DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on January 14, 2026 in which claims 1-8 and 10-15 are presented for examination. Claim 9 have been withdrawn.
Election/Restrictions
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on January 14, 2026.
The Applicant’s traversal of the restriction requirement is on the grounds that the subject matter contained within the various species and claims do not present a search burden for the Examiner. This is not found to be persuasive because various claims could be found outside the scope of invention and could therefore be deemed a search burden for the examiner. Additionally, it should also be noted that the elected species possesses different structural elements that are not required in the non-elected species, further differentiating the inventions and prior art that may be applicable to one species might not be applicable to another.
In this case, claim 9 recites the receiving channel as being a slit in the upper side of the support plate, the slit being at least partially coverable by a cover element in a radial direction to the longitudinal slit axis, which is disclosed on page 15 paragraph 2, “According to the embodiment shown in Fig. 8, the receiving channel 26 can also be configured as a slit 27 in the upper side 25 of the support plate 3, in particular in the material of the support plate 3. This slit-like receiving channel 26 enables a simple insertion of a tensioning cable 5, especially if the tensioning cable 5 is configured as a closed loop 24 (for example according to Fig. 4 or 5) outside of the winding device 4. According to an expedient further embodiment, this slit 27 can be at least partially coverable by a cover element 28 in radial direction to the longitudinal slit axis 29. The at least one cover element 28 can thereby be positively connectable with the support plate 3 by means of at least one latch coupling 35.”, therefore, claim 9 recites features that are not required in elected species (Species B, figure 3-7).
The requirement is still deemed proper and is therefore made FINAL.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Such claim limitation(s) are: “fastening means” (claims 1, 6, 7, 8, 14), “corresponding anchoring means” (claims 1, 14), “connection means” (claim 2), “deflection means” (claim 7).
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) are: “coupling element” (claim 11), “load distribution element” (claim 12).
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 2-4, 6-7, 10-11 and 14-15 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 pre-AIA the applicant regards as the invention.
Claim 2 recites “said connection means preferably being provided to pass through corresponding pairs of first and second openings”, which is indefinite since the term “preferably” makes it unclear if the connection means is required to be provided to pass through corresponding pairs of first and second openings. Examiner suggests using claim language that clearly defines the structures being claimed.
Claim 3 recites “wherein the winding device is positioned at the third corner and this third corner is located between the first and second corners with the fastening means if a normal intersects the third corner on a straight line connecting the first and second corners”, which is indefinite since it is unclear as to what the limitation “if a normal intersects the third corner on a straight line connecting the first and second corners”, is intending to claim. Examiner suggests using claim language that clearly defines the structures and how the structures relate to one another.
Claim 4 recites “a tear-proof manner”, which is indefinite since it is unclear as to the metes and bounds are as to what constitutes “a tear-proof manner”.
Claim 4 recites “preferably by means of at least three screws or rivets”, which is indefinite since the term “preferably” makes it unclear if means are required to be at least three screws or rivets. Examiner suggests using claim language that clearly defines the structures being claimed.
Claim 6 recites “wherein at least one of the two fastening means”, there is insufficient antecedent basis for this limitation in claim. While claim 1 recites “at least one fastening means”, there is no limitation in claim 1 that introduces two fastening means, therefore the limitation “the two fastening means” lack antecedent basis.
Claim 6 recites “for at least one, in relation to the winding device (4), distal end of the at least one tensioning cable”, which is indefinite since it is unclear as to what the limitation “for at least one, in relation to the winding device, distal end of the at least one tensioning cable”, is intending to claim. Examiner suggests using claim language that clearly defines the structures and how the structures relate to one another.
Claim 6 recites “the distal ends of a first and a second tensioning cable of the winding device”, there is insufficient antecedent basis for this limitation in claim.
Claim 7 recites “wherein at least one of the two fastening means”, there is insufficient antecedent basis for this limitation in claim. While claim 1 recites “at least one fastening means”, there is no limitation in claim 1 that introduces two fastening means, therefore the limitation “the two fastening means” lack antecedent basis.
Claim 10 recites “is dimensionally contoured in such a way”, which is indefinite since it is unclear as to what the limitation “is dimensionally contoured in such a way”, is intending to claim. Examiner suggests using claim language that clearly defines the structures and how the structures relate to one another.
