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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/20/2026 has been entered.
Claim Rejections - 35 USC § 103
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.
Claims 1, 4-11, 14, 18-21, 29-35, 38-40, 43, 44 & 46 are rejected under 35 U.S.C. 103 as being unpatentable over Dua (USPN 6,910,288) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007).
Regarding claim 1, Dua teaches an article of footwear (300), the article of footwear comprising: an upper (320) comprising a forefoot region (F, see annotated Figure 6A below), a midfoot region (M, see annotated Figure 6A below), a heel region (H, see annotated Figure 6A below), a lateral side (Figure 6B), a medial side (Figure 6A), an instep area (instep, see annotated Figure 6A below) extending between the lateral side and medial side, the upper comprising a knitted component (Col. 10, line 66-Col. 11, line 12), wherein the knitted component integrally extends from the instep area upward to an ankle cuff (321) that extends completely around an ankle opening of the upper (Figures 6A & 6B); a plurality of lateral-side lace apertures (324, on the side of Figure 6B) disposed on the lateral side of the upper; a plurality of medial-side lace apertures (324, on the side of Figure 6A) disposed on the medial side of the upper; a lace (lace, see annotated Figure 6A below),
a first medial side lace aperture (1M, see annotated Figure 6A below) of the plurality of medial-side lace apertures on the medial side of the upper, a second medial-side lace aperture (2M, see annotated Figure 6A below) of the plurality of medial-side lace apertures, a first lateral-side lace aperture (1L, see annotated Figure 6A below) of the plurality of lateral-side lace apertures, a second lateral-side lace aperture (1L, see annotated Figure 6A below) of the plurality of second lateral-side lace apertures; and a sole structure (310) secured to the knitted component (Col. 11, lines 64-65); but fails to teach that the lace is laced through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral- side lace apertures on the lateral side of the upper;
Wired teaches lacing a shoe such that the lace extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper (fig. 1 and description of 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have laced the article of footwear of Dua as taught by Wired fig. 1 in order to alleviate pressure points to provide more breathing room (description of 1 of Wired).
Lacing Dua as taught by Wired results in the lace extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper.
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Regarding claim 4, Dua further teaches the knitted component (Col. 10, line 66-Col. 11, line 12) includes a first area formed from a first type of yarn having a first set of properties and a second area formed from a second type of yarn having a second set of properties different from the first set of properties (Col. 10, line 50-Col. 11, line 55).
Regarding claim 5, Dua further teaches the knitted component (33,40) comprises a knitted one-piece element (Col. 10, line 66-Col. 11, line 12).
Regarding claim 6, Dua further teaches wherein the instep area and the ankle cuff share at least one course in common at a boundary of the instep area and the ankle cuff (Figures 6A & 6B).
Regarding claim 7, Dua further teaches the instep area (instep, see annotated Figure 6A below) extends between the ankle opening and the forefoot region (Figures 6A 7 6B), and wherein the instep area is joined through knitting to the ankle cuff (Col. 10, line 66-Col. 11, line 12).
Regarding claim 8, Dua further teaches the first medial-side lace aperture and the first lateral-side lace aperture each extend through a surface of the knitted component which extends integrally across the instep area between the first medial-side lace aperture and the first lateral-side lace aperture and upward toward the ankle cuff (Figures 6A 7 6B)
Regarding claim 9, Dua further teaches the knitted component in the instep area comprises a stretch knit structure (knitted structure has some amount of stretch due to the interlocking of loops).
Regarding claim 10, Dua further teaches the instep area and the ankle cuff each have a higher stretch than the medial side, the lateral side and the forefoot region of the upper (Col. 10, line 50-Col. 11, line 55).
Regarding claim 11, Dua further teaches the upper (320) comprises a polymer layer at one or more areas of the upper (Col. 5, line 7-26).
Regarding claim 14, Dua further teaches the knitted component is flat knitted (Col. 10, line 50-Col. 11, line 55).
Regarding claim 18, Dua further teaches at least some of the plurality of medial-side lace apertures extend through the knitted component (Figures 6A & 6B, Col. 10, line 66-Col. 11, line 12).
Regarding claim 19, Dua further teaches at least some of the plurality of medial-side lace apertures are formed into the knitted component by knitting (Figures 6A & 6B, Col. 10, line 66-Col. 11, line 12).
