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 .
Election/Restrictions
Applicant's election of Species 1 Species 1 (Figs. 1, 2A-2D, 3, 5, 7, and 8A-8B), subspecies 1 (Fig. 6) in the reply filed on 11/13/2025 is acknowledged. Election was made without traverse in the reply filed on 11/13/2025.
Applicant, in the reply, indicated that claims 1-20 are readable on the elected Species 1, Subspecies 1. However, after a full review of the instant application, it is noted that claims 2 and 15 each contain limitation(s) drawn to the non-elected Subspecies 2 (as depicted in Fig. 9). Accordingly, claims 2 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 1, 3-14 and 16-20 are being treated on the merits.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following claimed features:
1) the first and second lacing zones each comprising a lace threaded through the plurality of eyelets on the first and second sides of the lacing zone alternating from an eyelet on the first side and to an eyelet on the second side in claim 7,
2) a third plurality of eyelets coupled to the body or sole in claim 17 as to the sole, and
3) a fourth plurality of eyelets coupled to the body or sole in claim 17 as to the sole,
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 7 and 19 are objected to because of the following informalities:
In claim 7, line 2, "the lateral side" should read "a lateral side" as it is the first time the limitation is recited;
In claim 19, lines 2-3, "third lace channel" appears to read "a third lace channel" for clarity;
In claim 19, line 3, "the second end" should read "a second end" as it is the first time the limitation is recited.
Appropriate correction is required.
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 6-13, 16 and 19 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 6 recites the limitation "the plurality of eyelets", which renders the claim indefinite. Claim 6 depends from claim 1, and claim 1 has set forth a first plurality of eyelets, a second plurality of eyelets, a third plurality of eyelets and a fourth plurality of eyelets. It is unclear which plurality of eyelets the limitation is being referred to. For examination purposes, the limitation has been construed to be any of the first, second, third and fourth plurality of eyelets.
Claim 7 recites the limitation "the lacing zone" with multiple instances, which renders the claim indefinite. The claim has previously defined a first lacing zone and a second lacing zone. It is unclear which lacing zone is being referred to. For examination purposes, the limitation has been construed to be a corresponding one of the first lacing zone and the second lacing zone.
Claim 7 recites the limitation "alternating from an eyelet on the first side and to an eyelet on the second side", which renders the claim indefinite. First, the claim has set forth the first and second lacing zones each comprising a plurality of eyelets arranged on a first side of the lacing zone and a plurality of eyelets arranged on a second side of the lacing zone. It is unclear whether "an eyelet" is referring to one of the previously defined eyelets or different. Second, the lace extending from an eyelet to another eyelet cannot be considered as "alternating". For examination purposes, the examiner has interpreted the lace alternating between the plurality of eyelets on the first side and the plurality of eyelets on the second side in a corresponding one of the first lacing zone and the second lacing zone.
Claim 8 recites the limitation "the plurality of eyelets", which renders the claim indefinite. Claim 8 depends from claim 7, and claim 7 has set forth a plurality of eyelets arranged on a first side of the lacing zone and a plurality of eyelets arranged on a second side of the lacing zone. It is unclear which plurality of eyelets the limitation is being referred to. For examination purposes, the limitation has been construed to be either the plurality of eyelets arranged on a first side of the lacing zone or the plurality of eyelets arranged on a second side of the lacing zone.
Claim 16 recites the limitation "at least one lace", which renders the claim indefinite. Claim 16 depends from claim 14, and claim 14 has set forth "at least one lace". It is unclear whether the limitation is referring to the same at least one lace in claim 14 or different. For examination purposes, the limitation has been construed to be "the at least one lace".
Claim 19 recites the limitations "a first lace channel" and "a second lace channel", which render the claim indefinite. Claim 19 depends from claim 18, and claim 18 has set forth "at least one lace channel". It is unclear whether the limitations are referring to the at least one lace channel in claim 18 or different. For examination purposes, the examiner has interpreted that the at least one lace channel comprising the first lace channel and the second lace channel.
The remaining claims each depend from a rejected base claim and are likewise rejected.
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.
(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, 3-5, 14 and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berger (US 2011/0239486 A1).
