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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/26/2026 has been entered.
Claims 1-18 and 21-22 are pending in this 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 Any rejection(s) and/or objection(s) made in the previous Office Action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 03/26/2026.
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). Correction of the following is required:
In claim 1, there is no antecedent basis in the specification for "wherein the inlaid portion of the first expandable yarn is radially constrained by the at least one course of knitted loops of the first surface";
In claim 12, there is no antecedent basis in the specification for "wherein the inlaid portion of the first expandable yarn is radially constrained by the first set of knitted loops and the second set of knitted loops"
Claim Objections
Claim 15 is objected to because of the following informalities:
In claim 15, lines 1-2, "second set" appears to read "the second set".
Appropriate correction is required.
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.
Claim 1 recites the limitation "wherein the inlaid portion of the first expandable yarn is radially constrained by the at least one course of knitted loops of the first surface". It is unclear what is being referred to by "radially constrained". The claim has previously set forth the inlaid portion being positioned between the first surface and the second surface. Per the Cambridge Dictionary, the term "radially" is defined as "in a way that spreads out from a central point". It is unclear how the inlaid portion of the first expandable yarn is configured between the first surface and the second surface to be considered as "radially constrained". Therefore, the metes and bounds of the claim are unclear and cannot be ascertained. For examination purposes, the limitation has been construed to be wherein the inlaid portion of the first expandable yarn is constrained by the at least one course of knitted loops of the first surface.
Claim 12 recites the limitation "a first set of knitted loops forming a first surface and a second set of knitted loops forming a second surface, the first and second sets of knitted loops being intermeshed to define a multi-layered knitted structure", which renders the claim indefinite. As the first and second sets of knitted loops being intermeshed, the knitted component does not include an intermediate layer between the first surface and the second surface. Therefore, the knitted component is a double-layered knitted structure. However, the term "multi-layered" encompasses the scope of three or more layers which would conflict with "the first and second sets of knitted loops being intermeshed". For examination purposes, the examiner has interpreted the first and second sets of knitted loops being intermeshed to define a double-layered knitted structure.
Claim 12 recites the limitation "wherein the inlaid portion of the first expandable yarn is radially constrained by the first set of knitted loops and the second set of knitted loops". It is unclear what is being referred to by "radially constrained". The claim has previously set forth the inlaid portion being positioned between the first surface and the second surface. Per the Cambridge Dictionary, the term "radially" is defined as "in a way that spreads out from a central point". It is unclear how the inlaid portion of the first expandable yarn is configured between the first surface and the second surface to be considered as "radially constrained". Therefore, the metes and bounds of the claim are unclear and cannot be ascertained. For examination purposes, the limitation has been construed to be wherein the inlaid portion of the first expandable yarn is constrained by the at least one course of knitted loops of the first surface.
Claim 21 recites an article of footwear comprising a sole, a first set of knitted loops and a second set of knitted loops, and a first expandable yarn. It is unclear where the first set of knitted loops, the second set of knitted loops and and the first expandable yarn are located. In the sole? In an upper? In a lace? In an ornament? In any other structure? Therefore, the metes and bounds of the claim are unclear and cannot be ascertained.
Claim 22 is indefinite as recites "[t]he knitted component of claim 21", while claim 21 recites "[a]n article of footwear".
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 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.
Claims 1-5, 7-18 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dealey (US 2020/0375316 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; figs. 1-3; 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; figs. 1-4; 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) 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. 1-4; 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 the inlaid portion of the first expandable yarn is radially constrained by 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 (figs. 1-4; paras. 0026, 0032) such that expansion of the first expandable yarn is restricted within the inlaid portion (figs. 1-4; para. 0032), and
wherein the exposed portion of the first expandable yarn is radially unrestrained by the knitted loops (figs. 1-4; paras. 0026, 0032) such that the exposed portion has a greater cross-sectional dimension than the inlaid portion (fig. 4; para. 0032).
