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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/20/2026 has been entered.
Response to Amendment
Applicant’s amendment of 01/20/2026 is acknowledged.
Claims 1-7, 9-16, and 18-22 are presented, of which claims dependent claims 21-22 are newly presented.
Claims 1 and 11 are presented in independent form and are amended.
Claims 6-7 and 15-16 remain withdrawn.
The present Office action treats claims 1-5, 9-14, and 18-22 on the merits.
The present Office action is a non-final rejection.
Response to Arguments
Applicant’s REMARKS of 01/20/2026 are fully considered.
Regarding Rejections Under 35 U.S.C. § 103 and New Claims (see p. 5-8 of the reply): Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 5, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hemmi, US 2008/0217816, newly cited] in view of [Huang, US 2018/0319048, previously cited] and [Glanville, US 511,942, newly cited].
Regarding claim 1:
Hemmi discloses (Fig. 6):
A plate (the “sole plate” of Fig. 6; no specific numeral provided therefor; elements thereof identified hereinbelow) for an article of footwear (para 1), the plate comprising:
a first film member 7; a second film member 1 attached (via at least 6; Fig. 6c) to the first film member to define an interior void (the void between 7 and 1; Fig. 6c) between the first film member and the second film member, the first film member and the second film member cooperating to form a first rib (see annotated Fig. 6 – a below) and a second rib (see annotated Fig. 6 – a below) each extending along a longitudinal axis of the plate (15 fills the space between first and second ribs as explained in para 40 and shown in Fig. 6c, and 15 extends longitudinally (Fig. 6c) such that each rib extends along a longitudinal axis) within an interior region of a midfoot region of the plate (see annotated Fig. 6 – a below), the first rib and the second rib defining a spine (see annotated Fig. 6 – a below) disposed between the first rib and the second rib and along the longitudinal axis of the plate (in the same manner that the ribs extend along the longitudinal axis);
a cushioning member 6 disposed within and filling the interior void (Fig. 6c; para 40)
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Hemmi Fig. 6 does not expressly disclose the cushioning member is disposed within and completely filling the interior void.
In Fig. 6, the cushioning member 6 is absent at the “depression 4...left as a void” (para 40). However and in further view of Hemmi, Hemmi para 40 teaches “In the sole plate illustrated in FIG. 6, the depression 4 is left as a void, it may be filled with a soft material having softness greater than that of the cushioning layer 6”. Hemmi as embodied in para 32 teaches the depression is “formed in a position corresponding to a long plantar ligament region of the foot sole” (para 32).
It 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 to have modified the plate of Hemmi Fig. 6 such that it is provided with yet another cushioning member, softer than cushioning member 6, within the void at depression 4, and such that the combined cushioning member 6 and said yet another cushioning member entirely fill the interior void between first and second film members, in order to yield the predictable result of a plate that is configured to provide cushioning, shock absorption, and/or rebound at the portions of the plate that include the combined cushioning member 6 and said yet another cushioning member including the portion of the plate that is configured to underlie the long plantar ligament region of the wearer’s foot.
In adopting the modification, the modified Hemmi therefore comprises a modified cushioning member consisting of both cushioning member 6 and also said yet another cushioning member at 4.
Hemmi does not expressly disclose the modified cushioning member (i.e. that which is comprising both cushioning member 6 and also said yet another cushioning member at 4) is a foam member.
Huang teaches “thermoplastic polyurethane (TPU) foam material” is “widely used in making insole...of shoes because of their superior cushion, shock-absorbing, heat insulation, moistureproof, chemical resistant properties...TPU” is “also nontoxic and non-water absorbing, which is quite environment friendly” (para 3).
It 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 to have modified the modified cushioning member (i.e. that which is comprising both cushioning member 6 and also said yet another cushioning member at 4) is a thermoplastic polyurethane foam cushioning member (i.e. both cushioning member 6 being a thermoplastic polyurethane foam cushioning member and also said yet another cushioning member at 4 being yet another thermoplastic polyurethane foam cushioning member such that the combined elements (i.e. the modified element 6 of Hammi and the modified element at 4 of Hemmi) are a thermoplastic polyurethane foam cushioning member, in order to provide superior cushioning, shock-absorbing, heat insulation, moistureproof, and/or chemical resistant properties; and/or to render the cushioning member nontoxic, non-water absorbing and/or environmentally friendly, as suggested by Huang (para 3).
