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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 20, 2025 has been entered.
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.
1. Claim(s) 1, 4-8, 10-13, and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashcroft (US 2015/0351493).
Regarding Claim 1, Ashcroft discloses an article of footwear, comprising: a forefoot region (1050); a midfoot region that corresponds with portions of the article of footwear adjacent an arch of a foot (See annotated Figure below); a rearfoot region (1080); an upper (1005); a sole structure (1010) connected to the upper (para.278; as seen in Fig.66A-D); and a cleat assembly with a forefoot plurality of protruding members (forefoot 1120/2505,160) and a rearfoot plurality of protruding members (heel 1120/250) connected to the sole structure, wherein the forefoot plurality of protruding members includes all protruding members in the forefoot region and the rearfoot plurality of protruding members includes all protruding members in the rearfoot region (as seen in Fig.66C), the cleat assembly including: a first protruding member (forefoot one of 1120/250 at the toe end; para.290) arranged as a forefoot-most protruding member in the forefoot region of the forefoot plurality of protruding members (as seen in Fig.66C), the first protruding member extending from a first base (i.e. forefoot area of 1015), the first protruding member defining a first midfoot-facing portion (257) and a forefoot-facing portion (259)(as seen in Fig.17I-J & 16C); a first stud member (1125) extending beyond the first protruding member and defining a first ground engaging surface (para.296; as seen in Fig.66D); a second protruding member (lateral heel one of 1120/250; para.290) arranged as a rearfoot-most protruding member in the rearfoot region of the rearfoot plurality of protruding members (as seen in Fig.66C), the second protruding member extending from a second base (i.e. heel area of 1015), the second protruding member defining a second midfoot-facing portion (257) and a heel-facing portion (259)(as seen in Fig.17I-J & 16C); a second stud member (1125) extending beyond the second protruding member and defining a second ground engaging surface (para.296; as seen in Fig.66D); a first acute angle defined by the first base and the first midfoot-facing portion; a first obtuse angle defined by the first base and the forefoot-facing portion; a second acute angle defined by the second base and the second midfoot-facing portion; a second obtuse angle defined by the second base and the heel-facing portion (as seen in Fig.16C and the annotated Figure below); a third protruding member (rearmost forefoot one of 1120/250; see annotated Fig.66C below) arranged in the forefoot region of the forefoot plurality of protruding members, the third protruding member being the closest protruding member of the forefoot plurality of protruding members in the forefoot region to the second protruding member in the rearfoot region (as seen in Fig.66C & annotated Figure below); and a third stud member (1125) extending beyond the third protruding member and defining a third ground engaging surface (para.296; as seen in Fig.66D), wherein the third ground engaging surface is in the same plane as the second ground engaging surface and not in the same plane as the first ground engaging surface (see annotated Fig.66D below), and wherein the midfoot region is devoid of stud members (See annotated Figure below).
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Regarding Claim 4, Ashcroft discloses an article of footwear of claim 1, wherein the first base (i.e. forefoot area of 1015) is formed from a forefoot portion of the cleat assembly that is disposed at least partially in a forefoot region of the article of footwear and the second base (i.e. heel area of 1015) is formed from a heel portion of the cleat assembly that is disposed at least partially in a heel region of the article of footwear (as seen in Fig.66C).
Regarding Claim 5, Ashcroft discloses an article of footwear of claim 1, wherein the first protruding member (forefoot one of 1120/250) is part of a first plurality of protruding members (forefoot others of 1120/250) that are integrally formed with each other and the second protruding member (heel one of 1120/250) is part of a second plurality of protruding members (heel others of 1120/250) that are integrally formed with each other (as seen in Fig.66B-D; para.296, the protruding members are integrally formed with each other via attachment to the molded base).
Regarding Claim 6, Ashcroft discloses an article of footwear of claim 1, wherein the second protruding member (lateral heel one of 1120/250) is one of two protruding members (medial heel one of 1120/250) in the rearfoot region (as seen in Fig.66C), and the third protruding member (rearmost forefoot one of 1120/250; see annotated Fig.66C above) is one of two protruding members (and rearmost 1155) in a rear-most portion of the forefoot region (as seen in Fig.66C), and wherein both protruding members in the rearfoot region and both protruding members in the rear-most portion of the forefoot region include ground engaging surfaces that are all in the same plane (see annotated Fig.66D below).