Regarding claim 20, Dua further teaches at least some of the plurality of medial-side lace apertures and at least some of the plurality of lateral-side lace apertures extend through the knitted component (Figures 6A & 6B, Col. 10, line 66-Col. 11, line 12).
Regarding claim 21, Dua further teaches the knitted component has a unitary knit construction (Figures 6A & 6B, Col. 10, line 66-Col. 11, line 12).
Regarding claim 24, Dua further teaches the knitted component (Col. 10, line 66-Col. 11, line 12) forms substantially all of the upper (Figures 6A & 6B).
Regarding claim 29, Dua further teaches the knitted component extends through an underfoot region of the upper (Figures 6A & 6B, Col. 10, line 66-Col. 11, line 65).
Regarding claim 30, Dua further teaches the ankle cuff covers an ankle of a wearer in an as-worn configuration (Figure 6A).
Regarding Claim 31, Dua further teaches the ankle cuff covers malleolus bones of the wearer, in the as-worn configuration (Figures 6A & 6B). It is noted that the insert will fit differently sized feet in different manners and an intended relative position of the insert to the wearer's foot anatomy is functional and not patentably significant.
Regarding claims 32 & 43, Dua teaches an article of footwear (300), the article of footwear comprising: an upper (320) comprising, a lateral side (Figure 6B), a medial side (Figure 6A), an exterior surface (Figures 6A & 6B); an interior surface (interior surface through opening 321); an throat area (322) extending between the medial side and the lateral side, a knitted component (Col. 10, line 66-Col. 11, line 12), wherein the knitted component integrally extends from the instep are upward to an ankle cuff that extends completely around an ankle opening of the upper (Figures 6A & 6B); a plurality of lateral-side lace apertures (324, on the side of Figure 6B) disposed on the lateral side of the upper and extending through each of the exterior surface and the interior surface of the upper; a plurality of medial-side lace apertures (324, on the side of Figure 6A) disposed on the medial side of the upper and extending through each of the exterior surface and the interior surface of the upper; a lace (lace, see annotated Figure 6A below), that enters a first medial side lace aperture (1M, see annotated Figure 6A below) of the plurality of medial-side lace apertures, a second medial-side lace aperture (\2M, see annotated Figure 6A below of the plurality of medial-side lace apertures, a first lateral-side lace aperture (1L, see annotated Figure 6A below) of the plurality of lateral-side lace apertures, a second lateral-side lace aperture (2L, see annotated Figure 6A below) of the plurality of second lateral-side lace apertures; wherein the plurality of first medial-side lace apertures and the plurality of second lateral-side apertures extend through part of the knitted component that is integral with the ankle cuff (Figures 6A & 6B) and a sole structure (310) secured to the knitted component (Col. 11, lines 64-65); but fails to teach that the lace is laced through ta first medial-side lace aperture of the plurality of medial-side lace apertures, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral- side lace apertures on the lateral side of the upper;
Wired teaches lacing a shoe such that the lace extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper (fig. 1 and description of 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have laced the article of footwear of Dua as taught by Wired fig. 1 in order to alleviate pressure points to provide more breathing room (description of 1 of Wired).
Lacing Dua as taught by Wired results in the lace extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper.
Regarding Claim 33, Dua further teaches a boundary extends around at least a portion of a lower area of the integrally knit ankle cuff and around the throat (Figures 6A & 6B).
Regarding Claim 34, Dua further teaches the boundary shares at least one course in common with the integrally knit ankle cuff, and wherein the boundary shares at least one course in common with the throat (Figures 6A & 6B).
Regarding Claim 35, Dua further teaches the boundary extends past the plurality of medial-side lace apertures and past the plurality of lateral-side lace apertures in a longitudinal direction (Figures 6A & 6B).
Regarding Claim 38, Dua further teaches a surface through which at least some of the plurality of medial-side lace apertures extends is coextensive with a surface of the integrally knit ankle cuff (Figures 6A & 6B).
Regarding Claim 39, Dua further teaches a portion of the exterior surface comprises a polymer layer (Col. 5, line 7-26).
Regarding Claim 40 & 44, Dua further teaches the ankle cuff covers malleolus bones of the wearer, in the as-worn configuration (Figures 6A & 6B). It is noted that the insert will fit differently sized feet in different manners and an intended relative position of the insert to the wearer's foot anatomy is functional and not patentably significant.
Regarding Claim 46, Dua further teaches a boundary demarcates the knitted component in the instep area and at least partially around a lower portion of the ankle cuff (Figures 6A & 6B).
