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
Claims 6-7, and 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on June 8, 2026.
Applicant's election with traverse of species 2 of figures 8-14B, directed to claims 1, 8-9, 15 and 16 in the reply filed on June 8, 2026 is acknowledged. The traversal is on the ground(s) that claims 2-5 and 10-12 also read on species 2 and should be examined with the group noted above. This is found persuasive and claims 2-5 and 10-12 are therefore rejoined and examined with the elected group; however, claims 6-7 and 13-14 remain withdrawn from consideration under 37 CFR 1.142(b) as being directed to the non-elected species.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 4 is objected to because of the following informalities: the recitation “includes first reel-side lock portions” (line 2) is suggested to be replaced with -- includes a plurality of first reel-side lock portions --. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: the recitation “includes first reel-side lock portions” (line 2) is suggested to be replaced with -- includes a plurality of first reel-side lock portions --. 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 8-9 and 15-16 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 8, the fastening device is further defined with a shaft-side flange portion (251), a shaft-side protruding portion (252), and a shaft (250) in lines 2-4 as three elements of the claimed invention. The claim further recites the protruding portion (252) is provided at the flange portion (251) in lines 5-6 and the shaft (250) including a lock portion (252a) provided at the protruding portion (252) in lines 7-8. It is therefore unclear whether the shaft-side flange portion (251) and the shaft-side protruding portion (252) are structural components of the shaft (250) or elements separate from and merely associated with the shaft (250). It is noted that the disclosure has provided support for the portions (251, 252) to be elements of the shaft (250). Clarification and appropriate correction are required. Claim 9 depends from claim 8 and therefore is also rejected under this section. Claims 15 and 16 are rejected for the same reasons set forth above with respect to claims 8 and 9, respectively.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang, US 2024/0065380 in view of Hammerslag, US 7,591,050.
Regarding claim 1, Chang discloses a fastening device comprising: a cover (40); a reel (20); and a base (10), wherein the cover includes a flat portion (plate of 41), a first cover-side protruding portion (wall of 42), and a ratchet gear (421), the first cover-side protruding portion (42) is provided at a lower surface of the flat portion (41), and protrudes downward (42 extends downwardly from 41), the reel (20) includes a first reel-side flange portion (22), a first reel-side cylindrical portion (23), and a second reel-side flange portion (21), the first reel-side cylindrical portion (23) is provided at a lower surface of the first reel-side flange portion, and protrudes downward (23 is connected between 22 and 21, defining groove 24), the second reel-side flange portion (21) is provided at a lower end of the first reel-side cylindrical portion (23), the base includes a base-side flange portion (11), a base-side protruding portion (12), and a claw (121a, 122a), the base-side protruding portion (12) is provided at an upper surface of the base-side flange portion (11), and protrudes upward (12 extends upwardly from 11), the reel (20) is located on an inner peripheral side of the base-side protruding portion (20 is disposed in space 13 surrounded and confined by 11 and 12), the ratchet gear (421) and the claw (121a, 122a) are configured to engage with each other (at P1).
Chang does not explicitly disclose a first cover-side lock portion is provided at an inner peripheral surface of the first cover-side protruding portion, the ratchet gear is provided at an outer peripheral surface of the first cover-side protruding portion, the first reel-side flange portion is provided, at an outer peripheral surface thereof, with a first reel-side lock portion, the claw is provided at an inner peripheral surface of the base-side protruding portion, the first cover-side protruding portion is located on the inner peripheral side of the base-side protruding portion and an outer peripheral side of the first reel-side flange portion, and the first cover-side lock portion and the first reel-side lock portion are configured to engage with each other.
Hammerslag teaches a footwear lacing system comprising a cover (404), a reel (426) and a base (member of 402), wherein: the first cover-side lock portion (452) is provided at an inner peripheral surface of the first cover-side protruding portion (annular skirt of 404); the ratchet gear (450) is provided at an outer peripheral surface of the first cover-side protruding portion (skirt of 404; see figure 40); the first reel-side flange portion (upper flange of 426) is provided, at an outer peripheral surface thereof, with a first reel-side lock portion (428), the claw (416; sloped teeth) is provided at an inner peripheral surface of the base-side protruding portion (annular wall of 402), the first cover-side protruding portion (annular skirt of 404; figure 39) is located on the inner peripheral side of the base-side protruding portion (of 402) and an outer peripheral side of the first reel-side flange portion (upper flange of spool 426), and the first cover-side lock portion (452) and the first reel-side lock portion (428) are configured to engage with each other.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover, the reel, and the base of Chang to adopt the nested engagement arrangement of Hammerslag to locate the first cover-side protruding portion (42) on the inner peripheral side of the base protruding portion (12) and on the outer peripheral side of the first reel-side flange portion (22) with the ratchet engagement on the outer surface of the portion (42) and the reel engagement on its inner surface in order to consolidate both the ratchet interface and the cover and reel interface into a single stack, thereby shortening the axial height of the fastening device and reducing the number of separate parts.
