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 .
The amendments filed with the written response received on 08/15/2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 5, and 19 have been amended. Accordingly, claims 1-20 are pending in this application, with an action on the merits to follow regarding claims 1-20.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/09/2025 has been entered.
Response to Amendment
The amendments filed with the written response received on 11/06/2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 5, and 19 have been amended. Accordingly, claims 1-20 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims 1-20 under 35 USC § 103 have been considered but are moot because the current ground of rejection does not rely on the prior rejection of record specifically challenged in the argument. Applicant’s arguments filed 11/06/2025 regarding claims 1-20 are drawn to amended subject matter and are addressed in the claim rejection below.
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 (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 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 1-3, 5-8, 11-12, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0051018 A1 to Issler in view of US 2013/0055598 A1 to Wiener, US 2010/0011619 A1 to Bastianelli, US 9,615,627 B2 to Nurse and as evidenced by US 5,740,551 A to Walker.
For claim 1, Issler discloses a shoe (146) comprising: an upper (148) further comprising an outside, inside, top, and bottom (outer surface, inner surface, upper margin, and lower margin of upper 148); an outsole (150) attached to said bottom of said upper (see fig. 10); an insole (60) attached between said outsole and said upper (see fig. 10); and wherein said upper, said outsole and said insole are sewn together (para 0139); wherein said upper comprises multiple layers (see annotated fig. 10 below wherein said upper comprises multiple layers).
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The above embodiment of Issler does not specifically disclose wherein the insole is a plurality of insoles; and wherein the shoe comprises a bootie product comprising: a bootie further comprising an outside, inside, top, and bottom; wherein said bootie is made of multiple water-resistant layers; wherein said bootie is a single section; a bootie liner attached to said inside of said bootie; wherein said bootie liner is made of a softer and more absorbent material than said multiple water-resistant layers; a strobel attached to said bottom of said bootie; wherein said strobel is made of two layers; a gasket molded over said bottom of said bootie and covering said strobel; wherein said bootie product is attached to said inside of said upper; and a located on said bootie, and wherein said gasket covers said seam.
With respect to the plurality of insoles, however, attention is directed to a separate embodiment of Issler teaching layer 60 comprises additional raised portions 62, 64, and 66 which are separated (see figs. 6a-6c) and formed of different material for purposes of providing different levels of cushioning and energy absorption to different areas beneath the wearer’s foot (paras 0053 and 0058-0059 of Issler).
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It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be modified to comprise a plurality of separated insoles for purposes of providing different levels of cushioning and energy absorption to different areas beneath the wearer’s foot, as taught by Issler (paras 0053 and 0058-0059 of Issler).
Issler, as modified above, does not specifically disclose wherein the shoe comprises a bootie product comprising: a bootie further comprising an outside, inside, top, and bottom; wherein said bootie is made of multiple water-resistant layers; a bootie liner attached to said inside of said bootie; wherein said bootie liner is made of a softer and more absorbent material than said multiple water-resistant layers; a strobel attached to said bottom of said bootie; a gasket molded over said bottom of said bootie and covering said strobel; wherein said bootie product is attached to said inside of said upper; and a seam located on said bootie and wherein said strobel is made of two layers.