Claims 2, 3, 12, 16, 17, 36, 37, 42, 48 & 49 are rejected under 35 U.S.C. 103 as being unpatentable over Dua (USPN 6,910,288) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007) in further view of Dua1 (US 2010/0154256).
Regarding claim 2, Dua does not specifically disclose the upper includes a reinforcing element to reinforce at least some of the plurality of lateral-side lace apertures. However, Dua1 discloses the upper includes a reinforcing element (43,44) to reinforce at least some of the plurality of lateral-side lace apertures (para. 27). It would have been obvious to one of ordinary skill in that art before the effective filing to include a reinforcing element, as taught by Dua1, to the shoe of Dua, in order to provide instep securement.
Regarding claim 3, the combination of Dua and Dua1 further teaches the reinforcing element is inlaid within the knitted component (Dua1, paras. 24-26, fig. 5B).
Regarding claim 12 & 45, Dua does not specifically disclose the upper comprises a skin layer bonded to at least a portion of the knitted component. However, Dua1 further teaches wherein the upper comprises a skin layer (35) bonded to at least a portion of the knitted component (para. 45, fig. 7E). It would have been obvious to one of ordinary skill in that art before the effective filing to include a skin layer, as taught by Dua1, to the shoe of Dua, in order to provide heel protection.
Regarding claims 16 and 17, Dua does not specifically discloses a first knit layer and a second knit layer. However, Dua1 further teaches the knitted component comprises a first knit layer (outer knit layer including 41 at toe area, fig. 5A) forming at least part of the exterior surface of the knitted component (fig. 5A) and a second knit layer (23) forming at least part of the interior surface of the knitted component (fig. 5A), wherein the first knit layer comprises a plurality of voids (at 41 at toe area, para. 22) that expose portions of the second knit layer (fig. 5A). It would have been obvious to one of ordinary skill in that art before the effective filing to include layer, as taught by Dua1, to the shoe of Dua, in order to provide desired functional characteristics. Note: For claims 16 & 17, the knitted component further includes 23 formed of unitary knit construction (para. 49).
Regarding Claim 36, Dua does not specifically disclose plurality of gaps are formed in the exterior surface of the upper. However, Dua1 further teaches a plurality of gaps are formed in the exterior surface of the upper (41). It would have been obvious to one of ordinary skill in that art before the effective filing to include a gaps, as taught by Dua1, to the shoe of Dua, in order to provide ventilation.
Regarding Claim 37, the combination of Dua and Dua1 further teaches the plurality of gaps are also formed in the interior surface of the upper (Dua1, 41).
Regarding Claim 42 & 49, Dua does not specifically disclose the knitted component comprises a seam extending vertically through the integrally knit ankle cuff in a heel region of the upper. However, Dua1 further teaches the knitted component comprises a seam extending vertically through the integrally knit ankle cuff in a heel region of the upper (fig. 1-4). It would have been obvious to one of ordinary skill in that art before the effective filing to include a seam, as taught by Dua1, to the shoe of Dua, in order to provide a fully assemble shoe.
Regarding Claim 48, Dua does not specifically disclose a plurality of gaps are formed in the exterior layer of the knitted component (41) to reveal the interior layer of the knitted component. However, Dua1 further teaches a plurality of gaps are formed in the exterior layer of the knitted component (41) to reveal the interior layer of the knitted component (fig. 5a & 6). It would have been obvious to one of ordinary skill in that art before the effective filing to include a gaps, as taught by Dua1, to the shoe of Dua, in order to provide ventilation.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Dua (USPN 6,910,288) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007) in view of Gerber (U.S. 20090100718).
Regarding claim 15, the Dua/Wired combined reference fails to teach the sole structure comprises a plurality of ground-engaging cleat members.
Gerber teaches a soccer shoe (100)(para. 38) having a plurality of ground-engaging cleat members (111-117, para. 44) (fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have added a plurality of ground-engaging cleat members to the sole structure of Dua in view of Gerber in order to enhance traction for the wearer.
Claims 1, 13, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (U.S. Patent No. 4438574) in view of Dua (U.S. 20100154256) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007).
