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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/27/2025 has been entered.
Response to Amendment
Applicant’s amendment of 10/27/2025 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 non-final rejection.
Response to Arguments
Applicant’s REMARKS of 10/27/2025 (see p. 6-10 of the reply) are fully considered.
Regarding 35 U.S.C. §103 and New Claims (p. 6-10): 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Park, WO-2011078528-A2].
Regarding claim 1:
Park discloses (Figs. 1-2):
a first article of footwear 10 including (i) a first upper 200, (ii) a first sole structure 100 having (a) a first outsole 120 defining a first ground-contacting surface (as evident in Figs. 1-2 wherein the surface of 120 that is facing away from 114 is a ground-contacting surface)
Park Figs. 1-2 does not expressly disclose (b) a first side support extending between and connecting the first upper and the first outsole in a forefoot region of the first sole structure on a medial side 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
However and in further view of Park:
Park as embodied in paras 81-82 and Fig. 12 teaches a “preferred embodiment” (para 82) wherein a first side support (see annotated Fig. 12 – a below) is configured to extend between and connect an upper and an outsole in a forefoot region of a first sole structure on a medial side of an article of footwear (Park does not state which side is which in Fig. 12; however, Park para 82 states the members 11 can be provided on either the medial (“at the inner side”) or on the lateral (“or at the outer side”) and further configured such that the upper and the outsole are not connected by a side support on a lateral side of the article of footwear (insofar as the first side support identified in annotated Fig. 12 – a hereinbelow is not provided on the other side of the sole structure of Fig. 12; in addition, no other support is provided on the other side of the sole structure than the side which comprises the first side support).
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Park further teaches “when the...members 111 are formed at the” medial side, “O-shaped legs can be corrected” (para 82) further wherein “the present invention can correct O-shaped legs by inducing eversion moment to face the sole outward in the swing phase and inducing a rotational force to move the knees inward by rotating the shin outward by the law of action and reaction at the ankle joint” (para 26).
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 article of footwear of Park Figs. 1-2 such that its sole structure 100 is the sole structure of Fig. 12 and described in para 82 wherein the first side support is provided on the medial side such that a first side support is extending between and connecting the first upper and the first outsole in a forefoot region of the first sole structure on a medial side 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 in order to permit the article of footwear to correct for a bowleg, as taught by Park (paras 26 and 82).
Park does not expressly disclose a kit comprising the first article of footwear and a second article of footwear including (i) a second upper, (ii) a second sole structure having (a)a second outsole defining a second ground-contacting surface, and (b) a second side support extending between and connecting the second upper and the second outsole in a forefoot region of the second sole structure on a lateral side of the second article of footwear, whereby the second upper and the second outsole are not connected by a side support on the medial side of the second article of footwear.
However and in further view of Park:
Park teaches “health-related problems...have become serious...problems...the whole nation is growing more and more interested in health due to the advent of the well-being era. In such a context, exercise, orthotherapy,...and so on, has recently become the main interest among not only women but also men” (para 13).
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 provided, in addition to the first article of footwear as set forth hereinbelow, yet another article of footwear, thereby yielding a kit comprising the first article of footwear and a second article of footwear in order to solve plural problems: i.e. a first problem on one wearer with the first shoe and a second problem on the same wearer or on another wearer with the second shoe. One of ordinary skill would have recognized the need to solve plural problems for one or more person(s) based on the teaching in para 13 that plural “problems” exist among plural people (i.e. “women” and “men”) within the context of the disclosure of Park (para 13).
Regarding the limitation the second article of footwear including (i) a second upper, (ii) a second sole structure having (a)a second outsole defining a second ground-contacting surface, and (b) a second side support extending between and connecting the second upper and the second outsole in a forefoot region of the second sole structure on a lateral side of the second article of footwear, whereby the second upper and the second outsole are not connected by a side support on the medial side of the second article of footwear.
Park teaches the first side support identified in above Fig. 12 – a annotated is be provided on either the medial (“at the inner side”) or on the lateral (“or at the outer side”) such that Park paras 81-82 and Fig. 12 further teach a second side support (i.e. the same side support as identified in Fig. 12 – a annotated above) is configured to extend between and connect an upper and an outsole in a forefoot region of a first sole structure on a lateral side of an article of footwear (Park does not state which side is which in Fig. 12; however, Park para 82 states the members 11 can be provided on either the medial (“at the inner side”) or on the lateral (“or at the outer side”) and further configured such that the upper and the outsole are not connected by a side support on a medial side of the article of footwear (insofar as the side support identified in annotated Fig. 12 – a above is not provided on the other side of the sole structure of Fig. 12; in addition, no other support is provided on the other side of the sole structure than the side which comprises the identified side support).
