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 .
Response to REQUEST FOR RECONSIDERATION
Applicant’s REQUEST FOR RECONSIDERATION of 05/22/2026 is acknowledged.
Response to Arguments
Applicant’s REMARKS of 05/22/2026 are fully considered:
Applicant argues:
Claims 1-4, 7-8, and 21-29 stand rejected under 35 U.S.C. 103 as being unpatentable over Marvin et al. (US2006/0130370A1, "Marvin") in view of Bell et al. (US2020/0297069A1, "Bell"), Elder et al. (US2013/0283640A1, "Elder"), and Walker et al. (US2016/0345663), "Walker"). Claim 30 stands rejected under 35 U.S.C. 103 as being unpatentable over Marvin in view of Bell, Elder, and Walker.
Claims 1-4, 7-8, and 21-30 have been rejected under 35 U.S.C. § 103 as allegedly being unpatentable over Marvin in view of Bell, Elder, and Walker. Applicant respectfully traverses this rejection.
Claim 1 recites:
a first knit fabric element that includes a first thermoplastic polyurethane component, wherein the first knit fabric element forms an ankle region of the footwear upper component;
and
a bladder component that defines a sealed interior chamber for containing a fluid, wherein the bladder component includes an outer perimeter seam that extends at least partially around the sealed interior chamber, wherein at least a portion of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner, and wherein the bladder component includes an ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner.
Applicant submits that Marvin, Bell, Elder, and Walker, either alone or in combination, fail to disclose the above-identified features of claim 1. As explained below, the Office has failed to establish a prima facie case of obviousness at least because the Office has failed to demonstrate with factual underpinning that the process of Walker-for making a bladder for electrorheological fluid used in a footwear sole structure-provides motivation, teaching, or suggestion to modify the structures of Marvin, Bell, and/or Elder in a manner to produce an adhesive free bond between an outer perimeter seam of a bladder and a thermoplastic polyurethane component of a first knit fabric element.
In rejecting the claims, the Office acknowledges that none of Marvin, Bell, or Elder teaches or suggests bonding a bladder component with a thermoplastic polyurethane component of a first knit fabric element in an adhesive-free manner. (Action, pp. 7-9). Instead, the Office cites Walker's discussion that "layers of thermal plastic urethane ... may be bonded together with heat and pressure," as described in [0046] of Walker, to allegedly show this feature. Applicant disagrees and submits that the Office has failed to establish a prima facie case of obviousness because the Action does not provide a clear articulation of the reason(s) why the claimed invention would have been obvious. (Action, at pp. 3-10). The Federal Circuit has stated that "rejections on obviousness cannot be sustained with mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness." In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006); see also KSR, 550 U.S. at 418, 82 USPQ2d at 1396 (quoting Federal Circuit statement with approval). More specifically, Applicant submits that it would not have been obvious to one of ordinary skill in the art to combine the cited references for at least two reasons.
First, the skilled person would not have been motivated to modify the structures of Marvin, Bell, and/or Elder in view of Walker's teachings in the manner asserted in the Action. On page 10 of the Action, the Office contends that it would have been obvious to have modified Marvin "such that a portion of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner" to yield the result of a footwear upper component "whose first knit fabric element and bladder component are durably secured together at the portion of the outer perimeter seam and also at the ankle region of the footwear upper component." However, the Office fails to explain how and what aspects of Walker's process provides motivation, teaching, or suggestion to modify the structures of Marvin, Bell, and/or Elder in a manner to produce an adhesive free bond between an outer perimeter seam of a bladder and a thermoplastic polyurethane component of a first knit fabric element. As discussed above, none of Marvin, Bell, or Elder teaches a specific adhesive-free bond between a bladder's outer perimeter seam and a thermoplastic polyurethane component of a knit fabric element. Instead, paragraph [0046] of Walker is cited to address this deficiency. (Action, p. 9). Walker's paragraph [0046] describes forming a laminate from "3 or more layers of thermal plastic urethane film" in the context of constructing an incline adjuster for a sole structure. As described in Walker's paragraphs [0049]-[0053], Walker's incline adjuster is formed from three TPU film layers-a bottom layer 53 (flat TPU sheet), a middle/spacer layer 54 (hard TPU), and a top sheet 55 (flexible TPU)-welded or bonded together to form fluid chambers and a transfer channel for electrorheological fluid. Accordingly, Walker's teaching is directed to bonding flat TPU film sheets to other flat TPU film sheets in a sole structure component (e.g., Walker's sole structure 12). (Id). Walker does not teach or suggest bonding a TPU component to a knit fabric element, let alone bonding a bladder's outer perimeter seam to a thermoplastic polyurethane component of a first knit fabric element. Rather, Walker describes bonding a flat TPU film sheet with another flat TPU film sheet. (Id). The fact that Walker describes heat bonding of TPU film layers does not provide a reason to apply that technique to bond a thin fabric layer to the exterior layer of Marvin's bladder 130. Rather, the Walker disclosure is more relevant to Marvin's discussion at paragraphs [0084]-[0085] of forming bladder 130 from an exterior layer and a coextensive interior layer. This disclosure in Walker does not relate to bonding an outer perimeter seam of Marvin's bladder 130 with a knit fabric element in an adhesive free manner.
Examiner’s reply:
This argument is fully considered but it is not persuasive. Specifically, Applicant’s argument that “The fact that Walker describes heat bonding of TPU film layers does not provide a reason to apply that technique to bond a thin fabric layer to the exterior layer of Marvin's bladder 130” is fully considered but is not persuasive if only because the argument is not commensurate with the rejection as applied insofar as the reason for modification as articulated in the Office action is not the “fact” as argued but rather the predictable result articulated: As stated in the Office action of 02/23/2026 (see p. 7 lines 8-9), Marvin para 84 teaches the fabric element “attached” to a “urethane film” of the “exterior layer”. As further stated in the same Office action (see p. 7 lines 9-12), Marvin is silent as to whether such bonding is an adhesive free manner. As further stated in the same Office action (see ultimate paragraph of p. 9), Walker teaches a technique via which plural layers of thermal plastic urethane are bonded to one another in an adhesive free manner so as to inter-mix melted material, and, as further stated in the same Office action (see first paragraph of p. 10), it would have been obvious to provide the argued bonding in the adhesive free manner in order to durably secure the fabric element and the bladder component together. It is noted that MPEP 2143 states in relevant part:
“The courts have made clear that the teaching, suggestion, or motivation test is flexible and an explicit suggestion to combine the prior art is not necessary. The motivation to combine may be implicit and may be found in the knowledge of one of ordinary skill in the art, or, in some cases, from the nature of the problem to be solved. Id. at 1366, 80 USPQ2d at 1649. “[A]n implicit motivation to combine exists not only when a suggestion may be gleaned from the prior art as a whole, but when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. Because the desire to enhance commercial opportunities by improving a product or process is universal—and even common-sensical—we have held that there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves. In such situations, the proper question is whether the ordinary artisan possesses knowledge and skills rendering him capable of combining the prior art references.””
Applicant argues:
Rather, the Walker disclosure is more relevant to Marvin's discussion at paragraphs [0084]-[0085] of forming bladder 130 from an exterior layer and a coextensive interior layer.
Examiner’s reply:
This argument is fully considered but is not persuasive. Assuming, for the sake of argument, that Walker is “more relevant to” another portion of Marvin, that does not mean that the teachings of Walker as articulated in the Office action are irrelevant.
Applicant argues:
This disclosure in Walker does not relate to bonding an outer perimeter seam of Marvin's bladder 130 with a knit fabric element in an adhesive free manner.
Examiner’s reply:
This argument is fully considered but is not persuasive in that Walker is (see ultimate paragraph of p. 9 of the Office action of 02/23/2026) is directed to plural layers of thermal plastic urethane that are bonded to one another, and “the modified Marvin...is concerned with the bonding of polyurethane layers to each other” (see same Office action, p 9 lines 15-16) such that Walker relates to the modified Marvin. That Walker does not explicitly describe bonding of a knit fabric element to an outer perimeter seam does not mean that Walker does not “relate to” the argued feature.