Regarding claims 1, Johnson teaches an article of footwear (10), the article of footwear comprising: an upper (12) having a forefoot region, a midfoot region, a heel region, a medial side, a lateral side, and an instep area extending between the lateral side and the medial side (figs. 1,2), a plurality of lateral-side lace apertures (L/LI, see annotated fig. 4) disposed on the lateral side of the upper; a plurality of medial-side lace apertures (M/MI, see annotated fig. 4) disposed on the medial side of the upper; a first medial-side aperture (M, see annotated fig. 4) of the plurality of medial-side lace apertures, a second medial-side lace aperture (MI, see annotated fig. 4) of the plurality of second medial-side lace apertures, a first lateral-side lace aperture (L, see annotated fig. 4) of the plurality of first lateral-side lace apertures, a second lateral-side lace aperture (LI, see annotated fig. 4) of the plurality of second lateral-side lace apertures; and a sole structure (14) secured to the upper (fig. 1); but fails to teach the upper comprising a knitted component in the instep area, wherein the knitted component integrally extends from the instep are upward to an ankle cuff that extends completely around an ankle opening of the upper; a lace that extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral- side lace apertures on the lateral side of the upper.
Dua teaches footwear (fig. 1) comprising a knitted footwear tongue (33, para. 20, 22 & 32) in the instep area (fig. 1) wherein the knitted component integrally extends from the instep are upward to an ankle cuff that extends completely around an ankle opening of the upper (paras. 37,49)(fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the upper of Johnson so as to include a knitted tongue in the instep area in view of Dua in order to decrease waste, increase manufacturing efficiency and recyclability and enhance comfort in comparison to a conventional tongue with multiple joined material elements (para. 43 of Greene).
The Johnson/Dua combined reference fails to teach a lace that extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral- side lace apertures on the lateral side of the upper.
Wired teaches lacing a shoe such that the lace extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper (fig. 1 and description of 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have laced the article of footwear of the Johnson/Dua combined reference as taught by Wired fig. 1 in order to alleviate pressure points to provide more breathing room (description of 1 of Wired).
Lacing the Johnson/Dua combined reference as taught by Wired results in the lace extends through a first medial-side lace aperture of the plurality of medial-side lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through a second medial-side lace aperture of the plurality of medial-side lace apertures, wherein after exiting the upper through the second medial-side lace aperture, the lace extends across the instep area along an exterior surface of the upper and extends through a first lateral-side lace aperture of the plurality of lateral-side lace apertures, extends along the interior surface of the upper, and then exits the upper through a lateral-side lace aperture of the plurality of lateral-side lace apertures on the lateral side of the upper
Regarding claim 13, the Johnson/Dua/Wired combined reference teaches the first medial-side lace aperture (MI, see annotated fig. 4) is located more inward toward a middle of the upper than the second medial-side lace aperture (M. see annotated fig. 4).
Regarding claim 22, the Johnson/Dua/Wired combined reference teaches the knitted component comprises a seam extending vertically through the heel region and the ankle cuff (Dua, fig. 1 & 4).
Regarding claim 23, the Johnson/Dua/Wired combined reference teaches wherein the plurality of first lateral-side lace apertures on the lateral side comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein each inner lace aperture of the plurality of inner lace apertures and each outer lace aperture of the plurality of second outer lace apertures on the lateral side form pairs, each pair comprising one first inner lace aperture and one second outer lace aperture longitudinally offset from the one inner lace aperture, wherein the a distance between lace apertures within-a each pair is shorter than the a distance between adjacent pairs lace apertures of different pairs (Johnson, fig. 4 & Wired, fig. 1).
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Claims 41 & 47 are rejected under 35 U.S.C. 103 as being unpatentable over Dua (USPN 6,910,288) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007) in view of Johnson (USPN 4,438,574).
Regarding Claims 41 & 47, the Dua/Wired combined references fail to teach the plurality of medial- side lace apertures comprises a plurality of inner lace apertures and a plurality of outer lace apertures, wherein the plurality of inner lace apertures and the plurality of outer lace apertures each form laterally-offset pairs, wherein a distance between lace apertures in the same laterally-offset pair is shorter than a distance between adjacent lace apertures of different laterally-offset pairs that are adjacent to each other. However, Johnson discloses inner and outer lace apertures on either the lateral or medial side which are offset (Figures 1 & 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have inner and outer offset pairs of lace apertures as taught by Johnson, in order to securely lace the footwear for support and reinforcement.
Response to Amendment
Applicant arguments appear to be directed to the amended limitation in which additional consideration and re-interpretation has been given for the new/revised ground(s) of rejection, as discussed supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732