Regarding claim 1, Berger discloses a shoe (shoe 100; fig. 1-4; paras. 0020, 0043), comprising:
a sole (sole structure 101; figs. 1-4; paras. 0027, 0052) having a medial side (at medial side 16; figs. 1-4; paras. 0021, 0044) and a lateral side (at lateral side 18; figs. 1-4; paras. 0021, 0045);
a sleeve (upper 102; figs. 1-4; paras. 0024, 0043) attached to the sole (figs. 1-4) and having an opening (entry hole 104; figs. 1-4; paras. 0026, 0050) for receiving an ankle (figs. 1-4);
a cage (shoe fastening system 106; fig. 1-4; paras. 0029, 0043) attached to the sleeve (figs. 1-4), the cage having a medial side (at medial side 16; figs. 1-4) with a first plurality of eyelets (medial eyelets 310, 312, 314, 316, 318; figs. 3-4; para. 0044) and a lateral side (at lateral side 18; figs. 1-4) with a second plurality of eyelets (lateral eyelets corresponding to each of the medial eyelets 310, 312, 314, 316, 318; not shown in drawings; para. 0044);
a medial wing (a medial portion of wrap member 150 at medial side 16; figs. 1-4; paras. 0037, 0043) coupled to the medial side of the sole (coupled in channel 500 under midsole 200; fig. 5; paras. 0060-0061) and having a third plurality of eyelets (medial eyelets 322, 324, 326, 328; figs. 3-4; para. 0046); and
a lateral wing (a lateral portion of wrap member 150 at lateral side 18; figs. 1-4; paras. 0037, 0043) coupled to the lateral side of the sole (coupled in channel 500 under midsole 200; fig. 5; paras. 0060-0061) and having a fourth plurality of eyelets (eyelets 332, 334, 336, 338; figs. 1-4; para. 0046),
wherein the first plurality of eyelets are configured to intertwine with the third plurality of eyelets (at the medial side 16; figs. 1-4) via at least one lace (lace 110; figs. 1-4; paras. 0047-0049), and the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets (at the lateral side 18; figs. 1-4) via the at least one lace (figs. 1-4; para. 0048).
Regarding claim 3, Berger discloses the shoe of claim 1, and further discloses wherein the first plurality of eyelets configured to intertwine with the third plurality of eyelets via at least one lace creates a first lacing zone on a medial side of the shoe (at medial side 16; figs. 1-4; paras. 0047-0049).
Regarding claim 4, Berger discloses the shoe of claim 3, and further discloses wherein the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets via the at least one lace creates a second lacing zone on a lateral side of the shoe (at lateral side 18; figs. 1-4; paras. 0047-0049).
Regarding claim 5, Berger discloses the shoe of claim 1, and further discloses wherein the cage comprises at least one lace channel (at least one eyelet at toe portion 114 near lacing area 108 and/or tongue 112; para. 0045) configured to receive the at least one lace (para. 0045).
Regarding claim 14, Berger discloses a shoe (shoe 100; fig. 1-4; paras. 0020, 0043), comprising:
a sole (sole structure 101; figs. 1-4; paras. 0027, 0052) having a medial side (at medial side 16; figs. 1-4; paras. 0021, 0044) and a lateral side (at lateral side 18; figs. 1-4; paras. 0021, 0045);
a body (upper 102; figs. 1-4; paras. 0024, 0043) attached to the sole (figs. 1-4);
a cage (shoe fastening system 106; fig. 1-4; paras. 0029, 0043) configured to be positioned over a top of the body (figs. 1-4) and having a medial side (at medial side 16; figs. 1-4) with a first plurality of eyelets (medial eyelets 310, 312, 314, 316, 318; figs. 3-4; para. 0044) extending along a length of the cage (figs. 3-4) and a lateral side (at lateral side 18; figs. 1-4) with a second plurality of eyelets (lateral eyelets corresponding to each of the medial eyelets 310, 312, 314, 316, 318; not shown in drawings; para. 0044) extending along a length of the cage (figs. 3-4);
a third plurality of eyelets (medial eyelets 322, 324, 326, 328; figs. 3-4; para. 0046) coupled to the body (coupled to a medial portion of wrap member 150 at medial side 16; figs. 1-4; paras. 0037, 0043) or sole; and
a fourth plurality of eyelets (eyelets 332, 334, 336, 338; figs. 1-4; para. 0046) coupled to the body (coupled to a lateral portion of wrap member 150 at lateral side 18; figs. 1-4; paras. 0037, 0043) or sole,
wherein the first plurality of eyelets are configured to intertwine with the third plurality of eyelets (at the medial side 16; figs. 1-4) via at least one lace (lace 110; figs. 1-4; paras. 0047-0049), and the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets (at the lateral side 18; figs. 1-4) via the at least one lace (figs. 1-4; para. 0048).
