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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/4/2026 has been entered.
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 Eldem (US 2022/0378149).
Regarding Claim 1, Eldem discloses a sole structure (Figures 1-2B) for an article of footwear (Figure 1), the sole structure comprising: a heel region (16);a forefoot region (12); a fluid-filled chamber (106, Para. 5) extending from a posterior end (162) in the heel region to an anterior end (160) in the forefoot region (Figures 1-2B), the fluid-filled chamber including a first surface (forefoot region surface) and an opposing second surface (opposing heel region surface); and a midsole (182 & 184) including a first projection (168a-h) contacting the fluid-filled chamber at a first contact region along the first surface inboard of the anterior end of the fluid-filled chamber in the forefoot region (Figures 2A, 2B & 11-16) along a longitudinal axis of the sole structure and a second projection (206a-c & 176a&b) contacting the fluid-filled chamber at a second contact region along the opposing second surface inboard of the posterior end of the fluid-filled chamber in the heel region (Figures 2A, 2B & 11-16) along a longitudinal axis of the sole structure, the first projection being spaced apart and separated from the second projection (Figures 2a & 2b).
Regarding Claim 2, Eldem discloses the first projection includes a distal end (end of one of 168a-h) defining a first engagement region in contact with the first contact region and the second projection includes a distal end (end of one of 206a-c or 176 a & b) defining a second engagement region in contact with the second contact region, the first engagement region and the second engagement region being smaller than a width of the fluid-filled chamber defined between a medial side of the fluid-filled chamber and a lateral side of the fluid-filled chamber (Figures 11-16).
Regarding Claim 3, Eldem discloses a gap (Figure 2b, spaces between projections, especially between the forefoot and heel regions) is defined between the first projection and the second projection, the gap extending from a medial side of the sole structure to a lateral side of the sole structure (Figures 2b, in the arch region).
Regarding Claim 4, Eldem discloses the midsole includes a first substrate (184) extending from between the heel region to and the forefoot region and including a first surface and a second surface disposed on an opposite side of the first substrate than the first surface (Figures 2b & 11-16) and a second substrate (182) extending between the heel region and the forefoot region and including a third surface and a fourth surface disposed on an opposite side of the second substrate than the third surface (Figures 2b & 11-16), the first projection extending from one of the first surface and the second surface (Figures 2b & 11-16) and the second projection extending from one of the third surface and the fourth surface (Figures 2b & 11-16).
Regarding Claim 5, Eldem discloses an outsole defining a ground-engaging surface (104), the outsole attached to the other of the third surface and the second fourth surface of the second substrate (Via 106, Figure 2b & 11-16).
Regarding Claim 6, Eldem discloses a footbed operable to receive a foot of a wearer (186), the other of the second first surface and the second surface of the first substrate opposing the footbed (Figure 2b & 11-16).
Regarding Claim 7, Eldem discloses the fluid-filled chamber includes a first end in contact with the midsole proximate to an anterior end of the sole structure (Figure 2b & 11-16).
Regarding Claim 8, Eldem discloses the fluid-filled chamber includes a second end spaced apart from the midsole proximate to a posterior end of the sole structure (Figure 2b & 11-16).
Regarding Claim 9, Eldem discloses a gap extending from a medial side of the sole structure to a lateral side of the sole structure between the first projection and an anterior end of the sole structure (Figures 2b, in the arch region).
Regarding Claim 10, Eldem discloses an article of footwear incorporating the sole structure of Claim 1 (Figure 1).
Regarding Claim 11, Eldem discloses a sole structure (Figures 1-2B) for an article of footwear (Figure 1), the sole structure comprising: a heel region (16); a forefoot region (12); a fluid-filled chamber (106, Para. 5) extending from a posterior end (162) the heel region to an anterior end (160) in the forefoot region (Figures 1-2B), the fluid-filled chamber including a first surface (forefoot region surface) and an opposing second surface (opposing heel region surface) and a midsole (182 & 184) including a first projection (168a-h) extending from the midsole in a first direction and contacting the fluid-filled chamber at a first contact region along the first surface inboard of the anterior end of the fluid-filled chamber in the forefoot region (Figures 2A, 2B & 11-16) and a second projection (206a-c & 176a&b) extending from the midsole in a second direction opposite the first direction and contacting the fluid-filled chamber at a second contact region along the opposing second surface inboard of the posterior end of the fluid-filled chamber in the heel region (Figures 11-16, opposite in that the projections alternate).
Regarding Claim 12, Eldem discloses the first projection includes a distal end (end of one of 168a-h) defining a first engagement region in contact with the first contact region and the second projection includes a distal end (end of one of 206a-c or 176 a & b) defining a second engagement region in contact with the second contact region, the first engagement region and the second engagement region being smaller than a width of the fluid-filled chamber defined between a medial side of the fluid-filled chamber and a lateral side of the fluid-filled chamber (Figures 11-16).
Regarding Claim 13, Eldem discloses a gap (Figure 2b, spaces between projections, especially between the forefoot and heel regions) is defined between the first projection and the second projection, the gap extending from a medial side of the sole structure to a lateral side of the sole structure (Figures 2b, in the arch region).
Regarding Claim 14, Eldem discloses the midsole includes a first substrate (184) extending from the forefoot region to the heel region and including a first surface and a second surface disposed on an opposite side of the first substrate than the first surface (Figures 2b & 11-16) and a second substrate (182) extending from the heel region to a midfoot region and including a third surface and a fourth surface disposed on an opposite side of the second substrate than the fourth surface (Figures 2b & 11-16), the first projection extending from the second surface in a direction toward a ground-engaging surface of the sole structure (Figures 2b & 11-16) and the second projection extending from the third surface in a direction away from the ground engaging surface (Figures 2b & 11-16).
Regarding Claim 15, Eldem discloses an outsole defining a ground-engaging surface (104), the outsole attached to the other of the third surface and the second fourth surface of the second substrate (Via 106, Figure 2b & 11-16).
Regarding Claim 16, Eldem discloses a footbed operable to receive a foot of a wearer (186), the first surface of the first substrate opposing the footbed (Figure 2b & 11-16).
Regarding Claim 17, Eldem discloses the fluid-filled chamber includes a first end in contact with the midsole proximate to an anterior end of the sole structure (Figure 2b & 11-16).
Regarding Claim 18, Eldem discloses the fluid-filled chamber includes a second end spaced apart from the midsole proximate to a posterior end of the sole structure (Figure 2b & 11-16).
Regarding Claim 19, Eldem discloses a gap extending from a medial side of the sole structure to a lateral side of the sole structure between the first projection and an anterior end of the sole structure (Figures 2b, in the arch region).
Regarding Claim 20, Eldem discloses an article of footwear incorporating the sole structure of Claim 1 (Figure 1).
Response to Amendment
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.
It is suggested applicant clarify what is meant by “opposing”.
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 KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm 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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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
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