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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over US2018/0110286 (“Vuong”) in view of US2016/0091109 (“Woods”).
Regarding claim 1, Vuong discloses (see fig. 7B) a footwear foot support system, comprising:
a foot support bladder (“130A”, “130B” and/or “120S”);
a fluid source (“176”; see specification paragraph [0057]);
a manifold body (body of fluid manifold which connects fluid source “176” to foot support bladders “130A”, “130B” and “120S”) defining an internal chamber (chamber through which fluid flows to foot support bladder(s) “130A”, “130B” and/or “120S”); and
a first port (port connecting to one of foot support bladders “130A”, “130B” and/or “120S”) in fluid communication with the internal chamber.
Vuong discloses fluid moving between the foot support bladder (“130A”, “130B” and/or “120S”) and the fluid source (“176”; see specification paragraph [0057]).
However, Vuong is silent to a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator; and a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and to move fluid between the foot support bladder and the fluid source.
Woods teaches an inflation device having a manifold body (“16”) defining an internal chamber (internal chamber of manifold body “16”);
a first port (port defined by housing “18” of first valve “22”) in fluid communication with the internal chamber;
a first valve (“22”) controlling fluid flow through the first port, wherein the first valve includes a first valve activator (“42”); and
a movable cam (“32”) at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces (“62”) that interact with the first valve activator to change the first valve between a closed configuration (see positions corresponding to rotational angle 60 degrees, 150 degrees, 240 degrees and 330 degrees; see fig. 7) and an open configuration (see positions corresponding to rotational angles zero degrees; see fig. 7) and to move fluid between a support bladder (“ZONE 1” of zoned air mattress) and a fluid source (pump; see specification paragraph [0033]) or exhaust vent valve (“30”).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Vuong by employing a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator, and a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration, as taught by Woods, to have a compact means of controlling fluid between the fluid source and the foot support bladder.
Regarding claim 2, the combination of Vuong and Woods discloses the first port (Woods, port defined by housing “18” of first valve “22”) places the fluid source (Vuong, “176”) in fluid communication with the internal chamber (Woods, internal chamber of manifold body “16”).
Regarding claim 3, the combination of Vuong and Woods discloses the first port (Woods, port defined by housing “18” of first valve “22”) placing the foot support bladder (Vuong, “130A”, “130B” and/or “120S”) in fluid communication with the internal chamber (Woods, internal chamber of manifold body “16”).
Regarding claim 4, the combination of Vuong and Woods discloses a motor (Woods, see specification paragraph [0032]) operatively coupled with the movable cam (Woods, “32”) to move the movable cam to place the one or more first valve activator surfaces (Woods, “62”) in a plurality of different positions (Woods, first valve “22” open and closed positions; see corresponding actuation angles in fig. 7) with respect to the internal chamber of the manifold body (Woods, “16”).
Regarding claim 5, the combination of Vuong and Woods discloses the fluid source (Vuong, “176”) includes at least one member selected from the group consisting of: (a) a pump, (b) a foot-activated pump, (c) a compressor, and (d) a fluid filled bladder reservoir (Vuong, “176”; see specification paragraph [0057]).
Regarding claim 6, the combination of Vuong and Woods discloses the first port (Woods, port defined by housing “18” of first valve “22”) places the fluid source (Vuong, “176”, via inlet port, Woods, “20”) in fluid communication with the internal chamber (Woods, interior chamber of body “16”), and wherein the footwear foot support system further comprises:
a second port (Woods, port defined by housing of venting valve “30”) in fluid communication with the foot support bladder (Vuong, “130A”, “130B” and/or “120S”) and the internal chamber; and
a second valve (Woods “30”) controlling fluid flow through the second port, wherein the second valve includes a second valve activator (Woods, “50”),
wherein the movable cam (Woods, “32”) further includes one or more second valve activator surfaces (Woods, “64”) that interact with the second valve activator to change the second valve between a closed configuration (Woods, position where venting valve element “60” obstructs flow through venting valve “30”) and an open configuration (Woods, positions where fluid from manifold body “16” is vented to atmosphere corresponding to position angles 30 degrees, 120 degrees, 210 degrees and 300 degrees; see fig. 7).
