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 Amendment
The amendment filed 7/16/26 has been entered. Claims 1-12, 14, 17-19, 21-24 remain pending in the application, with claims 11, 12, 14, 17-19 remaining withdrawn.
Drawings
The drawings are objected to because:
Fig. 7 has a lead line with no reference numeral with it, next to 316; as best understood, the lead line should read “308”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Though supported via [0047], the recitations of Claims 5, 21 are not in the specification
Though supported via [0054], recitations of Claims 22-24 are not in the specification
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 “first degree of compressibility of the first inlaid yarn is different from a second degree of compressibility of the second inlaid yarn” is new matter. Recitations pertaining to degree of compressibility are found in [0047], [0048], such as through changing the thickness of the inlaid yarn. However, the varying compressibility is directed to the areas in which the inlaid yarn exists, not to the inlaid yarn itself.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
FIRST REJECTION: Claim(s) 1-4, 7, 8, 10, 23, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Craig (US Publication 2014/0137434) in view of Richard (EP 3123989) Yao (USPN 10493881), and Greene (USPN 9295298).
Regarding Claim 1, Craig teaches an article of footwear (see Figs. 1, 14A; [0026] "article of footwear 100…including a sole structure 110 and an upper 120") comprising:
an upper (120) that includes a knitted component ([0030] "upper 120 is formed from a knitted component 130"), the knitted component comprising:
a knit element ([0057] "knitted component 130 includes tongue portion 132"; [0053] "referring to Fig. 14E, tongue portion 132 is formed to have the configuration of a spacer material…to provide cushioning"), comprising:
a first discrete shape (132);
a sole secured to the upper (see Fig. 1; [0026] "article of footwear 100…including a sole structure 110 and an upper 120"; [0026] "sole structure 110 is secured to a lower area of upper 120").
Craig does not explicitly teach that the knit element comprising:
a plurality of yarns;
a first layer forming a first surface of the knit element and comprising a first course; a second layer forming an opposite second surface of the knit element and comprising a second course;
a secured area where the first layer and the second layer are secured together, wherein at least a first knit loop of the first course of the knit element is intermeshed with a second knit loop of the second course of the knit element;
a first unsecured area comprising a first discrete shape, where the first layer and the second layer are separated from one another, forming a first cavity therebetween,
a first inlaid yarn extending between the first layer and the second layer of the knit element in the first unsecured area,
wherein the first inlaid yarn has a first diameter in the first unsecured area,
and wherein the first inlaid yarn has a second diameter in the secured area.
Richard teaches the knit element (see Fig. 1; [0006] "invention relates to a compression orthosis which comprises a first knitted zone…and a second zone"; [0022] "orthosis 1 has…rear portion 4"; [0022] "rear portion 4 has a substantially rectangular surface 9"; [0028] "substantially rectangular surface 9 corresponds to a second zone Z2") comprising:
a plurality of yarns ([0006] "first knitted zone comprising a first yarn, a second yarn, and an elastic weft yarn inserted between the first and the second yarn…second zone in which the first yarn …second yarn…and the elastic weft yarn…forms"; [0025] "first knitted zone Z1 comprises a first yarn 12, a second yarn 14 and an elastic weft yarn 16"; [0028] "second zone Z2 in which the first yarn 12 forms...the second yarn 14 forms...elastic weft yarn 16...forms");
a first layer forming a first surface of the knit element and comprising a first course; a second layer forming an opposite second surface of the knit element and comprising a second course (see annotated Fig. 7 below; [0025] indicates that the first/second layers are knitted, and therefore of first/second courses, further shown in Fig. 7);
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a secured area (Z1) where the first layer and the second layer are secured together, wherein at least a first knit loop of the first course of the knit element is intermeshed with a second knit loop of the second course of the knit element (see Fig. 7 for Z1; [0024] "orthosis 1 has a first knitted zone Z1", where Z1 in Fig. 7 clearly shows a first knit loop of the first course formed by 14 intermeshing with a second knit loop of the second course formed by 12, and therefore secures together first/second layers);
a first unsecured area (Z2) comprising a discrete shape, where the first layer and the second layer are separated from one another, forming a cavity therebetween (for discrete shape—see Figs. 1, 3, 5, 8; see Fig. 7 for Z2; second knit loop where 14 is located in Z2; [0028] "second yarn 14 forms an outer knitted ply 24"; wherein Z2 clearly shows a separation between layers and a cavity, furthermore so with the existence of 16 between; see Fig. 7 above for first/second layers separated from one another such as at the cavity);
a first inlaid yarn (16) between the first layer and the second layer of the knit element in the first unsecured area (see Fig. 7; [0026] "weft elastic yarn 16 has at least one float which forms an intermediate ply 26 between the inner knitted ply 22 and the outer knitted ply 24", wherein 16 extends through courses formed by 12 and 14 within Z1),
wherein the first inlaid yarn has a first diameter in the first unsecured area (the existence of the inlaid yarn in the unsecured area indicates a first diameter),
and wherein the first inlaid yarn has a second diameter in the secured area (the existence of the inlaid yarn in the secured area indicates a second diameter).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s knit with that of Richard’s as a simple substitution of one knit with a spacer material for another to provide comfort ([0003],[0005]).