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Regarding Claim 7, Ashcroft discloses an article of footwear of claim 6, wherein one protruding member (lateral heel one of 1120/250) of the two protruding members in the rearfoot region is in a lateral region of the sole structure and the other (medial heel one of 1120/250) of the two protruding members in the rearfoot region is in a medial region of the sole structure (as seen in Fig.66C); and wherein one protruding member (rearmost forefoot one of 1120/250; see annotated Fig.66C above) of the two protruding members in the rear-most portion of the forefoot region is in the lateral region of the sole structure and the other (rearmost 1155) of the two protruding members in the rear-most portion of the forefoot region is in the medial region of the sole structure (as seen in Fig.66C).
Regarding Claim 8, Ashcroft discloses an article of footwear of claim 1, wherein the first protruding member is integrally formed with the first base and the second protruding member is integrally formed with the second base (as seen in Fig.66B-D; para.296, the protruding members are integrally formed with each other via attachment to the molded base).
Regarding Claim 10, Ashcroft discloses an article of footwear of claim 1, wherein each of the first protruding member and the second protruding member include an injection molded polymeric material that is scratch-resistant (para.9, 296 & 302).
Regarding Claim 11, Ashcroft discloses an article of footwear of claim 1, wherein the first protruding member includes a tapered geometry having a circular cross section so that a wider portion of the first protruding member is disposed proximate to the first base and the second protruding member includes a tapered geometry so that a wider portion of the second protruding member is disposed proximate to the second base (as seen in Fig.17I-J).
Regarding Claim 12, Ashcroft discloses an article of footwear, comprising: an upper (1005); a sole structure (1010) connected to the upper and defining a forefoot region, a midfoot region, and a heel region (para.278; as seen in Fig.66A-D), wherein the midfoot region corresponds with portions of the article of footwear adjacent an arch of a foot (See annotated Fig.66C above); and a cleat assembly (1120/250) secured to the sole structure, the cleat assembly including: a forefoot portion (i.e. the forefoot portion of 1015) secured to the sole structure at the forefoot region and including a first plurality of protruding members (forefoot 1120/250,1155,1560; para.290) extending from and integrally formed with a first base (i.e. forefoot area of 1015 is a first base, inasmuch as has been claimed, as it is a base at a first location), the first plurality of protruding members angled toward the midfoot region (as seen in Fig.17I-J & 16C); wherein the first plurality of protruding members includes all protruding members in the forefoot region (as seen in Fig.66C), the first plurality of protruding members in the forefoot region including a rear-most protruding member (rearmost forefoot one of 1120/250; see annotated Fig.66C above) in a lateral region of the sole structure extending from the first base and defining a ground engaging surface (as seen in Fig.66C); and a heel portion (i.e. the heel portion of 1015) secured to the sole structure at the heel region and including a second plurality of protruding members (heel 1120/250) extending from and integrally formed with a second base (i.e. heel area of 1015 is a second base, inasmuch as has been claimed by Applicant, as it is a base at a second location), the second plurality of protruding members angled toward the midfoot region (as seen in Fig.17I-J & 16C), wherein the second plurality of protruding members includes all protruding members in the heel region (as seen in Fig.66C), the second plurality of protruding members in the heel region including a heel-most protruding member (lateral heel 1120/250) in the lateral region of the sole structure extending from the second base, defining a ground engaging surface (as seen in Fig.66C), and forming an acute angle between the second base and a midfoot-facing side of the heel-most protruding member, and an obtuse angle between the second base and a heel-facing side of the heel-most protruding member (as seen in Fig.16C and the annotated Figure above), wherein, in the lateral region of the sole structure, the rear-most protruding member of the first plurality of protruding members in the forefoot region is the closest protruding member to the heel-most protruding member of the second plurality of protruding members in the heel region (as seen in Fig.66C), and wherein the ground engaging surface of the rear-most protruding member of the first plurality of protruding members in the forefoot region is coplanar with the ground engaging surface of the heel-most protruding member of the second plurality of protruding members in the heel region and not coplanar with a ground engaging surface of at least one protruding member of the first plurality of protruding members in the forefoot region (as seen in the annotated Fig.66D above) and wherein the midfoot region is devoid of protruding members (See annotated Fig.66C above).