Applicant argues:
Further, the Office has not provided adequate motivation or rationale as to why the skilled person would have looked to Walker's sole structure incline adjuster when attempting to modify the structures of Marvin, Bell, and/or Elder. Walker's teaching relates to constructing an incline adjuster for electrorheological fluid in a sole structure. (Walker, [0046], [0049]-[0053]). Walker's incline adjuster is a specialized component configured to adjust the incline angle of a footbed using electrorheological fluid, electrodes, and a controller. (Id, s [0037], [0041]-[0042]). The skilled person working on Marvin's inflatable bladder upper, which provides cushioning and custom fit by allowing air to flow between compartments (Marvin, [0086]-[0088]), would have had no reason to look to Walker's sole structure incline adjuster for guidance on how to form Marvin's bladder 130 to include a thin fabric on a urethane film.
The cited structures in Marvin and Walker serve very different purposes (cushioning/fit vs. footbed incline adjustment), use very different fluids (air vs. electrorheological fluid), and are located in very different parts of the shoe (upper vs. sole structure). The Office has not satisfied its burden of presenting a primafacie case of obviousness at least because the Office has failed to articulate why a person of ordinary skill would have looked to Walker's remote and unrelated technology for guidance on bonding bladder to a knit fabric element. See In re Huai-Hung Kao, 639 F.3d 1057, 1066 (Fed. Cir. 2011) (the Examiner bears the initial burden of presenting a prima facie case).
Examiner’s reply:
This argument is fully considered and is not persuasive. MPEP 2141.01(a) states in relevant part “A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention).” In the present case, both Walker and Marvin are analogous art insofar as they are from the same field of endeavor as the claimed invention (i.e. both are in the field of endeavor of articles of footwear, as is Applicant’s claimed invention (see e.g. the Title of the disclosure as filed)) and are reasonably pertinent to the problem faced by the inventor of securely joining “footwear components (e.g., upper components..., bladder components, sole structures, etc....to one another” (para 21 as filed) such that Walker is not “remote and unrelated” as argued but is rather analogous art, as is Marvin. Assuming, for the sake of argument, that Marvin and Walker “serve very different purposes (cushioning/fit vs. footbed incline adjustment), use very different fluids (air vs. electrorheological fluid), and are located in very different parts of the shoe (upper vs. sole structure)”, the argued reference remains proper for use in an obviousness rejection.
Applicant argues:
Second, Applicant respectfully submits that the proposed combination of Marvin, Bell, Elder, and Walker is improper because it appears that the Action is relying on information gleaned solely from Applicant's specification. MPEP § 2142 states that "impermissible hindsight must be avoided and the legal conclusion must be reached on the basis of the facts gleaned from the prior art." The Office's combination treats the Marvin, Bell, Elder, and Walker references as abstract concepts to be "combined" in a manner that would not have occurred to a person of ordinary skill in the art. Contrary to the Office's analysis in the Action, the proposed combination must be supported by articulated reasoning with a rational underpinning-not merely the recognition that TPU appears in different contexts across different references. To the extent the Office contends that Walker teaches a general principle of adhesive-free TPU bonding that is applicable broadly, extracting this broad principle from Walker's sole-structure film lamination context and applying it to the entirely different structural relationship between a bladder component and a knit fabric element in a footwear upper constitute impermissible hindsight reasoning.
Examiner’s reply:
This argument is fully considered but it is not persuasive. MPEP 2145 states in relevant part ““[a]ny judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper””, and in the present case, the modification takes into account only knowledge (i.e. the knowledge taught by the combined Marvin, Bell, Elder, and Walker, as explained in the Office action of 02/23/2026, see p. 3-10 thereof) which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure.
Applicant argues:
Further, even if the proposed modification were possible to imagine (which Applicant does not believe to be the case), a proper obviousness combination requires more than simply alleging that modifications are possible. (See In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006) ("[R]ejections on obviousness grounds cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness."); see also MPEP §§ 2141.III, 2143.I.A. A proper obviousness combination requires "reasoned explanation" and an explicit rationale for why a person of ordinary skill, seeing the references and without Applicant's claims, would have been expected to combine the references to yield what is claimed. (Id.)
Here, the Office has not adequately explained why a person of ordinary skill, in modifying the structures of Marvin, Bell, and/or Elder in view of Walker, would have been expected to use the Walker bladder formation technique for the much different purpose of forming Marvin's bladder 130 to include a fabric at the exterior layer. The Office has not explained why a person of ordinary skill would have departed from Marvin's teachings-and/or the heat-joining techniques of Elder (see Elder,[0039]-[0041])-to adopt Walker's bladder formation technique for the much different purpose of bonding a bladder to a knit fabric element in an adhesive-free manner (particularly when Walker also does not describe bonding a bladder to any fabric element).
Examiner’s reply:
This argument is fully considered but is not persuasive. The modifications articulated in the Office action of 02/23/2026 (see p. 3-10 thereof) do not represent a departure from any Marvin or Elder as argued. Rather, as stated in the rejection, emphasis provided by Examiner, “Marvin is silent as to whether...bonding is in an adhesive free manner” (see p. 7 line 10). In addition, the argued reference Elder at the cited paragraphs in the argument (i.e. paras 39-41) directed to the “heat-joining techniques of Elder” are also silent as to whether such bonding is in an adhesive free manner. Applicant’s specific argument that “Walker also does not describe bonding a bladder to any fabric element” is fully considered but is not persuasive. Walker is (see ultimate paragraph of p. 9 of the Office action of 02/23/2026) directed to plural layers of thermal plastic urethane that are bonded to one another, and “the modified Marvin...is concerned with the bonding of polyurethane layers to each other” (see same Office action, p 9 lines 15-16) such that the teachings of Walker are applicable whether or not Walker explicitly describes bladder bonding to fabric. It is noted that the Office action does not state that Walker explicitly describes a bladder bonding to fabric; nonetheless, these are features that are taught by the prior art (see the Office action of 02/23/2026, p. 7 lines 6-10 in relation to the fabric element being “attached” to a “urethane film” of the “exterior layer” of Marvin; see also p. 7 line 17 - p. 8 line 11 of the same Office action in relation to the bonding of first fabric element 48 of Elder to the bladder component of Elder).
Applicant argues:
Further, Applicant submits that the Office's stated motivation for the adhesive-free bonding modification is conclusory. (See Action, p. 10). The Office's stated motivation is to "yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together." (Id.) However, this rationale is conclusory as it merely restates the result of the modification without explaining why the skilled person would have selected adhesive-free bonding specifically to join an outer perimeter seam of a bladder to a knit fabric element. KSR Int'l. Co. v. Teleflex, Inc., 550 U.S. 398, 418 (2007) (quoting In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)) (Rejections on obviousness grounds cannot be sustained by mere conclusory statements; there must be some articulated reasoning with rational underpinning to support the legal conclusion of obviousness).
Examiner’s reply:
This argument is fully considered but is not persuasive if only because a person of ordinary skill would have expected durable securement to be achieved via the modification; it is noted that, As stated in the Office action of 02/23/2026 (see p. 7 lines 8-9), Marvin para 84 teaches the fabric element “attached” to a “urethane film” of the “exterior layer”. Accordingly, Marvin is silent as to how durably attached the two are to each other.