Claim 10 recites “the dimensional surface contour”, there is insufficient antecedent basis for this limitation in claim.
Claim 10 recites “the fastening location”, there is insufficient antecedent basis for this limitation in claim.
Claim 11 recites “preferably at least one latching hook, on the lower side of the support plate or in a circumferential section of the support plate”, which is indefinite since the term “preferably” makes it unclear if the at least one positively acting first coupling element is required to be at least one latching hook or circumferential section. Examiner suggests using claim language that clearly defines the structures being claimed.
Claim 11 recites “preferably with at least one corresponding recess or undercut on the ski boot”, which is indefinite since the term “preferably” makes it unclear if the at least one positively acting second coupling element is required to be at least one corresponding recess or undercut on the ski boot. Examiner suggests using claim language that clearly defines the structures being claimed.
Claim 14 recites “via which at least one fastening means the support plate interacts with at least one corresponding anchoring means on the ski boot and is thereby rigidly connected with the ski boot”, which is indefinite since it is unclear as to what the limitation is intending to claim. Examiner suggests using claim language that clearly defines the structures and how the structures relate to one another.
Claim 15 recites “said connection means preferably being provided to pass through corresponding pairs of first and second openings”, which is indefinite since the term “preferably” makes it unclear if the connection means is required to be provided to pass through corresponding pairs of first and second openings. Examiner suggests using claim language that clearly defines the structures being claimed.
All dependent claims are rejected for depending from a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 5-8, 10-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trudel (2020/0245711).
Regarding claim 1, Trudel teaches, A tensioning device for adjustably varying the perimeter or receiving volume of a ski boot (An annotated tensioning device for adjustably varying the perimeter or receiving volume of 1100, [0033], [0070], annotated figure 19, figures 19), the tensioning device comprising a support plate, which is provided to be fastened to the ski boot, a winding device with at least one spool for the winding in or out of at least one tensioning cable as needed, said winding device being fastened to or fastenable to the support plate, wherein the support plate has at least one fastening means, which is configured to be connected with at least one corresponding anchoring means on the ski boot (the annotated tensioning device comprising an annotated support plate, which is provided to be fastened to the ski boot (see figure 19), an annotated winding device with at least one spool for the winding in or out of at least one 1108 as needed, said annotated winding device being fastened to or fastenable to the annotated support plate, wherein the annotated support plate has at least one annotated fastening means, which is configured to be connected with at least one corresponding anchoring means on the ski boot (note: the at least one corresponding anchoring means is not shown in figure 19, figure 19 shows the annotated fastening means attached on the ski boot, therefore, the annotated fastening means are attached to at least one corresponding anchoring means on the ski boot as claimed), annotated figure 19 and figures 19), wherein the at least one corresponding anchoring means on the ski boot is provided in an alternative use for the fastening of a lever-operable tensioning buckle to the ski boot or for the fastening of an associated component of a lever-operable tensioning buckle (“The guides 1106 commonly include a tab or grip surface that extends away from the guide base 1104. The tab or grip surface enables the user to easily grasp the guide 1106 and pull the guide 1106 away from the guide base 1104 or align the guide 1106 with the guide base 1104 during attachment of the two components. While the tab is illustrated as a relatively large protruding component, the tab may have essentially any size or shape that is conducive to allowing the tab to be gripped and pulled by the user. For example, the size and shape of the tab may be selected to optimize the size of the grip surface while minimizing the chance of the tab catching or snagging on surrounding objects. In some instances, the tab may be a strap or fabric material. Additional configurations of the tab are provided in FIGS. 19 and 20.”, [0071], “FIG. 19 illustrates different embodiments of the releasable guide 1106a and also illustrates a distal guide that may be used to replace the tubing 1109 that routes the tension member 1108 around the upper reel based device 1102. The guides 1106a illustrated in FIG. 19 differ from those of FIGS. 15-18 in that the tab member is not a solid component. Rather, the tab member includes a large central opening that may be made of a flexible and gripable material, such as various rubber or polymer materials. The body of the guide 1106a may likewise be made of a flexible rubber or polymer material, although the body is commonly stiffer than the tab member.”, [0080], “the tension member 1108 is typically designed to terminate at the distal guides. The distal guides may be configured to allow the tension member 1108 to be detached from the guide. For example, the distal guides may include a base member 1115 and a removable cap 1116 that attaches to the base member 1115.”, [0082], therefore, wherein the at least one corresponding anchoring means on the ski boot (as stated above: the at least one corresponding anchoring means is not shown in figure 19) is provided in an alternative use for the fastening of a lever-operable tensioning buckle to the ski boot or for the fastening of 1115 (an associated component) of 1106a (a lever-operable tensioning buckle), figures 19 and annotated figure 19).