Regarding Claim 13, Ashcroft discloses an article of footwear of claim 12, wherein each protruding member of the first plurality of protruding members defines a respective ground engaging surface (i.e. ground engaging surface of Fig.17J), and wherein a surface area of the respective ground engaging surfaces of the first plurality of protruding members closer to the midfoot region are greater than the ground engaging surfaces of the first plurality of protruding members that are closer to the forefoot region (see annotated Figure below).
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Regarding Claim 15, Ashcroft discloses an article of footwear of claim 12, wherein at least a portion of the first base is integrally formed with at least one protruding member of the first plurality of protruding members via injection molding, and wherein at least a portion of the second base is integrally formed with at least one protruding member of the second plurality of protruding members via injection molding (para.296 & 302; as seen in Fig.66D).
Regarding Claim 16, Ashcroft discloses an article of footwear of claim 12, wherein at least two protruding member of the first plurality of protruding members each define a midfoot-facing side wall (257) and a forefoot-facing side wall (259), the midfoot-facing side wall forming an acute angle with the first base and the forefoot-facing side wall forming an obtuse angle with the first base (see annotated Figure with Claim 1 & Fig.16C).
Regarding Claim 17, Ashcroft discloses an article of footwear of claim 16, wherein the midfoot-facing side wall are integrally formed with the forefoot-facing side wall (as seen in Fig.17I-J).
Regarding Claim 18, Ashcroft discloses an article of footwear of claim 12, wherein at least one protruding member of the second plurality of protruding members defines a midfoot-facing side wall (257) and a heel-facing side wall (259), the midfoot-facing side wall forming an acute angle with the second base and the heel-facing side wall forming an obtuse angle with the second base (see annotated Figure with Claim 1 & Fig.16C.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
2. Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashcroft (US 2015/0351493).
Regarding Claim 2, Ashcroft discloses the invention substantially as claimed above. While the obtuse angles of Ashcroft appears to be between 95 degrees and 145 degrees, Ashcroft does not explicitly disclose wherein each of the first obtuse angle and the second obtuse angle is between 95 degrees and 145 degrees. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed the obtuse angle of Ashcroft to be between 95 degrees and 145 degrees, in order to provide the optimum traction for a sporting surface. Further, the claimed values are merely an optimum or workable range, and it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Regarding Claim 3, Ashcroft discloses the invention substantially as claimed above. While the acute angles of Ashcroft appears to be between 35 degrees and 85 degrees, Ashcroft does not explicitly disclose wherein each of the first acute angle and the second acute angle is between 35 degrees and 85 degrees. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have formed the acute angle of Ashcroft to be between 35 degrees and 85 degrees, in order to provide the optimum traction for a sporting surface. Further, the claimed values are merely an optimum or workable range, and it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
3. Claim(s) 9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashcroft (US 2015/0351493) in view of Evans (US 6,101,746).
Regarding Claim 9, Ashcroft discloses the invention substantially as claimed above. Ashcroft does not disclose wherein each of the first and second stud members are configured as removable stud tips. However, Evans teaches a shoe sole having protruding members (46) with stud members (49) are configured as removable stud tips (as seen in Fig.24a-b; Col.5, lines 17-28).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stud members of Ashcroft to be removable, as taught by Evans, in order to provide a sole which can have interchangeable stud members which can be varied to suit different playing surfaces, conditions, and/or sports.
Regarding Claim 14, Ashcroft discloses an article of footwear of claim 12, further comprising: stud tips (1125) that extend from each of the first and second pluralities of protruding members (para.269; as seen in Fig.66D). Ashcroft does not disclose wherein the stud tips are removable. However, Evans teaches a shoe sole having protruding members (46) with stud members (49) are configured as removable stud tips (as seen in Fig.24a-b; Col.5, lines 17-28).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the stud members of Ashcroft to be removable, as taught by Evans, in order to provide a sole which can have interchangeable stud members which can be varied to suit different playing surfaces, conditions, and/or sports.
Response to Arguments
In view of Applicant's amendment, the search has been updated, and newly modified grounds of rejection have been identified and applied. Applicant's arguments, which are drawn solely to the newly amended limitations, have been considered but are moot in view of the newly modified ground(s) of rejection.
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 MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732