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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 24, 2025 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
1. Claim(s) 6-10 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glidden-VerWeire (US 2019/0246737) in view of Drake (US 2022/0248807).
Regarding Claim 6, Glidden-VerWeire discloses a shoe, comprising: a sole (12); an upper (4,6,8) coupled to the sole (as seen in Fig.1 & 4), the upper having a first end (i.e. toe end) and a second end (i.e. heel end) opposite to the first end, the upper further including a medial side (i.e. medial side of upper) and a lateral side (i.e. lateral side of upper) opposite to the medial side (see annotated Figures below & Fig.1-6), the upper including: a toe portion (4 below 24 at toe region) at the first end of the upper; a vamp (4 at midfoot/instep region) including a first portion (4 at midfoot/instep region adjacent 4 below 24 at toe region) and a second portion (4 at midfoot/instep region from first portion to 8 at heel region & below portions of 4 containing 40), the first portion of the vamp coupled to the toe portion (as seen in Fig.1-2 & 4-5); a tongue (6 under lacing) coupled to the second portion of the vamp (as seen in Fig.1-2 & 4-5); a collar (18,20,22) coupled to the vamp; and an opening (16) through the upper, the collar extending around the opening (para.48); and a zipper (24; para.48-50) coupled to the upper and structured to travel along a path beginning on the medial side of the upper proximate the collar (as seen in Fig.1, 3 & 5-6), continuing around a portion of the tongue and through an interface between the first portion of the vamp and the second portion of the vamp (as seen in Fig.3 & 6), and terminating (at 46) on the lateral side of the upper (as seen in Fig.2-4 & 6), the path spaced from the first end of the upper by the toe portion and the first portion of the vamp coupled to the toe portion (as seen in Fig.1-6), the zipper configured to control access to an interior of the shoe (as seen in Fig.3 & 6; para.48-50).
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Glidden-VerWeire does not disclose the toe portion is a toe box; wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the tongue, and wherein a boundary between the toe box and the vamp extends over a top of a forefoot of the shoe. However, Drake teaches an upper having a shoe upper with a fastener (72), a hinged vamp portion (44; para.68), and a toe box (42 at the toe end); wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the throat opening (as seen in Fig.4A & 4B), and wherein a boundary (i.e. 42 at the toe end and 42 at midfoot/instep region meet) between the toe box and a vamp (42 at midfoot/instep region) extends over a top of a forefoot of the shoe (as seen in Fig.4A & 4B).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the toe portion of Glidden-VerWeire to be a larger toe box structure, as taught by Drake, in order to provide the optimum location for the zipper and foot opening, allowing easy entry and removal of a user’s foot. Additionally, it would have been an obvious matter of design choice to formed the toe portion as a larger toe box, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04. Further, it has been held that rearranging parts of an invention (i.e. moving the placement of the zipper on the upper portion) involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Glidden-VerWeire and Drake teach the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the tongue.
Regarding Claim 7, Glidden-VerWeire discloses a shoe of claim 6 wherein the upper further includes an eyestay (i.e. two portions of 4 containing 40; para.50) coupled to the second portion (4 at midfoot/instep region from first portion to 8 at heel region & below portions of 4 containing 40) of the vamp (as seen in Fig.1-6).
Regarding Claim 8, Glidden-VerWeire discloses a shoe of claim 7 further comprising: eyelets (40) through the eyestay; and a shoelace (28) extending through the eyelets (para.50; as seen in Fig.1-2 & 4-5).
Regarding Claim 9, Glidden-VerWeire discloses a shoe of claim 7 wherein the path of the zipper begins on the medial side of the upper proximate the collar and continues along a quarter of the vamp below the eyestay on the medial side of the upper (as seen in Fig.1-6).
Regarding Claim 10, Glidden-VerWeire discloses a shoe of claim 6 wherein the path of the zipper extends on the lateral side of the upper toward the collar before terminating (at 46) on the lateral side of the upper at a location closer to the toe box than the collar (as seen in Fig.1-6).
