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 10/29/2025 is acknowledged.
Claims 1-3, 5-13, and 15-21 are presented.
Claims 5-7 and 19-20 remain withdrawn.
Claims 1, 17, and 18 are presented in independent form.
Independent claims 17-18 are amended.
Dependent claim 21 is amended.
The present Office action treats claims 1-3, 8-13, 15-18, and 21 on the merits.
The present Office action is a final rejection.
Response to Arguments
Applicant’s REMARKS of 10/29/2025 (see p. 6-11 of the reply) are fully considered.
Regarding Claim Objection (p. 6): Applicant’s arguments are fully considered and are persuasive. Specifically, applicant’s amendment to claim 17 overcomes the claim objection set forth in the previous Office action. It is noted that Applicant’s amendment has necessitated a new claim objection of a different claim; see Claim Objections below.
Regarding Claim Rejections – 35 U.S.C. § 112 (p. 6). Applicant’s arguments are fully considered and are persuasive. Specifically, applicant’s amendment to claim 21 overcomes the 35 USC 112 rejection thereof set forth in the previous Office action.
Regarding 35 U.S.C. § 102 (p. 7-9). Applicant’s arguments are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 1-3, 8-13, and 15-16 are allowed.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18 line 14: “a bottom portion of the upper” should be --the bottom portion of the upper--
Appropriate correction is required.
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, newly 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); and
an outer plate 3 (i.e. “outer sole 3”; col. 1 line 53) provided on a bottom side of the upper (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 a bottom portion of the upper (see 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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Claim(s) 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Chung, KR-101823292-B1, newly cited].
Regarding claim 18:
Chung discloses (Figs. 1a-1d):
A shoe (“shoe”; para 30; no specific numeral provided therefor; elements thereof identified hereinbelow) comprising:
an outer plate 140 (i.e. “outsole 140”; para 30);
an upper 100 (i.e. “upper 100”; para 30); and
an inner plate 120 (i.e. “insole 120”; para 30) provided on an upper side of a bottom portion of the upper (see annotated Figs. 1a-1b – a below),
the outer plate 140 comprising: a second attachment portion (see annotated Figs. 1a-1b – a below) configured to be disposed on a bottom side of the bottom portion of the upper (see annotated Figs. 1a-1b – a below), the second attachment portion being attached to the inner plate (Fig. 1a);
a contact portion (see annotated Figs. 1a-1b – a below) configured to contact at least one of a cleat and a pedal (outer plate 140 is an “outsole” such that the contact portion thereof identified hereinbelow is configured to contact a plurality of surfaces provided below said contact portion including a “the ground” in similar to the way this capability is described in relation to the embodiment described in para 44; the contact portion is therefore capable of contacting a surface or an object presented below the contact portion, including a cleat and/or a pedal), the contact portion including a plurality of second holes in the outer plate (see annotated Figs. 1a-1b – a below); and
a hook-shaped second engagement portion (see annotated Figs. 1a-1b – a below) configured to engage a first engagement portion (see annotated Figs. 1a-1b – a below) of the inner plate through an engagement opening (see annotated Figs. 1a-1b – a below) in the inner plate,
the outer plate being a one-piece member (Figs. 1a-1b),
a bottom portion of the upper including a plurality of third holes (see annotated Figs. 1a-1b – a below), and
at least a portion of each of the plurality of second holes and the plurality of third holes being configured to overlap in a state in which the upper and the outer plate are assembled (as in Figs. 1a-1b).
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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