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
Applicant’s amendment of 08/27/2026 is acknowledged.
Claims 1-4, 6-16, 18, and 21-24 are presented.
Claims 1 and 11 are presented in independent form and are amended.
The present Office action treats claims 1-4, 6-16, 18, and 21-24 on the merits.
The present Office action is a final rejection.
Response to Arguments
Applicant’s REMARKS of 08/27/2026 are fully considered.
Regarding Rejections Under 35 U.S.C. §103: Applicant’s arguments have been 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) 1-2 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Gronlykke, US 2018/0317603, newly cited].
Regarding claim 1:
Gronlykke discloses (Figs. 8c and 8d):
A kit (the combined “shoe” of “FIG. 8c” and “shoe” of “FIG. 8d”; para 63) comprising:
a first article of footwear (the “shoe” of “FIG. 8c”; para 63) including (i) a first upper (i.e. that portion of the shoe exclusive of sole 102; it is noted the first upper is not visible in Fig. 8c), (ii) a first sole structure 102 having (a) a first outsole 102 defining a first ground-contacting surface 104, and (b) a first side support 215 in a forefoot region of the first sole structure (Fig. 8c) along a medial side edge 108 of the first article of footwear, whereby the first upper and the first outsole are not connected by a side support on a lateral side of the first article of footwear (Fig. 8c; para 63) ; and
a second article of footwear (the “shoe” of “FIG. 8d”; para 63) including (i) a second upper (i.e. that portion of the shoe exclusive of sole 102; it is noted the first upper is not visible in Fig. 8d), (ii) a second sole structure 102 having (a) a second outsole 102 defining a second ground-contacting surface 104, and (b) a second side support 115 in a forefoot region of the second sole structure (Fig. 8d) along a lateral side edge 106 of the second article of footwear, whereby the second upper and the second outsole are not connected by a side support on a medial side of the second article of footwear (Fig. 8d; para 63).
Gronlykke Figs. 8c-8d does not expressly disclose the first side support extending between and directly connecting the first upper and the first outsole in the forefoot region of the first sole structure along the medial side edge of the first article of footwear.
Gronlykke Figs. 8c-8d does not expressly disclose the second side support extending between and directly connecting the second upper and the second outsole in the forefoot region of the second sole structure on along the lateral side edge of the second article of footwear.
However and in further view of Gronlykke:
Gronlykke Fig. 7 shows side supports 115, 215 extending between an upper and an outsole 102 (Fig. 7). It cannot be determined from the drawings alone whether either side support is directly connecting the upper and the outsole.
However and in further view of Gronlykke: Gronlykke teaches “the configuration, arrangement and extent of the” side supports “including...the coverage of the sole and the side portions of the shoe...may be varied” (para 64) and that a side support “comprise a laminate structure comprising at least an adhesive layer” (para 41).
Looking to Fig. 7, side supports 115, 215 appear to extend between and directly connect the upper with the outsole.
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 kit of Gronlykke Figs. 8c-8d such that first side support (i.e. 215 of the article of footwear Fig. 8c) is extending between and directly connecting the first upper and the first outsole in the forefoot region of the first sole structure along the medial side edge of the first article of footwear and that its second side support (i.e. 115 of the article of footwear of Fig. 8c) is extending between and directly connecting the second upper and the second outsole in the forefoot region of the second sole structure on along the lateral side edge of the second article of footwear, in the same manner that the side supports of Fig. 7 appear to be so extending, in order to yield the predictable result of each side support being configured to provide an area of reduced friction on both a side portion of each upper and also on portions of each outsole wherein the direct connection of each side support to each upper and each outsole durably secures each side support to the side portion of each upper and also on the portions of each outsole such that the combined elements—i.e. upper and side support; outsole and side support—are durably secured to each other in such a way that the combined elements are not readily undesirably separated from each other.
Regarding claim 2:
Gronlykke teaches The kit of Claim 1, as set forth above.
Gronlykke further discloses wherein the first outsole 102 is a first plate (Fig. 8c and in the same manner as generally shown in the embodiments of Figs. 1-3, 7, and 9) and the second outsole 102 is a second plate (Fig. 8d and in the same manner as generally shown in the embodiments of Figs. 1-3, 7, and 9).
Regarding claim 21:
Gronlykke teaches The kit of Claim 1, as set forth above.
