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 .
Response to Amendment
The amendment filed on 07/20/2026 has been entered. Claims 1-18 and 21-22 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 07/20/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 and 21-22 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 pre-AIA the applicant regards as the invention.
Claims 1, 12 and 21 recite the limitation "at least about 1/16 inch". The term "about" is a term of approximation, which is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree. It is unclear what is included or excluded by "about"; e.g., how much a deviation can be from 1/16 inch to still be considered as "about 1/16 inch". Therefore, the metes and bounds of the claims are unclear and cannot be ascertained.
Claims 7, 13 and 22 each recite "at least about 1/8 inch", and claims 8, 16 each recite "at least about 1/4 inch". The claims are indefinite due to similar reasons as discussed above. It is unclear what is included or excluded by "about". Therefore, the metes and bounds of the claims are unclear and cannot be ascertained.
Claim 1 recites the limitation "the knitted loops of the knitted component". There is insufficient antecedent basis for "the knitted loops" in the claim. For examination purposes, the limitation has been construed to be "knitted loops of the knitted component".
Claim 1 recites the limitation "knitted loops are not positioned on opposing sides of the exposed portion and the exposed portion is not compressed by knitted loops on opposing sides". First, the claim has previously defined knitted loops of the first surface, knitted loops of the second surface, and knitted loops of the knitted component. It is unclear whether "knitted loops" with the two instances in the limitation are referring to either of the previously defined knitted loops or different knitted loops. Second, the limitation recites two instances of "opposing sides", and it is unclear whether they are referring to the same opposing sides or different opposing sides. For examination purposes, "knitted loops" in the limitation has been construed to be the knitted loops of the knitted component, and the two instances of "opposing sides" have been interpreted to be the same opposing sides.
Claim 1 recites the limitation "the ends of the exposed portion". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been construed to be two ends of the exposed portion in a length direction of the first expandable yarn.
Claim 3 recites the limitation "knitted loops of the first surface and knitted loops of the second surface". Claim 3 depends from claim 1, and claim 1 has set forth knitted loops of the first surface, knitted loops of the second surface. It is unclear whether they are referring to the same knitted loops of the first surface and the same knitted loops of the second surface. For examination purposes, the limitation has been construed to be "the knitted loops of the first surface and the knitted loops of the second surface".
Claim 12 recites the limitation "the knitted loops of the knitted component". There is insufficient antecedent basis for "the knitted loops" in the claim. For examination purposes, the limitation has been construed to be "knitted loops of the knitted component".
Claim 12 recites the limitation "knitted loops are not positioned on opposing sides of the first exposed portion and the first exposed portion is not compressed by knitted loops on opposing sides". First, the claim has previously defined a first set of knitted loops, a second set of knitted loops, and knitted loops of the knitted component. It is unclear whether "knitted loops" with the two instances in the limitation are referring to either of the previously defined knitted loops or different knitted loops. Second, the limitation recites two instances of "opposing sides", and it is unclear whether they are referring to the same opposing sides or different opposing sides. For examination purposes, "knitted loops" in the limitation has been construed to be the knitted loops of the knitted component, and the two instances of "opposing sides" have been interpreted to be the same opposing sides.
Claim 21 recites the limitation "the knitted loops are not positioned on opposing sides of the first exposed portion and the first exposed portion is not compressed by knitted loops on opposing sides". First, the claim has previously defined a first set of knitted loops, a second set of knitted loops, and knitted loops of the knitted component. It is unclear which knitted loops are being referred to by "the knitted loops" in the limitation. Second, it is unclear whether "knitted loops on opposing sides" in the limitation is referring to any of the previously defined knitted loops or different knitted loops. Third, the limitation recites two instances of "opposing sides", and it is unclear whether they are referring to the same opposing sides or different opposing sides. For examination purposes, the limitation has been construed to be "the knitted loops of the knitted component are not positioned on opposing sides of the first exposed portion and the first exposed portion is not compressed by the knitted loops of the knitted component on the opposing sides".
