Aqua-Leisure Industries, Inc.

Patent Trials and Appeals Board

Oct 23, 2020

15969878 - (D) (P.T.A.B. Oct. 23, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
15/969,878 05/03/2018 Scott R. de Grasse A2010.70825US01 8613
23628 7590 10/23/2020
WOLF GREENFIELD & SACKS, P.C.
600 ATLANTIC AVENUE
BOSTON, MA 02210-2206
EXAMINER
POLAY, ANDREW
ART UNIT PAPER NUMBER
3617
NOTIFICATION DATE DELIVERY MODE
10/23/2020 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
Patents_eOfficeAction@WolfGreenfield.com
WGS_eOfficeAction@WolfGreenfield.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SCOTT R. DE GRASSE
Appeal 2020-002850
Application 15/969,878
Technology Center 3600
Before MICHELLE R. OSINSKI, BRANDON J. WARNER, and
NATHAN A. ENGELS, Administrative Patent Judges.
ENGELS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision to reject claims 1–4. See Final Act. 1. We have
jurisdiction under 35 U.S.C. § 6(b).
We affirm.

1 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R.
§ 1.42. Appellant identifies the real party in interest as Aqua-Leisure
Industries, Inc. Appeal Br. 3.
Appeal 2020-002850
Application 15/969,878

2
CLAIMED SUBJECT MATTER
The claims are directed to detachably coupled swim fins. Claim 1,
reproduced below, is illustrative of the claimed subject matter:
1. A monofin comprising:
a first swim fin;
a second swim fin, each of said fins having an integral
pocket for receipt of a portion of a user’s foot;
an elongated projection running along and extending from
the inner edge of the first fin;
an elongated projection running along and extending from
the inner edge of the second fin, and having a linear slot to
slidably receive the projection of the first fin through an opening
at one end of the slot; and
a stopper comprising a wall located across the other end of
said slot of said second fin to stop further movement of the
projection of the first fin along the slot of the second fin once the
fins are properly aligned.
REJECTION
Claims 1–4 stand rejected under 35 U.S.C. § 102(a)(2) as anticipated
by Nguyen (US 7,510,453 B2; Mar. 31, 2009).
OPINION
Claim 1
The Examiner’s rejection includes a limitation-by-limitation
comparison of Nguyen to claim 1. Final Act. 2. Among other things, the
Examiner cites the end of the slot depicted in Nguyen’s Figures 20–22 as
depicting a stopper comprising a wall at the end of and extending across a
slot as claimed.
Appellant argues Nguyen does not have a wall located across the end
of a slot. According to Appellant, the slot in Figures 20–22 of Nguyen is
Appeal 2020-002850
Application 15/969,878

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cone shaped and thus “does not have any structure extending across the
slot.” Reply Br. 2; accord Appeal Br. 6.
The Examiner explains that claim 1 is not limited to any particular
interior structure of the claimed wall. Ans. 5. The Examiner further notes
that Appellant’s Specification depicts the exterior of its stopper as a wall
without description of the interior surface of the wall, citing the external
appearance of stopper 26 in Appellant’s Figure 2, copied below. Ans. 5–6
(citing Spec. Fig. 2).

Appellant’s Figure 2 depicts fins 12 and 14 being attached to each
other “by sliding one fin into connection with the other fin at their respective
inner edges.” Spec. 2. Appellant’s Specification states that “stopper 26 at
the end of the slot (i.e., the end of the slot away from the foot opening)
prevents the fin 14 and its projection 20 from sliding any further after the
projection 20 hits the stopper.” Spec. 2. Further, “[s]topper 26 . . .
preferably comprises a wall formed at the end of slot 24.” Spec. 2.
We agree with the Examiner that Nguyen sufficiently discloses a
stopper comprising a wall located across the end of a slot as claimed.
Neither the claim language nor the Specification requires limiting the
Appeal 2020-002850
Application 15/969,878

4
claimed wall located across the end of a slot to any particular interior or
exterior structure. Notably, the language “located across the end of a slot”
describes the location of the claimed stopper. At least considering the
exterior surface at the end of the slot in Nguyen’s Figures 20 and 22, copied
below, we agree with the Examiner that Nguyen sufficiently discloses a
stopper comprising a wall located across the end of the slot, as claimed.

Nguyen’s Figure 20 is a perspective view of detachable swim fins
depicting a left portion 56 detached from right portion 58. Figure 22 is a
side view of Nguyen’s detachable swim fins. In both Figures, Nguyen
depicts a flat, solid surface (wall) located across the end of the slot, even
though Nguyen depicts its slot as tapered or cone shaped. Accordingly, we
agree with the Examiner that Nguyen discloses the stopper as claimed.
Having considered the rejection of claim 1 in light of Appellant’s
arguments and the evidence of record, we agree with the Examiner and
sustain the rejection of claim 1.
Claims 2–4
For claims 2–4, Appellant relies on the arguments addressed above.
Appeal Br. 6. For the same reasons, we do not find error in the Examiner’s
rejection and sustain the rejection of claims 2–4.
Appeal 2020-002850
Application 15/969,878

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CONCLUSION
The Examiner’s rejection of claims 1–4 under 35 U.S.C. § 102(a)(2) is
sustained.
DECISION SUMMARY
Claims
Rejected
35 U.S.C. § Reference(s)/Basis Affirmed Reversed
1–4 102 Nguyen 1–4

TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv).
AFFIRMED