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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 30 March 2026 has been entered.
Response to Amendments
The amendments filed with the written response received on 30 March 2026 have been considered. As directed by the amendment, claim(s) 1 and 13 has/have been amended, claim(s) 6, 8, and 20 is/are canceled, and claim(s) 21 has/have been added. Accordingly, claim(s) 1-5, 7, 9-19, and 21 is/are pending in this application with an action on the merits to follow.
Because of the applicant's amendment, the following in the office action filed 05 June 2025, are hereby withdrawn:
Previous Objections to the Specification
Previous Rejections under 35 USC 112(b)
Drawings
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 “the plurality of rivets are inserted along the edge of the rand in addition to at least one seam between the rand and the upper material” of claims 1 and 13 must be shown or the feature(s) canceled from the claim(s). 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).
Claims 1 and 13 recite the limitation “a cut protection layer provided on an inside of the upper material the cut protection layer comprising fibrous material configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw” on lines 6-8 which lacks antecedence in the Specification. The written description does not disclose his limitation nor the structures recited. There is discussion of, “A cut protection layer is a material lining the inside of the shoe which cannot be easily cut through by a saw due to its fibrous texture. A chain saw will be stopped by shredding the cut protection layer,” on Page 3:26-28, however this recitation in the Specification is not specifically a “fibrous material” nor that the “cut protection layer shreds fibers”, only that the cut protection layer IS a material lining and has a fibrous texture, not that the material is fibrous itself, and that the cut protection layer is stopped by shredding the cut protection layer, not that the fibers of the cut protection layer shred to stop the chain saw.
Correction is respectfully requested.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities:
Claim 1, line 6 should recite, “the upper material, the cut protection layer comprising”.
Claim 13, lines 24-26 should recite, “of the rand[[, and ]]; and wherein”
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1 and 13 (and claims 2-5, 7, 9-12, 14-19, and 21 at least for depending from a rejection claim) is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 13 recite the limitation “a cut protection layer provided on an inside of the upper material the cut protection layer comprising fibrous material configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw” on lines 6-8 which is new matter. The written description does not disclose these structures and the structures are not clearly discernable in the drawings. With regards to the written description, there is discussion of, “A cut protection layer is a material lining the inside of the shoe which cannot be easily cut through by a saw due to its fibrous texture. A chain saw will be stopped by shredding the cut protection layer,” on Page 3:26-28, however this recitation in the Specification is not specifically a “fibrous material” nor that the “cut protection layer shreds fibers”, only that the cut protection layer IS a material lining and has a fibrous texture, not that the material is fibrous itself, and that the cut protection layer is stopped by shredding the cut protection layer, not that the fibers of the cut protection layer shred to stop the chain saw. Further, the Applicant’s Drawings do not show support for “a cut protection layer provided on an inside of the upper material the cut protection layer comprising fibrous material configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw.”
Claim Rejections - 35 USC § 112(b)
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 and 13 (and claims 2-5, 7, 9-12, 14-19, and 21 at least for depending from a rejected claim) is/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.
Claims 1 and 13, recites the limitation, “substantially flat head.” It is unclear how one having ordinary skill in the art can ascertain how much the head can deviate from being flat to be considered “substantially flat”.
Claims 1 and 13, recites the limitation, “substantially domed head.” It is unclear how one having ordinary skill in the art can ascertain how much the head can deviate from being domed to be considered “substantially domed”.
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.
Claims 1-2, 5, 11, 13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Smith US 3101559 in view of Diaz US 5694703, in view of Trimby US 0498965, and further in view of Pratt US 1112553.