Hemmi does not expressly disclose a plurality of parallel grooves extending in a direction transverse to the longitudinal axis of the plate in a forefoot region of the plate.
Glanville teaches (Figs. 1-2) a plate A for footwear (line 43) wherein a plurality of parallel (Fig. 1) grooves (“transverse cuts or slits”; line 30; Figs. 1-2) are extending in a direction transverse to a longitudinal axis of the plate (“transverse...across”; lines 30-31; Figs. 1-2) in a forefoot region of the plate (“portion...that comes underneath the ball or forward portion of the foot”; lines 32-33; Figs. 1-2).
Glanville further teaches the plurality of parallel grooves provide “flexibility to the shoe sole” (lines 60-61).
It 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 to have modified the modified Hemmi such that it is provided with a plurality of parallel grooves extending in a direction transverse to the longitudinal axis of the plate in a forefoot region of the plate in order to provide flexibility to the plate in the forefoot region, as suggested by Glanville (lines 60-61).
Regarding claim 5:
Hemmi in view of Huang and Glanville teach The plate of Claim 1, as set forth above.
The modified Hemmi further meets the limitation wherein the first film member is attached to a first side of the foam member and the second film member is attached to a second side of the foam member, the second side being disposed on an opposite side of the foam member than the first side (Fig. 6 of Hemmi, wherein it is noted that Hemmi is modified so as to comprise the “foam member” of claim 1 such that the foam member of the modified Hemmi is arranged between first film member 7 and second film member 1 in the same way that 6 and 4 are arranged between first film member 7 and second film member 1 in Fig. 6 of Hemmi).
Regarding claim 9:
Hemmi in view of Huang and Glanville teach The plate of Claim 1, as set forth above.
The modified Hemmi further meets the limitation wherein the foam member extends into the first rib within the interior void (Fig. 6 of Hemmi, wherein it is noted that Hemmi is modified so as to comprise the “foam member” of claim 1 such that the foam member of the modified Hemmi is arranged between first film member 7 and second film member 1 and extending into the first rib (identified in above treatment of claim 1) in the same way that 6 arranged between first film member 7 and second film member 1 and is extending into the first rib in annotated Fig. 6 – a presented in above treatment of claim 1).
Regarding claim 10:
Hemmi in view of Huang and Glanville teach The plate of Claim 1, as set forth above.
The modified Hemmi further meets the limitation A sole structure (i.e. the plate) for an article of footwear (para 1) incorporating the plate of Claim 1 (see above treatment of claim 1).
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hemmi, US 2008/0217816], [Huang, US 2018/0319048] and [Glanville, US 511,942] as applied to claim 1 above, and further in view of [Gross, US 2013/0180023, newly cited].
Regarding claim 2:
Hemmi in view of Huang and Glanville teach The plate of Claim 1, as set forth above.
Hemmi does not expressly disclose wherein at least one of the first film member and the second film member is formed from thermoplastic polyurethane (TPU).
In further view of Huang:
In Huang, the second film member 1 is formed from a thermoplastic material (“made of thermoplastic resin”; para 48).
Gross teaches a plate (the “insole” of Figs. 1-4) for footwear (Title) wherein a film member 12 underlies a foam layer 18 (para 22; Figs. 2 and 4) and is formed from a thermoplastic material which is a thermoplastic polyurethane material: “The bottom layer, because of its shape retention properties, is preferably an elastomer with high recovery properties and very high physical properties. Plastic or thermoplastic urethane (TPU) has a combination of properties, including process properties relative to thermoforming that work well with the above-described process and product, such as excellent “hot strength” and a very short “forming window.” These two properties are important because it allows the insole to be demolded quickly and stretched over mold features and undercuts during demolding. It then snaps back to the formed shape with no ill effects. This feature dramatically reduces mold costs ...TPU...has an optimum combination of process and physical properties as well as a relatively low cost” (para 30); “materials such as TPU have tremendous hot strength” (para 39).
