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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 7, 2026 has been entered.
Claim Objections
1. Claim 1 is objected to because of the following informalities: Claim 1 recites “a first position limiting component; wherein the first vamp side portion comprises an interior lining layer and an opening in the interior lining layer, the opening defining a first position limiting component”, the second recitation of “a first position limiting component” is an error and should read “the first position limiting component”. Appropriate correction is required.
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.
2. Claim(s) 1-2, 5-8, 19, and 20 is/are rejected under 35 U.S.C. 103 as being
unpatentable over Koo (US 2019/0274393) in view of Bulit (FR 2,510,878 A1).
Regarding Claim 1, Koo discloses a shoe upper (15) by comprising: a vamp
having a vamp toe portion (i.e. toe portion of 15; para.34) and a first vamp side portion (18) that are connected to each other (as evidenced by Fig.13), an inner surface of the
first vamp side portion being provided with a first position limiting component (i.e. 67 on
18); wherein the first vamp side portion comprises a first position limiting component (67); a tongue (22) having a first portion (i.e. toe end of 22) and a second portion (i.e. rear end of 22) that are oppositely disposed (as seen in Fig.5), the first portion of the tongue being affixed to the vamp toe portion (as evidenced by Fig.13); a first elastic
band (66) having a first end (i.e. 66 at 18 and/or 12) and a second end (i.e. 66 at
22); the first end being located adjacent to the first vamp side portion and the first end
being permanently affixed to a portion of the shoe other than the tongue (para.38); the
first elastic band configured to connect the second portion of the tongue with the first
vamp side portion (para.38; as seen in Fig.5 & 6), at least part of the first elastic band
being located between the first position limiting component and an inner surface of the first vamp side portion (as seen in Fig.5-7), and the second portion of the tongue being in limiting mating with the first position limiting component under action of the first elastic band (para.38); the second end being connected to the second portion of the tongue (as
seen in Fig.5 & 6); the first elastic band configured to elongate and to stretch through
the first position limiting component between the first end and the second end when the
tongue is separated from the first position limiting component (para.38; i.e. elastic is
known to elongate and stretch); wherein an end of the elastic band (end of 66 at 12) terminates on an inner surface of the vamp side portion (as seen in Fig.5). Koo does not disclose an interior lining layer and an opening in the interior lining layer, the opening defining a first position limiting component. However, Bulit teaches a shoe upper (as seen in Fig.4) having an interior lining layer (9) with an opening (16) in the interior lining layer (as seen in Fig.5); a portion of an elastic band (13) is entirely embedded in between the interior lining layer and an inner surface of an upper layer; the portion of the elastic band extending from the opening to end (15) of the elastic band terminating on the inner surface of the upper layer such that the portion of the elastic band is not exposed through the interior lining layer or the upper layer (as seen in Fig.5).
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 interior
lining layer of Koo to fully line the interior of the shoe upper and have an opening
formed in the lining layer, as taught by Bulit, in order to provide a comfortable layer
surrounding a user's foot that delivers warmth. When in combination, Koo and Bulit teach at least part of the first elastic band being located between the interior lining and an inner surface of the first vamp side portion; the elastic band is entirely embedded in between the interior lining layer and the inner surface of the vamp side portion along a portion of the elastic band extending from the opening to an end of the elastic band located on the vamp side portion such that the portion of the elastic band is not exposed through the interior lining layer or the vamp side portion.
Regarding Claim 2, Modified Koo discloses a shoe upper according to claim 1,
wherein the first end (i.e. 66 at 18) of the first elastic band (66) is located between the
first position limiting component (as modified by Bulit) and the inner surface of the first vamp side portion
(18) seen in Fig.5 & 6).
Regarding Claim 5, Koo discloses a shoe upper according to claim 1, wherein
the second end (i.e. 66 at 22) of the first elastic band (66) is stitched to a first side edge
of the second portion of the tongue (22)(para.38).
Regarding Claim 6, When in combination, Koo and Bulit teach a shoe upper according to claim 1, further comprising a second elastic band (66), a second position limiting component (evidenced by Koo: 67 on 20, as modified by Bulit), the first position limiting component (as modified by Bulit) being located on the first vamp side portion, the second position limiting component (as modified by Bulit) being located on a second vamp side portion (20), and the tongue (22) is engaged in limiting mating with the first and second position limiting components under the action of the first and second elastic bands, respectively (Koo: para.38; as seen in Fig.5 & 6).