Applicant argues:
Lastly, even assuming, arguendo, that the cited references collectively disclose each element of claim (which Applicant does not concede to be true), Applicant submits that the Examiner has not established a proper motivation to combine the other cited references in the manner asserted in the Action. For example, Applicant submits that the Examiner has not provided any motivation for applying Elder's simultaneous molding process to Marvin's bladder. (Action, pp. 7-9). The Examiner relies on Elder for teaching heat-joining of a fabric layer to a bladder layer via a heat source during molding. (Elder, [0041]). However, Elder's molding process is designed for a sandal where all layers-top layer, bladder layers, and outsole layer-are thermoformed and joined together substantially simultaneously in a molding apparatus. (Id., [0037], [0041], [0045]). Elder teaches that "the layers 48, 54, 60, 66 can be joined together in a substantially simultaneous manner" using a "molding apparatus 80" including "molds 79, 81," "handling members 82, 84, 86, 88," and "a heat source 92." (Id,. [0037]-[0039], [0045]. Marvin's bladder, by contrast, is a pre-formed bladder that itself forms the upper of the shoe. Marvin's bladder is formed by welding two sheets of film together along periphery weld lines. (Marvin, [0084]- [0085]). External material is separately "bonded or laminated" to the bladder layers. (Id., [0086]). The Office fails to identify any teaching or suggestion that Marvin's bladder would benefit from Elder's simultaneous thermoforming process, which is designed for a fundamentally different manufacturing approach (simultaneous molding of all footwear layers including an outsole). Applicant asserts that the skilled person working with Marvin's pre-formed bladder upper would not have looked to Elder's sandal thermoforming process for guidance on how to bond a bladder to a knit fabric element.
Examiner’s reply:
This argument is fully considered and is not persuasive if only because it is not commensurate with the rejection as applied. Those features described by Elder and explained in the Office action are structural features (i.e. bonding first fabric element to bladder component and bonding two bladder layers together to form an outer perimeter seam extending around a sealed interior chamber (see first full paragraph of p. 8 of the Office action of 02/23/2026); and the layers being in contact with one another at the outer perimeter seam and over entire expanses thereof inside the perimeter seam (see subsequent paragraph of same) such that Elder teaches the structural features as set forth in the Office action. And the modification as applied in the Office action is not “applying Elder's simultaneous molding process” as argued but rather (see first paragraph of p. 10 of the Office action of 02/23/2026) modifying “such that a portion of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner, and wherein the bladder component includes the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner”
Applicant argues:
In summary, the Office has not provided adequate motivation for any of the individual modifications discussed above, let alone for the combination as a whole. The extensive reconstruction from disparate teachings-modifying Marvin's fabric and bladder structures, applying Elder's molding process, and characterizing the bond as adhesive-free based on Walker- is indicative of impermissible hindsight reasoning informed by Applicant's own disclosure. Accordingly, Marvin, Bell, Elder, and Walker, either alone or in combination fail to disclose the claimed "first knit fabric element" and "bladder component," "wherein at least a portion of the outer perimeter seam [of the bladder component] is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner," as recited in claim 1. Applicant respectfully submits that claim 1 is in a condition for allowance. Dependent claims 2-4, 7-8, and 21-29 depend on claim 1, and are allowable at least for the same reasons as claim 1 as well as in view of their individual recitations.
Claim 30, while different from claim 1, recites similar features to those in claim 1 discussed above, and are distinguishable over Marvin, Bell, Elder, and Walker for at least similar reasons. Like claim 1, claim 30 recites a "first knit fabric element" that includes a first thermoplastic polyurethane component, and a "bladder component" with "an ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner." Claim 30 further recites that "at least 50% of a surface area of the first major exterior surface is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner." For the reasons discussed above, none of the cited references, alone or in combination, teaches or suggests this adhesive-free bond between a bladder component and a knit fabric element containing a thermoplastic polyurethane component, and the Examiner has not established a proper motivation to combine the references in a manner to arrive at the claimed structure. Accordingly, Applicant respectfully submits that all pending claims are patentable over the cited references.
Examiner’s reply:
This argument is fully considered and is not persuasive. Applicant’s summarized arguments are individually addressed hereinabove and are not persuasive for the reasons set forth in above addressing of Applicant’s other arguments.
Applicant argues:
With respect to claim 7, Applicant submits that the rejection is additionally deficient. Claim 7 recites that "at least 90% of a surface area of one surface of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner." The Office acknowledges that the modified Marvin does not meet this limitation. (Action, p. 15). The Office's sole rationale for this modification is to "yield the predictable result of a footwear upper component whose first knit fabric element and bladder are durably secured to each other over at least 90% of a surface area of one surface of the outer perimeter seam." (Id.) The Office's rationale is conclusory as it merely restates the claimed limitation as the alleged motivation, without providing any evidence or reasoning as to why a person of ordinary skill in the art would have bonded at least 90% of the seam surface area to the knit fabric element in an adhesive-free manner. None of the cited references teaches or suggests bonding a specific percentage of a seam surface area to a knit fabric element, let alone 90%. The Examiner has not identified any reference that provides a basis for selecting this particular threshold, nor has the Examiner explained why "durable securement" would require bonding over at least 90% of the seam surface as opposed to some other amount. Accordingly, Applicant submits that claim 7 is therefore patentable for this additional reason, independent of the reasons discussed above with respect to claim 1.
Examiner’s reply:
This argument is fully considered but is not persuasive if only because a person of ordinary skill would have expected durable securement over at least 90% of a surface area as a result of the modification; it is noted that, as stated in the Office action of 02/23/2026 (see first paragraph of p. 10), the modified Marvin as applied to claim 1 comprises knit fabric element and bladder component durably secured together at the portion of the outer perimeter seam and also at the ankle region; however, the modified Marvin as applied to claim 1 is silent as to how much surface area is durably secured.
Applicant argues:
With respect to claim 22, Applicant submits that the rejection is additionally deficient. Claim 22 recites that "the first thermoplastic polyurethane component is provided as a yarn formed by or coated with a thermoplastic polyurethane material, wherein the yarn is formed into the first knit fabric element." When read together with the limitations of claim 1, claim 22 requires an adhesive-free bond between a bladder component's outer perimeter seam and a thermoplastic polyurethane yarn that has been formed into the first knit fabric element. No reference in the cited combination teaches or suggests this specific bonding relationship. Walker teaches adhesive-free bonding between flat TPU film sheets-not between a bladder and a TPU yarn of a knit fabric. While Bell teaches a TPU yarn (e.g., yarn 134) formed into a knit fabric (e.g., knit layer 128), Bell does not teach or suggest bonding its TPU yarn or knit fabric to a bladder component in any manner. The specific adhesive-free bond between a TPU yarn that is formed into a knit fabric element and a bladder's outer perimeter seam is not taught or suggested by any of the cited references, individually or in combination. Claim 22 is therefore patentable for this additional reason, independent of the reasons discussed above with respect to claim 1.
Conclusion
In view of the above, Applicant believes the pending application is in condition for allowance.
Examiner’s reply:
This argument is fully considered but is not persuasive because the modified Marvin indeed meets the limitation as explained in the rejection (see p. 17 lines 13-19 of the rejection of 02/23/2026). It is noted that the first fabric element (i.e. the “fabric” of Marvin para 84 (see the rejection of claim 1, lines 10-11) is modified such that it is a knit fabric including a first thermoplastic polyurethane, as in Bell (see ultimate paragraph of p. 6 of the same Office action) wherein the first thermoplastic polyurethane component is a yarn comprising thermoplastic polyurethane (see p. 5 lines 20-21 of the same Office action). Accordingly, the modified Marvin first thermoplastic polyurethane component is provided as a yarn formed by or coated with a thermoplastic polyurethane material, as set forth in the Office action (again, see p. 17 lines 13-19 of the rejection of 02/23/2026).
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) 1-4, 7-8, and 21-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Marvin, US 2006/0130370] in view of [Bell, US 2020/0297069], [Elder, US 2013/0283640] and [Walker, US 2016/0345663].