It 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 to have modified the modified Huang such that its second film member 1 is a thermoplastic polyurethane film member in order to provide shape retention to the second film member, to provide excellent hot strength and/or a short forming window during thermoforming of the second film member (i.e. the heating and pressing as described in Huang paras 12-17, 31-33, 37), and/or to render the second film member and/or plate economical, as suggested by Gross (paras 30 and 39).
Regarding claim 3:
Hemmi in view of Huang, Glanville, and Gross teach The plate of Claim 2, as set forth above.
The modified Hemmi further meets the limitation wherein the foam member is formed from TPU (see above treatment of claim 1 where the limitation is addressed).
Regarding claim 4:
Hemmi in view of Huang and Glanville teach The plate of Claim 1, as set forth above.
Hemmi does not expressly disclose wherein at least two of the first film member, the second film member, and the foam member are formed from the same material.
In further view of Huang:
In Huang, the second film member 1 is formed from a thermoplastic material (“made of thermoplastic resin”; para 48).
As applied in the modification above taught by Huang: the foam member is formed from a thermoplastic polyurethane.
Gross teaches a plate (the “insole” of Figs. 1-4) for footwear (Title) wherein a film member 12 underlies a foam layer 18 (para 22; Figs. 2 and 4) and is formed from a thermoplastic material which is a thermoplastic polyurethane material: “The bottom layer, because of its shape retention properties, is preferably an elastomer with high recovery properties and very high physical properties. Plastic or thermoplastic urethane (TPU) has a combination of properties, including process properties relative to thermoforming that work well with the above-described process and product, such as excellent “hot strength” and a very short “forming window.” These two properties are important because it allows the insole to be demolded quickly and stretched over mold features and undercuts during demolding. It then snaps back to the formed shape with no ill effects. This feature dramatically reduces mold costs ...TPU...has an optimum combination of process and physical properties as well as a relatively low cost” (para 30); “materials such as TPU have tremendous hot strength” (para 39).
It 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 to have modified the modified Huang such that its second film member 1 is a thermoplastic polyurethane film member in order to provide shape retention to the second film member, to provide excellent hot strength and/or a short forming window during thermoforming of the second film member (i.e. the heating and pressing as described in Huang paras 12-17, 31-33, 37), and/or to render the second film member and/or plate economical, as suggested by Gross (paras 30 and 39).
In adopting the modification, the limitation “wherein at least two of the first film member, the second film member, and the foam member are formed from the same material” would be met insofar as both foam member and second film member are formed from thermoplastic polyurethane (see above).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hemmi, US 2008/0217816], [Huang, US 2018/0319048] and [Glanville, US 511,942] as applied to claim 1 above, and further in view of [Peoples, US 2005/0066545, newly cited].
Regarding claim 21:
Hemmi in view of Huang and Glanville teach The plate of Claim 1, as set forth above.
The modified Hemmi does not meet the limitation wherein the foam member is formed from a rigid structural foam.
Peoples teaches a plate 10 for footwear (Abstract, title) wherein a foam member 10 is formed of a rigid structural foam: “insert pad is formed of a rigid foam material that is resilient enough to have a substantially useful life, while also providing ample support to a wearer even to saving wear and tear on his shoes” (para 25). Peoples is directed to a “problem with many of these products is that they lose their resilience early on and cease to offer effective resistance to impact” further wherein a prior art “polymer foamed shoe sole...function[s] as a means for cushioning or absorbing the forces of impact” (paras 11-12).
It 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 to have modified the modified Hemmi such that the foam member is formed from a rigid structural foam in order to provide a combination of resiliency and support and/or to prolong the useful life of the foam member, as suggested by Peoples (para 25).
Claim(s) 11-14 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hemmi, US 2008/0217816, newly cited] in view of [Huang, US 2018/0319048, previously cited], [Gross, US 2013/0180023, newly cited] and [Glanville, US 511,942, newly cited].