Regarding claim 2, Trudel teaches, wherein the at least one fastening means on the support plate comprises at least two first openings in the support plate (wherein the at least one annotated fastening means on the annotated support plate comprises at least two annotated first openings in the annotated support plate), wherein the at least one corresponding anchoring means on the ski boot comprises at least two second openings (wherein the at least one corresponding anchoring means (not shown in figure 19) on the ski boot comprises at least two second openings, note as stated above: the at least one corresponding anchoring means are not shown in figure 19, figure 19 shows the annotated fastening means attached on the skit boot, therefore, the annotated two first openings of the annotated fastening means are attached to the at least two second openings of the corresponding anchoring means), and wherein the first and second openings correspond in terms of position such that the support plate is fastenable to the ski boot by means of connection means, said connection means preferably being provided to pass through corresponding pairs of first and second openings (wherein the annotated first and second openings correspond in terms of position such that the annotated support plate is fastenable to the ski boot by means of annotated connection means (see annotated figure 19), said annotated connection means preferably being provided to pass through corresponding pairs of first and second openings (first openings shown with connection means in annotated figure 19), annotated figure 19).
Regarding claim 3, Trudel teaches, wherein the at least one fastening means on the support plate comprises a first and a second fastening means arranged at a distance to one another, and wherein those two fastening means and the winding device define a triangle arrangement composed of three corners on the support plate, wherein the winding device is positioned at the third corner and this third corner is located between the first and second corners with the fastening means if a normal intersects the third corner on a straight line connecting the first and second corners (wherein the at least one annotated fastening means on the annotated support plate comprises an annotated first and a second fastening means arranged at a distance to one another, and wherein those two annotated fastening means and the annotated winding device define a triangle arrangement composed of three corners on the support plate (see annotated figure 19), wherein the annotated winding device is positioned at the third corner and this third corner is located between the first and second corners with the annotated fastening means if a normal intersects the third corner on a straight line connecting the first and second corners, annotated figure 19, figure 19).
Regarding claim 5, Trudel teaches, wherein the tensioning device is provided to be fastened to a cuff of a ski boot , said cuff being provided to surround the lower leg section of a user of the ski boot (“the ski boot may include a rigid exterior shell having a lower shell that is configured to couple with a ski binding and an upper cuff that is pivotally coupled with the lower shell. The lower shell may be configured to accommodate a foot and the upper cuff may be configured to accommodate a lower leg. A first tightening system may be coupled with the lower shell and a second tightening system may be coupled with the upper cuff. The first tightening system may include a first reel based closure device and a first tension member that is operably coupled with the first reel based closure device so that an operation of the first reel based closure device effects tightening of the first tension member.”, [0003], therefore, wherein the annotated tensioning device is provided to be fastened to an annotated cuff of a ski boot, said annotated cuff being provided to surround the lower leg section of a user of the ski boot, annotated figure 19).
Regarding claim 6, Trudel teaches, wherein at least one of the two fastening means on the support plate is additionally provided as an anchor point for at least one, in relation to the winding device, distal end of the at least one tensioning cable, or wherein the support plate has a first and a second fastening means which are additionally each provided as anchor points for the distal ends of a first and a second tensioning cable of the winding device (wherein the annotated support plate has an annotated first and an annotated second fastening means which are additionally each provided as anchor points for the distal ends of an annotated first and an annotated second tensioning cable of the annotated winding device, [0082], annotated figure 19 and figure 19).
Regarding claim 7, Trudel teaches, wherein at least one of the two fastening means on the support plate is additionally provided as a deflection means for a tensioning cable of the winding device configured as a closed loop, or wherein the support plate has a first and a second fastening means which are additionally each provided as deflection means for a tensioning cable of the winding device configured as a closed loop (wherein the annotated support plate has an annotated first and an annotated second fastening means which are additionally each provided as deflection means for 1108 of the annotated winding device configured as a closed loop, [0082], annotated figure 19 and figure 19).