Park further teaches “when the...members 111 are formed at” the lateral side, “X-shaped legs can be corrected” (para 82) further wherein “the present invention can correct X-shaped legs by inducing inversion moment to face the sole inward in the swing phase and inducing a rotational force to move the knees outward by rotating the shin inward by the law of action and reaction at the ankle joint” (para 27).
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 second article of footwear of the kit such that it is provided with a sole structure of Fig. 12 - a with its side support provided on a lateral side, thereby yielding the second article of footwear including (i) a second upper, (ii) a second sole structure having(a)a second outsole defining a second ground-contacting surface, and (b) a second side support extending between and connecting the second upper and the second outsole in a forefoot region of the second sole structure on a lateral side of the second article of footwear, whereby the second upper and the second outsole are not connected by a side support on the medial side of the second article of footwear in order to yield an article of footwear that is capable of a correcting a knock-kneed leg, as taught by Park (paras 27 and 82).
Regarding claim 2:
Park teaches The kit of Claim 1, as set forth above.
The modified Park further meets the limitation wherein the first outsole is a first plate (in the same way that outsole 120 of Park Fig. 12 is a plate) and the second outsole is a second plate (in the same way that outsole 120 of Park Fig. 12 is a plate).
Claim(s) 3 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Park, WO-2011078528-A2] in view of [Rudy, US 4,219,945, previously cited].
Regarding claim 3:
Park teaches The kit of Claim 2, as set forth above.
Park 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.
In further view of Park, the both first and second articles of footwear comprise the sole structure of Fig. 12 (as in above treatment of claim 1) wherein said sole structure of Fig. 12 comprises a midsole 114, the midsole being disposed between the plate and the upper in the same manner that midsole of 114 of Fig. 12 of Park is configured to be provided between plate 120 of Park and an upper of Park.
Park is silent as to whether a midsole comprises a fluid-filled chamber or not.
However, Rudy teaches a sole structure (Abstract) comprising 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) that extends 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 a 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 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 kit such that the midsole of its first article is provided with a first fluid-filled chamber disposed between the first plate and the first upper and the midsole of its second article is provided with a second fluid-filled chamber disposed between the second plate and the second upper in order to permit each chamber to absorb shock and/or cushion the foot, as taught by Rudy (col. 5 lines 52-54).
Regarding claim 6:
Park teaches The kit of Claim 1, as set forth above.
Park does not expressly disclose further comprising a first fluid-filled chamber disposed between the first outsole and the first upper and a second fluid-filled chamber disposed between the second outsole and the second upper.
In further view of Park, the both first and second articles of footwear comprise the sole structure of Fig. 12 (as in above treatment of claim 1) wherein said sole structure of Fig. 12 comprises a midsole 114, the midsole being disposed between the outsole and the upper in the same manner that midsole of 114 of Fig. 12 of Park is configured to be provided between outsole/plate 120 of Park and an upper of Park.
Park is silent as to whether a midsole comprises a fluid-filled chamber or not.
However, Rudy teaches a sole structure (Abstract) comprising 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) that extends 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 a 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 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 kit such that the midsole of its first article is provided with a first fluid-filled chamber disposed between the first outsole and the first upper and the midsole of its second article is provided with a second fluid-filled chamber disposed between the second outsole and the second upper in order to permit each chamber to absorb shock and/or cushion the foot, as taught by Rudy (col. 5 lines 52-54).
Regarding claim 7:
Park in view of Rudy teaches The kit of Claim 6, as set forth above.
The modified Park as applied to claim 6 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, 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 Park 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:
Park in view of Rudy teaches The kit of Claim 6, as set forth above.
Park and Rudy as applied to claim 6 above does not expressly disclose 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 the 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 the lateral side.
However, Rudy teaches a sole structure (Abstract) wherein a fluid-filled chamber 10 (Figs. 1-3) (i.e. “inflated insert 10”; col. 3 line 31) extends 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 a 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 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 Park such that the first fluid-filled chamber extends continuously and uninterrupted from a forefoot region of the first sole structure to a heel region of the first sole structure along the medial side and extends continuously and uninterrupted from the forefoot region of the first sole structure to the heel region of the first sole structure along the lateral side and the second fluid-filled chamber extends continuously and uninterrupted from a forefoot region of the second sole structure to a heel region of the second sole structure along the lateral side and extends continuously and uninterrupted from the forefoot region of the second sole structure to the heel region of the second sole structure along the medial side in order to permit each chamber to absorb shock and/or cushion the foot at heel and toe regions of each respective 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 9:
Park in view of Rudy teaches The kit of Claim 8, as set forth above.
