DETAILED ACTION
Status of Submissions
The substitute specification and the amendments to the claims filed on July 28, 2026 have been entered.
Claims Subject to Examination
Claims 1 and 4-22 of this application are subject to examination.
Claim Construction in Examination
During examination, the pending claims are normally interpreted according to the broadest reasonable interpretation standard (hereinafter, the “BRI standard”). That is, claims are given their broadest reasonable interpretation consistent with the specification, and limitations in the specification are not read into the claims. See MPEP 2111 et seq.
An exception to the BRI standard occurs when the applicant acts as their own lexicographer. For this exception to apply, the applicant must clearly set forth a special definition of a claim term in the specification that differs from the plain and ordinary meaning it would otherwise possess. See MPEP 2111.01, subsection IV.
Another exception or special case occurs when a claim recites a means-plus-function limitation that must be interpreted in accordance with 35 USC 112 ¶ 6, or 35 USC 112(f). See MPEP 2181. According to the guidance provided by Williamson v. Citrix Online, LLC, 792 F.3d 1339 (Fed. Cir. 2015) (en banc), 35 USC 112 ¶ 6 applies when the claim term fails to recite (i) sufficiently definite structure, and/or (ii) sufficient structure for performing the claimed function.
Examiner’s Claim Construction
The following claim limitations are construed by the examiner to aid in examination:
Claim Limitation:
retaining means able to collaborate with a front part of the boot to secure the boot to the retaining means (claims 1 and 21)
Examiner’s Construction:
a housing intended to accept a connecting pin incorporated into a front part of a sole of a boot together with some type of holding means that holds the connecting pin in the housing, and art-recognized equivalents thereof
Examiner’s Explanation:
The term “means” is a generic placeholder for structure and is modified by functional language defining the function it performs. The claim does not recite (i) sufficiently definite structure, or (ii) sufficient structure for performing the claimed function. Thus, 35 USC 112(f) is invoked.
The corresponding structure identified in the specification is (i) a housing intended to accept a connecting pin incorporated into a front part of a sole of a boot, and (ii) a holding means that holds the connecting pin in the housing. In preferred embodiments, (a) the housing is formed by two notches formed in respective longitudinal ribs, and (b) the connection permits rotation about a transverse axis of rotation such that the forward tip of the boot can pivot with respect to the ski about the connecting pin. In one alternative embodiment described in the specification (but not shown in the drawings), the holding means is an elastic blade having a first end that keeps the connecting pin in the notches.
Aside from the unillustrated, alternative embodiment having an elastic blade, the disclosure fails to describe or define the holding means that forms part of the retaining means. Thus, the disclosure appears to allow for the holding means to be formed by any and every possible structure that is capable of holding the connecting pin in the housing.
Claim Limitation:
adjusting device for adjusting a position of the retaining means relative to the gliding board (claims 1 and 21)
Examiner’s Construction:
adjusting structure including a structured element (see interpretation below), a locking element (see interpretation below) and an operating element (see interpretation below), and art-recognized equivalents of such an adjusting device
Examiner’s Explanation:
The term “device” is a generic placeholder for structure and is modified by functional language defining the function it performs. The claim does not recite (i) sufficiently definite structure, or (ii) sufficient structure for performing the claimed function. Thus, 35 USC 112(f) is invoked.
Claim Limitation:
structured element comprising a series of reliefs, the structured element being adapted to be mounted securely on the gliding board (claims 1 and 21)
Examiner’s Construction:
a structural member comprising a series of reliefs, the type and form of the structural member being undefined
Examiner’s Explanation:
The term “element” is a generic placeholder for structure, but this term is not modified by functional language defining the function it performs. Thus, 35 USC 112(f) is not invoked.
The specification refers to a structured element that comprises a series of reliefs. The specification also states that (i) the structured element may for example be in the form of a notched bracket, and (ii) the structured element 12 is a rack. However, the claim term “structured element” is far broader than a notched bracket or a rack. Rather, the claim term “structured element” is completely generic to any structural element (so long as it includes the claimed series of reliefs). Thus, the claim appears to allow for the structured element to be formed by any and every possible structural member having a series of reliefs.
Claim Limitation:
locking element mobile between a locked position in which the locking element is engaged with the structured element in order to lock the position of the retaining means, and an unlocked position in which the locking element is disengaged from the structured element in order to adjust the position of the retaining means (claims 1 and 21)
Examiner’s Construction:
a rotatably mounted member having a locking finger or hook that is received in a recess between two reliefs of the structured element, and art-recognized equivalents thereof
Examiner’s Explanation:
The term “element” is a generic placeholder for structure and is modified by functional language defining the function it performs. The claim does not recite (i) sufficiently definite structure, or (ii) sufficient structure for performing the claimed function. Thus, 35 USC 112(f) is invoked.
The corresponding structure identified in the specification is a rotatably mounted member having a locking finger or hook that is received in a recess between two reliefs of the structured element to lock the retaining means in position (prevent movement of the retaining means relative to the structured element). The drawings appear to illustrate the locking member as a rotatably mounted latch member. However, the specification fails to describe or define the type of rotatably mounted member that forms the locking element. Thus, the corresponding structure is not clearly defined by the specification.