Regarding claim 8, the combination of Vuong and Woods discloses the fluid source comprises a fluid filled bladder reservoir (Vuong, “176”; see specification paragraph [0057]).
Regarding claim 9, the combination of Vuong and Woods discloses an input device (Vuong, “170”; see specification paragraph [0056]) for receiving user input including at least one of foot support pressure selection information or foot support pressure change information, wherein the movable cam (Woods, “32”) is configured to be controlled based on the user input to set or change foot support pressure in the foot support bladder (Vuong, see specification paragraphs [0056] and [0057]).
Regarding claim 10, the combination of Vuong and Woods discloses the input device (Vuong, “170”; see specification paragraph [0056]) includes a member selected from the group consisting of: a cellular telephone, a computing device, a manually movable switch, and a dial.
Regarding claim 11, the combination of Vuong and Woods discloses a first operational state (Woods, see angle position of zero degrees; see fig. 7), the movable cam (Woods, “32”) is positioned so as to move fluid through the internal chamber of the manifold body (Woods, “16”) from the fluid source (Vuong, “176”) to the foot support bladder (Vuong, “130A”, “130B” and/or “120S”) to thereby increase fluid pressure in the foot support bladder (Vuong, see specification paragraph [0057]), and wherein in a second operational state (Woods, see angle position of 30 degrees; see fig. 7), the movable cam is positioned so as to move fluid through the internal chamber of the manifold body from the foot support bladder to an exterior environment location (Vuong, to “atmosphere”, see paragraph [0057]; and/or Woods, via vent valve “30”, see specification paragraph [0035]) to thereby decrease fluid pressure in the foot support bladder.
Regarding claim 12, Vuong discloses a footwear foot support system, comprising:
a foot support bladder (“130A”, “130B” and/or “120S”);
a manifold body (body of fluid manifold which connects fluid source “176” to foot support bladders “130A”, “130B” and “120S”) defining an internal chamber (chamber through which fluid flows to foot support bladder(s) “130A”, “130B” and/or “120S”);
a first port (port connecting to one of foot support bladders “130A”, “130B” and/or “120S”) in fluid communication with the foot support bladder and the internal chamber; and
a second port (“174” and/or “178”; see specification paragraph [0057]) in fluid communication with the internal chamber and an external environment (“ambient atmosphere”; see specification paragraph [0057]).
Vuong discloses fluid moving between the foot support bladder (“130A”, “130B” and/or “120S”) and the fluid source (“176”; see specification paragraph [0057]) and the external environment.
However, Vuong is silent to a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator;
a second valve controlling fluid flow through the second port, wherein the second valve includes a second valve activator; and
a movable cam at least partially located within the internal chamber, wherein the movable cam includes: (a) one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and (b) one or more second valve activator surfaces that interact with the second valve activator to change the second valve between a closed configuration and an open configuration.
Woods teaches an inflation device having a manifold body (“16”) defining an internal chamber (interior chamber of manifold body “16”);
a first port (port defined by housing “18” of first valve “22”) in fluid communication with a support bladder (zone of air mattress) and the internal chamber;
a first valve (“22”) controlling fluid flow through the first port, wherein the first valve includes a first valve activator (“42”);
a second port (port defined by housing “18” of second valve “30”) in fluid communication with the internal chamber and an external environment (“atmosphere”; see specification paragraph [0035]);
a second valve (“30”) controlling fluid flow through the second port, wherein the second valve includes a second valve activator (“50”); and
a movable cam (“32”) at least partially located within the internal chamber, wherein the movable cam includes: (a) one or more first valve activator surfaces (“62”) that interact with the first valve activator to change the first valve between a closed configuration (see positions corresponding to rotational angle 60 degrees, 150 degrees, 240 degrees and 330 degrees; see fig. 7) and an open configuration (see positions corresponding to rotational angles zero degrees and 30 degrees; see fig. 7) and (b) one or more second valve activator surfaces (“64”; see fig. 6) that interact with the second valve activator to change the second valve between a closed configuration (vent valve “30” is closed during all inflate configurations and “ALL ZONES CLOSED” configurations; see fig. 7) and an open configuration (vent valve “30” is open during all vent configurations, corresponding to angular positions 30 degrees, 120 degrees, 210 degrees and 300 degrees; see fig. 7).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Vuong by employing a first valve, a second valve, and a movable cam, wherein the movable cam includes: (a) one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and (b) one or more second valve activator surfaces that interact with the second valve activator to change the second valve between a closed configuration and an open configuration, as taught by Woods, to have a compact means of controlling fluid between the fluid source and the foot support bladder.