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7-18 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Dealey (US 2020/0375316 A1) in view of Dorjgurkhem (US 2019/0313738 A1).
Regarding claim 1, Dealey discloses an upper (upper 102; fig. 1; para. 0013; claim 10) for an article of footwear (footwear 100; fig. 1; para. 0013), the upper comprising:
a knitted component (knitted component 122; fig. 1; para. 0013) that has a first surface (exterior surface 130, 146; figs. 1-5; para. 0030) with at least one course of knitted loops formed on a first needle bed (figs. 1, 4; para. 0030) and a second surface (an inner surface 148; figs. 1-5; para. 0030) with the at least one course of knitted loops formed on a second needle bed (figs. 1, 4; para. 0030); and
a first expandable yarn (elastic cable 126, 126a; figs. 1-3; paras. 0018-0019, 0024, 0032) that has an uncompressed diameter (see fig. 4; para. 0032), being at least partially inlaid within a first course of the at least one course of knitted loops of the first surface (figs. 1-3; paras. 0022, 0028), the first expandable yarn having an inlaid portion (invisible; figs. 1-3; paras. 0022, 0025, 0028) that is positioned between the first surface and the second surface (figs. 1-4; paras. 0022, 0025, 0028);
wherein the first expandable yarn includes an exposed portion (first exposed portion 132; figs. 1-3; para. 0025) that protrudes outwardly from the first surface of the knitted component (figs. 1-3; paras. 0025-0026),
wherein knitted loops of the first surface and knitted loops of the second surface are positioned on opposing sides of the inlaid portion (the exterior surface 146 and the second surface 148 each include a plurality of single-jersey knit courses; figs. 1-4; paras. 0025, 0028, 0030-0031) and compress the inlaid portion to a first diameter (a compressed diameter 162; fig. 4; para. 0032) that is less than the uncompressed diameter (uncompressed diameter of the cable 126 is larger than a compressed diameter 162 of the cable 126; figs. 4-5; paras. 0031-0032), and
wherein the exposed portion of the first expandable yarn is located outside the knitted loops of the knitted component (the exposed portion is located outside the channel of the tube 144; figs. 1-4; paras. 0031-0032), such that knitted loops are not positioned on opposing sides of the exposed portion (see fig. 4; para. 0031) and the exposed portion is not compressed by knitted loops on opposing sides (see fig. 4; para. 0031), the exposed portion having a second diameter equal to the uncompressed diameter (fig. 4; para. 0032).
Dealey does not disclose the first expandable yarn being a multifilament polyester yarn texturized to loft and having the uncompressed diameter of at least about 1/16 inch. However, Dorjgurkhem, in an analogous art, teaches a knitted component for an article of footwear comprising a first expandable yarn (a cushioning yarn 28, 29 or 30, being compressible and expandable; fig. 1; paras. 0036, 0043) being a multifilament polyester yarn texturized to loft and having an uncompressed diameter of at least about 1/16 inch (para. 0036), the first expandable yarn being inlaid in the knitted component (fig. 1; para. 0036). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the first expandable yarn as disclosed by Dealey, with the first expandable yarn being a multifilament polyester yarn texturized to loft and having the uncompressed diameter of at least about 1/16 inch as taught by Dorjgurkhem, in order to use another suitable cushioning yarn to provide a desired level of cushioning protection to a wearer's foot when the knitted component is used in an article of footwear.
Dealey does not explicitly disclose the second diameter being measured at a midpoint between the ends of the exposed portion and being at least twice the first diameter. However, Dealey, in Figs. 4-5, depicts the diameter of the expandable portion of the first expandable yarn is substantially uniform in a length direction. In addition, Dealey does disclose the second diameter being at least about 50% larger than the first diameter (para. 0032). Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would be a multifilament polyester yarn texturized to loft as being used in the instant application, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain the second diameter being measured at a midpoint between the ends of the exposed portion and being at least twice the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Regarding claim 2, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1, and Dealey further discloses wherein the first expandable yarn extends through a throat area of the upper (figs. 1-3), and wherein the exposed portion is positioned in the throat area such that it imparts cushioning between a fastening element and a user's foot (figs. 1-3; paras. 0026, 0032).