Regarding claim 2, the combination of Chang and Hammerslag teaches the fastening device according to claim 1, Chang further discloses wherein the cover (40) is movable upward relative to the reel (20) and the base (10). The combination further teaches and when the cover (40 of Chang) moves upward, the first cover-side lock portion (452 of Hammerslag) and the first reel-side lock portion (428 of Hammerslag) disengage from each other.
Regarding claim 3, the combination of Chang and Hammerslag teaches the fastening device according to claim 1. The combination further teaches wherein the first cover-side lock portion (452 of Hammerslag) has a recessed-raised shape (figure 37A), and is provided over an entirety of the inner peripheral surface of the first cover-side protruding portion (wall of 42 of Chang), the ratchet gear (421 of Chang) has a recessed-raised shape, and is provided over an entirety of the outer peripheral surface of the first cover-side protruding portion (421 is distributed circumferentially on the inner wall surface of 72).
The combination does not expressly teach the recessed-raised shape of the ratchet gear has a dimension greater than that of the recessed-raised shape of the first cover-side lock portion, and the claw has a dimension greater than that of the first reel-side lock portion. However, the claimed relationships are directed to relative size of engagement profiles in which smaller cover and reel-side lock profiles provide easier engagement while larger gear and claw profiles should increase resistance in rotation so that a cord would less likely be loosened. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the profile dimensions of the ratchet gear, claw, and lock portions of the combination of Chang and Hammerslag to arrive at the claimed invention in order to balance ease of assembly against retention force, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 4, the combination of Chang and Hammerslag teaches fastening device according to claim 1. Chang further discloses wherein the engagement elements (121a, 122a) are provided at equal angular intervals about a rotation axis (14).
The combination does not expressly teach the first reel-side lock portion includes first reel-side lock portions provided at an interval of 90 degrees at the outer peripheral surface of the first reel-side flange portion. The Examiner takes Official Notice that arranging four cooperating engagement teeth at 90-degree intervals about the rotary member is a conventional design in the mechanical fastener art, employed to balance torque transmission about the rotation axis. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the first reel-side lock portions (428) at 90-degree intervals, in order to distribute the transmitted torque evenly and to permit injection molding of the reel. Further, it is noted that it would be obvious to rearrange parts when the modification does not affect operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70.
Regarding claim 5, the combination of Chang and Hammerslag teaches the fastening device according to claim 1, Chang further discloses wherein when the cover (40) moves upward, the claw (121a, 122a) and the ratchet gear (421) disengage from each other.
Regarding claim 10, the combination of Chang and Hammerslag teaches the fastening device according to claim 2. The combination further teaches wherein the first cover-side lock portion (452 of Hammerslag) has a recessed-raised shape (figure 37A), and is provided over an entirety of the inner peripheral surface of the first cover-side protruding portion (wall of 42 of Chang), the ratchet gear (421 of Chang) has a recessed-raised shape, and is provided over an entirety of the outer peripheral surface of the first cover-side protruding portion (421 is distributed circumferentially on the inner wall surface of 72).
The combination does not expressly teach the recessed-raised shape of the ratchet gear has a dimension greater than that of the recessed-raised shape of the first cover-side lock portion, and the claw has a dimension greater than that of the first reel-side lock portion. However, the claimed relationships are directed to relative size of engagement profiles in which smaller cover and reel-side lock profiles provide easier engagement while larger gear and claw profiles should increase resistance in rotation so that a cord would less likely be loosened. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the profile dimensions of the ratchet gear, claw, and lock portions of the combination of Chang and Hammerslag to arrive at the claimed invention in order to balance ease of assembly against retention force, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 11, the combination of Chang and Hammerslag teaches fastening device according to claim 2. Chang further discloses wherein the engagement elements (121a, 122a) are provided at equal angular intervals about a rotation axis (14).
The combination does not expressly teach the first reel-side lock portion includes first reel-side lock portions provided at an interval of 90 degrees at the outer peripheral surface of the first reel-side flange portion. The Examiner takes Official Notice that arranging four cooperating engagement teeth at 90-degree intervals about the rotary member is a conventional design in the mechanical fastener art, employed to balance torque transmission about the rotation axis. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the first reel-side lock portions (428) at 90-degree intervals, in order to distribute the transmitted torque evenly and to permit injection molding of the reel. Further, it is noted that it would be obvious to rearrange parts when the modification does not affect operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70.
Regarding claim 12, the combination of Chang and Hammerslag teaches the fastening device according to claim 2, Chang further discloses wherein when the cover (40) moves upward, the claw (121a, 122a) and the ratchet gear (421) disengage from each other.
Allowable Subject Matter
Claims 8-9 and 15-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited. For example, US 10,258,109 discloses a base member with annular gear engaging a ratchet pawl; US 8,353,088 discloses a rotator with ratchet gear on inner surface, coupling shaft through center of rotation member; US 2019/0320763 discloses a ratchet on rotating component with arresting disk received on its inner peripheral side, position limiting buckle retaining the thread reel on the base; and US 2023/0371654 discloses spool teeth engaging knob underside teeth, housing teeth engaging knob pawls, knob lifted axially to disengaged position.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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