Gronlykke further discloses wherein (i) the first side support includes a first plurality of slats (see annotated Fig. 6 – a below) extending between a first base member (see annotated Fig. 6 – a below) and a first brace (see annotated Fig. 6 – a below) and (ii) the second side support includes a second plurality of slats (as in annotated Fig. 6 – a below) extending between a second base member (as in annotated Fig. 6 – a below) and a second brace (as in annotated Fig. 6 – a below).
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Regarding claim 22:
Gronlykke teaches The kit of Claim 21, as set forth above.
Gronlykke further discloses wherein (i) the first base member is attached to the first outsole (either directly or via intervening element(s) consistent with how the term “attached to” is described in the present specification as filed; see para 35 thereof) and the first brace is connected to the first upper (either directly or via intervening element(s) consistent with how the term “connected to” is described in the present specification as filed; see para 35 thereof), and (ii) the second base member is attached to the second outsole (either directly or via intervening element(s) consistent with how the term “attached to” is described in the present specification as filed; see para 35 thereof) and the second brace is connected to the second upper (either directly or via intervening element(s) consistent with how the term “connected to” is described in the present specification as filed; see para 35 thereof).
Claim(s) 3, and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Gronlykke, US 2018/0317603] in view of [Rudy, US 4,219,945, previously cited].
Regarding claim 3:
Gronlykke teaches The kit of Claim 2, as set forth above.
Gronlykke does not expressly disclose further comprising a first fluid-filled chamber disposed between the first plate and the first upper and a second fluid-filled chamber disposed between the second plate and the second upper.
However, Rudy teaches (Figs. 1-3 and 8) an article of footwear (“shoe”; title) comprising an upper 33 and a sole structure 32, 10, 19 (i.e. the combined 10, 19, and 32), the sole structure comprising an outsole 32 comprising a plate 32 and a midsole 10, 19 (i.e. the combined 10 and 19) comprising a fluid-filled chamber 10 (Figs. 1-3) (i.e. “inflated insert 10”; col. 3 line 31) disposed between (col. 5 lines 21-25; Fig. 8) the outsole and the upper and between the plate and the upper, the fluid-filled chamber extending continuously and uninterrupted (spaces 17 provide “intercommunicating passages” such that “pressurized fluid can flow freely between the chambers 15”; col. 3 lines 55-58) from a forefoot region of the sole structure to a heel region of the sole structure along a medial side (Figs. 1-3) of the sole structure and also from the forefoot region of the sole structure to the heel region of the sole structure along a lateral side (Figs. 1-3). Rudy is silent as to which side is lateral/medial; however, chamber 10 extends continuously and uninterrupted along both sides, as is evident in Figs. 1-3 wherein fluid is configured to flow freely as described in col. 3 lines 55-58).
Rudy further teaches the midsole comprising the chamber is configured to “absorb shock loads and to cushion the foot” (col. 5 lines 52-54) and that the uninterrupted nature of extension is “so that the pressure in all chambers is the same at any instant” (col. 3 lines 58-59). Rudy further teaches that a “desired pressure” is provided “in order to: achieve...dynamic responsive characteristics; tune the air spring to the size, stride and mass of the wearer’s body; or achieve...levels of comfort” (col. 5 line 66 – col. 6 line 2).
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 Gronlykke such that it is provided with a first midsole disposed between the first plate and the first upper comprising a first fluid-filled chamber disposed between the first plate and the first upper, the first fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the first sole structure to a heel region of the first sole structure along a medial side of the first sole structure and a second midsole disposed between the second plate and the second upper comprising a second fluid-filled chamber disposed between the second plate and the second upper, the second fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the second sole structure to a heel region of the second sole structure along a lateral side of the second sole structure in order to permit shock absorption and/or cushioning of the foot at heel and toe regions of each sole structure along medial and lateral sides thereof, as suggested by Rudy (col. 5 lines 52-54) wherein the level of pressure is the same throughout heel and forefoot regions along lateral and medial sides thereof due to the uninterrupted and continuous extension in order to achieve the same level of comfort throughout heel and forefoot regions along lateral and medial sides thereof, as also suggested by Rudy (col. 3 lines 58-59; col. 5 line 66 – col. 6 line 2).
Regarding claim 6:
Gronlykke teaches The kit of Claim 1, as set forth above.
Gronlykke does not expressly disclose wherein the first sole structure includes a first fluid-filled chamber disposed between the first outsole and the first upper and the second sole structure includes a second fluid-filled chamber disposed between the second outsole and the second upper.
