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 .
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 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.
DETAILED ACTION
The present application, filed on March 18, 2026, in which claims 1-3 and 5-21 were presented for examination, of which claims 1, 15, 19, and 20 were amended, are being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed March 18, 2026 have been fully considered but they are not persuasive.
Applicants 1st Argument: It is respectfully submitted that claim 1 has been amended to recite, in part, "a first knitted wall surrounding a first channel and a first number of continuous strands intermittently incorporated into opposing sides of the first knitted wall and extending continuously from a first side of the knitted component to a second side of the knitted component through the channel."
As such, as amended, independent claim 1 is distinguishable from Dojan. Therefore, the withdrawal of the 35 U.S.C. § 102(a)(1) rejection and allowance of amended independent claim 1 is respectfully requested.
Examiner response: Examiner respectfully disagrees, and shows how the amended limitation is disclosed by Dojan, as claimed below.
Applicants 2nd Argument: Amended independent claim 15, similar to claim 1, recites, in part, "a first knitted wall surrounding a first channel and a first number of continuous strands intermittently incorporated into opposing sides of the first knitted wall and extending continuously from the medial side to the lateral side in a throat area of the upper, wherein the first number of continuous strands intermittently incorporated into the opposing sides of the first knitted wall maintain a first open volume of the first channel; and a second knitted wall surrounding a second channel and a second number of continuous strands intermittently incorporated into opposing sides of the second knitted wall and extending continuously from the medial side to the lateral side in the throat area of the upper, wherein the second number of continuous strands intermittently incorporated into the opposing sides of the second knitted wall maintain a second open volume of the second channel." As such, it is respectfully submitted that claim 15 is also distinguishable from Dojan and Meir. As such, withdrawal of the 35 U.S.C. § 103 rejection and allowance of amended independent claim 15 is respectfully requested. Claims 16-18 depend from amended independent 15, further defining aspects claimed. As such, claims 16-18 are also allowable, at least by virtue of their dependency, and such favorable action is respectfully requested. Similarly, amended independent claim 19 recites, in part, "a first number of continuous strands intermittently incorporated into opposing sides of the first knitted wall and extending continuously from the medial side to the lateral side through the first channel in a throat area of the upper." As such, claim 19 and its dependent claim 20 are also distinguishable and allowable over Dojan and Meir, and such favorable action is respectfully requested.
Examiner response: Examiner respectfully disagrees, and shows how the amended limitation is disclosed by Dojan and Meir, as claimed below.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 5, 6, 8-10, 12, 13, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dojan et al. “Dojan” (US Patent 10,413,012).
Regarding claim 1, Dojan discloses a knitted component (10, Fig. 1-6 and 9D, Col. 4, lines: 36-57, Col. 6, lines: 10-18, examiner notes elements 41 and 42 are knitted and make up element 10) comprising:
a first knitted structure (see annotated Fig. 9D below, examiner notes the structures encompass strands, 34, layers, 37, 41 and 42, and channels created between strands 34, and layers , 37, 41 and 42, Col. 6, lines: 38-40) comprising a first knitted wall (42, as shown within the annotated “first set of cushioning structures” in annotated Fig. 9D below) surrounding a first channel (shown within the annotated “first set of cushioning structures” as “channel” in annotated Fig. 9D below. Examiner notes a “channel” is created between element 42 and 34, Col. 6, lines: 38-40) and a first number of continuous strands (34) intermittently incorporated into opposing sides of the first knitted wall (examiner notes the continuous strands, 34, are shown within in “opposing sides of the first knitted wall” due to being placed on the inner and outer side of the knitted component, 10, in annotated Fig. 9D below) and extending continuously from a first side of the knitted component (see annotated Fig. 9D below) to a second side of the knitted component (see annotated Fig. 9D below) through the first channel (see annotated Fig. 9D below, Col. 9, lines: 34-44) and forming a first scaffolding-like structure (examiner notes a “scaffold-like structure” is shown due to the annotated knitted structure having a peak, at where element 34 causes layer 42 to bulge outward, and troughs, around element 34, which would form a wave) configured to support and maintain a substantially open volume of the first channel (examiner notes an “open volume” is present around strands 34, as shown in Fig. 9D where there’s a space present between base layer, 41, and strand 34, and Applicant has not defined metes an bounds for what constitutes a “substantially open volume” of the first channel).
