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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/08/2026 has been entered.
Response to Amendment
Applicant’s amendment of 05/08/2026 is acknowledged.
Claims 1-3, 5-13, and 15-21 are presented.
Claims 5-7 and 19-20 remain withdrawn.
The present Office action treats claims 1-3, 8-13, 15-18, and 21 on the merits.
The present Office action is a non-final rejection.
Response to Arguments
Applicant’s REMARKS of 05/08/2026 (see p. 6-9 of the reply) are fully considered.
Regarding Claim Objection (p. 6): Applicant’s arguments are fully considered and are persuasive. Specifically, upon review of the amendment of 05/08/2026 and Applicant’s remarks of 05/08/2026, and upon further review of the disclosure as filed, the claim objection raised in the previous Office action is overcome.
Regarding Claim Rejections – 35 U.S.C. § 102 (p. 6-9): Applicant’s arguments are fully considered. Applicant’s arguments directed to independent claim 17 are fully considered but they are not persuasive. Applicant’s arguments are drawn to newly amended subject matter which has necessitated a new interpretation of the prior art and is presented in the rejections below. It is noted that Applicant’s specific argument that element 2 of Lin “includes holes 21 located on a side of the upper 2, not on a bottom portion located between the inner and outer plates 1 and 3” is fully considered but is not persuasive. Although Fig. 1 of [Lin, US 5,339,543] appears to show holes 21 on a side of an upper, Fig. 1 is “an exploded...view” col. 1 line 40), and Lin Fig. 2 shows holes 21 of upper 2 “combined with a outer sole and an inner sole (col. 1 lines 42-43) in such a way that a bottom portion of the upper of Lin (see also rejections below identifying such) is disposed between the inner plate and the outer plate as claimed. Attention is drawn to the specification of Lin which states “sides 20...pushed to insert in the slots 10...and are then bent to force the holes 21...to align with the related...holes 11 of the inner sole 1 so that screws N...protrude through the holes 21 as shown in FIG. 2, completing assembly of the inner sole 1 with the vamp 2” (col. 2 lines 20-27). In other words, though “hole 21” is “in...side 20”, of upper 2 (col. 2 line 5), the side 20 is bent as described in col. 2 lines 20-27 and shown in Fig. 2 such that Lin comprises a bottom portion of the upper as claimed, as set forth in the rejections below.
Applicant’s specific arguments directed to claim 18 (see p. 8-9 of the reply) are fully considered and are persuasive. Claim 18 is allowable over the art of record, as indicated below.
Allowable Subject Matter
Claims 1-3, 8-13, 15-16, and 18 are allowed.
Claim Rejections - 35 USC § 102
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) 17 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Lin, US 5,339,543, previously cited].
Regarding claim 17:
Lin discloses (Figs. 1-4):
A shoe (“shoe”; col. 1 line 52; no specific numeral provided therefor; elements thereof identified hereinbelow) comprising:
an inner plate 1 (i.e. “inner sole 1”; col. 1 line 53);
an upper 2 (i.e. “vamp 2”; col. 1 line 53) having a bottom portion (see annotated Figs. 1-2 – a below); and
an outer plate 3 (i.e. “outer sole 3”; col. 1 line 53) provided on a bottom side of the bottom portion (see annotated Figs. 1-2 – a below),
the inner plate 1 comprising:
a forefoot part (see annotated Figs. 1-2 – a below) including a first attachment portion (see annotated Figs. 1-2 – a below) coupled to (via at least “screws N2”; col. 2 lines 31-33; Figs. 1 and 3) the outer plate 3;
a hindfoot part (see annotated Figs. 1-2 – a below) located rearward of the forefoot part (as in annotated Figs. 1-2 – a below) and integrally formed with (as in annotated Figs. 1-2 – a below) the forefoot part;
a heel pad 4 (i.e. “heel 4”; col. 1 line 54) coupled to (via at least “Screws N3”; col. 2 lines 38-40; Figs. 1 and 3) the hindfoot part, and the heel pad 4 projecting from a bottom surface of the hindfoot part (see annotated Figs. 1-2 – a below);
a plurality of first holes 11 (i.e. “holes 11”; col. 2 line 3) in the inner plate; and
at least one engagement portion (see annotated Figs. 1-2 – a below) including a first engagement surface (see annotated Figs. 1-2 – a below) spaced apart from a top surface of the inner plate (as in annotated Figs. 1-2 – a below) and a first engagement opening (through which 20 traverses; see annotated Figs. 1-2 – a below) formed in a bottom surface of the inner plate (see annotated Figs. 1-2 – a below), the first engagement opening being adjacent to the first engagement surface (as in annotated Figs. 1-2 – a below),
the inner plate 1 being inserted inside the upper 2 (elements 20 of upper are “bent” (col. 2 line 22; Fig. 1) such that the bent elements 20 of the upper 2 and the remainder of the upper 2 define a volume within which plate 1 is inserted; Fig. 1) and overlying an upper side of the bottom portion of the upper (see annotated Figs. 1-2 – a below) such that the bottom portion of the upper is disposed between the inner plate and the outer plate (as in Fig. 2 of annotated Figs. 1-2 – a below),
the bottom portion of the upper including a plurality of third holes 21 (i.e. “holes 21”; col. 1 line 68), and
at least a portion of each of the plurality of first holes 11 and the plurality of third holes 21 being configured to overlap in a state in which the upper and the inner plate are assembled (“holes 21...align with...holes 11...so that screws...may protrude through...holes 21 to screw into...holes 11”; col. 2 lines 22-25).
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Regarding claim 21:
Lin discloses The shoe according to claim 17, as set forth above.
Lin further discloses wherein the heel pad 4 is coupled to (via at least “Screws N3”; col. 2 lines 38-40; Figs. 1 and 3) the inner plate 1 with the upper 2 disposed therebetween (see annotated Fig. 3 – b below; it is noted that each “side 20” (col. 2 line 5) of the upper 2 is “bent” (col. 2 line 22 and in the manner shown in Fig. 2) such that each hole 21 of each side 20 of the upper is provided in alignment with a hole 12 of the inner plate such that the upper is provided in the location identified in annotated Fig. 3 – b below; it is further noted that “If something is between two things, it has one of the things on one side of it and the other thing on the other side of it” (between. (n.d.) Collins COBUILD English Usage. (1992, 2004, 2011, 2012). Retrieved February 16 2026 from https://www.thefreedictionary.com/between) and that heel pad 4 is on a left side of the upper 2 as presented in Fig. 3 and that inner plate 1 is on a right side of the upper as presented in Fig. 3 such that heel pad 4 is coupled to inner plate 1 with upper 2 disposed therebetween as claimed)
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Conclusion
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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