However, Rudy teaches (Figs. 1-3 and 8) an article of footwear (“shoe”; title) comprising an upper 33 and a sole structure 32, 10, 19 (i.e. the combined 10, 19, and 32), the sole structure comprising an outsole 32 comprising a plate 32 and a midsole 10, 19 (i.e. the combined 10 and 19) comprising a fluid-filled chamber 10 (Figs. 1-3) (i.e. “inflated insert 10”; col. 3 line 31) disposed between (col. 5 lines 21-25; Fig. 8) the outsole and the upper and between the plate and the upper, the fluid-filled chamber extending continuously and uninterrupted (spaces 17 provide “intercommunicating passages” such that “pressurized fluid can flow freely between the chambers 15”; col. 3 lines 55-58) from a forefoot region of the sole structure to a heel region of the sole structure along a medial side (Figs. 1-3) of the sole structure and also from the forefoot region of the sole structure to the heel region of the sole structure along a lateral side (Figs. 1-3). Rudy is silent as to which side is lateral/medial; however, chamber 10 extends continuously and uninterrupted along both sides, as is evident in Figs. 1-3 wherein fluid is configured to flow freely as described in col. 3 lines 55-58).
Rudy further teaches the midsole comprising the chamber is configured to “absorb shock loads and to cushion the foot” (col. 5 lines 52-54) and that the uninterrupted nature of extension is “so that the pressure in all chambers is the same at any instant” (col. 3 lines 58-59). Rudy further teaches that a “desired pressure” is provided “in order to: achieve...dynamic responsive characteristics; tune the air spring to the size, stride and mass of the wearer’s body; or achieve...levels of comfort” (col. 5 line 66 – col. 6 line 2).
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 Gronlykke such that it is provided with a first midsole disposed between the first outsole and the first upper comprising a first fluid-filled chamber disposed between the first outsole and the first upper, the first fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the first sole structure to a heel region of the first sole structure along a medial side and a second midsole disposed between the second outsole and the second upper comprising a second fluid-filled chamber disposed between the second outsole and the second upper, the second fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the second sole structure to a heel region of the second sole structure along a lateral side in order to permit shock absorption and/or cushioning of the foot at heel and toe regions of each sole structure along medial and lateral sides thereof, as suggested by Rudy (col. 5 lines 52-54) wherein the level of pressure is the same throughout heel and forefoot regions along lateral and medial sides thereof due to the uninterrupted and continuous extension in order to achieve the same level of comfort throughout heel and forefoot regions along lateral and medial sides thereof, as also suggested by Rudy (col. 3 lines 58-59; col. 5 line 66 – col. 6 line 2).
Regarding claim 7:
Gronlykke in view of Rudy teaches The kit of Claim 6, as set forth above.
The modified Gronlykke as applied to claim 6above does not expressly disclose wherein at least one of the first fluid-filled chamber and the second fluid-filled chamber is pressurized and/or includes a tensile member disposed therein.
However, and in further view of Rudy: Rudy teaches a sole structure (Abstract) wherein a fluid-filled chamber 10 (i.e. “inflated insert 10”; col. 3 line 31) is pressurized (col. 3 line 57; col. 3 line 67). Rudy further teaches that “inflating gas is introduced until...desired pressure...is reached” (col. 4 lines 7-9) and that a “desired pressure” is provided “in order to: achieve...dynamic responsive characteristics; tune the air spring to the size, stride and mass of the wearer’s body; or achieve...levels of comfort” (col. 5 line 66 – col. 6 line 2).
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 Gronlykke such that its first fluid-filled chamber is pressurized and its second fluid-filled chamber is pressurized, as in Rudy, in order to achieve a desirable dynamic responsive characteristic and/or level of comfort afforded by each chamber, as suggested by Rudy (col. 5 line 66 – col. 6 line 2).
Regarding claim 8:
Gronlykke in view of Rudy teaches The kit of Claim 6, as set forth above.
The modified Gronlykke further meets the limitation wherein the first fluid-filled chamber extends continuously and uninterrupted from the forefoot region of the first sole structure to a heel region of the first sole structure along a medial side and the second fluid-filled chamber extends continuously and uninterrupted from the forefoot region of the second sole structure to a heel region of the second sole structure along a lateral side (see above treatment of claim 6 where the limitation is addressed).
Regarding claim 9:
Gronlykke in view of Rudy teaches The kit of Claim 8, as set forth above.
As applied to claim 8 above, the modified Gronlykke does not expressly disclose wherein the first fluid-filled chamber includes at least one first weld extending from a lateral edge of the first fluid-filled chamber in a direction toward the medial side of the first sole structure and the second fluid-filled chamber includes at least one second weld extending from a medial edge of the second fluid-filled chamber in a direction toward the lateral side of the second sole structure.
