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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10, 14 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laporte (US 7,836,610).
With respect to claim 1, Laporte discloses an anti-slip footwear (the tractions/attachments 10, 100, 300, 400, etc., are particularly well suited to sports shoes such as running or basketball shoes) comprising:
a sole layer (outsole 12, 102, see figures 5a-b & 402, see figures 14a-14c) having an upper surface and a lower surface (see figures 5a &14c), wherein the lower surface includes one or more friction reducing elements (inasmuch as the claims define such and are understood, the grooves in the ground engaging surface of the outsole 102 & 402, that create a gap that is not in contact with the ground surface; the groove is made from a first material, see figures 5a-b; 14a-b, the frictional properties of the footwear may be changed without changing the footwear itself) having a first coefficient of friction [with a platform of an omnidirectional treadmill]; and
a rotatable traction portion (attachments 100, 300, 400, etc.; see figures 5a-b; 14a-16c, being moveable by lifting and rotating to expose different surfaces having different properties, see column 3, lines 20-33 and column 13, lines 40-48, for example) rotatably coupled to the lower surface of the sole layer (see figures 5a &14a-c), the rotatable traction portion having a first face (114, 414) and a second face (116, 416) opposite from the first face (first and second body surfaces have different ground engaging properties such as different material densities yielding different coefficients of friction, the first body surface can provide better traction in mud, snow or ice, for example, than the second body surface), wherein the first face includes one or more friction pads (plurality of protrusions 30, 118, 303, 430, etc.; extend from the first body surface 26, 114, 414 whereas the second body surface 28, 116, 416 is substantially planar (flat) each having a second coefficient of friction (the first body surface can provide better traction in mud, snow or ice, for example, than the second body surface) [with the platform of the omnidirectional treadmill] that is greater than the first coefficient of friction (the first body surface may include at least one protrusion for frictional engagement with a surface which may be an anti-skid cleat).
Claim language set in brackets set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of an anti-slip footwear with a rotatable traction, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the anti-slip footwear with a rotatable traction disclosed by Patent No. US 7,836,610, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
With respect to claim 2, Laporte discloses wherein the second coefficient of friction associated with the one or more friction pads (the first or second surface-engaging properties can be a frictional property of the surface. In this regard, the first body surface may include at least one protrusion for frictional engagement with a surface which may be an anti-skid cleat) is greater than a coefficient of friction associated with the lower surface of the sole layer (grooves on the bottom surface of the outsole create a gap that does not have contact with the ground surface).
With respect to claim 3, Laporte discloses wherein the rotatable traction portion is rotatable by lifting and rotating between a first position in which the first face is disposed adjacent to the lower surface of the sole layer and a second position in which the second face is disposed adjacent to the lower surface of the sole layer (as shown in figures 5a-b; 14a-15c, the body is symmetrical about two axes which allows the attachment 100 & 400 to be mounted to the outsole 102 & 402 with either body surface 114 &414; 116 & 416 exposed and in a left to right and in a right to left configuration, i.e. rotatable).
With respect to claim 4, Laporte discloses wherein: the one or more friction pads (protrusions) included on the first face of the rotatable traction portion are substantially coplanar with at least a portion of the lower surface of the sole layer (see figure 14c) when the rotatable traction portion is in the second position (body 408, and attaching and detaching portions of the attachments are integrally formed from a resiliently deformable material such as for example a polymeric material, for example rubber, polyurethane or neoprene; Both the first and second body surfaces 414, 416 are substantially planar in that they do not have any protrusions extending from them. These surfaces can be considered to be substantially flat, see figures 14a-16b).
With respect to claim 5, Laporte discloses wherein: The one or more friction pads (protrusions) included on the first face of the rotatable traction portion (100, 400, etc.) are substantially coplanar with at least a portion of the one or more friction reducing elements (groove on the bottom surface of the outsole, see figures 5a-b; 14a-c) included on the lower surface of the sole layer when the rotatable traction portion is in the second position (see figure 14c).
With respect to claim 6, Laporte discloses wherein the rotatable traction portion (100; 300, 400) includes a plurality of openings (120; 418, see figures 14a-15c) for receiving the one or more friction reducing elements (grooves) included on the lower surface of the sole layer when the rotatable traction portion is in the first position or the second position (see figures 5b, 6a).
