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 .
Claim Objections
Claims 1, 19 are objected to because of the following informalities:
Claim 1, could read “to form the sole element, in line 4”.
Claim 19, could read “The method for manufacturing a shoe according to claim 1”, since “A shoe manufactured” is similar to “the method for manufacturing a shoe”.
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.
Claim(s) 1-8, 13-22 are rejected under 35 U.S.C. 103 as being unpatentable over Foley et al. (2016/0066649—hereinafter, Foley) in view of Weiger et al. (2021/0107188—hereinafter, Weiger).
Regarding claims 1, 21, Foley discloses a method for manufacturing a shoe (fig.2, par [0036, 0037, 0045-0046]), comprising the steps of: providing a sole element (206) in a mold (208) (fig.2,8); b) providing an upper (202) in the mold (fig.2,8).
Foley does not disclose providing a plurality of individual particles for a sole element; fusing the plurality of individual particles to each to form the sole element by means of an electromagnetic filed at a first temperature; the sole is formed a material that has a higher permittivity than at least one of the individual particles and the upper.
However, Weiger teaches another similar method of making the footwear article (fig.1-2); fig.2 shows a mold system 210, 220, 230 (par [0098]); and providing a plurality of individual particles for a sole element; and fusing the plurality of individual particles to each other to form a sole element by means of an electromagnetic field at a first temperature ( [0098] FIG. 2 sketches embodiments 210, 220 and 230 of inventive mold inserts. In all three embodiments, the mold insert is depicted as completely enclosing the molding cavity (it is noted, though, that only a two-dimensional cut through the three-dimensional mold insert is shown in each case, which cannot capture all details of the three-dimensional shape of the respective mold insert). It is noted that generally the mold inserts 210, 220, 230 will be separable into at least two parts, for example a top part and a bottom part, such that the molding cavity may be loaded with the particles and the fused component be removed from the mold. Such separation lines between the different parts of the mold insert are not shown in FIG. 2, however, for simplicity; [0101] The mold insert 220 builds on the general construction of the mold insert 210, but now different materials are used in different regions of the mold insert 220. The different materials are called “Material A”, “Material B” and “Material C” in FIG. 2. In addition to using such different materials, the dielectric properties (e.g., permittivity, dielectric loss factor) may also be changed locally within one of the given material regions. The “Material A”, “Material B” and “Material C” may, for example, be chosen from the materials discussed in the present document, in particular from the materials discussed in the context of FIGS. 3 and 4, potentially with the further constraint that the dielectric loss factor shall be larger than 0.01 (more details on this will follow below).
[0102] Finally, the mold insert 230 builds further on the general construction of the mold insert 220, where now three different material structures (made from the same material or from different materials, e.g. from the three different materials “Material A”, “Material B” and “Material C” of the mold insert 220) are employed in the different regions. The different material structures are called “Structure A”, “Structure B” and “Structure C” in FIG. 2. Here, the additive manufacturing of the inventive mold inserts comes desirably to fruition, since such methods allow for the creation of complicated and ‘open’ (i.e., including cavities, channels, etc.) inner structures, which may otherwise not be achievable. Such inner structures can, in particular, help to change the local density and/or the local dielectric properties of the different regions or sections of the mold insert 230, and hence the way the mold insert influence the permeating electromagnetic field. As one possible example, the three different structures may comprise air cavities of a different (average) size, resulting in a different (average) density of the mold insert 230 in the respective regions, and hence different permittivity-values; wherein the first temperature is lower than the second temperature;
and wherein the mold is formed of a material that a higher permittivity than at least one of the individual particles and the upper (par [0124-0130]); and fusing the plurality of individual particles to each other to form a sole element by means of an electromagnetic field at a first temperature (par [0055, 0105, 0124-0130]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide a method of making a sole by inserting a plurality of particles into the mold as the claimed invention to form the sole element for Foley as taught by Weiger in order to fuse the sole to the upper to form a footwear article. (see par [00124-130, and all figures of Weiger).