Regarding claim 16, Berger discloses the shoe of claim 14, and further discloses wherein the first plurality of eyelets configured to intertwine with the third plurality of eyelets via at least one lace (lace 110; figs. 1-4; paras. 0047-0049) creates a first lacing zone on a medial side of the shoe (at medial side 16; figs. 1-4).
Regarding claim 17, Berger discloses the shoe of claim 16, and further discloses wherein the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets via the at least one lace creates a second lacing zone on a lateral side of the shoe (at lateral side 18; figs. 1-4).
Regarding claim 18, Berger discloses the shoe of claim 14, and further discloses wherein the cage comprises at least one lace channel (at least one eyelet at toe portion 114 near lacing area 108 and/or tongue 112; para. 0045) configured to receive the at least one lace (para. 0045).
Regarding claim 19, Berger discloses the e shoe of claim 18, and further discloses wherein the cage comprises a first lace channel (a first eyelet; para. 0045) at a first end of the cage (at toe portion 114 near lacing area 108; para. 0045), and a second lace channel (a second eyelet; para. 0045) and third lace channel (a third eyelet; para. 0045) at the second end of the cage (at tongue 112; para. 0045), each lace channel configured to receive the at least one lace (para. 0045).
Claims 1, 3-5, 7, 9-14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dyer (US 2020/0077748 A1).
Regarding claim 1, Dyer discloses a shoe (article of footwear 10; figs. 1-2; para. 0051), comprising:
a sole (sole structure 200; figs. 1-2; para. 0051) having a medial side (at medial side 20; figs. 1-2; para. 0053) and a lateral side (at lateral side 18; figs. 1-2; paras. 0051, 0053);
a sleeve (upper 100; figs. 1-2; para. 0051) attached to the sole (figs. 1-2; para. 0051) and having an opening (ankle opening 104; figs. 1-2; para. 0054) for receiving an ankle (figs. 1-2; para. 0054);
a cage (instep region 114 and inelastic regions 112a; figs. 1-2; paras. 0051, 0057) attached to the sleeve (figs. 1-2; para. 0051), the cage having a medial side (at medial side 20; figs. 1-2; para. 0053) with a first plurality of eyelets (first cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102) and a lateral side (at lateral side 18; figs. 1-2; paras. 0051, 0053) with a second plurality of eyelets (second cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102);
a medial wing (medial inelastic region 112b; figs. 1-2) coupled to the medial side of the sole (figs. 1-2; para. 0056) and having a third plurality of eyelets (third cable guides 412 being eyelets at medial side 20; figs. 1-2; paras. 0098, 0102); and
a lateral wing (inelastic region 112b; figs. 1-2) coupled to the lateral side of the sole (figs. 1-2; para. 0056) and having a fourth plurality of eyelets (fourth cable guides 412 being eyelets at lateral side 18; figs. 1-2; paras. 0098, 0102),
wherein the first plurality of eyelets are configured to intertwine with the third plurality of eyelets (figs. 1-2) via at least one lace (lace assembly 402; figs. 1-2; paras. 0051, 0096), and the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets (figs. 1-2) via the at least one lace (figs. 1-2; paras. 0051, 0096).
Regarding claim 3, Dyer discloses the shoe of claim 1, and further discloses wherein the first plurality of eyelets configured to intertwine with the third plurality of eyelets via at least one lace creates a first lacing zone on a medial side of the shoe (at medial side 20; figs. 1-2; paras. 0051, 0053).
Regarding claim 4, Dyer discloses the shoe of claim 3, and further discloses wherein the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets via the at least one lace creates a second lacing zone on a lateral side of the shoe (at lateral side 18; figs. 1-2; paras. 0051, 0053).
Regarding claim 5, Dyer discloses the shoe of claim 1, and further discloses wherein the cage comprises at least one lace channel (see fig. 17 and annotated fig. 16) configured to receive the at least one lace (see fig. 17 and annotated fig. 16).
