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 .
This is in response to Applicant’s amendment in which claims 2, 3, 7, 10, 14, 17, 19, and 20 have been amended, and claims 2-21 remain pending.
Claim Objections
Claims 8 and 18 are objected to because of the following informalities:
Claim 8 recites the limitation recites “the cuff” in line 2. However, claim 2 previously recites “ an upper portion or cuff” (emphasis added for clarity), which does not necessarily require the cuff. The claim should be amended to clarify that the cuff is definitely positively recited, or to maintain consistent language (i.e. recite ‘the upper portion or cuff’ in claim 8).
Claim 18 recites the limitation recites “the cuff” in line 2. However, claim 10 previously recites “ an upper portion or cuff” (emphasis added for clarity), which does not necessarily require the cuff. The claim should be amended to clarify that the cuff is definitely positively recited, or to maintain consistent language (i.e. recite ‘the upper portion or cuff’ in claim 18).
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2, 3, 9-14, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harald (US 2013/0205622) in view of Reagan et al. (US 7,281,341), herein Reagan, and Elkington et al. (US 2004/0226190), herein Elkington.
Regarding claim 2, Harald discloses a closure system for alpine boots comprising: an alpine boot (10) including: an upper portion or cuff (zone 3) that is positionable about a wearer's leg; and a lower portion (zones 1, 2) that is positionable over a wearer's foot; a first closure system including (50c”): a first closure device (lace holder) that is coupled with the boot; a first tension member (lace) that is operationally coupled with the first closure device; and at least one first guide member (as seen in Fig. 2) that is coupled with the boot and that is configured to route or guide the first tension member along a first path about the boot; a second closure system (50c’) including: a second closure device that is coupled with the boot; a second tension member that is operationally coupled with the second closure device; and a second guide member that is coupled with the boot and that is configured to route or guide the second tension member along a second path about the boot (as seen in Fig. 2); and a third closure system (50a) including: a third closure device that is coupled with the boot; a third tension member that is operationally coupled with the third closure device; and a third guide member that is coupled with the boot and that is configured to route or guide the third tension member along a third path about the boot (as seen in Fig. 2); wherein the first closure device, the second closure device, and the third closure device are independently operable to independently tighten respective portions of the boot (paragraphs 0006, 0024-0027; Fig. 2).
Harald does not disclose that the closure devices are reel based closure devices. Reagan teaches a boot (2) having independently operable closure systems (column 5, lines 6-20; Fig. 1). The closure systems include a closure device which may be in the form of a lace lock, or may be a reel based closure device (column 7, lines 51-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a reel based closure device, as taught by Reagan, in the closure systems of Harald as this would be a simple substitution of one type of lace closure device for another, with the predictable result of allowing for precise tightening and loosening of the laces with one handed operation and no loose lace ends.
Harald does not explicitly disclose that at least two of the reel based closure devices are positioned on a same side of the alpine boot. Elkington teaches a closure system for alpine boots including a first closure system with a first reel based closure device (12a) and a first tension member (11) for tightening the instep area, and a second closure system with a second reel based closure device (12b) and a second tension member (11z) for tightening the upper area. The two reel based closure devices may both be positioned on a same side (front of the tongue) of the boot (paragraph 0051; Fig. 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position at least two of the closure devices (for example 50c’ and 50c”) of the combination of Harald and Reagan on a same side of the boot (such as the front tongue), as taught by Elkington, in order to simplify the routing of the tension members and allow a user to more easily access both closure devices within a similar area on the boot.
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Regarding claim 3, Harald discloses that the first reel based closure device is coupled with the boot's cuff and is configured to tighten the cuff (Fig. 2).
Regarding claim 9, Reagan teaches that the first reel based closure device, the second reel based closure device, and the third reel based closure device are incrementally adjustable.
Regarding claim 10, Harald discloses a closure system for a boot comprising: a boot (10) including: an upper portion or cuff (zone 3) that is positionable about a leg of a wearer; and a lower portion (zones 1, 2) that is positionable over a foot of the wearer; a first closure device (50c”) coupled with the boot, the first closure device being operable to effect closure or tightening of a first portion of the boot; a second closure device (50c’) coupled with the boot, the second closure device being operable to effect closure or tightening of a second portion of the boot; and a third closure device (50a) coupled with the boot, the third closure device being operable to effect closure or tightening of a third portion of the boot; wherein the first closure device, the second closure device, and the third closure device are independently operable to effect closure or tightening of the first portion, the second portion, and the third portion of the boot (paragraphs 0006, 0024-0027; Fig. 2).
