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 without traverse of species I (vacuum system for footwear as shown in figures 1A,1B,3A and 3B in the reply filed on 8/27/2025 is acknowledged.
Claims 6,9,17 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/27/2025.
To the extent that the withdrawn claims get rejoined, applicant should amend them during prosecution. Accordingly, if the independent claim is no longer generic then applicant is encourage to cancel the withdrawn claims.
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 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) 1-5,7-8,11-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2023/0032939 (Casillas).
Regarding claims 1-5,7-8, Casillas discloses a vacuum system for a wearable article, the vacuum system comprising:
an adjustable element operable to form at least a portion of the wearable article (e.g. a bra or a shoe; see first sentence in ¶0120) and including (i) a bladder (104) defining an exterior surface and an interior void, (ii) a compressible component (108) disposed within the interior void (106) of the bladder, and (iii) a port (see port (200) best shown in figures 15A-16C) disposed on the exterior surface of the bladder and operable to provide selective communication with the interior void of the bladder; and
a pump (202) operable to selectively engage the port of the adjustable element to adjust a pressure of the interior void between a first pressure and a second pressure different than the first pressure.
Regarding claims 2-4, See ¶0120; especially the last sentence which teaches the pump includes a cartridge in selective fluid communication with the interior void of the bladder to adjust the pressure of the interior void; wherein the cartridge of the pump is at a predefined vacuum pressure.
Regarding claim 5, see lattice structure (118) and ¶0075 which teaches compressible component includes a lattice structure operable between a relaxed state when the interior void is at the first pressure and a contracted state when the interior void is at the second pressure.
Regarding claim 7, see port (200) and biasing member (212) described in at least ¶0119.
Regarding claim 8, at least see the last 10 lines of ¶0075.
Regarding claims 11-16 and 18, Casillas discloses a vacuum system for a wearable article, the vacuum system comprising:
an adjustable element operable to form at least a portion of the wearable article (e.g. a bra or a shoe; see first sentence in ¶0120) and including (i) a bladder (104) defining an exterior surface and an interior void, ii) a port (see port (200) best shown in figures 15A-16C) disposed on the exterior surface of the bladder and operable to provide selective communication with the interior void of the bladder; and
a pump (202) operable to automatically draw a predetermined volume of fluid out of the interior void upon engagement with the port to move the adjustable element from a relaxed state to a constricted state (at least see ¶0120).
Regarding claims 12, See ¶0120; especially the last sentence which teaches the pump includes a cartridge in selective fluid communication with the interior void of the bladder to adjust the pressure of the interior void; wherein the cartridge of the pump is at a predefined vacuum pressure.
Regarding claims 13-15, see lattice structure (118) and ¶0075 which teaches compressible component includes a lattice structure operable between a relaxed state when the interior void is at the first pressure and a contracted state when the interior void is at the second pressure and the lattice structure includes a plurality of reliefs (120).
Regarding claim 16, see reliefs (120) at least shown in figures 4A,4B and in ¶0045,0048,0075-0078 and 0082-0085.
Regarding claim 18, see port (200) in figures 15A-16C.
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.
Claims 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Casillas ‘939 in view of US 6014823 (Lakic).
Casillas teaches a vacuum system for a wearable article (see the details in the rejection above) including an article of footwear (see “shoe” listed in the first sentence of ¶0120.
Casillas lacks teaching the system being in an upper of the article of footwear (i.e. an upper of the shoe).
Lakic teaches a pump and air bladder system in an upper of the article of footwear (e.g. see figure 57 showing bladder system (inflatable liner 203) and pump (171)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vacuum system as taught by Casillas to be included in an upper for an article of footwear, in view of the teachings of Lakic, to facilitate adjusting the bladder around the foot of the wearer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including:
-“The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.”
--“A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.”
-Moreover, “The prompt development of a clear issue requires that the replies of the applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06” MPEP 714.02. The “disclosure” includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TED KAVANAUGH whose telephone number is (571) 272-4556. The examiner can normally be reached on Monday-Thursday 8AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached on 57-1272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ted Kavanaugh/
Primary Patent Examiner
Art Unit 3732
Tel: (571) 272-4556