Regarding independent Claim 1, Smith discloses a cut-resistant safety shoe (Figs. 1-3; It should be noted that every material offers some level of physical resistance to being cut therefore all materials are fundamentally “cut-resistant”. Further, Oxford Languages defines “safety” as “the condition of being protected from or unlikely to cause danger, risk, or injury,” therefore most all shoes are designed to provide some level of safety to the wearer as they protect the feet when walking), the shoe comprising: a sole (Fig. 3 #3), an upper material (Fig. 3 #17); a rand (Fig. 3 #15) having an edge (Fig. 3 shows the edge of the rand as a folded edge) that is directed towards the upper material (Fig. 3 shows the edge of the rand is directed towards the upper material); a cut protection layer (Fig. 3 #21; See above for “cut-resistant”) provided on an inside of the upper material (Fig. 3 #17a); and a plurality of rivets (Fig. 1 shows a plurality of rivets #18) penetrating the rand (Fig. 3) and the upper material (Fig. 3) but not the cut protection layer (Fig. 3 shows the cut protection #21 layer is not penetrated by the rivet #18); each rivet of the plurality of rivets comprising a head (Smith Annotated Fig. 3) disposed on an inside of the shoe (Fig. 3) and a substantially domed head disposed on an outside of the shoe (Fig. 3 #18 head is domed and on the outside of the shoe), wherein each rivet of the plurality of rivets comprises a shaft (Smith Annotated Fig. 3), a first side of the head directly connected to the shaft (Fig. 3), the first side of the head comprising a first planar surface (Smith Annotated Fig. 3; further, Fig. 3 shows that at least part of the rivet is planar), and a second side of the head (Smith Annotated Fig. 3) being opposite the first side (Fig. 3) away from the shaft (Fig. 3), the second side comprising a second planar surface (Fig. 3 shows the inner side of the rivet— the side against the shoe on both the outer and inner surfaces— is substantially planar) forming a distal end surface of each rivet of the plurality of rivets (Smith Annotated Fig. 3); wherein the head is disposed on an inner side of the cut resistant safety shoe (Fig. 3); wherein the head is sandwiched between the upper material and the cut protections layer (Fig. 3), the second surface being directly covered by the cut protection layer (Fig. 3), the second planar surface being directly covered by the cut protection layer (Smith Annotated Fig. 3) and the first planar surface is proximate to the upper material (Fig. 3); and wherein the plurality of rivets are inserted along the edge of the rand (Figs. 1 & 3) in addition to at least one seam (Fig. 3 shows a folded seam between the edge of the rand and the rivet #18) between the rand and the upper material (Fig. 3).
Smith does not expressly disclose an adhesive bond for bonding the rand to the sole, the cut protection layer comprising fibrous material configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw, and that the rivet head on the inside of the shoe is substantially flat.
Trimby teaches shoes with rands comprising an adhesive bond for bonding the rand to the sole (Page 1, l. 32-49).
Both Smith and Trimby teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use adhesive to bond the rand to the sole of the shoe of Smith as taught by Trimby to add an extra layer of bonding to the shoe so that in the event that the rivets failed, the rand would stay attached to the shoe and not fall off, thereby still protecting the wearer.
The modified cut-resistant safety shoe of Smith does not expressly disclose the cut protection layer comprising fibrous material configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw and that the rivet head on the inside of the shoe is substantially flat.
Diaz teaches a chain saw safety shoe (Figs. 1-6 #10) with a cut protection layer (Figs. 1-6 #42) comprising fibrous material (Col. 4:1-14) configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw (Col. 4:1-14).
Both Smith and Diaz teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use a fibrous material as the cut protection layer of the of Smith as taught by Diaz because “This support tends to hold the woven layers in a more structured manner when engaged by the chain saw blade and permits filaments of the woven layer to be more readily disengaged from the woven layers. The filaments cause the chain saw blade to jam,” (Diaz Col. 4:1-14). Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
The modified cut-resistant safety shoe of Smith does not expressly disclose that the rivet head on the inside of the shoe is substantially flat.
Pratt teaches a shoe with a plurality of rivets (Fig. 7) wherein the rivet head on the inside of the shoe is substantially flat (Fig. 7, #24 inner side of the shoe).
Smith (as modified by Trimby and Diaz) and Pratt teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby and Diaz) as taught by Pratt to have a flat head on the inner rivet so that the manufacturer could use inexpensive single-cap or double-cap rivets when producing the shoe to decrease the cost of construction, and since most single/double-capped rivets are made of lightweight steel, the use of these rivets would decrease the weight of the shoe. Further, it would have been obvious to one of ordinary skill in the art at the time the effective filing date to use a rivet with a flat head on one side as there are only a finite number of rivet types available for use in footwear manufacturing thus choosing a flat-headed rivet would have a reasonable expectation of success. See MPEP 2143(I)(E).