Regarding claim 2, Dealey discloses the upper of claim 1, and 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 discloses the upper of claim 1, and further discloses wherein the first expandable yarn (cable 126, 126a; figs. 1-3) comprises a plurality of inlaid portions separated by a plurality of exposed portions along a length of the first expandable yarn (figs. 1-3).
Regarding claim 4, Dealey discloses the upper of claim 1, and 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 discloses the upper of claim 4, and 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 discloses the upper of claim 1, and 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).
Regarding claim 8, Dealey discloses the upper of claim 1, and 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).
Regarding claim 9, Dealey discloses the upper of claim 1, and further discloses the upper 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 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 discloses the upper of claim 9, wherein the exposed portion of the first expandable yarn is longitudinally staggered relative to the exposed portion of the second expandable yarn (see figs. 2-3).
Regarding claim 11, Dealey discloses the upper of claim 9, and 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 multi-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 multi-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 inlaid portion of the first expandable yarn is radially constrained by the first set of knitted loops and the second set of knitted loops (figs. 1-4; paras. 0026, 0032) such that expansion of the first expandable yarn is restricted at the inlaid portion (figs. 1-4; para. 0032), and
wherein the first exposed portion of the first expandable yarn is radially unrestrained by the first set of knitted loops and the second set of knitted loops (figs. 1-4; paras. 0026, 0032) such that the first exposed portion has a greater cross-sectional dimension than the inlaid portion (fig. 4; para. 0032).
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 separated by a plurality of exposed portions along a length of the first expandable yarn (figs. 1-3).
Regarding claim 14, Dealey discloses the knitted component of claim 12, and 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 within 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 discloses the knitted component of claim 14, and further discloses wherein 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 discloses the knitted component of claim 12, and 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).
Regarding claim 17, Dealey discloses the knitted component of claim 12, and 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 discloses the knitted component of claim 12, and 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);
a first set of knitted loops formed on a first needle bed (figs. 1, 4; para. 0030) and a second set of knitted loops 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. 1-4; 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),
wherein the first expandable yarn includes a first exposed portion (first exposed portion 132; figs. 1-3; para. 0025) that is exposed on the first surface of the knitted component (figs. 1-3; paras. 0025-0026), and
wherein the inlaid portion of the first expandable yarn has a first diameter (a compressed diameter 162; fig. 4; para. 0032), and the first exposed portion of the first expandable yarn has a second diameter (a default diameter; fig. 4; para. 0032) that is larger than the first diameter (para. 0032).
Regarding claim 22, Dealey discloses the knitted component of claim 21, and further discloses wherein the second diameter is at least 50% larger than the first diameter (para. 0032).
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 1-18 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Machado (US 2017/0370027 A1) in view of Cox (US 2019/0226128 A1).
Regarding claim 1, Machado discloses an upper (upper 102; figs. 2-4; para. 0029) for an article of footwear (shoe 100; figs. 2-4; para. 0029), the upper comprising:
a knitted component (a knitted component formed of a multilayer or double-layer knit; paras. 0021, 0033-0034) that has a first surface (inherent feature) with at least one course of knitted loops (inherent feature; paras. 0034, 0037) and a second surface (inherent feature) with the at least one course of knitted loops (inherent feature; paras. 0034, 0037);
a first expandable yarn (a first bulking yarn; para. 0084) being at least partially inlaid within a first course of the at least one course of knitted loops (introduced into the knitted component using inlaid stitching; paras. 0037, 0084), the first expandable yarn having an inlaid portion that is positioned between the first surface and the second surface (the inlaid bulking yarn must have an inlaid portion positioned between the first surface and the second surface per the meaning of the term "inlaid"); and
wherein the inlaid portion of the first expandable yarn is radially constrained by 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 such that expansion of the first expandable yarn is restricted within the inlaid portion (as the inlaid portion positioned between the first surface and the second surface).
As to the limitations "formed on a first needle bed" and "formed on a first needle bed", each of the limitations is deemed a product-by-process limitation in the claim, and determination of patentability is based on the product itself, not on its method of production. If the product in the product-by-process limitation is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113, I. In this case, a first surface and a second surface of a multilayer knitted component of Machado meet the claimed structure requirement.