Harald does not disclose that the closure devices are reel based closure devices. Reagan teaches a boot (2) having independently operable closure systems (column 5, lines 6-20; Fig. 1). The closure systems include a closure device which may be in the form of a lace lock, or may be a reel based closure device (column 7, lines 51-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a reel based closure device, as taught by Reagan, in the closure systems of Harald as this would be a simple substitution of one type of lace closure device for another, with the predictable result of allowing for precise tightening and loosening of the laces with one handed operation and no loose lace ends.
Harald does not explicitly disclose that at least two of the reel based closure devices are positioned on a same side of the alpine boot. Elkington teaches a closure system for alpine boots including a first closure system with a first reel based closure device (12a) and a first tension member (11) for tightening the instep area, and a second closure system with a second reel based closure device (12b) and a second tension member (11z) for tightening the upper area. The two reel based closure devices may both be positioned on a same side (front of the tongue) of the boot (paragraph 0051; Fig. 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position at least two of the closure devices (for example 50c’ and 50c”) of the combination of Harald and Reagan on a same side of the boot (such as the front tongue), as taught by Elkington, in order to simplify the routing of the tension members and allow a user to more easily access both closure devices within a similar area on the boot.
Regarding claim 11, Harald discloses a first tension member (lace) that is operationally coupled with the first reel based closure device and at least one first guide member (Fig. 2)that is configured to route or guide the first tension member along a path about the first portion of the boot.
Regarding claim 12, Harald discloses a second tension member (lace) that is operationally coupled with the second reel based closure device and at least one second guide member (Fig. 2) that is configured to route or guide the second tension member along a path about the second portion of the boot.
Regarding claim 13, Harald discloses a third tension member (lace) that is operationally coupled with the third reel based closure device and at least one third guide member (Fig. 2) that is configured to route or guide the third tension member along a path about the third portion of the boot.
Regarding claim 14, Harald discloses that the first reel based closure device is coupled with the boot's cuff and is configured to tighten the cuff (Fig. 2).
Regarding claim 19, Harald discloses a method of configuring a boot with a closure system, the method comprising: providing a boot (10) that includes: an upper portion or cuff (zone 3) that is positionable about a leg of a wearer; and a lower portion (zones 1, 2) that is positionable over a foot of the wearer; coupling a first closure device (50c”) with the boot so that the first closure device is operable to effect closure or tightening of a first portion of the boot; coupling a second closure device (50c’) with the boot so that the second closure device is operable to effect closure or tightening of a second portion of the boot; and coupling a third closure device (50a) with the boot so that the third closure device is operable to effect closure or tightening of a third portion of the boot; wherein the first closure device, the second closure device, and the third closure device are independently operable to effect closure or tightening of the first portion, the second portion, and the third portion of the boot (paragraphs 0006, 0024-0027; Fig. 2).
Harald does not disclose that the closure devices are reel based closure devices. Reagan teaches a boot (2) having independently operable closure systems (column 5, lines 6-20; Fig. 1). The closure systems include a closure device which may be in the form of a lace lock, or may be a reel based closure device (column 7, lines 51-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a reel based closure device, as taught by Reagan, in the closure systems of Harald as this would be a simple substitution of one type of lace closure device for another, with the predictable result of allowing for precise tightening and loosening of the laces with one handed operation and no loose lace ends.
Harald does not explicitly disclose that at least two of the reel based closure devices are positioned on a same side of the alpine boot. Elkington teaches a closure system for alpine boots including a first closure system with a first reel based closure device (12a) and a first tension member (11) for tightening the instep area, and a second closure system with a second reel based closure device (12b) and a second tension member (11z) for tightening the upper area. The two reel based closure devices may both be positioned on a same side (front of the tongue) of the boot (paragraph 0051; Fig. 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position at least two of the closure devices (for example 50c’ and 50c”) of the combination of Harald and Reagan on a same side of the boot (such as the front tongue), as taught by Elkington, in order to simplify the routing of the tension members and allow a user to more easily access both closure devices within a similar area on the boot.