With respect to the bootie product, and its components, attention is also directed to Wiener teaching a shoe comprising an upper assembly and a sole assembly having waterproof properties (abstract). Specifically, Wiener teaches, in addition to an upper (50), the upper assembly (10) also comprises a waterproof liner (230) (para 0023 of Wiener) and a strobel (80) attached to the waterproof liner by a seam (“stitching”) (para 0025 of Weiner) (interpreted as forming parts of a bootie product). The waterproof liner (230) comprises multiple (para 0011 of Weiner) waterproof functional layers (70) formed of microporous polytetrafluoroethylene (para 0023) and an additional layer (60) formed as a textile layer comprising cotton (para 0024) (also see fig. 1 of Wiener) for providing a waterproof and breathable shoe assembly (para 0007 of Weiner). Weiner also provides the liner seams are optional, and therefore, creating a single section liner (para 0023 of Wiener). It is further noted that cotton fibers are a softer material than polytetrafluoroethylene (as evidenced by Walker; col. 2, lines 54-64 of Walker).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be further modified wherein the shoe further comprises parts of a bootie product having a bootie comprising an outside, inside, top, and bottom; wherein said bootie is made of multiple water-resistant layers; a bootie liner attached to said inside of said bootie; wherein said bootie liner is made of a softer and more absorbent material than said multiple water-resistant layers; a strobel attached to said bottom of said bootie wherein said bootie product is attached to said inside of said upper; and a seam located on said bootie. Such an arrangement would provide an article of footwear with layers having vapor permeability with simultaneous water-tightness, as taught by Weiner (para 0007 of Weiner) and evidenced by Walker (col. 2, lines 54-64 of Walker); and wherein said bootie is a single section (in the case when the optional liner seams are eliminated, see para 0023 of Weiner, for creating a single smooth liner body eliminating the chance of leakage through the removed seams) (see para 0025 of applicant specification wherein “single section” means “not sewn together,” or without seams).
Issler, as modified above, does not specifically disclose a gasket molded over said bottom of said bootie and covering said strobel and wherein said gasket covers said seam; and wherein said strobel is made of two layers.
However, attention is directed to Bastianelli teaching a method of fabricating a bootie for use in a footwear (abstract of Bastianelli). Specifically, Bastianelli teaches a sealing gasket, comprising a bonding sealing agent, is attached to the underside of the bootie by heat and pressure (interpreted as molding) to act as a sealing agent for the stitching seams (para 0024 of Bastianelli). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Issler would be further modified wherein a gasket is molded over said bottom of said bootie and covering said strobel and covering said seam, as taught by Bastianelli, to provide the bootie product with a sealing agent for the stitching seams (para 0024 of Bastianelli) which further enhances the water proofness of the bootie (paras 0004-0006 of Bastianelli).
Issler, as modified above, does not specifically disclose wherein said strobel is made of two layers.
However, attention is directed to Nurse teaching a bootie assembly (1900) comprising a strobel member (1920) and wherein the strobel member is a double layered first strobel layer member (1920a) and a second strobel layer member (1920b) each of which are attached to the upper (1902) of the bootie assembly (1900) (col. 34, lines 33-62 of Nurse). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Issler would be further modified wherein the strobel is made of two layers to serve as an additional layer for attachment to the upper for providing the predictable benefit of improving durability on a component joint that is subject to repeated flexing, compression, or wear, as is known in the art.
For claim 2, the modified Issler teaches the shoe according to claim 1, further comprising at least two insoles which are separate from one another (see discussion for claim 1 above wherein the modified Issler comprises separate insoles 62, 64, and 66).
For claim 3, the modified Issler teaches the shoe according to claim 1, wherein said bootie is made of a bootie material (polytetrafluoroethylene), said gasket is made of a gasket material (bonding sealing agent), said bootie liner is made of a bootie liner material (cotton). and wherein said bootie, gasket, bootie liner, and upper materials are all different from one another (polytetrafluoroethylene, cotton, and the bonding sealing agent of the gasket are considered different materials).
The modified Issler does not specifically disclose the material of the upper. However, attention is again directed to Weiner teaching the upper may be formed of leather (para 0024 of Weiner). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be modified wherein the upper is made of leather, as taught by Weiner (para 0024 of Weiner), for purposes of providing the shoe to a durable, flexible and waterproof exterior which is provided by leather. As such, the modified Issler teaches wherein said bootie, gasket, bootie liner, and upper materials are all different from one another (polytetrafluoroethylene, cotton, leather, and the bonding sealing agent of the gasket are considered different materials).
For claim 5, Issler teaches a shoe (146) comprising: an outsole (150); an upper (148); an insole (60); wherein said upper, said outsole and said insole are sewn together (para 0139).