With respect to claim 7, Laporte discloses wherein: the plurality of openings (120, 312, see figures 5a-b; 10; 12ab) are disposed on the rotatable traction portion (attachment 100, 300) such that the plurality of openings (120; 312) are parallel with the one or more friction reducing elements (grooves on the bottom surface of the outsole, see figures 6a, 9a) included on the lower surface of the sole layer (102); and each opening (120, 312) of the plurality of openings has a width that is greater than a width of the friction reducing elements (grooves) included on the lower surface of the sole layer.
With respect to claim 8, Laporte discloses wherein the one or more friction reducing elements (grooves) are [integrally formed] with the sole layer.
With respect to claim 9, Laporte discloses wherein the one or more friction reducing elements (grooves) included on the lower surface of the sole layer comprise a first set of rib (the elevation formed between the grooves) extending from the lower surface of the sole layer (see figures 5a-b 14a-c).
With respect to claim 10, Laporte discloses wherein the second face of the rotatable traction portion includes a second set of rib elements (ribbed portions, see figures 4a-c; to provide stability to the body of the rotatable traction portion and to maintain its shape, the body includes a bridging member extending across the body opening; The bridging member may include an opening formed therethrough) that are substantially coplanar with the first set of rib elements when the rotatable traction portion is in the first position.
With respect to claim 14, Laporte discloses wherein the rotatable traction portion is disposed proximate to a toe portion of the sole layer when the rotatable traction portion is in the first position (see figures 5a-b; 14a-c).
With respect to claim 18, Laporte discloses wherein: the one or more friction pads (protrusions) of the rotatable traction element are [configured to increase a friction force between the anti-slip footwear and an omnidirectional treadmill]; and at least a portion (grooves) of the sole layer is [configured to decrease a friction force between the anti-slip footwear and the omnidirectional treadmill] (grooves in the ground engaging surface of the outsole 102 & 402, that create a gap that is not in contact with the ground surface).
With respect to claim 19, Laporte discloses a second rotatable traction portion (100; 300; 400) rotatably coupled to the lower surface of the sole layer (the attachment can be mounted to a heel portion or a front portion of the outsole and differs only in size and shape according to its intended location, see figures 5a-b; 14a-c), wherein the rotatable traction portion is disposed proximate to a toe portion of the sole layer and the second rotatable traction portion is disposed proximate to a heel portion of the sole layer.
Claim(s) 1, 3, 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laporte (US 7,836,610).
With respect to claim 1, Laporte discloses an anti-slip footwear (1, see figure 1) comprising:
a sole layer (outsole 502, figures 17a-18c) having an upper surface and a lower surface, wherein the lower surface includes one or more friction reducing elements (inasmuch as the claims define such and are understood, the grooves in the ground engaging surface of the outsole 502 that create a gap that is not in contact with the ground surface, see figures 17a-b) having a first coefficient of friction [with a platform of an omnidirectional treadmill]; and
a rotatable traction portion (attachment 500, being moveable by lifting and rotating to expose different surfaces having different properties, see column 3, lines 20-33 and column 14, lines 49-56) rotatably coupled to the lower surface of the sole layer, the rotatable traction portion having a first face and a second face opposite from the first face (the attachment 500 comprises a body 504, an attaching portion 506 associated with the body and a detaching portion 508 associated with the body 504. The body 504 has first and second body surfaces 510, 512 and an opening 514 formed therethrough. Protrusions 516 extend from the first body surface 510), wherein the first face includes one or more friction pads (In FIG. 20(a) a protrusion can be provided with two teeth 702, 704, one 702 extending further than the other 704 from a body 706 of an attachment. FIGS. 20(b) and (c) illustrate further alternative shapes of protrusions which may be molded integral with the attachment body of an attachment) each having a second coefficient of friction [with the platform of the omnidirectional treadmill] that is greater than the first coefficient of friction (anti-slip protrusions 516 extend from the first body surface 510).
With respect to claim 3, Laporte discloses wherein the rotatable traction portion is rotatable between a first position in which the first face is disposed adjacent to the lower surface of the sole layer and a second position in which the second face is disposed adjacent to the lower surface of the sole layer (attachment 500, being moveable and flipped around to expose different surfaces having different properties, see column 3, lines 20-33 and column 14, lines 49-56).