Regarding claim 20, Harald discloses that coupling the first reel based closure device with the boot comprising coupling the first reel based closure device with the boot's cuff (Fig. 2).
Claim(s) 2-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gulla (US 2015/0359296) in view of Martin et al. (US 7,386,947), herein Martin, and Fischer Sports (AT 517582 B1), herein Fischer.
Regarding claim 2, Gulla discloses a closure system for alpine boots comprising: an alpine boot (100) including: an upper portion or cuff (114) that is positionable about a wearer's leg; and a lower portion (112) that is positionable over a wearer's foot; a first closure system including: a first reel based closure device (170) that is coupled with the boot; a first tension member (140) that is operationally coupled with the first reel based closure device; and at least one first guide member (160, 164) that is coupled with the boot and that is configured to route or guide the first tension member along a first path about the boot; a second closure system including: a second reel based closure device (172) that is coupled with the boot; a second tension member (142) that is operationally coupled with the second reel based closure device; and a second guide member (162) that is coupled with the boot and that is configured to route or guide the second tension member along a second path about the boot; wherein the first reel based closure device and the second reel based closure device are independently operable to independently tighten respective portions of the boot (paragraphs 0074-0078; Fig. 3A-3C).
Gulla discloses a liner, but does not disclose a third closure system. Martin teaches an alpine boot (100) including a liner (160) having a closure system including: a reel based closure device (190) that is coupled with the lateral side of the boot; a tension member (166) that is operationally coupled with the reel based closure device; and a guide member (180) that is coupled with the boot and that is configured to route or guide the tension member along a path about the boot. The closure system allows a user to independently tighten and loosen the fit of the liner around the foot (column 4, line 31-column 6, line 15; Fig. 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a third closure system, as taught by Martin, on the liner of Gulla in order to allow a user to independently tighten and loosen the fit of the liner around the foot, improving the comfort and wearability of the liner.
The combination of Gulla and Martin does not explicitly disclose that at least two of the reel based closure devices are positioned on a same side of the alpine boot. Fischer teaches a closure system for an alpine boot (1) including a reel based closure device (12), a tension member (8) and a guide member (9). The reel based closure device is coupled to the boot’s lower lateral portion and is configured to tighten the lower portion (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the second reel based closure device of Gulla and Martin on the lower lateral portion, as taught by Fischer, as this would be a simple substitution of one location on the boot for another, with the predictable result of eliminating the long run of lace up to the upper portion, decreasing the friction of the lace running through the boot, and simplifying the overall structure. At least two of the reel based closure devices would be on a same (lateral) side of the alpine boot, allowing easy access by the user.
Regarding claim 3, Gulla discloses that the first reel based closure device is coupled with the boot's cuff and is configured to tighten the cuff (Fig. 3C).
Regarding claim 9, Gulla and Martin teach that the first reel based closure device, the second reel based closure device, and the third reel based closure device are incrementally adjustable.
Regarding claim 10, Gulla discloses a closure system for a boot comprising: a boot (100) including: an upper portion or cuff (114) that is positionable about a leg of a wearer; and a lower portion (112) that is positionable over a foot of the wearer; a first reel based closure device (170) coupled with the boot, the first reel based closure device being operable to effect closure or tightening of a first portion of the boot; a second reel based closure device (172) coupled with the boot, the second reel based closure device being operable to effect closure or tightening of a second portion of the boot; wherein the first reel based closure device and the second reel based closure device are independently operable to effect closure or tightening of the first portion and the second portion of the boot (paragraphs 0074-0078; Fig. 3A-3C).
Gulla discloses a liner, but does not disclose a third closure device. Martin teaches an alpine boot (100) including a liner (160) having a closure system including: a reel based closure device (190) that is coupled with the boot; a tension member (166) that is operationally coupled with the reel based closure device; and a guide member (180) that is coupled with the boot and that is configured to route or guide the tension member along a path about the boot. The closure system allows a user to independently tighten and loosen the fit of the liner around the foot (column 4, line 31-column 6, line 15; Fig. 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a third closure device, as taught by Martin, on the liner of Gulla in order to allow a user to independently tighten and loosen the fit of the liner around the foot, improving the comfort and wearability of the liner.
