Double Patenting
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 .
Priority
This application repeats a substantial portion of prior Application No. 17956895 (filed on 09/30/2022), and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it constitutes a continuation-in-part of the prior application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters which are not mentioned in the description: 61 (in figure 1), 5221 (in figure 11A), F31 (in figure 14B), F32 (in figure 14B), F41 (in figure 15B), F42 (in figure 15B), P32 (in figure 15B), 13 (in figures 17), TD7 (in figure 28b), TD8 (in figure 28b), TA (in figure 30), T (in figure 31), 124 (in figures 35b and 36b), and B3’ (in figure 36b), and B4’ (in figure 36b). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “E” has been used to designate both the elastic portion of the retractable swing arm ring (in figure 2) and a position (in figures 10A-10B). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “41” has been used to designate both the ring of buckle protrusions on the housing (in figure 3) and a teeth structure on the spool (in figure 16). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities that requires appropriate corrections:
In paragraph 0151, line 23, the statement “the first side wall TS1” has been amended to read -- the first tooth wall TS1 --.
Claim Objections
Claims 1, 13-15, and 19 are objected to because of the following informalities that requires appropriate corrections:
In claim 1, line 19-20, the limitation “displacement of the swing arm head in the tensioning direction” should read -- displacement of the swing arm head towards the first side of the original position in the tensioning direction --.
In claim 1, line 22-23, the limitation “the swing arm head is deviated in the loosening direction” should read -- the swing arm head is deviated towards the second side of the original position in the loosening direction --.
In claim 13, line 3, the limitation “of the at least a part of the stop beam” should read -- of at least a part of the stop beam --.
In claim 14, line 2, the limitation “the main extending direction” should read -- a main extending direction --.
In claim 15, line 2, the limitation “the winding spool” should read -- the spool --.
In claim 15, line 20-21, the limitation “displacement of the swing arm head in the loosening direction” should read -- displacement of the swing arm head towards the second side of the original position in the loosening direction --.
In claim 15, line 23-24, the limitation “the swing arm head is deviated in the tensioning direction” should read -- the swing arm head is deviated towards the first side of the original position in the tensioning direction --.
In claim 19, line 4, the limitation “a first end point” should read -- a first end point of the two end points --.
In claim 19, line 5, the limitation “a second end point” should read -- a second end point of the two end points --.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph 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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claim 15 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 15 recite “the housing comprises at least one gap arranged along a circumference…at least one swing arm elastic component is provided on the housing…and at least one stop piece is provided on the rotatable cover” (in lines 4-18). However, the specification/drawings for the claimed invention reveal/shows, the at least one stop piece and the at least one swing arm elastic component being arranged on the same member/part in a lacing device, while the at least one gap being arranged on another distinct member/part in said lacing device. In other words, according to the applicant’s specification/drawings, the at least one stop piece and the at least one swing arm elastic component are provided on the housing, while the at least one gap is provided on the rotatable cover; or the at least one stop piece and the at least one swing arm elastic component are provided on the rotatable cover, while the at least one gap is provided on the housing. Furthermore, in the embodiments of the lacing described in paragraphs 0159-0162 and 0209-0212 (which are illustrated by correspond figures 13-15b and 35a-36b), the housing includes the at least one gap while the rotatable cover includes both the at least one stop piece and the at least one swing arm elastic component. Therefore, the above noted claim 15 limitations contradict the applicant’s written disclosure of the claimed invention, and/or fails to meet the written description requirement.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 limitation “the elastic component is an elastic base, the elastic base is connected to form an elastic ring base” (in lined 2-3) render the claim vague and indefinite. It is unclear to what structure/component/feature the elastic base of the elastic component is connected when forming the elastic ring base. Does the elastic component include multiple elastic bases that are connected together to form the elastic ring base, or is the elastic base of the elastic component connected to another component in the lacing device to form the elastic ring base? Clarification by the applicant is required.