With respect to claim 11, Laporte discloses wherein: a toe portion of the lower surface of the sole layer includes a fixed friction pad (most forward arc tread pattern in the forefoot area of the outsole, see figures 17a-b); and the one or more friction pads (protrusions) of the first face of the rotatable traction portion are substantially coplanar with the fixed friction pad of the sole layer when the rotatable traction portion is in the second position (see figures 17a-b).
With respect to claim 13, Laporte discloses wherein: the first face of the rotatable traction portion further includes one or more first hooks for latching engagement with a corresponding one or more first receptacles disposed on the lower surface of the sole layer; or the second face of the rotatable traction portion includes one or more second hooks for latching engagement with a corresponding one or more second receptacles disposed on the lower surface of the sole layer (the attachment is removed from the outsole by moving the arms 521 of a pair of arms 518, 520 towards each other and away from its mating opening. The moveable connection of the arm 521 to the body 504 may be by means of a spring and/or latch connection (not shown) such that the arm 521 is resiliently biased to the retracted position and moving it to the extended position locks it in this position. In this case, moving the arm 521 away from the other arm of its pair, and towards its mating opening, will release the latch to spring the arm 521 back into the retracted position. Each of the arms 521 are sequentially released from their corresponding openings in this way to release the attachment 500 from the outsole 502. In an alternative embodiment (not shown) the arms 521 may be arranged to clamp the attachment into position in the recess, instead of engaging with holes in the recess).
Claim(s) 1-4, 8 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Biancucci et al. US 7,269,916, herein after Biancucci).
With respect to claim 1, Biancucci discloses an anti-slip footwear (sole 6 for anti-slipping shoes of the type including foldaway anti-slipping elements 12) comprising:
a sole layer (soles for shoes to be used where the ground is particularly slippery, see figures 1-4) having an upper surface and a lower surface, wherein the lower surface includes one or more friction reducing elements (inasmuch as the claims define such and are understood, the groove or print 8 made of a first material that creates a gap that is not in contact with the ground surface) having a first coefficient of friction [with a platform of an omnidirectional treadmill]; and
a rotatable traction portion (rigid or semirigid supporting members 10) rotatably (rotating, pivoting, folding supporting members have two opposite faces to one of which such means to increase the adherence are secured) coupled to the lower surface of the sole layer, the rotatable traction portion (10) having a first face and a second face opposite from the first face (the user has only to perform simple actions of lifting, rotating, lowering supporting members 10 of nails 12 to pass from a smooth sole to be used in the interior to a hobnail sole for slippery surfaces), wherein the first face includes one or more friction pads (supporting members 10 carry a plurality of nails or areas of high-adherence material 12 which are preferably of semirigid plastic material; and/or a coating of high-adherence rubber material) each having a second coefficient of friction [with the platform of the omnidirectional treadmill] that is greater (high adherence material inherently has a higher coefficient of friction) than the first coefficient of friction.
Claim language set in brackets set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of an anti-slip footwear with a rotatable traction, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the anti-slip footwear with a rotatable traction disclosed by Patent No. US 7,836,610, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
With respect to claim 2, Biancucci discloses wherein the second coefficient of friction associated with the one or more friction pads (foldaway hooks 12 or areas of high-adherence rubber material) is greater than a coefficient of friction associated with the lower surface of the sole layer.
With respect to claim 3, Biancucci discloses wherein the rotatable traction portion is rotatable between a first position in which the first face is disposed adjacent to the lower surface of the sole layer and a second position in which the second face is disposed adjacent to the lower surface of the sole layer (the pivoting, folding supporting members have two opposite faces to one of which such means to increase the adherence are secured. In a first position, the position of use, the nails or the coating of rubber material protrude from the sole by as much as it is enough to guarantee the grip to the ground. In the second position, the rest position, the nails or the rubber coating are directed to the shoe sole and are housed within suitable recesses formed in corresponding positions in the bottom of the print receiving the supporting members so that the continuity of the shoe sole is restored without any protrusion).