Machado does not disclose wherein the first expandable yarn includes an exposed portion that protrudes outwardly from the first surface of the knitted component, and wherein the exposed portion of the first expandable yarn is radially unrestrained by the knitted loops such that the exposed portion has a greater cross-sectional dimension than the inlaid portion. 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, in an analogous art, teaches a shoe upper (upper 82; fig. 6; para. 0033) comprising a knitted component (knitted component 10, 86; figs. 1, 6; paras. 0020, 0033), the knitted component has a first surface (exterior layer 22, 146; figs 1, 6; paras. 0022, 0035) with at least one course of knitted loops formed on a first needle bed (figs. 1, 6; paras. 0021, 0035) and a second surface (interior layer 18, 150; figs. 1, 6; paras. 0023, 0035) with the at least one course of knitted loops formed on a second needle bed (figs. 1, 6; paras. 0021, 0035); a first inlaid yarn (a first high tenacity yarn 158; see fig. 1 and annotated fig. 6; paras. 0025, 0035) being at least partially inlaid within a first course of the at least one course of knitted loops of the first surface (figs. 1, 6; paras. 0025, 0035), the first inlaid yarn having an inlaid portion (an invisible portion; figs. 1, 3A-3B, 6; paras. 0025-0026, 0035) that is positioned between the first surface and the second surface (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035); and wherein the first inlaid yarn includes an exposed portion (a visible portion; figs. 1, 3A-3B, 6; paras. 0025-0026, 0035) that exposes on the first surface of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035), wherein the exposed portion of the first inlaid yarn is radially unrestrained by the knitted loops (as being exposed; figs. 1, 3A-3B, 6).
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Annotated Fig. 6 from US 2019/0226128 A1
Both Machado and Cox teach a shoe upper comprising a knitted component comprising a configuration of an inlaid yarn inlaid through a multi-layer knit using inlaid stitching between a first surface and a second surface. 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 Machado, with wherein the first expandable yarn, which is inlaid between the first surface and the second surface, includes an exposed portion that exposes on the first surface of the knitted component as taught by Cox, in order to provide a suitable and simple inlaid configuration of the first expandable yarn in the knitted component which has been commonly used in the knitting area.
Further, Machado discloses that the first expandable yarn is introduced into the knitted component using an inlaid stitching between a fusible yarn and a non-fusible yarn (para. 0084), wherein the first expandable yarn expands upon heating after knitting (paras. 0061, 0083-0084, 0111), increasing loft and creating "pillow" structures in a lengthwise direction of the first inlaid expandable yarn (paras. 0061, 0084, 0111), while simultaneously fusing the fusible yarn to create rigid edges of the "pillow" structures (paras. 0061, 0111). One of ordinary skill of the art would recognize that a "pillow" structure has a central portion thicker than peripheral edges and the thicker central portion protrudes from the peripheral edges of the "pillow structure". In addition, one of ordinary skill of the art would recognize that, as the exposed portion of the first expandable yarn is free of space restriction and the inlaid portion of the first expandable yarn is radially restricted between the at least partially fused yarn and the non-fusible yarn (para. 0084), the exposed portion of the first expandable yarn would expand more than the inlaid portion of the first expandable yarn, so as to form a central portion of the "pillow" structure (para. 0061) which protrudes outwardly toward an outer free space from the first surface of the knitted component; thus, the exposed portion has a greater cross-sectional dimension than the inlaid portion. 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 recognized that the configuration of the first expandable yarn in the modified upper meets the claimed structure requirement.
Regarding claim 2, Machado and Cox, in combination, disclose the upper of claim 1, and Machado further discloses wherein the first expandable yarn extends through a throat area of the upper (the knitted component is a support structure forming all of upper 102; and the support structure, including the throat area, is divided into pods or pillows comprising the first bulking yarn; paras. 0033, 0055, 0061), 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 (providing cushioning under the laces; fig. 2; paras. 0031, 0061, 0084).