Nevertheless and in further view of Rudy:
Rudy teaches providing welds 14 (i.e. “weld lines 14”; col. 3 line 53) wherein a first weld (see annotated Fig. 1 – a below) extends from a first edge (see annotated Fig. 1 – a below) of the fluid-filled chamber toward a second side (see annotated Fig. 1 – a below) of the sole structure and a second weld (see annotated Fig. 1 – a below) extending from a second edge (see annotated Fig. 1 – a below) of the fluid-filled chamber toward a first side (see annotated Fig. 1 – a below) of the sole structure.
Rudy is silent as to which side is medial and lateral; nonetheless, in Rudy, Rudy teaches a fluid-filled chamber includes a first weld extending from a lateral edge of the fluid-filled chamber in a direction toward the medial side of the sole structure a second weld extending from a medial edge of the fluid-filled chamber in a direction toward the lateral side of the sole structure because one of the edges of Rudy is a medial edge and the other of the edges of Rudy is a lateral edge.
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Rudy further teaches that the welds 14 are provided in such a way so as to “terminate at points 16 which are located under no-load bearing area of the wearer’s foot” and to provide “spaces 17 between the termination points” to “provide intercommunicating passages through which the pressurized fluid can flow freely...so that the pressure in all chambers is the same at any instant” (col. 3 lines 53-59).
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 Gronlykke such that the first fluid-filled chamber includes a first plurality of welds including a first weld extending from a lateral edge of the first fluid-filled chamber in a direction toward the medial side of the first sole structure and a second weld extending from a medial edge of the first fluid-filled chamber in a direction toward the lateral side of the first sole structure and the second fluid-filled chamber includes a second plurality of welds including a second weld extending from a medial edge of the second fluid-filled chamber in a direction toward the lateral side of the second sole structure and a first weld extending from a lateral edge of the second fluid-filled chamber in a direction toward the medial side of the second sole structure in order to provide intercommunicating passages between areas of each fluid-filled chamber through spaces defined by termination points of the plurality of welds for the purpose of affording uniform pressure at the areas of the each respective chamber wherein said termination points are provided at areas of the shoe that do not experience significant loads, as taught by Rudy (col. 3 lines 53-59).
Regarding claim 10:
Gronlykke in view of Rudy teaches The kit of Claim 9, as set forth above.
As applied to claim 9 above, the modified Gronlykke does not expressly disclose wherein the first fluid-filled chamber and the second fluid-filled chamber are identical to one another.
However and in further view of Rudy:
Rudy as embodied in Figs. 1-3 is capable of being provided in one article of footwear. Another chamber that would be identical as the chamber of Figs. 1-3 would be capable of being provided in yet another article of footwear. As such, one of ordinary skill would expect the fluid-filled chamber as depicted in Fig. 1 could absorb shock and/or provide cushioning to one article of footwear and yet another, identical, chamber could absorb shock and/or provide cushioning to yet another article of footwear.
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 Gronlykke such that the first fluid-filled chamber and the second fluid-filled chamber are identical to one another in order to yield the predictable result of a kit whose constituent fluid-filled chambers can be made by the same parts and process for the purpose of manufacturing simplification – e.g. being able to utilize the same parts and process of manufacture for each chamber of the kit.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Gronlykke, US 2018/0317603] and [Rudy, US 4,219,945] as applied to claim 3 above, and further in view of [Silverman, US 2003/0131499, newly cited].
Regarding claim 4:
Gronlykke in view of Rudy teaches The kit of Claim 3, as set forth above.
Gronlykke and Rudy as applied to claim 3 above does not expressly disclose wherein the first plate and the first side support are more rigid than a material forming the first fluid-filled chamber and the second plate and the second side support are more rigid than a material forming the second fluid-filled chamber.
Silverman teaches a plate (“outsole”) is more rigid than a material forming a “cushioning and shock absorbing” midsole: “outsole and the midsole will be formed of polymer materials having different properties of flexibility, resiliency and/or cushioning effect. In this regard, the outsole can be constructed of a more rigid wear resistant polymer...On the other hand, the midsole may be constructed as a more flexible or resilient material to provide cushioning and shock absorbing properties for the wearer” (para 4).