Claim 15 limitations “the housing comprises at least one gap” (in line 4), “at least one swing arm elastic component is provided on the housing” (in line 7), and “at least one stop piece is provided on the rotatable cover” (in line 15) renders the claim vague and indefinite. As explained above, the specification for the claimed invention explicitly sates, that the at least one stop piece and the at least one swing arm elastic component being arranged on the same member/part, while the at least one gap being arranged on another distinct member/part. In other words, according to the applicant’s specification/drawings, the at least one stop piece and the at least one swing arm elastic component are provided on the housing, while the at least one gap is provided on the rotatable cover; or the at least one stop piece and the at least one swing arm elastic component are provided on the rotatable cover, while the at least one gap is provided on the housing. In fact, based on examiner understanding, in order to achieve proper operative functionality of the claimed lacing device, the at least one gap must be located on a separate structure which is different from the structure that includes the least one stop piece and the at least one swing arm elastic component (where the at least one gap is able rotate relative to both the least one stop piece and the at least one swing arm elastic component, or where both the least one stop piece and the at least one swing arm elastic component are able to rotate relative to the at least one gap). Resultingly, above noted limitations in claim 15 appears to contradict the description of the claimed invention, and therefore it is unclear how the lacing device of claim 15 can function as recited, if the housing of the lacing device includes both the at least one gap and the at least one swing arm elastic component. However, for examination purposed, examiner is assuming that the rotatable cover is configured with the at least one swing arm elastic component and the at least one stop piece, while the housing is configured with the at least one gap. However, clarification by the applicant is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over the corresponding claims 1-3, 8 and 12-13 of U.S. Patent No. 12,116,238 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
In regards to claim 1 of the instant application, claims 1-3 and 8 in the U.S. Patent 12,116,238 B2 disclose: a lacing device comprising a rotatable cover, a spool, and a housing (“A lacing device, comprising: a rotatable cover, a spool, and a housing” in claim 1); the rotatable cover being rotatably set on the housing, and the spool being supported by the housing and being rotatable relative to the housing (“the rotatable cover is rotatably arranged on the housing, and the spool is supported by the housing and rotatable relative to the housing” in claim 1); the rotatable cover being provided with at least one gap arranged along a circumference (“the rotatable cover is provided with at least one gap” in claim 1); the spool being configured to roll up a lace when rotating in a tensioning direction and to release the lace when rotating in a loosening direction (“the spool is configured to roll up at least one lace when rotating in a tensioning direction and release the at least one lace when rotating in a loosening direction” in claim 1); the housing being provided with at least one swing arm elastic component (“the housing is provided with a swing arm elastic component” in claim 1); the at least one swing arm elastic component including an elastic component and a swing arm which are connected to each other (“the swing arm elastic component comprises an elastic member and at least one swing arm” in claim 1); the swing arm at least having a swing arm head with a tooth portion and a neck joint portion (“the at least one swing arm comprises a swing arm head” in claim 1; “the swing arm head comprises at least one tooth portion and a neck portion” in claim 3); the tooth portion of the swing arm head configured to be engaged into the at least one gap when the swing arm is in an original position (“the at least one swing arm comprises a first side and a second side…the swing arm head is configured to engage the at least one gap of the rotatable cover when the at least one swing arm is in an original position” in claim 1; “when the at least one swing arm is in the original position, the at least one tooth portion of the swing arm head is engaged with the at least one gap of the rotatable cover” in claim 8); the swing arm head also configured to be capable of deviating from the original position towards a first side of the original position in the tensioning direction or a second side of the original position in the loosening direction (“the at least one swing arm comprises a first side and a second side…the swing arm head is configured to engage the at least one gap of the rotatable cover when the at least one swing arm is in an original position, and the swing arm head is configured to deviate from the original position towards the first side or the second side of the at least one swing arm” in claim 1); the housing being provided with at least one stop piece; the at least one stop piece being located at a side of the swing arm head in the loosening direction and includes an anti-reverse head (“the housing is further provided with at least one stop piece, and the at least one stop piece is located on the first side of the at least one swing arm; and the at least one stop piece comprises a wedge-shaped head” in claim 1); the anti-reverse head of the at least one stop piece is set corresponding to the neck joint portion of the swing arm head (“the wedge-shaped head of the at least one stop piece is arranged corresponding to the swing arm head” in claim 1; “at least part of the neck portion of the swing arm head abuts against the wedge-shaped head of the at least one stop piece” in claim 3); when the rotatable cover is subjected to an external force in the tensioning direction, the stop piece and the elastic component are configured to allow displacement of the swing arm head in the tensioning direction until the tooth portion is disengaged from the at least one gap, so as to allow rotation of the rotatable cover in the tensioning direction (“when the rotatable cover is subjected to an external force in the tensioning direction, the at least one stop piece and the elastic member are configured to allow displacement of the at least