DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on May 12, 2025 in which claim 1 is presented for examination.
Drawings
The drawings are objected to because Figures 14 and 16 each contain more than one figure within the figure numbers. Each Figure should be labeled with a separate figure number (see 37 C.F.R. 1.84(u) or be provided with connecting lead lines or brackets to show how the parts are interconnected.
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.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 11,297,900. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 is anticipated by the conflicting patented claims 1 and 9 as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,297,900
1. An assembly for footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the footwear, the top lift being composed of a material that is compressible or deformable;
a rigid shaft assembly including
a head and a rigid shaft member having a shaft body and a threaded portion extending away from the top lift,
the head being securely embedded into the top lift,
the rigid shaft assembly including
a first pattern configured to prevent the top lift from rotating relative to the heel in response to the heel tip assembly being held in tension against the heel; and
a heel assembly, which includes:
an insert assembly having
a threaded insert portion,
a compressible elastic portion adjacent to the threaded insert portion, and
a hollow insert portion adjacent to the compressible elastic portion,
the insert assembly being configured to be received inside an opening of the heel;
wherein the threaded insert portion is configured to threadingly engage the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough a first portion of the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough a second portion of the rigid shaft member,
the insert assembly including a second pattern configured to engage with the first pattern of the rigid shaft assembly to align the top lift with the end of the heel,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
1. An assembly for a high heel footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the high heel footwear, the top lift including a cutout portion; and
a rigid shaft member extending away from the top lift and having
a threaded portion, the rigid shaft member having a head that is received in the cutout portion of the top lift and forms an interference fit therewith;
the head including a first wedge-lock feature configured to prevent the top lift from rotating relative to the heel when the top lift is fully secured to the heel by the threaded portion,
wherein the first wedge-lock feature includes an alignment feature configured to align the top lift relative to the heel; and
a heel assembly, which includes:
an insert having a threaded insert portion, a compressible elastic portion, and
a hollow insert portion,
the insert being configured to be received inside an opening formed in the heel;
wherein the threaded insert portion is configured to threadingly receive the threaded portion of the rigid shaft member through the threaded insert portion;
wherein the compressible elastic portion is configured to receive therethrough the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough the rigid shaft member such that the rigid shaft member is received first through the hollow insert portion and then through the compressible elastic portion and then at least partially through the threaded insert portion,
the hollow insert portion including a second wedge-lock feature at an end of the hollow insert portion,
the second wedge-lock feature having an alignment feature configured to align the second wedge-lock feature with the first wedge-lock feature;
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
1. An assembly for footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the footwear, the top lift being composed of a material that is compressible or deformable;
a rigid shaft assembly including
a head and a rigid shaft member having a shaft body and a threaded portion extending away from the top lift,
the head being securely embedded into the top lift,
the rigid shaft assembly including
a first pattern configured to prevent the top lift from rotating relative to the heel in response to the heel tip assembly being held in tension against the heel; and
a heel assembly, which includes:
an insert assembly having
a threaded insert portion,
a compressible elastic portion adjacent to the threaded insert portion, and
a hollow insert portion adjacent to the compressible elastic portion,
the insert assembly being configured to be received inside an opening of the heel;
wherein the threaded insert portion is configured to threadingly engage the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough a first portion of the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough a second portion of the rigid shaft member,
the insert assembly including a second pattern configured to engage with the first pattern of the rigid shaft assembly to align the top lift with the end of the heel,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
9. A heel assembly for high heel footwear, comprising:
a shaft member with
a threaded end portion and
a head having a first wedge-lock feature;
an insert received inside an opening formed in a heel of the high heel footwear,
wherein the insert further comprises
a hollow insert portion,
an elastic portion and
a threaded interior end portion,
the hollow insert portion having a second wedge-lock feature having an alignment feature configured to align the second wedge-lock feature with the first wedge-lock feature,
wherein the shaft member is configured to be received through the hollow insert portion, the elastic portion, and at least partially through the threaded interior end portion;
a top lift configured to receive the head of the shaft member and to abut an end of the high heel footwear,
wherein the elastic portion is configured to compress as the threaded end portion of the shaft member threadingly engages the threaded interior end portion of the insert to thereby hold the top lift in tension against the heel.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,523,659. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 is anticipated by the conflicting patented claim 1 as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,523,659
1. An assembly for footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the footwear, the top lift being composed of a material that is compressible or deformable;
a rigid shaft assembly including
a head and a rigid shaft member having a shaft body and a threaded portion extending away from the top lift,
the head being securely embedded into the top lift,
the rigid shaft assembly including
a first pattern configured to prevent the top lift from rotating relative to the heel in response to the heel tip assembly being held in tension against the heel; and
a heel assembly, which includes:
an insert assembly having
a threaded insert portion,
a compressible elastic portion adjacent to the threaded insert portion, and
a hollow insert portion adjacent to the compressible elastic portion,
the insert assembly being configured to be received inside an opening of the heel;
wherein the threaded insert portion is configured to threadingly engage the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough a first portion of the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough a second portion of the rigid shaft member,
the insert assembly including a second pattern configured to engage with the first pattern of the rigid shaft assembly to align the top lift with the end of the heel,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
1. A high heel footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of a heel of the high heel footwear;
the top lift including a cutout portion;
a rigid shaft member extending away from the top lift and having