Regarding claim 8, Trudel teaches, wherein a receiving channel is formed in an upper side of the support plate to be faced away from a ski boot, the receiving channel extending in its longitudinal direction at least partially between the first and the second fastening means and being provided to receive a portion of the tensioning cable (wherein 1116/1117 is formed in an upper side of the annotated support plate to be faced away from a ski boot, 1116/1117 extending in its longitudinal direction at least partially between the annotated first and the annotated second fastening means and being provided to receive a portion of 1108, [0082], annotated figure 19, figures 19).
Regarding claim 10, Trudel teaches, wherein the support plate is dimensionally contoured in such a way that the support plate corresponds to the dimensional surface contour of the ski boot at the fastening location for the support plate (wherein the annotated support plate is dimensionally contoured in such a way that the annotated support plate corresponds to the dimensional surface contour of the ski boot at the fastening location for the annotated support plate, annotated figure 19).
Regarding claim 11, Trudel teaches, wherein the at least one fastening means on the support plate comprises at least one positively acting first coupling element, preferably at least one latching hook, on the lower side of the support plate or in a circumferential section of the support plate, which can be positively engaged with at least one positively acting second coupling element on the ski boot, preferably with at least one corresponding recess or undercut on the ski boot, such that with a positive engagement of a first and a corresponding second coupling element a lifting of the support plate from the ski boot is inhibited or prevented (wherein the at least one annotated fastening means on the annotated support plate comprises at least one positively acting annotated first coupling element, preferably at least one latching hook, on the lower side of the support plate or in a circumferential section of the support plate, which can be positively engaged with at least one positively acting second coupling element on the ski boot, preferably with at least one corresponding recess or undercut on the ski boot (annotated figure 19 shows the annotated fastening means attached on the ski boot, therefore, annotated first coupling element can be positively engaged with at least one positively acting second coupling element on the ski boot, as claimed), such that with a positive engagement of an annotated first and a corresponding second coupling element a lifting of the annotated support plate from the ski boot is inhibited or prevented, annotated figure 19).
Regarding claim 12, Trudel teaches, wherein at least one load distribution element, in particular a shim or pressure distribution plate, is assigned to the at least one fastening means, said at least one load distribution element being provided to increase the dimensional stability of the support plate in its at least one fastening section in relation to a ski boot (wherein at least one 1115, in particular a shim or pressure distribution plate, is assigned to the at least one annotated fastening means, said at least one 1115 being provided to increase the dimensional stability of the annotated support plate in its at least one fastening section in relation to a ski boot, (here, 1115 is capable of increasing the dimensional stability of the annotated support plate in its at least one fastening section in relation to a ski boot, in as much as applicant has claimed), [0082], annotated figure 19, figures 19).
Regarding claim 14, Trudel teaches, A ski boot comprising a front foot shell for receiving a user’s foot (annotated figure 19), a cuff for receiving the user’s lower leg section, wherein the cuff is connected with the front foot shell in an articulated manner ([0003], annotated figure 19), and a tensioning device for adjustably varying the perimeter or receiving volume of the ski boot, the tensioning device comprising a support plate, which is fastened to the ski boot, a winding device with at least one spool for the winding in or out of at least one tensioning cable as needed, said winding device being fastened to or fastenable to the support plate, wherein the support plate has at least one fastening means, via which at least one fastening means the support plate interacts with at least one corresponding anchoring means on the ski boot and is thereby rigidly connected with the ski boot (and an annotated tensioning device for adjustably varying the perimeter or receiving volume of the ski boot, the annotated tensioning device comprising an annotated support plate, which is provided to be fastened to the ski boot (see figure 19), an annotated winding device with at least one spool for the winding in or out of at least one 1108 as needed, said annotated winding device being fastened to or fastenable to the annotated support plate, wherein the annotated support plate has at least one annotated fastening means, via which at least one annotated fastening means the annotated support plate interacts with at least one corresponding anchoring means on the ski boot (the at least one corresponding anchoring means on the ski boot is not shown in figure 19, since the annotated fastening means is shown on the ski boot) and is thereby rigidly connected with the ski boot, annotated figure 19 and figures 19), wherein the at least one corresponding anchoring means