Regarding claim 1:
Marvin discloses:
A footwear upper component 230, comprising:
a first fabric element (the “fabric...attached” to the “urethane film” of the “exterior layer”; para 84)
a bladder component (the “urethane film” of the “exterior layer” combined with the “interior layer”; para 84) that defines a sealed interior chamber for containing a fluid (“interior layer is attached to the exterior layer along air-tight periphery weld lines 210. The periphery weld lines 210 attach the exterior layer to the interior layer and create a barrier to keep air between the layers”; para 84), wherein the bladder component includes an outer perimeter seam 210 that extends at least partially around the sealed interior chamber (para 84; Fig. 2), wherein the bladder component includes an ankle support region (see annotated Fig. 2 – a below).
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Marvin does not expressly disclose the first fabric element forms an ankle region of the footwear upper component; the bladder component includes the ankle support region at the ankle region of the footwear upper component.
However and in further view of Marvin: Marvin in describing the first fabric element teaches “the exterior layer may be a laminate formed from the combination of a urethane film and a...fabric ...attached thereto” (para 84). Marvin is silent as to the extent of the first fabric element and whether or not it is coextensive with the urethane film and/or whether it is present at the ankle support region of the bladder such that Marvin does not expressly disclose the first fabric element (i.e. the “fabric” of para 84) forming an ankle region.
However and in further view of Marvin: Marvin as embodied in para 86 teaches that because a footwear upper component “forms at least a portion of an exterior and/or an interior surface of upper ...a bladder of the present invention may also be formed with a...layer of external material bonded or laminated to one or both of the exterior and interior layers...One suitable material is LYCRA™...Alternatively, one or both of the exterior and interior layers may be bonded to...any type of synthetic material, or any other material that would be available to one skilled in the art, or that is typically used in the production of a shoe. In a preferred embodiment, the bladder with or without the bonded material forms a portion of both the exterior and the interior of the shoe” (para 86).
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 footwear upper component of Marvin such that its first fabric element is coextensive with its bladder component such that the first fabric element forms an ankle region of the footwear upper component such that the bladder component includes the ankle support region at the ankle region of the footwear upper component in order to yield the predictable result of a footwear upper whose first fabric element is capable of forming an exterior and/or interior of a shoe at the ankle support region of the bladder in order to permit the first fabric element to protect the bladder from damage and/or abrasion at the ankle support region; and/or to permit the first fabric element to present the aesthetic appearance of the first fabric element to a user and/or an observer at the ankle support region.
Marvin does not expressly disclose the first fabric element is a first knit fabric element, the first knit fabric element includes a first thermoplastic polyurethane component.
However, Bell teaches a footwear upper component 118 (i.e. the “overfoot portion 118”; para 27) wherein a fabric element 128 (i.e. “knit layer 128”; para 27) is a first knit fabric element (“knit layer”; para 27), the first knit fabric element includes a first thermoplastic polyurethane component 134 (i.e. “yarn 134”; para 27 wherein said yarn comprises “thermoplastic polyurethane”; para 28).
Bell further teaches a “knitted component” “may provide the article of footwear 100 with advantageous characteristics including, but not limited to, a particular degree of elasticity (for example, as expressed in terms of Young's modulus), breathability, bendability, strength, moisture absorption, weight, abrasion resistance, and/or a combination thereof. These characteristics may be accomplished by selecting a particular single layer or multi-layer knit structure (e.g., a ribbed knit structure, a single jersey knit structure, or a double jersey knit structure), by varying the size and tension of the knit structure...by selecting yarns of a particular size (e.g., denier), and/or a combination thereof. The knitted component 102 may also provide desirable aesthetic characteristics by incorporating yarns having different colors, textures or other visual properties arranged in a particular pattern” (para 18).
Bell further teaches “an advantage to utilizing thermoplastic polyurethane relates to thermal bonding and colorability...thermoplastic polyurethane is relatively easy to bond with other elements..., and colorants may be added to thermoplastic polyurethane through...conventional processes” (para 28).
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 Marvin such that its first fabric element is a first knit fabric element, as in Bell, in order to provide the footwear upper component with one or more of : a particular degree of elasticity; breathability; bendability; strength; moisture absorption; weight; abrasion resistance, and/or desirable aesthetic characteristics achieved by incorporating yarns having different colors, textures or other visual properties arranged in a particular pattern, as taught by Bell (para 28).
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 Marvin such that the first knit fabric element includes a first thermoplastic polyurethane component, as in Bell, in order to permit good thermal bonding between the first thermoplastic polyurethane component and other element(s) and/or to permit the first fabric element to be readily colored for the purpose of providing coloration to the first knit fabric element, as taught by Bell (para 28).
Marvin does not expressly disclose wherein at least a portion of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner, and wherein the bladder component includes the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner.
In further view of Marvin:
Marvin teaches “The exterior and interior layers may alternatively be heat welded or ultrasonic welded together or attached by any other air tight means” (para 85) and teaches the fabric element “attached” to a “urethane film” of the “exterior layer” (para 84).
However, Marvin is silent as to whether such bonding is in an adhesive free manner and is furthermore silent as to whether and to what extent the bladder component is engaged with the fabric element in the adhesive free manner as claimed and specifically whether it is engaged at the ankle region of the footwear upper component as claimed.
However, Elder teaches (Figs. 7A-7B) a footwear upper component (the footwear upper component of Figs. 7A-7B wherein plural layers thereof are molded and joined together to define...upper 14” (para 32) such that the plural layers thereof constitute a footwear upper component) comprising a bladder component 54, 60 (i.e. the combined “first bladder layer 54” and “second bladder layer 60”; paras 34-35) and a first fabric element 48 (i.e. “top layer 48”; para 33; it is noted that Elder teaches element 48 can be “made out of any suitable material, such as a material disclosed in U.S. Patent Publication No. 2010/0199406, filed Feb. 6, 2009 and published Aug. 12, 2010 and/or U.S. Patent Publication No. 2010/0199520, filed Oct. 15, 2009 and published Aug. 12, 2010, the entire disclosures of which are incorporated by reference” further wherein each of the incorporated US Patent Publications discloses a fabric material (i.e. “textile”; Abstract of each) such that Elder teaches element 48 being a fabric element).
Elder further teaches bonding of the first fabric element 48 to the bladder component: “molds 79, 81 can mold the layers 48, 54...heat from the heat source 92 can join the layers 48, 54...together...the outer surface 56 of the first bladder layer 54 can join to the inner surface 52 of the top layer 48”; para 41. Elder further teaches bonding the two bladder layers 54, 60 together so as to form an outer perimeter seam extending around a sealed interior chamber: “molds 79, 81 can mold the layers ...54, 60...heat from the heat source 92 can join the layers...54, 60...together...peripheries of the first and second bladder layers 54, 60 can seal together to define the...chamber[]”; para 41.
Accordingly, Elder teaches joining the first fabric element 48 to the first bladder layer 54 via the heat source during the molding so as to join the two layers 48 and 54 together; Elder also teaches joining the second bladder layer 60 to the first bladder layer 54 via the heat source during the molding so as to form the outer perimeter seam extending around the sealed interior chamber. Elder does not expressly teach which portion(s) of the combined layers are joined together and whether the joining of layers 48 and 54 and the joining of layers 60 and 54 occurs in the same portion(s) of the footwear upper component. However, looking to Figs. 7A-7B, one of ordinary skill would have recognized that as drawn in Figs. 7B, the layer 54 is in contact with both layer 48 and also layer 60 at the outer perimeter seam (Fig. 7B) and further wherein the two layers 48 and 54 are in contact with each other over the entire expanses thereof inside the outer perimeter seam (Fig. 7B) such that one of ordinary skill would expect that the bonding of the three layers 48, 54, 60 could occur at the outer perimeter seam in such a way that all three layers 48, 54, 60 are adjoined together at the outer perimeter seam where layer 54 is in contact with both 48 and 60 and that the bonding of the two layers 48 and 54 could occur at the portion of the footwear upper component inside the outer perimeter seam where layers 48 and 54 are in contact with each other.