Claim Limitation:
operating element being mobile in rotation about a first axle parallel to a vertical axis, the operating element being mobile between at least a first position and a second position, the operating element bearing against a bearing surface of the locking element so that the locking element moves from the locked position to the unlocked position when the operating element is actuated from the first position to the second position (claims 1 and 21)
Examiner’s Construction:
either (i) a knob that is turned by a user about a vertical axis of rotation in combination with at least one cam that is rotated by the knob such that the at least one cam engages the bearing surface of the locking element to move the locking element from the unlocked position to the locked position, or (ii) a knob-like member that a user presses down to cause translation of the member along a vertical axis in combination with a member having a planar surface that is pressed against the bearing surface of the locking element to move the locking element from the unlocked position to the locked position, and art-recognized equivalents of such an operating element
Examiner’s Explanation:
The term “element” is a generic placeholder for structure and is modified by functional language defining the function it performs. The claim does not recite (i) sufficiently definite structure, or (ii) sufficient structure for performing the claimed function. Thus, 35 USC 112(f) is invoked.
The corresponding structure identified in the specification is either (i) a knob that is intended to be turned by a user about a vertical axis of rotation in combination with at least one cam that is rotated by the knob such that the at least one cam engages the bearing surface of the locking element to move the locking element from the unlocked position to the locked position, or (ii) a knob-like member that a user presses down to cause translation of the member along a vertical axis in combination with a member having a planar surface that is pressed against the bearing surface of the locking element to move the locking element from the unlocked position to the locked position.
Claim Limitation:
return means tending to move the locking element towards the locked position (claim 5)
Examiner’s Construction:
one of (i) a coil spring that bears against the locking element and that is compressed when the locking element rotates towards the unlocked position such that the coil spring biases the locking element towards the locked position, (ii) a torsion spring, and (iii) an elastic metal blade having a second end that biases the locking element towards the locked position, and art-recognized equivalents of such a return means
Examiner’s Explanation:
The term “means” is a generic placeholder for structure and is modified by functional language defining the function it performs. The claim does not recite (i) sufficiently definite structure, or (ii) sufficient structure for performing the claimed function. Thus, 35 USC 112(f) is invoked.
The corresponding structure identified in the specification is any one of (i) a coil spring that bears against the locking element and that is compressed when the locking element rotates towards the unlocked position such that the coil spring biases the locking element towards the locked position, (ii) a torsion spring, and (iii) an elastic metal blade having a second end that biases the locking element towards the locked position.
Claim Limitation:
mechanical transmission means between the operating element and a support adapted to be mounted securely on the gliding board or between the operating element and a securing element able to be held securely on the structured element, the transmission means being configured so that: turning the operating element in a first rotational direction causes the retaining means to move in a first translational direction (claims 9 and 21)
Examiner’s Construction:
a cable comprising first and second strands that are at least partially wound around the operating element when the operating element rotates, with the first strand directly connecting the operating element to a support or a securing element, and the second strand connecting the operating element to the support or the securing element via a pulley, and art-recognized equivalents of such a mechanical transmission means
Examiner’s Explanation:
The term “means” is a generic placeholder for structure and is modified by functional language defining the function it performs. The claim does not recite (i) sufficiently definite structure, or (ii) sufficient structure for performing the claimed function. Thus, 35 USC 112(f) is invoked.
The corresponding structure identified in the specification is a cable comprising first and second strands that are at least partially wound around the operating element when the operating element rotates, with the first strand directly connecting the operating element to a support or a securing element, and the second strand connecting the operating element to the support or the securing element via a pulley.
Claim Limitation:
tension adjusting means for adjusting the tension in the cable (claim 12)
Examiner’s Construction:
a U-shaped member in combination with a housing, with the U-shaped member having (i) branches that can be manually squeezed so as to enable adjustment of the U-shaped member relative to the housing, (ii) teeth formed on the branches thereof for engaging teeth of the housing so as to define plural longitudinal positions, and (ii) a cable winding surface formed at the base of the U, and art-recognized equivalents of such a tension adjusting means
Examiner’s Explanation:
The term “means” is a generic placeholder for structure and is modified by functional language defining the function it performs. The claim does not recite (i) sufficiently definite structure, or (ii) sufficient structure for performing the claimed function. Thus, 35 USC 112(f) is invoked.
The corresponding structure identified in the specification is a U-shaped member in combination with a housing, with the U-shaped member having (i) branches that can be manually squeezed so as to enable adjustment of the U-shaped member relative to the housing, (ii) teeth formed on the branches thereof for engaging teeth of the housing so as to define plural longitudinal positions, and (ii) a cable winding surface formed at the base of the U.
Objection to Amendment – New Matter
The amendment filed on July 28, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the original disclosure. The added material which is not supported by the original disclosure is as follows:
The amendments to claims 1, 4, 10 and 21 introduce new matter for the reasons given in GROUND 1 below.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
GROUND 1: Claims 1 and 4-22 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement because these claims recite new matter. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Amended claim 1 and new claim 21 recite “the operating element being mobile in rotation about a first axle parallel to a vertical axis” (claim 1, ll. 15-16; claim 21, ll. 13-14). There is no support in the original disclosure for the operating element 11 being mobile in rotation about a first “axle”. The term “axle” does not appear in the specification. The drawings do not illustrate an “axle” about which the operating element rotates. Instead, the specification states that the chassis 8 comprises a cylindrical portion 23 having an axis of revolution that coincides with the first axis Z1, and the operating element 11 is guided in rotation about the first axis Z1 by collaboration with the cylindrical portion 23.