Regarding Claim 14, Glidden-VerWeire discloses a shoe, comprising: a sole (12); an upper (4,6,8) coupled to the sole (as seen in Fig.8 and evidenced by Fig.1-2), the upper having a first end (i.e. toe end) and a second end (i.e. heel end) opposite to the first end, the upper further including a medial side (i.e. medial side of upper) and a lateral side (i.e. lateral side of upper) opposite to the medial side (see annotated Figures above & Fig.1-6), the upper including: a toe portion (4 below 24 at toe region) at the first end of the upper; a collar (18,20,22); a vamp (4,6 at midfoot/instep region) including a first portion (4 at midfoot/instep region adjacent 4 below 24 at toe region) coupled to the toe portion and a second portion (4,6 at midfoot/instep region from first portion to 8 at heel region) coupled to the collar (as seen in Fig.8), the vamp including an interface (region of vamp containing 24 adjacent toe region) between the first portion and the second portion that is located closer to the toe portion than the collar (as seen in Fig.8), the vamp having a lateral side (i.e. lateral side of 4,6) and a medial side (i.e. medial side of 4,6); and an opening (16), the collar extending around the opening (para.48); and a zipper (24; para.48-50) coupled to the upper and structured to travel along a path beginning on the medial side of the upper proximate the collar at the opening (as seen in Fig.8 and evidenced by Fig.1-3), continuing around the medial side of the vamp and through the interface between the first portion of the vamp and the second portion of the vamp (as evidenced by Fig.3), and terminating (at 46) on the lateral side of the upper, the path spaced from the first end of the upper by the toe portion and the first portion of the vamp (as seen in Fig.8 & evidenced by Fig.1-3), the zipper configured to control access to an interior of the shoe (as seen in Fig.3; para.48), wherein the second portion of the vamp (6) is configured to be rotated open to facilitate reception of a foot of a user when the zipper is in an open position (as seen in Fig.3).
Glidden-VerWeire does not disclose the toe portion is a toe box; wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the opening, and wherein a boundary between the toe box and the vamp extends over a top of a forefoot of the shoe. However, Drake teaches an upper having a shoe upper with a fastener (72), a hinged vamp portion (44; para.68), and a toe box (42 at the toe end); wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the throat opening (as seen in Fig.4A & 4B), and wherein a boundary (i.e. 42 at the toe end and 42 at midfoot/instep region meet) between the toe box and a vamp (42 at midfoot/instep region) extends over a top of a forefoot of the shoe (as seen in Fig.4A & 4B).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the toe portion of Glidden-VerWeire to be a larger toe box structure, as taught by Drake, in order to provide the optimum location for the zipper and foot opening, allowing easy entry and removal of a user’s foot. Additionally, it would have been an obvious matter of design choice to formed the toe portion as a larger toe box, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04. Further, it has been held that rearranging parts of an invention (i.e. moving the placement of the zipper on the upper portion) involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Glidden-VerWeire and Drake teach the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the opening.
Regarding Claim 15, Glidden-VerWeire discloses a shoe of claim 14 wherein the upper does not include an eyestay, eyelets, or a shoelace (as seen in Fig.8).
Regarding Claim 16, Glidden-VerWeire discloses a shoe of claim 14 wherein the path of the zipper extends on the lateral side of the upper toward the collar before terminating (at 46) on the lateral side of the upper at a location closer to the toe box than the collar (as seen in Fig.8 & evidenced by Fig.1-3).
2. Claim(s) 1-5 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glidden-VerWeire (US 2019/0246737) in view of Drake (US 2022/0248807), and in further view of Price (US 2016/0338447).