Modified Craig does not explicitly teach wherein the first inlaid yarn is expanded in the first unsecured area,
and wherein the first inlaid yarn is compressed in the secured area.
Yao teaches wherein the first inlaid yarn is expanded/texturized to loft (see Fig. 6; Col. 5 Lines 35-37 "definition of cubic knitting:...the thickness...is increased by stuffing loose yarn during the knitting"; Col. 5 Lines 42-44 "stuffing loose yarn in cubic knitting is as shown in Figs. 3-6. At least one loose yarn is located between pieces of double-sided fabric"; Col. 4 Lines 46-47 "due to the fluffy property of loose yarn, the thickness of the fabric may be set as required"; Col. 5 Lines 58-60 "thickness of the bag tissue is increased due to the fluffy property of the loose yarn"; Col. 5 Lines 60-67; Col. 5 Line 67-Col. 6 Line 3 "as yarns for the purpose of filling, yarns, such as...textured yarns which have excellent fluffy effect, are usually used", wherein the texturing indicates expanded to fluff/loft).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s inlaid yarn as provided by Richard to be expanded/texturized to loft as taught by Yao in order to provide the option of varying thickness depending on the desired cushioning (Col. 5 Lines 60-67).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Craig teaches wherein the first inlaid yarn is expanded/texturized to loft in the first unsecured area (the inlaid yarn is in the unsecured area as provided by Richard and is expanded via texturizing as taught by Yao in Craig’s shoe, especially in light of Col. 5 Lines 60-67 of Yao),
and wherein the first inlaid yarn is compressed in the secured area (the secured area has first/second layers connected to each other as taught by Richard which would therefore compress the inlaid yarn therebetween, especially in light of Col. 5 Lines 60-67 of Yao, all within Craig’s shoe).
Modified Craig also does not explicitly teach and a second unsecured area separate from the first unsecured area, and therefore:
the second unsecured area comprising a second discrete shape where the first layer and the second layer are separated from one another and forming a second cavity therebetween;
a second inlaid yarn extending between the first layer and the second layer of the knit element in the second unsecured area,
wherein the second inlaid yarn is expanded and has a third diameter in the second unsecured area,
and wherein the second inlaid yarn is compressed and has a fourth diameter in the secured area,
wherein the secured area separates the first unsecured area and the second unsecured area.
However, the aforementioned is already taught for the first discrete shape, and therefore would be taught as long as the structure of modified Craig (with Richard and Yao) were taught in a second discrete shape separate from the first discrete shape formed with the aforementioned.
Furthermore, Craig already taught that the first discrete shape was an interior tongue knit component (spacer).