Examiner notes that italicized limitations in the Prior Art rejections are functional and do not positively recite a structural limitation, but instead require the ability of the structure to perform and/or function. As the Prior Art of Smith discloses the structure of the cut-resistant safety shoe, there would be a reasonable expectation for the cut-resistant safety shoe to perform such functions as explained after each functional limitation.
Regarding Claim 2, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, but does not expressly disclose wherein the edge comprises an undulated portion, and wherein the rivets are arranged in a wave crest of the undulated portion.
Pratt teaches a shoe with a plurality of rivets wherein the edge comprises an undulated portion (Figs. 1-7 #4/5/6), and wherein the rivets are arranged in a wave crest of the undulated portion (Figs. 1-7 show the rivet holes in the wave crests).
Smith (as modified by Trimby) and Pratt teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby) as taught by Pratt to have an undulating edge with rivets in the crests of undulation waves so that, “permits the use of stock pieces 25 and 26 [rand] for a wide variety of sizes and shapes of counters” (Pratt Page 3, l. 62-64).
Regarding Claim 5, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, further comprising a second adhesive bond (Fig. 3 shows a rivet, which acts as a second adhesive bond) for bonding the rand to the upper material (Fig. 3).
Regarding Claim 11, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, wherein each rivet of the plurality of rivets have a substantially domed head (Fig. 3); and the domed head is disposed on an outside of the upper material (Fig. 3).
Regarding independent Claim 13, Smith discloses a cut-resistant safety shoe (Figs. 1-3; It should be noted that every material offers some level of physical resistance to being cut therefore all materials are fundamentally “cut-resistant”. Further, Oxford Languages defines “safety” as “the condition of being protected from or unlikely to cause danger, risk, or injury,” therefore most all shoes are designed to provide some level of safety to the wearer as they protect the feet when walking), the shoe comprising: a sole (Fig. 3 #3), an upper material (Fig. 3 # 17); a rand (Fig. 3 #15) having an edge (Fig. 3 shows the edge of the rand as a folded edge) that lies above the upper material (Fig. 3 shows the edge of the rand is above the upper material); a cut protection layer (Fig. 3 #21; See above for “cut-resistant”) provided on an inside of the upper material (Fig. 3 #17a); a plurality of rivets (Fig. 1 shows a plurality of rivets #18) penetrating the rand (Fig. 3) and the upper material (Fig. 3) but not the cut protection layer (Fig. 3 shows the cut protection #21 layer is not penetrated by the rivet #18); each rivet of the plurality of rivets comprising a head (Smith Annotated Fig. 3) disposed on an inside of the shoe (Fig. 3) and a substantially domed head disposed on an outside of the shoe (Fig. 3 #18 head is domed and on the outside of the shoe), wherein each rivet of the plurality of rivets comprises a shaft (Smith Annotated Fig. 3), a first side of the head directly connected to the shaft (Fig. 3), the first side of the head comprising a first planar surface (Fig. 3; further, Fig. 3 shows that at least part of the rivet is planar), and a second side of the head (Smith Annotated Fig. 3) being opposite the first side (Fig. 3) away from the shaft (Fig. 3), the second side comprising a second planar surface (Fig. 3 shows the inner side of the rivet— the side against the shoe on both the outer and inner surfaces— is substantially planar) forming a distal end surface of each rivet of the plurality of rivets (Smith Annotated Fig. 3); wherein the head is disposed on an inner side of the cut resistant safety shoe (Fig. 3); wherein the head is sandwiched between the upper material and the cut protections layer (Fig. 3), the second surface being directly covered by the cut protection layer (Fig. 3) and the first planar surface is proximate to the upper material (Fig. 3); and wherein the plurality of rivets are inserted along the edge of the rand (Figs. 1 & 3), and ; and wherein the plurality of rivets are inserted along the edge of the rand (Figs. 1 & 3) in addition to at least one seam (Fig. 3 shows a folded seam between the edge of the rand and the rivet #18) between the rand and the upper material (Fig. 3).
Smith does not expressly disclose an adhesive bond for bonding the rand to the sole, the cut protection layer comprising fibrous material configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw, and that the rivet head on the inside of the shoe is substantially flat.
Trimby teaches shoes with rands comprising an adhesive bond for bonding the rand to the sole (Page 1, l. 32-49).