Regarding Claim 1, Glidden-VerWeire discloses a shoe, comprising: a sole (12); an upper (4,6,8) coupled to the sole (as seen in Fig.1 & 4), the upper having a first end (i.e. toe end) and a second end (i.e. heel end) opposite to the first end, the upper further including a medial side (i.e. medial side of upper) and a lateral side (i.e. lateral side of upper) opposite to the medial side, the upper including: a toe portion (4 below 24 at toe region) at the first end of the upper; a vamp (4 at midfoot/instep region) including a first portion (4 at midfoot/instep region adjacent 4 below 24 at toe region) and a second portion (4 at midfoot/instep region from first portion to 8 at heel region & below portions of 4 containing 40), the first portion of the vamp coupled to the toe portion (as seen in Fig.1-2 & 4-5); a tongue (6 under lacing) coupled to the second portion of the vamp (as seen in Fig.1-6); a collar (18,20,22) coupled to the vamp; and an opening (16) through the upper, the collar extending around the opening (para.48); and a zipper (24; para.48-50) coupled to the upper and structured to travel along a path beginning on a first side of the upper proximate the collar (as seen in Fig.1 & 5), continuing around a portion of the tongue and through an interface between the first portion of the vamp and the second portion of the vamp (as seen in Fig.3 & 6), and terminating on a second side of the upper (as seen in Fig.2 & 4), the path spaced from the first end of the upper by the toe portion and the first portion of the vamp coupled to the toe portion (as seen in Fig.1-6), the zipper configured to control access to an interior of the shoe (as seen in Fig.3 & 6; para.48-50).
Glidden-VerWeire does not disclose the toe portion is a toe box; wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the tongue, and wherein a boundary between the toe box and the vamp extends over a top of a forefoot of the shoe. However, Drake teaches an upper having a shoe upper with a fastener (72), a hinged vamp portion (44; para.68), and a toe box (42 at the toe end); wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the throat opening (as seen in Fig.4A & 4B), and wherein a boundary (i.e. 42 at the toe end and 42 at midfoot/instep region meet) between the toe box and a vamp (42 at midfoot/instep region) extends over a top of a forefoot of the shoe (as seen in Fig.4A & 4B).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the toe portion of Glidden-VerWeire to be a larger toe box structure, as taught by Drake, in order to provide the optimum location for the zipper and foot opening, allowing easy entry and removal of a user’s foot. Additionally, it would have been an obvious matter of design choice to formed the toe portion as a larger toe box, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04. Further, it has been held that rearranging parts of an invention (i.e. moving the placement of the zipper on the upper portion) involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Glidden-VerWeire and Drake teach the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the tongue.
Glidden-VerWeire and Drake disclose the invention substantially as claimed above. Glidden-VerWeire does not disclose the zipper structured to travel along a path beginning on the lateral side of the upper proximate the collar and terminating on the medial side of the upper. However, Price teaches a shoe upper (20) having a zipper (142; para.30) structured to travel along a path beginning on a lateral side (14) of the upper proximate a collar (area of 20 around 21) and terminating on a medial side (15) of the upper (as seen in Fig.2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the zipper path of Glidden-VerWeire for the zipper path beginning on a lateral side of the upper proximate a collar and terminating on a medial side of the upper of Price, as a simple substitution of one well known zipper path for another, in order to yield the predictable result of a zippered shoe opening. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI.
Regarding Claim 2, Glidden-VerWeire discloses a shoe of claim 1 wherein the upper further includes an eyestay (i.e. two portions of 4 containing 40; para.50) coupled to the second portion (4 at midfoot/instep region from first portion to 8 at heel region & below portions of 4 containing 40) of the vamp (as seen in Fig.1-6).
Regarding Claim 3, Glidden-VerWeire discloses a shoe of claim 2 further comprising: eyelets (40) through the eyestay; and a shoelace (28) extending through the eyelets (para.50; as seen in Fig.1-2 & 4-5).
Regarding Claim 4, Modified Glidden-VerWeire discloses a shoe of claim 2 wherein the path of the zipper begins on the lateral side of the upper proximate the collar and continues along a quarter of the vamp below the eyestay on the lateral side of the upper (Price: Fig.2).
Regarding Claim 5, Modified Glidden-VerWeire discloses a shoe of claim 1 wherein the path of the zipper extends on the medial side of the upper toward the collar before terminating (at 46 of Glidden-VerWeire) on the medial side of the upper at a location closer to the toe box than the collar (Price: Fig.2).