Regarding Claim 7, Modified Koo discloses a shoe upper according to claim 6, wherein the second elastic band has a third end (i.e. 66 at 20) and a fourth end (i.e. 66 at 22), at least part of the second elastic band is located between the second position limiting component and an inner surface of the second vamp side portion (as seen in Fig.5 & 6), the third end is connected to the second vamp side portion, and the fourth end is connected to the second portion of the tongue (para.38; as seen in Fig. 5 & 6).
Regarding Claim 8, Modified Koo discloses a shoe upper according to claim 7,
wherein the first vamp side portion (18) and the first position limiting component (i.e. 67
on 18) comprise a first interior lining layer (i.e. 67 is an interior lining layer in that it is
interior to, and lining, the upper layer & Koo as modified by Bulit) and a first opening
formed in the first interior lining layer (as modified by Bulit), the second vamp side
portion (20) and the second position limiting component (i.e. 67 on 20) comprise a
second interior lining layer (i.e. 67 is an interior lining layer in that it is interior to, and
lining, the upper layer & Koo as modified by Bulit) and a second opening formed in the
second interior lining layer (as modified by Bulit), wherein the first interior lining layer is
located on the inner surface of the first vamp side portion, and the second interior lining
layer is located on the inner surface of the second vamp side portion (as seen in Fig.5 &
6), wherein the first end passes through the first opening and extends to at least
somewhere between the first interior lining layer and the inner surface of the first vamp
side portion, and the third passes through the second opening and extends to at least
somewhere between the second interior lining layer and the inner surface of the second
vamp side portion (Koo: para.38; as seen in Fig.5 & 6 and Bulit: as seen in Fig.5).
Regarding Claim 19, Koo discloses a shoe upper (15), comprising: a vamp
having a vamp toe portion (i.e. toe portion of 15; para.34), a vamp side portion (18), and
a vamp heel portion (17) connected to the vamp side portion; a tongue (22) including a
first portion (i.e. toe end of 22) affixed to the vamp toe portion and a second portion (i.e.
rear end of 22) spaced from the vamp toe portion; an elastic band (66) configured to
connect the second portion of the tongue to the vamp side portion (as seen in Fig.5 &
6), wherein the vamp side portion includes a position limiting component (67); the second portion of the tongue is held in limiting mating with the position limiting component under tension of the elastic band (para.38; as seen in Fig.5 & 6); and wherein an end (end of 66 at 12) of the elastic band terminates on an inner surface of the vamp side portion (as seen in Fig.5 & 6). Koo does not disclose an interior lining layer and an opening in the interior lining layer, the opening defining a position limiting component. However, Bulit teaches a shoe upper (as seen in Fig.4) having an interior lining layer (9) with an opening (16) in the interior lining layer (as seen in Fig.5), the opening defining a position limiting component (as seen in Fig.5); an elastic band (13) is entirely embedded in between the interior lining layer and an inner surface of an upper layer along a portion of the elastic band extending from the opening to an end (15) of the elastic band such that the portion of the elastic band is not exposed through the interior lining layer or the upper layer (as seen in Fig.5).
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 interior
lining layer of Koo to fully line the interior of the shoe upper and have an opening
formed in the lining layer, as taught by Bulit, in order to provide a comfortable layer
surrounding a user's foot that delivers warmth. When in combination, Koo and Bulit teach the second portion of the tongue is held in limiting mating with the position limiting component under tension of the elastic band; the elastic band is entirely embedded in between the interior lining layer and the inner surface of the vamp side portion along a portion of the elastic band extending from the opening to an end of the elastic band located on the vamp side portion such that the portion of the elastic band is not exposed through the interior lining layer or the vamp side portion.