Amended claim 1 recites “the locking element is mobile in rotation about a second axle parallel to a transverse axis, the second axle being secured to and immovable in relation to the chassis” (ll. 23-24). There is no support in the original disclosure for the locking element 14 being mobile in rotation about a second “axle”. The term “axle” does not appear in the specification. The drawings do not illustrate an “axle” about which the operating element rotates. Instead, the specification states that the locking element 14 is mobile in rotation by virtue of the shaft 17 passing right through the locking element 14, and a lower plate 16 comprises a bearing 18 supporting the shaft 17 such that the shaft 17 is secured to the chassis via the lower plate 16. Further, even if the shaft 17 is considered to be an axle, there is no support in the original disclosure for the shaft 17 being a “second” axle.
Claim 4 has been amended to recite “the second axle” (l. 4). This constitutes new matter for the reasons given above.
Claim 10 has been amended to recite “the operating element rotates about the first axle” (ll. 3-4). This constitutes new matter for the reasons given above.
Claim 13 has been amended to recite “the operating element is also mobile in translation parallel to the first axle” (ll. 1-2). This constitutes new matter for the essentially the same reasons given above. The operating element 11 is not disclosed as being mobile in translation parallel to a “first axle”.
New claim 22 recites “the operating element rotates about the first axle” (l. 3). This constitutes new matter for the reasons given above.
Dependent claims are included in the rejection at least because of their dependencies.
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.
GROUND 2: Claims 1 and 4-22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
As explained in the Examiner’s Claim Construction above, the specification fails to clearly identify the corresponding structure for the “retaining means” of claims 1 and 21. Aside from the unillustrated, alternative embodiment having an elastic blade, the disclosure fails to describe or define the holding means that forms part of the corresponding structure of the retaining means. Thus, the disclosure appears to allow for the holding means to be formed by any and every possible structure that is capable of holding the connecting pin in the housing. Due to the failure to clearly and specifically define the corresponding structure for this term that invokes 35 USC 112(f), the claim is rendered indefinite.
As explained in the Examiner’s Claim Construction above, the specification refers to a structured element that comprises a series of reliefs. The specification also states that (i) the structured element may for example be in the form of a notched bracket, and (ii) the structured element 12 is a rack. However, the claim term “structured element” is far broader than a notched bracket or a rack. Rather, the claim term “structured element” is completely generic to any structural element (so long as it includes the claimed series of reliefs). Thus, the claim appears to allow for the structured element to be formed by any and every possible structural member having a series of reliefs. Due to the failure of the claim to limit the invention to any particular structural element, the scope of the claim cannot be ascertained with a reasonable degree of certainty. That is, it is unclear what qualifies as a “structured element” and what does not qualify as a “structured element”.
As explained in the Examiner’s Claim Construction above, the specification fails to clearly identify the corresponding structure for the “locking element” of claims 1 and 21. The corresponding structure identified in the specification is a rotatably mounted member having a locking finger or hook that is received in a recess between two reliefs of the structured element to lock the retaining means in position (prevent movement of the retaining means relative to the structured element). The drawings appear to illustrate the locking member as a rotatably mounted latch member. However, the specification fails to describe or define the type of rotatably mounted member that forms the locking element. Thus, the corresponding structure is not clearly defined by the specification. Due to the failure to clearly and specifically define the corresponding structure for this term that invokes 35 USC 112(f), the claim is rendered indefinite.
In claim 17, “The gliding board according to claim 15” is indefinite because claim 15 is not directed to a gliding board. The preamble of claim 17 should read “The gliding equipment according to claim 15”.
In claim 22, the recitation “the transmission means comprises a cable, the cable being…” (ll. 1-2) is indefinite because it newly introduces a “cable”, but it fails to establish how the recited “cable” relates to the “first strand” and the “second strand” previously recited in claim 21 (ll. 26-28). As a result, claim 22 inaccurately suggests that the “cable” is distinct from the “first strand” and the “second strand”. The examiner suggests that claim 22 be amended by changing “the transmission means comprises a cable, the cable being” to “the first and second strands are”.
Dependent claims are included in the rejection at least because of their dependencies.
AIA – First to File
The present reissue application contains claims to a claimed invention having an effective filing date on or after March 16, 2013. Accordingly, this application is being examined under the AIA first to file provisions.
Listing of Prior Art
The following is a listing of the prior art cited in this Office action together with the shorthand reference for each document (listed alphabetically):
“Bardin et al.”
US Patent No. 5,794,962
“Battistella et al.”
US Publication No. 2003/0001363 A1
“Bjertnaes et al.”
US Publication No. 2013/0270797 A1
“Gorza et al.”
US Publication No. 2003/0155744 A1
“Hauglin”
WO Publication No. 88/04563 A1
“Keller et al.”
US Patent No. 6,824,158 B1
“Krob”
DE Publication No. 31 50 098 C2 (with translation)
“Krob et al.”
DE Publication No. 31 50 099 C2 (with translation)
“Lucas”
FR Publication No. 2 870 750 A1 (with translation)
“Mercier”
US Patent No. 6,092,829
“Pascal et al.”
FR Publication No. 3 103 391 A1 (with translation)
“Salomon”
US Patent No. 3,857,186
“Stritzl et al.”
AT Publication No. 9322 U1 (with translation)
Pertinent Prior Art
The prior art listed above is considered pertinent to the claimed invention but is not relied upon to reject any claim.
