DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/7/2026 has been entered based on RCE dated 2/9/2026.
Response to Amendment
Applicant’s amendment and corresponding arguments, filed 2/7/2026, have been reviewed and considered. Claims 1, 11 and 16 have been amended and claims 20-22 have been added. Therefore, claims 1, 3-14 and 16-22 are currently pending wherein claims 3-9, 11-14 and 16-18 have been previously withdrawn. Applicant’s amendment to independent claim 1 is considered sufficient in overcoming the prior art rejection(s) of the previous Office Action. This Office Action is a Non-Final Rejection based on the filing of the RCE dated 2/9/2026.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 10 and 20-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by PETERNEL (WO 2024/049359 A1).
Regarding claim 1, PETERNEL discloses a hands-free shoehorn device, comprising: a base (1) (Fig. 1); a vertical support (1’) coupled to the base (1) and extending vertically from the base (1) (Fig. 1); a shoehorn (4, 5, 6e) coupled to (at 6d) the vertical support (1’) and extending toward the base (1) (different portions of the shoehorn extend towards the base depending on the position thereof) (Figures 1 and 3); a shoe support (2) coupled to the base (1) and having a length fully capable of functioning to support both a heel portion and a toe portion of a shoe (Figures 1 and 3) (note that even if a toe portion of the shoe is not located above the support 2, the support 2 would still be supporting the toe portion as shown in at least figures 3d and 3e) (additionally, a heel portion of the shoe could be functionally located at the rear of the support around element 3 so that a toe portion of the shoe would be above the support 2); and a pivot (6a) upon which the shoe support (2) is pivotable to vertically move one end of shoe support (2), the pivot (6a) having a fixed position relative to the base (1) (Figures 1 and 3); wherein at least a portion of the shoe support (2) is vertically movable toward the shoehorn (4, 5, 6e) by pivoting the shoe support (2) upon the pivot (6a) (Figures 1 and 3); and an entirety of the length of the shoe support (2) rotates about the fixed position by pivoting the shoe support (2) upon the pivot (6a) (Figures 1 and 3).
Regarding claim 10, PETERNEL discloses the shoehorn (4, 5, 6e) being resiliently deformable based on at least element 6e being “elastic” (Page 4) (Fig. 1).
Regarding claim 20, PETERNEL discloses the shoe support (2) being configured to rotate about the fixed position of the pivot (6a) to move between opposite directions of inclination relative to the base (1) (Figures 1 and 3).
Regarding claim 21, PETERNEL discloses the shoe support (2) being functionally capable of pivoting in opposite directions about the pivot (6a) in response to forces applied at opposite longitudinal ends of the shoe support (2) (Figures 1 and 3).
Regarding claim 22, PETERNEL discloses the shoe support (2) being functionally capable of pivoting bidirectionally in response to user-applied forces at each of opposite ends of the shoe support (2) (Figures 1 and 3).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 10 and 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over JANG (KR 10-2006-0068623) in view of PARK (KR 102586764 B1).
Regarding claims 1 and 20-22, JANG discloses a hands-free shoehorn device, comprising: a base (111) (Fig. 5); a vertical support (121) coupled to the base (111) and extending vertically from the base (111) (Fig. 5); a shoehorn (127) coupled to the vertical support (121) and extending toward the base (111) (Fig. 5); a shoe support (131) coupled to the base (111) and configured to support a shoe (1) (Fig. 5); and a pivot (132) upon which the shoe support (131) is pivotable to be capable of functioning to vertically move one end of shoe support (131), the pivot (132) having a fixed position relative to the base (111) (Fig. 5); wherein at least a portion of the shoe support (131) is capable of functioning to be vertically movable toward the shoehorn (127) by pivoting the shoe support (131) upon the pivot (132); and an entirety of a length of the shoe support (131) rotates about the fixed position by pivoting the shoe support (131) upon the pivot (132) (Fig. 5). However, JANG fails to disclose the shoe support (131) having a length configured to support both a heal portion and a toe portion of a shoe.
PARK discloses a shoehorn device comprising a shoe support (300) having a length configured to support both a heal portion and a toe portion of a shoe wherein the entire length of the shoe support (300) rotates about a pivot (200) located between the ends of the shoe support (300) (Figures 1-8). Note that the shoe support (300) of PARK is pivotable in opposite directions (bi-directionally) about the pivot (200) in response to forces applied at opposite ends of the shoe support (Figures 3-7). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the shoe support of JANG with a greater length and a more inner pivot position, in light of the teachings of PARK, in order to give a user greater control of movement of the shoe support for more easily applying the shoe to the user’s foot.
Regarding claim 10, JANG discloses the shoehorn (127) being resiliently deformable (note that element 127 is resiliently flexible to allow a user to push his or her foot down into the shoe as described in the spec and shown in figures) (Figure 5).
Regarding claim 19, JANG discloses the shoehorn (127) having a fixed orientation relative to the vertical support (121) (Fig. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa J Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
NED
/NATHAN E DURHAM/Primary Examiner, Art Unit 3732