Regarding claim 3, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1, and Dealey further discloses wherein the first expandable yarn (cable 126, 126a; figs. 1-3) comprises a plurality of inlaid portions and a plurality of exposed portions arranged along a length of the first expandable yarn (figs. 1-4; para. 0028), each inlaid portion extending between two of the exposed portions (figs. 1-4; para. 0028), and wherein, for each inlaid portion, knitted loops of the first surface and knitted loops of the second surface define a tubular knit construction (tube 144; figs. 4-5; paras. 0029-0030) having a channel (channel 152; figs. 4-5; para. 0032) that is bounded on opposing sides by the knitted loops of the first surface and the knitted loops of the second surface (figs. 4-5; paras. 0030-0032) and that extends between the two exposed portions (figs. 4-5; paras. 0030-0032), the inlaid portion extending through the channel (figs. 4-5; para. 0030-0032).
Regarding claim 4, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1, and Dealey further discloses wherein the first surface (exterior surface 130; figs. 1-3) is an exterior surface of the upper (figs. 1-3; para. 0030).
Regarding claim 5, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1, and Dealey further discloses wherein the exposed portion of the first expandable yarn forms a protruding cushioning element on the exterior surface (figs. 1-3; paras. 0026, 0032).
Regarding claim 7, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1, and Dealey further discloses wherein the at least one course of knitted loops of the first surface and the at least one course of knitted loops of the second surface apply compressive forces to the first expandable yarn that restrict radial expansion of the first expandable yarn (fig. 4; para. 0032).
Dealey does not disclose wherein the first expandable yarn has a linear density of 3500 denier or 5500 denier, wherein the uncompressed diameter is at least about 1/8 inch, and wherein the second diameter is at least three times the first diameter. However, Dorjgurkhem teaches wherein the first expandable yarn has a linear density of 3500 denier or 5500 denier (para. 0036), wherein the uncompressed diameter is at least about 1/8 inch (para. 0036). Therefore, by combination of Dealey and Dorjgurkhem, the first expandable yarn would have a linear density of 3500 denier or 5500 denier, wherein the uncompressed diameter is at least about 1/8 inch. Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would the claimed multifilament polyester yarn texturized to loft, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain wherein the second diameter is at least three times the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Regarding claim 8, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1, and Dealey further discloses wherein a degree of restriction on the inlaid portion of the first expandable yarn is determined by a stitch density of the knitted component (inherent feature).
Dealey does not disclose wherein the uncompressed diameter is at least about 1/4 inch, and wherein the second diameter is at least five times the first diameter. However, Dorjgurkhem teaches wherein the uncompressed diameter is at least about 1/4 inch (para. 0036). Therefore, by combination of Dealey and Dorjgurkhem, the uncompressed diameter would be at least about 1/4 inch. Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would the claimed multifilament polyester yarn texturized to loft, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain wherein the second diameter is at least five times the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Regarding claim 9, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1, and Dealey further discloses the upper further comprising:
a second expandable yarn (elastic cable 126b, 126c or another; figs. 1, 3; paras. 0018-0019, 0024, 0032) being at least partially inlaid within a second course of the at least one course of knitted loops of the first surface of the knitted component (figs. 1, 3; paras. 0022, 0028), the second course being parallel and adjacent to the first course (figs. 1, 3; paras. 0022, 0028),
wherein the second expandable yarn has an inlaid portion (invisible; figs. 1-4; paras. 0022, 0025, 0028) that is between the first surface and the second surface of the knitted component (figs. 1-4; paras. 0022, 0025, 0028), and
wherein the second expandable yarn includes an exposed portion (second exposed portion 134, 136 or another; figs. 1-3; para. 0025) that protrudes outwardly from the first surface of the knitted component (figs. 1-3; paras. 0025-0026).