Greene teaches a first discrete shape as an interior tongue knit component and a second discrete shape as an exterior collar knit component (see Figs. 1, 18; Col. 2 Lines 26-30 "upper may include a tongue element having a knitted component…compressible material may be located within a cavity of the knitted component"; Col. 2 Lines 34-37 "the upper may include a collar element having a knitted exterior…and an interior surface…a plurality of floating yarns may be located within a cavity of the knitted element"; Col. 13 Lines 35-37 "each of tongue element 40, collar element 50, and collar-throat element 60 includes a compressible area and a flange area").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig to have the exterior knit component collar in conjunction with the interior tongue knit component as taught by Green as known combination in footwear to provide comfort (Col. 13 Lines 37-38).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Craig teaches the aforementioned (Craig’s collar, provided by Greene, would have the same spacer arrangement as in the tongue, as provided by Richard and Yao, especially as it is known in the art that spacers provide both cushioning and comfort, see extrinsic evidence Bier et al USPN 9585435, and Craig’s collar desires knit comfort, thereby provided by Richard and Yao’s spacer arrangement).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Craig teaches wherein the secured area separates the first unsecured area and the second unsecured area (inasmuch as the first/second unsecured areas are of separate first/second discrete shapes with same secured areas of Richard, the secured area separates the first/second discrete shapes).
Regarding Claim 2, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig at least suggests wherein the first diameter is at least 50% larger than the second diameter (Yao Col. 5 Lines 60-67).
Modified Craig discloses the general conditions of the claimed invention except for the express disclosure of the first diameter being at least 50% larger than the second diameter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the first diameter at least 50% larger than the second diameter, since the claimed values are merely an optimum or workable range, based on intended use. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Especially absent a showing of criticality with respect to the ratio of the diameters (applicant specification [0041]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s knit as provided by Richard with the areas of thickness/thinness as taught by Yao in order to provide the option of varying thickness depending on the desired cushioning (Col. 5 Lines 60-67), such that the first diameter is at least 50% larger than the second diameter depending on the amount of cushioning desired, without unexpected results.
Regarding Claim 3, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig further teaches wherein the first inlaid yarn and the second inlaid yarn are cushioning yarns textured to loft or multifilament polyester yarns texturized to loft (see Yao Col. 4 Line 49 "seat cushion skirt portion being knitted by cubic knitting", wherein it was previously established that the inlaid yarn is utilized in cubic knitting and is therefore a cushioning yarn; see aforementioned rejection of Claim 1 for textured to loft; fluff indicates cushion, especially in light of the recitation of intended use).
Regarding Claim 4, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Craig already taught the knit element comprises an inlaid yarn extends through the first knit loop of the first course of the knit element intermeshed with the second knit loop of the second course of the knit element in the secured area and between the first layer and the second layer of the first knit element in the first unsecured area (see rejection of Claim 1).
Modified Craig further teaches wherein the knit element further comprises one or more additional inlaid yarns textured to loft (Yao Col. 5 Lines 43-44 "At least one loose yarn is located between pieces of double-sided fabric").
As such, modified Craig at least suggests wherein the one or more additional inlaid yarns also extends as recited above (Yao Col. 5 Lines 43-44, wherein the first inlaid yarn already meets the recitation as indicated above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s spacer material as provided by Richard and Yao such that the one or more additional inlaid yarns also extend through the first knit loop and between the first/second layers as recited as modified Craig already established such a recitation for the first inlaid yarn (and therefore the first unsecured area). Inasmuch as Yao suggests that additional loose yarn would again be between the pieces of double-sided fabric similar to the first inlaid yarn, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that additional inlaid yarns would similarly meet the recitation.
Regarding Claim 7, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig further teaches wherein the first discrete shape and the second discrete shape comprise different dimensions and/or different shapes (first discrete shape is of Craig’s tongue Fig. 14E; second discrete shape is of Greene’s collar Fig. 1, 18, wherein the Figures clearly show different dimensions/shapes).
Regarding Claim 8, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig further teaches wherein the first unsecured area and the second unsecured area are placed in at least one of an ankle area, a midfoot area, a collar area, a throat area, and an underfoot area of the upper for the article of footwear (first discrete shape with first unsecured area is of Craig’s tongue/throat/midfoot Fig. 14E; second discrete shape with second unsecured area is of Greene’s ankle/collar Fig. 1, 18).