Regarding claim 13, the combination of Vuong and Woods discloses in a first operational state (Woods, “VENT ZONE 1” configuration corresponding to angular position of 30 degrees; see fig. 7), the movable cam (Woods, “32”) is positioned such that: (a) at least one first valve activator surface (Woods, “62”) interacts with the first valve activator (Woods, “42”) to place the first valve in the open configuration and (b) at least one second valve activator surface (Woods, “64”) interacts with the second valve activator (Woods, “50”) to place the second valve in the open configuration (Woods, “VENT ZONE 1” configuration corresponding to angular position of 30 degrees; see fig. 7), and wherein in this first operational state, fluid flows from the foot support bladder (Vuong, “130A”, “130B” and/or “120S”), through the first port (Woods, port defined by housing “18” of first valve “22”; see fig. 3), through the internal chamber of the manifold body (Woods, “16”), through the second port (Woods, port defined by housing “18” of vent/second valve “30”), and to the external environment (Woods, vent/second valve “30” vents to “atmosphere”).
Regarding claim 14, the combination of Vuong and Woods discloses an input device (Vuong, “170”) for receiving user input including at least one of foot support pressure selection information or foot support pressure change information (Vuong, see specification paragraph [0056]), wherein the movable cam (Woods, “32”) is configured to be controlled (Woods, via motor) based on the user input to set or change foot support pressure in the foot support bladder (Vuong, see specification paragraph [0056]).
Regarding claim 15, the combination of Vuong and Woods discloses the input device (Vuong, “170”; see specification paragraph [0056]) includes a member selected from the group consisting of: a cellular telephone, a computing device, a manually movable switch, and a dial.
Regarding claim 16, Vuong discloses a first operational state (Woods, “INFLATE ZONE 1” position corresponding to angular position of zero degrees; see fig. 7), the movable cam (Woods, “32”) is positioned so as to move fluid through the internal chamber of the manifold body (Woods, “16”) from a fluid source (Vuong, “176”, via inlet port, Woods, “20”) to the foot support bladder (Vuong, “130A”, “130B” and/or “120S”) to thereby increase fluid pressure in the foot support bladder (Vuong, see specification paragraphs [0056] and [0057]), and wherein in a second operational state (Woods, “VENT ZONE 1” position corresponding to angular position of 30 degrees; see fig. 7), the movable cam is positioned so as to move fluid through the internal chamber of the manifold body from the foot support bladder to the second port to thereby decrease fluid pressure in the foot support bladder.
Regarding claim 17, Vuong discloses a footwear foot support system, comprising:
a fluid reservoir (“130A”, “130B” and/or “120S”);
a manifold body (body of fluid manifold which connects fluid source “176” to foot support bladders “130A”, “130B” and “120S”) defining an internal chamber (internal chamber of fluid manifold which connects fluid source “176” to foot support bladders “130A”, “130B” and “120S”);
a first port (port connecting to one of foot support bladders “130A”, “130B” and/or “120S” to fluid source “176”) in fluid communication with the fluid reservoir and the internal chamber; and
a second port (“174” and/or “178”; see specification paragraph [0057]) in fluid communication with the internal chamber and an external environment (“ambient atmosphere”).
Vuong discloses fluid moving between the fluid reservoir (“130A”, “130B” and/or “120S”) and a fluid source (“176”; see specification paragraph [0057]) and the external environment.
