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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/11/2025 has been entered.
Claims 1, 14, and 28 have been amended, claims 15, 26, 29-30, and 32 have been canceled, claims 34-38 have been added, and claims 1-2, 12-14, 18, 21-25, 27-28, 31, and 33-38 remain pending in this application.
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 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) 1, 2, 12-14, 18, 21-23, 25, 27, 31, 33-36, and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US D460,247) in view of Baker et al. (US 2011/0047834), herein Baker.
Regarding claim 1, Liu discloses a golf shoe, comprising: an upper (Fig. 1); and an outsole, wherein the outsole comprises a plurality of tiles arranged long a plurality of curved pathways having a common center point and different curvatures, the plurality of curved pathways including a first curved pathway and a second curved pathway, the plurality of tiles comprising (i) a first set of traction elements arranged along the first curved pathway, (ii) a second set of traction elements opposing the first set of traction elements and extending along the second curved pathway, wherein a set of non-protruding segments is disposed between the first and second set of traction elements; and (iii) a third set of traction elements positioned in a rearfoot region of the outsole, wherein both the first and second sets of traction elements comprise a plurality of non-contiguous triangular-shaped traction elements (wherein the traction elements have a triangular cross-section) positioned in a forefoot and/or midfoot region of the outsole, wherein the non-contiguous triangular-shaped traction elements comprise a first triangular shaped traction element and a second triangular shaped traction element that is entirely separated from the first triangular-shaped traction element (Fig. 1-3, see particularly annotated Fig. 2 below).
Liu does not explicitly disclose a midsole. Baker teaches that a shoe may include a midsole (paragraph 0020). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a midsole, as taught by Baker, to the shoe of Liu in order to provide improved comfort and support to the foot of the user.
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Regarding claim 2, Liu discloses that the non-contiguous triangular-shaped traction elements comprise two or more adjacent traction elements that are spaced apart to expose a portion of the outsole that is located between the two or more adjacent traction elements (Fig. 2).
Regarding claim 12, Liu discloses a curved or non-linear groove disposed within the outsole and extending into a material of the outsole, wherein the groove is positioned between (i) the first or second set of traction elements and (ii) the third set of traction elements (Fig. 2, 3).
Regarding claim 13, Liu discloses that at least a subset of the third set of traction elements is positioned along a pathway proximal to a perimeter or edge of the outsole, wherein the pathway has a different curvature than the first or second curved pathways (Fig. 2).
Regarding claim 14, Liu discloses a fourth set of traction elements arranged along a third curved pathway having a different curvature than the first or second curved pathways (Fig. 2).
Regarding claim 18, Liu discloses that the fourth set of traction elements is positioned at a different radial distance from the common center point than the first or second sets of traction elements (Fig. 2).
Regarding claim 21, Liu discloses that that the common center point is located on a medial side of the forefoot region of the outsole (Fig. 2).
Regarding claim 22, Liu discloses that the third set of traction elements is arranged along a curved pathway with a center point located within the rearfoot region (Fig. 2).
Regarding claim 23, Liu discloses that the non-contiguous triangular-shaped traction elements are positioned at different radial distances from the common center point (Fig. 2).
Regarding claim 25, Liu discloses that the plurality of tiles comprise a first zone of tiles containing protruding traction elements extending along a lateral periphery of the forefoot region, a second zone of tiles containing protruding traction elements extending along a medial periphery of the forefoot region, and a third zone of tiles containing protruding traction elements extending along a lateral periphery or a medial periphery of the rearfoot region (Fig. 2).
Regarding claim 27, Liu discloses that the first and second sets of traction elements have triangular-shaped top surfaces that form a ground contacting surface (edge surfaces, as seen in Fig. 2, which may be a top surface depending on the orientation of the sole, and which are capable of contacting the ground).
Regarding claim 31, Liu does not explicitly disclose that the first and second set of traction elements vary in height. Baker teaches a shoe having an outsole (112) with a plurality of sets of traction members (130, 140, 150). The heights of the traction members may vary, such that each traction member can be tuned to provide maximum traction for different types of surfaces (paragraphs 0031-0033; Fig. 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to vary the heights of the first and second sets of traction members, as taught by Baker, in order that each traction member can be tuned to provide maximum traction for different types of surfaces, providing a more versatile outsole.
Regarding claim 33, Liu does not disclose that the first and second set of traction members comprise different materials with different hardnesses. Baker teaches a shoe having an outsole (112) with a plurality of sets of traction members (130, 140, 150). The traction members have different materials with different hardnesses, allowing each traction member to be tuned to maximize traction with different ground surfaces (paragraphs 0035-0036; Fig. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first and second set of traction elements with different materials having different hardnesses, as taught by Baker, in order to allow each traction member to be tuned to maximize traction with different ground surfaces, providing a more versatile outsole.
Regarding claim 34, Liu discloses that the non-contiguous triangular-shaped traction elements have sides or edges that do not intersect (Fig. 2).
Regarding claim 35, Liu discloses that the non-contiguous triangular-shaped traction elements do not have any common corners or vertices (Fig. 2).
Regarding claim 36, Liu discloses that the first and second sets of traction elements are spaced apart and entirely separated from every other traction element that is adjacent or proximal to the first and second sets of traction elements (Fig. 2).
Regarding claim 38, Liu discloses that each tile includes at most two traction elements (Fig. 2).
Allowable Subject Matter
Claims 24, 28, and 37 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been 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.
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 SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 EST.
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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.
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/SHARON M PRANGE/Primary Examiner, Art Unit 3732