Both Smith and Trimby teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use adhesive to bond the rand to the sole of the shoe of Smith as taught by Trimby to add an extra layer of bonding to the shoe so that in the event that the rivets failed, the rand would stay attached to the shoe and not fall off, thereby still protecting the wearer.
The modified cut-resistant safety shoe of Smith does not expressly disclose the cut protection layer comprising fibrous material configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw and that the rivet head on the inside of the shoe is substantially flat.
Diaz teaches a chain saw safety shoe (Figs. 1-6 #10) with a cut protection layer (Figs. 1-6 #42) comprising fibrous material (Col. 4:1-14) configured such that a chain saw contacting the cut protection layer shreds fibers of the cut protection layer to stop the chain saw (Col. 4:1-14).
Both Smith and Diaz teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use a fibrous material as the cut protection layer of the of Smith as taught by Diaz because “This support tends to hold the woven layers in a more structured manner when engaged by the chain saw blade and permits filaments of the woven layer to be more readily disengaged from the woven layers. The filaments cause the chain saw blade to jam,” (Diaz Col. 4:1-14). Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
The modified cut-resistant safety shoe of Smith does not expressly disclose that the rivet head on the inside of the shoe is substantially flat.
Pratt teaches a shoe with a plurality of rivets (Fig. 7) wherein the rivet head on the inside of the shoe is substantially flat (Fig. 7, #24 inner side of the shoe).
Smith (as modified by Trimby and Diaz) and Pratt teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby and Diaz) as taught by Pratt to have a flat head on the inner rivet so that the manufacturer could use inexpensive single-cap or double-cap rivets when producing the shoe to decrease the cost of construction, and since most single/double-capped rivets are made of lightweight steel, the use of these rivets would decrease the weight of the shoe. Further, it would have been obvious to one of ordinary skill in the art at the time the effective filing date to use a rivet with a flat head on one side as there are only a finite number of rivet types available for use in footwear manufacturing thus choosing a flat-headed rivet would have a reasonable expectation of success. See MPEP 2143(I)(E).
Regarding Claim 16, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to 13, wherein each rivet of the rivets have a substantially domed head (Fig. 3); and the domed head is disposed on an outside of the upper material (Fig. 3).
Claims 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Diaz, Trimby, and Pratt as applied to claims 1-2 above, and further in view of Marega US 6444074.
Regarding Claim 3, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, comprising the edge (Fig. 3), but does not expressly disclose the edge comprises a serrated portion, and wherein the rivets are arranged in a spike of the serrated portion.
Marega teaches shoes with rivets comprising a serrated portion (Figs. 1-2 #22 shows a serrated edge), and wherein the rivets are arranged in a spike of the serrated portion (Figs. 1-2 #20 show the rivets in the middle of the spikes of the serrated edge).
Smith (as modified by Trimby, Diaz, and Pratt), and Marega teach shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to add a serrated edge to the rand of the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Marega to alter the design aesthetic of the shoe itself. Further, it has been held to be within the general skill of a worker in the art to select a known material/pattern on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Regarding Claim 14, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claims 1-2, comprising the edge (Fig. 3), but does not expressly disclose the edge comprises a serrated portion, and wherein the rivets are arranged in a spike of the serrated portion.
Marega teaches shoes with rivets comprising a serrated portion (Figs. 1-2 #22 shows a serrated edge), and wherein the rivets are arranged in a spike of the serrated portion (Figs. 1-2 #20 show the rivets in the middle of the spikes of the serrated edge).
Both Smith (as modified by Trimby, Diaz, and Pratt) and Marega teach shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to add a serrated edge to the rand of the shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Marega to alter the design aesthetic of the shoe itself. Further, it has been held to be within the general skill of a worker in the art to select a known material/pattern on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Claims 4, 7, 9-10, 12, 15, 17-19, and 21 as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Diaz, Trimby, and Pratt as applied to claims 1 and 13 above, and further in view of Tin WO 2009005336.
Regarding Claim 4, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, and further comprising a connection (Col. 2, l. 44-47) between the rand the upper material (Col. 2, l. 44-47; Fig. 3), but does not expressly disclose the connection being sewn.