one swing arm relative to the at least one gap of the rotatable cover until the swing arm head is disengaged from the at least one gap of the rotatable cover to allow the rotatable cover to rotate in the tensioning direction” in claim 1; “the swing arm head comprises at least one tooth portion” in claim 3); and when the rotatable cover is subjected to an external force in the loosening direction, the swing arm head is deviated in the loosening direction until the neck joint portion contacts at least a part of the anti-reverse head, thereby making the tooth portion cooperate with the at least one gap in a force-locking manner, so that the tooth portion always remain engaged in the at least one gap to prevent the rotatable cover from rotating in the loosening direction (“when the rotatable cover is subjected to an external force in the loosening direction, the external force in the loosening direction is configured to cause a side wall of the at least one gap of the rotatable cover to exert bias pressure on the swing arm head to deviate the swing arm head, at least part of the swing arm head abuts against the wedge-shaped head of the at least one stop piece, and the swing arm head always remains engaged with the at least one gap of the rotatable cover to prevent the rotatable cover from rotating in the loosening direction” in claim 1; “the swing arm head comprises at least one tooth portion and a neck portion, at least part of the neck portion of the swing arm head abuts against the wedge-shaped head of the at least one stop piece when the rotatable cover is subjected to the external force in the loosening direction” in claim 3; “when the at least one swing arm is in the original position, the at least one tooth portion of the swing arm head is engaged with the at least one gap of the rotatable cover” in claim 8).
In regards to claim 2 of the instant application, claims 1-3 in the U.S. Patent 12,116,238 B2 disclose: when the neck joint portion of the sing arm head is in contact with at least a part of the anti-reverse head, a force applied onto the neck joint portion by the anti-reverse head has a component force that causes the tooth portion of the swing arm head to abut against the at least one gap (“the swing arm head is configured to engage the at least one gap of the housing when the at least one swing arm is in an original position…when the rotatable cover is subjected to an external force in the loosening direction, the external force in the loosening direction is configured to cause a side wall of the at least one gap of the housing to exert bias pressure on the swing arm head to deviate the swing arm head, at least part of the swing arm head abuts against the wedge-shaped head of the at least one stop piece, and the swing arm head always remains engaged with the at least one gap of the housing to prevent the rotatable cover from rotating in the loosening direction” in claim 1; “the swing arm head comprises at least one tooth portion and a neck portion, at least part of the neck portion of the swing arm head abuts against the wedge-shaped head of the at least one stop piece when the rotatable cover is subjected to the external force in the loosening direction” in claim 3).
In regards to claim 11 of the instant application, claims 12-13 in the U.S. Patent No. 12,116,238 B2 disclose: the elastic component being an elastic base that is connected to form an elastic ring base (“the elastic member is an elastic base or the elastic member is an elastic ring base composed of at least two elastic bases” in claim 12); and the swing arm and the elastic ring base cooperatively form a stretchable swing arm ring which is fixedly connected to the housing through the elastic ring base (“the swing arm elastic component is a retractable swing arm ring, the retractable swing arm ring comprises the elastic ring base and the at least one swing arm connected to the elastic ring base; and the at least one swing arm is connected to the housing by the elastic ring base” in claim 13).
Allowable Subject Matter
Claims 3-10, and 12-14 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, for the following reasons:
The prior art of record, either individually or in combination, fail to teach or render obvious, a lacing device having the specific structure recited within claims 3, 8-9, 12, and 14, because the prior art of record does not seem to disclose the exact collective structural/functional arrangement of said lacing device that is described by the intervening limitations in independent claim 1. Particularly, a lacing device comprising: a rotatable cover and a spool that are rotatably arranged within a housing so as to be rotatable relative to the housing; the rotatable cover including at least one gap; the housing including at least one stop piece with an anti-reverse head, and a swing arm elastic component having an elastic component and at least one swing arm with a swing arm head; the swing arm having a neck joint portion, and a tooth portion configured to engage the at least one gap of the rotatable cover when the at least one swing arm is in an original position and configured to disengage from the at least one gap when the swing arm deviates from the original position; the ani-reverse head of the at least one stop piece being arranged on a loosening side of the at least one swing arm so as to engage the swing arm head and contact the neck joint portion of the swing arm head; wherein, when the rotatable cover is subjected to an external force in a tensioning/winding direction (which wind a lace around the spool), the at least one stop piece and the elastic component of the at least one swing arm allow the displacement of the swing arm head of the at least one swing arm aways from the at least one gap of the rotatable cover, such that the tooth portion of the swing arm head disengages from the at least one gap and allows the rotatable cover to rotate in the tensioning direction relative to the housing; and wherein, when the rotatable cover is subjected to an external force in a loosening/unwinding direction (which unwind a lace from a spool), the neck joint portion of the sing arm head abuts against the anti-reverse head of the at least one stop piece (which prevents the at least one swing arm from displacing), such that the tooth portion of the swing arm head remain engaged with the at least one gap of the rotatable cover and prevents the rotatable cover from rotating in the loosening direction relative to the housing.