As applied to claim 8 above, the modified Park 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 Park 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:
Park in view of Rudy teaches The kit of Claim 9, as set forth above.
As applied to claim 9 above, the modified Park 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 Park 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 [Park, WO-2011078528-A2] and [Rudy, US 4,219,945, previously cited] as applied to claim 3 above, and further in view of [Miner, US 2012/0042539, previously cited].
Park in view of Rudy teaches The kit of Claim 3, as set forth above.
Park 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.
However, Miner teaches (Figs. 23-24) a footwear item (Abstract) comprising a fluid-filled chamber 2300 and a structure 2100 that is provided that is provided above and below the fluid-filled chamber 2300 (para 148; Figs. 23-24). Miner further teaches that structure 2100 “may be substantially more rigid than fluid filled member 2300...member 2100 may be substantially more rigid than fluid filled member 2300 in order to provide support for fluid filled member 2300” (para 153).
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 Park 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 support for the fluid filled member, as suggested by Miner (para 153).
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Park, WO-2011078528-A2] and [Hines, US 2001/0000835, newly cited].
Regarding claim 21:
Park teaches The kit of Claim 1, as set forth above.
Park as applied to claim 1 above does not expressly disclose wherein (i) the first side support includes a first plurality of slats extending between a first base member and a first brace and (ii) the second side support includes a second plurality of slats extending between a second base member and a second brace.
However, Hines teaches a support 10 for a sole structure (“insole...within a shoe”; Abstract) includes a plurality of slats extending 20 between a first base member 17 and a first brace 18. Hines teaches the combined slates, base member, and brace provide “partitions 20” to form “pockets 16” that facilitate the “inserting and removal” of “strips 11” into and from the support 10 “so that the overall weight of insert 10 can be easily changed and the position of...strips 11 can be easily changed” (para 27).
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 Park such that the first side support includes a first plurality of slats extending between a first base member and a first brace and (ii) the second side support includes a second plurality of slats extending between a second base member and a second brace in order to permit customization of the magnitude and distribution of weight within the support, as suggested by Hines (para 27).
Regarding claim 22:
Park in view of Hines teach The kit of Claim 21, as set forth above.
The modified Park further meets the limitation wherein (i) the first base member is attached to (either directly or via one or more intervening element(s) by virtue of both base member and plate being part of the same article of footwear) the first plate and the first brace is connected to (either directly or via one or more intervening element(s) by virtue of both brace and upper being part of the same article of footwear) the first upper, and (ii) the second base member is attached (either directly or via one or more intervening element(s) by virtue of both base member and plate being part of the same article of footwear) to the second plate and the second brace is connected to (either directly or via one or more intervening element(s) by virtue of both brace and upper being part of the same article of footwear) the second upper.
Claim(s) 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Park, WO-2011078528-A2] in view of [Rudy, US 4,219,945, previously cited].
Regarding claim 11:
Park discloses (Figs. 1-2):
a first article of footwear 10 including (i) a first upper 200, (ii) a first sole structure 100 having (a) a first plate 120 defining a first ground-contacting surface (as evident in Figs. 1-2 wherein the surface of 120 that is facing away from 114 is a ground-contacting surface)
Park Figs. 1-2 does not expressly disclose (iii) a first side support extending between and connecting the first upper and the first plate in a forefoot region of the first sole structure and beginning and terminating on a medial side 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
However and in further view of Park:
Park as embodied in paras 81-82 and Fig. 12 teaches a “preferred embodiment” (para 82) wherein a first side support (see annotated Fig. 12 – a presented in above addressing of claim 1)) is configured to extend between and connect an upper and a plate in a forefoot region of a first sole structure and beginning (as in annotated Fig. 12 – a presented in above addressing of claim 1) and terminating (as in annotated Fig. 12 – a presented in above addressing of claim 1) on a medial side of an article of footwear (Park does not state which side is which in Fig. 12; however, Park para 82 states the members 11 can be provided on either the medial (“at the inner side”) or on the lateral (“or at the outer side”) and further configured such that the article of footwear comprising the first side support does not include a side support connecting the upper and the plate on a lateral side of the article of footwear (insofar as the first side support identified in annotated Fig. 12 – a hereinbelow is not provided on the other side of the sole structure of Fig. 12; in addition, no other support is provided on the other side of the sole structure than the side which comprises the first side support). Park further teaches the sole structure further comprises a midsole 114 configured to be disposed between the plate and the upper (Fig. 12)
Park further teaches “when the...members 111 are formed at the” medial side, “O-shaped legs can be corrected” (para 82) further wherein “the present invention can correct O-shaped legs by inducing eversion moment to face the sole outward in the swing phase and inducing a rotational force to move the knees inward by rotating the shin outward by the law of action and reaction at the ankle joint” (para 26).