Regarding Claim 20, Koo discloses a shoe upper (15), comprising: a vamp
having a vamp toe portion (i.e. toe portion of 15; para.34), a vamp side portion (18), and
a vamp heel portion (17) connected to the vamp side portion; a tongue (22) including a
first portion (i.e. toe end of 22) affixed to the vamp toe portion and a second portion (i.e.
rear end of 22) spaced from the vamp toe portion (as seen in Fig.5); an elastic band
(66) configured to connect the second portion of the tongue to the vamp side portion
(para.38), wherein the vamp side portion includes a position limiting component (67);
at least a portion of the elastic band is disposed between the position limiting component and the inner surface of the vamp side portion; the second portion of the tongue is held in limiting mating with the position limiting component under tension of the elastic band (para.38; as seen in Fig.5 & 6). Koo does not disclose an interior lining layer and an opening in the interior lining layer, the opening defining a position limiting component. However, Bulit teaches a shoe upper (as seen in Fig.4) having an interior lining layer (9) with an opening (16) formed in the interior lining layer (as seen in Fig.5); an elastic band (13) is entirely embedded in between the interior lining layer and an inner surface of an upper layer along a portion of the elastic band extending from a location (at 16) adjacent to the position limiting component to an end (15) of the elastic band located on the upper layer such that the portion of the elastic band is not exposed through the interior lining layer or the upper layer (as seen in Fig.5; para.7).
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 interior
lining layer of Koo to fully line the interior of the shoe upper and have an opening
formed in the lining layer, as taught by Bulit, in order to provide a comfortable layer
surrounding a user's foot that delivers warmth. When in combination, Koo and Bulit teach at least a portion of the elastic band is disposed between the interior lining layer and the inner surface of the vamp side portion; the elastic band is entirely embedded in between the interior lining layer and the inner surface of the vamp side portion along a portion of the elastic band extending from the opening to an end of the elastic band located on the vamp side portion such that the portion of the elastic band is not exposed through the interior lining layer or the vamp side portion.
3. Claim(s) 10-14 and 22 is/are rejected under 35 U.S.C. 103 as being
unpatentable over Koo (US 2019/0274393) and Bulit (FR 2,510,878 A1), in view of
Bar (US 2023/0035573).
Regarding Claim 10, Koo and Bulit disclose the invention substantially as
claimed above. Koo discloses a shoe upper according to claim 1, wherein a vamp heel
portion (17) is connected to the vamp side portion. Koo does not disclose a heel support
member is disposed at the vamp heel portion, and wherein the heel support member is
configured to be a rigid structure or at least part of the heel support member is
configured to be a flexible structure. However, Bar teaches a shoe upper (12) having a
heel support member (22) is disposed at the vamp heel portion (14), and wherein the
heel support member is configured to be a rigid structure or at least part of the heel
support member is configured to be a flexible structure (para.67; as seen in Fig.3).
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 vamp heel
portion of Koo to include a heel support member, as taught by Bar, in order to provide
additional protection and support to a user's heel, while facilitating forward sliding of a
user's foot into the shoe when the foot enters the shoe.
Regarding Claim 11, When in combination, Koo and Bar teach a shoe upper according to claim 10, wherein the heel support member (Bar: 22) comprises a first support portion (Bar: portion of 21) and a second support portion (Bar: i.e. 22 below 21)
located at the bottom end of the first support portion (Bar: as seen in Fig.3), wherein at
least part of the second support portion protrudes outwards (Bar: i.e. outward heel
curvature of 22) and is configured for surrounding the back of the heel of a user, and the
first support portion inclines outwards from bottom to top and away from a shoe opening
(Bar: 13; para.66, as seen in Fig.3).
Regarding Claim 12, When in combination, Koo and Bar teach a shoe upper
according to claim 11, wherein the first support portion (Bar: portion of 21) has a first
configuration (i.e. unloaded) and a second configuration (i.e. loaded under a user's foot
weight), wherein when the foot of the user inserts into the vamp, the first support portion
is deformed from the first configuration to the second configuration under the load of the
foot, and the height of at least part of the first support portion is reduced (Bar: para.67;
i.e. an elastic 21 would deform/bend downward under a user's weight), and wherein
after removing the load of the foot, the first support portion is restored from the second
configuration to the first configuration (Bar: as seen in Fig.3).
Regarding Claim 13, When in combination, Koo and Bar teach a shoe upper
according to claim 11, wherein the first support portion (Bar: portion of 21) has a first
configuration (i.e. unloaded) and a second configuration (i.e. loaded under a user's foot
weight), wherein when the foot of the user inserts into the vamp, the first support portion
is deformed from the first configuration to the second configuration under the load of the
foot, and an inclination angle of the first support portion with respect to a vertical line
becomes larger as an uppermost region of the first support portion moves rearward
(Bar: para.67; i.e. an elastic 21 would deform/bend downward under a user's weight),
and wherein after removing the load of the foot, the first support portion is restored from
the second configuration to the first configuration (Bar: as seen in Fig.3).
