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 .
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.
DETAILED ACTION
The present application, filed on January 23, 2026, in which claims 1-20 were presented for examination, of which claims 1, 4, 10, 14, 16, 17, and 20 were amended, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see Remarks, filed January 23, 2026, with respect to the rejection(s) of claim(s) 1-6, 8-12, and 14-20 under 35 USC 102 and claim(s) 7 and 13 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Johnson (US Patent 8,904,672).
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.
Claims 10, 14, 16-20 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 claim 10, it recites the limitation "the lock module" in line: 13.
There is insufficient antecedent basis for this limitation in the claim, since “the lock module” has not been previously disclosed in claim 10. Examiner assumes “a lock module” is being claimed for the first time.
Regarding claim 16, it recites the limitation "the complimentary coupling member base module" in line: 11. There is insufficient antecedent basis for this limitation in the claim, since it is unclear if Applicant is referring to the “first coupling member of the base module (lines: 8-9)” or if Applicant is claiming a new structure. Examiner assumes Applicant is referring to the “first coupling member of the base module”.
Claims 14 and 17-20 are rejected for depending directly/indirectly from a rejected claim(s).
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.
(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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US Patent 8,904,672) as best understood.
Regarding claim 1, Johnson discloses a hands-free shoestring tightening device (210, Fig. 2, 7, 8) comprising:
a base module (222) permanently attached at a heel at a proximal end along a longitudinal axis of the shoe (as shown in Fig. 2 at the heel of the footwear, where the “longitudinal axis” is the length of said shoe, and “permanently attached” to the shoe while in use), wherein the base module (222) comprises an opening at the proximal end of the shoe (opening of 222 as shown in Fig. 7);
an axle assembly (224, Fig. 7) configured to releasably couple into the opening of the base module (opening is 342, Col. 7, lines: 60-65, “configured to…module” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function. Examiner notes releasably coupled into the opening due to screws), wherein the axle assembly (224) comprises:
a rotatable wheel (212); and,
an axle shaft (230) coupled through a center of the rotatable wheel (as shown in Fig. 7) defining a rotational axis of the rotatable wheel (shown as axis of 230), wherein the rotational axis is perpendicular to the longitudinal axis (examiner notes due to the longitudinal axis being along the length of the shoe and the rotational axis being the axis of 230, the two are shown to be perpendicular in at least Fig. 2 and 7, where axis of 230 points outward of the page); and,
a lock module (214) comprises a first engagement member (368, Fig. 21) configured to releasably engage a coupling feature of the base module (328, Col. 10, lines: 56-58), and a second engagement member (374 and 376) configured to engage to the axle assembly (224) around the rotational axis (Col. 10, lines: 61-65), wherein, the lock module (214) is configured to slide into a cavity of the base module (cavity shown as area around 362 and 364, as shown in Fig. 7, 18, and 19, “configured to…module” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function), such that the lock module (214) secures the axle assembly (224) in the cavity of the base module after the axle assembly is installed within the cavity of the base module, wherein, in an assembled state (Col. 10, lines: 13-18 and 56-65),
the axle assembly (224) is coupled to the base module (222, Col. 7, lines: 60-63),
the first engagement member (368) engages the base module (222, as shown in Fig. 19), and,
the second engagement member (374 and 376) engages the axle assembly (224, Col. 10, lines: 61-65), such that the axle assembly (224) is releasably locked within the cavity defined by the base module (222) and the lock module (214, Col. 10, lines: 13-18 and 56-65).
Regarding claim 2, Johnson discloses the axle assembly (214) is configured to slide from the proximal end towards a distal end of the shoe (“configured to…shoe” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function, Col. 11, lines: 44-55, examiner notes slides due to counter clockwise rotation).
Regarding claim 3, Johnson discloses the base module (222) comprises an engagement collar (side wall of 340b and 340c) extended from a top side of the opening towards a bottom (as shown in Fig. 7), wherein the engagement collar (side wall of 340b and 340c) is configured to engage the first engagement member (368, examiner notes engagement occurs through the physical connection between 222 and 214), such that a forward force is exerted at the first engagement member towards a distal end of the shoe (“configured to…shoe” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function).
Regarding claim 4, Johnson discloses the lock module (214) comprises a first jaw (362) and a second jaw (364), wherein the first jaw and the second jaw is releasably coupled jointly to form a bipartite clamp in the assembled state (as shown in Fig. 20), wherein the bipartite clamp further comprises a hook (profile of 214 forms a hook) configured as the second engagement member (374 and 376) to engage the axle assembly (224), such that a backward force is exerted at the second engagement member towards the proximal end of the shoe (Col. 10, lines: 13-18, “configured as…end of the shoe” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function).
Regarding claim 5, Johnson discloses the axle shaft (230) comprises a lumen (opening around 244 where lace 136 is placed through, as shown in Fig. 7) configured to allow a shoelace of the shoe to pass through (as shown in Fig. 7), wherein a length of the shoelace received along the axle shaft is directly proportional to an angular displacement of the axle shaft in a first direction, such that the shoelace is tightened when the rotatable wheel is rotated in the first direction (Col. 11, lines: 45-51).
Regarding claim 6, Johnson discloses the axle shaft (230) comprises a ratchet wheel (232 and 234) such that the rotatable wheel is only allowed to be rotated in the first direction (Col. 9, lines: 53-56).
Regarding claim 7, Johnson discloses the axle shaft (230, Fig. 8) comprises bearings (290).
Regarding claim 8, Johnson discloses the axle shaft (230) comprises a unitary body (as shown in Fig. 8), such that the axle shaft is modularly replaceable (Col. 12, lines: 66-67).