In Elder, the first bladder layer 54 is “made from any suitable material, such as thermoplastic polyurethane (TPU)” (para 34) wherein the “layers 48, 54, 60” are “joined together in a substantially simultaneous manner” (para 45) using a “molding apparatus 80” including a “a heat source 92. The heat source 92 can heat the molds 79, 81 or otherwise heat the molding apparatus 80 to change the shape of the layers 48, 54, 60...and join the layers 48, 54, 60...together” such that Elder at least suggests direct bonding of the plural layers to one another via heat welding of the plural layers.
Elder is silent as to bonding in an adhesive free manner.
In further view of Marvin: in Marvin, the bladder layer to which the fabric element is attached is a “urethane film”; and the other bladder layer is a “urethane film” (para 84), further wherein “bladders of the present invention may be made of...polyurethane film” (para 130) whereby “welding...the edges of the first and second film...exterior and interior layers may...be heat welded” (para 85) such that Marvin at least suggests direct bonding of bladder layers to each other via heat welding of the two polyurethane films.
And, as stated above in applying the modification taught by Bell: the first knit fabric element of the modified Marvin includes a first thermoplastic polyurethane component such that the modified Marvin as applied hereinabove is concerned with the bonding of polyurethane layers to each other.
Walker teaches and within the context of “articles of footwear” that “include an upper and a sole structure” (para 1) that plural “layers of thermal plastic urethane” are bonded to one another in an adhesive free manner: “layers of thermal plastic urethane...may be bonded together with heat and pressure. During this lamination process, temperatures in portions of the materials may exceed the glass transition temperature when melting so as to bond melted materials of adjoining layers. The pressure during bonding inter-mixes the melted material” (para 46).
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 Marvin such that a portion of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner, and wherein the bladder component includes the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together at the portion of the outer perimeter seam and also at the ankle region of the footwear upper component.
Regarding claim 2:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 1, as set forth above.
The modified Marvin further meets the limitation wherein the bladder component includes a first thermoplastic sheet (the “urethane film” of the “exterior layer”; para 84) and a second thermoplastic sheet (the “urethane film” of the “interior layer”; para 84) facing the first thermoplastic sheet (so as to define the chamber therebetween), wherein the outer perimeter seam fixes the first thermoplastic sheet to the second thermoplastic sheet (paras 84-85), and wherein a first major interior surface of the first thermoplastic sheet, a first major interior surface of the second thermoplastic sheet, and the outer perimeter seam define the sealed interior chamber (weld lines 210 and the two thermoplastic sheets define the chamber such that major interior surfaces of the thermoplastic sheets and the outer perimeter seam define chamber as claimed), wherein the first thermoplastic sheet includes a first major exterior surface (of the “exterior layer”) opposite the first major interior surface of the first thermoplastic sheet, and wherein at least a portion of the first major exterior surface of the first thermoplastic sheet that defines the sealed interior chamber is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner (via “the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner” as applied to above treatment of claim 1; it is noted that said engagement occurs in the same way that major exterior surface 56 of Walker is engaged with the first fabric element 48 of Walker as described in para 41 of Walker.
Regarding claim 3:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 2, as set forth above.
The modified Marvin further meets the limitation wherein the outer perimeter seam includes: (i) a first seam portion (see annotated Fig. 2 – b below) engaging a first side of the first thermoplastic sheet with a first side of the second thermoplastic sheet and (ii) a second seam portion (see annotated Fig. 2 – b below) engaging a second side of the first thermoplastic sheet with a second side of the second thermoplastic sheet, wherein the first seam portion is located on an opposite side of the sealed interior chamber from the second seam portion (as in Fig. 2).
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As applied to claim 2 above, the modified Marvin does not meet the limitation wherein the portion of the first major exterior surface of the first thermoplastic sheet that is bonded to the first thermoplastic polyurethane component of the first knit fabric element extends continuously from the first seam portion to the second seam portion.
However, 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 Marvin such that the portion of the first major exterior surface of the first thermoplastic sheet that is bonded to the first thermoplastic polyurethane component of the first knit fabric element extends continuously from the first seam portion to the second seam portion in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together continuously from the first seam portion to the second seam portion.
Regarding claim 4:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 2, as set forth above.
The modified Marvin as applied to claim 2 above does not meet the limitation wherein at least 50% of a surface area of the first major exterior surface of the first thermoplastic sheet is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner.
However and in further view of Elder:
Elder further teaches bonding of the first fabric element 48 to the bladder component so as to bond a portion of a first major exterior surface 56 (of layer 54) to the fabric element 48: “molds 79, 81 can mold the layers 48, 54...heat from the heat source 92 can join the layers 48, 54...together...the outer surface 56 of the first bladder layer 54 can join to the inner surface 52 of the top layer 48”; para 41. Elder further teaches bonding the two bladder layers 54, 60 together so as to form an outer perimeter seam extending around a sealed interior chamber: “molds 79, 81 can mold the layers ...54, 60...heat from the heat source 92 can join the layers...54, 60...together...peripheries of the first and second bladder layers 54, 60 can seal together to define the...chamber[]”; para 41.
Accordingly, Elder teaches joining the first fabric element 48 to a first major exterior surface of the first bladder layer 54 via the heat source during the molding so as to join the two layers 48 and 54 together; Elder also teaches joining the second bladder layer 60 to the first bladder layer 54 via the heat source during the molding so as to form the outer perimeter seam extending around the sealed interior chamber. Elder does not expressly teach which portion(s) of the combined layers are joined together and whether the joining of layers 48 and 54 and the joining of layers 60 and 54 occurs in the same portion(s) of the footwear upper component. However, looking to Figs. 7A-7B, one of ordinary skill would have recognized that as drawn in Figs. 7B, the layer 54 is in contact with both layer 48 and also layer 60 at the outer perimeter seam (Fig. 7B) and further wherein the two layers 48 and 54 are in contact with each other over the entire expanses thereof inside the outer perimeter seam (Fig. 7B) such that one of ordinary skill would expect that the bonding of the three layers 48, 54, 60 could occur at the outer perimeter seam in such a way that all three layers 48, 54, 60 are adjoined together at the outer perimeter seam where layer 54 is in contact with both 48 and 60 and that the bonding of the first major exterior surface 56 of layer 54 to layer 48 could occur at the portion of the footwear upper component inside the outer perimeter seam where layers 48 and 54 are in contact with each other.
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 Marvin such that wherein at least 50% of a surface area of the first major exterior surface of the first thermoplastic sheet is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together over at least 50% of a surface area of the first major exterior surface.
Regarding claim 7:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 1, as set forth above.
Marvin further discloses wherein the outer perimeter seam extends continuously and completely around the sealed interior chamber (Fig. 2).
The modified Marvin as applied to claim 1 above does not meet the limitation wherein at least 90% of a surface area of one surface of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner.
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 Marvin such that at least 90% of a surface area of one surface of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder are durably secured to each other over at least 90% of a surface area of one surface of the outer perimeter seam.
Regarding claim 8:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 1, as set forth above.
The modified Marvin further meets the limitation wherein the outer perimeter seam includes a thermoplastic polyurethane material bonded to the first thermoplastic polyurethane component of the first knit fabric element by a melt bonded joint (i.e. in the adhesive free manner as described in Walker: “layers of thermal plastic urethane...may be bonded together with heat and pressure. During this lamination process, temperatures in portions of the materials may exceed the glass transition temperature when melting so as to bond melted materials of adjoining layers. The pressure during bonding inter-mixes the melted material” (para 46 of Walker)).
Regarding claim 21:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 2, as set forth above.
The modified Marvin as applied to claim 2 above does not meet the limitation wherein at least 80% of a surface area of the first major exterior surface of the first thermoplastic sheet is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner.