Tin teaches a safety shoe (Fig. 17) with a rand (Tin Annotated Fig. 18) that is sewn to (Page 1, l. 11-12) an upper material (Page 1, l. 11-12; Tin Annotated Fig. 18).
Smith (as modified by Trimby, Diaz, and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby and Pratt) as taught by Tin to have a sewn connection between the rand and the upper material as stitching does not require drying time so the shoe can be packaged quickly.
Regarding Claim 7, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, but does not expressly disclose a lining layer disposed on an inside of the upper material.
Tin teaches a safety shoe comprising a lining layer (Tin Annotated Fig. 18) disposed on an inside of the upper material (Fig. 18 shows the lining layer on the inside aspect of the upper material).
Both Smith (as modified by Trimby and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Tin to have a lining layer on the inside of the upper material to add an additional layer of protection against chemicals or damage to the cut-protection layer if penetration occurs to the upper material.
Regarding Claim 9, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 7, wherein each rivet of the plurality of rivets penetrate, at least in part, the rand and the upper material (Fig. 3), but does not expressly disclose that each rivet of the plurality of rivets penetrates the lining layer.
Tin teaches a safety shoe comprising a rivet that penetrates, at least in part, the lining layer (Fig. 18 shows the rivets penetrating through a part of each of the rand, the upper material, and the lining layer).
Smith (as modified by Trimby, Diaz, and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Tin so that the rivets penetrate the rand, upper material, and the lining layer to, “strengthen(s) the existing bond between” the layers after stitching (Tin Page 3, l. 23-24).
Regarding Claim 10, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, wherein the cut protection layer is provided on an inside of the upper material (Fig. 3 underside of #17); wherein each rivet of the plurality of rivets penetrate at least in part the rand, the upper material, and the cut protection layer (Fig. 3), but does not expressly disclose that there is a lining layer is provided on the inside of the upper material and each rivet of the plurality of rivets penetrates the lining layer.
Tin teaches a safety shoe comprising a lining layer provided on the inside of an upper material (Tin Annotated Fig. 18) and each rivet of the plurality of rivets penetrates the lining layer (Fig. 18 shows one rivet penetrating through a part of each of the rand, the upper material, the lining layer, and another rivet penetrating through the rand, connecting layer, and cut protection layer).
Smith (as modified by Trimby, Diaz, and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Tin so that the rivets penetrate the rand, connecting layer, and cut protection layer to, “strengthen(s) the existing bond between” the layers after initial bonding is completed (Tin Page 3, l. 23-24).
Regarding Claim 12, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 9, wherein each rivet of the plurality of rivets have a substantially domed head (Fig. 3), and the domed head is disposed on an outside of the upper material (Fig. 3).
Regarding Claim 15, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, wherein the cut protection layer is provided on an inside of the upper material (Fig. 3 #17a) but does not expressly disclose a lining layer is provided on the inside of the upper material.
Tin teaches a safety shoe comprising a lining layer provided on an inside of the upper material (Fig. 18 shows the inner layer on the inside aspect of the upper material).
Smith (as modified by Trimby, Diaz, and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Tin to have a lining layer on the inside of the upper material to add an additional layer of protection against chemicals or damage to the cut-protection layer if penetration occurs to the upper material.
Regarding Claim 17, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 10, wherein each rivet of the rivets have a substantially domed head (Fig. 3), and wherein the substantially domed head is disposed on an outside of the upper material (Fig. 3).
Regarding Claim 18, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, wherein the rivets are inserted along the edge of the rand (Figs. 1 & 3), but does not expressly disclose a connecting layer, the connecting layer disposed between the rand and the upper material, the connecting layer being adhesively bonded to the rand and the upper material.
Tin teaches a safety shoe with a connecting layer (Tin Annotated Fig. 18), the connecting layer disposed between the rand and the upper material (Tin Annotated Fig. 18), the connecting layer being bonded to the rand and the upper material (Tin Annotated Fig. 18 shows the connecting layer bonded by a rivet to the rand and upper material).
Smith (as modified by Trimby, Diaz, and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Tin to have a connecting layer disposed between the rand and the upper material, the connecting layer being bonded to the rand and the upper material so that the connecting layer could provide, “protection against wear and impact loads for the shoe based on working environment of the user” (Tin Page 4, l. 11-12).