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Fig. 1-Examiner Annotated Below
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Fig. 9D-Examiner Annotated
Regarding claim 2, Dojan discloses further comprising a second knitted structure (see annotated Fig. 9D above) having a second knitted wall (42, as shown within the annotated “second set of cushioning structures” in annotated Fig. 9D below) surrounding a second channel (as shown within the annotated “second set of cushioning structures” in annotated Fig. 9D below. Examiner notes a “channel” is created between element 42 and 34, Col. 6, lines: 38-40) and a second number of continuous strands (34) intermittently incorporated into the second knitted wall (42, as shown in annotated Fig. 9D above) and extending continuously from the first side of the knitted component to the second side of the knitted component (see annotated Fig. 9D above) through the second channel (see annotated Fig. 9D above, Col. 9, lines: 34-44) and forming a second scaffolding-like structure (examiner notes a “scaffold-like structure” is shown due to the annotated knitted structure having a peak, at where element 34 causes layer 42 to bulge outward, and troughs, around element 34, which would form a wave), wherein the first knitted structure (see annotated Fig. 9D above) and the second knitted cushioning structure (see annotated Fig. 9D above) are arranged as juxtaposed knitted structures (examiner notes the annotated structures are shown “juxtaposed” to each other in annotated Fig. 9D above).
Regarding claim 5, Dojan discloses wherein the second number of continuous strands is greater than the first number of continuous strands (examiner notes annotated Fig. 9D above shows the “second continuous strands is greater than the first number of continuous strands” by 1 strand).
Regarding claim 6, Dojan discloses a third knitted structure (see annotated Fig. 9D above) comprising a third knitted wall (42, as shown within the annotated “third set of cushioning structures” in annotated Fig. 9D below) surrounding a third channel (as shown within the annotated “third set of cushioning structures” in annotated Fig. 9D below. Examiner notes a “channel” is created between element 42 and 34, Col. 6, lines: 38-40) and a third number of continuous strands intermittently incorporated into the third knitted wall and extending continuously from the first side of the knitted component to the second side of the knitted component through the third channel (examiner notes as shown in annotated Fig. 9D above, and 4 strands are shown in the third knitted structure) and forming a third scaffolding-like structure (examiner notes a “scaffold-like structure” is shown due to the annotated knitted structure having a peak, at where element 34 causes layer 42 to bulge outward, and troughs, around element 34, which would form a wave).
Regarding claim 8, Dojan discloses the knitted wall (42, Col. 6, lines: 5-18) wherein the first knitted wall (42) and the second knitted wall (42), each comprise a first yarn (Col. 6, lines: 11-14) and wherein the first number of continuous strands (37) and the second number of continuous strands (37) each comprise a second yarn (Col. 6, lines: 56-58).
Regarding claim 9, Dojan discloses the second yarn is a monofilament yarn (Col. 6, lines: 52-62).
Regarding claim 10, Dojan discloses the monofilament yarn is a polyester monofilament yarn (Col. 6, lines: 46-48 and 52-62).
Regarding claim 12, Dojan discloses the first knitted wall (42) of the first knitted structure and the second knitted wall of the second knitted structure is configured as a circular knitted tube wall (examiner notes layer, 42, is shaped as a “tube wall” in Fig. 9D, “configured as…wall” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function).