The above embodiment of Issler does not specifically disclose wherein the insole is a plurality of insoles, and wherein the shoe further comprises a gasket, a strobel, a bootie made of a water-resistant layer, a liner, wherein said water-resistance layer is permeable to water vapor, and wherein said liner is made of a softer and more absorbent material than said water-resistant layer.
However, with respect to the plurality of insoles, however, attention is directed to a separate embodiment of Issler teaching layer 60 comprises additional raised portions 62, 64, and 66 which are separated (see figs. 6a-6c) and formed of different material for purposes of providing different levels of cushioning and energy absorption to different areas beneath the wearer’s foot (paras 0053 and 0058-0059 of Issler).
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It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be modified to comprise a plurality of separated insoles for purposes of providing different levels of cushioning and energy absorption to different areas beneath the wearer’s foot, as taught by Issler (paras 0053 and 0058-0059 of Issler).
Issler, as modified above, does not specifically disclose wherein the shoe further comprises a gasket, a strobel, a bootie made of a water-resistant layer; wherein said bootie and said strobel are melted together to form a single piece; a liner, wherein said water-resistant layer is permeable to water vapor, and wherein said liner is made of a softer and more absorbent material than said water-resistant layer.
With respect to the strobel, bootie and liner, attention is also directed to Wiener teaching a shoe comprising an upper assembly and a sole assembly having waterproof properties (abstract). Specifically, Wiener teaches, in addition to an upper (50), the upper assembly (10) also comprises a waterproof liner (230) (para 0023 of Wiener) and a strobel (80) attached to the waterproof liner by any suitable method known in the art, including stitching (seam) (para 0025 of Weiner) (interpreted as forming parts of a bootie product).
The waterproof liner (230) comprises multiple (para 0011 of Weiner) waterproof functional layers (70) formed of a combination of microporous polytetrafluoroethylene and polyurethane, polyester, polyether, polyamide, polyacrylate, copolyether ester, copolyether amides, polytetrafluoroethylene, combinations thereof, or the like (paras 0011 and 0023 ow Weiner) and an additional layer (60) formed as a textile layer comprising cotton (para 0024) (also see fig. 1 of Wiener) for providing a waterproof and breathable shoe assembly (para 0007 of Weiner). It is further noted that cotton fibers are a softer material than polytetrafluoroethylene (as evidenced by Walker; col. 2, lines 54-64 of Walker). Finally, Wiener teaches said water-resistant layer is permeable to water vapor (“As used herein the "waterproof, water vapor permeable functional layer" and the "waterproof gasket material" are "waterproof" if, when combined to form the footwear according to the invention, they result in the footwear being "waterproof" as defined above,” para 0039 of Wiener).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be further modified wherein the shoe further comprises a strobel, a bootie made of a water-resistant and water vapor permeable layer, a liner, and wherein said liner is made of a softer and more absorbent material than said water-resistant layer. Such an arrangement would provide an article of footwear with layers having vapor permeability with simultaneous water-tightness, as taught by Weiner (para 0007 of Weiner) and as evidenced by Walker (col. 2, lines 54-64 of Walker).
With respect to “wherein said bootie and said strobel are melted together to form a single piece” it is noted by the Examiner that the limitation is interpreted as a product-by-process because it is defining the product formed by a process (melting). In this case, the product formed by the claimed “melting” is the complete single piece bootie with the attached strobel, and the claim does not positively recite any seam geometry or other identifiable structure that would distinguish a melted joint by a joint formed by other attachment techniques, and the modified Issler teaches the claimed bootie assembly and a strobel attached thereto (see discussion above). In this case, the claimed method of joining does not confer patentable distinction over the prior art structure. As such, “even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself, and the patentability of a product does not depend on its method of production. If the product in the product-by-process claim 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).
Issler, as modified above, does not specifically disclose a gasket.