Though Silverman does not teach a specific relative rigidity of a side support relative to a cushioning and shock absorbing midsole, a person of ordinary skill would look to Gronlykke and recognize that wear resistance as described in Silverman para 4 would be applicable to the first and second side supports insofar as the first and second side supports of Gronylkke are configured to contact a ground surface (e.g. upon sliding as described in the final two sentences of para 21 and as evidenced in Figs. 8c and 8d wherein the side supports of Figs. 8c and 8d are configured to contact a ground surface).
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 Gronlykke such that the first plate and the first side support are more rigid than a material forming the first fluid-filled chamber and the second plate and the second side support are more rigid than a material forming the second fluid-filled chamber in order to provide the plates and the side support with wear resistance and the fluid-filled chamber with cushioning and/or shock absorbing properties, as suggested by Silverman (para 4).
Claim(s) 11-16 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Gronlykke, US 2018/0317603, newly cited] in view of [Rudy, US 4,219,945, previously cited].
Regarding claim 11:
Gronlykke discloses (Figs. 8c and 8d):
A kit (the combined “shoe” of “FIG. 8c” and “shoe” of “FIG. 8d”; para 63) comprising:
a first article of footwear (the “shoe” of “FIG. 8c”; para 63) including (i) a first upper (i.e. that portion of the shoe exclusive of sole 102; it is noted the first upper is not visible in Fig. 8c), (ii) a first sole structure 102 having a first plate 102 defining a first ground-contacting surface 104 and (iii) a first side support 215 in a forefoot region of the first sole structure (Fig. 8c) and beginning and terminating along (Fig. 8c) a medial side edge 108 of the first article of footwear, whereby the first article of footwear does not include a side support connecting the first upper and the first plate on a lateral side of the first article of footwear (Fig. 8c; para 63) ; and
a second article of footwear (the “shoe” of “FIG. 8d”; para 63) including (i) a second upper (i.e. that portion of the shoe exclusive of sole 102; it is noted the first upper is not visible in Fig. 8d), (ii) a second sole structure 102 having a second plate 102 defining a second ground-contacting surface 104, and (iii) a second side support 115 in a forefoot region of the second sole structure (Fig. 8d) and beginning and terminating along (Fig. 8c) a lateral side edge 106 of the second article of footwear, whereby the second article of footwear does not includes a side support connecting the second upper and the second plate on a medial side of the second article of footwear (Fig. 8d; para 63).
Gronlykke Figs. 8c-8d does not expressly disclose the first side support extending between and directly connecting the first upper and the first plate in the forefoot region of the first sole structure and beginning and terminating along the medial side edge of the first article of footwear.
Gronlykke Figs. 8c-8d does not expressly disclose second the side support extending between and directly connecting the second upper and the second plate in the forefoot region of the second sole structure and beginning and terminating along the lateral side edge of the second article of footwear.
However and in further view of Gronlykke:
Gronlykke Fig. 7 shows side supports 115, 215 extending between an upper and an outsole 102 (Fig. 7). It cannot be determined from the drawings alone whether either side support is directly connecting the upper and the outsole.
However and in further view of Gronlykke: Gronlykke teaches “the configuration, arrangement and extent of the” side supports “including...the coverage of the sole and the side portions of the shoe...may be varied” (para 64) and that a side support “comprise a laminate structure comprising at least an adhesive layer” (para 41).
Looking to Fig. 7, side supports 115, 215 appear to extend between and directly connect the upper with the outsole.
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 kit of Gronlykke Figs. 8c-8d such that first side support (i.e. 215 of the article of footwear Fig. 8c) is extending between and directly connecting the first upper and the first plate in the forefoot region of the first sole structure and beginning and terminating along the medial side edge of the first article of footwear and that its second side support (i.e. 115 of the article of footwear of Fig. 8c) is extending between and directly connecting the second upper and the second plate in the forefoot region of the second sole structure and beginning and terminating along the lateral side edge of the second article of footwear, in the same manner that the side supports of Fig. 7 appear to be so extending, in order to yield the predictable result of each side support being configured to provide an area of reduced friction on both a side portion of each upper and also on portions of each outsole wherein the direct connection of each side support to each upper and each outsole durably secures each side support to the side portion of each upper and also on the portions of each outsole such that the combined elements—i.e. upper and side support; outsole and side support—are durably secured to each other in such a way that the combined elements are not readily undesirably separated from each other.
Gronlykke does not expressly disclose the first sole structure comprising a first fluid-filled chamber disposed between the first plate and the first upper, the first fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the first sole structure to a heel region of the first sole structure along a medial side of the first sole structure.
Gronlykke does not expressly disclose the second sole structure comprising a second fluid-filled chamber disposed between the second plate and the second upper, the second fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the second sole structure to a heel region of the second sole structure along a lateral side of the second sole structure.