With respect to claim 4, Biancucci discloses wherein: the one or more friction pads included on the first face of the rotatable traction portion are substantially coplanar with at least a portion of the lower surface of the sole layer when the rotatable traction portion is in the second position (the pivoting, folding supporting members have two opposite faces to one of which such means to increase the adherence are secured. In a first position, the position of use, the nails or the coating of rubber material protrude from the sole by as much as it is enough to guarantee the grip to the ground. In the second position, the rest position, the nails or the rubber coating are directed to the shoe sole and are housed within suitable recesses formed in corresponding positions in the bottom of the print receiving the supporting members so that the continuity of the shoe sole is restored without any protrusion).
With respect to claim 8, Biancucci discloses wherein the one or more friction reducing elements are [integrally formed] with the sole layer (the grooves 8 are integrally formed with the sole 6).
With respect to claim 15, Biancucci discloses the rotatable traction element is rotatable about an axis of rotation (hinge member 11) that is perpendicular to a longitudinal axis of the sole layer; and the longitudinal axis of the sole layer extends from the toe portion of the sole layer to a heel portion of the sole layer (supporting members 10 are hinged at one end of such symmetry axis about a hinge member 11 secured in a known manner to the shoe sole and having the rotation axis parallel thereto. In other words, the rotation to lift supporting means 10 is caused by such hinge member 11, while the 180.degree. folding rotation about its own symmetry axis occurs about pin P which connects such supporting means pivotably to the hinge member 11 that rotates with respect to sole 6).
Claim(s) 1, 3 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Comoli (US 8,256,144).
With respect to claim 1, Comoli discloses an anti-slip footwear comprising:
a sole layer (a footwear including sole with at least one turnable anti-slip device provided on the tread surface operatively facing towards the ground, see figure 1) having an upper surface and a lower surface, wherein the lower surface includes one or more friction reducing elements (inasmuch as the claims define such and are understood, the grooves obtained in the bottom surface of the outsole, which create a gap that does not contact the ground surface; see figures 1-5) having a first coefficient of friction [with a platform of an omnidirectional treadmill]; and
a rotatable traction portion (as shown in FIGS. 2 to 5, an anti-slip device 12 & 14 comprises a support element and an articulation structure. Preferably, the support element comprises a plate 16 and the articulation structure comprises a pair of curved rods 18) rotatably coupled to the lower surface of the sole layer, the rotatable traction portion (12 & 14) having a first face (the plate 16 has a first anti-slip side 16a (FIG. 5) which allows increasing friction (also defined as "grip") and a second face (the plate 16 has a second side 16b opposite to the first side 16a and without the anti-slip elements, see FIG. 2) opposite from the first face, wherein the first face includes one or more friction pads (plate 16 has a first anti-slip side 16a (FIG. 5) which allows increasing friction (also defined as "grip") exerted between the tread surface 11 and the ground when the user wearing the footwear including the sole 10 is walking) each having a second coefficient of friction [with the platform of the omnidirectional treadmill] that is greater (anti-slip material) than the first coefficient of friction.
With respect to claim 3, Comoli discloses wherein the rotatable traction portion is rotatable (the plate 16 rotates around the revolution axis Y-Y in two different operative states. In the first "inactivated" operative state it selectively has the antislip side 16a facing the tread surface 11 (FIG. 2). In the second "activated" operative state it selectively has the antislip side 16a facing the ground (FIG. 5)) between a first position in which the first face is disposed adjacent to the lower surface of the sole layer and a second position in which the second face is disposed adjacent to the lower surface of the sole layer.
With respect to claim 12, Comoli discloses wherein: the rotatable traction portion further includes one or more ferromagnetic materials; and the sole layer further includes one or more magnets for locking the rotatable traction portion in the first position or the second position (the sole 10 preferably comprises a return element adapted to counter the oscillation obtained by the antislip device 12 with respect to the oscillation axis X-X and oriented moving away with respect to the tread surface 11. In other words, the return element tends to withhold the plate 16 and the curved rods 18 within the furrows 22. Advantageously the return element comprises a magnet 26 applied to the tread surface 11 and suitable to exert an attraction force with respect to the antislip device 12. In this example, the magnet 26 is located between the furrows 22. Therefore, the attraction force is intended to operate on the plate 16 made of ferromagnetic material).
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) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Laporte in view of Bell et al. (US 8,250,779, herein after Bell).
