DETAILED ACTION
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.
Claims 1-10 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.
Regarding claims 1, and all the claims which depend from claim 1, lines 2-3 are indefinite. The limitation states that “a pair of flaps to be moved mutually towards/away”. The scope of the limitation is not determinable with regard to what the flaps are moving toward or away from.
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.
Claims 1-5 and 10 are rejected under 35 U.S.C. 102a(1) as being anticipated by Capra, US 9516923. Capra discloses a reel-based tightening device (402, female part, 404 male part connected together) “adapted to be connected to a flap of the pair of flaps” through pivot means (figure 4H, 403c, riveted or snapped through aperture 403c, column 12, lines 18-25) defining a second rotation axis, i.e., it is known that two
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parts connected via a rivet can rotate relative to one another about the rivet’s central axis. This axis is offset relative to the first rotation axis of the reel based tightening device (410). Capra’s device includes a traction cable (408) “adapted to be connected” with a first end portion to a flap and associated with the other flap of the pair of flaps. Please see annotation of figure 4A.
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Regarding claim 2, Capra discloses the first and second rotation axes extend essentially orthogonal to the surface of the flap (see annotated figure 4A on the previous page).
Regarding claim 3, Capra discloses the second rotation axis being spaced from the first rotation axis so as to be located outside the overall dimensions of the winding mechanism.
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Regarding claim 4, Capra discloses a first mounting through-hole for receiving a rivet to mount the base of the reel-based mounting device.
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Regarding claim 5, Capra discloses a containment shell (404) to be coupled to the mounting base (402) to support an actuation means (knob, 410) connected to the reel (column 11, lines 17-26). Capra also discloses channels/side openings to allow sliding passage of the traction cable.
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Regarding claim 10, Capra discloses a sports article, i.e., the device can be worn while playing sports to protect the wearer from injury.
Allowable Subject Matter
Claims 6-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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