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 filed on 1/14/2026 has been received; Claims 2-22 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 2-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Omstead (US 2005/0091884).
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).
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).
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).
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
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 KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732