Regarding claim 10, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 9, and Dealey further discloses wherein the exposed portion of the first expandable yarn is longitudinally staggered relative to the exposed portion of the second expandable yarn (see fig. 3).
Regarding claim 11, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 9, and Dealey further discloses wherein the first expandable yarn (elastic cable 126, 126a; figs. 1-3) has a plurality of first exposed portions that protrude outwardly from the first surface (figs. 1-3; paras. 0025-0026), wherein the second expandable yarn (elastic cable 126, 126b; figs. 1-3) has a plurality of second exposed portions that protrude outwardly from the first surface (figs. 1-3; paras. 0025-0026), and wherein the plurality of first exposed portions are offset relative to the plurality of second exposed portions in a direction perpendicular to a coursewise direction (see figs. 2-3).
Regarding claim 12, Dealey discloses a knitted component (knitted component 122; fig. 1; para. 0013), comprising:
a first set of knitted loops forming a first surface (exterior surface 130; figs. 1-3; para. 0030) and a second set of knitted loops forming a second surface (an inner surface; figs. 1-4; para. 0030), the first and second sets of knitted loops being intermeshed to define a double-layered knitted structure (figs. 1, 4; paras. 0025, 0030);
a first expandable yarn (elastic cable 126, 126a; figs. 1-3; paras. 0018-0019, 0024, 0032) being at least partially inlaid within the double-layered knitted structure (figs. 1-3; paras. 0022, 0028); and
wherein the first expandable yarn includes an inlaid portion (invisible; figs. 1-4; paras. 0022, 0025, 0028) that is positioned between the first set of knitted loops and the second set of knitted loops of the knitted component (figs. 1-4; paras. 0022, 0025, 0028, 0030),
wherein the first expandable yarn includes a first exposed portion (first exposed portion 132; figs. 1-3; para. 0025) that protrudes outwardly from the first surface of the knitted component (figs. 1-3; paras. 0025-0026),
wherein the first set of knitted loops and the second set of knitted loops are positioned on opposing sides of the inlaid portion (the exterior surface 146 and the second surface 148 each include a plurality of single-jersey knit courses; figs. 1-4; paras. 0025, 0028, 0030-0031) and compress the inlaid portion to a first diameter (a compressed diameter 162; fig. 4; para. 0032) that is less than the uncompressed diameter (uncompressed diameter of the cable 126 is larger than a compressed diameter 162 of the cable 126; figs. 4-5; paras. 0031-0032), and
wherein the first exposed portion of the first expandable yarn is located outside the knitted loops of the knitted component (the exposed portion is located outside the channel of the tube 144; figs. 1-4; paras. 0031-0032), such that knitted loops are not positioned on opposing sides of the first exposed portion (see fig. 4; para. 0031) and the first exposed portion is not compressed by knitted loops on opposing sides (see fig. 4; para. 0031), the first exposed portion having a second diameter equal to the uncompressed diameter (fig. 4; para. 0032).
Dealey does not disclose the first expandable yarn being a multifilament polyester yarn texturized to loft and having the uncompressed diameter of at least about 1/16 inch. However, Dorjgurkhem, in an analogous art, teaches a knitted component for an article of footwear comprising a first expandable yarn (a cushioning yarn 28, 29 or 30, being compressible and expandable; fig. 1; paras. 0036, 0043) being a multifilament polyester yarn texturized to loft and having an uncompressed diameter of at least about 1/16 inch (para. 0036), the first expandable yarn being inlaid in the knitted component (fig. 1; para. 0036). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the first expandable yarn as disclosed by Dealey, with the first expandable yarn being a multifilament polyester yarn texturized to loft and having the uncompressed diameter of at least about 1/16 inch as taught by Dorjgurkhem, in order to use another suitable cushioning yarn to provide a desired level of cushioning protection to a wearer's foot when the knitted component is used in an article of footwear.