However, Rudy teaches (Figs. 1-3 and 8) an article of footwear (“shoe”; title) comprising an upper 33 and a sole structure 32, 10, 19 (i.e. the combined 10, 19, and 32), the sole structure comprising a plate 32 and a midsole 10, 19 (i.e. the combined 10 and 19) comprising a fluid-filled chamber 10 (Figs. 1-3) (i.e. “inflated insert 10”; col. 3 line 31) disposed between (col. 5 lines 21-25; Fig. 8) the plate and the upper, the fluid-filled chamber extending continuously and uninterrupted (spaces 17 provide “intercommunicating passages” such that “pressurized fluid can flow freely between the chambers 15”; col. 3 lines 55-58) from a forefoot region of the sole structure to a heel region of the sole structure along a medial side (Figs. 1-3) of the sole structure and also from the forefoot region of the sole structure to the heel region of the sole structure along a lateral side (Figs. 1-3). Rudy is silent as to which side is lateral/medial; however, chamber 10 extends continuously and uninterrupted along both sides, as is evident in Figs. 1-3 wherein fluid is configured to flow freely as described in col. 3 lines 55-58).
Rudy further teaches the midsole comprising the chamber is configured to “absorb shock loads and to cushion the foot” (col. 5 lines 52-54) and that the uninterrupted nature of extension is “so that the pressure in all chambers is the same at any instant” (col. 3 lines 58-59). Rudy further teaches that a “desired pressure” is provided “in order to: achieve...dynamic responsive characteristics; tune the air spring to the size, stride and mass of the wearer’s body; or achieve...levels of comfort” (col. 5 line 66 – col. 6 line 2).
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 Gronlykke such that it is provided with a first midsole disposed between the first plate and the first upper comprising a first fluid-filled chamber disposed between the first plate and the first upper, the first fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the first sole structure to a heel region of the first sole structure along a medial side of the first sole structure and a second midsole disposed between the second plate and the second upper comprising a second fluid-filled chamber disposed between the second plate and the second upper, the second fluid-filled chamber extending continuously and uninterrupted from the forefoot region of the second sole structure to a heel region of the second sole structure along a lateral side of the second sole structure in order to permit shock absorption and/or cushioning of the foot at heel and toe regions of each sole structure along medial and lateral sides thereof, as suggested by Rudy (col. 5 lines 52-54) wherein the level of pressure is the same throughout heel and forefoot regions along lateral and medial sides thereof due to the uninterrupted and continuous extension in order to achieve the same level of comfort throughout heel and forefoot regions along lateral and medial sides thereof, as also suggested by Rudy (col. 3 lines 58-59; col. 5 line 66 – col. 6 line 2).
Regarding claim 12:
Gronlykke in view of Rudy teach The kit of claim 11, as set forth above.
As applied to claim 11 above, the modified Gronlykke does not expressly disclose wherein the first fluid-filled chamber includes at least one first weld extending from a lateral edge of the first fluid-filled chamber in a direction toward the medial side of the first sole structure.
Nevertheless and in further view of Rudy:
Rudy teaches providing welds 14 (i.e. “weld lines 14”; col. 3 line 53) wherein a first weld (see annotated Fig. 1 – a below) extends from a first edge (see annotated Fig. 1 – a below) of the fluid-filled chamber toward a second side (see annotated Fig. 1 – a below) of the sole structure and a second weld (see annotated Fig. 1 – a below) extending from a second edge (see annotated Fig. 1 – a below) of the fluid-filled chamber toward a first side (see annotated Fig. 1 – a below) of the sole structure.
Rudy is silent as to which side is medial and lateral; nonetheless, in Rudy, Rudy teaches a fluid-filled chamber includes a first weld extending from a lateral edge of the fluid-filled chamber in a direction toward the medial side of the sole structure a second weld extending from a medial edge of the fluid-filled chamber in a direction toward the lateral side of the sole structure because one of the edges of Rudy is a medial edge and the other of the edges of Rudy is a lateral edge.
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Rudy further teaches that the welds 14 are provided in such a way so as to “terminate at points 16 which are located under no-load bearing area of the wearer’s foot” and to provide “spaces 17 between the termination points” to “provide intercommunicating passages through which the pressurized fluid can flow freely...so that the pressure in all chambers is the same at any instant” (col. 3 lines 53-59).
