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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, Claims 1-15 in the reply filed on 03/09/2026 is acknowledged.
Claims 16-27 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group 2-3, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/09/2026.
The restriction requirement has been made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 8, the claim recites each of the thread lines applies a compressive force and then recites from a first end to a second of the thread line. The claim is indefinite, as there is insufficient antecedent basis from a first end to a second end of the thread line, as the claim recites the compressive force is applied by each thread line. Therefore, it is interpreted that each thread line applies a compressive force that runs from a first end to a second end of each of the thread lines.
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, 2, 4-6, 10, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corcoran-Tadd et al. (US 2019/0307208 A1).
Regarding Claim 1, Corcoran-Tadd teaches an article of apparel (Abstract; Paragraph 0202) comprising a base layer, a sole, an upper, or a padding element (Paragraph 0066, 0104, 0108, 0156) and a thread layer defined by a thread, the thread layer comprising a plurality of thread lines crossing over each other at points of overlap between two or more of the thread lines, wherein each of the thread lines extends continuously across the thread layer, (Claim 1 of Corcoran-Todd; Paragraph 0052) wherein the thread lines are not woven or knitted threads, wherein the thread lines not embroidered threads stitched to the to the base layer (Paragraph 0083), and wherein each of the thread lines is directly bonded, without an adhesive, to a surface of the base layer along at least a portion of a length of the thread line. (Paragraph 0098, 0104, 0160, 0200)
Regarding Claim 2, Corcoran-Tadd teaches the thread layer occupies a surface area defined by a thread border on the surface of the base layer, and wherein each of the thread lines comprises a first end disposed at the thread boarder and second end disposed at the thread border. (Fig. 21; Paragraph 0200).
Regarding Claim 4, Corcoran-Tadd teaches the thread layer occupies a surface area defined by a thread border on the surface of the bas layer, wherein the base layer comprises a perimeter edge surrounding the thread border. (Fig. 21; Paragraph 0200)
Regarding Claim 5, Corcoran-Tadd teaches the base layer can comprise a first piece of material, a sole, and a second piece of material adjacent to the first piece of material, upper, and the one or more thread lines extend across and is directly bonded to the both the first piece of material and the second piece of material. (Fig. 1B, Paragraph 0078).
Regarding Claim 6, Corcoran-Tadd teaches a gap between the first piece of material and the second piece of material, where one or more of the thread lines extends across the gap. (Fig. 1A)
Regarding Claim 10, Corcoran-Tadd teaches the thread lines are directly bonded to the surface of the base layer at a perimeter of the thread layer to define a pocket between the thread layer and the base layer. (Fig. 1A).
Regarding Claim 13, Corcoran-Tadd teaches the base layer, sole, can comprise a foam material. (Paragraph 0069).
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.
Claim 3, 7-9, 11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd et al. (US 20190/307208 A1).
Regarding Claim 3, Corcoran-Tadd does not specifically teach the first end and second end of each thread liens are directly boned to the surface of the base layer. However, Corcoran-Tadd teaches the thread lines can be directed bonded to the surfaces of a base layer (Paragraph 0160) and the anchor points, the end points of the thread lines can be directed together to form a shape (Paragraph 0051, 0078). Thus, it would have been obvious to one with ordinary skill in the art to have the end points of the thread lines directed bonded to the surface of the base layer to make various shapes as taught by Corcoran-Tadd.
Regarding Claim 7, Corcoran-Tadd teaches a base layer of a sole, a first piece of material, and a fabric layer or upper, a second piece material, laid together thereby forming a seam, where the one or more thread lines extends across the seam is bonded to both the first piece and the second piece of material. (Paragraph 0055, 0066). Corcoran-Tadd does not specifically teach the thread lines are directly bonded. However, Corcoran-Tadd teaches the thread lines can be directed bonded to the surfaces of a base layer (Paragraph 0160) and the anchor points, the end points of the thread lines can be directed together to form a shape (Paragraph 0051, 0078). Thus, it would have been obvious to one with ordinary skill in the art to have the end points of the thread lines directed bonded to the surface of the base layer, the first and second pieces of material, to make various shapes as taught by Corcoran-Tadd.
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 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 connected to anchor points on a base layer. (Paragraph 0008, 0051, 0083, 0086). Corcoran-Tadd does not specifically teach the thread lines of the second thread layer are directly bond to the base layer. However, Corcoran-Tadd teaches thread lines can be directed bonded to the surfaces of a base layer (Paragraph 0160) and the anchor points, the end points of the thread lines can be directed together to form a shape (Paragraph 0051, 0078). Thus, it would have been obvious to one with ordinary skill in the art to have the end points of the thread lines of the second thread layer directly boned to the base layer, to make various shapes as taught by Corcoran-Tadd.
Regarding Claim 11, Corcoran-Tadd teaches padding or fabric layer may be inserted within the thread pattern pocket. (Paragraph 0115, 0172).
Regarding Claim 14, Corcoran-Tadd teaches a base layer is a first base layer disposed below the thread layer and a second base layer disposed above the thread layer, where each of the thread lines is bonded to a surface of the second base layer along at least a portion of a length of the thread line. (Fig. 1B; Paragraph 0020).
Corcoran-Tadd does not specifically teach the thread lines are directly bonded to the second base layer. However, Corcoran-Tadd teaches the thread lines can be directed bonded to the surfaces of any base layer (Paragraph 0160) and the anchor points, the end points of the thread lines can be directed together to form a shape (Paragraph 0051, 0078). Thus, it would have been obvious to one with ordinary skill in the art to have each of the thread lines directly bonded to any base layer, including the second base layer, to form a shape.
Regarding Claim 15, Corcoran-Tadd teaches the base layer and the second base layer can comprise foam material. (Paragraph 0066-0067, 0069).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd in view of Smith (NPL).
Regarding Claim 12, Corcoran-Tadd teaches the foam insert can be placed within the thread lines (Paragraph 0118), but does not specifically teach the foam insert is a shin guard. Corcoran-Tadd does teach the padding can be placed in any element of the shoe to provide support or protection. (Paragraph 0115).
Smith teaches shoes with high ankle support, CONVERSE CHUCK TAYLORS, that extend over the ankles and touch the shins to allegedly protect the ankle. Therefore, it would have been obvious to one with ordinary skill in the art to have the insert padding taught by Corcoran-Tadd be considered a partial shin guard, as the padding could be used to apply the high top area that covers the ankle and shins to provide protection and support as desired by Smith and Corcoran-Tadd.
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
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