Regarding Claim 10, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig at least suggests wherein the third diameter is at least twice as large as the fourth diameter (Yao Col. 5 Lines 60-67).
Modified Craig discloses the general conditions of the claimed invention except for the express disclosure of the third diameter being at least twice as large as the fourth diameter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the first diameter at least twice as large as the second diameter, since the claimed values are merely an optimum or workable range, based on intended use. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Especially absent a showing of criticality with respect to ratio of the diameters (applicant specification [0041]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s knit as provided by Richard with the areas of thickness/thinness as taught by Yao in order to provide the option of varying thickness depending on the desired cushioning (Col. 5 Lines 60-67), such that the third diameter is at least twice as large as the fourth diameter depending on the amount of cushioning desired, without unexpected results.
Regarding Claim 23, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig further teaches wherein the first unsecured area protrudes toward a foot receiving cavity of the article of footwear (the first unsecured area is of Craig’s interior tongue, see Fig. 14E).
Regarding Claim 24, modified Craig teaches all the claimed limitations as discussed above in Claim 23.
Modified Craig further teaches wherein the second unsecured area protrudes from an exterior surface of the upper (the second unsecured area is of Craig’s exterior collar as provided by Figs. 1, 18 of Greene).
Claim(s) 5, 6, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Craig (US Publication 2014/0137434) in view of Richard (EP 3123989) Yao (USPN 10493881), and Greene (USPN 9295298), as applied to the FIRST REJECTION above, further in view of Hayden (USPN 2770055).
Regarding Claim 5, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig teaches wherein the first unsecured area and the second unsecured area comprises a cushioning area (Yao Col. 4 Line 49 "seat cushion skirt portion being knitted by cubic knitting", wherein it was previously established in the rejection of Claim 1 that the inlaid yarn is utilized in cubic knitting, and is therefore a cushioning yarn; inasmuch as the inlaid yarn is a cushioning yarn and is in an unsecured area, the unsecured area is a cushioning area).
Craig does not explicitly teach wherein a first degree of compressibility of the first unsecured area is different from a second degree of compressibility of the second unsecured area.
However, modified Craig already teaches wherein the first unsecured area is of a tongue (Craig), and the second unsecured area is of a collar (Greene).
Hayden teaches wherein a first degree of compressibility of the tongue is different from a second degree of compressibility of the collar (see Fig. 1; Col. 3 Lines 4-5 "material 18 of one resiliency and material 19 of a different resiliency", wherein 18 is on tongue, 19 and/or 20 is at collar; Col. 2 Lines 70-71 "edging 20 may be of a different resiliency ...than either materials 18 or 19", wherein resiliency and compressibility are related).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s spacer materials between the tongue and the collar (and therefore between the first/second unsecured areas) as taught by Hayden as a known arrangement to retain the footwear on the wearer (Col. 1 Lines 31-41).
Regarding Claim 6, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Craig does not explicitly teach wherein a first degree of compressibility of the first inlaid yarn is different from a second degree of compressibility of the second inlaid yarn.
However, modified Craig already teaches that the first inlaid yarn would be of the tongue (Craig, Richard, Yao), and the second inlaid yarn would be of the collar (further in view of Greene).
Hayden teaches wherein a first degree of compressibility of the tongue is different from a second degree of compressibility of the collar (see Fig. 1; Col. 3 Lines 4-5 "material 18 of one resiliency and material 19 of a different resiliency", wherein 18 is on tongue, 19 and/or 20 is at collar; Col. 2 Lines 70-71 "edging 20 may be of a different resiliency ...than either materials 18 or 19", wherein resiliency and compressibility are related).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s spacer materials between the tongue and the collar (and therefore between the first/second unsecured areas) as taught by Hayden as a known arrangement to retain the footwear on the wearer (Col. 1 Lines 31-41).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Craig teaches wherein a first degree of compressibility of the first inlaid yarn is different from a second degree of compressibility of the second inlaid yarn (first/second inlaid yarns are of the tongue/collar with differing compressibilities).