Dealey does not explicitly disclose the second diameter being measured at a midpoint between the ends of the exposed portion and being at least twice the first diameter. However, Dealey, in Figs. 4-5, depicts the diameter of the expandable portion of the first expandable yarn is substantially uniform in a length direction. In addition, Dealey does disclose the second diameter being at least about 50% larger than the first diameter (para. 0032). Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would be a multifilament polyester yarn texturized to loft as being used in the instant application, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain the second diameter being measured at a midpoint between the ends of the exposed portion and being at least twice the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Regarding claim 13, Dealey discloses the knitted component of claim 12, and further discloses wherein the first expandable yarn (cable 126, 126a; figs. 1-3) comprises a plurality of inlaid portions and a plurality of exposed portions arranged along a length of the first expandable yarn (figs. 1-3), each inlaid portion extending between two of the exposed portions (figs. 1-4; para. 0028), and wherein, for each inlaid portion, the first set of knitted loops and the second set of knitted loops define a tubular knit construction (tube 144; figs. 4-5; paras. 0029-0030) having a channel (channel 152; figs. 4-5; para. 0032) that is bounded on opposing sides by the first set of knitted loops and the second set of knitted loops (figs. 4-5; paras. 0030-0032) and that extends between the two exposed portions (figs. 4-5; paras. 0030-0032), the inlaid portion extending through the channel (figs. 4-5; paras. 0030-0032).
Dealey does not disclose wherein the first expandable yarn has a linear density of 3500 denier or 5500 denier, wherein the uncompressed diameter is at least about 1/8 inch, and wherein the second diameter is at least three times the first diameter. However, Dorjgurkhem teaches wherein the first expandable yarn has a linear density of 3500 denier or 5500 denier (para. 0036), wherein the uncompressed diameter is at least about 1/8 inch (para. 0036). Therefore, by combination of Dealey and Dorjgurkhem, the first expandable yarn would have a linear density of 3500 denier or 5500 denier, wherein the uncompressed diameter is at least about 1/8 inch. Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would the claimed multifilament polyester yarn texturized to loft, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain wherein the second diameter is at least three times the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Regarding claim 14, Dealey and Dorjgurkhem, in combination, disclose the knitted component of claim 12, and Dealey further discloses the knitted component further comprising:
a second expandable yarn (elastic cable 126, 126b, 126c or another; figs. 1-3; paras. 0018-0019, 0024, 0032) being at least partially inlaid between the first set of knitted loops and the second set of knitted loops (figs. 1-3; paras. 0022, 0028), the second expandable yarn being parallel to the first expandable yarn (figs. 1-3; paras. 0022, 0028),
wherein the second expandable yarn has an inlaid portion (invisible; figs. 1-4; paras. 0022, 0025, 0028) that is positioned between the first surface and the second surface of the knitted component (figs. 1-4; paras. 0022, 0025, 0028), and
wherein the second expandable yarn includes an exposed portion (second exposed portion 134, 136 or another; figs. 1-3; para. 0025) that protrudes outwardly from the first surface of the knitted component (figs. 1-3; paras. 0025-0026).
Regarding claim 15, Dealey and Dorjgurkhem, in combination, disclose the knitted component of claim 14, and Dealey further discloses wherein the second set of knitted loops of the second surface restrict radial expansion of an inlaid portion of the second expandable yarn (figs. 1-4; paras. 0026, 0032).
Regarding claim 16, Dealey and Dorjgurkhem, in combination, disclose the knitted component of claim 12, and Dealey further discloses wherein the first exposed portion expands radially outward from the first surface to form a protruding structure (figs. 1-3; paras. 0025-0026).
Dealey does not disclose wherein the uncompressed diameter is at least about 1/4 inch, and wherein the second diameter is at least five times the first diameter. However, Dorjgurkhem teaches wherein the uncompressed diameter is at least about 1/4 inch (para. 0036). Therefore, by combination of Dealey and Dorjgurkhem, the uncompressed diameter would be at least about 1/4 inch. Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would the claimed multifilament polyester yarn texturized to loft, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain wherein the second diameter is at least five times the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Regarding claim 17, Dealey and Dorjgurkhem, in combination, disclose the knitted component of claim 12, and Dealey further discloses wherein the first expandable yarn (elastic cable 126, 126a; figs. 1-3) includes a second exposed portion that protrudes outwardly from the second surface of the knitted component (figs. 1-3; paras. 0025-0026).