Regarding Claim 14, When in combination, Koo and Bar teach a shoe upper
according to claim 11, wherein an uppermost region of the first support portion (Bar:
portion of 21) has a first position in the first configuration (i.e. unloaded) and a second
position in the second configuration (i.e. loaded under a user's foot weight), the second
position being farther away from the vamp toe portion in a longitudinal direction than the
first position (Bar: para.67; i.e. an elastic 21 would deform/bend outward and downward
under a user's weight).
Regarding Claim 22, Bar further teaches a shoe upper according to claim 10,
wherein a vertical cross-sectional shape of a rearmost portion of the heel support
member (22) is an S-wave (as seen in Fig.3).
4. Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable
over Koo (US 2019/0274393), Bulit (FR 2,510,878 A1), and Bar (US 2023/0035573),
in view of Shin (US 2022/0240625).
Regarding Claim 15, Koo, Bulit, and Bar disclose the invention substantially as
claimed above. Modified Koo does not explicitly disclose wherein the second support
portion comprises a middle region and two side regions, and when in the second
configuration, the two side regions move outward to increase the distance between the
two sides of the vamp side portion. However, Shin teaches a shoe having a heel
support member (121) wherein a second support portion comprises a middle region
(back wall of 121) and two side regions (left and right walls of 121) (as seen in Fig.10),
and when in a second configuration (i.e. loaded under a user's foot weight), the two side
regions move outward to increase the distance between the two sides of the vamp side
portion (i.e. when a user is inserting their foot into the heel of a shoe, the sides of the
heel would move outward to some degree, in order to facilitate entry of the foot).
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 formed the heel support
member of modified Koo to have a middle region and two side regions, as taught by
Shin, in order to provide a heel support member that supports and protects the heel of a
user on all sides.
Regarding Claims 16 and 17, Koo, Bulit, and Bar disclose the invention
substantially as claimed above. Modified Koo does not disclose a flexible foam
component disposed on the heel support member, wherein when a user's foot inserts
into the vamp, the flexible foam component is compressed, and the flexible foam
component exerts pressure on the user's ankle; wherein the flexible component extends
along at least a part of the inner of the vamp from both side edges of the upper part of
the heel support member, to form a side section of the flexible component. However,
Shin teaches a shoe having a heel support member (121) having a flexible foam
component (122; para.91) disposed on the heel support member (as seen in Fig. 10 &
11), wherein when a user's foot inserts into the vamp, the flexible foam component is
compressed, and the flexible foam component exerts pressure on the user's ankle
(para.91); wherein the flexible component extends along at least a part of the inner of
the vamp from both side edges of the upper part of the heel support member, to form a
side section of the flexible component (as seen in Fig. & 11).
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 heel support
component of modified Koo to include a flexible foam component, as taught by Shin, in
order to provide a comfortable surface for a user's foot to rest on, that prevents
abrading and/or blistering of a user's heel.
Response to Arguments
Applicant's arguments filed May 7, 2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, with regard to Claims 1 and 20, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant further asserts that neither Koo (casual shoes) nor Bulit (tennis shoes) identifies any issue with "warmth." Thus, the "warmth" rationale is not grounded in the teachings of Koo or Bulit, and the proposed modification would not be a routine design choice but would instead require a structural re-arrangement of Koo's system that is not contemplated by either reference.
Examiner respectfully disagrees. While neither reference explicitly calls out the argued benefit, a determination of obviousness is based on ordinary skill in the art and one of ordinary skill in the art would readily recognize the addition of a lining in a shoe most definitely provides a comfortable layer surrounding a user's foot that delivers warmth. Additionally, using linings in shoes is well known in the footwear art and would not require a structural re-arrangement of Koo's system, particularly as Koo contemplates holding and guiding the elastic strap with an internal structure. Therefore, the determination of obviousness is proper.
In view of Applicant's amendment, the search has been updated, and newly modified grounds of rejection have been identified and applied. Applicant's arguments, which are drawn solely to the newly amended limitations, have been considered but are moot in view of the newly modified 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
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