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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: the reference numbers in Figures 12-14 (for example 1722, 1708, 1712, etc) are not in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the threaded fastener being integrally formed with the quick release member (claim 9) must be shown or the feature(s) canceled from the claim(s). It is noted the specification and figures show a hole 706 through which the fastener is placed [0046]. No new matter should be entered.
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification does not provide proper antecedent basis for the “recessed channel” recited in claim 2, the threaded fastener is “integrally formed with the quick release member” in claim 9, and the single threaded fastener being “overmolded” by the quick release member in claims 10 and 15. It is noted the specification and figures show a hole 706 through which the fastener is placed [0046].
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the main body having a top surface, the main body having a bottom surface, and the main body having an orthotic bar facing surface”. Applicant’s specification discloses the main body 1755 has the top surface 1714 but 1714 also appears to be the surface that faces the orthotic bar (Figure 18). It is unclear in light of the specification if the orthotic bar facing surface is the same surface, or an additional surface, as the top or bottom surfaces or where the orthotic bar facing surface is in relation to the other surfaces.
Claim 3 recites “wherein the main body is coupled to an orthotic bar through a single threaded fastener”. Claim 1, however, is drawn to a quick release member for attachment to an orthotic bar. Therefore, it is unclear if the orthotic bar and fastener are required or not. Since the claim is drawn to a quick release member, it is interpreted as -- wherein the main body is configured to be coupled to an orthotic bar through a single threaded fastener--.
The remaining claims are rejected due to their dependency.
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.
Claims 1-3 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirayama (US 2003/0154631 A1).
As to claim 1, Hirayama discloses a quick release member for attachment to a sole of an orthotic shoe and an orthotic bar comprising: a main body (buckle 42) adapted to be coupled to an orthotic bar assembly (strap member 40) the main body having a top surface (fig. 3) and a bottom surface (at 50 in fig. 4), orthotic bar facing surface (fig. 4); an orthotic shoe clip portion that engages an orthotic shoe in use wherein the orthotic shoe clip portion has a first wing (at 52 in fig. 3) and a second wing (opposite side of 52, at 42, fig. 3) that each extend laterally away from the main body (fig. 3) and connect with a locking tab base portion (bottom of 51, shown in fig. 5) that extends between a distal end of the first wing and a distal end of the second wing (figs. 3 and 5); a locking tab (locking member 51) spaced between the first wing and the second wing and engaged with the locking tab base portion and the locking tab is biased at an angle such that it is not in the same plane as a plane defined by the first wing and the second wing (fig. 5); and at least one notch within the locking tab base portion (pivot pin 53 requires a hole/notch to be inserted into).
As to claim 2, Hirayama discloses wherein the top surface of the first wing and the second wing extend above a recessed channel (opening where 51 is located within, fig. 5) extending along at least a portion of the first wing and the second wing and a portion of the top surface of the main body (figs. 3 and 5).
As to claim 3, Hirayama discloses wherein the main body is coupled to an orthotic bar (fig. 5) through a single threaded fastener (bolt 44a).
As to claim 7, Hirayama discloses wherein the top and bottom surfaces of the first wing and the second wing and the locking tab base portion are rounded (figs 3 and 4).
As to claim 8, Hirayama discloses wherein the recessed channel is substantially rectangular shaped (opening where 51 is located within, fig. 3).
As to claim 9, Hirayama discloses wherein the threaded fastener is integrally formed with the quick release member and the main body has portion with a circular perimeter on a side facing the locking tab (opening where bolt 44a is placed, fig. 5) and a wedge (nut 44b) extension outwardly and rearwardly extending away from the portion with a circular perimeter (fig. 5).
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 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.
Claims 1-6 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell (US 2007/0142760 A1) in view of Shuman (US 9,339,077 B2).
Regarding claim 1, Mitchell discloses a quick release member (Figures 7-8) for attachment to a sole of an orthotic shoe and an orthotic bar, comprising: a main body (700) adapted to be coupled to an orthotic bar assembly, the main body having a top surface, the main body having a bottom surface, and the main body having an orthotic bar facing surface (Figures 7-8);an orthotic shoe clip portion that engages an orthotic shoe in use wherein the orthotic shoe clip portion has a first wing and a second wing (portions on either side of 708) that each extend laterally away from the main body and connect with a locking tab base portion (at end 704 where 708 attaches) that extends between a distal end of the first wing and a distal end of the second wing (Figures 7-8); a locking tab (708) spaced between the first wing and the second wing and engaged with the locking tab base portion and the locking tab is biased at an angle such that it is not in the same plane as a plane defined by the first wing and the second wing (Figures 7-8; [0060]). Mitchell does not disclose at least one notch within the locking tab base portion. Shuman teaches a detachable attachment releasable body (101) having at least one notch within a locking tab base portion (106a; Figure 5). It would have been obvious to one of ordinary skill in the art at the time of filing to provide the main body and locking tab base portion of Mitchell having the notch as taught by Shuman for providing alignment and secure fit when attaching to the orthotic shoe.
Regarding claim 2, Mitchell discloses wherein the top surface of the first wing and the second wing extend above a recessed channel extending along at least a portion of the first wing and the second wing and a portion of the top surface of the main body.
Regarding claim 3, Mitchell discloses wherein the main body is coupled to an orthotic bar through a single threaded fastener ([0060]).
Regarding claim 4, Shuman further teaches wherein the at least one notch is configured to interface with a centering projection on an orthotic shoe sole and is an detent having a V shape or a U shape in an outward facing surface of the locking tab base portion (Figure 5).
Regarding claim 5, Mitchell discloses wherein the first wing and the second wing are each configured to slide within corresponding first and second overhangs on the bottom of an orthotic shoe sole, and wherein the locking tab is configured to keep the quick release member coupled to the shoe sole by interfacing with a quick release button barrier on the shoe sole (Figures 7-8; [0060]).
Regarding claim 6, Mitchell discloses wherein the recessed channel is configured to engage a platform on a sole of an orthotic shoe and the recessed channel is rectangularly shaped (Figures 7-8; [0060]).
Regarding claim 10, Mitchell discloses wherein the single threaded fastener is overmolded by the quick release member (Figure 7-8; [0060], product by process).
Regarding claim 11, Mitchell discloses wherein the locking tab is biased in a downward direction (Figures 7-8; [0060]).
Regarding claim 12, Mitchell discloses wherein the bias is induced by a living hinge integrally formed between the locking tab and the locking tab base portion (Figures 7-8; [0060].
Regarding claim 13, Mitchell discloses wherein the first wing and the second wing are each configured to slide within corresponding first and second overhangs on the bottom of an orthotic shoe sole, and wherein the locking tab is configured to keep the quick release member coupled to the shoe sole by interfacing with a quick release button barrier on the shoe sole (Figures 7-8; [0060]).
Regarding claim 14, Mitchell discloses wherein the recessed channel is configured to engage a platform on a sole of an orthotic shoe and the recessed channel is rectangularly shaped (Figures 7-8; [0060]).
Regarding claim 15, Mitchell discloses the single threaded fastener is overmolded by the quick release member (Figures 7-8; [0060] [product by process).
Regarding claim 16, Mitchell discloses the locking tab is biased in a downward direction (Figures 7-8; [0060]).
Regarding claim 17, Mitchell discloses the locking tab is biased in a downward direction (Figures 7-8; [0060]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kari Rodriquez whose telephone number is 571-270-1909. The examiner can normally be reached Monday-Friday 6-3 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at (571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786
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