Regarding Claim 21, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Craig does not explicitly teach wherein a first degree of resiliency of the first unsecured area is different from a second degree of resiliency of the second unsecured area.
However, modified Craig already teaches wherein the first unsecured area is of a tongue (Craig), and the second unsecured area is of a collar (Greene).
Hayden teaches wherein a first degree of resiliency of the tongue is different from a second degree of resiliency of the collar (see Fig. 1; Col. 3 Lines 4-5 "material 18 of one resiliency and material 19 of a different resiliency", wherein 18 is on tongue, 19 and/or 20 is at collar; Col. 2 Lines 70-71 "edging 20 may be of a different resiliency ...than either materials 18 or 19").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s spacer materials between the tongue and the collar (and therefore between the first/second unsecured areas) as taught by Hayden as a known arrangement to retain the footwear on the wearer (Col. 1 Lines 31-41).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Craig (US Publication 2014/0137434) in view of Richard (EP 3123989) Yao (USPN 10493881), and Greene (USPN 9295298), as applied to the FIRST REJECTION above, further in view of Lee (USPN 9551095).
Regarding Claim 9, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig does not explicitly teach and wherein the secured area comprises a double jersey knit structure.
However, modified Craig does teach one layer of the secured area is a jersey knit structure in a spacer fabric (see Richard [0031] "the inner ply 22 has a jersey knit").
Lee teaches wherein a spacer fabric comprises a double jersey knit structure (see Figs. 1-4; Col. 2 Lines 4-8, 11-13, 17-18 "knit fabric…including a front side and a back side…knit fabric includes…second jersey stitch component…located on the front side…knit together into a jersey stitch pattern residing on the front side; and the third jersey stitch component is located on the back side and...knit together into a jersey stitch pattern residing on the back side"; Col. 7 Lines 59-60 "jersey stitch pattern 24 on both the front and back sides 26,27 of the fabric 20").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s secured area as provided by Richard to be of a double jersey knit structure as taught by Lee as a known structure to provide cushioning, moisture wicking, and non-retention in footwear (Col. 1 Lines 65-66, Col. 12 Line 5), furthermore as jersey knits are known for aesthetics in footwear (see extrinsic evidence McLaurin-Smith USPN 4961418).
SECOND REJECTION: Claim(s) 1, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Craig (US Publication 2014/0137434) in view of Richard (EP 3123989) Yao (USPN 10493881), and Greene (USPN 9295298).
Regarding Claim 1, Craig teaches an article of footwear (see Figs. 1, 14A; [0026] "article of footwear 100…including a sole structure 110 and an upper 120") comprising:
an upper (120) that includes a knitted component ([0030] "upper 120 is formed from a knitted component 130"), the knitted component comprising:
a knit element ([0057] "knitted component 130 includes tongue portion 132"; [0053] "referring to Fig. 14E, tongue portion 132 is formed to have the configuration of a spacer material…to provide cushioning"), comprising:
a second discrete shape (132);
a sole secured to the upper (see Fig. 1; [0026] "article of footwear 100…including a sole structure 110 and an upper 120"; [0026] "sole structure 110 is secured to a lower area of upper 120").
Craig does not explicitly teach that the knit element comprising:
a plurality of yarns;
a first layer forming a first surface of the knit element and comprising a first course; a second layer forming an opposite second surface of the knit element and comprising a second course;
a secured area where the first layer and the second layer are secured together, wherein at least a first knit loop of the first course of the knit element is intermeshed with a second knit loop of the second course of the knit element;
a second unsecured area comprising a second discrete shape, where the first layer and the second layer are separated from one another, forming a second cavity therebetween,
a second inlaid yarn extending between the first layer and the second layer of the knit element in the second unsecured area,
wherein the second inlaid yarn has a third diameter in the second unsecured area,
and wherein the second inlaid yarn has a fourth diameter in the secured area.