Regarding claim 13, Dojan discloses the first knitted wall (42) of the first knitted structure is an asymmetric knitted tube wall (see annotated Fig. 9D above) having an exterior- facing wall portion (see annotated Fig. 9D above) and an interior-facing wall portion (see annotated Fig. 9D above) opposite the exterior-facing wall portion (see annotated Fig. 9D above), wherein the exterior-facing wall portion (see annotated Fig. 9D above) forms more cushioning volume than the interior-facing wall portion (examiner notes one of ordinary skill in the art would recognize the exterior portion is shown larger/extending over the interior portion, which causes the exterior portion to have a larger volume).
Regarding claim 21, Dojan discloses wherein the first knitted structure (see annotated Fig. 9D below) is surrounded by a peripheral region of the knitted component (see annotated Fig. 1 below, examiner notes the “peripheral region” is above and below the annotated structures).
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 3 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dojan in view of Meir (US Patent 9,375,046).
Regarding claim 3, Dojan discloses the knitted component (10, Fig. 1-6 and 9D, Col. 4, lines: 36-57, Col. 6, lines: 10-18, examiner notes elements 41 and 42 are knitted and make up element 10) forms an upper (30) for an article of footwear (as shown in Fig. 1-2), wherein the upper (30) comprises a collar (region around opening, 31, in Fig. 1 and 2) defining an opening (31) to a void (examiner notes “void” is shown as empty space in Fig. 9D) within the upper (30) for receiving a foot of a wearer (“for receiving…wearer” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function), wherein the first knitted structure and the second knitted structure extend outward from the first side (see annotated Fig. 9D above-medial side is the first side) to the second side (see annotated Fig. 9D above-lateral side is the second side) of the upper (30).
Dojan does not disclose extending outward from a first side to a second side in
However, Meir teaches yet another knit component, wherein Meir teaches knitted structures (126, Fig. 1-7) extending from a first side (examiner notes “first side” is shown in Fig. 21) to a second side (examiner notes “second side” is shown in Fig. 22) in(2016, Col. 25, lines: 14-19, 25-32, and 40-45).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the throat area of the upper as disclosed by Dojan, by incorporating cushioning structures in the throat area as taught by Meir, in order to enhance user comfort in the throat area of the footwear.
Regarding claim 14, Dojan discloses the knit component (10, Fig. 1-6 and 9D, Col. 4, lines: 36-57, Col. 6, lines: 10-18, examiner notes elements 41 and 42 are knitted and make up element 10) is incorporated in an upper for an article of footwear (30, as shown in Fig. 1-2), wherein the first channel of the first knitted structure (42) and the second channel of the second knitted structure (42) are arranged side-by-side (examiner notes as shown in annotated Fig. 9D above) and substantially parallel to each other (examiner notes as shown in annotated Fig. 9D above).
Dojan does not disclose knitted structure in a throat area of the upper.
However, Meir teaches yet another knit component, wherein Meir teaches knitted structures (126, Fig. 1-7) substantially parallel to each other in(2016, Col. 25, lines: 14-19, 25-32, and 40-45, as shown in Fig. 20-24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the throat area of the upper as disclosed by Dojan, by incorporating knitted structures in the throat area as taught by Meir, in order to enhance user comfort in the throat area of the footwear.
