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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/2/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 9-11 & 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Segel (USPN 5,323,549) in view Twomey (US 2007/0130800).
Regarding Claim 1, Segel discloses an article of footwear (Figures 1 & 5) for a user, comprising: a front end (F, see annotated Figure 4 below); a rear end (R, see annotated Figure 4 below); a sole structure (52); an upper (54) attached to the sole structure, the upper defining a forefoot region (forefoot, see annotated Figure 4 below), a midfoot region (midfoot, see annotated Figure 4 below), and a heel region (heel, see annotated Figure 4 below) of the article of footwear, the upper and the sole structure together defining an interior cavity (Figures 4 & 5); and a strap system (10, Figure 1) engaged with the upper (Figure 5), the strap system comprising a strap (3 & 7) extending around the heel region (Figure 4) and configured to tighten portions of the upper in response to the user's foot directly engaging the strap system within the interior cavity in one of the forefoot region or the midfoot region (Figures 1-5, Col. 10, lines 1-20); wherein the strap system includes a stirrup region (2) that is moveable between a first position (Col. 8, lines 18-53) suspended within the interior cavity between the upper and the sole structure, and a second position (Figure 5, Col. 8, lines 18-53) adjacent the sole structure (Col. 8, lines 18-53). Segel does not specifically disclose a strap having a continuous length such that the strap is configured to loop around the heel region. However, Twomey discloses a strap system (10) including a strap (10) having a continuous length such that the strap is configured to loop around the heel region (Para. 6 m& 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to have a continuous strap, as taught by Twomey, to the footwear of Segel in order to provide further stability of the foot in the shoe by retaining the foot firmly. Therefore, as modified, the combination of Segel and Twomey disclose the strap forms a tightening region (any region of strap; since in operation strap will tighten dependent on movement) and wherein movement of the stirrup region from the first position to the second position tightens the tightening region around the heel region (in operation, strap will tighten in the heel when a force pushes stirrup down or forward, such as during foot insertion or during walking)
Regarding Claim 9, Segel discloses the strap comprises: a tightening region (Figures 2-4) positioned outside the interior cavity and coupled to the stirrup region (Figures 1-5), the tightening region engaged with the upper in order to cause the upper to tighten around the user's foot along the midfoot region and the heel region of the upper in response to movement of the stirrup region (Col. 8, line 54-Col. 9, line 68), and wherein the stirrup region comprises a loop that receives the user's foot as it is inserted into the article of footwear (Figure 5, Col. 10, lines 1-20).
Regarding Claim 10, Segel discloses the tightening region crosses over itself in the midfoot region and loops around the heel region (Figures 1-5).
Regarding Claim 11, Segel discloses the tightening region includes a crossing portion above the stirrup region (Figure 4), a heel portion adjacent the heel region (Figures 3-5), a lateral portion (3) that extends from the crossing portion to the heel portion along a lateral side of the upper (Figure 3), and a medial portion (7) that extends from the crossing portion to the heel portion along a medial side of the upper (Figure 2).
Regarding Claim 13, Segel discloses the tightening region is pulled toward the interior cavity when the loop moves from the first position to the second position, causing the upper to tighten around the user's foot (Figures 1-5, Col. 8, line 54-Col. 10, line 20).
Regarding Claim 14, Segal discloses the loop is positioned within the midfoot region (Figure 5).
Regarding Claim 15, Segal discloses the tightening region is positioned within the midfoot region and the heel region (Figures 2-5).
Regarding Claim 16, Segal discloses the strap is configured to tighten the portions of the upper within the midfoot region and the heel region in response to the user's foot engaging the strap system within the interior cavity (Figures 1-5, Col. 8, line 54-Col. 10, line 20).
Regarding Claim 17, Segal discloses the upper comprises a first aperture (64, 66 or 68) extending therethrough and a second aperture (another of 64, 66 or 68) extending therethrough, and wherein the strap extends from the interior cavity to outside of the interior cavity through the first aperture and the second aperture (Figures 2-5).
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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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/KATHARINE G KANE/Primary Examiner, Art Unit 3732