Regarding claim 3, Machado and Cox, in combination, disclose the upper of claim 1. Machado does not disclose wherein the first expandable yarn comprises a plurality of inlaid portions separated by a plurality of exposed portions along a length of the first expandable yarn. However, Cox teaches wherein the first yarn comprises a plurality of inlaid portions separated by a plurality of exposed portions along a length of the first yarn (figs. 1, 6). 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 upper as disclosed by Machado, with wherein the first expandable yarn comprises a plurality of inlaid portions separated by a plurality of exposed portions along a length of the first expandable yarn as taught by Cox, in order to provide a suitable and simple inlaid configuration of the first expandable yarn in the knitted component which has been commonly used in the knitting area.
Regarding claim 4, Machado and Cox, in combination, disclose the upper of claim 1. Machado does not explicitly disclose wherein the first surface is an exterior surface of the upper. However, Cox teaches wherein the first surface is an exterior surface of the upper (exterior layer; fig. 6). 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 upper as disclosed by Machado, with wherein the first surface is an exterior surface of the upper as taught by Cox, in order to provide a suitable and simple inlaid configuration of the first expandable yarn in the knitted component.
Regarding claim 5, Machado and Cox, in combination, disclose the upper of claim 4. By combination of Machado and Cox, the exposed portion of the first expandable yarn would form a protruding cushioning element on the exterior surface.
Regarding claim 6, Machado and Cox, in combination, disclose the upper of claim 1. Machado does not 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, 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 upper as disclosed by Machado, 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 Machado and Cox, the exposed portion of the first expandable yarn would protrude from the first surface into the void of the article of footwear.
Regarding claim 7, Machado and Cox, in combination, disclose the upper of claim 1, and Machado 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 (as the inlaid portions of the first expandable yarn are positioned between the first and second surfaces).
Regarding claim 8, Machado and Cox, in combination, disclose the upper of claim 1, and Machado 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 (as a stitch density of the knitted component directly influences how tightly the inlaid portion is held in place within the knitted component).
Regarding claim 9, Machado and Cox, in combination, disclose the upper of claim 1. Machado does not explicitly disclose the upper further comprising: a second expandable yarn 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, the second course being parallel and adjacent to the first course, wherein the second expandable yarn has an inlaid portion that is between the first surface and the second surface of the knitted component, and wherein the second expandable yarn includes an exposed portion that protrudes outwardly from the first surface of the knitted component. However, Cox teaches the upper further comprising: a second inlaid yarn (see annotated fig. 6; paras. 0035-0036) 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 (in exterior 146; fig. 6; paras. 0035-0036), the second course being parallel and adjacent to the first course (see annotated fig. 6; paras. 0035-0036), wherein the second inlaid yarn has an inlaid portion (an invisible portion) that is between the first surface and the second surface of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035-0036), and wherein the second inlaid yarn includes an exposed portion (a visible portion) that exposes on the first surface of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035-0036). 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 configured the upper as disclosed by Machado, with the upper further comprising: a second expandable yarn 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, the second course being parallel and adjacent to the first course, wherein the second expandable yarn has an inlaid portion that is between the first surface and the second surface of the knitted component, and wherein the second expandable yarn includes an exposed portion that exposes on the first surface of the knitted component as taught by Cox, in order to use an easy approach to provide a shoe upper with a desired area with the cushioning feature. Due to a similar reason as discussed for an exposed portion of the first expandable yarn in claim 1, by combination of Machado and Cox, the exposed portion of the second expandable yarn would protrude outwardly from the first surface of the knitted component.
Regarding claim 10, Machado and Cox, in combination, disclose the upper of claim 9. Machado does not disclose wherein the exposed portion of the first expandable yarn is longitudinally staggered relative to the exposed portion of the second expandable yarn. However, Cox teaches wherein the exposed portion of the first expandable yarn is longitudinally staggered relative to the exposed portion of the second expandable yarn (see annotated fig. 6). 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 upper as disclosed by Machado, with wherein the exposed portion of the first expandable yarn is longitudinally staggered relative to the exposed portion of the second expandable yarn as taught by Cox, in order to use a suitable configuration to provide multiple expandable yarns inlaid in the upper at different locations. Such a configuration is within the level of one of ordinary skill of the art.