Regarding claim 15, Dojan discloses an upper (30) for an article of footwear (Fig. 1), the upper comprising (30): a lateral side; a medial side (see annotated Fig. 9D above); and a knitted component comprising: a first integrally knitted structure (see annotated Fig. 9D above, examiner notes the structures encompass strands, 34, layers, 37, 41 and 42, and channel created between strands 34, and layers , 37, 41 and 42, Col. 6, lines: 38-40) having a first knitted wall (42) surrounding a first channel (see annotated Fig. 9D above) and a first number of continuous strands (34) intermittently incorporated into opposing sides of the first knitted wall (42, examiner notes the continuous strands, 34, are shown within in “opposing sides of the first knitted wall” due to being placed on the inner and outer side of the knitted component, 10, in annotated Fig. 9D above) and extending continuously from the medial side to the lateral side (see annotated Fig. 9D above, Col. 9, lines: 34-44, examiner notes Fig. 1 and 2 show strands, 34, extending from a medial side to a lateral side of the shoe); wherein the first number of continuous strands intermittently incorporated into the opposing sides of the first knitted wall maintain a first open volume of the first channel (examiner notes an “open volume” is present around strands 34, as shown in Fig. 9D where there’s a space present between base layer, 41, and strand 34, and Applicant has not defined metes an bounds for what constitutes a “substantially open volume” of the first channel); and
and a second integrally knitted structure (see annotated Fig. 9D above) each having a second knitted wall (42) surrounding a second channel (see annotated Fig. 9D above) and a second number of continuous strands (34) intermittently incorporated into opposing sides of the second knitted wall (as shown in annotated Fig. 9D above, examiner notes the continuous strands, 34, are shown within in “opposing sides of the first knitted wall” due to being placed on the inner and outer side of the knitted component, 10, in annotated Fig. 9D above) and extending continuously from the medial side to the lateral side (see annotated Fig. 9D above), wherein the second number of continuous strands (34) intermittently incorporated into opposing sides of the second knitted wall (42) maintain a second open volume of the second channel (examiner notes an “open volume” is present around strands 34, as shown in Fig. 9D where there’s a space present between base layer, 41, and strand 34, and Applicant has not defined metes an bounds for what constitutes a “substantially open volume” of the second channel).
Dojan does not disclose a first number of continuous strands extending continuously from the medial side to the lateral side in a throat area of the upper, and a second number of continuous strands extending continuously from the medial side to the lateral side in a throat area of the upper.
However, Meir teaches yet another knit component, wherein Meir teaches a number of continuous strands (2018, Fig. 20) extending continuously from the medial side (examiner notes “medial side” is shown in Fig. 21) to the lateral side (examiner notes “lateral side” is shown in Fig. 22) in a throat area of the upper (2016, Col. 25, lines: 14-19, 25-32, and 40-45).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the throat area of the upper and the first and second number of continuous strands as disclosed by Dojan, by incorporating the continuous strands in the throat area as taught by Meir, in order to enhance user comfort in the throat area of the footwear.
Regarding claim 16, Dojan in view of Meir disclose the first integrally knitted structure (see annotated Fig. 9D above of Dojan) and the second integrally knitted structure (see annotated Fig. 9D above) are arranged as juxtaposed knitted structures (examiner notes the annotated structures are shown “juxtaposed” to each other in annotated Fig. 9D above).
Regarding claim 17, Dojan in view of Meir disclose wherein the second number of continuous strands is greater than the first number of continuous strands (examiner notes annotated Fig. 9D above of Dojan shows the “second continuous strands is greater than the first number of continuous strands” by 1 strand),
Regarding claim 18, Dojan in view of Meir disclose the first number of continuous strands (34) comprises at least two strands (34) extending continuously through the first channel (examiner notes as shown in Fig. 1-2 and annotated Fig. 9D above).
Regarding claim 19, Dojan discloses a method for fabricating an article of footwear (Col. 11, lines: 20-40, Fig. 1-6 and 9D), the method comprising: knitting an upper (30) comprising a knitted component (10, Col. 4, lines: 36-57, Col. 6, lines: 10-18, examiner notes elements 41 and 42 are knitted and make up element 10), wherein the upper (30) comprises a lateral side (see annotated Fig. 9D above), and a medial side (see annotated Fig. 9D above) opposite the lateral side; and
knitting a first integrally knit structure (see annotated Fig. 9D above, examiner notes the structures encompass strands, 34, layers, 37, 41 and 42, and channel created between strands 34, and layers , 37, 41 and 42, Col. 6, lines: 38-40) having a first knitted wall (42) surrounding a first channel (see annotated Fig. 9D above) and a first number of continuous strands (34) intermittently incorporated into opposing sides of the first knitted wall (examiner notes the continuous strands, 34, are shown within in “opposing sides of the first knitted wall” due to being placed on the inner and outer side of the knitted component, 10, in annotated Fig. 9D above) and extending continuously from the medial side to the lateral side (see annotated Fig. 9D above) through the first channel (see annotated Fig. 9D above, Col. 9, lines: 34-44), wherein the upper includes a throat area (see annotated Fig. 1 above), and forming a first scaffolding-like structure (examiner notes a “scaffold-like structure” is shown due to the annotated knitted structure having a peak, at where element 34 causes layer 42 to bulge outward, and troughs, around element 34, which would form a wave) configured to support and maintain a substantially open volume of the first channel (examiner notes an “open volume” is present around strands 34, as shown in Fig. 9D where there’s a space present between base layer, 41, and strand 34, and Applicant has not defined metes an bounds for what constitutes a “substantially open volume” of the second channel).