With respect to the gasket, attention is directed to Bastianelli teaching a method of fabricating a bootie for use in a footwear (abstract of Bastianelli). Specifically, Bastianelli teaches a sealing gasket, comprising a bonding sealing agent, is attached to the underside of the bootie by heat and pressure (interpreted as molding) to act as a sealing agent for the stitching seams (para 0024 of Bastianelli). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Issler would be further modified wherein a gasket is molded over said bottom of said bootie and covering said strobel, as taught by Bastianelli, to provide the bootie product with a sealing agent for the stitching seams (para 0024 of Bastianelli) which further enhances the water proofness of the bootie (paras 0004-0006 of Bastianelli).
For claim 6, the modified Issler teaches the shoe according to claim 5, wherein said bootie is made up of multiple layers (see discussion for claim 5 above wherein Issler, as modified by Weiner, teaches a bootie is made of multiple and different layers (para 0011 of Weiner) for providing increased waterproofing characteristics to the bootie.
For claim 7, the modified Issler teaches the shoe according to claim 6, wherein said multiple layers are different materials (see discussion for claim 6 above).
For claim 8, the modified Issler teaches the shoe according to claim 5, wherein said bootie comprises at least one section sewn together via a seam (see discussion for claim 5 above wherein Weiner teaches the strobel (80) attached to the waterproof liner by a seam (“stitching”) (para 0025 of Weiner) for purposes of joining the bootie and the strobel to form a bootie product for encapsulating a wearer’s foot.
For claim 11, the modified Issler teaches the shoe according to claim 5, wherein said strobel is made of the same material as said bootie (said strobel is made of the same material as said bootie (paras 0011 and 0025 of Weiner), for providing uniform material properties, such as uniform comfort and rigidity, throughout the formed bootie product).
For claim 12, the modified Issler teaches the shoe according to claim 5, but does not specifically disclose wherein said gasket is cut from a sheet of material.
However, it is noted by the Examiner that the limitation “wherein said gasket is cut from a sheet of material” is interpreted as a product-by-process because it is defining the product formed by a process (cutting). As such, “even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself, and the patentability of a product does not depend on its method of production. If the product in the product-by-process claim 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, because the modified Issler teaches the gasket is a sheet of material (see para 0024 of Bastianelli) the claim is considered met because the resulting product is the same as the claimed product, regardless of the cutting process forming said product.
For claim 17, the modified Issler teaches the shoe according to claim 5, wherein said upper comprises at least one section sewn together via a seam (para 0140).
For claim 18, the modified Issler teaches the shoe according to claim 5, but this embodiment of Issler does not specifically disclose wherein at least one of said plurality of insoles comprises of multiple insole sections.
However, a section is interpreted as part of a whole. Likewise, Issler teaches layer 60 comprises additional raised and separated portions 62, 64, and 66 which are also interpreted as multiple sections of a whole and said sections are formed of different material for purposes of providing different levels of cushioning and energy absorption to different areas beneath the wearer’s foot (paras 0053 and 0058-0059 of Issler).
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It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be modified wherein at least one of said plurality of insoles comprises of multiple insole sections, as taught by Issler (paras 0053 and 0058-0059 of Issler) to provide different levels of cushioning and energy absorption to different areas beneath the wearer’s foot by using different types of material in each separated section.
Claims 4, 9, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Issler in view of Wiener, Bastianelli, and as evidenced by Walker, as applied to claims 1, 5, and 8 above, and further in view US 2013/0232818 A1 (hereinafter “Wiener 2”).
For claim 4, the modified Issler teaches the shoe according to claim 1, but does not specifically disclose wherein said seam is further covered with a sealant selected from the group consisting of water-resistant tape, non-water- resistant tape, water-resistant glue, non-water-resistant glue, water-resistant primer, non-water-resistant primer, and combinations thereof.
However, attention is directed to Wiener 2 teaching an analogous article of footwear (abstract of Wiener 2). Specifically, Wiener 2 teaches seams may be joined together to form the liner material into the general corresponding shape of a shoe upper and wherein seams can be made waterproof by sealing the seams with sealing materials, such as Gore Seam Tape (para 0023 of Wiener 2). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be further modified wherein said seam is further covered with a sealant of water-resistant tape, as taught by Wiener 2, for purposes of providing a waterproof seam at the point of attachment (para 0023 of Wiener 2).