a shaft head, a shaft body, and a threaded portion;
the shaft head configured to match a shape and size of the cutout portion; and
the shaft head including a first wedge-lock feature configured to prevent the top lift from rotating relative to the heel when the top lift is fully secured to the heel by the threaded portion,
wherein the cutout portion of the top lift includes at least one anti-rotation feature configured to inhibit the top lift from rotating with respect to the heel when the top lift is fully secured to the heel; and
a heel assembly, which includes:
an insert having
a threaded insert portion,
a compressible elastic portion, and
hollow insert portion,
the insert being configured to be received inside an opening of the heel;
wherein the threaded insert portion is configured to thread the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough the rigid shaft member such that the rigid shaft member is received first through the hollow insert portion and then through the compressible elastic portion and then at least partially through the threaded insert portion,
the hollow insert portion including a second wedge-lock feature configured to align with the first wedge-lock feature,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,957,209. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 is anticipated by the conflicting patented claim 1 as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,957,209
1. An assembly for footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the footwear, the top lift being composed of a material that is compressible or deformable;
a rigid shaft assembly including
a head and a rigid shaft member having a shaft body and a threaded portion extending away from the top lift,
the head being securely embedded into the top lift,
the rigid shaft assembly including
a first pattern configured to prevent the top lift from rotating relative to the heel in response to the heel tip assembly being held in tension against the heel; and
a heel assembly, which includes:
an insert assembly having a threaded insert portion,
a compressible elastic portion adjacent to the threaded insert portion, and
a hollow insert portion adjacent to the compressible elastic portion,
the insert assembly being configured to be received inside an opening of the heel;
wherein the threaded insert portion is configured to threadingly engage the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough a first portion of the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough a second portion of the rigid shaft member,
the insert assembly including a second pattern configured to engage with the first pattern of the rigid shaft assembly to align the top lift with the end of the heel,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
1. A high heel footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the high heel footwear,
the top lift including at least one anti-rotation feature configured to inhibit the top lift from rotating with respect to the heel when the top lift is full secured to the heel;
a rigid shaft member extending away from the top lift and having
a shaft head, a shaft body, and a threaded portion; and
the shaft head including a first wedge-lock feature configured to prevent the top lift from rotating relative to the heel when the top lift is fully secured to the heel by the threaded portion; and
a heel assembly, which includes:
an insert having
a threaded insert portion,
a compressible elastic portion, and
a hollow insert portion,
the insert being configured to be received inside an opening;
wherein the threaded insert portion is configured to thread the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough a portion of the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough a second portion of the rigid shaft member,
the hollow insert portion including a second wedge-lock feature configured to align with the first wedge-lock feature,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,954. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 is anticipated by the conflicting patented claim 1 as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 12,317,954
1. An assembly for footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the footwear, the top lift being composed of a material that is compressible or deformable;
a rigid shaft assembly including
a head and
a rigid shaft member having
a shaft body and
a threaded portion extending away from the top lift,
the head being securely embedded into the top lift,
the rigid shaft assembly including
a first pattern configured to prevent the top lift from rotating relative to the heel in response to the heel tip assembly being held in tension against the heel; and
a heel assembly, which includes:
an insert assembly having a threaded insert portion,
a compressible elastic portion adjacent to the threaded insert portion, and
a hollow insert portion adjacent to the compressible elastic portion,
the insert assembly being configured to be received inside an opening of the heel;
wherein the threaded insert portion is configured to threadingly engage the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough a first portion of the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough a second portion of the rigid shaft member,
the insert assembly including a second pattern configured to engage with the first pattern of the rigid shaft assembly to align the top lift with the end of the heel,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
1. An assembly for footwear, comprising:
a heel tip assembly, which includes:
a top lift configured to abut an end of the heel of the footwear, the top lift being composed of a material that is compressible or deformable;
a rigid shaft assembly including
a head and
a rigid shaft member having
a shaft body and
a threaded portion extending away from the top lift,
the head being securely embedded into the top lift,
the rigid shaft assembly including
a first pattern configured to prevent the top lift from rotating relative to the heel in response to the heel tip assembly being held in tension against the heel; and
a heel assembly, which includes:
an insert assembly having a threaded insert portion,
a compressible elastic portion adjacent to the threaded insert portion, and
a hollow insert portion adjacent to the compressible elastic portion,
the insert assembly being configured to be received inside an opening of the heel;
wherein the threaded insert portion is configured to threadingly engage the threaded portion of the rigid shaft member;
wherein the compressible elastic portion is configured to receive therethrough a first portion of the rigid shaft member;
wherein the hollow insert portion is configured to receive therethrough a second portion of the rigid shaft member,
the insert assembly including a second pattern configured to engage with the first pattern of the rigid shaft assembly to align the top lift with the end of the heel,
wherein the compressible elastic portion is configured to compress as the threaded portion of the rigid shaft member threadingly engages the corresponding threaded insert portion of the insert to thereby hold the top lift in tension against the heel assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 3,074,187 by Klein discloses a heel assembly with a top lift, a threaded rigid shaft member.
2. 2008/0244931 by Gallegos discloses a heel assembly with a top lift having a compressible plunger and housing and a hollow insert which receives a compressible spring. Gallegos does not disclose a rigid shaft assembly and an insert assembly. The rigid shaft assembly having a head embedded into a top lift, and a threaded portion, the insert assembly having a threaded insert portion (that engages with the threaded portion of the rigid shaft assembly), a compressible elastic portion and a hollow insert portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732