Dojan does not disclose a first number of continuous strands extending continuously from the medial side to the lateral side in a throat area of the upper.
However, Meir teaches yet another knit component, wherein Meir teaches a first number of continuous strands (2018, Fig. 20) extending continuously from the medial side (examiner notes “medial side” is shown in Fig. 21) to the lateral side (examiner notes “lateral side” is shown in Fig. 22) in(2016, Col. 25, lines: 14-19, 25-32, and 40-45).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the throat area of the upper as disclosed by Dojan, by incorporating the continuous strands in the throat area as taught by Meir, in order to enhance user comfort in the throat area of the footwear.
Regarding claim 20, Dojan in view of Meir disclose further comprising knitting a second integrally knit structure (see annotated Fig. 9D above of Dojan) having a second knitted wall (42) surrounding a second channel (see annotated Fig. 9D above) and a second number of continuous strands (34) intermittently incorporated into the second knitted wall (42) and extending continuously from the medial side to the lateral side through the second channel (see annotated Fig. 9D above, Col. 9, lines: 34-44) in the throat area of the upper (as taught by Meir in the rejection of claim 19 above) and forming a second scaffolding-like structure (examiner notes a “scaffold-like structure” is shown due to the annotated knitted structure having a peak, at where element 34 causes layer 42 to bulge outward, and troughs, around element 34, which would form a wave).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dojan in view of Podhajny et al. “Podhajny” (US Patent 10,172,422).
Regarding claim 7, Dojan discloses each of the first number of continuous strands (34) are intermittently incorporated into the first knitted wall (42, as shown in annotated Fig. 9D above).
Dojan does not disclose one or more knitted tuck stitches.
However, Podhajny teaches yet another upper for an article of footwear, wherein Podhajny teaches one or more strands (132 and 152, Fig. 1-3, 14B) extend within a channel (area around element 132 in Fig. 7A) and wherein a plurality of tuck stitches intermittently secure the one or more strands (132 and 152) to the channel wall (examiner notes the “channel wall” is the interior wall of the “channel”, area around elements 132, shown in Fig. 7A, Col. 22, Lines: 56-60).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the channel disclosed by Dojan, by incorporating tuck stitches as taught by Podhajny, in order to prevent the one or more strands from uncoupling when the article of footwear is in use.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dojan in view of Andrews et al. “Andrews” (US PG Pub. 2014/0259285).
Regarding claim 11, Dojan discloses the invention substantially as claimed above.
Dojan does not disclose the first yarn comprises two strands of textured polyester wrapped around an elasticated material.
However, Andrews teaches yet another knitted component (Par. 0031) wherein Andrew teaches yarn (11, Fig. 3, examiner notes one of ordinary skill in the art would recognize D450 fiberglass is well known in the art to be elastic, to a degree) comprises a first strand (14, Fig. 3) with two stands of textured polyester (16 and 17) wrapped around it (Par. 0034).
Therefore, it would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the first yarn disclosed by Dojan, by incorporating two strands of textured polyester wrapped around an elasticated material as taught by Andrew, in order to enhance the structural integrity of the first yarn.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent (See
PTO-892) to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAKOTA MARIN whose telephone number is (571)272-3529. The examiner can normally be reached Mon.-Fri., 9:00AM-6:00PM.
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/DAKOTA MARIN/Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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