Regarding claim 9, Johnson discloses the axle shaft (230) comprises a tapered eyelet at each end of the shaft (examiner notes a shown around 244 and 290), wherein a width of the eyelet is monotonically decreasing from a center of the axle shaft towards the peripheral of the axle shaft (examiner notes as shown in Fig. 7).
Regarding claim 10, Johnson discloses a shoestring tightening device (210, Fig. 2, 7, 8) comprising: an axle assembly (224, Fig. 7) comprising an axle shaft (230) configured to receive a shoelace of a shoe (136, as shown in Fig. 7), and a rotatable wheel (212) connected to the axle shaft (230, Fig. 7) configured to actuate rotation of the axle shaft (230, Col. 7, lines: 49-53 and Col. 8, lines: 58-61); and,
a base module (combination of 220 and 222) permanently attached at a heel at a proximal end along a longitudinal axis of the shoe (as shown in Fig. 2 at the heel of the footwear, where the “longitudinal axis” is the length of said shoe, and “permanently attached” to the shoe while in use), wherein the base module (combination of 220 and 222) comprises:
a top load cavity (cavity of 222 is areas around elements 348, 364 and 362) configured to receive the axle assembly (224, Col. 7, lines: 60-63); and,
a bottom opening to the top load cavity (304 and 342) configured to expose the rotatable wheel at a bottom surface of the base module after the axle assembly is received within the top load cavity (Col. 10, lines: 19-22, “configured to…cavity” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function).
wherein the axle assembly (224) is configured to slide into a cavity of the base module (cavity of 222 is areas around elements 348, 364 and 362, Col. 8, lines: 58-61, “configured to…module” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function), such that the lock module (214) secures the axle assembly (224) in the cavity of the base module after the axle assembly is installed within the cavity of the base module (Col. 10, lines: 13-18 and 56-65).
Regarding claim 11, Johnson discloses the axle shaft (230) comprises a lumen (opening around 244 where lace 136 is placed through, as shown in Fig. 7) configured to allow a shoelace of the shoe to pass through (as shown in Fig. 7), wherein a length of the shoelace received along the axle shaft is directly proportional to an angular displacement of the axle shaft in a first direction, such that the shoelace is tightened when the rotatable wheel is rotated in the first direction (Col. 11, lines: 45-51).
Regarding claim 12, Johnson discloses the axle shaft (230) comprises a ratchet wheel (232 and 234) such that the rotatable wheel is only allowed to be rotated in the first direction (Col. 9, lines: 53-56).
Regarding claim 13, Johnson discloses the axle shaft (230, Fig. 8) comprises bearings (290).
Regarding claim 14, Johnson discloses the axle shaft (230) comprises a unitary body (as shown in Fig. 8), such that the axle shaft is modularly replaceable (Col. 12, lines: 66-67).
Regarding claim 15, Johnson discloses the axle shaft (230) comprises a tapered eyelet at each end of the shaft (examiner notes a shown around 244 and 290), wherein a width of the eyelet is monotonically decreasing from a center of the axle shaft towards the peripheral of the axle shaft (examiner notes as shown in Fig. 7).
Regarding claim 16, Johnson discloses a hands-free shoestring tightening device (210, Fig. 2, 7, 8) comprising:
a base module (220) fixedly attached at a shoe's heel at a proximal end along a longitudinal axis of a shoe (as shown in Fig. 2 at the heel of the footwear, where the “longitudinal axis” is the length of said shoe, and “permanently attached” to the shoe while in use); and,
an axle assembly (224, Fig. 7) configured to releasably couple to an opening of the base module (opening of 220 as shown in Fig. 7 and 17), wherein the axle assembly (224) comprises:
a rotatable wheel (212);
a first engagement member (274, left side in Fig. 7) configured to engage a first coupling member of the base module (312, Col. 10, lines: 30-32) and,
a lock module (214) configured to release the first engagement member (274, left side) from the complimentary coupling member base module (Col. 11, lines: 49-55, “configured to…module” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function);
wherein, the lock module (214) is configured to slide into a cavity of the base module (cavity shown as area around 362 and 364, as shown in Fig. 7, 18, and 19, “configured to…module” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function), such that the lock module (214) secures the axle assembly (224) in the cavity of the base module after the axle assembly is installed within the cavity of the base module (Col. 10, lines: 13-18 and 56-65).
Regarding claim 17, Johnson discloses the axle assembly (224) further comprises a second engagement member (274, right side in Fig. 7) configured to engage a second coupling member (362, Fig. 7) at the heel of the shoe (Col. 11, lines: 49-55).
Regarding claim 18, Johnson discloses the axle assembly (224) further comprises an axle shaft (230) coupled through a center of the rotatable wheel defining a rotational axis of the rotatable wheel (as shown in Fig. 7), wherein the rotational axis is perpendicular to the longitudinal axis (examiner notes due to the longitudinal axis being along the length of the shoe and the rotational axis being the axis of 230, the two are shown to be perpendicular in at least Fig. 2 and 7, where axis of 230 points outward of the page).
Regarding claim 19, Johnson discloses the axle shaft (230) comprises a ratchet wheel (232 and 234) such that the rotatable wheel is only allowed to be rotated in a first direction (Col. 9, lines: 53-56).
Regarding claim 20, Johnson discloses the first engagement member (274, left side in Fig. 7) is configured to engage the first coupling member (312) via a snap-fit connection, wherein the snap-fit connection is achieved through complementary engaging features on the lock module (312) and the base module (220, Col. 10, lines: 30-32, “configured to…base module” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function, examiner notes a “snap-fit connection” is accomplished through element 274 coupling into 312).
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.
The prior art made of record and not relied upon is considered pertinent (See PTO-892) to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAKOTA MARIN whose telephone number is (571)272-3529. The examiner can normally be reached Mon.-Fri., 9:00AM-6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISSA 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.
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/DAKOTA MARIN/Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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