Furthermore, wherein the plurality of individual particles in a surface portion of the sole element facing the upper are softened (see combination of Foley and Weiger).
Furthermore, Foley and Weiger do not explicitly disclose where the first temperature is lower than the second temperature. However, Foley and Weiger further disclose where the first temperature is lower than the second temperature (par [0124-0130] of Weiger teaches a temperature ranges relative to the material as used to form the sole; and in par [0054] of Foley as stated a second temperarure as the high-frequency electrical filed generating heat; and par [0034, 0036] the shoe upper 102 is welded to the bottom unit(sole) using radio-frequency as high-frequency welding or dielectric sealing of Foley). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention recognize the first temperature as disclosed by Weiger is lower than the second temperature as disclosed by Foley, much modification would be considered a mere design choice involves routine skill in the art.
Regarding claim 2, Foley and Weiger disclose the method for manufacturing a shoe according to claim 1, wherein the providing a plurality of individual particles further comprises: providing a supporting element for the sole element in the mold (fig.1-2 of Weiger); and providing an outsole element (210, fig.2 of Foley) for the sole element in the mold; and wherein step the contacting the upper further comprises fusing the supporting element and the outsole element by means of the electromagnetic field (par [0036] of Foley).
Regarding claims 4-8, Foley and Weiger disclose wherein the electromagnetic field is in the radio frequency range of 30 kHz to 300 MHz (par [0065] of Weiger); wherein the electromagnetic field is in the radio frequency range of 300 MHz to 300 GHz (par [0065] of Weiger); wherein the fusing the plurality of individual particles to each other and the contacting the upper are performed without an adhesive (the combination of Foley and Weiger as similar as to claim 1); further comprising locally adjusting a field strength distribution of the electromagnetic field within the mold (see par [0017] of Weiger); wherein energy supplied by means of the electromagnetic field is varied over time (see par [0017] of Weiger).
Regarding claims 13-20, Weiger disclose the method for manufacturing a shoe according to claim 1, wherein the plurality of individual particles and/or the upper are pre-heated in the mold prior to the fusing the plurality of individual particles to each other (par [0057] of Weiger); wherein the mold comprises a polymer material (par [0031, 0082] of Weiger); wherein the polymer material is a thermoplastic material comprising at least one of the following: polyethylene terephthalate(PET), polybutylene terephthalate (PBT), polyoxymethylene (POM), polyamide-imide (PAI), polycarbonate (PC), polyketones (PK), polyether ether ketone (PEEK), polyvinylidene fluoride, polyvinylidene difluoride (PVDF), thermoplastic polyurethane (TPU), polyethylene (PE), or combinations thereof (par [0031, 0082] of Weiger); wherein the plurality of individual particles comprises a foamed material based on at least one of the following: expanded thermoplastic polyurethane (eTPU), expanded polyamide (ePA), expanded polyetherblockamide (ePEBA), polylactide (PLA), polyether-block-amide (PEBA), expanded polyethylene terephthalate (ePET), expanded polybutylene terephthalate (ePBT), expanded thermoplastic polyester ether elastomer (eTPEE), expanded polystyrene (ePS), or combinations thereof (par [0096] of Weiger); wherein the upper is a textile upper (par [0031]) and comprises at least one of the following: a knitted construction, a woven construction, a non-woven construction, randomly deposited fibers, a multi-directional layered material, a mesh structure, or combinations thereof; a system comprising means for performing the method for manufacturing a shoe according to claim 1 (see the combination of Foley and Weiger); a shoe manufactured according to the method for manufacturing a shoe according to claim 1 (see the combination of Foley and Weiger); wherein the shoe does not comprise an adhesive (pr [0036-0037] of Foley).
Regarding claim 22, Foley further disclose the method of claim 21, wherein the textile (par [0031] of Foley) has a knitted construction, a woven construction, a non-woven construction, randomly deposited fibers, a multi-directional layered material, a mesh structure, or combinations thereof.
Allowable Subject Matter
Claims 3, 9 and 11 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 with respect to claim(s) 1-9, 11, 13-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732