Regarding claim 11, Machado and Cox, in combination, disclose the upper of claim 9. Machado does not disclose wherein the first expandable yarn has a plurality of first exposed portions that protrude outwardly from the first surface, wherein the second expandable yarn has a plurality of second exposed portions that protrude outwardly from the first surface, 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. However, Cox teaches wherein the first inlaid yarn has a plurality of first exposed portions that expose on the first surface (see annotated fig. 6), wherein the second expandable yarn has a plurality of second exposed portions that expose on the first surface (see annotated fig. 6), 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 annotated fig. 6). Due to a similar reason as discussed for an exposed portion of the first expandable yarn in claim 9, by combination of Machado and Cox, the first and second exposed portions of the first and second expandable yarns would protrude outwardly from the first surface of the knitted component.
Regarding claim 12, Machado discloses a knitted component (a knitted component formed of a double-layer knit; paras. 0021, 0033-0034), comprising:
a first set of knitted loops forming a first surface and a second set of knitted loops forming a second surface (inherent feature of a double-layer knit; paras. 0034, 0037), the first and second sets of knitted loops being intermeshed to define a multi-layered knitted structure (inherent feature of a double-layer knit; paras. 0034, 0037);
a first expandable yarn (a first bulking yarn; para. 0084) being at least partially inlaid within the multi-layered knitted structure (introduced into the knitted component using inlaid stitching; paras. 0037, 0084);
wherein the first expandable yarn includes an inlaid portion (the inlaid bulking yarn must have an inlaid portion), and
wherein the inlaid portion of the first expandable yarn is radially constrained by the first set of knitted loops and the second set of knitted loops such that expansion of the first expandable yarn is restricted at the inlaid portion (as the inlaid portion positioned between the first surface and the second surface).
Machado does not disclose wherein the inlaid portion of the first expandable yarn is positioned between the first set of knitted loops and the second set of knitted loops of the knitted component, wherein the first expandable yarn includes a first exposed portion that protrudes outwardly from the first surface of the knitted component, and wherein the first exposed portion of the first expandable yarn is radially unrestrained by the first set of knitted loops and the second set of knitted loops such that the first exposed portion has a greater cross-sectional dimension than the inlaid portion. 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 double-knit textile with inlaid portions constrained between two layers and exposed portions protruding outwardly. Further, Cox, in an analogous art, teaches a shoe upper (upper 82; fig. 6; para. 0033) comprising a double-layer knitted component (knitted component 10, 86; figs. 1, 6; paras. 0020-0021, 0033), the knitted component comprising a first set of knitted loops forming a first surface (exterior layer 22, 146; figs 1, 6; paras. 0022, 0035) and a second set of knitted loops forming a second surface (interior layer 18, 150; figs. 1, 6; paras. 0023, 0035), the first and second sets of knitted loops being intermeshed to define a double-layer knitted structure (inherent feature of a double-layer knit), a first inlaid yarn (a first high tenacity yarn 158; see fig. 1 and annotated fig. 6; paras. 0025, 0035) being at least partially inlaid within the double-layer knitted structure (figs. 1, 6; paras. 0025, 0035); and wherein the first inlaid yarn includes an inlaid portion (an invisible portion; figs. 1, 3A-3B, 6; paras. 0025-0026, 0035) that is positioned between the first set of knitted loops and the second set of knitted loops of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035), wherein the first inlaid yarn includes a first exposed portion (a visible portion; figs. 1, 3A-3B, 6; paras. 0025-0026, 0035) that exposes on the first surface of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035), and wherein the first exposed portion of the first inlaid yarn is radially unrestrained by the first set of knitted loops and the second set of knitted loops (as being exposed; figs. 1, 3A-3B, 6). Both Machado and Cox teach a shoe upper comprising a knitted component, the knitted component comprising a configuration of at least one inlaid yarn inlaid through a double-layer knit between a first surface and a second surface. 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 knitted component as disclosed by Machado, with wherein the inlaid portion of the first expandable yarn is positioned between the first set of knitted loops and the second set of knitted loops of the knitted component, wherein the first expandable yarn includes a first exposed portion that exposes on the first surface of the knitted component, and wherein the first exposed portion of the first expandable yarn is radially unrestrained by the first set of knitted loops and the second set of knitted loops as taught by Cox, in order to provide a suitable and simple inlaid configuration of the first expandable yarn in the knitted component which has been commonly used in the knitting area.