Hauglin discloses a front binding device 3 mounted securely on a cross-country ski 1 for holding a front part 11 of a boot 12 on the ski 1, wherein the front binding device 3 comprises a retaining means 10 (see also the notch illustrated in Fig. 2 as receiving a pin on the boot 12) able to collaborate with the front part 11 of the boot 12. See Figs. 1-3; p. 1, ll. 5-11; p. 5, l. 31 to p. 6, l. 11; p. 7, l. 34 to p. 8, l. 23. The front binding device 3 comprises an adjusting device for adjusting a position of the retaining means 10 relative to the ski 1, the adjusting device comprising:
A structured element 2 mounted securely on the ski 1 and comprising a series of teeth (reliefs) 2b. See Figs. 1-3; p. 5, l. 31 to p. 6, l. 19. The structured element 2 can be a structured rail mounted on top of the ski 1. See p. 7, ll. 9-12.
A locking element 5 that pivots about a pivot 6 between (i) a locked position in which teeth 5a of the locking element 5 are engaged with the teeth 2b of the structured element 2 in order to lock the position of the retaining means 10, and (ii) an unlocked position in which the teeth 5a are disengaged from the teeth 2b in order to adjust the position of the retaining means 10. See Fig. 1; p. 6, ll. 9-19.
An operating element 6 that is actuated by a user using a tool that engages a slot 6c in the operating element 6 such that the operating element 6 rotates about a first vertical axis between a first position and a second position, the operating element 6 having a cam 6a bearing against a bearing surface 5b of the locking element 5 so that the locking element 5 moves from the locked position to the unlocked position when the operating element 6 is actuated from the first position to the second position. See Fig. 1; p. 6, ll. 15-31.
A chassis (labeled by reference number 3 in Figs. 1-3) supporting the retaining means 10 and the operating element 6. See Figs. 1-3; p. 6, ll. 2-19.
Lucas discloses a front binding device 4 mounted securely on a ski 2 for holding a front part 3 of a boot 1 on the ski 2, wherein the front binding device 4 comprises a retaining means 10 (see Fig. 1) able to collaborate with the front part 3 of the boot 1. See Fig. 1; ¶ 0014.1 The front binding device 4 comprises an adjusting device for adjusting a position of the retaining means (see Fig. 1) relative to the ski 2, the adjusting device comprising:
A structured element 9 mounted securely on the ski 2 and comprising a series of teeth (reliefs) 13a, 13b. See Figs. 1 and 6-11; ¶ 0014.
A locking element 14 that moves between (i) a locked position in which teeth 15a, 15b of the locking element 14 are engaged with the teeth 13a, 13b of the structured element 9 in order to lock the position of the retaining means (see Fig. 1), and (ii) an unlocked position in which the teeth 15a, 15b are disengaged from the teeth 13a, 13b in order to adjust the position of the retaining means. See Figs. 6-11; ¶ 0014.
An operating element 21 that is actuated by a user such that the operating element 21 rotates about a first vertical axis 23 (defined by a pivot) between a first position and a second position, the operating element 21 having a cam 30a bearing against a bearing surface (cam) 30b of the locking element 14 so that the locking element 14 moves from the locked position to the unlocked position when the operating element 21 is actuated from the first position to the second position. See Figs. 4-11; ¶¶ 0014, 0016.
A chassis 10 supporting the retaining means (see Fig. 1) and the operating element 21. See Figs. 1, 4-5 and 10-11; ¶¶ 0014, 0017.
A return means (elastic system) 16 for biasing the locking element 14 toward the locked position. See Figs. 7 and 9; ¶ 0014.
Krob et al. discloses a front binding device (see Figs. 1-2) mounted securely on a ski (not shown) for holding a front part of a boot (not shown) on the ski, wherein the front binding device comprises a retaining means (binding part, not shown) able to collaborate with the front part of the boot. See Figs. 1-2; ¶¶ 0017, 0036-0037.2 The front binding device comprises an adjusting device for adjusting a position of the retaining means relative to the ski, the adjusting device comprising:
A structured element 1 mounted securely on the ski and comprising a series of teeth (reliefs) on toothed strips 6, 7. See Figs. 1-2; ¶ 0017.
A locking element 10 (or 11) that moves between (i) a locked position in which teeth 8 (or 9) of the locking element 10 (or 11) are engaged with the teeth of the structured element 1 in order to lock the position of the retaining means (binding part, not shown), and (ii) an unlocked position in which the teeth 8 (or 9) are disengaged from the teeth of the structured element 1 in order to adjust the position of the retaining means. See Figs. 1-2; ¶¶ 0017-0020. In the alternative embodiment of Fig. 9, the locking element 20ʹ rotates about an axis of rotation defined by a pivot 21ʹ. See ¶¶ 0034-0035.
An operating element 14 that is actuated by a user using a tool that engages a slot in a head 14ʹʹ of the operating element 14 such that the operating element 14 rotates about a first vertical axis between a first position and a second position, the operating element 14 having a cam portion (labeled by reference number 14) bearing against a bearing surface (labeled by reference number 12ʹ) of the locking element 10 (or 11) so that the locking element moves from the locked position to the unlocked position when the operating element 14 is actuated from the first position to the second position. See Figs. 1-4; ¶¶ 0018-0021, 0023. In the alternative embodiment of Fig. 9, the operating element 51 has a cam portion (see Fig. 9) bearing against a bearing surface defined by a recess 50 in the locking element 20ʹ. See ¶¶ 0034-0035.