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 article of footwear of Park Figs. 1-2 such that its sole structure 100 is the sole structure of Fig. 12 and described in para 82 wherein a first midsole is provided between the first plate and the first upper; the first side support is provided on the medial side such that a first side support extending between and connecting the first upper and the first plate in a forefoot region of the first sole structure and beginning and terminating on a medial side 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 in order to permit the article of footwear to correct for a bowleg, as taught by Park (paras 26 and 82).
Park does not expressly disclose a kit comprising the first article of footwear and a second article of footwear including (i) a second upper, (ii) a second sole structure having (a) a second plate defining a second ground-contacting surface and (b) a second fluid-filled chamber disposed between the second plate and the second upper, the second fluid-filled chamber extending continuously and uninterrupted from a 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, and (iii) a second side support extending between and connecting the second upper and the second plate in the forefoot region of the second sole structure and beginning and terminating on a lateral side of the second article of footwear, whereby the second article of footwear does not include a side support connecting the second upper and the second plate on a medial side of the second article of footwear.
However and in further view of Park:
Park teaches “health-related problems...have become serious...problems...the whole nation is growing more and more interested in health due to the advent of the well-being era. In such a context, exercise, orthotherapy,...and so on, has recently become the main interest among not only women but also men” (para 13).
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 provided, in addition to the first article of footwear as set forth hereinbelow, yet another article of footwear, thereby yielding a kit comprising the first article of footwear and a second article of footwear in order to solve plural problems: i.e. a first problem on one wearer with the first shoe and a second problem on the same wearer or on another wearer. One of ordinary skill would have recognized the need to solve plural problems for one or more person(s) based on the teaching in para 13 that plural “problems” exist among plural people (i.e. “women” and “men”) within the context of the disclosure of Park (para 13).
Regarding the limitation the second article of footwear including (i) a second upper, (ii) a second sole structure having (a) a second plate defining a second ground-contacting surface and (iii) a second side support extending between and connecting the second upper and the second plate in the forefoot region of the second sole structure and beginning and terminating on a lateral side of the second article of footwear, whereby the second article of footwear does not include a side support connecting the second upper and the second plate on a medial side of the second article of footwear:
Park teaches the first side support identified in above Fig. 12 – a annotated is be provided on either the medial (“at the inner side”) or on the lateral (“or at the outer side”) such that Park paras 81-82 and Fig. 12 further teach a second side support (i.e. the same side support as identified in Fig. 12 – a annotated presented in above treatment of claim 1) is configured to extend between and connect an upper and an outsole in a forefoot region of a first sole structure on a lateral side of an article of footwear (Park does not state which side is which in Fig. 12; however, Park para 82 states the members 11 can be provided on either the medial (“at the inner side”) or on the lateral (“or at the outer side”) and further configured such that the upper and the outsole are not connected by a side support on a medial side of the article of footwear (insofar as the side support identified in annotated Fig. 12 – a presented in above treatment of claim 1 above is not provided on the other side of the sole structure of Fig. 12; in addition, no other support is provided on the other side of the sole structure than the side which comprises the identified side support).
Park further teaches “when the...members 111 are formed at” the lateral side, “X-shaped legs can be corrected” (para 82) further wherein “the present invention can correct X-shaped legs by inducing inversion moment to face the sole inward in the swing phase and inducing a rotational force to move the knees outward by rotating the shin inward by the law of action and reaction at the ankle joint” (para 27).
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 second article of footwear of the kit such that it is provided with a sole structure of Fig. 12 - a with its side support provided on a lateral side, thereby yielding the second article of footwear including (i) a second upper, (ii) a second sole structure having (a) a second plate defining a second ground-contacting surface and (iii) a second side support extending between and connecting the second upper and the second plate in the forefoot region of the second sole structure and beginning and terminating on a lateral side of the second article of footwear, wherein a second midsole is provided between the second plate and the second upper, whereby the second article of footwear does not include a side support connecting the second upper and the second plate on a medial side of the second article of footwear in order to yield an article of footwear that is capable of a correcting a knock-kneed leg, as taught by Park (paras 27 and 82).