PNG
media_image1.png
524
850
media_image1.png
Greyscale
Annotated Fig. 16 from US 2020/0077748 A1
Regarding claim 7, Dyer discloses a shoe (article of footwear 10; figs. 1-2; para. 0051), comprising:
a first lacing zone (at medial side 20; figs. 1-2; paras. 0051, 0053) on a medial side (medial side 20; figs. 1-2; para. 0053) of the shoe, and a second lacing zone (at lateral side 18; figs. 1-2; para. 0051) on the lateral side (lateral side 18; figs. 1-2; paras. 0051, 0053) of the shoe, wherein the first and second lacing zones each comprise:
a plurality of eyelets (first cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102) arranged on a first side (inelastic region 112b; figs. 1-2; paras. 0102) of the lacing zone and a plurality of eyelets (second cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102) arranged on a second side (inelastic region 112a; figs. 1-2; paras. 0102) of the lacing zone; and
a lace (a lace of lace assembly 402; figs. 1-2; paras. 0051, 0096) threaded through the plurality of eyelets on the first and second sides of the lacing zone (figs. 1-2; paras. 0051, 0096) alternating from an eyelet on the first side and to an eyelet on the second side (figs. 1-2; paras. 0051, 0096).
Regarding claim 9, Dyer discloses the shoe of claim 7, and further discloses the shoe further comprising: a sole (sole structure 200; figs. 1-2; para. 0051) having a medial side (at medial side 20; figs. 1-2; para. 0053) and a lateral side (at lateral side 18; figs. 1-2; paras. 0051, 0053).
Regarding claim 10, Dyer discloses the shoe of claim 9, and further discloses the shoe further comprising:
a sleeve (upper 100; figs. 1-2; para. 0051) attached to the sole (figs. 1-2; para. 0051) and having an opening (ankle opening 104; figs. 1-2; para. 0054) for receiving an ankle (figs. 1-2; para. 0054).
Regarding claim 11, Dyer discloses the shoe of claim 7, and further discloses the shoe further comprising:
a cage (instep region 114 and inelastic regions 112a; figs. 1-2; paras. 0051, 0057) attached to the shoe (figs. 1-2; para. 0051), the cage having a medial side (at medial side 20; figs. 1-2; para. 0053) and a lateral side (at lateral side 18; figs. 1-2; paras. 0051, 0053).
Regarding claim 12, Dyer discloses the shoe of claim 11, and further discloses wherein the first side (inelastic region 112b; figs. 1-2) of the first lacing zone (at medial side 20; figs. 1-2) is a medial wing (figs. 1-2; para. 0056) coupled to the medial side of the shoe (figs. 1-2; para. 0056) and the second side (inelastic region 112a; figs. 1-2) of the first lacing zone is the medial side of the cage (figs. 1-2; para. 0056).
Regarding claim 13, Dyer discloses the shoe of claim 11, and further discloses wherein the first side (inelastic region 112b; figs. 1-2) of the second lacing zone (at lateral side 18; figs. 1-2; para. 0051) is lateral wing (figs. 1-2; para. 0056) coupled to the lateral side of the shoe (figs. 1-2; para. 0056) and the second side of the second lacing zone (inelastic region 112a; figs. 1-2) is the lateral side of the cage (figs. 1-2; para. 0056).
Regarding claim 14, Dyer discloses a shoe (article of footwear 10; figs. 1-2; para. 0051), comprising:
a sole (sole structure 200; figs. 1-2; para. 0051) having a medial side (at medial side 20; figs. 1-2; para. 0053) and a lateral side (at lateral side 18; figs. 1-2; paras. 0051, 0053);
a body (upper 100; figs. 1-2; para. 0051) attached to the sole (figs. 1-2; para. 0051);
a cage (instep region 114 and inelastic regions 112a; figs. 1-2; paras. 0051, 0057) configured to be positioned over a top of the body (figs. 1-2; paras. 0051, 0057) and having a medial side (at medial side 20; figs. 1-2; para. 0053) with a first plurality of eyelets (first cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102) extending along a length of the cage (figs. 1-2) and a lateral side (at lateral side 18; figs. 1-2; paras. 0051, 0053) with a second plurality of eyelets (second cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102) extending along a length of the cage (figs. 1-2);
a third plurality of eyelets (third cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102) coupled to the body (coupled to inelastic region 112b at medial side 20; figs. 1-2; paras. 0098, 0102) or sole; and
a fourth plurality of eyelets (fourth cable guides 412 being eyelets; figs. 1-2; paras. 0098, 0102) coupled to the body (coupled to inelastic region 112b at lateral side 18; figs. 1-2; paras. 0098, 0102) or sole,
wherein the first plurality of eyelets are configured to intertwine with the third plurality of eyelets (figs. 1-2) via at least one lace (lace assembly 402; figs. 1-2; paras. 0051, 0096), and the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets (figs. 1-2) via the at least one lace (figs. 1-2; paras. 0051, 0096).