A chassis 4 supporting the retaining means (binding part, not shown) and the operating element 14. See Figs. 1-4; ¶¶ 0017-0018, 0021.
Figs. 1-2 of Krob et al. show that the cam portion (labeled by reference number 14) of the operating element 14 has two cams (at opposite ends of the cam portion) such that (i) the locking element 10 (or 11) is in the unlocked position (Fig. 2) when the bearing surface (labeled by reference number 12ʹ) is bearing against a first one of the cams, and (ii) the locking element is in the locked position (Fig. 1) when the bearing surface (labeled by reference number 12ʹ) is bearing against the operating element 14 between the two cams. See Figs. 1-2; ¶¶ 0018-0021, 0023. The two cams are “adjacent” as broadly claimed.
Krob discloses a front binding device (see Figs. 1 and 3) mounted securely on a ski (not shown) for holding a front part of a boot (not shown) on the ski, wherein the front binding device comprises a retaining means (binding part, not shown) able to collaborate with the front part of the boot. See Figs. 1 and 3; ¶¶ 0019-0020, 0026.3 The front binding device comprises an adjusting device for adjusting a position of the retaining means relative to the ski, the adjusting device comprising:
A structured element 1 mounted securely on the ski and comprising a series of teeth (reliefs) on a toothed strip 15. See Figs. 1-2; ¶¶ 0019-0021. In the alternative embodiment of Figs. 3-5, the structured element 1 comprises a series of teeth (reliefs) on toothed strips 15ʹ. See ¶¶ 0026-0027.
A locking element 8 that moves between (i) a locked position in which teeth 14 of the locking element 8 are engaged with the teeth of the structured element 1 in order to lock the position of the retaining means (binding part, not shown), and (ii) an unlocked position in which the teeth 14 are disengaged from the teeth of the structured element 1 in order to adjust the position of the retaining means. See Figs. 1-2; ¶¶ 0022-0024. In the alternative embodiment of Figs. 3-5, the locking element 21 moves between (i) a locked position in which teeth (see Figs. 4-5) of the locking element 21 are engaged with the teeth of the structured element 1, and (ii) an unlocked position in which the teeth (see Figs. 4-5) of the locking element 21 are disengaged from the teeth of the structured element 1. See ¶¶ 0027-0032.
An operating element 17 that is actuated by a user using a tool that engages a slot in the operating element 17 such that the operating element 17 rotates about a first vertical axis between a first position and a second position, the operating element 17 bearing against a bearing surface (defined by an aperture) of the locking element 8 so that the locking element moves from the locked position to the unlocked position when the operating element 17 is actuated from the first position to the second position. See Figs. 1-2; ¶¶ 0022-0024. In the alternative embodiment of Figs. 3-5, the operating element 23 bears against a bearing surface defined by a groove 26 in the locking element 21 such that rotation of the operating element 23 about a vertical axis between a first position and a second position moves the locking element 21 from the locked position to the unlocked position. See ¶¶ 0027-0032.
A chassis 4 supporting the retaining means (binding part, not shown) and the operating element 17 (or 23). See Figs. 1-5; ¶¶ 0020, 0022, 0026-0027.
Krob’s operating element 17 has a cam 13. See Figs. 1-2; ¶¶ 0022, 0024. The operating element 23 has a cam (see Figs. 3-5) bearing against the bearing surface (defined by the groove 26) of the locking element. See Figs. 3-5; ¶¶ 0027-0029. As the operating element 23 rotates about the vertical axis, the operating element 23 moves in translation parallel to the vertical axis between the first position and the second position. See Figs. 4-5; ¶¶ 0027-0029. A detent-type mechanism is defined by cooperating recesses and projections in plates 8ʹ, 25 so as to lock the operating element 23 against rotation when the operating element is in the first position. See Figs. 4-5; ¶ 0028.
Gorza et al. discloses a front binding device (including a front binding unit 8) mounted securely on a ski (not shown) for holding a front part of a boot (not shown) on the ski, wherein the front binding device comprises a retaining means 10 able to collaborate with the front part of the boot. See Fig. 3; ¶¶ 0026-0030. The front binding device comprises an adjusting device for adjusting a position of the retaining means 10 relative to the ski, the adjusting device comprising:
A structured element 13 mounted securely on the ski (not shown) and comprising a series of teeth (reliefs) on a toothed (gear-like) element 16. See Figs. 1-6; ¶¶ 0031-0033. In the alternative embodiment of Fig. 7, the structured element 113 comprises a series of teeth on a front toothed element 116a. See ¶¶ 0059-0060.
A locking element 14 that moves between (i) a locked position in which teeth on a toothed (gear-like) element 24 of the locking element 14 are engaged with the teeth of the structured element 13 in order to lock the position of the retaining means 10, and (ii) an unlocked position in which the teeth of the locking element 14 are disengaged from the teeth of the structured element 13 in order to adjust the position of the retaining means 10. See Figs. 1-6; ¶¶ 0032-0033, 0038, 0049-0050, 0053. In the alternative embodiment of Fig. 7, a front locking element 114a is structured and functions in the same manner as the locking element 14. See ¶¶ 0059-0062.