Regarding claim 11:
Hemmi discloses (Fig. 6):
A plate (the “sole plate” of Fig. 6; no specific numeral provided therefor; elements thereof identified hereinbelow) for an article of footwear (para 1), the plate comprising:
a first film member 7;
a second film member 1 attached (via at least 6; Fig. 6c) to the first film member to define an interior void (the void between 7 and 1; Fig. 6c) between the first film member and the second film member, the first film member and the second film member cooperating to form a first rib (see annotated Fig. 6 – a presented in above treatment of claim 1) and a second rib (see annotated Fig. 6 – a presented in above treatment of claim 1) each extending along a longitudinal axis of the plate (15 fills the space between first and second ribs as explained in para 40 and shown in Fig. 6c, and 15 extends longitudinally (Fig. 6c) such that each rib extends along a longitudinal axis) within an interior region of a midfoot region of the plate (see annotated Fig. 6 – a presented in above treatment of claim 1), the first rib and the second rib defining a spine (see annotated Fig. 6 – a presented in above treatment of claim 1) disposed between the first rib and the second rib and along the longitudinal axis of the plate (in the same manner that the ribs extend along the longitudinal axis);
a cushioning member 6 disposed within the interior void (Fig. 6c; para 40); and
Hemmi does not the cushioning member is a foam member.
Huang teaches “thermoplastic polyurethane (TPU) foam material” is “widely used in making insole...of shoes because of their superior cushion, shock-absorbing, heat insulation, moistureproof, chemical resistant properties...TPU” is “also nontoxic and non-water absorbing, which is quite environment friendly” (para 3).
It 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 to have modified the plate of Hemmi such that its cushioning member 6 is a thermoplastic polyurethane foam cushioning member in order to provide superior cushioning, shock-absorbing, heat insulation, moistureproof, and/or chemical resistant properties; and/or to render the cushioning member nontoxic, non-water absorbing and/or environmentally friendly, as suggested by Huang (para 3).
Huang does not expressly disclose the foam member being formed from the same material as at least one of the first film member and the second film member.
In further view of Huang:
In Huang, the second film member 1 is formed from a thermoplastic material (“made of thermoplastic resin”; para 48).
As applied in the modification above taught by Huang: the foam member is formed from a thermoplastic polyurethane.
Gross teaches a plate (the “insole” of Figs. 1-4) for footwear (Title) wherein a film member 12 underlies a foam layer 18 (para 22; Figs. 2 and 4) and is formed from a thermoplastic material which is a thermoplastic polyurethane material: “The bottom layer, because of its shape retention properties, is preferably an elastomer with high recovery properties and very high physical properties. Plastic or thermoplastic urethane (TPU) has a combination of properties, including process properties relative to thermoforming that work well with the above-described process and product, such as excellent “hot strength” and a very short “forming window.” These two properties are important because it allows the insole to be demolded quickly and stretched over mold features and undercuts during demolding. It then snaps back to the formed shape with no ill effects. This feature dramatically reduces mold costs ...TPU...has an optimum combination of process and physical properties as well as a relatively low cost” (para 30); “materials such as TPU have tremendous hot strength” (para 39).
It 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 to have modified the modified Huang such that its second film member 1 is a thermoplastic polyurethane film member in order to provide shape retention to the second film member, to provide excellent hot strength and/or a short forming window during thermoforming of the second film member (i.e. the heating and pressing as described in Huang paras 12-17, 31-33, 37), and/or to render the second film member and/or plate economical, as suggested by Gross (paras 30 and 39).
In adopting the modification, the limitation “the foam member being formed from the same material as at least one of the first film member and the second film member” would be met insofar as both foam member and second film member are formed from thermoplastic polyurethane (see above).
Hemmi does not expressly disclose a plurality of parallel grooves extending in a direction transverse to the longitudinal axis of the plate in a forefoot region of the plate.
Glanville teaches (Figs. 1-2) a plate A for footwear (line 43) wherein a plurality of parallel (Fig. 1) grooves (“transverse cuts or slits”; line 30; Figs. 1-2) are extending in a direction transverse to a longitudinal axis of the plate (“transverse...across”; lines 30-31; Figs. 1-2) in a forefoot region of the plate (“portion...that comes underneath the ball or forward portion of the foot”; lines 32-33; Figs. 1-2).
Glanville further teaches the plurality of parallel grooves provide “flexibility to the shoe sole” (lines 60-61).
It 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 to have modified the modified Hemmi such that it is provided with a plurality of parallel grooves extending in a direction transverse to the longitudinal axis of the plate in a forefoot region of the plate in order to provide flexibility to the plate in the forefoot region, as suggested by Glanville (lines 60-61).
