DETAILED ACTION
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 1-3 are rejected under 35 U.S.C. 102a(1) as being anticipated by Pozzobon, US 4719710. Regarding claim 1, Pozzobon discloses a fastening assembly applied to a sports boot provided with a pair of flaps (see annotated drawing) that are movable toward each other and away from each other. The assembly comprising a traction cable (5) including a first end portion (see annotated drawing) adapted to be connected to a flap of the pair of flaps at a cable connection point and including at least a middle portion that is associable with the other flap of the pair of flaps (see annotated drawing). And, a reel-based tightening device comprising a winding mechanism (at 1 and 30) comprising a reel with which a second end portion of the traction cable is associated. The reel being rotatable around a first rotation axis such that tension of the traction cable increases with rotation of the reel in a first direction (see annotated drawing). Wherein, the reel-based tightening device connected to a flap of the pair of flaps through a pivot shaft defining a second rotation axis (see annotated drawing), distinct and separate from the first rotation axis, around which the reel-based tightening device can oscillate. In use, a distance between the first rotation axis and the cable connection point varying with the oscillation of the reel-based tightening device in an event of an impact on the reel-based tightening device, i.e., the device is capable of performing this function (see annotated drawing on the subsequent page).
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Regarding claim 2, Pozzobon discloses, when the element (13) supporting and connecting the reel based tightening device to the flap is closed on the flap, the first rotational axis is essentially orthogonal to a back surface of the flap. The second rotational axis is essentially orthogonal to the side surfaces of the flap when the element is open and closed. The side surfaces and back surface of the flap are all one surface.
Regarding claim 3, Pozzobon discloses the first rotation axis is spaced from the second rotation axis and is located outside the overall dimensions of the winding mechanism (1, 30, see the above annotated drawing).
Allowable Subject Matter
Claims 4-11 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.
Claims 12-14 are allowed.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 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.
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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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