An operating element 50 that is actuated by a user such that the operating element 50 moves between a first position and a second position, the operating element 50 having cam-like surfaces 52a, 52b bearing against a bearing (cam-like) surfaces 53a, 53b of the locking element 14 so that the locking element 14 moves from the locked position to the unlocked position when the operating element 50 is actuated from the first position to the second position. See Figs. 2-3 and 5-6; ¶¶ 0047-0050. The locking element 14 rotates about a first vertical axis (defined by an axle 15), and the operating element 50 rotates together with the locking element 14 about the vertical axis. See Figs. 2-6; ¶¶ 0032, 0034, 0036, 0043, 0049-0051. In the alternative embodiment of Fig. 7, a front operating element 150a is structured and functions in the same manner as the operating element 50. See ¶¶ 0070-0071.
A return means (spring) 23 for biasing the locking element 14 toward the locked position. See Figs. 1-2 and 5-6; ¶¶ 0037-0038, 0049, 0053. In the alternative embodiment of Fig. 7, a front spring 123a is structured and functions in the same manner as the spring 23. See ¶¶ 0063-0064, 0071.
In Gorza et al., the binding device comprises a mechanical transmission means (cable and pulley transmission system) between the operating element 14 and supports 6a, 6b mounted securely on the ski (not shown), the transmission means being configured so that (i) turning the operating element 50 (together with the locking element 14) in a first direction of rotation causes the retaining means 10 to move in a first direction, and (ii) turning the operating element 50 (together with the locking element 14) in a second direction, opposite to the first direction of rotation, causes the retaining means 10 to move in a second direction, opposite to the first direction. See Figs. 1-2 and 4; ¶¶ 0034-0046, 0049-0053. The alternative embodiment of Fig. 7 includes a front cable and pulley transmission system between the front operating element 114a and the front support 106a, and the front cable and pulley transmission system functions in a similar manner to move the retaining means 10. See ¶¶ 0061-0069.
In Gorza et al., a pulley 17 is coupled for rotation with the locking element 14 and the operating element 50, with a cable 26 of the transmission system being wound around the pulley 17 as the locking element 14 and the operating element 50 rotate about the vertical axis (defined by the axle 15). See Figs. 2-6; ¶¶ 0034-0038, 0043, 0049-0051. The pulley 17 constitutes (or can be considered to be) a lower part of the operating element. In the alternative embodiment of Fig. 7, a front pulley 117a is structured and functions in the same manner as the pulley 17. See ¶¶ 0061, 0065, 0069. The binding device comprises a tension adjusting means 33 (or 133) for adjusting the tension in a cable 26 (or 126b). See Figs. 1-2 and 7; ¶¶ 0044-0045, 0066.
Bardin et al. discloses a front binding device (see Fig. 6) mounted securely on a ski (not shown) for holding a front part of a boot on the ski, wherein the front binding device comprises a retaining means (binding part, not shown) able to collaborate with the front part of the boot. See Fig. 6; col. 1, ll. 5-13; col. 2, ll. 3-10; col. 3, ll. 19-24. The front binding device comprises an adjusting device for adjusting a position of the retaining means relative to the ski, the adjusting device comprising:
A structured element 1 mounted securely on the ski and comprising a series of teeth (reliefs) 4 (identified as notches but labeled as teeth defining notches therebetween). See Fig. 6; col. 2, ll. 3-8; col. 3, ll. 19-27.
A locking element 33 that moves between (i) a locked position in which teeth (see Fig. 6) of the locking element 33 are engaged with the teeth 4 of the structured element 1 in order to lock the position of the retaining means (binding part, not shown), and (ii) an unlocked position in which the teeth of the locking element 33 are disengaged from the teeth 4 in order to adjust the position of the retaining means. See Fig. 6; col. 3, ll. 24-27.
An operating element 37 that is actuated by a user such that the operating element 37 rotates about a first vertical axis (defined by a pivot 38) between a first position and a second position, the operating element 37 having a cam 39 bearing against a bearing surface (see Fig. 6) of the locking element 33 so that the locking element 33 moves from the locked position to the unlocked position when the operating element 37 is actuated from the first position to the second position. See Fig. 6; col. 3, ll. 27-31.
A chassis 31 supporting the retaining means (binding part, not shown) and the operating element 37. See Figs. 6-7; col. 3, ll. 19-31. The chassis 5 of the embodiment of Figs. 1-2 is described in more detail at col. 2, ll. 3-10.
A return means (spring) 34 for biasing the locking element 33 toward the locked position. See Fig. 6; col. 3, ll. 24-27.
In Bardin et al., Fig. 6 illustrates the return means as an elastic blade spring 34. The spring 34 is supported on the chassis 31 and, thus, can be considered to be part of the retaining means (binding part, not shown).
Battistella et al. teaches a lever 27 that rotates about a vertical axis to engage and release toothed locking elements 17a, 17b of an adjustable ski binding.
Bjertnaes et al. teaches a knob 63 that rotates about a vertical axis to move a ski binding between different positions, with a locking element 68 engaging different notches 39 in the different positions.
Keller et al. teaches a lever 18 that rotates about a vertical axis to engage and release a toothed locking element 14 of an adjustable ski binding, wherein rotation of the locking element 14 about a vertical axis operates a geared transmission system for adjusting a position of a ski binding.
Mercier teaches a lever 30 that rotates about a vertical axis to engage and release a toothed locking element 11 of an adjustable ski binding.
Pascal et al. teaches a cross-country ski comprising an adjustable binding that includes locking elements 21, 22 that pivot/rotate about transverse axes (defined by pivots 25, 35). However, the transverse pivot axes are movable (not immovable as required by claim 3) in relation to a chassis 7.
