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 .
Status of Application
Claims 1-15 and 28-31 are currently pending.
Claim Rejections - 35 USC § 103
Claims 1, 4-9, 13-15, 28 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd et al. (US 2021/0100316 A1).
Regarding Claim 1, Corcoran-Tadd teaches a shoe, an article of apparel, (Abstract) comprising a shoe upper with a first layer comprising a thread pattern or fabric layer, a base layer comprising a fabric material, and a thread layer disposed on the first layer, where the thread layer is defined by a thread and thread pattern, the thread comprising a plurality of thread lines crossing over each other at points of overlap between two or more thread lines (Claim 21 of Corcoran-Tadd; Paragraph 0067-0068, 0105, 0187), where the thread lines extends continuously across the thread layer, the thread lines are not woven or knitted threads and are not embroidered threads stitched to the base layer (Paragraph 0060, 0084). Corcoran-Tadd teaches each of the thread lines is directly bonded to a surface of the fabric material of the base layer along a portion of the length of the thread lines via a polymeric material of each of the thread lines via thermally bonding to the surface of the base layer by softening or melting of the polymeric material (Paragraph 0079, 0094, 0187).
Regarding Claim 4, Corcoran-Tadd teaches the thread layer occupies a surface area defined by a thread border on the surface of the base layer, wherein the base layer comprises a perimeter edge surrounding the thread border, as Corcoran-Tadd teaches the base layer can include a sock bootie. (Paragraph 0068).
Regarding Claim 5, Corcoran-Tadd teaches the base layer comprises a first piece of material comprising the fabric material and a second piece of material, third thread layer, adjacent to the first piece of material, wherein the thread lines extends across and is directly bonded to both the first and second pieces of material. (Claim 21-22 of Corcoran-Tadd; Paragraph 0094)
Regarding Claim 6, Corcoran-Tadd teaches the first and second pieces of material are stacked on top of each other, thereby having a gap, and the thread lines extends across the gap (Paragraph 0094).
Regarding Claim 7, Corcoran-Tadd teaches the base layer can include layers arranged side-by-side, which would create a seam between a joined first piece of material and a second piece of material. (Paragraph 0068). Corcoran-Tadd also teaches having the thread lines extending across and bonded to the base layer, as discussed above.
Regarding Claim 8, Corcoran-Tadd teaches the thread lines are applied with tension (Paragraph 0052, Paragraph 0172). Therefore, it would have been obvious to one with ordinary skill in the art that the thread lines will apply an individual compressive stress against wherever the thread lines contact. Corcoran-Tadd teaches bonding the thread lines along anchor points on and/or within the base layer (Paragraph 0051, 0054, 0078; Fig. 1A) therefore, the compressive stress would be applied along an axis extending from a first end to a second end of each of the thread lines.
Regarding Claim 9, Corcoran-Tadd teaches a second thread layer defined by a second thread, the second thread layer comprising a plurality of second thread lines crossing over each other at points of overlap between two or more of the second thread lines, wherein each of the second thread lines extends continuously across the second thread layer, wherein the second thread lines are not woven or knitted threads, wherein the second thread lines not embroidered threads stitched to the base layer, and wherein each of the second thread lines is directly bonded to a surface of the base layer along at least a portion of a length of the second thread line. (Claim 21-23 of Corcoran-Tadd).
Regarding Claim 13, Corcoran-Tadd teaches the base layer comprises a foam layer. (Paragraph 0067-0068).
Regarding Claim 14, Corcoran-Tadd teaches the base is a first base layer disposed between the thread layer, the article further comprises a second base layer disposed above the thread layer, wherein each of the thread lines is directly bonded to a surface of the second base layer along at least a portion of a length of the thread line. (Paragraph 0094; Claim 21-23 of Cororan-Tadd).
Regarding Claim 15, Corcoran-Tadd teaches the base layer and the second base layer comprises a foam. (Paragraph 0067-0068)
Regarding Claim 28, Corcoran-Tadd teaches the fabric material comprises a woven, non-woven or knit fabric material. (Paragraph 0068).
Regarding Claim 31, Corcoran-Tadd teaches the base layer can be the bottom or the top; therefore, the surface of the base layer faces away from a user’s body during use. (Paragraph 0067-0068, 0094).
Allowable Subject Matter
Claims 2-3, 10-12, and 29-30 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 have been fully considered.
New grounds of rejection have been made in view of Applicant’s amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael Zhang/Primary Examiner, Art Unit 1781