Regarding claim 12:
Hemmi in view of Huang, Gross, and Glanville teach The plate of Claim 11, as set forth above.
The modified Hemmi further meets the limitation wherein at least one of the first film member and the second film member is formed from thermoplastic polyurethane (TPU) (refer to above treatment of claim 11 where second film member is formed from thermoplastic polyurethane).
Regarding claim 13:
Hemmi in view of Huang, Gross, and Glanville teach The plate of Claim 12, as set forth above.
The modified Hemmi further meets the limitation wherein the foam member is formed from TPU (refer to above treatment of claim 11 where foam member is formed from thermoplastic polyurethane).
Regarding claim 14:
Hemmi in view of Huang, Gross, and Glanville teach The plate of Claim 11, as set forth above.
The modified Hemmi further meets the limitation wherein the first film member is attached to a first side of the foam member and the second film member is attached to a second side of the foam member, the second side being disposed on an opposite side of the foam member than the first side. (Fig. 6 of Hemmi, wherein it is noted that Hemmi is modified so as to comprise the “foam member” of claim 11 such that the foam member of the modified Hemmi is arranged between first film member 7 and second film member 1 in the same way that 6 is arranged between first film member 7 and second film member 1 in Fig. 6 of Hemmi).
Regarding claim 18:
Hemmi in view of Huang, Gross, and Glanville teach The plate of Claim 11, as set forth above.
The modified Hemmi further meets the limitation wherein the foam member extends into the first rib within the interior void (Fig. 6 of Hemmi, wherein it is noted that Hemmi is modified so as to comprise the “foam member” of claim 11 such that the foam member of the modified Hemmi is arranged between first film member 7 and second film member 1 and extending into the first rib (identified in above treatment of claim 1) in the same way that 6 arranged between first film member 7 and second film member 1 and is extending into the first rib in annotated Fig. 6 – a presented in above treatment of claim 1).
Regarding claim 19:
Hemmi in view of Huang, Gross, and Glanville teach The plate of Claim 11, as set forth above.
The modified Hemmi further meets the limitation A sole structure (i.e. the plate) for an article of footwear (para 1) incorporating the plate of Claim 11 (see above treatment of claim 11).
Regarding claim 20:
Hemmi in view of Huang, Gross, and Glanville teach The plate of Claim 11, as set forth above.
The modified Hemmi as applied to claim 11 does not meet the limitation An article of footwear incorporating the plate of Claim 11.
However and in further view of Hemmi, Hemmi teaches: “The present invention can be applied to production of a sole plate for use as a shoe sole or a shoe insole, and a sole plate to be used by attaching onto or placing on a surface of a clog or sandal” (para 49).
It 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 to have modified the modified Hemmi such that it is attached onto or placed on a surface of a clog or sandal so as to yield an An article of footwear incorporating the plate of Claim 11 in order to yield the predictable result of an article of footwear whose sole plate is configured to underlie the foot of a wearer and wherein an upper of the article of footwear is configured to retain the article of footwear and its sole plate around an a portion of the wearer’s foot above his foot sole.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hemmi, US 2008/0217816, newly cited], [Huang, US 2018/0319048, previously cited], [Gross, US 2013/0180023, newly cited] and [Glanville, US 511,942, newly cited] as applied to claim 11 above, and in further view of [Peoples, US 2005/0066545, newly cited].
Regarding claim 22:
Hemmi in view of Huang, Gross, and Glanville teach The plate of Claim 11, as set forth above.
The modified Hemmi does not meet the limitation wherein the foam member is formed from a rigid structural foam.
Peoples teaches a plate 10 for footwear (Abstract, title) wherein a foam member 10 is formed of a rigid structural foam: “insert pad is formed of a rigid foam material that is resilient enough to have a substantially useful life, while also providing ample support to a wearer even to saving wear and tear on his shoes” (para 25). Peoples is directed to a “problem with many of these products is that they lose their resilience early on and cease to offer effective resistance to impact” further wherein a prior art “polymer foamed shoe sole...function[s] as a means for cushioning or absorbing the forces of impact” (paras 11-12).
It 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 to have modified the modified Hemmi such that the foam member is formed from a rigid structural foam in order to provide a combination of resiliency and support and/or to prolong the useful life of the foam member, as suggested by Peoples (para 25).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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