Regarding claim 16, Dyer discloses the shoe of claim 14, and further discloses wherein the first plurality of eyelets configured to intertwine with the third plurality of eyelets via at least one lace creates a first lacing zone on a medial side of the shoe (at medial side 20; see fig. 2).
Regarding claim 17, Dyer discloses the shoe of claim 16, and further discloses wherein the second plurality of eyelets are configured to intertwine with the fourth plurality of eyelets via the at least one lace creates a second lacing zone on a lateral side of the shoe (at lateral side 18; see fig. 2).
Regarding claim 18, Dyer discloses the shoe of claim 14, and further discloses wherein the cage comprises at least one lace channel (see fig. 17 and annotated fig. 16) configured to receive the at least one lace (see fig. 17 and annotated fig. 16).
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, 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.
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Berger (US 2011/0239486 A1) in view of Sjostrand (US 2020/0170355 A1).
Regarding claim 6, Berger discloses the shoe of claim 1, and further discloses wherein each of the plurality of eyelets comprising:
a first end (adjoining the shoe; figs. 1-5; paras. 0035-0036, 0046) fixedly attached to the shoe (figs. 1-5; para. 0035);
a second end (configured to contact lace 110; figs. 1-5; paras. 0035-0036, 0046) configured to receive the at least one lace (figs. 1-5; paras. 0035-0036).
Berger does not explicitly disclose wherein the second end has rounded edges and a post to reduce friction. However, Sjostrand, in an analogous art, teaches an eyelet (eyelet 100; fig. 1A; para. 0044) comprising a first end (at plastic flange 121; figs. 1A, 3A; paras. 0047, 0050) fixedly attached to a shoe (figs. 1A, 3A; paras. 0047, 0050), a second end (at plastic body 120; figs. 1A, 3A; paras. 0047, 0050) configured to receive at least one lace (lace 2; paras. 0047, 0050), wherein the second end has rounded edges (see figs. 1A, 3A) and a post (the plastic body 120 has a post shape; see figs. 1A, 3A) to reduce friction (capable of reducing friction; figs. 1A, 3A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured each of the plurality of eyelets as disclosed by Berger, with wherein the second end has rounded edges and a post to reduce friction as taught by Sjostrand, in order to use a suitable eyelet for smoothly passing the at least one shoelace when in use.
Regarding claim 20, Berger discloses the shoe of claim 14, and further discloses wherein each of the plurality of eyelets comprising:
a first end (adjoining the shoe; figs. 1-5; paras. 0035-0036, 0046) fixedly attached to the shoe (figs. 1-5; para. 0035);
a second end (configured to contact lace 110; figs. 1-5; paras. 0035-0036, 0046) configured to receive the at least one lace (figs. 1-5; paras. 0035-0036).
Berger does not explicitly disclose wherein the second end has rounded edges and a post to reduce friction. However, Sjostrand, in an analogous art, teaches an eyelet (eyelet 100; fig. 1A; para. 0044) comprising a first end (at plastic flange 121; figs. 1A, 3A; paras. 0047, 0050) fixedly attached to a shoe (figs. 1A, 3A; paras. 0047, 0050), a second end (at plastic body 120; figs. 1A, 3A; paras. 0047, 0050) configured to receive at least one lace (lace 2; paras. 0047, 0050), wherein the second end has rounded edges (see figs. 1A, 3A) and a post (the plastic body 120 has a post shape; see figs. 1A, 3A) to reduce friction (capable of reducing friction; figs. 1A, 3A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured each of the plurality of eyelets as disclosed by Berger, with wherein the second end has rounded edges and a post to reduce friction as taught by Sjostrand, in order to use a suitable eyelet for smoothly passing the at least one shoelace when in use.