Laporte as described above discloses all the limitations of the claims except for wherein the sole layer is included in an overshoe. However, Laporte discloses that the rotatable traction portion/attachment that are attachable to outsoles of footwear. Bell discloses an overshoe (see figures 1-6) configured to receive a user footwear; and the upper surface of the sole layer includes one or more footwear attachment elements (anchor pieces and straps/laces) for securing an outer surface of the user footwear to the sole layer. Therefore, it would have been obvious to one of ordinary skill in the art to substitute the outsole of Bell with outsole of Laporte, to provide better anti-slip traction to the overshoe of Bell.
Claim(s) 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Biancucci in view of Kao (Pub. No. US 2004/0035024).
Biancucci as described above discloses all the limitations of the claims except for wherein: the rotatable traction portion further includes at least one actuation element for rotating the rotatable traction portion between the first position and the second position; and the at least one actuation element extends beyond an outer edge of the sole layer when the rotatable traction portion is in the first position and when the rotatable traction portion is in the second position; and wherein the at least one actuation element comprises a tab integrally formed with the rotatable traction portion and extending from the rotatable traction portion in a direction orthogonal to a longitudinal axis of the sole layer. Kao discloses an anti-slip footwear, wherein a rotation seat is provided with a plurality of shoe spikes and two lateral sides of the rotation seat are provided with an elastically triggered anti-return bolt. In order to allow the anti-return bolt 33 to be easily triggered with finger and is prevented from sprung out, the anti-return bolt 33 is mounted with a trigger rod 331, and the trigger rod 331 is extendable out of the rotation seat 30 and is slidable within the sliding slot 35 on the surface of the rotation seat 30. The rotation seat 30 is provided with a plurality of shoe spikes 36. Referring to FIGS. 4 and 5 when the user walks on sloping ground or along a risky valley, the trigger rod 331 on the rotation seat 30 is triggered with fingers such that one end of the anti-return bolt 33 is returned from the engaging position of the positioning hole 222. Then the rotation seat 30 is free to rotate. When the rotation seat 30 has rotated at an appropriate angle, as shown in FIG. 5c, one end of the anti-return bolt 33 is engaged with another positioning hole 223 such that the rotation seat 30 cannot be rotated but at secured position. At this instance, the shoe spikes 36 on the rotation seat 30 are protruded out of the outsole 10 so that the outsole 10 is provided with a higher-level ground-gripping force and allows the user to walk safely on a risky ground. Referring to FIG. 7, when the user walks on a risky ground, the engaging block 38 on the rotation seat 30 is triggered such that the end portion of the front end of the engaging block 38 is returned from the engaging position of the engaging slot 224, then the rotation seat 30 is at free state, allowing to rotate. When the rotation seat 30 rotates to an appropriate angle, as shown in FIG. 8, the end portion of the front end of the engaging block 38 will engage with the engaging slot 224 on the securing plate 22, and the rotation seat 30 is positioned so that the rotation seat 30 cannot be rotated but becomes secured. At this instance, the shoe spike 36 of the rotation seat 30 is protruded out the outsole 10 and the outsole 10 possesses a higher-level ground-gripping force and allows the users to walk safely on sloping ground. Therefore, it would have been obvious to one of ordinary skill in the art to provide and trigger element/actuation element to the anti-slip footwear of Biancucci as taught by Kao for easier operation of the rotatable traction portion.
With respect to claim 17, official notice is taken that it is old and conventional to wherein provide a tab for easier accessibility and operation of an element. Therefore, it would have been obvious to one of ordinary skill in the art to provide a tab to the actuation element of Biancucci/Kao that is integrally formed with the rotatable traction portion and to extend from the rotatable traction portion in a direction orthogonal to a longitudinal axis of the sole layer for easier accessibility and operation.
Response to Arguments
Applicant's arguments filed 10/08/2025 have been fully considered but they are not persuasive.
Inasmuch as the claims define such and are understood, the grooves formed in the bottom surface of the outsole, which creates a gap that does not contact the ground surface will inherently reduce friction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shown are anti-slip footwears analogous to applicant’s instant invention.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILA M MOHANDESI whose telephone number is (571)272-4558. The examiner can normally be reached M-Thurs. 7:00-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa J Tompkins can be reached on 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JILA M MOHANDESI/Primary Examiner, Art Unit 3732
JMM
01/07/2026