Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 16 - 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on September 3, 2025.
Applicant’s election without traverse of Group I, claims 1 - 15, in the reply filed on September 3, 2025 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: an immobilizing “element” movable in translation between an immobilizing position and a release position in claim 1 (lines 3 - 4).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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.
Claim limitation “immobilizing element movable in translation” (claim 1, lines 3 - 4) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure does not provide a clear description of the structural components required for the immobilizing function when the element is movable in translation between an immobilizing position and a release position. It is noted that paragraph [0049] discloses that the immobilizing element (20) comprises a lug; however, the lug is not clearly described as providing the immobilizing feature. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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) 1 - 11 and 15, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cima et al., US 2020/0205509.
Regarding claim 1, Cima discloses a locking device [for locking a rotary articulation (4) between a lower shell (2) and a cuff (3) of a ski boot (1)], comprising: an immobilizing element (11) movable in translation between an immobilizing position (figures 1 - 4) and a release position (figures 5 - 8), a blade (40) comprising a stop surface (at 41) intended to interact (via element 10) with the immobilizing element (11) [so as to lock the rotary articulation (4) when the immobilizing element (11) is in the immobilizing position], a lever (20) [intended to be manipulated by a user], the lever (20) being movable between a locking position (the figures 1 - 4) and an unlocking position (the figures 5 - 8), a toggle (12) mounted rotatably about a first axis of rotation (about an axis of a shaft 41), the toggle (12) comprising a first bearing surface (having a groove to bear against an end 31 of a spring 30) and a second bearing surface (a surface of 10 having the element 11) opposite the first bearing surface (see figure 4) with respect to the first axis of rotation (of 41), the lever (20) being configured to exert a thrust against the first bearing surface (proximal to 31) so as to cause the toggle (12) to pivot about the first axis of rotation (of 41), the second bearing surface being configured to exert a thrust against the immobilizing element (11) so as to move the immobilizing element (11) between the immobilizing position (figure 4) and the release position (figure 8).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the locking device, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the locking and unlocking device disclosed by Cima (US 2020/0205509) or Viniero (US 2013/0097892), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, Cima discloses the locking device as claimed in claim 1, further comprising a return means (30) comprising a first end (32) and a second end (31) opposite to the first end, the first end (32) being in contact with the lever (20), the second end (31) being in contact with the first bearing surface (groove) of the toggle (12), the return means (30) being configured to be placed under tension temporarily when the lever (20) is moved between the locking position (figure 4) and the unlocking position (figure 8).
Regarding claim 3, Cima discloses the locking device as claimed in claim 1, wherein the immobilizing element (11) comprises a recess (see an annotated figure 4 below), and wherein the second bearing surface of the toggle (12) is in contact with an edge of the recess (see the annotated figure 4).
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Regarding claim 4, Cima discloses the locking device as claimed in claim 1, wherein the lever (20) is movable in rotation about a second axis (of 42) of rotation between the locking position (figure 4) and the unlocking position (figure 8), the second axis of rotation (of 42) being parallel to the first axis of rotation (of 41).
Regarding claim 5, Cima discloses the locking device as claimed in claim 1, wherein the blade (40) is mounted rotatably about a third axis of rotation (about an axis of 43), [the blade (40) being intended to pivot about the third axis of rotation (of 43) when the immobilizing element (11) is in the release position (figure 8) and the cuff (3) pivots relative to the lower shell (2), the third axis of rotation (of 43) being parallel to the first axis of rotation (of 41)].
Regarding claim 6, Cima discloses the locking device as claimed in claim 1, comprising a casing (the collar having an opening 8) [intended to be attached to the cuff or to the lower shell], the casing (see figure 1) comprising a guide (see the guided passageway of the collar at its lower end for the rocker 10 in figure 1) designed to guide the immobilizing element (11) in translation between the immobilizing position (figure 4) and the release position (figure 8).
Regarding claim 7, Cima discloses the locking device as claimed in claim 6, wherein the casing (the collar) further comprises at least one guide (the collar portion that is covering the blade 40 and proximal to the opening 8) designed to guide the blade (40) in translation relative to the casing [when the cuff (3) pivots relative to the lower shell (2)].
Regarding claim 8, Cima discloses the locking device as claimed in claim 6, further comprising a first shaft (41) extending along the first axis of rotation, the casing (the collar) comprising two opposite lateral flanks (of the collar; see the openings 9 in the figure 1) supporting the first shaft (41).
