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 10/27/2025 has been received. Claims 1-20 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook (US 2016/0000185) in view of Brown (US 2009/0249648).
Regarding Claim 1, Cook discloses a sole (Figures 1-6) forming a part of a shoe (Figures 1 & 7), the sole comprising: a midsole (156, 158,160); a bottom plate (106 & 108) connected to a lower surface of the midsole (Figures 3-6); a top plate (103) connected to an upper surface of the midsole (Figures 3-6), wherein the midsole extends between the bottom plate and the top plate (Figure 3); and at least one pin retaining member (172) that is configured to retain a spike pin (120, 122, 124, 126, 128 & 130) wherein the midsole and the top plate are positioned above the pin retaining member (Figure 3); the bottom plate including: a plate body having a reference surface (116); and at least one base portion that holds the at least one pin retaining member (170); the bottom plate further including a thenar region (thenar, see annotated Figure 2 below) corresponding to an area located between a first portion and a second portion (L1 & L2, see annotated Figure 2 below) configured to support a big toe of a foot of a wearer of the shoe, the first portion corresponds to 20% of a total length of the sole extending toward a front side in a foot length direction of the sole from an MP overlapping portion configured to overlap with an MP joint of the foot of the wearer in a thickness direction of the sole (It is noted, that the sole will fit differently sized feet in different manners and an intended relative position of the sole to the wearer's foot anatomy is functional and not patentably significant), and the second portion corresponds to 20% of the total length of the sole extending toward a rear side in the foot length direction from the MP overlapping portion; the at least one base portion including a thenar base portion disposed in the thenar region (It is noted, that the sole will fit differently sized feet in different manners and an intended relative position of the sole to the wearer's foot anatomy is functional and not patentably significant), and a lower surface of the thenar base portion is formed to be flush with the reference surface or to be recessed above the reference surface (Figure 3).
Cook does not specifically disclose a bottom plate having a higher hardness than the midsole. However, Brown discloses a bottom plate (28) having a higher hardness (Para. 21-25) than a midsole (26). It would have been obvious to one of ordinary skill in the art to have the bottom plate harder than the midsole, as taught by Brown, in order to provide stability, wear resistance and strength.
Regarding Claim 2, Cook discloses the bottom plate includes a toe region (toe, see annotated Figure 2 below) located in a forward portion of the first portion in the foot length direction configured to support a toe of the foot of the wearer in the thickness direction (Figures 1-6, it is noted, that the sole will fit differently sized feet in different manners and an intended relative position of the sole to the wearer's foot anatomy is functional and not patentably significant), the at least one pin retaining member includes a plurality of pin retaining members (Figure 1-6), and the at least one base portion includes a toe base portion disposed in the toe region (Figure 1-6).
Regarding Claim 3, Cook discloses the bottom plate includes a lateral foot-side region (lateral foot-side, see annotated Figure 2 below) corresponding to an area located between the first portion and the second portion to support a little toe of the foot of the wearer (see annotated Figure 2 below), and the at least one base portion includes a lateral foot-side base portion disposed in the lateral foot-side region (Figure 2).
Regarding Claim 4, Cook discloses a lower surface of the toe base portion protrudes downward from the reference surface (Figure 3).
Regarding Claim 5, Cook discloses a lower surface of the toe base portion and a lower surface of the lateral foot-side base portion are formed to be flush with the reference surface (Figures 1-6).
Regarding Claim 6, Cook discloses the at least one pin retaining member is capable of detachably retaining the spike pin (Para. 93).
Regarding Claim 7, Cook discloses a shoe (Figures 1 & 7) comprising: the sole according to claim 1 (Figures 1-6); and an upper (104) connected to the sole and forming, together with the sole, a space configured to receive the foot of the wearer (Figures 1-7).
Regarding Claim 8, Cook discloses a sole (Figures 1-6) forming a part of a shoe (Figures 1 & 7), the sole comprising: a midsole (156, 158, 160); a bottom plate (106 & 108) connected to a lower surface of the midsole (Figures 3-6); a top plate (103) connected to an upper surface of the midsole, wherein the midsole extends between the bottom plate and the top plate (Figure 3); and at least one pin retaining member (172) that is configured to retain a spike pin (120, 122, 124, 126, 128 & 130); the bottom plate including at least one base portion that holds the at least one pin retaining member (170); the bottom plate further including a thenar region (thenar, see annotated Figure 2 below) corresponding to an area located between a first portion and a second portion (L1 & L2, see annotated Figure 2 below) configured to support a big toe of a foot of a wearer of the shoe, the first portion corresponds to 20% of a total length of the sole extending toward a front side in a foot length direction of the sole from an MP overlapping portion configured to overlap with an MP joint of the foot of the wearer in a thickness direction of the sole (It is noted, that the sole will fit differently sized feet in different manners and an intended relative position of the sole to the wearer's foot anatomy is functional and not patentably significant), and the second portion corresponds to 20% of the total length of the sole extending toward a rear side in the foot length direction from the MP overlapping position; the at least one base portion includes a thenar base portion disposed in the thenar region (It is noted, that the sole will fit differently sized feet in different manners and an intended relative position of the sole to the wearer's foot anatomy is functional and not patentably significant); and the base portion defining a plurality of protrusions extending downward on a lower surface thereof in the thenar region (Figures 1-7).