Further, Machado discloses that the first expandable yarn is introduced into the knitted component using an inlaid stitching between a fusible yarn and a non-fusible yarn (para. 0084), wherein the first expandable yarn expands upon heating after knitting (paras. 0061, 0083-0084, 0111), increasing loft and creating "pillow" structures in a lengthwise direction of the first inlaid expandable yarn (paras. 0061, 0084, 0111), while simultaneously fusing the fusible yarn to create rigid edges of the "pillow" structures (paras. 0061, 0111). One of ordinary skill of the art would recognize that a "pillow" structure has a central portion thicker than peripheral edges and the thicker central portion protrudes from the peripheral edges of the "pillow structure". In addition, one of ordinary skill of the art would recognize that, as the exposed portion of the first expandable yarn is free of space restriction and the inlaid portion of the first expandable yarn is radially restricted between the at least partially fused yarn and the non-fusible yarn (para. 0084), the exposed portion of the first expandable yarn would expand more than the inlaid portion of the first expandable yarn, so as to form a central portion of the "pillow" structure (para. 0061) which protrudes outwardly toward an outer free space from the first surface of the knitted component; thus, the exposed portion has a greater cross-sectional dimension than the inlaid portion. 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 recognized that the configuration of the first expandable yarn in the modified upper meets the claimed structure requirement.
Regarding claim 13, Machado and Cox, in combination, disclose the knitted component of claim 12. Machado does not disclose wherein the first expandable yarn comprises a plurality of inlaid portions separated by a plurality of exposed portions along a length of the first expandable yarn. However, Cox teaches wherein the first yarn comprises a plurality of inlaid portions (invisible portions; figs. 1, 6) separated by a plurality of exposed portions (visible portions; figs. 1, 6) along a length of the first yarn (figs. 1, 6). 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 knitted component as disclosed by Machado, with wherein the first expandable yarn comprises a plurality of inlaid portions separated by a plurality of exposed portions along a length of the first expandable yarn as taught by Cox, in order to provide a suitable and simple inlaid configuration of the first expandable yarn in the knitted component which has been commonly used in the knitting area.
Regarding claim 14, Machado and Cox, in combination, disclose the knitted component of claim 12. Machado does not explicitly disclose the knitted component further comprising: a second expandable yarn being at least partially inlaid within between the first set of knitted loops and the second set of knitted loops, the second expandable yarn being parallel to the first expandable yarn, wherein the second expandable yarn has an inlaid portion that is positioned between the first surface and the second surface of the knitted component, and wherein the second expandable yarn includes an exposed portion that protrudes outwardly from the first surface of the knitted component. However, Cox teaches the knitted component further comprising: a second inlaid yarn (see annotated fig. 6; paras. 0035-0036) being at least partially inlaid between the first set of knitted loops and the second set of knitted loops (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035), the second course being parallel and adjacent to the first course (see annotated fig. 6; paras. 0035-0036), wherein the second inlaid yarn has an inlaid portion (an invisible portion) that is between the first surface and the second surface of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035-0036), and wherein the second inlaid yarn includes an exposed portion (a visible portion) that exposes on the first surface of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035-0036). 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 configured the knitted component as disclosed by Machado, with the knitted component further comprising: a second expandable yarn being at least partially inlaid between the first set of knitted loops and the second set of knitted loops, the second course being parallel and adjacent to the first course, wherein the second expandable yarn has an inlaid portion that is between the first surface and the second surface of the knitted component, and wherein the second expandable yarn includes an exposed portion that exposes on the first surface of the knitted component as taught by Cox, in order to use an easy approach to provide a shoe upper with a desired area with the cushioning feature. Due to a similar reason as discussed for an exposed portion of the first expandable yarn in claim 12, by combination of Machado and Cox, the exposed portion of the second expandable yarn would protrude outwardly from the first surface of the knitted component.