However, Vuong is silent to a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator;
a second valve controlling fluid flow through the second port, wherein the second valve includes a second valve activator; and
a movable cam at least partially located within the internal chamber, wherein the movable cam includes: (a) one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and (b) one or more second valve activator surfaces that interact with the second valve activator to change the second valve between a closed configuration and an open configuration.
Woods teaches a manifold body (“16”) defining an internal chamber (interior chamber of manifold body “16”);
a first port (port defined by housing “18” of first valve “22”) in fluid communication with a fluid reservoir (any one of zones of air mattress) and the internal chamber;
a first valve (“22”) controlling fluid flow through the first port, wherein the first valve includes a first valve activator (“42”);
a second port (port defined by housing “18” of vent valve “30”) in fluid communication with the internal chamber and an external environment (“atmosphere”; see specification paragraph [0035]);
a second valve (“30”) controlling fluid flow through the second port, wherein the second valve includes a second valve activator (“50”); and
a movable cam (“32”) at least partially located within the internal chamber, wherein the movable cam includes: (a) one or more first valve activator surfaces (“62”) that interact with the first valve activator to change the first valve between a closed configuration (see positions corresponding to rotational angle 60 degrees, 150 degrees, 240 degrees and 330 degrees; see fig. 7) and an open configuration (see positions corresponding to rotational angles zero degrees and 30 degrees; see fig. 7) and (b) one or more second valve activator surfaces (“64”) that interact with the second valve activator to change the second valve between a closed configuration (vent valve “30” is closed during all inflate configurations and “ALL ZONES CLOSED” configurations; see fig. 7) and an open configuration (vent valve “30” is open during all vent configurations, corresponding to angular positions 30 degrees, 120 degrees, 210 degrees and 300 degrees; see fig. 7).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Vuong by employing a first valve, a second valve, and a movable cam at least partially located within the internal chamber, wherein the movable cam includes: (a) one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and (b) one or more second valve activator surfaces that interact with the second valve activator to change the second valve between a closed configuration and an open configuration, as taught by Woods, to have a compact means of controlling fluid between a fluid source and the fluid reservoir.
Regarding claim 18, the combination of Vuong and Woods discloses in a first operational state (Woods, “INFLATE ZONE 1” position corresponding to angular position of zero degrees; see fig. 7), the movable cam (Woods, “32”) is positioned so as to move fluid through the internal chamber of the manifold body (Woods, “16”) from a fluid source (Vuong, “176”, by means of inlet port, Woods, “20”) to the fluid reservoir (Vuong, “130A”, “130B” and/or “120S”) to thereby increase fluid pressure in the fluid reservoir (Vuong, see specification paragraph [0056]), and wherein in a second operational state (Woods, “VENT ZONE 1” position corresponding to angular position of 30 degrees; see fig. 7), the movable cam is positioned so as to move fluid through the internal chamber of the manifold body from the fluid reservoir to the second port (Woods, via vent valve “30”) to thereby decrease fluid pressure in the fluid reservoir (Vuong, see specification paragraph [0056]).
Under a different modification of Vuong in view of Woods:
Regarding claims 1 and 6, Vuong discloses (see fig. 7B) a footwear foot support system, comprising:
a foot support bladder (“130A”);
a fluid source (“120S”);
a manifold body (manifold body connecting fluid source “120S” to foot support bladder “130A”) defining an internal chamber (chamber through which fluid flows from fluid source “120S” to foot support bladder “130A”);
a first port (port connected to fluid support bladder “130A”) in fluid communication with the internal chamber;
a first valve (“140A”; see specification paragraph [0050]) controlling fluid flow through the first port, wherein the first valve includes a first valve activator (actuator of valve(s) “140A” and/or “140B” which are controlled by signal “154”; see specification paragraphs [0050] and [0055]); and
wherein the first valve activator is to change the first valve between a closed configuration (cutting off flow between fluid source “120S” and foot support bladder(s) “130A” and/or “130B”) and an open configuration (allowing flow between fluid source “120S” and foot support bladder(s) “130A” and/or “130B”) and to move fluid between the foot support bladder and the fluid source;
wherein the first port places the fluid source in fluid communication with the internal chamber.