The modified Park does not meet the limitations:
the first article of footwear 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 the medial side of the sole structure.
the second article of footwear comprising a second fluid-filled chamber disposed between the second plate and the second upper, second first 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 the lateral side of the sole structure.
Rather, as explained above, the first article of footwear comprises first midsole disposed between the first plate and the first upper and a second midsole disposed between the second plate and the second upper in the same manner that midsole of 114 of Fig. 12 of Park is configured to be provided between plate 120 of Park and an upper of Park.
Park is silent as to whether a midsole comprises a fluid-filled chamber or not.
However, Rudy teaches a sole structure (Abstract) comprising 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) that extends 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 a 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 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 kit such that its first midsole is 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 the medial side of the sole structure and its second midsole is comprising a second fluid-filled chamber disposed between the second plate and the second upper, second first 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 the lateral side of the sole structure in order to permit shock absorption and/or cushioning of the foot at heel and toe regions of the 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:
Park in view of Rudy teach The kit of claim 11, as set forth above.
As applied to claim 11 above, the modified Park 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 Park 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:
Park in view of Rudy teach The kit of claim 12, as set forth above.
The modified Park 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:
Park in view of Rudy teach The kit of claim 11, as set forth above.
As applied to claim 11 above, the modified Park 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 Park 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:
Park in view of Rudy teaches The kit of Claim 11, as set forth above.
The modified Park 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 Park 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:
Park in view of Rudy teaches The kit of Claim 11, as set forth above.
As applied to claim 11 above, the modified Park 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 Park 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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Park, WO-2011078528-A2] and [Rudy, US 4,219,945, previously cited] as applied to claim 11 above, and further in view of [Miner, US 2012/0042539, previously cited].
Park in view of Rudy teaches The kit of Claim 11, as set forth above.
Park 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.
However, Miner teaches (Figs. 23-24) a footwear item (Abstract) comprising a fluid-filled chamber 2300 and a structure 2100 that is provided that is provided above and below the fluid-filled chamber 2300 (para 148; Figs. 23-24). Miner further teaches that structure 2100 “may be substantially more rigid than fluid filled member 2300...member 2100 may be substantially more rigid than fluid filled member 2300 in order to provide support for fluid filled member 2300” (para 153).
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 Park 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 support for the fluid filled member, as suggested by Miner (para 153).
Claim(s) 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Park, WO-2011078528-A2] and [Rudy, US 4,219,945, previously cited] as applied to claim 11 above, and further in view of [Hines, US 2001/0000835, newly cited].
Regarding claim 23:
Park in view of Rudy teaches The kit of Claim 11, as set forth above.
Park and Rudy as applied to claim 11 above does not expressly disclose wherein (i) the first side support includes a first plurality of slats extending between a first base member and a first brace and (ii) the second side support includes a second plurality of slats extending between a second base member and a second brace.
However, Hines teaches a support 10 for a sole structure (“insole...within a shoe”; Abstract) includes a plurality of slats extending 20 between a first base member 17 and a first brace 18. Hines teaches the combined slates, base member, and brace provide “partitions 20” to form “pockets 16” that facilitate the “inserting and removal” of “strips 11” into and from the support 10 “so that the overall weight of insert 10 can be easily changed and the position of...strips 11 can be easily changed” (para 27).
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 Park such that the first side support includes a first plurality of slats extending between a first base member and a first brace and (ii) the second side support includes a second plurality of slats extending between a second base member and a second brace in order to permit customization of the magnitude and distribution of weight within the support, as suggested by Hines (para 27).
Regarding claim 24:
Park in view of Rudy and Hines teach The kit of Claim 23, as set forth above.
The modified Park further meets the limitation wherein (i) the first base member is attached to (either directly or via one or more intervening element(s) by virtue of both base member and plate being part of the same article of footwear) the first plate and the first brace is connected to (either directly or via one or more intervening element(s) by virtue of both brace and upper being part of the same article of footwear) the first upper, and (ii) the second base member is attached (either directly or via one or more intervening element(s) by virtue of both base member and plate being part of the same article of footwear) to the second plate and the second brace is connected to (either directly or via one or more intervening element(s) by virtue of both brace and upper being part of the same article of footwear) the second upper.
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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