However and in further view of Elder:
Elder further teaches bonding of the first fabric element 48 to the bladder component so as to bond a portion of a first major exterior surface 56 (of layer 54) to the fabric element 48: “molds 79, 81 can mold the layers 48, 54...heat from the heat source 92 can join the layers 48, 54...together...the outer surface 56 of the first bladder layer 54 can join to the inner surface 52 of the top layer 48”; para 41. Elder further teaches bonding the two bladder layers 54, 60 together so as to form an outer perimeter seam extending around a sealed interior chamber: “molds 79, 81 can mold the layers ...54, 60...heat from the heat source 92 can join the layers...54, 60...together...peripheries of the first and second bladder layers 54, 60 can seal together to define the...chamber[]”; para 41.
Accordingly, Elder teaches joining the first fabric element 48 to a first major exterior surface of the first bladder layer 54 via the heat source during the molding so as to join the two layers 48 and 54 together; Elder also teaches joining the second bladder layer 60 to the first bladder layer 54 via the heat source during the molding so as to form the outer perimeter seam extending around the sealed interior chamber. Elder does not expressly teach which portion(s) of the combined layers are joined together and whether the joining of layers 48 and 54 and the joining of layers 60 and 54 occurs in the same portion(s) of the footwear upper component. However, looking to Figs. 7A-7B, one of ordinary skill would have recognized that as drawn in Figs. 7B, the layer 54 is in contact with both layer 48 and also layer 60 at the outer perimeter seam (Fig. 7B) and further wherein the two layers 48 and 54 are in contact with each other over the entire expanses thereof inside the outer perimeter seam (Fig. 7B) such that one of ordinary skill would expect that the bonding of the three layers 48, 54, 60 could occur at the outer perimeter seam in such a way that all three layers 48, 54, 60 are adjoined together at the outer perimeter seam where layer 54 is in contact with both 48 and 60 and that the bonding of the first major exterior surface 56 of layer 54 to layer 48 could occur at the portion of the footwear upper component inside the outer perimeter seam where layers 48 and 54 are in contact with each other.
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 Marvin such that wherein at least 80% of a surface area of the first major exterior surface of the first thermoplastic sheet is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together over at least 80% of a surface area of the first major exterior surface.
Regarding claim 22:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 1, as set forth above.
The modified Marvin further meets the limitation wherein the first thermoplastic polyurethane component is provided as a yarn formed by or coated with a thermoplastic polyurethane material, wherein the yarn is formed into the first knit fabric element (i.e. as in Bell and applied to claim 1 above wherein, as stated above, Bell knit fabric element 128 (i.e. “knit layer 128”; para 27) is a first knit fabric element (“knit layer”; para 27), the first knit fabric element includes a first thermoplastic polyurethane component 134 (i.e. “yarn 134”; para 27 wherein said yarn comprises “thermoplastic polyurethane”; para 28)).
Regarding claim 23:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 22, as set forth above.
The modified Marvin further meets the limitation wherein the bladder component includes a first thermoplastic polyurethane layer (the “urethane film” of the “exterior layer”; para 84) and a second thermoplastic polyurethane layer (the “urethane film” of the “interior layer”; para 84) facing the first thermoplastic polyurethane layer (so as to define the chamber therebetween), wherein the outer perimeter seam fixes the first thermoplastic polyurethane layer to the second thermoplastic polyurethane layer (paras 84-85), and wherein at least the portion of the outer perimeter seam bonded to the first polyurethane component of the first knit fabric element in the adhesive free manner includes the first thermoplastic polyurethane layer bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner (via the “portion of the outer perimeter seam is bonded to the first thermoplastic polyurethane component of the first knit fabric” as applied to above treatment of claim 1; it is noted that said engagement bonding occurs in the adhesive free manner as described in Walker: “layers of thermal plastic urethane...may be bonded together with heat and pressure. During this lamination process, temperatures in portions of the materials may exceed the glass transition temperature when melting so as to bond melted materials of adjoining layers. The pressure during bonding inter-mixes the melted material” (para 46 of Walker).
Regarding claim 24:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 23, as set forth above.
The modified Marvin further meets the limitation wherein a first major interior surface of the first thermoplastic polyurethane layer, a first major interior surface of the second thermoplastic polyurethane layer, and the outer perimeter seam define the sealed interior chamber (weld lines 210 and the two thermoplastic sheets define the chamber such that major interior surfaces of the thermoplastic layers and the outer perimeter seam define chamber as claimed), wherein the first thermoplastic polyurethane layer includes a first major exterior surface (of the “exterior layer”) opposite the first major interior surface of the first thermoplastic polyurethane layer, and wherein at least a portion of the first major exterior surface of the first thermoplastic polyurethane layer that defines the sealed interior chamber is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner (via “the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner” as applied to above treatment of claim 1; it is noted that said engagement occurs in the same way that major exterior surface 56 of Walker is engaged with the first fabric element 48 of Walker as described in para 41 of Walker).
Regarding claim 25:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 24, as set forth above.
The modified Marvin as applied to claim 24 above does not meet the limitation wherein at least 50% of a surface area of the first major exterior surface of the first thermoplastic polyurethane layer is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner.
However and in further view of Elder:
Elder further teaches bonding of the first fabric element 48 to the bladder component so as to bond a portion of a first major exterior surface 56 (of layer 54) to the fabric element 48: “molds 79, 81 can mold the layers 48, 54...heat from the heat source 92 can join the layers 48, 54...together...the outer surface 56 of the first bladder layer 54 can join to the inner surface 52 of the top layer 48”; para 41. Elder further teaches bonding the two bladder layers 54, 60 together so as to form an outer perimeter seam extending around a sealed interior chamber: “molds 79, 81 can mold the layers ...54, 60...heat from the heat source 92 can join the layers...54, 60...together...peripheries of the first and second bladder layers 54, 60 can seal together to define the...chamber[]”; para 41.
Accordingly, Elder teaches joining the first fabric element 48 to a first major exterior surface of the first bladder layer 54 via the heat source during the molding so as to join the two layers 48 and 54 together; Elder also teaches joining the second bladder layer 60 to the first bladder layer 54 via the heat source during the molding so as to form the outer perimeter seam extending around the sealed interior chamber. Elder does not expressly teach which portion(s) of the combined layers are joined together and whether the joining of layers 48 and 54 and the joining of layers 60 and 54 occurs in the same portion(s) of the footwear upper component. However, looking to Figs. 7A-7B, one of ordinary skill would have recognized that as drawn in Figs. 7B, the layer 54 is in contact with both layer 48 and also layer 60 at the outer perimeter seam (Fig. 7B) and further wherein the two layers 48 and 54 are in contact with each other over the entire expanses thereof inside the outer perimeter seam (Fig. 7B) such that one of ordinary skill would expect that the bonding of the three layers 48, 54, 60 could occur at the outer perimeter seam in such a way that all three layers 48, 54, 60 are adjoined together at the outer perimeter seam where layer 54 is in contact with both 48 and 60 and that the bonding of the first major exterior surface 56 of layer 54 to layer 48 could occur at the portion of the footwear upper component inside the outer perimeter seam where layers 48 and 54 are in contact with each other.
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 Marvin such that wherein at least 50% of a surface area of the first major exterior surface of the first thermoplastic polyurethane layer is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together over at least 50% of a surface area of the first major exterior surface.
Regarding claim 26:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 25, as set forth above.
The modified Marvin further meets the limitation wherein the outer perimeter seam includes: (i) a first seam portion (see annotated Fig. 2 – b presented in above addressing of claim 3) engaging a first side of the first thermoplastic polyurethane layer with a first side of the second thermoplastic polyurethane layer and (ii) a second seam portion (see annotated Fig. 2 – b presented in above addressing of claim 3) engaging a second side of the first thermoplastic polyurethane layer with a second side of the second thermoplastic polyurethane layer, wherein the first seam portion is located on an opposite side of the sealed interior chamber from the second seam portion (as in Fig. 2),
As applied to claim 25 above, the modified Marvin does not meet the limitation wherein the portion of the first major exterior surface of the first thermoplastic polyurethane layer that is bonded to the first thermoplastic polyurethane component of the first knit fabric element extends continuously from the first seam portion to the second seam portion.