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 Gronlykke such that the first fluid-filled chamber includes a first plurality of welds including a first weld extending from a lateral edge of the first fluid-filled chamber in a direction toward the medial side of the first sole structure and a second weld extending from a medial edge of the first fluid-filled chamber in a direction toward the lateral side of the first sole structure and the second fluid-filled chamber includes a second plurality of welds including a second weld extending from a medial edge of the second fluid-filled chamber in a direction toward the lateral side of the second sole structure and a first weld extending from a lateral edge of the second fluid-filled chamber in a direction toward the medial side of the second sole structure in order to provide intercommunicating passages between areas of each fluid-filled chamber through spaces defined by termination points of the plurality of welds for the purpose of affording uniform pressure at the areas of the each respective chamber wherein said termination points are provided at areas of the shoe that do not experience significant loads, as taught by Rudy (col. 3 lines 53-59).
Regarding claim 13:
Gronlykke in view of Rudy teach The kit of claim 12, as set forth above.
The modified Gronlykke as applied to claim 12 further meets the limitation wherein the second fluid-filled chamber includes at least one second weld extending from a medial edge of the second fluid-filled chamber in a direction toward the lateral side of the second sole structure (refer to above treatment of claim 12 wherein a modification results in the second fluid-filled chamber includes a second weld extending as claimed).
Regarding claim 14:
Gronlykke in view of Rudy teach The kit of claim 11, as set forth above.
As applied to claim 11 above, the modified Gronlykke does not expressly disclose wherein the second fluid-filled chamber includes at least one second weld extending from a medial edge of the second fluid-filled chamber in a direction toward the lateral side of the second sole structure.
Nevertheless and in further view of Rudy:
Rudy teaches providing welds 14 (i.e. “weld lines 14”; col. 3 line 53) wherein a first weld (see annotated Fig. 1 – a below) extends from a first edge (see annotated Fig. 1 – a below) of the fluid-filled chamber toward a second side (see annotated Fig. 1 – a below) of the sole structure and a second weld (see annotated Fig. 1 – a below) extending from a second edge (see annotated Fig. 1 – a below) of the fluid-filled chamber toward a first side (see annotated Fig. 1 – a below) of the sole structure.
Rudy is silent as to which side is medial and lateral; nonetheless, in Rudy, Rudy teaches a fluid-filled chamber includes a first weld extending from a lateral edge of the fluid-filled chamber in a direction toward the medial side of the sole structure a second weld extending from a medial edge of the fluid-filled chamber in a direction toward the lateral side of the sole structure because one of the edges of Rudy is a medial edge and the other of the edges of Rudy is a lateral edge.
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Rudy further teaches that the welds 14 are provided in such a way so as to “terminate at points 16 which are located under no-load bearing area of the wearer’s foot” and to provide “spaces 17 between the termination points” to “provide intercommunicating passages through which the pressurized fluid can flow freely...so that the pressure in all chambers is the same at any instant” (col. 3 lines 53-59).
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 Gronlykke such that the first fluid-filled chamber includes a first plurality of welds including a first weld extending from a lateral edge of the first fluid-filled chamber in a direction toward the medial side of the first sole structure and a second weld extending from a medial edge of the first fluid-filled chamber in a direction toward the lateral side of the first sole structure and the second fluid-filled chamber includes a second plurality of welds including a second weld extending from a medial edge of the second fluid-filled chamber in a direction toward the lateral side of the second sole structure and a first weld extending from a lateral edge of the second fluid-filled chamber in a direction toward the medial side of the second sole structure in order to provide intercommunicating passages between areas of each fluid-filled chamber through spaces defined by termination points of the plurality of welds for the purpose of affording uniform pressure at the areas of the each respective chamber wherein said termination points are provided at areas of the shoe that do not experience significant loads, as taught by Rudy (col. 3 lines 53-59).
Regarding claim 15:
Gronlykke in view of Rudy teaches The kit of Claim 11, as set forth above.
The modified Gronlykke as applied to claim 11 above does not expressly disclose wherein at least one of the first fluid-filled chamber and the second fluid-filled chamber is pressurized and/or includes a tensile member disposed therein.
However, and in further view of Rudy: Rudy teaches a sole structure (Abstract) wherein a fluid-filled chamber 10 (i.e. “inflated insert 10”; col. 3 line 31) is pressurized (col. 3 line 57; col. 3 line 67). Rudy further teaches that “inflating gas is introduced until...desired pressure...is reached” (col. 4 lines 7-9) and that a “desired pressure” is provided “in order to: achieve...dynamic responsive characteristics; tune the air spring to the size, stride and mass of the wearer’s body; or achieve...levels of comfort” (col. 5 line 66 – col. 6 line 2).