Regarding claim 18, Dealey and Dorjgurkhem, in combination, disclose the knitted component of claim 12, and Dealey further discloses wherein the knitted component at least partially forms an article of apparel (footwear 100; fig. 1; para. 0013).
Regarding claim 21, Dealey discloses an article of footwear (footwear 100; fig. 1; para. 0013) comprising:
a sole (sole 104; fig. 1; para. 0013);
an upper (upper 102; fig. 1; para. 0013) secured to the sole (fig. 1; para. 0013), the upper being at least partially formed by a knitted component (knitted component 122; figs. 1-3; paras. 0013-0015);
a first set of knitted loops of the knitted component formed on a first needle bed (figs. 1, 4; para. 0030) and a second set of knitted loops of the knitted component formed on a second needle bed (figs. 1, 4; para. 0030), the first and second sets of knitted loops being intermeshed to define a double-jersey knitted structure having a first surface and a second surface (exterior surface 130 and interior surface; figs. 1, 4; paras. 0025, 0030); and
a first expandable yarn (elastic cable 126, 126a; figs. 1-3; paras. 0018-0019, 0024, 0032) being at least partially inlaid within a first course of the first set of knitted loops (figs. 1-3; paras. 0022, 0028);
wherein the first expandable yarn includes an inlaid portion (invisible; figs. 1-3; paras. 0022, 0025, 0028) that is positioned between the first set of knitted loops and the second set of knitted loops (figs. 1-4; paras. 0022, 0025, 0028, 0030) and a first exposed portion (first exposed portion 132; figs. 1-3; para. 0025) that protrudes outwardly from the first surface of the knitted component (figs. 1-3; paras. 0025-0026),
wherein the first set of knitted loops and the second set of knitted loops are positioned on opposing sides of the inlaid portion (the exterior surface 146 and the second surface 148 each include a plurality of single-jersey knit courses; figs. 1-4; paras. 0025, 0028, 0030-0031) and compress the inlaid portion to a first diameter (a compressed diameter 162; fig. 4; para. 0032) that is less than the uncompressed diameter (uncompressed diameter of the cable 126 is larger than a compressed diameter 162 of the cable 126; figs. 4-5; paras. 0031-0032), and
wherein the first exposed portion of the first expandable yarn is located outside the knitted loops of the knitted component (the exposed portion is located outside the channel of the tube 144; figs. 1-4; paras. 0031-0032), such that knitted loops are not positioned on opposing sides of the first exposed portion (see fig. 4; para. 0031) and the first exposed portion is not compressed by knitted loops on opposing sides (see fig. 4; para. 0031), the first exposed portion having a second diameter equal to the uncompressed diameter (fig. 4; para. 0032).
Dealey does not disclose the first expandable yarn being texturized to loft and having an uncompressed diameter of at least about 1/16 inch when unrestricted by knitted loops of the knitted component. However, Dorjgurkhem, in an analogous art, teaches a knitted component for an article of footwear comprising a first expandable yarn (a cushioning yarn 28, 29 or 30, being compressible and expandable; fig. 1; paras. 0036, 0043) being a multifilament polyester yarn texturized to loft and having an uncompressed diameter of at least about 1/16 inch (para. 0036), the first expandable yarn being inlaid in the knitted component (fig. 1; para. 0036). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the first expandable yarn as disclosed by Dealey, with the first expandable yarn being a multifilament polyester yarn texturized to loft and having the uncompressed diameter of at least about 1/16 inch when unrestricted by knitted loops of the knitted component as taught by Dorjgurkhem, in order to use another suitable cushioning yarn to provide a desired level of cushioning protection to a wearer's foot when the knitted component is used in an article of footwear.
