupled to the anchor point thereof, in light of the teachings of RUNGE, in order to help a user remove the shoe donning aid from the shoe after use.
Regarding claim 6, note that WOLF ‘083 discloses the anchor point (extension of L and/or c of L) (wherein the lanyard is to be coupled) being located below the apex of the top portion (B) (Fig. 1). Additionally, note that the recitation that “wherein operationally, the lanyard exits the shoe donning aid rearwardly of the shoe counter” is relating a direction of the lanyard to the functional use of the shoe donning aid. Note that the shoe donning aid of WOLF ‘083 in view of WOLF ‘643 and in further view of RUNGE can be functionally turned in any direction in relation to a shoe or shoe counter. Accordingly, WOLF ‘083 in view of WOLF ‘643 and in further view of RUNGE teaches wherein operationally (functionally capable), the lanyard exists the shoe donning aid rearwardly of the shoe counter and below the top portion.
Conclusion
The prior art made of record, as cited on attached PTO-892, and not relied upon is considered pertinent to applicant's disclosure. Note that both US 1,523,850 and US 206,249 disclose a shoe donning aid comprising a shoe horn and a latching mechanism wherein the shoe horn includes an internal horn wall and an external horn wall.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
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NED
/NATHAN E DURHAM/Primary Examiner, Art Unit 3732