Salomon teaches an operating element including a knob 11ʹ that rotates about a vertical axis to wind a cable 26 about a lower part 27 of the operating element to thereby adjust a position of a ski binding.
Stritzl et al. teaches a lever 8 that rotates about a vertical axis to engage and release toothed locking elements 10, 11 of an adjustable ski binding.
Allowable Subject Matter
Claims 1, 4, 5 and 7-22 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(a) and (b) set forth in this Office action.
Claim Objections
New claim 21 is objected to because:
At l. 20, “intended adapted to” should read “adapted to”.
At l. 23, “rotational direction of rotation” should read “rotational direction”.
Specification Objections
The amended abstract filed on July 25, 2024 is objected to because:
The term “retaining element (4)” (l. 1) is inaccurate. According to the specification, the retaining means 4 is defined by (i) a housing intended to accept a connecting pin incorporated into a front part of a sole of a boot, and (ii) a holding means that holds the connecting pin in the housing. Thus, the retaining means 4 is not a singular “element”.
Legal phraseology often used in patent claims, such as “means” (l. 3), should be avoided.
The phrase “a gliding board” (l. 3) should read “the gliding board”.
The term “retaining element” (ll. 6-7 and 8) is inaccurate.
The substitute specification filed on July 28, 2026 is objected to because:
At p. 1, l. 6, “European” is inaccurate since the foreign priority application was filed in France.
At p. 7, l. 12, “inclined ramp” should read “inclined ramps”.
At p. 9, l. 25, “guide slots 10A, 10B” is not accurate because the lead lines for reference numbers 10A, 10B are not directed to “slots” in Figs. 2 and 9.
At p. 10, l. 6, “operating element 11” is inaccurate. According to the specification, the structure labeled by reference number 11 is formed by a lower part 11A and an upper part 11B. See p. 13, ll. 4-5. Thus, the structure labeled by reference number 11 is not a singular “element”.
At p. 11, l. 1, “the structured element 12 is a rack” is inconsistent with the earlier statement “The structured element 12 may for example be in the form of a notched bracket” (p. 10, ll. 27-28).
At p. 11, ll. 2-3, “The rack has teeth…The teeth are separated from one another by recesses” is unclear and incomplete because it fails to explain how the recited teeth (and recesses) relate to the “reliefs 13” described at p. 10, ll. 17-18.
At p. 11, l. 16, “operating element 11” is inaccurate for the reasons explained above.
At p. 11, ll. 20-23, the description of Figs. 5 and 6 as showing a second axis Y2 is inaccurate. In Figs. 5 and 6, the lead line for reference number Y2 is not directed to an axis. Rather, the lead line for reference number Y2 is directed to the shaft 17 in Figs. 5 and 6. No axis is illustrated in Figs. 5 and 6. Note that the axis Y2 is illustrated in Fig. 20.
At p. 11, ll. 23-24, “The second axis Y2 is secured to and immovable in relation to the chassis 8” is inaccurate. An “axis” is not a structural member; rather, it is an imaginary line. Such an imaginary construct is not capable of being “secured to” a structural member.
At p. 12, l. 21, “position of least tension of the return means 15” is inaccurate. The return means 15 is “a coil spring intended to be stressed in compression” (p. 12, ll. 22-23). Thus, the coil spring is in an extended position (not in a “position of least tension”) when the locking element 14 is in the locked position. That is, the coil spring has a position of lesser compression when the locking element is in the locked position and a position of greater compression when the locking element is in the unlocked position.
At p. 13, l. 4, “operating element 11” is inaccurate for the reasons explained above.
At p. 15, l. 3, “return means 15 under tension” is inaccurate for the reasons given above.
At p. 16, l. 31, “pivots the operating element 11” should read “rotates the operating element 11” (or “turns the operating element 11”).
At p. 17, l. 6, “pivots the operating element 11” should read “rotates the operating element 11” (or “turns the operating element 11”).
At p. 17, l. 24, “operating element 11” is inaccurate for the reasons explained above.
At p. 17, ll. 24-25, “operating element 34” is inaccurate for essentially the same reasons explained above.
At p. 19, l. 15, “second strand 9B” should read “second strand 39B”.
At p. 19, l. 117, “second strand 9B” should read “second strand 39B”.
At p. 22, l. 10, “guide slots 10A, 10B” is inaccurate for the reasons explained above.
At p. 22, l. 30, “support 30” should read “support 38”.
At p. 23, l. 21, “operating element 11” is inaccurate for the reasons explained above.
At p. 23, l. 22, “operating element 43” is inaccurate for essentially the same reasons explained above.
At p. 24, ll. 5-6, “until the housing 44 is closed” is inaccurate. As shown in Fig. 15, the structure labeled by reference number 44 is not “closed”.
At p. 25, ll. 7-13, the description of an alternative embodiment (not shown in the drawings) is included in the paragraph that describes Fig. 16 (see p. 25, ll. 4-7). This is confusing because it inaccurately implies that the alternative embodiment is shown in Fig. 16 (which it is not).
At p. 25, l. 27, “chassis 8” should read “chassis 40” because 40 is used to identify the chassis in the embodiment of Figs. 7-12, i.e., the embodiment with the cable transmission mechanism.
At p. 26, l. 17, “chassis 8” should read “chassis 40” for the reasons explained above.
At p. 26, l. 25, “operating element 34” is inaccurate for essentially the same reasons explained above.
At p. 26, l. 27, “operating element 62” is inaccurate for essentially the same reasons explained above.