Cook does not specifically disclose a bottom plate having a higher hardness than the midsole. However, Brown discloses a bottom plate (28) having a higher hardness (Para. 21-25) than a midsole (26). It would have been obvious to one of ordinary skill in the art to have the bottom plate harder than the midsole, as taught by Brown, in order to provide stability, wear resistance and strength.
Regarding Claim 9, Cook discloses an upper (104) connected to the sole and forming, together with the sole, a space in which the foot of the wearer is received (Figures 1-7).
Regarding Claim 10, Cook discloses the midsole is positioned between the top plate and the pin retaining member (Figures 1-7).
Regarding Claim 11, Cook discloses the pin retaining member is spaced apart from the top plate (Figure 3).
Regarding Claim 12, Cook discloses the midsole is positioned between the top plate and the pin retaining member (Figures 1-6).
Regarding Claim 13, Cook discloses the pin retaining member is spaced apart from the top plate (Figure 3).
Regarding Claim 14, Cook does not specifically disclose a midsole top layer positioned on the top plate, wherein the top plate is interposed between the midsole and the midsole top layer. However, Brown disclose a midsole top layer (34a & 34b) positioned on a top plate (17), wherein the top plate is interposed between the midsole and the midsole top layer (Figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a midsole top layer, as taught by Brown, to the shoe of Cook in order to provide shank support.
Regarding Claim 15, Cook discloses the midsole includes a forefoot midsole (forefoot, see annotated Figure 2 below) configured to support a forefoot of the wearer and a rearfoot midsole (rearfoot, see annotated Figure 2 below) configured to support a rearfoot portion of the wearer, wherein the bottom plate extends from a position under the forefoot midsole to a position under the rearfoot midsole (Figure 2). Cook does not specifically disclose the bottom plate is a single plate including the thenar base portion, the toe base portion, and the lateral foot-side base portion. However, Brown discloses a bottom plate (28) is a single plate including the thenar base portion, the toe base portion, and the lateral foot-side base portion. It would have been obvious to one of ordinary skill in the art before the effective filing date to include a single plate bottom plate, as taught by Brown, to the shoe of Cook in order to provide stability, wear resistance and strength.
Regarding Claim 16, Cook discloses the protrusions include first protrusions and second protrusions (Para. 176), wherein the protrusions can be various shapes and sizes (Para 76). Cook does not specifically disclose the first protrusions having a greater height than the second protrusions. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of height for the protrusions in order to achieve an optimal configuration for desired function, since discovering the optimum or workable ranges of the heigh involves only routine skill in the art.
Regarding Claim 17, Cook does not specifically disclose a midsole top layer positioned on the top plate, wherein the top plate is interposed between the midsole and the midsole top layer. However, Brown disclose a midsole top layer (34a & 34b) positioned on a top plate (17), wherein the top plate is interposed between the midsole and the midsole top layer (Figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a midsole top layer, as taught by Brown, to the shoe of Cook in order to provide shank support.
Regarding Claim 18, Cook discloses the bottom plate includes a lateral foot-side region corresponding to an area located between the first portion and the second portion configured to support a little toe of the foot of the wearer (Figure 2).
Regarding Claim 19, Cook does not specifically disclose the bottom plate extends continuously from the lateral foot-side region to the thenar region. However, Brown discloses a bottom plate (28) extends continuously from the lateral foot-side region to the thenar region. It would have been obvious to one of ordinary skill in the art before the effective filing date to include a continuously extending plate bottom plate, as taught by Brown, to the shoe of Cook in order to provide stability, wear resistance and strength.
Regarding Claim 20, Cook discloses the midsole includes a forefoot midsole (forefoot, see annotated Figure 2 below) configured to support a forefoot of the wearer and a rearfoot midsole (rearfoot, see annotated Figure 2 below) configured to support a rearfoot portion of the wearer, wherein the bottom plate extends from a position under the forefoot midsole to a position under the rearfoot midsole (Figure 2). Cook does not specifically disclose the bottom plate is a single plate including the thenar base portion, and the lateral foot-side base portion. However, Brown discloses a bottom plate (28) is a single plate including the thenar base portion, and the lateral foot-side base portion. It would have been obvious to one of ordinary skill in the art before the effective filing date to include a single plate bottom plate, as taught by Brown, to the shoe of Cook in order to provide stability, wear resistance and strength.
PNG
media_image1.png
525
634
media_image1.png
Greyscale
Response to Arguments
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHARINE G KANE/Primary Examiner, Art Unit 3732