Regarding claim 9, Cima discloses the locking device as claimed in claim 1, wherein the immobilizing element (11) is movable (in a direction that is into the shell 2 and into a groove 7 of the boot) in translation parallel to a fourth axis (a direction into the heel of the boot 1) between the immobilizing position (figure 4) and the release position (figure 8), and wherein the blade (40) moves (along the length of the blade 40) in a plane substantially perpendicular to the fourth axis [when the cuff pivots relative to the lower shell].
Regarding claim 10, Cima discloses the locking device as claimed in claim 1, wherein the immobilizing element (11) comprises a first guide surface (near 41) and the blade (40) comprises a second guide surface (near 41), the first guide surface interacting with the second guide surface (see figures 4 and 8) so as to guide the movement of the blade (40) relative to the immobilizing element (11) [when the immobilizing element is in the release position (figure 8) and the cuff pivots relative to the lower shell].
Regarding claim 11, Cima discloses the locking device as claimed in claim 10, wherein the blade (40) comprises a groove (a hole for the shaft 41), and wherein the second guide surface (near 41) is formed by at least one edge of the groove (see figure 3).
Regarding claim 15, Cima discloses a ski boot (1) comprising: a lower shell (2), a cuff (3) articulated rotatably to the lower shell (2), and a locking device (5) as claimed in claim 1.
Claim(s) 1 and 12 - 14, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viniero et al., US 2013/0097892.
Regarding claim 1, Viniero discloses a locking device [for locking a rotary articulation (14) between a lower shell (8) and a cuff (12) of a ski boot (4)], comprising: an immobilizing element (80) movable in translation between an immobilizing position (figure 3) and a release position (a walking configuration), a blade (20) comprising a stop surface (28) intended to interact with the immobilizing element (80) [so as to lock the rotary articulation when the immobilizing element (80) is in the immobilizing position], a lever (88) [intended to be manipulated by a user], the lever (88) being movable between a locking position (the skiing configuration) and an unlocking position (the walking configuration), a toggle (40) mounted rotatably about a first axis of rotation (about the pin 64), the toggle (40) comprising a first bearing surface (on one end) and a second bearing surface (on another end opposite to the first bearing surface) opposite the first bearing surface (see figures 4a - 4c) with respect to the first axis of rotation (that is parallel to a rotation axis X-X), the lever (88) being configured to exert a thrust against the first bearing surface (on the end with cam 92) so as to cause the toggle (40) to pivot about the first axis of rotation (of 64), the second bearing surface (distal to the cam 92; figure 4b) being configured to exert a thrust against the immobilizing element (80) so as to move the immobilizing element (80) between the immobilizing position (figure 3; when the element 80 is engaged in the hole 84) and the release position (the walking configuration; when the element 80 is removed from the hole 84 of the blade 20).
Regarding claim 12, Viniero discloses the locking device as claimed in claim 1, wherein the immobilizing element (80) comprises a lug (a peg), and wherein the blade (20) comprises a first opening (84) having a shape complementary to a shape of the lug (80), the lug (80) interacting with the first opening (84) when the immobilizing element (80) is in the immobilizing position (an extracted position of the element 80).
Regarding claim 13, Viniero discloses the locking device as claimed in claim 12, comprising a casing (44) provided with a wall (surrounding wall portion), the blade (20) being intended to move relative to the wall (see figures 4a - 4c) [when the cuff pivots relative to the lower shell], the wall (of 44) comprising a second opening (74), the lug (80) being positioned in the second opening (see figure 4b) when the immobilizing element (80) is in the immobilizing position.
Regarding claim 14, Viniero discloses the locking device as claimed in claim 12, wherein the immobilizing element (80) comprises a first portion (the peg 80 itself) adapted to interact with the first opening (84) [so as to lock the rotary articulation between the cuff and the lower shell when the immobilizing element is in the immobilizing position], and a second portion (92) having at least one flat face (96) forming a first guide surface (see figure 6c) interacting with a second guide surface (on the blade 20) of the blade (figure 6c) [so as to guide the movement of the blade (20) relative to the immobilizing element (80) when the immobilizing element (80) is in the release position and the cuff (12) pivots relative to the lower shell (8)].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677