Vuong does not disclose a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator; and
a second port in fluid communication with the foot support bladder and the internal chamber; a second valve controlling fluid flow through the second port, wherein the second valve includes a second valve activator, wherein the movable cam further includes one or more second valve activator surfaces that interact with the second valve activator to change the second valve between a closed configuration and an open configuration.
However, Woods teaches a movable cam (“32”) at least partially located within an internal chamber of a manifold body (“16”), wherein the movable cam includes one or more first valve activator surfaces (“62”) that interact with a first valve activator (“42”) to change a first valve (“22”) between a closed configuration (see positions corresponding to rotational angle 60 degrees, 150 degrees, 240 degrees and 330 degrees; see fig. 7) and an open configuration (configuration corresponding to angular position zero degrees and 30 degrees) and to move fluid between a support bladder (zone 1 of inflatable mattress) and a fluid source (see positions corresponding to rotational angles zero degrees and 30 degrees; see fig. 7); and
a second port (housing “18” forming port for vent valve “30”) in fluid communication with the support bladder and the internal chamber; a second valve (“30”) controlling fluid flow through the second port, wherein the second valve includes a second valve activator (“50”), wherein the movable cam further includes one or more second valve activator surfaces (“64”) that interact with the second valve activator to change the second valve between a closed configuration (vent valve “30” is closed during all inflate zone positions and “ALL ZONES CLOSED” positions) and an open configuration (vent valve “30” is open during all vent configurations, corresponding to angular positions 30 degrees, 120 degrees, 210 degrees and 300 degrees; see fig. 7).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Vuong by employing a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator, a second port in fluid communication with the foot support bladder and the internal chamber, a second valve controlling fluid flow through the second port, wherein the second valve includes a second valve activator, and a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration, and wherein the movable cam further includes one or more second valve activator surfaces that interact with the second valve activator to change the second valve between a closed configuration and an open configuration, as taught by Woods, to have a compact means of controlling fluid between the fluid source and the foot support bladder and between the foot support bladder and ambient atmosphere.
Regarding claim 7, Vuong discloses the fluid source (“120S”) comprises a foot-activated pump (bladder “120S” is compressed by foot pressure to move fluid to foot support bladder(s) “130A” and/or “130B”).
Regarding claim 8, Vuong discloses the fluid source (“120S”) comprises a fluid filled bladder reservoir (bladder “120S” is compressed by foot pressure to move fluid to foot support bladder(s) “130A” and/or “130B”).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 8, 12, 13, 17 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7 and 8 of U.S. Patent No. 11523657 (“Patent “A”). Although the claims at issue are not identical, they are not patentably distinct from each other because the narrower Patent A claims 1, 1, 1, 7, 8, 1, 8, 1, 1, 1 and 1 anticipate Application claims 1, 2, 3, 4, 5, 6, 8, 12, 13, 17 and 18, respectively.
Application claims
Patent A claims
1. A footwear foot support system, comprising: a foot support bladder; a fluid source; a manifold body defining an internal chamber; a first port in fluid communication with the internal chamber; a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator; and a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and to move fluid between the foot support bladder and the fluid source.
1. A footwear foot support system, comprising: a foot support bladder; a fluid source container; a manifold body defining an internal chamber; a first port placing the fluid source container in fluid communication with the internal chamber; a second port placing the foot support bladder in fluid communication with the internal chamber; a third port in fluid communication with the internal chamber and with an external environment; a first valve controlling fluid flow between the internal chamber and the fluid source container through the first port, wherein the first valve includes a first valve activator; a second valve controlling fluid flow between the internal chamber and the foot support bladder through the second port, wherein the second valve includes a second valve activator; a third valve controlling fluid flow between the internal chamber and the external environment through the third port, wherein the third valve includes a third valve activator; a movable cam at least partially located within the internal chamber, wherein the movable cam includes: (a) one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration when the movable cam is moved, (b) one or more second valve activator surfaces that interact with the second valve activator to change the second valve between a closed configuration and an open configuration when the movable cam is moved, and (c) one or more third valve activator surfaces that interact with the third valve activator to change the third valve between a closed configuration and an open configuration when the movable cam is moved.