Richard teaches the knit element (see Fig. 1; [0006] "invention relates to a compression orthosis which comprises a first knitted zone…and a second zone"; [0022] "orthosis 1 has…rear portion 4"; [0022] "rear portion 4 has a substantially rectangular surface 9"; [0028] "substantially rectangular surface 9 corresponds to a second zone Z2") comprising:
a plurality of yarns ([0006] "first knitted zone comprising a first yarn, a second yarn, and an elastic weft yarn inserted between the first and the second yarn…second zone in which the first yarn …second yarn…and the elastic weft yarn…forms"; [0025] "first knitted zone Z1 comprises a first yarn 12, a second yarn 14 and an elastic weft yarn 16"; [0028] "second zone Z2 in which the first yarn 12 forms...the second yarn 14 forms...elastic weft yarn 16...forms");
a first layer forming a first surface of the knit element and comprising a first course; a second layer forming an opposite second surface of the knit element and comprising a second course (see annotated Fig. 7 below; [0025] indicates that the first/second layers are knitted, and therefore of first/second courses, further shown in Fig. 7);
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a secured area (Z1) where the first layer and the second layer are secured together, wherein at least a first knit loop of the first course of the knit element is intermeshed with a second knit loop of the second course of the knit element (see Fig. 7 for Z1; [0024] "orthosis 1 has a first knitted zone Z1", where Z1 in Fig. 7 clearly shows a first knit loop of the first course formed by 14 intermeshing with a second knit loop of the second course formed by 12, and therefore secures together first/second layers);
a (second) unsecured area (Z2) comprising a discrete shape, where the first layer and the second layer are separated from one another, forming a cavity therebetween (for discrete shape—see Figs. 1, 3, 5, 8; see Fig. 7 for Z2; second knit loop where 14 is located in Z2; [0028] "second yarn 14 forms an outer knitted ply 24"; wherein Z2 clearly shows a separation between layers and a cavity, furthermore so with the existence of 16 between; see Fig. 7 above for first/second layers separated from one another such as at the cavity);
a (second) inlaid yarn (16) between the first layer and the second layer of the knit element in the first unsecured area (see Fig. 7; [0026] "weft elastic yarn 16 has at least one float which forms an intermediate ply 26 between the inner knitted ply 22 and the outer knitted ply 24", wherein 16 extends through courses formed by 12 and 14 within Z1),
wherein the (second) inlaid yarn has a third diameter in the first unsecured area (the existence of the inlaid yarn in the unsecured area indicates a first diameter),
and wherein the (second) inlaid yarn has a fourth diameter in the secured area (the existence of the inlaid yarn in the secured area indicates a second diameter).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s knit with that of Richard’s as a simple substitution of one knit with a spacer material for another to provide comfort ([0003],[0005]).
Modified Craig does not explicitly teach wherein the second inlaid yarn is expanded in the first unsecured area,
and wherein the second inlaid yarn is compressed in the secured area.
Yao teaches wherein the (second) inlaid yarn is expanded/texturized to loft (see Fig. 6; Col. 5 Lines 35-37 "definition of cubic knitting:...the thickness...is increased by stuffing loose yarn during the knitting"; Col. 5 Lines 42-44 "stuffing loose yarn in cubic knitting is as shown in Figs. 3-6. At least one loose yarn is located between pieces of double-sided fabric"; Col. 4 Lines 46-47 "due to the fluffy property of loose yarn, the thickness of the fabric may be set as required"; Col. 5 Lines 58-60 "thickness of the bag tissue is increased due to the fluffy property of the loose yarn"; Col. 5 Lines 60-67; Col. 5 Line 67-Col. 6 Line 3 "as yarns for the purpose of filling, yarns, such as...textured yarns which have excellent fluffy effect, are usually used", wherein the texturing indicates expanded to fluff/loft).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig’s inlaid yarn as provided by Richard to be expanded/texturized to loft as taught by Yao in order to provide the option of varying thickness depending on the desired cushioning (Col. 5 Lines 60-67).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Craig teaches wherein the second inlaid yarn is expanded/texturized to loft in the second unsecured area (the inlaid yarn is in the unsecured area as provided by Richard and is expanded via texturizing as taught by Yao in Craig’s shoe, especially in light of Col. 5 Lines 60-67 of Yao),
and wherein the second inlaid yarn is compressed in the secured area (the secured area has first/second layers connected to each other as taught by Richard which would therefore compress the inlaid yarn therebetween, especially in light of Col. 5 Lines 60-67 of Yao, all within Craig’s shoe).