However, 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 Marvin such that the portion of the first major exterior surface of the first thermoplastic polyurethan layer that is bonded to the first thermoplastic polyurethane component of the first knit fabric element extends continuously from the first seam portion to the second seam portion in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together continuously from the first seam portion to the second seam portion.
Regarding claim 27:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 24, as set forth above.
The modified Marvin as applied to claim 24 above does not meet the limitation wherein at least 80% of a surface area of the first major exterior surface of the first thermoplastic polyurethane layer is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner.
However and in further view of Elder:
Elder further teaches bonding of the first fabric element 48 to the bladder component so as to bond a portion of a first major exterior surface 56 (of layer 54) to the fabric element 48: “molds 79, 81 can mold the layers 48, 54...heat from the heat source 92 can join the layers 48, 54...together...the outer surface 56 of the first bladder layer 54 can join to the inner surface 52 of the top layer 48”; para 41. Elder further teaches bonding the two bladder layers 54, 60 together so as to form an outer perimeter seam extending around a sealed interior chamber: “molds 79, 81 can mold the layers ...54, 60...heat from the heat source 92 can join the layers...54, 60...together...peripheries of the first and second bladder layers 54, 60 can seal together to define the...chamber[]”; para 41.
Accordingly, Elder teaches joining the first fabric element 48 to a first major exterior surface of the first bladder layer 54 via the heat source during the molding so as to join the two layers 48 and 54 together; Elder also teaches joining the second bladder layer 60 to the first bladder layer 54 via the heat source during the molding so as to form the outer perimeter seam extending around the sealed interior chamber. Elder does not expressly teach which portion(s) of the combined layers are joined together and whether the joining of layers 48 and 54 and the joining of layers 60 and 54 occurs in the same portion(s) of the footwear upper component. However, looking to Figs. 7A-7B, one of ordinary skill would have recognized that as drawn in Figs. 7B, the layer 54 is in contact with both layer 48 and also layer 60 at the outer perimeter seam (Fig. 7B) and further wherein the two layers 48 and 54 are in contact with each other over the entire expanses thereof inside the outer perimeter seam (Fig. 7B) such that one of ordinary skill would expect that the bonding of the three layers 48, 54, 60 could occur at the outer perimeter seam in such a way that all three layers 48, 54, 60 are adjoined together at the outer perimeter seam where layer 54 is in contact with both 48 and 60 and that the bonding of the first major exterior surface 56 of layer 54 to layer 48 could occur at the portion of the footwear upper component inside the outer perimeter seam where layers 48 and 54 are in contact with each other.
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 Marvin such that wherein at least 80% of a surface area of the first major exterior surface of the first thermoplastic polyurethane layer is bonded to the first thermoplastic polyurethane component of the first knit fabric element in the adhesive free manner in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together over at least 80% of a surface area of the first major exterior surface.
Regarding claim 28:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 23, as set forth above.
The modified Marvin further meets the limitation wherein the outer perimeter seam includes: (i) a first seam portion (see annotated Fig. 2 – b presented in above addressing of claim 3) engaging a first side of the first thermoplastic polyurethane layer with a first side of the second thermoplastic polyurethane layer and (ii) a second seam portion (see annotated Fig. 2 – b presented in above addressing of claim 3) engaging a second side of the first thermoplastic polyurethane layer with a second side of the second thermoplastic polyurethane layer, wherein the first seam portion is located on an opposite side of the sealed interior chamber from the second seam portion (as in Fig. 2), and wherein at least a portion of a first major exterior surface of the first thermoplastic polyurethane layer that defines the sealed interior chamber is bonded to the first thermoplastic polyurethane component of the first knit fabric in an adhesive free manner (via “the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner” as applied to above treatment of claim 1; it is noted that said engagement occurs in the same way that major exterior surface 56 of Walker is engaged with the first fabric element 48 of Walker as described in para 41 of Walker).
As applied to claim 23 above, the modified Marvin does not meet the limitation wherein at least a portion of a first major exterior surface of the first thermoplastic polyurethane layer that defines the sealed interior chamber is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner and extends continuously from the first seam portion to the second seam portion.
However, 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 Marvin such that at least a portion of a first major exterior surface of the first thermoplastic polyurethane layer that defines the sealed interior chamber is bonded to the first thermoplastic polyurethane component of the first knit fabric element in an adhesive free manner and extends continuously from the first seam portion to the second seam portion in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together continuously from the first seam portion to the second seam portion.
Regarding claim 29:
Marvin in view of Bell, Elder, and Walker teach The footwear upper component according to claim 1, as set forth above.
Marvin further discloses wherein the bladder component further includes an instep region (see annotated Fig. 2 – c below) and a fluid line (see annotated Fig. 2 – c below) connecting the instep region to the ankle support region and placing the instep region in fluid communication with the ankle support region (paras 86-88; Fig. 2).
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Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Marvin, US 2006/0130370] in view of [Bell, US 2020/0297069], [Elder, US 2013/0283640] and [Walker, US 2016/0345663].
Regarding claim 30:
Marvin discloses:
A footwear upper component 230, comprising:
a first fabric element (the “fabric...attached” to the “urethane film” of the “exterior layer”; para 84)
a bladder component (the “urethane film” of the “exterior layer” combined with the “interior layer”; para 84) that defines a sealed interior chamber for containing a fluid (“interior layer is attached to the exterior layer along air-tight periphery weld lines 210. The periphery weld lines 210 attach the exterior layer to the interior layer and create a barrier to keep air between the layers”; para 84), wherein the bladder component includes a first major exterior surface (of the “exterior layer”), a second major exterior surface (of the “interior layer”) located opposite the first major exterior surface (so as to define the sealed interior chamber therebetween), and an outer perimeter seam 210 that extends at least partially around the sealed interior chamber (para 84; Fig. 2), wherein the bladder component includes an ankle support region (see annotated Fig. 2 – a presented in above treatment of claim 1).
Marvin does not expressly disclose the first fabric element forms an ankle region of the footwear upper component; the bladder component includes the ankle support region at the ankle region of the footwear upper component.
However and in further view of Marvin: Marvin in describing the first fabric element teaches “the exterior layer may be a laminate formed from the combination of a urethane film and a...fabric ...attached thereto” (para 84). Marvin is silent as to the extent of the first fabric element and whether or not it is coextensive with the urethane film and/or whether it is present at the ankle support region of the bladder such that Marvin does not expressly disclose the first fabric element (i.e. the “fabric” of para 84) forming an ankle region.
However and in further view of Marvin: Marvin as embodied in para 86 teaches that because a footwear upper component “forms at least a portion of an exterior and/or an interior surface of upper ...a bladder of the present invention may also be formed with a...layer of external material bonded or laminated to one or both of the exterior and interior layers...One suitable material is LYCRA™...Alternatively, one or both of the exterior and interior layers may be bonded to...any type of synthetic material, or any other material that would be available to one skilled in the art, or that is typically used in the production of a shoe. In a preferred embodiment, the bladder with or without the bonded material forms a portion of both the exterior and the interior of the shoe” (para 86).
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 footwear upper component of Marvin such that its first fabric element is coextensive with its bladder component such that the first fabric element forms an ankle region of the footwear upper component such that the bladder component includes the ankle support region at the ankle region of the footwear upper component in order to yield the predictable result of a footwear upper whose first fabric element is capable of forming an exterior and/or interior of a shoe at the ankle support region of the bladder in order to permit the first fabric element to protect the bladder from damage and/or abrasion at the ankle support region; and/or to permit the first fabric element to present the aesthetic appearance of the first fabric element to a user and/or an observer at the ankle support region.
Marvin does not expressly disclose the first fabric element is a first knit fabric element, the first knit fabric element includes a first thermoplastic polyurethane component.