on the ski boot is provided in an alternative use for the fastening of a lever-operable tensioning buckle to the ski boot or for the fastening of an associated component of a lever-operable tensioning buckle (“The guides 1106 commonly include a tab or grip surface that extends away from the guide base 1104. The tab or grip surface enables the user to easily grasp the guide 1106 and pull the guide 1106 away from the guide base 1104 or align the guide 1106 with the guide base 1104 during attachment of the two components. While the tab is illustrated as a relatively large protruding component, the tab may have essentially any size or shape that is conducive to allowing the tab to be gripped and pulled by the user. For example, the size and shape of the tab may be selected to optimize the size of the grip surface while minimizing the chance of the tab catching or snagging on surrounding objects. In some instances, the tab may be a strap or fabric material. Additional configurations of the tab are provided in FIGS. 19 and 20.”, [0071], “FIG. 19 illustrates different embodiments of the releasable guide 1106a and also illustrates a distal guide that may be used to replace the tubing 1109 that routes the tension member 1108 around the upper reel based device 1102. The guides 1106a illustrated in FIG. 19 differ from those of FIGS. 15-18 in that the tab member is not a solid component. Rather, the tab member includes a large central opening that may be made of a flexible and gripable material, such as various rubber or polymer materials. The body of the guide 1106a may likewise be made of a flexible rubber or polymer material, although the body is commonly stiffer than the tab member.”, [0080], “the tension member 1108 is typically designed to terminate at the distal guides. The distal guides may be configured to allow the tension member 1108 to be detached from the guide. For example, the distal guides may include a base member 1115 and a removable cap 1116 that attaches to the base member 1115.”, [0082], therefore, wherein the at least one corresponding anchoring means on the ski boot (as stated above: the at least one corresponding anchoring means is not shown in figure 19) is provided in an alternative use for the fastening of a lever-operable tensioning buckle to the ski boot or for the fastening of 1115 (an associated component) of 1106a (a lever-operable tensioning buckle), figures 19 and annotated figure 19).
Regarding claim 15, Trudel teaches, wherein the at least one fastening means on the support plate comprises at least two first openings in the support plate (wherein the at least one annotated fastening means on the annotated support plate comprises at least two annotated first openings in the annotated support plate), wherein the at least one corresponding anchoring means on the ski boot comprises at least two second openings (wherein the at least one corresponding anchoring means (not shown in figure 19) on the ski boot comprises at least two second openings, note as stated above: the at least one corresponding anchoring means are not shown in figure 19, figure 19 shows the annotated fastening means attached on the skit boot, therefore, the annotated two first openings of the annotated fastening means are attached to the at least two second openings of the corresponding anchoring means), and wherein the first and second openings correspond in terms of position such that the support plate is fastenable to the ski boot by means of connection means, said connection means preferably being provided to pass through corresponding pairs of first and second openings (wherein the annotated first and second openings correspond in terms of position such that the annotated support plate is fastenable to the ski boot by means of annotated connection means (see annotated figure 19), said annotated connection means preferably being provided to pass through corresponding pairs of first and second openings (first openings shown with connection means in annotated figure 19), annotated figure 19).
Claims 1, 5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sartor (EP 0342463).
Regarding claim 1, Sartor teaches, A tensioning device for adjustably varying the perimeter or receiving volume of a ski boot (8/17/14 for adjustably varying the perimeter or receiving volume of 1, figure 8), the tensioning device comprising a support plate, which is provided to be fastened to the ski boot, a winding device with at least one spool for the winding in or out of at least one tensioning cable as needed, said winding device being fastened to or fastenable to the support plate, wherein the support plate has at least one fastening means, which is configured to be connected with at least one corresponding anchoring means on the ski boot (8/17/14 comprising 8 which is provided to be fastened to 1, 17 with at least one spool for the winding in or out of at least one 14 as needed, 17 being fastened to or fastenable to 8, wherein 8 has at least one 9a, which is configured to be connected with at least one 9b on 1, figures 3 and 8), wherein the at least one corresponding anchoring means on the ski boot is provided in an alternative use for the fastening of a lever-operable tensioning buckle to the ski boot or for the fastening of an associated component of a lever-operable tensioning buckle (wherein the at least one 9b on 1 is provided in an alternative use for the fastening of 111 to 1 or for the fastening of an associated component of a lever-operable tensioning buckle, figure 4).