Burt et al. (U.S. PGPUB 2022/0265001 A1), Ha (U.S. PGPUB 20170325548 A1), Trudel et al. (U.S. PGPUB 2015/0076272 A1), Ha (U.S. PGPUB 2015/0313319 A1), Kruse et al. (U.S. PGPUB 2020/0346888 A1), Kruse (U.S. Patent 11,919,740 B2), and Duller (U.S. PGUB 2023/0248116 A1), looks to be the closest related prior art to applicant’s claimed invention. Where said prior art references propose, a lacing device comprising a housing, a spool, a rotatable cover, at least one gap, at least one stop piece with an ani-reverse head, and a swing arm elastic component that includes an elastic component and at least one swing arm with a swing arm head configured to selectively engage the at least one gap. However, following structural/function arrangement difference distinguishes applicant’s claimed lacing device described by claim 1 from the above of listed prior art: regarding to Burt et al, the at least one gap (gaps between teeth 123) in the lacing device (rotary closure 100) is provided to the housing (open housing 102) instead on the rotatable cover (dial 105), at least one stop piece (island 182) and the swing arm elastic component (index spring 104) in said lacing device is provided to the rotatable cover instead of the housing, the swing arm head of the at least east one swing arm (153 and 154) in said swing arm elastic component does not have a tooth portion and a neck joint portion, and the anti-reverse head of the at least one stop piece (second squared end 173 of the island 182) in said lacing device is not designed to abut the swing arm head of the at least one swing arm (distal end portions of the first and second index spring arms 153 and 154) to prevent the rotation of the rotatable knob in a loosening direction; regarding to Ha-548, the at least one gap (gaps between the teeth of the ratchet gear 311) in the lacing device (wire tightening apparatus 300) is provided to the housing (housing part 310) instead on the rotatable cover (cover part 370), the at least one stop piece (auxiliary elastic pieces 345 on the external restriction part 340) and the swing arm elastic component (internal restriction part 350) in said lacing device is not part of the housing (instead the external restriction part 340 and the internal restriction part 350 are part of the rotation restriction part 330, which is another distinct component from the housing part 310), the at least one stop piece in said lacing device does not have an anti-reverse head, and the at least one stop piece in said lacing device is not designed to prevent the disengagement/displacement of the swing arm head of the at least one swing arm (toothed end portions of the ratchet coupling portions 350c) from the at least one gap when the rotatable knob attempts to rotate in a loosening direction; regarding Trudel et al, the at least one gap (gaps between the teeth 842) in the lacing device (reel assembly 800) is provided to a component (rotation control component 846) that is not part of the rotatable cover (upper knob 802 and lower knob 810), the swing arm elastic component (pawls 820 and friction component 830) in said lacing device is not part of the housing (housing 840 and base member 860), and the swing arm elastic component in said lacing device does not include an elastic component; regarding Ha-319, the at least one gap (gaps between the teeth of the ratchet-type gear 62) in the lacing device (wire clamping device 100) is provided to the housing (housing part 6) instead on the rotatable cover (rotating cover 10), the swing arm elastic component (cam base part 50) in said lacing device does not include an elastic component that is different from the at least one swing arm (wing units 52a of the ratchet coupling parts 52 of the cam base part 50) having the swing arm head (toothed distal end positions of the ratchet coupling parts 52 of the cam base part 50), and the at least one stop piece (pressing protrusions 25 of the cam driving unit 20) and the at least one swing arm in said lacing device are provided to a component (cam driving unit 20 and cam base part 50) that is not part of the housing; regarding Kruse-888 and Kruse-740, the at least one gap (depressions between the teeth 118) in the lacing device (reel based closure device 100) is provided to the housing (housing 110) instead on the rotatable cover (knob 102), and the anti-reverse head of the at least one stop piece (first portions/arms 105b of the 105b of the knob core 105) in said lacing device is designed to disengage/displace the tooth portion/swing arm head of the at least one swing arm (teeth 143 of the pawl 142 of the pawl disc 140) away from the at least one gap when the rotatable cover rotates in a loosening direction; regarding Duller, the at least one gap (depressions between the teeth 118) in the lacing device (reel based closure device 100) is provided to the housing (housing 110) instead on the rotatable cover (knob 102), and the anti-reverse head of the at least one stop piece (clips 148) in said lacing device is not designed to prevent the disengage/displace the tooth portion/swing arm head of the at least one swing arm (pawl teeth 144 of the pawl arms 145) away from the at least one gap when the rotatable cover rotates in a loosening direction. Accordingly, when the limitations in claims 3, 8-9, 12, and 14 are considered along with the suspending limitations in parent claim 1 (and when they are also viewed in light of applicant’s specification), said limitations appear to contain allowable subject matter over the cited prior art references.
