DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/02/2025 has been entered.
Response to Amendment
Applicant’s amendment of 04/02/2025 is acknowledged.
Claims 1-10 and 21-30 are presented.
Claims 29-30 are newly presented.
Claims 1 and 30 are presented in independent form.
Claim 1 is amended.
Claims 5-6 and 9-10 remain withdrawn.
The present Office action treats claims 1-4, 7-8, and 21-30 on the merits.
Response to Arguments
Applicant’s REMARKS of 04/02/2025 (see p. 9-11 of the reply) are fully considered.
Regarding Claims Patentably Distinguish from the Cited Art (p. 9-11): Applicant’s arguments are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 7-8, and 21-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Marvin, US 2006/0130370, newly cited] in view of [Bell, US 2020/0297069, newly cited], [Elder, US 2013/0283640, previously cited] and [Walker, US 2016/0345663, newly cited].
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, newly cited] in view of [Bell, US 2020/0297069, newly cited], [Elder, US 2013/0283640, previously cited] and [Walker, US 2016/0345663, newly cited].
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
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732