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 .
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.
Claim(s) 1-13, 15, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerber (U.S. 2013/0312293, as cited by Applicant).
As for Claim 1, Gerber discloses a sports shoe comprising:
an opening (130) defined by a first side and a second side (16 and 18), the opening permitting a foot to be placed in or withdrawn from the sports shoe (see para [0027]);
a closure device (150) comprising a lace (152) and an actuating member (160) wherein the lace extends between the first side and the second side of the sports shoe (see Figs. 1-2) to selectively adjust the size of said opening; the lace being operatively connected to the actuating member so that an incremental actuation of the actuating member causes the tightening or the loosening of the lace (see para [0030-0031]);
a support device (300) for the actuating member, the support device being provided with a base (354) to which the actuating member is coupled (see Fig. 4);
characterized in that at least one protecting wall (352/356) extends upwards from the base and encircles at least partially the actuating member (see Figs. 6-9).
2. (Currently Amended): The sports shoe according to claim 1, characterized in that said at least one protecting wall is arranged on a peripheral portion of the base (see Fig. 9), the actuating member being fixed at a seat (seat that defines 320, see also Fig. 9) provided in a central portion of the base.
3. (Currently Amended): The sports shoe according to claim, characterized in that said at least one protecting wall projects outwardly from the base to a height which is greater than a thickness of the
actuating member (see Figs. 9-10 disclosing 356 extending further than 160, see also surface 902 of 160 in comparison to distal end of 356).
4. (Currently Amended): The sports shoe according to claim 1, characterized in that a perimetral surface of the actuating member is spaced apart by a distance (distance from outer surface of 160 to interior surface of 356) from a facing portion (interior walls of 356) of the at least one protecting wall.
5. (Currently Amended): The sports shoe according to claim 1, characterized in that said at least one protecting wall is provided with at least one tunnel-like seat (see Fig. 2 and para [0031], disclosing housing for 153) for the lace.
6. (Currently Amended): The sports shoe according to claim 1, characterized in that the base and the at least one protection wall are integral to each other (see Fig. 4).
7. (Currently Amended): The sports shoe according to claim 1, characterized in that the at least one protecting wall is split in more than one portion which are separated by division cuts (see Fig. 7 disclosing 352 and 356).
8. (Currently Amended): The sports shoe according to claim 1, characterized in that the base is provided with a perimetral aperture (320); said perimetral aperture defining a cantilever portion (302/304) in the base suitable for implementing a spring effect when the base undergoes a transversal force.
9. (Currently Amended): The sports shoe according to claim 1, characterized in that at least one portion of said at least one protecting wall has a hollow profile (see Figs. 7-9 disclosing the hollow profile of 352 and 356).
10. (Currently Amended): The sports shoe according to claim 18, characterized in that said at least one portion of the at least one protecting wall having a hollow profile is arranged at the perimetral aperture of the base profile (see Figs. 7-9 disclosing the hollow profile of 352 and 356).
11. (Currently Amended): The sports shoe according to claim 1, characterized in that the base is provided with a planar perimetral insert (356) configured to be joined to the base in abutting relationship such that the top surface of the insert substantially lies on the same plane of the base (see Fig.8 and para [0047]).
12. (Currently Amended): The sports shoe according to claim 11, characterized in that the planar perimetral insert is provided with at least one recess configured to define an aperture (aperture of 352 defined by walls of 356) when the planar perimetral insert is joined to the base.
13. (Currently Amended): The sports shoe according to claim 11, characterized in that the planar perimetral insert (356) is joined to the base by means of the at least one protecting wall (352).
15. (Currently Amended): The sports shoe according to claim 19, characterized in that the portion of the at least one protecting wall provided with the at least one tunnel-like seat (354) is integral with the base, said portion being made of the same material of the base (see para [0046]).
17. (Currently Amended): The sports shoe according to claim 1, characterized in that the actuating member is a rotatable knob (160), an incremental rotation of the rotatable knob causing the tightening or the loosening of the lace (see para [0030-0031]).
18. (New): The sports shoe according to claim 1, characterized in that the base is provided with a perimetral aperture (aperture of 354), said perimetral aperture defining a cantilever portion (302/304) in the base suitable for implementing a spring effect when the base undergoes a transversal force; and
at least one portion of said at least one protecting wall has a hollow profile (see hollow profile of 354 disclosed in Fig. 7).
Allowable Subject Matter
Claims 14,16, and 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kruse U.S. 2020/0346888
Midorikawa U.S. 10,258,109
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677