Claims 6, 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dyer (US 2020/0077748 A1) in view of Sjostrand (US 2020/0170355 A1).
Regarding claim 6, Dyer discloses the shoe of claim 1. Dyer does not disclose wherein each of the plurality of eyelets comprising: a first end fixedly attached to the shoe; and a second end configured to receive the lace, wherein the second end has rounded edges and a post to reduce friction. However, Sjostrand, in an analogous art, teaches an eyelet (eyelet 100; fig. 1A; para. 0044) comprising a first end (at plastic flange 121; figs. 1A, 3A; paras. 0047, 0050) fixedly attached to a shoe (figs. 1A, 3A; paras. 0047, 0050), a second end (at plastic body 120; figs. 1A, 3A; paras. 0047, 0050) configured to receive at least one lace (lace 2; paras. 0047, 0050), wherein the second end has rounded edges (see figs. 1A, 3A) and a post (the plastic body 120 has a post shape; see figs. 1A, 3A) to reduce friction (capable of reducing friction; figs. 1A, 3A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the eyelets as disclosed by Dyer, with wherein each of the plurality of eyelets comprising: a first end fixedly attached to the shoe; and a second end configured to receive the lace, wherein the second end has rounded edges and a post to reduce friction as taught by Sjostrand, in order to use a suitable eyelet for smoothly passing the at least one shoelace when in use.
Regarding claim 8, Dyer discloses the shoe of claim 7. Dyer does not disclose wherein each of the plurality of eyelets comprising: a first end fixedly attached to the shoe; and a second end configured to receive the lace, wherein the second end has rounded edges and a post to reduce friction. However, Sjostrand, in an analogous art, teaches an eyelet (eyelet 100; fig. 1A; para. 0044) comprising a first end (at plastic flange 121; figs. 1A, 3A; paras. 0047, 0050) fixedly attached to a shoe (figs. 1A, 3A; paras. 0047, 0050), a second end (at plastic body 120; figs. 1A, 3A; paras. 0047, 0050) configured to receive at least one lace (lace 2; paras. 0047, 0050), wherein the second end has rounded edges (see figs. 1A, 3A) and a post (the plastic body 120 has a post shape; see figs. 1A, 3A) to reduce friction (capable of reducing friction; figs. 1A, 3A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the eyelets as disclosed by Dyer, with wherein each of the plurality of eyelets comprising: a first end fixedly attached to the shoe; and a second end configured to receive the lace, wherein the second end has rounded edges and a post to reduce friction as taught by Sjostrand, in order to use a suitable eyelet for smoothly passing the at least one shoelace when in use.
Regarding claim 20, Dyer discloses the shoe of claim 14. Dyer does not disclose wherein each of the plurality of eyelets comprising: a first end fixedly attached to the shoe; and a second end configured to receive the at least one lace, wherein the second end has rounded edges and a post to reduce friction. However, Sjostrand, in an analogous art, teaches an eyelet (eyelet 100; fig. 1A; para. 0044) comprising a first end (at plastic flange 121; figs. 1A, 3A; paras. 0047, 0050) fixedly attached to a shoe (figs. 1A, 3A; paras. 0047, 0050), a second end (at plastic body 120; figs. 1A, 3A; paras. 0047, 0050) configured to receive at least one lace (lace 2; paras. 0047, 0050), wherein the second end has rounded edges (see figs. 1A, 3A) and a post (the plastic body 120 has a post shape; see figs. 1A, 3A) to reduce friction (capable of reducing friction; figs. 1A, 3A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the eyelets as disclosed by Dyer, with wherein each of the plurality of eyelets comprising: a first end fixedly attached to the shoe; and a second end configured to receive the at least one lace, wherein the second end has rounded edges and a post to reduce friction as taught by Sjostrand, in order to use a suitable eyelet for smoothly passing the at least one shoelace when in use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Selbiger (US 4,817,303 A) and Okajima (US 6,119,372 A) each can be a 102 reference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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, KHOA HUYNH can be reached on (571)272-4888. 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.
/AIYING ZHAO/Primary Examiner, Art Unit 3732