The modified cut-resistant shoe of Smith (as modified by Trimby, Diaz, and Pratt) does not expressly disclose the connecting layer being adhesively bonded to the rand and the upper material.
Trimby teaches shoes with rands comprising an adhesive bond for bonding the rand to the upper material (Page 1, l. 32-49; Figs. 1 & 2 show the rand #e bonded to the upper #c and sole #A).
Smith (as modified by Pratt, Diaz, and Tin) and Trimby teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Pratt, Diaz and Tin) as taught by Trimby to add an extra layer of bonding to the shoe so that in the event that the rivets failed, the rand would stay attached to the shoe and not fall off, thereby still protecting the wearer.
Regarding Claim 19, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 13, wherein the rivets are inserted along the edge of the rand (Figs. 1 & 3), but does not expressly disclose a connecting layer, the connecting layer disposed between the rand and the upper material, the connecting layer being adhesively bonded to the rand and the upper material.
Tin teaches a safety shoe with a connecting layer (Tin Annotated Fig. 18), the connecting layer disposed between the rand and the upper material (Tin Annotated Fig. 18), the connecting layer being bonded to the rand and the upper material (Tin Annotated Fig. 18 shows the connecting layer bonded by a rivet to the rand and upper material).
Smith (as modified by Trimby, Diaz, and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Tin to have a connecting layer disposed between the rand and the upper material, the connecting layer being bonded to the rand and the upper material so that the connecting layer could provide, “protection against wear and impact loads for the shoe based on working environment of the user” (Tin Page 4, l. 11-12).
The modified cut-resistant shoe of Smith (as modified by Trimby, Diaz, and Pratt) does not expressly disclose the connecting layer being adhesively bonded to the rand and the upper material.
Trimby teaches shoes with rands comprising an adhesive bond for bonding the rand to the upper material (Page 1, l. 32-49; Figs. 1 & 2 show the rand #e bonded to the upper #c and sole #A).
Smith (as modified by Pratt, Diaz, and Tin) and Trimby teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Pratt, Diaz and Tin) as taught by Trimby to add an extra layer of bonding to the shoe so that in the event that the rivets failed, the rand would stay attached to the shoe and not fall off, thereby still protecting the wearer.
Regarding Claim 21, the modified cut-resistant safety shoe of Smith discloses the cut-resistant safety shoe according to claim 1, but does not expressly disclose further comprising a lining layer disposed on an inside of the upper material, wherein the cut protection layer is disposed inwardly of the lining layer and each rivet penetrates the rand, the upper material, and the lining layer but does not penetrate the cut protection layer.
Tin teaches a safety shoe comprising a lining layer (Tin Annotated Fig. 18) disposed on an inside of the upper material (Fig. 18 shows the lining layer on the inside aspect of the upper material), wherein the cut protection layer is disposed inwardly of the lining layer and each rivet penetrates the rand, the upper material, and the lining layer but does not penetrate the cut protection layer (Fig. 18).
Both Smith (as modified by Trimby, Diaz, and Pratt) and Tin teach analogous inventions in the art of shoes with upper attachments. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cut-resistant safety shoe of Smith (as modified by Trimby, Diaz, and Pratt) as taught by Tin to have a lining layer on the inside of the upper material to add an additional layer of protection against chemicals or damage to the cut-protection layer if penetration occurs to the upper material.
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Response to Arguments
Applicant’s arguments, filed 30 March 2026, with respect to the 35 USC 103 of claims 1-5, 7, and 9-20 have been considered but are not persuasive.
Regarding the 35 USC 103 of claims 1 and 13, Applicant argues:
The amendments to the claims overcome the prior art of record, in particular the seam and fibrous material (Remarks Pgs. 9-10).
The Examiner respectfully disagrees. Smith shows a seam at the fold (Smith Fig. 3) and the prior art of Diaz has been added to address the fibrous material (which is also rejected as a 112(a).) See 35 USC 103 and 35 USC 112(a) rejections above.
Applicant submits that the dependent claims are patentable based on their dependencies from claims 1 and 13; however, as discussed in the rejection below and in the arguments above, claims 1 and 13 are not allowable over the prior art. Therefore, these arguments have not been found convincing and the rejections of the independent claims under 35 U.S.C. 102 and/or 103 have been maintained.
Conclusion
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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