The combination of Gulla and Martin does not explicitly disclose that at least two of the reel based closure devices are positioned on a same side of the alpine boot. Fischer teaches a closure system for an alpine boot (1) including a reel based closure device (12), a tension member (8) and a guide member (9). The reel based closure device is coupled to the boot’s lower lateral portion and is configured to tighten the lower portion (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the second reel based closure device of Gulla and Martin on the lower lateral portion, as taught by Fischer, as this would be a simple substitution of one location on the boot for another, with the predictable result of eliminating the long run of lace up to the upper portion, decreasing the friction of the lace running through the boot, and simplifying the overall structure. At least two of the reel based closure devices would be on a same (lateral) side of the alpine boot, allowing easy access by the user.
Regarding claim 11, Gulla discloses a first tension member (140) that is operationally coupled with the first reel based closure device and at least one first guide member (160, 164)that is configured to route or guide the first tension member along a path about the first portion of the boot.
Regarding claim 12, Gulla discloses a second tension member (142) that is operationally coupled with the second reel based closure device and at least one second guide member (162) that is configured to route or guide the second tension member along a path about the second portion of the boot.
Regarding claim 13, Martin teaches a third tension member (166) that is operationally coupled with the third reel based closure device and at least one third guide member (180) that is configured to route or guide the third tension member along a path about the third portion of the boot.
Regarding claim 14, Gulla discloses that the first reel based closure device is coupled with the boot's cuff and is configured to tighten the cuff (Fig. 3C).
Regarding claim 19, Gulla discloses a method of configuring a boot with a closure system, the method comprising: providing a boot (100) that includes: an upper portion or cuff (114) that is positionable about a leg of a wearer; and a lower portion (112) that is positionable over a foot of the wearer; coupling a first reel based closure device (170) with the boot so that the first reel based closure device is operable to effect closure or tightening of a first portion of the boot; coupling a second reel based closure device (172) with the boot so that the second reel based closure device is operable to effect closure or tightening of a second portion of the boot; wherein the first reel based closure device and the second reel based closure device are independently operable to effect closure or tightening of the first portion and the second portion of the boot (paragraphs 0074-0078; Fig. 3A-3C).
Gulla discloses a liner, but does not disclose a third closure device. Martin teaches an alpine boot (100) including a liner (160) having a closure system including: a reel based closure device (190) that is coupled with the boot; a tension member (166) that is operationally coupled with the reel based closure device; and a guide member (180) that is coupled with the boot and that is configured to route or guide the tension member along a path about the boot. The closure system allows a user to independently tighten and loosen the fit of the liner around the foot (column 4, line 31-column 6, line 15; Fig. 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a third closure device, as taught by Martin, on the liner of Gulla in order to allow a user to independently tighten and loosen the fit of the liner around the foot, improving the comfort and wearability of the liner.
The combination of Gulla and Martin does not explicitly disclose that at least two of the reel based closure devices are positioned on a same side of the alpine boot. Fischer teaches a closure system for an alpine boot (1) including a reel based closure device (12), a tension member (8) and a guide member (9). The reel based closure device is coupled to the boot’s lower lateral portion and is configured to tighten the lower portion (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the second reel based closure device of Gulla and Martin on the lower lateral portion, as taught by Fischer, as this would be a simple substitution of one location on the boot for another, with the predictable result of eliminating the long run of lace up to the upper portion, decreasing the friction of the lace running through the boot, and simplifying the overall structure. At least two of the reel based closure devices would be on a same (lateral) side of the alpine boot, allowing easy access by the user.
Regarding claim 20, Gulla discloses that coupling the first reel based closure device with the boot comprising coupling the first reel based closure device with the boot's cuff (Fig. 3C).
Regarding claims 4, 15, and 21, Fischer teaches that the second reel based closure device is coupled with the boot’s lower portion and is configured to tighten the lower portion (Fig. 1).
Regarding claims 5 and 16, Martin teaches that the third reel based closure device is coupled with a liner of the boot and is configured to tighten the liner.
Regarding claim 6, Martin teaches that the third guide member is coupled with the liner and is configured to route or guide the third tension member along a path about the liner (Fig. 3).
Regarding claims 7 and 17, Martin teaches that the third reel based closure device is coupled with the boot's cuff (Fig. 3).
Regarding claims 8 and 18, Martin teaches that the third reel based closure device is coupled with a strap (189) of the cuff (Fig. 4A).
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (571) 272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARON M PRANGE/ Primary Examiner, Art Unit 3732
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