Regarding claim 5, Sartor teaches, wherein the tensioning device is provided to be fastened to a cuff of a ski boot , said cuff being provided to surround the lower leg section of a user of the ski boot (wherein 8/17/14 is provided to be fastened to a cuff of 1, said cuff being provided to surround the lower leg section of a user of 1, annotated figures 4 and 8).
Regarding claim 10, Sartor teaches, wherein the support plate is dimensionally contoured in such a way that the support plate corresponds to the dimensional surface contour of the ski boot at the fastening location for the support plate (wherein 8 is dimensionally contoured in such a way that 8 corresponds to the dimensional surface contour of 1 at the fastening location for 8, figures 3, 4 and 8).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable Trudel (2020/0245711) in view of Trudel (2020/0245711)[Trudel, Figures 11-12].
Regarding claim 4, Trudel teaches, the winding device is connected with the support plate (annotated figure 19).
While Trudel discloses the winding device connected with the support plate, see annotated figure 19, Trudel fails to teach, wherein a base plate of the winding device is connected with the support plate in a tear-proof manner, in particular is connected with the support plate by means of at least one screw or rivet, preferably by means of at least three screws or rivets.
Turdel Figure 11-12, teaches, wherein a base plate of the winding device is connected with boot in a tear-proof manner, in particular is connected with boot by means of at least one screw or rivet, preferably by means of at least three screws or rivets (“FIG. 11 illustrates that the base member 804 may be integrally formed with the lower shell 806 of the ski boot, such as by insert molding the base member 804 within the lower shell. FIG. 12 illustrates a base member 820 that is fixedly secured to the lower shell 806 of the ski boot after the lower shell is separately formed. The base member 804 may be mechanically fastened to the lower shell 806 via rivets 822 or via any other mechanical fastener.”, [0062], therefore, wherein 804 of 802 is connected with 806 in a tear-proof manner, in particular is connected with 806 by means of at least one screw or rivet, preferably by means of at least three screws or rivets, figures 11 and 12, see also [0063]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connection between the winding device and the support plate of Trudel as being is connected by means of at least one screw or rivet, as taught by Trudel Figures 11-12 to in order to provide a secure and sturdy base for a removable winding device “Specifically, FIG. 11 illustrates a ski boot that includes a base member 804 that enables the reel based device 802 to be detached and removed from the ski boot”, [0061].
Regarding claim 13, Trudel teaches, the support plate is connected with the winding device (annotated figure 19).
While Trudel discloses the support plate connected with the winding device, see annotated figure 19, Trudel fails to teach, wherein the support plate has a cavity on its upper side closest to the winding device, in which the winding device is at least partially received, or by which cavity the winding device is at least partially surrounded.
Turdel Figure 11-12, teaches, wherein the support plate has a cavity on its upper side closest to the winding device, in which the winding device is at least partially received, or by which cavity the winding device is at least partially surrounded (“FIG. 11 illustrates that the base member 804 may be integrally formed with the lower shell 806 of the ski boot, such as by insert molding the base member 804 within the lower shell. FIG. 12 illustrates a base member 820 that is fixedly secured to the lower shell 806 of the ski boot after the lower shell is separately formed. The base member 804 may be mechanically fastened to the lower shell 806 via rivets 822 or via any other mechanical fastener.”, [0062], therefore, wherein 804 has a cavity on its upper side closest to 802, in which 802 is at least partially received, or by which cavity 802 is at least partially surrounded, figures 11 and 12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the support plate and winding device connection of Trudel as the support plate having a cavity in which the winding device is at least partially received, or by which cavity the winding device is at least partially surrounded, as taught by Trudel Figures 11-12 to in order to provide a secure and sturdy base for a removable winding device “Specifically, FIG. 11 illustrates a ski boot that includes a base member 804 that enables the reel based device 802 to be detached and removed from the ski boot”, [0061].
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 4,660,302 by Arich discloses a ski boot with a tensioning device having a support plate with a winding device, the support plate having fastening means that are connected to anchoring means on the ski boot.
2. 2002/0095750 by Hammerslag discloses a ski boot with a tensioning device having a support plate with a winding device, the support plate having fastening means that are connected to anchoring means on the ski boot.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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