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 I, claims 1-8 and 21-32, in the reply filed on December 8, 2025 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6, 8, 21, 23 and 30-32 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Gross (US 2001/0016992).
Claim 1: Gross discloses a blow molding system (¶¶ 54-59, 88-89; figs. 1-7). The system includes an extrusion system including at least one extruder configured to extrude a parison having an interior cavity (fig. 6; ¶ 88); a blow pin (61) configured to extend into the interior cavity of the parison extruded from the extrusion system (¶¶ 88-89; figs. 6-7); and a mold assembly defining a mold chamber configured to receive the parison, the mold assembly including a plurality of mold cavities each facing the mold chamber and defining a profile of a sole component of an article of footwear (figs. 6-7; ¶¶ 46-47, 88-89).
Claim 6: Gross discloses the plurality of mold cavities includes a first mold cavity defining a profile of a first sole plate of an article of footwear and a second mold cavity defining a profile of a second sole plate of the article of footwear having a different configuration than the first sole plate (¶¶ 47, 101; fig. 34; left and right boots).
Claim 8: Gross discloses the mold cavities defines a profile for a sole plate including a full-length sole plate body and a plurality of traction elements (¶¶ 46-47; figs. 6-7).
Claim 21: Gross discloses the blow pin being configured to receive a pressurized fluid and inject the fluid into the interior cavity of the parison to expand the parison within the mold chamber (¶ 41).
Claim 23: Gross discloses a blow molding system (¶¶ 54-59; figs. 1-7). The system includes an extrusion system including at least one extruder configured to extrude a parison having an interior cavity (fig. 6; ¶ 88); a blow pin (61) configured to extend into the interior cavity of the parison extruded from the extrusion system (¶¶ 88-89; figs. 6-7); and a mold assembly defining a mold chamber configured to receive the parison, the mold assembly including a first ground-engaging structure of a first sole structure and a second mold cavity facing the mold chamber and defining a second ground-engaging structure of a second sole structure (figs. 6-7, 34; ¶¶ 46-47, 88-89, 101).
Claim 30: Gross discloses the first mold cavity opposing the second mold cavity (figs. 6-7, 34).
Claim 31: Gross discloses the parison extending between the first and second mold cavities (figs. 6-7).
Claim 32: Gross discloses the mold cavities defines a profile for a sole plate including a full-length sole plate body and a plurality of traction elements (¶¶ 46-47; figs. 6-7).
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 2-5, 22 and 24-29are rejected under 35 U.S.C. 103 as being unpatentable over Gross (US 2001/0016992), as applied to claims 1 and 23 above, in view of Strum (EP 0321946).
Claims 2 and 24: Gross discloses the at least one extruder includes a first extruder configured to extrude a first layer of the parison, but is silent as to a second extruder configured to extrude a second layer of the parison concentric with the first layer. However, Strum discloses a blow molding system including an extrusion system including two extruders configured to extrude a parison having an interior cavity (fig. 1; ¶ 6). As taught by Strum, using multiple extruders allows for a multilayer parison to be formed. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have included multiple extruders in the system of Gross to allow multilayer parisons to be formed.
Claims 3-5 and 27-29: A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). Moreover, Gross discloses the use of polymers and recycled materials (claims 15 and 19). Likewise, Strum discloses the first and second different materials, including polypropylene and recycled materials (¶ 14).
Claims 22 and 25: Strum discloses the extruders being configured to intermittently extrude the second layer along a length of the parison such that the second layer is omitted in a first region of the parison (¶ 6).
Claim 26: Gross discloses the first region corresponds to a midfoot region of at least one of the first ground-engaging structure and the second ground-engaging structure (figs. 28, 34; ¶¶ 46-47, 101).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gross (US 2001/0016992), as applied to claim 1 above in vew of Cargile (US 2002/0136794).
Claim 7: Gross is silent as to a plurality of first and second cavities. However, Cargile discloses a blow molding system including a plurality of first and second cavities (figs. 1-3). As taught by Cargile, including additional cavities increases the capacity of blow molding systems (¶ 4). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have included additional cavities in the system of Gross to increase the capacity of the blow molding system. Moreover, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza 245 F.2d 669, 124 USPQ 378 (CCPA 1960).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at 571-270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LARRY W THROWER/ Primary Examiner, Art Unit 1754
Prosecution Insights