Claims 4-7 depends from claim 3, claim 10 depends from claim 9, while claim 13 depends from claim 12. Subsequently, claims 4-7, 10, and 13 also include the above noted allowable subject matter in corresponding parent claims 3, 9, and 12.
Claim 15 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(a) and 35 U.S.C. 112(b), set forth in this Office action, for the following reasons:
The prior art of record, either individually or in combination, also fail to disclose or conceive, a lacing device having the precise collective structure recited by independent claim 15. In particular, a lacing device comprising: a rotatable cover and a spool that is rotatably arranged within a housing so as to be rotatable relative to the housing; the housing including at least one gap; the rotatable cover including at least one stop piece with a anti-reverse head, and at least one swing arm elastic component having an elastic component and a swing arm with a swing arm head; the swing arm having a neck joint portion, and a tooth portion configured to engage the at least one gap of the housing when the at least one swing arm is in an original position and configured to disengage from the at least one gap when the swing arm deviates from the original position; the ani-reverse head of the at least one stop piece being arranged on a tensioning side of the at least one swing arm so as to engage the swing arm head and contact the neck joint portion of the swing arm head; wherein, when the rotatable cover is subjected to an external force in a tensioning/winding direction (which wind a lace around the spool), the at least one stop piece and the elastic component of the at least one swing arm allow the displacement of the swing arm head of the at least one swing arm aways from the at least one gap of the housing, such that the tooth portion of the swing arm head disengages from the at least one gap and allows the rotatable cover to rotate in the tensioning direction relative to the housing; and wherein, when the rotatable cover is subjected to an external force in a loosening/unwinding direction (which unwind a lace from a spool), the neck joint portion of the sing arm head abuts against the anti-reverse head of the at least one stop piece (which prevents the at least one swing arm from displacing), such that the tooth portion of the swing arm head remain engaged with the at least one gap of the housing and prevents the rotatable cover from rotating in the loosening direction relative to the housing.
As set forth above, Burt et al, Ha-548, Trudel et al, Ha-319, Kruse-888, Kruse-740, Duller, and all other analogues/applicable prior art identified by the examiner, does not propose a swing arm elastic component and at least one stop piece in a lacing device having the exact cooperative structural/functional configuration as in applicant’s claimed invention. For example, following structural/function arrangement differences distinguishes applicant’s claimed lacing device described by claim 15 from the above listed prior art: regarding Burt, the anti-reverse head of the at least one stop piece (second squared end 173 of the island 182) in the lacing device (rotary closure 100) is not designed to abut the neck joint portion/swing arm head of the at least one swing arm (distal end portions of the first and second index spring arms 153 and 154) so as to keep the swing arm head engaged with the at least one gap (gaps between teeth 123) of the housing (open housing 102) and to prevent the rotation of the rotatable knob (dial 105) in a loosening direction, and said least one swing arm (first and second index spring arms 153 and 154) does not have a tooth portion and a neck joint portion; regarding to Ha-548, the at least one stop piece (auxiliary elastic pieces 345 on the external restriction part 340) and the swing arm elastic component (internal restriction part 350) in the lacing device (wire tightening apparatus 300) are not provided to or part of the rotatable cover (cover part 370) (instead the external restriction part 340 and the internal restriction part 350 are part of the rotation restriction part 330, which is another distinct component from the cover part 370), and the at least one stop piece in said lacing device is not designed to prevent the disengagement/displacement of the tooth portion/swing arm head of the at least one swing arm (toothed end portions of the ratchet coupling portions 350c) from the at least one gap (gaps between the teeth of the ratchet gear 311) of the housing (housing part 310) when the rotatable cover attempts to rotate in a loosening direction; regarding Trudel et al, the at least one gap (gaps between the teeth 842) in the lacing device (reel assembly 800) is provided to a component (rotation control component 846) that is not part of the housing (housing 840), the swing arm elastic component (pawls 820 and friction component 830) in the lacing device (reel assembly 800) is not provided to or part of the rotatable cover (upper knob 802 and lower knob 810), and the