Claims 1-8, 11-13 and 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 7, 12, 15 and 17 of U.S. Patent No. 11930885 (“Patent “B”). Although the claims at issue are not identical, they are not patentably distinct from each other because the narrower Patent B claim(s) 1, 1, 1, 2, 1, 1, 1, 4, 7, 12, 12, 15, 17, 17 anticipate Application claim(s) 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 16, 17, 18 respectively.
Application claims
Patent B claims
1. A footwear foot support system, comprising: a foot support bladder; a fluid source; a manifold body defining an internal chamber; a first port in fluid communication with the internal chamber; a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator; and a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and to move fluid between the foot support bladder and the fluid source.
1. A footwear foot support system, comprising: a foot support bladder; a fluid source comprising a foot-activated pump; a manifold body defining an internal chamber; a first port placing the fluid source in fluid communication with the internal chamber; a second port in fluid communication with the foot support bladder and the internal chamber; a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator; a second valve controlling fluid flow through the second port, wherein the second valve includes a second valve activator; and a movable cam at least partially located within the internal chamber, wherein the movable cam includes: (i) one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and (ii) one or more second valve activator surfaces that interact with the second valve activator to chance the second valve between a closed configuration and an open configuration, wherein in a first operational state, the movable cam is positioned such that: (a) at least one first valve activator surface interacts with the first valve activator to place the first valve in the open configuration and (b) at least one second activator e interacts with the second valve activator to place the second valve in the open configuration, and wherein in this first operational state, fluid flows from the foot-activated pump, throat the first port, through the internal chamber of the manifold body, through the second port, and into the foot support bladder.
Claims 1-10, 12-15 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10, 12-15 and 17 of U.S. Patent No. 12310450 (“Patent “C”). Although the claims at issue are not identical, they are not patentably distinct from each other because the narrower Patent C claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15 and 17 anticipate Application claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15 and 17 respectively.
Application claims
Patent C claims
1. A footwear foot support system, comprising: a foot support bladder; a fluid source; a manifold body defining an internal chamber; a first port in fluid communication with the internal chamber; a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator; and a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and to move fluid between the foot support bladder and the fluid source.
1. A footwear foot support system, comprising: a foot support bladder; a fluid source including a fluid reservoir; a manifold body defining an internal chamber; a first port in fluid communication with the internal chamber; a first valve controlling fluid flow through the first port, wherein the first valve includes a first valve activator; a movable cam at least partially located within the internal chamber, wherein the movable cam includes one or more first valve activator surfaces that interact with the first valve activator to change the first valve between a closed configuration and an open configuration and to move fluid between the foot support bladder and the fluid source; and an electronic controller programmed and adapted to: (a) receive fluid reservoir pressure data and (b) control the movable cam to set and maintain the fluid reservoir at a desired pressure level and/or within a desired pressure range.
Allowable Subject Matter
Claims 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 19, the closest prior art does not disclose or render obvious the footwear foot support system, wherein in a third operational state, the movable cam is positioned so as to move fluid through the internal chamber of the manifold body from the fluid reservoir to a foot support bladder to thereby decrease fluid pressure in the fluid reservoir, in combination with the limitations of the base claim.
Claim 20 is allowable because it depends upon an allowable claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US2015/0305436, US2013/0326912 and US2011/0040220 disclose footwear devices having at least one inflatable bladder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hailey K. Do whose direct telephone number is (571)270-3458 and direct fax number is (571)270-4458. The examiner can normally be reached on Monday-Thursday (8:00AM-5:00PM ET) and Friday (8:00AM-12:00PM ET).
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/HAILEY K. DO/Primary Examiner, Art Unit 3753
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