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
Applicant’s election without traverse of Species II in the reply filed on 11/6/25 is acknowledged.
Claim 17 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/6/25.
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 28 and 29 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.
Claim 28 is functional, vague, and indefinite in that it is not clear what further limitations applicant intends to encompass with such language. It is not clear what “means” or if a “means” for performing this function is intended to be encompassed.
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) 16, 18, 31, 33, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatfield (11684109).
Hatfield shows A shoe comprising:
an upper (16A); and
a heel element (16B) arranged at least partially overlapping with at least a part of the upper, wherein:
the heel element is configured to envelop at least a part of a heel of a wearer of the shoe (see figures),
the heel element is movable with respect to the upper (see figures 1 and 2),
the heel element is coupled to a lace (200) of the shoe, and
the heel element comprises a fulcrum (90A and B) configured to provide a lever for moving the heel element relative to the upper when the wearer pulls the lace as claimed.
In reference to claim 18, see figures 11 and 12.
In reference to claim 31, see figure 3.
In reference to claim 33, see 90 A and B.
In reference to claim 35, see figure 1 and other figures.
Claim(s) 16, 18, 19-32, 34, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clements (5943793).
Clements shows A shoe comprising:
an upper (12 and 16); and
a heel element (20) arranged at least partially overlapping with at least a part of the upper, wherein:
the heel element is configured to envelop at least a part of a heel of a wearer of the shoe (see figures),
the heel element is movable with respect to the upper (see column 2 lines 49-53),
the heel element is coupled to a lace (24) of the shoe, and
the heel element comprises a fulcrum (38/42) configured to provide a lever for moving the heel element relative to the upper when the wearer pulls the lace as claimed.
In reference to claims 18 and 19, see figure 2.
In reference to claims 21 and 22, see figure 1B.
In reference to claims 23-30, Clements shows eyelets (11) on the upper, a fulcrum (38) on the heel elements and guides (42) on the heel element with a lace (24) as claimed.
In reference to claims 31, 32, and 34, the lace (24) is shown a going from eyelets (11) to the fulcrum (38).
In reference to claim 35, see column 2 lines 31-53.
Claim(s) 16, 18-25, and 33-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farys (2004/0250452).
Farys shows A shoe comprising:
an upper (30); and
a heel element (20/21) arranged at least partially overlapping with at least a part of the upper, wherein:
the heel element is configured to envelop at least a part of a heel of a wearer of the shoe (see figures),
the heel element is movable with respect to the upper (see figures which show space between the elements),
the heel element is coupled to a lace (27) of the shoe, and
the heel element comprises a fulcrum (26, see figure 2) configured to provide a lever for moving the heel element relative to the upper when the wearer pulls the lace as claimed.
In reference to claims 18-22, see figures.
In reference to claims 23-25, see figure 2 which shows additional elements 26 which are considered to be fulcrums and guides as claimed.
In reference to claims 33 and 34, see figures 2 and 3 which show fulcrums/guides on both the medial and lateral sides.
In reference to claim 35, see figures which show space between the upper (30) and heel element (20) and therefore inherently the heel element is capable of articulating forward as claimed.
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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/MARIE D BAYS/Primary Examiner, Art Unit 3732