At p. 27, l. 7, “chassis 8” should read “chassis 40” for the reasons explained above.
At p. 27, l. 28, “chassis 8” should read “chassis 40” for the reasons explained above.
At p. 27, l. 30, “chassis 8” should read “chassis 40” for the reasons explained above.
At p. 28, l. 18, “chassis 8” should read “chassis 40” for the reasons explained above.
At p. 29, l. 7, “chassis 8” should read “chassis 40” for the reasons explained above.
At p. 29, l. 16, “chassis 8” should read “chassis 40” for the reasons explained above.
At p. 29, l. 27, “chassis 8” should read “chassis 40” for the reasons explained above.
Drawing Objections
The drawings are objected to under 37 CFR 1.83(a) for failing to show every feature of the invention specified in the claims. Therefore, the features listed below must be shown in the drawings or canceled from the claims. No new matter should be entered.
Retaining means that functions to secure the boot to the retaining means (claim 1, ll. 3-4; claim 21, ll. 2-3).
A pulley, the support being positioned between the operating element and the pulley, the transmission means comprising a first strand and a second strand…the second strand connecting the support to the operating element via the pulley (claims 11 and 21).
The drawings are also objected to because:
Figs. 5, 6, 15 and 16 do not comply with 37 CFR 1.84(h)(3) because:
The plane upon which these sectional views are taken is not indicated on the view from which the section is cut by a broken line, with the ends of the broken line designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and with arrows indicating the direction of sight.
They lack the required hatching. Hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. Hatching should not impede the clear reading of the reference characters and lead lines. If it is not possible to place reference characters outside the hatched area, the hatching may be broken off wherever reference characters are inserted. Hatching must be at a substantial angle to the surrounding axes or principal lines, preferably 45°. The parts in cross section must show proper material(s) by hatching with regularly spaced parallel oblique strokes, the space between strokes being chosen on the basis of the total area to be hatched. The various parts of a cross section of the same item should be hatched in the same manner and should accurately and graphically indicate the nature of the material(s) that is illustrated in cross section. The hatching of juxtaposed different elements must be angled in a different way. In the case of large areas, hatching may be confined to an edging drawn around the entire inside of the outline of the area to be hatched. Different types of hatching should have different conventional meanings as regards the nature of a material seen in cross section.
In Figs. 5 and 6, the lead line for reference number Y2 is not directed to an axis. See p. 11, l. 21 of the substitute specification. Rather, the lead line for reference number Y2 is directed to the shaft 17 in Figs. 5 and 6. No axis is illustrated in Figs. 5 and 6. Note that the axis Y2 is illustrated in Fig. 20.
In Fig. 9, reference numbers 34A and 36A are reversed. That is, 34A should be changed to 36A, and 36A should be changed to 34A.
Fig. 21 does not comply with 37 CFR 1.84(l) and (m) because the solid shading reduces legibility and does not permit adequate reproduction.
In Figs. 22 and 23, reference number 8 should be changed to 40 because 40 is used to identify the chassis in the embodiment of Figs. 7-12, i.e., the embodiment with the cable transmission mechanism.
The objection to the drawings will not be held in abeyance.
Response to Arguments
Applicant’s arguments filed on July 28, 2026 have been fully considered.
Applicant argues that the substitute specification eliminates new matter from the specification. The examiner agrees.
Applicant argues that the prior rejection of claim 6 under 35 USC 112(a) has been overcome by amending claim 6 such that it reads on the embodiment described at p. 24, ll. 8-17 of the original specification (i.e., the embodiment of Fig. 16). The examiner concurs so the rejection is withdrawn.
Applicant argues that claim 1 has been amended to define the claimed “retaining means” in a manner that complies with 35 USC 112(b). The examiner disagrees for the reasons detailed above.
Applicant argues that the claimed “structured element” complies with 35 USC 112(b) due to the disclosure of a bracket or rack. The examiner disagrees for the reasons detailed above.
Applicant argues that the claimed “locking element” complies with 35 USC 112(b) due to illustrations provided by Figs. 4-5. The examiner disagrees for the reasons detailed above.
Applicant argues that the prior art rejections set forth in the previous Office action have been overcome because claim 1 has been amended to incorporate the subject matter of claims 2 and 3, and because new claim 21 incorporates the subject matter of original claims 1, 9 and 11. The examiner concurs so the prior art rejections are withdrawn.
Applicant’s response fails to address the outstanding objections to the specification and drawings.
Final Action
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).
Response Period
A shortened statutory period for response is set to expire THREE MONTHS from the mailing date of this action. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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.
Filing and Contact Information
All correspondence relating to this application should be directed:
By Patent Center4: Registered users may submit via the Patent Center at: https://patentcenter.uspto.gov/
By Mail to: Commissioner for Patents
United States Patent & Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
By FAX to: (571) 273-8300
By hand: Customer Service Window
Knox Building
501 Dulany Street
Alexandria, VA 22314
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter English whose telephone number is (571)272-6671. The examiner can normally be reached on Monday-Thursday (8:00 am - 6:00 pm EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis, can be reached at 571-272-6928.
/PETER C ENGLISH/Primary Examiner, Art Unit 3993
1 All citations are to the English translation. In the translation, ¶¶ 0014, 0016 and 0017 are not single paragraphs; rather, they are groups of plural paragraphs.
2 All citations are to the English translation.
3 All citations are to the English translation.
4 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).
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