DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species 4 (Fig. 15-18) in the reply filed on 02/23/2026 is acknowledged.
Claim Objections
Claims 1, 11, and 12 are objected to because of the following informalities:
Claim 1 recites the limitation “the lower flange” in line 8, which lacks antecedent basis. It appears that this limitation should read --the lower portion-- to maintain consistent claim language.
Claim 1 recites the limitation “the cylindrical stem” in line 9, which lacks antecedent basis. Only ‘a stem’ has been previously recited.
Claim 11 recites the limitation “a pivot joint” in line 1. However, ‘a pivot joint’ has been previously recited in claim 10.
Claim 12 recites the limitation “the pivot point” in line 2, which lacks antecedent basis. It appears that the limitation should read --the pivot joint-- to maintain consistent claim language.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4-7, 10-12, and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 2005/0098673).
Regarding claim 1, Huang discloses an article of footwear having a closure mechanism, comprising: a head cap (11, 12); a rotating spool (24) that defines a first rotational axis and is received in the head cap; a collector spool (30) that defines a second rotational axis and includes an upper portion (31) and a lower portion (32, 13); a shaft (33) between the upper portion and the lower portion; and a securing element (13, 133, 134) on the lower portion of the collector spool, the securing element including a pivot joint (32) formed from a stem that extends away from the lower portion, wherein the cylindrical stem is configured to be attached to the shaft of the upper portion so that the upper portion is configured to rotate relative to the lower portion (paragraphs 0026, 0028, 0031, 0032-0034; Fig. 1-5).
Regarding claim 2, Huang discloses that the rotating spool includes a rod (24) that has a first flange (21) and a second flange (27) that are disposed at opposing ends relative to an axial direction of the rod.
Regarding claim 4, Huang discloses that the upper portion includes an upper flange (upper flange of 31) and the lower portion includes a lower flange (13).
Regarding claim 5, Huang discloses that the upper flange includes a plurality of protrusions (protrusions between slots 311; Fig. 1) extending parallel to the second rotational axis (wherein the protrusions have a height extending parallel to the second rotational axis).
Regarding claim 6, Huang discloses that each protrusion of the plurality of protrusions includes a beveled tip (Fig. 1) for engagement with the head cap.
Regarding claim 7, Huang discloses that a lace (14) is attached to a rod (central portion of 31) and wound around the rod when the rotating spool is rotated about the first rotational axis to tighten or loosen the lace.
Regarding claim 10, Huang discloses an article of footwear having a closure mechanism, comprising: a collector spool (30) that defines a rotational axis and includes an upper portion (31) and a lower portion (32, 13), wherein the collector spool includes a shaft (33) that connects the upper portion to the lower portion and the upper portion includes an upper flange (upper flange of 31) and the lower portion includes a lower flange (13); a pivot joint (32) on the lower portion so that the upper portion and the lower portion are configured to be rotated relative to another about the pivot joint; and a securing element (133, 134) on the lower portion of the collector spool (paragraphs 0026, 0028, 0031, 0032-0034; Fig. 1-5).
Regarding claim 11, Huang discloses that the lower flange includes a pivot joint (32) that extends coaxially relative to the rotational axis.
Regarding claim 12, Huang discloses that the upper portion and the lower portion are configured to rotate relative to one another about the pivot point and the rotational axis so that a lace can be wound around the shaft of the collector spool.
Regarding claim 16, Huang discloses an article of footwear having a closure mechanism, comprising: a head cap (11, 12); a rotating spool (24) that defines a first rotational axis and is received in the head cap; the rotating spool includes a rod (24) with a first flange (21) and a second flange (27) disposed at opposing ends relative to an axial direction of the rod; a collector spool (30) that defines a second rotational axis and includes an upper portion (31) and a lower portion (32, 13); and a securing element (133, 134) on the lower portion of the collector spool (paragraphs 0026, 0028, 0031, 0032-0034; Fig. 1-5).
Regarding claim 17, Huang discloses that the head cap includes indentations to receive the rotating spool (121, indentation in knob 11; Fig. 4).
Regarding claim 18, Huang discloses that the indentations are diametrically opposed from one another and formed on an angled side wall between a top end of the head cap and a lower end of the head cap (Fig. 4).
Regarding claim 19, Huang discloses that the securing element includes a pivot joint (32) that is configured to be received in a shaft (33) between the upper portion and the lower portion so that the upper portion rotates relative to the lower portion.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang, as applied to claims 1 and 4, in view of Carroll (US 5,157,813).
Regarding claim 8, Huang discloses that the lower flange includes the securing element, but does not disclose that the securing element extends therefrom as a U-shaped member. Carroll teaches an article of footwear having a closure mechanism with a collector spool, and a securing element (56) on a lower portion of the collector spool. The securing element extends from the lower portion as a U-shaped member (Fig. 1, 3, 8). 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 securing element in the form of a U-shaped member, as taught by Carroll, as this would be a simple substitution of one type of securing element for another, with the predictable result of providing a releasable and reversible attachment, allowing the closure mechanism to be easily removed or exchanged.
Regarding claim 9, Carroll teaches that laces are threaded through the U-shaped member to mount the collector spool to the article of footwear (Fig. 1, 2).
Claim(s) 13-15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang, as applied to claims 10, 16, and 19, in view of Rogers (US 2013/0111717).
Regarding claims 13 and 20, Huang does not disclose that the securing element includes a panel that is coupled to the lower flange at a hinge. Rogers teaches attaching an article to the instep of a shoe with a securing element that includes a panel (48) that is coupled to a flange (46) at a hinge (50), and that allows a lace to be wrapped around and secured to the article of footwear. 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 securing element in the form of a panel coupled at a hinge, as taught by Rogers, as this would be a simple substitution of one type of securing element for another, with the predictable result of providing a releasable and reversible attachment, allowing the closure mechanism to be easily removed or exchanged.
Regarding claim 14, Rogers teaches that the panel is rectangular shaped (Fig. 2C) and includes a plurality of rivets (52) that allow a lace to be wrapped or wound around (Fig. 5).
Regarding claim 15, Rogers teaches that a locking mechanism (54, 42) is provided on the lower flange to secure the panel (Fig. 6).
Allowable Subject Matter
Claim 3 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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/SHARON M PRANGE/ Primary Examiner, Art Unit 3732
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