Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1, 2, 5-7, 9, 11-18, and 20 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Passke (2005/0132606).
Passke shows an article of footwear and inherent method of using an article of footwear comprising:
A fluid system comprising:
a foot-activated pump (160) located in a forefoot portion of the article of footwear;
a first fluid line (140) for supplying incoming fluid to the foot-activated pump;
a first one way valve (150) configured to allow fluid to flow through the first fluid line into the foot-activated pump but inhibit fluid from flowing out of the foot-activated pump through the first fluid line;
a fluid chamber (190) located in a heel portion of the article of footwear;
a second fluid line (170) for moving fluid from the foot-activated pump to the fluid chamber; and
a second one way valve (180) located downstream of the foot-activated pump and upstream of the fluid chamber, wherein the second one way valve is configured to allow fluid to flow into the second fluid line from the foot-activated pump but inhibit fluid from flowing through the second fluid line into the foot-activated pump as claimed.
In reference to claims 2, 7, and 15, Passke shows a filter (130).
In reference to claims 5 and 13, the tube (140) shown by Passke is considered to be inherently flexible inasmuch as applicant has claimed such.
In reference to claim 6, Passke shows an upper (110) and sole (120) and fluid system (as noted above.
In reference to claims 11, 16, and 17, Passke shows a midsole (122) and the chamber is located therein.
In reference to claims 14-18, see column 4 lines 14-42.
In reference to claim 20, by use of the specific valves, the pressure has a set maximum limit inherently.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3, 4, 8, 10, 12, and 19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Passke in view of Doyle (2002/0035794).
Passke shows an article of footwear and method substantially as claimed except for a pressure release valve. Doyle teaches providing a pressure release valve (46, 48, or 50) in fluid lines (52, 54, or 56) downstream from a fluid chamber (58, 60, or 62). It would have been obvious to provide a fluid line and pressure release valve as taught by Doyle downstream from the fluid chamber in Passke to allow the user to easily adjust the desired pressure of the fluid chamber.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Conclusion
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). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. 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.
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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In order to avoid potential delays, Technology Center 3700 is encouraging FAXing of responses to Office Actions directly into the Center at (571)273-8300 (FORMAL FAXES ONLY). Please identify Examiner Marie Bays of Art Unit 3732 at the top of your cover sheet.
Any inquiry concerning the MERITS of this examination from the examiner should be directed to Marie Bays whose telephone number is (571) 272-4559. The examiner can normally be reached from Mon-Thurs 6-4. Alternatively if the Examiner cannot be reached, please contact the Examiners SPE Alissa Tompkins at 571-272-3425.
/MARIE D BAYS/Primary Examiner, Art Unit 3732