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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/10/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-22 are rejected under 35 U.S.C. 103 as being unpatentable over Omstead (US 2005/0091884) in view of Faniran (US 2007/0124848).
Regarding Claim 2, Omstead discloses an article of footwear customization kit (Figures 1-2, 6A & 6B), the article of footwear including a tongue (150) extending from a midfoot of the article of footwear to an opening to admit a foot of a wearer of the article of footwear (Figure 1), comprising: a first cover (130), configured to be fully removably attachable to the article of footwear proximate the tongue of the article of footwear (Figures 1 & 2), the first cover configured to enclose, at least in part, a first component (Figures 1 & 2, Para. 32) and a second cover (140) configured to be fully removably attachable proximate a heel portion of the article of footwear relative to the first cover (Figures 1 & 2); wherein the second cover is configured to cover a second component (Figures 1 & 2, Para. 31); and wherein the first and second cover are configured to be movable relative to the article of footwear (Figures 1 & 2). Omstead does not specifically disclose the article of footwear including a tongue extending from and secured to a midfoot of the article of footwear to an opening to which tongue is not secured to admit a foot of a wearer of the article of footwear. However, Faniran discloses an article of footwear (Figure 1) including a tongue (tongue at 10) extending from and secured to a midfoot of the article of footwear to an opening to which tongue is not secured to admit a foot of a wearer of the article of footwear (Figure 1). It would have been obvious to one of ordinary skill in the art to modify the footwear to be a sneaker, as taught by Faniran, for the purpose of providing various components on a fully enclosed foot. The claim would have been obvious because the substitution of one shoe for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Therefore, as modified, the cover would be proximate to the tongue, as claimed.
Regarding Claim 3, Omstead discloses wherein the second component is a power source (Para. 31) and the second cover further covers a motor (Figures 6A & 6B, Para. 41-44), operatively coupled to the power source, configured to upper relative to the second cover (Figures 1, 2 6A & 6B).
Regarding Claim 4, Omstead discloses at least one of, the first cover and the second cover are configured to be physically attached to one another other with a removable attachment mechanisms (Figures 1 & 2).
Regarding Claim 5, Omstead discloses the first cover is configurable to provide customized decoration by a user of the article of footwear customization kit (Para. 32).
Regarding Claim 6, Omstead discloses the first cover forms a concave inner surface of the first cover (Figures 1 & 2).
Regarding Claim 7, Omstead discloses the concave inner surface is configured to cover a device of the article of footwear when the first cover is attached to the article of footwear (Figures 1 & 2).
Regarding Claim 8, Omstead discloses edges of the first cover are configured to mate with a contoured portion of on outer surface of the article of footwear (Figures 1 & 2).
Regarding Claim 9, Omstead discloses a method of making an article of footwear customization kit (Figures 1-2, 6A & 6B), the article of footwear including a tongue (150) extending from a midfoot of the article of footwear to an opening to admit a foot of a wearer of the article of footwear (Figure 1), comprising: configuring a first cover (130) to be fully removably attachable attached to the article of footwear proximate the tongue of the article of footwear (Figures 1 & 2), the first cover configured to enclose, at least in part, a first component (Para. 32), and configuring a second cover (140) to be fully removably attachable proximate a heel portion of the article of footwear relative to the first cover (Figures 1 & 2); wherein the second cover is configured to cover a second component (Figures 1 & 2, Para. 31); and wherein the first and second cover are configured to be movable relative to the article of footwear (Figures 1 & 2). Omstead does not specifically disclose the article of footwear including a tongue extending from and secured to a midfoot of the article of footwear to an opening to which tongue is not secured to admit a foot of a wearer of the article of footwear. However, Faniran discloses an article of footwear (Figure 1) including a tongue (tongue at 10) extending from and secured to a midfoot of the article of footwear to an opening to which tongue is not secured to admit a foot of a wearer of the article of footwear (Figure 1). It would have been obvious to one of ordinary skill in the art to modify the footwear to be a sneaker, as taught by Faniran, for the purpose of providing various components on a fully enclosed foot. The claim would have been obvious because the substitution of one shoe for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Therefore
Regarding Claim 10, Omstead discloses wherein the second component is a power source (Para. 31) and the second cover further covers a motor (Figures 6A & 6B, Para. 41-44), operatively coupled to the power source, configured to upper relative to the second cover (Figures 1, 2, 6A & 6B).
Regarding Claim 11, Omstead discloses at least one the first cover and the second cover are configured to be physically attached to one another other with a removable attachment mechanisms (Figures 1 & 2).
Regarding Claim 12, Omstead discloses the first cover is configurable to provide customized decoration by a user of the article of footwear customization kit (Para. 32).
Regarding Claim 13, Omstead discloses the first cover forms a concave inner surface of the first cover (Figures 1 & 2).
Regarding Claim 14, Omstead discloses the concave inner surface is configured to cover a device of the article of footwear when the first cover is attached to the article of footwear (Figures 1 & 2).
Regarding Claim 15, Omstead discloses edges of the first cover are configured to mate with a contoured portion of on outer surface of the article of footwear (Figures 1 & 2).
Regarding Claim 16, Omstead discloses an article of footwear (Figures 1, 2, 6A & 6B), comprising: an upper (150) having an outer surface (Figure 1); a tongue (area of 15) extending from a midfoot of the article of footwear to an opening to admit a foot of a wearer of the article of footwear (Figure 1), a first cover (130) to be fully removably attachable to the outer surface of the upper proximate the tongue of the article of footwear (Figures 1 & 2), the first cover configured to enclose, at least in part, a first component (Para. 32); and a second cover (140) to be fully removably attachable proximate a heel portion of the article of footwear relative to the first cover (Figures 1 & 2); wherein the second cover is configured to cover a second component (Figures 1 & 2, Para. 31); and wherein the first and second cover are configured to be movable relative to the article of footwear (Figures 1 & 2). Omstead does not specifically disclose the article of footwear including a tongue extending from and secured to a midfoot of the article of footwear to an opening to which tongue is not secured to admit a foot of a wearer of the article of footwear. However, Faniran discloses an article of footwear (Figure 1) including a tongue (tongue at 10) extending from and secured to a midfoot of the article of footwear to an opening to which tongue is not secured to admit a foot of a wearer of the article of footwear (Figure 1). It would have been obvious to one of ordinary skill in the art to modify the footwear to be a sneaker, as taught by Faniran, for the purpose of providing various components on a fully enclosed foot. The claim would have been obvious because the substitution of one shoe for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Therefore
Regarding Claim 17, Omstead discloses the second component is a power source (Para. 31) and the second cover further covers a motor (Figures 6A & 6B, Para. 41-44), operatively coupled to the power source, configured to upper relative to the second cover (Figures 1, 2 6A & 6B).
Regarding Claim 18, Omstead discloses at least one of, the first cover and the second cover are configured to be physically attached to one another other with a removable attachment mechanisms (Figures 1 & 2).
Regarding Claim 19, Omstead discloses the first cover is configurable to provide customized decoration by a user of the article of footwear customization kit (Para. 32).
Regarding Claim 20, Omstead discloses the first cover forms a concave inner surface of the first cover (Figures 1 & 2).
Regarding Claim 21, Omstead discloses the concave inner surface is configured to cover a device of the article of footwear when the first cover is attached to the article of footwear (Figures 1 & 2).
Regarding Claim 22, Omstead discloses edges of the first cover are configured to mate with a contoured portion of on outer surface of the article of footwear (Figures 1 & 2).
Response to Amendment
Applicant’s arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
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