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 .
Response to Amendment
The proposed reply filed on 08/25/2026 has been entered. Claims 16-28 and 30-35 are currently pending.
Drawings
The drawings were received on 08/25/2026. These drawings are acceptable.
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 (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 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.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/0137389 (Kim hereinafter) in view of US 9669123 (Levsen hereinafter).
Regarding claim 16, Kim teaches a shoe care device (Figures 1-3) that discloses an inner cabinet configured to accommodate shoes therein (inner cabinet being the spaces 12d/e within the main cabinet 10 as seen in Figures 1-3); an opening configured to suck air from inside the inner cabinet (Opening at 31 in Figure 3); a nozzle duct located inside the inner cabinet (Nozzle duct 50/60), the nozzle duct defining a passage for the air (Evident from Figure 3 with the air passage within 50); a nozzle coupled to an end of the nozzle duct, the nozzle being configured to be inserted into the shoes inside the inner cabinet (Nozzle 51/52 of assembly 50 seen in Figures 2 and 4), the nozzle having a lower discharge port opened downward to inject the air into the shoes (Lower discharge 51a/52a); a connection path extending from the opening to the nozzle (Connection path from 31 all the way through to 51a/52a); a blower located in the connection path (Blower 44), the blower being configured to move the air from the opening to the nozzle along the connection path (Inherent operation of a blower in the shown position of Figure 3); and a dehumidifier located in the connection path, the dehumidifier being configured to dehumidify the air in the connection path (Dehumidifier formed by the heat exchanger 47 as seen in Figure 3).
Kim is silent with respect to the nozzle duct having an upper discharge port open upward, the upper discharge port being located inside the inner cabinet and configured to discharge the air into the inner cabinet.
However, Levsen teaches a shoe treatment cabinet that discloses a nozzle duct having an upper discharge port open upward (Figure 4 shows the equivalent nozzle duct 92/96 within the inner cabinet 56), the upper discharge port being located inside the inner cabinet and configured to discharge the air into the inner cabinet (Discharge at openings 102 on both a top and bottom side of the nozzle duct).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the nozzle duct of Kim with the upper discharge openings of Levsen to further increase in the area treated within the shoe.
Regarding claim 17, Kim’s modified teachings are described above in claim 16 where Kim further discloses a steam generator configured to supply steam to the inner cabinet (Kim states “The shoe manager may further include a water supply tank (not shown), a steam generator (not shown), and a steam injection device (not shown). The water supply container may be disposed at the lower portion of the shoe care room 30 . Water from the water supply tank may be supplied to a steam generator and used to form steam. The water supply tank may be installed detachably from the body to facilitate water replenishment.”).
Claims 18, 24, 25, and 30-35 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/137389 (Kim) in view of US 9669123 (Levsen) and further in view of US 5755040 (Ou hereinafter).
Regarding claim 18, Kim’s teachings are described above in claim 16 where Kim is silent with respect to a shelf holder located on a side wall of the inner cabinet, the shelf holder being located at a height between the upper discharge port and the lower discharge port when the nozzle duct extends horizontally; and an auxiliary shelf, the auxiliary shelf being detachably supported on the shelf holder.
However, Ou teaches a drying cabinet (Figure 1) that discloses a shelf holder located on a side wall of the inner cabinet (Figures 1 and 2 with the mount/holder for shelves 17), the shelf holder being located at a height at a nozzle (Figures 1 and 2 show 17 being between duct apertures 161 for allowing hot air to enter the cabinet) and an auxiliary shelf, the auxiliary shelf being detachably supported on the shelf holder (Shelf 17 seen in Figures 1 and 2). The resultant combination would be such that the shelf holder is located at a height between the upper discharge port and the lower discharge port when the nozzle duct extends horizontally (Placing 17 of Ou at this location of Kim).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the drying cabinet of Kim with the auxiliary shelves of Ou to allow for additional items to be treated in the drying cabinet.
Regarding claim 24, Kim’s modified teachings are described above in claim 18 where the combination of Kim, Levsen, and Ou would further disclose that the shelf holder is provided as a pair of shelf holders located opposite each other in the inner cabinet (Figures 1 and 2 of Ou shows two sets of shelves).
Regarding claim 25, Kim’s modified teachings are described above in claim 18 where the combination of Kim, Levsen, and Ou would further disclose that the nozzle comprises a pair of nozzles coupled to an end of the nozzle duct, the pair of nozzles being branched from the nozzle duct (Nozzles 51a/52a of Kim in Figures 4 and 5).
Regarding claim 30, Kim’s modified teachings are described above in claim 18 where the combination of Kim, Levsen, and Ou would further disclose that the inner cabinet, the nozzle duct and the nozzle are provided as a plurality of inner cabinets (Internal cabinets shown in Figure 2 of Kim), a plurality of nozzle ducts and a plurality of nozzles, respectively, such that each inner cabinet has a corresponding nozzle duct and a corresponding nozzle (Evident from Figure 2 of Kim).
Regarding claim 31, Kim’s modified teachings are described above in claim 30 where the combination of Kim, Levsen, and Ou would further disclose that an installation height of a corresponding one of the nozzle ducts is different than an installation height of another corresponding one of the nozzle ducts (Evident from Figure 2 of Kim).