Regarding Claim 11, Glidden-VerWeire discloses a shoe, comprising: a sole (12); an upper (4,6,8) coupled to the sole (as seen in Fig.8 and evidenced by Fig.1-2), the upper having a first end (i.e. toe end) and a second end (i.e. heel end) opposite to the first end, the upper further including a medial side (i.e. medial side of upper) and a lateral side (i.e. lateral side of upper) opposite to the medial side, the upper including: a toe portion (4 below 24 at toe region) at the first end of the upper; a collar (18,20,22); a vamp (4,6 at midfoot/instep region) including a first portion (4 at midfoot/instep region adjacent 4 below 24 at toe region) coupled to the toe portion and a second portion (4,6 at midfoot/instep region from first portion to 8 at heel region) coupled to the collar (as seen in Fig.8), the vamp including an interface (region of vamp containing 24 adjacent toe region) between the first portion and the second portion that is located closer to the toe box than the collar (as seen in Fig.8), the vamp having a lateral side (i.e. lateral side of 4,6) and a medial side (i.e. medial side of 4,6); and an opening (16), the collar extending around the opening (para.48); and a zipper (24; para.48-50) coupled to the upper and structured to travel along a path beginning on a first side of the upper proximate the collar as seen in Fig.8 and evidenced by Fig.1-3), continuing around the first side of the vamp and through the interface between the first portion of the vamp and the second portion of the vamp (as evidenced by Fig.3), and terminating (at 46) on the second side of the upper, the path spaced from the first end of the upper by the toe portion and the first portion of the vamp (as seen in Fig.8 & evidenced by Fig.1-3) , the zipper configured to control access to an interior of the shoe (as seen in Fig.3; para.48).
Glidden-VerWeire does not disclose the toe portion is a toe box; wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the opening, and wherein a boundary between the toe box and the vamp extends over a top of a forefoot of the shoe. However, Drake teaches an upper having a shoe upper with a fastener (72), a hinged vamp portion (44; para.68), and a toe box (42 at the toe end); wherein the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the throat opening (as seen in Fig.4A & 4B), and wherein a boundary (i.e. 42 at the toe end and 42 at midfoot/instep region meet) between the toe box and a vamp (42 at midfoot/instep region) extends over a top of a forefoot of the shoe (as seen in Fig.4A & 4B).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the toe portion of Glidden-VerWeire to be a larger toe box structure, as taught by Drake, in order to provide the optimum location for the zipper and foot opening, allowing easy entry and removal of a user’s foot. Additionally, it would have been an obvious matter of design choice to formed the toe portion as a larger toe box, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04. Further, it has been held that rearranging parts of an invention (i.e. moving the placement of the zipper on the upper portion) involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Glidden-VerWeire and Drake teach the toe box is configured to encase toes of a user and extends from the sole at the first end of the upper toward the opening.
Glidden-VerWeire and Drake disclose the invention substantially as claimed above. Glidden-VerWeire does not disclose the zipper structured to travel along a path beginning on the lateral side of the upper proximate the collar and terminating on the medial side of the upper. However, Price teaches a shoe upper (20) having a zipper (142; para.30) structured to travel along a path beginning on a lateral side (14) of the upper proximate a collar (area of 20 around 21) and terminating on a medial side (15) of the upper (as seen in Fig.2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the zipper path of Glidden-VerWeire for the zipper path beginning on a lateral side of the upper proximate a collar and terminating on a medial side of the upper of Price, as a simple substitution of one well known zipper path for another, in order to yield the predictable result of a zippered shoe opening. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI.
Regarding Claim 12, Glidden-VerWeire discloses a shoe of claim 11 wherein the upper does not include an eyestay, eyelets, or a shoelace (as seen in Fig.8).
Regarding Claim 13, Modified Glidden-VerWeire discloses a shoe of claim 11 wherein the path of the zipper extends on the medial side of the upper toward the collar before terminating (at 46 of Glidden-VerWeire) on the medial side of the upper at a location closer to the toe box than the collar (Price: Fig.2).
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732