For claim 9, the modified Issler teaches the shoe according to claim 8, but does not specifically disclose wherein said seam is sealed.
However, attention is directed to Wiener 2 teaching an analogous article of footwear (abstract of Wiener 2). Specifically, Wiener 2 teaches seams may be joined together to form the liner material into the general corresponding shape of a shoe upper and wherein seams can be made waterproof by sealing the seams with sealing materials, such as Gore Seam Tape (para 0023 of Wiener 2). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Issler would be further modified wherein said seam is sealed, as taught by Wiener 2 (para 0023 of Wiener 2), for purposes of providing a waterproof seam at the point of attachment.
For claim 13, the modified Issler teaches the shoe according to claim 5, but does not specifically disclose wherein said bootie is combined with said liner using a water-resistant tape to form a product.
However, attention is directed to Wiener 2 teaching an analogous article of footwear (abstract of Wiener 2). Specifically, Wiener 2 teaches seams may be joined together to form the liner material into the general corresponding shape of a shoe upper and wherein seams can be made waterproof by sealing the seams with sealing materials, such as Gore Seam Tape (para 0023 of Wiener 2). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be further modified wherein said bootie is combined with said liner using a water-resistant tape to form a product, as taught by Wiener 2, for purposes of providing a waterproof seam at the point of attachment.
For claim 14, the modified Issler teaches the shoe according to claim 13, wherein said product has at least one seam (see discussion for claim 5 above wherein article components are sewn together).
For claim 15, the modified Issler teaches the shoe according to claim 14, wherein said at least one seam is sealed (see discussion for claim 13 above wherein water-resistant tape is provided to increase waterproofing).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Issler in view of Wiener, Bastianelli, and as evidenced by Walker, as applied to claims 5 and 8 above, and further in view of US 2013/0247414 A1 to Bier.
For claim 10, the modified Issler teaches the shoe according to claim 8, but does not specifically disclose wherein said seam is sewn with zig-zag stitches.
However, attention is directed to Bier teaching an analogues article of footwear comprising a bootie and liner attached to a strobel for creating a waterproof seam (para 0038-0040, and fig. 2 of Bier). Specifically, Bier teaches wherein said seam is sewn with zig-zag stitched for purposes of securing the two layer portions (paras 0021, 0061, 0086 of Bier). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be modified wherein said seam is sewn with zig-zag stitches, as taught by Bier (paras 0021, 0061, 0086 of Bier), for purposes of securing the bootie to the other adjacent layers in a manner that creates a continuous seam between both products.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Issler in view of Wiener, Bastianelli, and as evidenced by Walker, as applied to claim 5 above, and further in view of US 2011/0162239 A1 (hereinafter “Bier 2”).
For claim 16, the modified Issler teaches the shoe according to claim 5, but does not specifically disclose wherein said upper is made of multiple layers.
However, attention is again directed to Bier 2 teaching the outer shaft material (or upper) may be formed of a combination of leather, textile, plastic, or other known materials (para 0077 of Bier 2). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Bier 2 would be modified wherein the upper is made of a combination of leather, textile, and/or plastic to form a multilayered construction for providing water vapor-permeable qualities (para 0076-0077 of Bier 2).
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Issler in view of Wiener, and Bastianelli.
For claim 19, Issler discloses a shoe (146) comprising: an outsole (150); an upper (148) wherein the upper is a single section (as provided for by applicant’s specification at paragraph [38], a “single section” upper can include an upper that is sewn together by seam, and Issler’s upper 148 is considered an upper sewn together via seam, see annotated fig. 10 below);
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wherein said upper and said outsole are sewn together (para 0140).
The above embodiment of Issler does not specifically disclose a plurality of removable insoles; wherein the shoe further comprises: a gasket, a strobel; a bootie; a liner; wherein said bootie and said liner connect to form a product; wherein said bootie and said liner are made of different materials; wherein said strobel is sewn together with said product; wherein said bootie and said strobel are made of different materials; wherein said product has seams; wherein said seams are sealed with said gasket; wherein said product connects with said upper, forming a byproduct; wherein said gasket is made of water-resistant materials.