Dealey does not explicitly disclose the second diameter being measured at a midpoint between the ends of the exposed portion and being at least twice the first diameter. However, Dealey, in Figs. 4-5, depicts the diameter of the expandable portion of the first expandable yarn is substantially uniform in a length direction. In addition, Dealey does disclose the second diameter being at least about 50% larger than the first diameter (para. 0032). Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would be a multifilament polyester yarn texturized to loft as being used in the instant application, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain the second diameter being measured at a midpoint between the ends of the exposed portion and being at least twice the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Regarding claim 22, Dealey and Dorjgurkhem, in combination, disclose the article of footwear of claim 21, and Dealey further discloses wherein the first expandable yarn includes a second exposed portion (adjoining the inlaid portion; see figs. 1 and annotated fig. 3; para. 0025) that protrudes outwardly from the first surface of the knitted component (see figs. 1 and annotated fig. 3), wherein the inlaid portion extends between the first exposed portion and the second exposed portion (see figs. 1 and annotated fig. 3), wherein the first set of knitted loops and the second set of knitted loops define a tubular knit construction (tube 144; figs. 4-5; paras. 0029-0030) having a channel (channel 152; figs. 4-5; para. 0032) that is bounded on opposing sides by the first set of knitted loops and the second set of knitted loops (figs. 4-5; paras. 0030-0032) and that extends between the first exposed portion and the second exposed portion (figs. 4-5; paras. 0030-0032), the inlaid portion extending through the channel (figs. 4-5; paras. 0030-0032).
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Annotated Fig. 3 from US 2020/0375316 A1
Dealey does not disclose wherein the first expandable yarn has a linear density of 3500 denier or 5500 denier, wherein the uncompressed diameter is at least about 1/8 inch, and wherein the second diameter is at least three times the first diameter. However, Dorjgurkhem teaches wherein the first expandable yarn has a linear density of 3500 denier or 5500 denier (para. 0036), wherein the uncompressed diameter is at least about 1/8 inch (para. 0036). Therefore, by combination of Dealey and Dorjgurkhem, the first expandable yarn would have a linear density of 3500 denier or 5500 denier, wherein the uncompressed diameter is at least about 1/8 inch. Further, by combination of Dealey with Dorjgurkhem, the first expandable yarn would the claimed multifilament polyester yarn texturized to loft, thus would have the claimed second diameter and be capable of being compressed to have the first diameter as claimed. Therefore, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention, to have varied the compression level to the inlaid portion by various approaches, such as varying a stitch density and a size of the channel 152, as disclosed by Dealey, to obtain wherein the second diameter is at least three times the first diameter. Such a configuration is within the level of one of ordinary skill in the art.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Dealey and Dorjgurkhem in view of Cox (US 2019/0226128 A1).
Regarding claim 6, Dealey and Dorjgurkhem, in combination, disclose the upper of claim 1. Dealey does not explicitly disclose wherein the first surface is an interior surface of the upper, and wherein the exposed portion of the first expandable yarn is located on the interior surface such that it protrudes into a void of the article of footwear. However, one of ordinary skill of the art would recognize that it has been a common practice to wind an inlaid yarn back and forth through a knitted textile with exposed portions of the inlaid yarn exposed at two surfaces. Further, Cox teaches wherein the first surface is an interior surface of the upper (high tenacity yarn 158 is exposed at both exterior and interior layers 146, 150; fig. 6; para. 0035), and wherein the exposed portion of the first expandable yarn is located on the interior surface such that it extends into a void of the article of footwear (fig. 6; para. 0035). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the first expandable yarn as disclosed by Dealey, with wherein the first surface is an interior surface of the upper, and wherein the exposed portion of the first expandable yarn is located on the interior surface such that it protrudes into a void of the article of footwear as taught by Cox, in order to provide a suitable and simple inlaid configuration of the first expandable yarn in the knitted component. Due to the same reason as discussed for claim 1, by combination of Dealey and Cox, the exposed portion of the first expandable yarn would protrude from the first surface into the void of the article of footwear.
Response to Arguments
Applicant's arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
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