Regarding claim 15, Machado and Cox, in combination, disclose the knitted component of claim 14, and Machado further discloses wherein second set of knitted loops of the second surface restrict radial expansion of an inlaid portion of the second expandable yarn (inherent feature of an inlaid portion).
Regarding claim 16, Machado and Cox, in combination, disclose the knitted component of claim 12. By combination of Machado and Cox, the first exposed portion would expand radially outward from the first surface to form a protruding structure.
Regarding claim 17, Machado and Cox, in combination, disclose the knitted component of claim 12. Machado does not disclose wherein the first expandable yarn includes a second exposed portion that protrudes outwardly from the second surface of the knitted component. However, Cox teaches wherein the first expandable yarn includes a second exposed portion that exposes on the second surface of the knitted component (interior layer 150 exposes portions of the inlaid yarn 158; 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 knitted component as disclosed by Machado, with wherein the first expandable yarn includes a second exposed portion that exposes on the second surface of the knitted component as taught by Cox, in order to provide the first expandable yarn to be exposed at both the first and second surfaces of the knitted component thereby providing enhanced cushion functions. Due to a similar reason as discussed for an exposed portion of the first expandable yarn in claim 12, by combination of Machado and Cox, the second exposed portion of the first expandable yarn would protrude outwardly from the second surface of the knitted component.
Regarding claim 18, Machado and Cox, in combination, disclose the knitted component of claim 12, and Machado further discloses wherein the knitted component at least partially forms an article of apparel (a shoe 100; figs. 2-4; para. 0029).
Regarding claim 21, Machado discloses an article of footwear (shoe 100; figs. 2-4; para. 0029) comprising:
a sole (sole structure 101; figs. 2-4; para. 0029);
a first set of knitted loops (a knitted component being a double-layer knit comprising a first layer comprising a first set of knitted loops; paras. 0021, 0033-0034) and a second set of knitted loops (the double-layer knit comprising a second layer comprising a second set of knitted loops; paras. 0021, 0033-0034), the first and second sets of knitted loops being intermeshed to define a double-knit structure having a first surface and a second surface (inherent feature of a double-layer knit; paras. 0034, 0037); and
a first expandable yarn (a first bulking yarn; para. 0084) being at least partially inlaid in the double-knit structure (as being inlaid in the double-layer knit; paras. 0037, 0084);
wherein the first expandable yarn includes an inlaid portion (the inlaid bulking yarn must have an inlaid portion), and
wherein the inlaid portion of the first expandable yarn has a first diameter (inherent feature).
As to the limitations "formed on a first needle bed" and "formed on a first needle bed", each of the limitations is deemed a product-by-process limitation in the claim, and determination of patentability is based on the product itself, not on its method of production. If the product in the product-by-process limitation is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113, I. In this case, a first surface and a second surface of the double-layer knitted component of Machado meet the claimed structure requirement.