swing arm elastic component in said lacing device does not include an elastic component; regarding Ha-319, the swing arm elastic component (cam base part 50) in the lacing device (wire clamping device 100) does not include an elastic component that is different from the at least one swing arm (wing units 52a of the ratchet coupling parts 52 of the cam base part 50) having the swing arm head (toothed distal end positions of the ratchet coupling parts 52 of the cam base part 50), and the at least one stop piece (pressing protrusions 25 of the cam driving unit 20) and the at least one swing arm elastic component in said lacing device are provided to a component (cam driving unit 20 and cam base part 50) that is not part of the rotatable cover (rotating cover 10); regarding Kruse-888 and Kruse-740, the anti-reverse head of the at least one stop piece (first portions/arms 105b of the 105b of the knob core 105) in the lacing device (reel based closure device 100) is designed to disengage/displace the tooth portion/swing arm head of the at least one swing arm (teeth 143 of the pawl 142 of the pawl disc 140) away from the at least one gap (depressions between the teeth 118) of the housing (housing 110) when the rotatable cover (knob 102) rotates in a loosening direction; regarding Duller, the anti-reverse head of the at least one stop piece (clips 148) in the lacing device (reel based closure device 100) is not designed to prevent the disengage/displace the tooth portion/swing arm head of the at least one swing arm (pawl teeth 144 of the pawl arms 145) away from the at least one gap (depressions between the teeth 118) of the housing (housing 110) when the rotatable cover (knob 102) rotates in a loosening direction. Thus, claim 15 limitations appear to contain allowable subject matter over the cited prior art references; specially when said limitations are considered in light of applicant’s specification.
Claims 16-20 looks to be allowable over the prior art of record for the following reasons:
The prior art of record, either individually or in combination, fail to teach or suggest, an anti-reverse mechanism of a lacing device having the exact cooperative structural and functional configuration recited by independent claim 16. As detailed above, the prior art lacing device anti-reverse mechanisms identified by the examiner, does not comprise a swing arm elastic component that collectively includes an elastic component and an at least one swing arm connected to said elastic component, and at least one stop piece that is provided to the same part as said at least one swing arm elastic component; wherein, neck joint portion on a swing arm head of the at least one swing arm abuts against am anti-reverse head of the at least one stop piece (which prevents the at least one swing arm from displacing) when an at least one rotatable gap is subject to an external force in a lace loosening/unwinding direction, such that a tooth portion on the swing arm head remain engaged with the at least one rotatable gap and prevents said at least one rotatable gap from rotating in said lace loosening direction.
As explained above, Burt et al, Ha-548, Trudel et al, Ha-319, Kruse-888, Kruse-740, and Duller), looks to be the closest related prior art to applicant’s claimed invention. Where said prior art propose, a lacing device anti-reverse mechanism including at least one gap, at least one stop piece with an anti-reverse head, and a swing arm elastic component having an elastic component and at least one swing arm with a swing arm head configured to selectively engage said at least one gap. Nevertheless, none of the applicable/analogous prior art identified by the examiner, explicitly disclose nor render obvious, at least one gap in a lacing device anti-reverse mechanism being design to rotate, at least one stop piece in said lacing device anti-reverse mechanism being located on the same part/component as a swing arm elastic component in said lacing device, the rotation of the at least one gap in a loosening direction being prevented due to an anti-reverse head of the at least one stop piece pressing against a neck joint portion on a swing arm head of the at least one swing arm (which restricts displacement of the at least one swing arm away from the at least one gap, such that a tooth portion on the swing arm head always remain engaged with the at least one gap). Therefore, claim 16 limitations appear to contain allowable subject matter over the cited prior art references; specially when said limitations are viewed in light of applicant’s specification.
Claims 17-20 depends from claim 16. Subsequently, claims 17-20 also include the above noted allowable subject matter in parent claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the attached PTO-892 for complete list of pertinent prior art references made of record by the examiner.
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/R.J.D./Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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