Modified Craig also does not explicitly teach and a first unsecured area separate from the second unsecured area, and therefore:
the first unsecured area comprising a first discrete shape where the first layer and the second layer are separated from one another and forming a first cavity therebetween;
a first inlaid yarn extending between the first layer and the second layer of the knit element in the first unsecured area,
wherein the first inlaid yarn is expanded and has a first diameter in the second unsecured area,
and wherein the first inlaid yarn is compressed and has a second diameter in the secured area,
wherein the secured area separates the first unsecured area and the second unsecured area.
However, the aforementioned is already taught for the second discrete shape, and therefore would be taught as long as the structure of modified Craig (with Richard and Yao) were taught in a first discrete shape separate from the second discrete shape formed with the aforementioned.
Furthermore, Craig already taught that the second discrete shape was an interior tongue knit component (spacer).
Greene teaches a first discrete shape as an interior tongue knit component and a second discrete shape as an exterior collar knit component (see Figs. 1, 18; Col. 2 Lines 26-30 "upper may include a tongue element having a knitted component…compressible material may be located within a cavity of the knitted component"; Col. 2 Lines 34-37 "the upper may include a collar element having a knitted exterior…and an interior surface…a plurality of floating yarns may be located within a cavity of the knitted element"; Col. 13 Lines 35-37 "each of tongue element 40, collar element 50, and collar-throat element 60 includes a compressible area and a flange area").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Craig to have the exterior knit component collar in conjunction with the interior tongue knit component as taught by Green as known combination in footwear to provide comfort (Col. 13 Lines 37-38).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Craig teaches the aforementioned (Craig’s collar, provided by Greene, would have the same spacer arrangement as in the tongue, as provided by Richard and Yao, especially as it is known in the art that spacers provide both cushioning and comfort, see extrinsic evidence Bier et al USPN 9585435, and Craig’s collar desires knit comfort, thereby provided by Richard and Yao’s spacer arrangement).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Craig teaches wherein the secured area separates the first unsecured area and the second unsecured area (inasmuch as the first/second unsecured areas are of separate first/second discrete shapes with same secured areas of Richard, the secured area separates the first/second discrete shapes).
Regarding Claim 22, modified Craig teaches all the claimed limitations as discussed above in Claim 1.
Modified Craig further teaches wherein the first unsecured area is located on an outer surface of the upper (first unsecured area is of the first discrete shape which is the collar of Greene Figs. 1, 18),
and wherein the second unsecured area is located on an inner surface of the upper (second unsecured area is of the second discrete shape which is the tongue of Craig, Fig. 14E).
Response to Arguments
Applicant’s arguments with respect to claims 1-10, 21-24 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
Examiner notes that the specific structure for how the compressibility/resiliency variations are accomplished ([0047] difference in thickness of inlaid yarns, [0048] difference in number of inlaid yarns) has not yet been claimed.
Conclusion
The prior art made of record and not relied upon but is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Echols (USPN 5449005), Joubert et al (USPN 6442875) directed to various footwear cushioning areas; Ly (USPN 10316441) directed to footwear with inner/outer layers; Andujar (USPN 5211672) directed to cushioning as exterior tongue and exterior heel; Bidal et al (USPN 12089695) directed to cushion in interior heel; Smith et al (USPN 11350700), Faulconer et al (USPN 5430961), Brandt et al (USPN 5185000), Townsend et al (USPN 6228043) directed to cushioning in interior Achilles; Corcoran-Tadd et al (USPN 11602196) directed to cushioning in collar/throat area; Wilson (USPN 10765173), Liu (US Publication 2019/0203388) directed to differing degrees of compressibility in footwear.
The prior art made of record and not relied upon but is considered pertinent to applicant's disclosure: Berrian et al (USPN 11214897).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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