With respect to the plurality of removably insoles, however, attention is directed to a separate embodiment of Issler teaching layer 60 comprises additional raised portions 62, 64, and 66 which are separated (see figs. 6a-6c) and formed of different material for purposes of providing different levels of cushioning and energy absorption to different areas beneath the wearer’s foot (paras 0053 and 0058-0059 of Issler). Further, Issler teaches layer 60 may be removably placed between the outsole and the upper so that other bladders of varying characteristics may be utilized (para 0040).
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It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be modified to comprise a plurality of separated insoles for purposes of providing different levels of cushioning and energy absorption to different areas beneath the wearer’s foot, as taught by Issler (paras 0053 and 0058-0059 of Issler); and wherein the insole is removably placed so that other insoles (bladders) of varying characteristics may be utilized (para 0040 of Issler).
The above embodiment of Issler does not specifically disclose wherein the shoe further comprises: a gasket, a strobel; a bootie; a liner; wherein said bootie and said liner connect to form a product; wherein said bootie and said liner are made of different materials; wherein said strobel and said product are melted together; wherein said bootie and said strobel are made of different materials; wherein said product has seams; wherein said seams are sealed with said gasket; wherein said product connects with said upper, forming a byproduct; wherein said gasket is made of water-resistant materials.
With respect to the product, and its components, attention is also directed to Wiener teaching a shoe comprising an upper assembly and a sole assembly having waterproof properties (abstract). Specifically, Wiener teaches, in addition to an upper (50), the upper assembly (10) also comprises a waterproof liner (230) (para 0023 of Wiener) and a strobel (80), made of polyester (para 0025), attached to the waterproof liner by “any suitable method known in the art” (para 0025 of Weiner) including “welding” (interpreted as “melting”) (see paras 0023 and 0025 of Weiner) (interpreted as forming parts of a bootie product) and the waterproof liner is attached to the upper ( para 0023 of Wiener). The waterproof liner (230) comprises multiple (para 0011 of Weiner) waterproof functional layers (70) formed of microporous polytetrafluoroethylene (para 0023) and an additional layer (60) formed as a textile layer comprising cotton (para 0024) (also see fig. 1 of Wiener) for providing a waterproof and breathable shoe assembly (para 0007 of Weiner).
It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Issler would be further modified wherein the shoe further comprises parts of a product (waterproof liner of Wiener) having a bootie (waterproof functional layer made of microporous polytetrafluoroethylene of Wiener); a liner (additional layer form as a textile layer comprising cotton of Wiener); a strobel (layer 80 made of polyester, as taught by Wiener) attached to the waterproof liner by melting (“welding of Wiener); wherein the product connects with said upper. Such an arrangement would provide an article of footwear with layers having vapor permeability with simultaneous water-tightness, as taught by Weiner (para 0007 of Weiner).
As modified, Issler does not specifically disclose the shoe further comprises: a gasket, wherein said seams are sealed with said gasket; and wherein said gasket is made of water-resistant materials.
With respect to a gasket sealing the seams made of water-resistant materials, attention is directed to Bastianelli teaching a method of fabricating a bootie for use in a footwear (abstract of Bastianelli). Specifically, Bastianelli teaches a sealing gasket, comprising a bonding sealing agent, is attached to the underside of the bootie by heat and pressure to act as a sealing agent for the stitching seams with substantial liquid impermeable quality (para 0024 of Bastianelli). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Issler would be further modified to comprise a gasket sealing said seams and made of water-resistant materials, as taught by Bastianelli, to provide the bootie product with a sealing agent for the stitching seams (para 0024 of Bastianelli) which further enhances the water proofness of the bootie (paras 0004-0006 of Bastianelli).
For claim 20, the modified Issler teaches the shoe according to claim 19, wherein said outsole and at least one of said plurality of insoles are connected to said byproduct (para 0140 of Issler).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
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/ERICK I LOPEZ/Examiner, Art Unit 3732