Regarding claim 32, Kim’s modified teachings are described above in claim 30 where the combination of Kim, Levsen, and Ou would further disclose that the shelf holder and the auxiliary shelf are provided as a plurality of shelf holders and a plurality of auxiliary shelves such that each inner cabinet has a corresponding shelf holder and a corresponding auxiliary shelf (Resultant combination for each inner cabinet of Kim as seen in Figure 2 would have an shelf as taught by Ou).
Regarding claim 33, Kim’s modified teachings are described above in claim 18 where the combination of Kim, Levsen, and Ou would further disclose a door configured to open and close the inner cabinet, the door having an accommodation groove configured to receive the auxiliary shelf when the auxiliary shelf is not supported by the shelf holder (Door 20 of Kim as seen in Figure 2 with grooves for each inner cabinet).
Regarding claim 34, Kim’s modified teachings are described above in claim 18 where the combination of Kim, Levsen, and Ou would further disclose a main shelf located at a bottom wall of the inner cabinet (Main shelf of Kim being the level featuring the opening 31).
Regarding claim 35, Kim’s modified teachings are described above in claim 34 where the combination of Kim, Levsen, and Ou would further disclose that the opening is provided in an upper surface of the main shelf (Evident from Figure 3 of Kim).
Claims 19, 20, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/137389 (Kim) in view of US 9669123 (Levsen) in view of US 5755040 (Ou) and further in view of US 10197332 (Hinkey hereinafter).
Regarding claim 19, Kim’s modified teachings are described above in claim 18 but are silent with respect that the nozzle duct is coupled to the inner cabinet by a hinge.
However, Hinkey teaches a drying assembly for insertion to items that discloses placing a nozzle on a hinge (Figures 3/3A with projection 16 an nozzle providing the airflow 18 with the hinging motion shown between Figures 3 and 4). The resultant combination would place the nozzle unit 50 of Kim on a hinge.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the nozzle of Kim with the hinged base taught by Hinkey to allow for easy storage and movement of the nozzle when attempting to the size of an item while being easily storable.
Regarding claim 20, Kim’s modified teachings are described above in claim 19 where the combination of Kim, Levsen, Ou, and Hinkey would further disclose that the nozzle duct extends forward from a rear wall of the inner cabinet (Evident from Figures 1-3 of Kim).
Regarding claim 26, Kim’s modified teachings are described above in claim 18 but are silent with respect that the nozzle is coupled to the nizzle duct a hinge.
However, Hinkey teaches a drying assembly for insertion to items that discloses placing a nozzle on a hinge (Figures 3/3A with projection 16 an nozzle providing the airflow 18 with the hinging motion shown between Figures 3 and 4). The resultant combination would place the unit 50 of Kim on a hinge and therefore teach that the nozzle is coupled to the nizzle duct a hinge.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the nozzle of Kim with the hinged base taught by Hinkey to allow for easy storage and movement of the nozzle when attempting to the size of an item while being easily storable.
Claim 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/137389 (Kim) in view of US 9669123 (Levsen) in view of US 5755040 (Ou) in view of US 10197332 (Hinkey) and further in view of US 2446234 Lieber hereinafter).
Regarding claim 27, Kim’s modified teachings are described above in claim 26 where the combination of Kim, Levsen, Ou, and Hinkey would further disclose that the nozzle comprises: a nozzle body (Nozzle body 58/56/55 of Kim in Figure 4), the nozzle body being coupled to the nozzle duct by the hinge (Resultant combination of Kim and Hinkey in the rejection of claim 26 above).
Kim is silent with respect to a nozzle protrusion protruding downward from the nozzle body, the lower discharge port being located at an end of nozzle protrusion.
However, Lieber teaches a shoe refreshing system that discloses a nozzle featuring a nozzle protrusion protruding downward from the nozzle body (Equivalent nozzle at 36 with the body 34 being the protrusion portion), the lower discharge port being located at an end of nozzle protrusion (Resultant combination when 34 of Lieber is added to the end of 50 of Kim).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the nozzle of Kim with the protrusion of Lieber to assist in retaining the shoe.
Regarding claim 28, Kim’s modified teachings are described above in claim 26 where the combination of Kim, Ou, Hinkey, and Liber are silent with respect that an upper surface of the nozzle body corresponds to a lower surface of the auxiliary shelf.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an upper surface of the nozzle body corresponds to a lower surface of the auxiliary shelf, since it has been held that rearranging parts of an invention only involves routine skill in the art. In re Japikse, 86 USPQ 70.
Response to Arguments
Applicant’s arguments with respect to claims 16-20, 24-28, and 30-35 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 21-23 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.
Claim 21 recites “wherein the auxiliary shelf has a cutout having a width corresponding to an outer width of the nozzle duct, and wherein the nozzle duct extends through the cutout when the auxiliary shelf is supported on the shelf holder.” The additional structure now required by the auxiliary shelf would require modifying already modifying references and this possible combination would not have been obvious to the Examiner. For at least this reason, dependent claim 21 and further dependent claims 22-23 are objected to for being allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 102166463 discloses a hinged connection for a shoe dryer in Figure 5.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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, MICHAEL HOANG can be reached at (571) 272-6460. 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.
/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
Prosecution Insights