Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 22, 24-35, 37, 38, and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Habrovansk (5072528).
Habrovansk shows A footbed for guiding a user to place footbed accessories, the footbed comprising a flexible elongate body (2) configured to support an underside of a foot, the body having:
an upper surface (the bottom shown in figure 3, it is noted that this would inherently be the upper surface, see cited reference to Goldstein 3126650 which shows how a conventional footbed similar to Habrovansk is oriented, see figure 7) configured to support the underside of the foot; and
a lower surface opposed to the upper surface (the top as shown in figure 3),
wherein the lower surface comprises a footbed accessory region (region where accessory 3 is located between 21a and 21b) providing a visual indication for placement of a footbed accessory within the footbed accessory region,
wherein the footbed accessory region is not recessed (see figure 3), such that a surface of the footbed accessory region is level with the lower surface of the footbed surround the footbed accessory region and the surface of the footbed accessory region is not recessed within the footbed;
wherein the footbed accessory region is defined by a recessed portion (21a and 21b) surrounding the footbed accessory region as claimed.
In reference to claims 24 and 25, the recessed region is shown as completely surrounding the accessory region (region between 21a and 21b).
In reference to claim 26, elements 21a and 21b are considered to be a line.
In reference to claims 27, 28, 37, and 38 the forefoot area and accessory between 21a and 21b is considered to be a first footbed accessory region and the midfoot area and accessory between 21a and 21b is considered to be a second footbed accessory region and the regions are contiguous.
In reference to claims 29-34, the footbed accessory region of Habrovansk is shown to be around the complete periphery of the footbed and therefore is in the forefoot, medial, lateral, midfoot, heel, and extends across the entire width at the frontmost area and rearmost areas.
In reference to claims 35 and 40, see above and element 3 is considered to be a footbed accessory.
Allowable Subject Matter
Claims 36 and 39 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 22, 24-35, 37, 38, and 40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
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/MARIE D BAYS/Primary Examiner, Art Unit 3732