Machado does not disclose wherein the double-knit structure is a double-jersey structure, a first expandable yarn being at least partially inlaid within a first course of the first set of knitted loops, the inlaid portion of the first expandable yarn is positioned between the first set of knitted loops and the second set of knitted loops, wherein the first expandable yarn includes a first exposed portion that is exposed on the first surface of the knitted component and the first exposed portion has a second diameter, and wherein the second diameter of the exposed portion is larger than the first diameter of the inlaid portion. 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, in an analogous art, teaches a shoe upper (upper 82; fig. 6; para. 0033) comprising a knitted component (knitted component 10, 86; figs. 1, 6; paras. 0020, 0033), the knitted component comprising a first set of knitted loops (exterior layer 22, 146; figs 1, 6; paras. 0021-0022, 0035) formed on a first needle bed (figs 1, 6; paras. 0021-0022, 0035) and a second set of knitted loops (in interior layer 18, 150; figs. 1, 6; paras. 0023, 0035) formed on a second needle bed (figs. 1, 6; paras. 0021, 0035), 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 (figs. 3A-3B; para. 0021), a first inlaid yarn (a first high tenacity yarn 158; see fig. 1 and annotated fig. 6; paras. 0025, 0035) being at least partially inlaid within a first course of the first set of knitted loops (figs. 1, 6; paras. 0025, 0035), the first inlaid yarn comprising an inlaid portion (an invisible portion; figs. 1, 3A-3B, 6; paras. 0025-0026, 0035) positioned between the first set of knitted loops and the second set of knitted loops (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035), wherein the first expandable yarn includes a first exposed portion (a visible portion; figs. 1, 3A-3B, 6; paras. 0025-0026, 0035) that is exposed on the first surface of the knitted component (figs. 1, 3A-3B, 6; paras. 0025-0026, 0035). Both Machado and Cox teach a shoe upper comprising a knitted component, the knitted component comprising a configuration of at least one inlaid yarn inlaid through a double-layer knit structure between a first surface and a second surface. 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 knitted component as disclosed by Machado, with wherein the double-knit structure is a double-jersey structure, a first expandable yarn being at least partially inlaid within a first course of the first set of knitted loops, the inlaid portion of the first expandable yarn is positioned between the first set of knitted loops and the second set of knitted loops, wherein the first expandable yarn includes a first exposed portion that is exposed on the first surface of the knitted component, as taught by Cox, in order to provide a suitable and simple inlaid configuration of the first expandable yarn in the knitted component which has been commonly used in the knitting area.
Further, Machado discloses that the first expandable yarn is introduced into the knitted component using an inlaid stitching between a fusible yarn and a non-fusible yarn (para. 0084), wherein the first expandable yarn expands upon heating after knitting (paras. 0061, 0083-0084, 0111), increasing loft and creating "pillow" structures in a lengthwise direction of the first inlaid expandable yarn (paras. 0061, 0084, 0111), while simultaneously fusing the fusible yarn to create rigid edges of the "pillow" structures (paras. 0061, 0111). One of ordinary skill of the art would recognize that a "pillow" structure has a central portion thicker than peripheral edges and the thicker central portion protrudes from the peripheral edges of the "pillow structure". In addition, one of ordinary skill of the art would recognize that, as the exposed portion of the first expandable yarn is free of space restriction and the inlaid portion of the first expandable yarn is radially restricted between the at least partially fused yarn and the non-fusible yarn (para. 0084), the exposed portion of the first expandable yarn would expand more than the inlaid portion of the first expandable yarn, so as to form a central portion of the "pillow" structure (para. 0061) which protrudes outwardly toward an outer free space from the first surface of the knitted component; thus, the second diameter of the exposed portion is larger than the first diameter of the inlaid portion. 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 recognized that the configuration of the first expandable yarn in the modified knitted component meets the claimed structure requirement.
Regarding claim 22, Machado and Cox, in combination, disclose the knitted component of claim 21, except for wherein the second diameter is at least 50% larger than the first diameter. However, Machado does disclose that the bulking yarn has been treated with increased loft including air spaces within the yarn before knitting (para. 0083) and is further treated with heat to increase loft still further (paras. 0084, 0111), and characteristics of the knitted component are accomplished by varying the tension of the knit structure (para. 0034). As such, Machado has disclosed the general conditions of the claimed invention. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the knitting tension on the first expandable yarn, to obtain desired thickness ratio of the exposed "pillow" portions to the inlaid portions of the first expandable yarn, and wherein the second diameter is at least 50% larger than the first diameter, since the claimed values are merely an optimum or workable range, and can be discovered by routine experimentation depending on the desired characteristics of a final product. 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. In re Aller, 105 USPQ 233. See MPEP 2144.05.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Dealey (US 2020/0375316 A1) in view of Cox (US 2019/0226128 A1).
Regarding claim 6, Dealey discloses 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. However, 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732
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