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 Gronlykke such that its first fluid-filled chamber is pressurized and its second fluid-filled chamber is pressurized, as in Rudy, in order to achieve a desirable dynamic responsive characteristic and/or level of comfort afforded by each chamber, as suggested by Rudy (col. 5 line 66 – col. 6 line 2).
Regarding claim 16:
Gronlykke in view of Rudy teaches The kit of Claim 11, as set forth above.
As applied to claim 11 above, the modified Gronlykke does not expressly disclose wherein the first fluid-filled chamber and the second fluid-filled chamber are identical to one another.
However and in further view of Rudy:
Rudy as embodied in Figs. 1-3 is capable of being provided in one article of footwear. Another chamber that would be identical as the chamber of Figs. 1-3 would be capable of being provided in yet another article of footwear. As such, one of ordinary skill would expect the fluid-filled chamber as depicted in Fig. 1 could absorb shock and/or provide cushioning to one article of footwear and yet another, identical, chamber could absorb shock and/or provide cushioning to yet another article of footwear.
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 Gronlykke such that the first fluid-filled chamber and the second fluid-filled chamber are identical to one another in order to yield the predictable result of a kit whose constituent fluid-filled chambers can be made by the same parts and process for the purpose of manufacturing simplification – e.g. being able to utilize the same parts and process of manufacture for each chamber of the kit.
Regarding claim 23:
Gronlykke in view of Rudy teaches The kit of Claim 11, as set forth above.
Gronlykke further discloses wherein (i) the first side support includes a first plurality of slats (see annotated Fig. 6 – a below) extending between a first base member (see annotated Fig. 6 – a below) and a first brace (see annotated Fig. 6 – a below) and (ii) the second side support includes a second plurality of slats (as in annotated Fig. 6 – a below) extending between a second base member (as in annotated Fig. 6 – a below) and a second brace (as in annotated Fig. 6 – a below).
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Regarding claim 24:
Gronlykke in view of Rudy teaches The kit of Claim 23, as set forth above.
Gronlykke further discloses wherein (i) the first base member is attached to the first outsole (either directly or via intervening element(s) consistent with how the term “attached to” is described in the present specification as filed; see para 35 thereof) and the first brace is connected to the first upper (either directly or via intervening element(s) consistent with how the term “connected to” is described in the present specification as filed; see para 35 thereof), and (ii) the second base member is attached to the second outsole (either directly or via intervening element(s) consistent with how the term “attached to” is described in the present specification as filed; see para 35 thereof) and the second brace is connected to the second upper (either directly or via intervening element(s) consistent with how the term “connected to” is described in the present specification as filed; see para 35 thereof).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Gronlykke, US 2018/0317603] and [Rudy, US 4,219,945] as applied to claim 11 above, and further in view of [Silverman, US 2003/0131499, newly cited].
Regarding claim 18:
Gronlykke in view of Rudy teaches The kit of Claim 11, as set forth above.
Gronlykke and Rudy as applied to claim 11 above does not expressly disclose wherein the first plate and the first side support are more rigid than a material forming the first fluid-filled chamber and the second plate and the second side support are more rigid than a material forming the second fluid-filled chamber.
Silverman teaches a plate (“outsole”) is more rigid than a material forming a “cushioning and shock absorbing” midsole: “outsole and the midsole will be formed of polymer materials having different properties of flexibility, resiliency and/or cushioning effect. In this regard, the outsole can be constructed of a more rigid wear resistant polymer...On the other hand, the midsole may be constructed as a more flexible or resilient material to provide cushioning and shock absorbing properties for the wearer” (para 4).
Though Silverman does not teach a specific relative rigidity of a side support relative to a cushioning and shock absorbing midsole, a person of ordinary skill would look to Gronlykke and recognize that wear resistance as described in Silverman para 4 would be applicable to the first and second side supports insofar as the first and second side supports of Gronylkke are configured to contact a ground surface (e.g. upon sliding as described in the final two sentences of para 21 and as evidenced in Figs. 8c and 8d wherein the side supports of Figs. 8c and 8d are configured to contact a ground surface).
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 Gronlykke such that the first plate and the first side support are more rigid than a material forming the first fluid-filled chamber and the second plate and the second side support are more rigid than a material forming the second fluid-filled chamber in order to provide the plates and the side support with wear resistance and the fluid-filled chamber with cushioning and/or shock absorbing properties, as suggested by Silverman (para 4).
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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