However, Bell teaches a footwear upper component 118 (i.e. the “overfoot portion 118”; para 27) wherein a fabric element 128 (i.e. “knit layer 128”; para 27) is a first knit fabric element (“knit layer”; para 27), the first knit fabric element includes a first thermoplastic polyurethane component 134 (i.e. “yarn 134”; para 27 wherein said yarn comprises “thermoplastic polyurethane”; para 28).
Bell further teaches a “knitted component” “may provide the article of footwear 100 with advantageous characteristics including, but not limited to, a particular degree of elasticity (for example, as expressed in terms of Young's modulus), breathability, bendability, strength, moisture absorption, weight, abrasion resistance, and/or a combination thereof. These characteristics may be accomplished by selecting a particular single layer or multi-layer knit structure (e.g., a ribbed knit structure, a single jersey knit structure, or a double jersey knit structure), by varying the size and tension of the knit structure...by selecting yarns of a particular size (e.g., denier), and/or a combination thereof. The knitted component 102 may also provide desirable aesthetic characteristics by incorporating yarns having different colors, textures or other visual properties arranged in a particular pattern” (para 18).
Bell further teaches “an advantage to utilizing thermoplastic polyurethane relates to thermal bonding and colorability...thermoplastic polyurethane is relatively easy to bond with other elements..., and colorants may be added to thermoplastic polyurethane through...conventional processes” (para 28).
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 Marvin such that its first fabric element is a first knit fabric element, as in Bell, in order to provide the footwear upper component with one or more of : a particular degree of elasticity; breathability; bendability; strength; moisture absorption; weight; abrasion resistance, and/or desirable aesthetic characteristics achieved by incorporating yarns having different colors, textures or other visual properties arranged in a particular pattern, as taught by Bell (para 28).
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 Marvin such that the first knit fabric element includes a first thermoplastic polyurethane component, as in Bell, in order to permit good thermal bonding between the first thermoplastic polyurethane component and other element(s) and/or to permit the first fabric element to be readily colored for the purpose of providing coloration to the first knit fabric element, as taught by Bell (para 28).
Marvin does not expressly disclose wherein at least 50% of a surface area of the first major exterior surface is bonded to the first thermoplastic polyurethane component of the first knit fabric in an adhesive free manner, and wherein the bladder component includes the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner.
In further view of Marvin:
Marvin teaches “The exterior and interior layers may alternatively be heat welded or ultrasonic welded together or attached by any other air tight means” (para 85) and teaches the fabric element “attached” to a “urethane film” of the “exterior layer” (para 84).
However, Marvin is silent as to whether such bonding is in an adhesive free manner and is furthermore silent as to whether and to what extent the bladder component is engaged with the fabric element in the adhesive free manner as claimed and specifically whether it is engaged at the ankle region of the footwear upper component as claimed.
However, Elder teaches (Figs. 7A-7B) a footwear upper component (the footwear upper component of Figs. 7A-7B wherein plural layers thereof are molded and joined together to define...upper 14” (para 32) such that the plural layers thereof constitute a footwear upper component) comprising a bladder component 54, 60 (i.e. the combined “first bladder layer 54” and “second bladder layer 60”; paras 34-35) and a first fabric element 48 (i.e. “top layer 48”; para 33; it is noted that Elder teaches element 48 can be “made out of any suitable material, such as a material disclosed in U.S. Patent Publication No. 2010/0199406, filed Feb. 6, 2009 and published Aug. 12, 2010 and/or U.S. Patent Publication No. 2010/0199520, filed Oct. 15, 2009 and published Aug. 12, 2010, the entire disclosures of which are incorporated by reference” further wherein each of the incorporated US Patent Publications discloses a fabric material (i.e. “textile”; Abstract of each) such that Elder teaches element 48 being a fabric element).
Elder further teaches bonding of the first fabric element 48 to the bladder component so as to bond a portion of a first major exterior surface 56 (of layer 54) to the fabric element 48: “molds 79, 81 can mold the layers 48, 54...heat from the heat source 92 can join the layers 48, 54...together...the outer surface 56 of the first bladder layer 54 can join to the inner surface 52 of the top layer 48”; para 41. Elder further teaches bonding the two bladder layers 54, 60 together so as to form an outer perimeter seam extending around a sealed interior chamber: “molds 79, 81 can mold the layers ...54, 60...heat from the heat source 92 can join the layers...54, 60...together...peripheries of the first and second bladder layers 54, 60 can seal together to define the...chamber[]”; para 41.
Accordingly, Elder teaches joining the first fabric element 48 to a first major exterior surface of the first bladder layer 54 via the heat source during the molding so as to join the two layers 48 and 54 together; Elder also teaches joining the second bladder layer 60 to the first bladder layer 54 via the heat source during the molding so as to form the outer perimeter seam extending around the sealed interior chamber. Elder does not expressly teach which portion(s) of the combined layers are joined together and whether the joining of layers 48 and 54 and the joining of layers 60 and 54 occurs in the same portion(s) of the footwear upper component. However, looking to Figs. 7A-7B, one of ordinary skill would have recognized that as drawn in Figs. 7B, the layer 54 is in contact with both layer 48 and also layer 60 at the outer perimeter seam (Fig. 7B) and further wherein the two layers 48 and 54 are in contact with each other over the entire expanses thereof inside the outer perimeter seam (Fig. 7B) such that one of ordinary skill would expect that the bonding of the three layers 48, 54, 60 could occur at the outer perimeter seam in such a way that all three layers 48, 54, 60 are adjoined together at the outer perimeter seam where layer 54 is in contact with both 48 and 60 and that the bonding of the first major exterior surface 56 of layer 54 to layer 48 could occur at the portion of the footwear upper component inside the outer perimeter seam where layers 48 and 54 are in contact with each other.
In Elder, the first bladder layer 54 is “made from any suitable material, such as thermoplastic polyurethane (TPU)” (para 34) wherein the “layers 48, 54, 60” are “joined together in a substantially simultaneous manner” (para 45) using a “molding apparatus 80” including a “a heat source 92. The heat source 92 can heat the molds 79, 81 or otherwise heat the molding apparatus 80 to change the shape of the layers 48, 54, 60...and join the layers 48, 54, 60...together” such that Elder at least suggests direct bonding of the plural layers to one another via heat welding of the plural layers.
Elder is silent as to bonding in an adhesive free manner.
In further view of Marvin: in Marvin, the bladder layer to which the fabric element is attached is a “urethane film”; and the other bladder layer is a “urethane film” (para 84), further wherein “bladders of the present invention may be made of...polyurethane film” (para 130) whereby “welding...the edges of the first and second film...exterior and interior layers may...be heat welded” (para 85) such that Marvin at least suggests direct bonding of bladder layers to each other via heat welding of the two polyurethane films.
And, as stated above in applying the modification taught by Bell: the first knit fabric element of the modified Marvin includes a first thermoplastic polyurethane component such that the modified Marvin as applied hereinabove is concerned with the bonding of polyurethane layers to each other.
Walker teaches and within the context of “articles of footwear” that “include an upper and a sole structure” (para 1) that plural “layers of thermal plastic urethane” are bonded to one another in an adhesive free manner: “layers of thermal plastic urethane...may be bonded together with heat and pressure. During this lamination process, temperatures in portions of the materials may exceed the glass transition temperature when melting so as to bond melted materials of adjoining layers. The pressure during bonding inter-mixes the melted material” (para 46).
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 Marvin such that at least 50% of a surface area of the first major exterior surface is bonded to the first thermoplastic polyurethane component of the first knit fabric in an adhesive free manner, and wherein the bladder component includes the ankle support region engaged with the first knit fabric element at the ankle region of the footwear upper component in the adhesive free manner in order to yield the predictable result of a footwear upper component whose first knit fabric element and bladder component are durably secured together over at least 50% of a surface area of the first major exterior surface and also at the ankle region of the footwear upper component.
Conclusion
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.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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