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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/16/2026 has been entered.
Claims 10-12 have been amended, claim 9 has been canceled, and claims 1-8 and 10-14 remain pending in this application.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-8, 10-12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammond (US 2016/0015115) in view of Schwartz (US 8,881,429).
Regarding claim 1, Hammond discloses a shoe indicator kit comprising: a left shoe insert (12) comprising a left shoe indicator (13) bodily integrated thereon, and aligned with an inner edge of the left she insert; and a right shoe insert (12’) comprising a right shoe indicator (13’) bodily integrated thereon, and aligned with an inner edge of the right shoe insert, wherein the left and right shoe indicators define respective left and right-side portions of a figure and are configured to visually align with each other to portray a unified figure across the left and right shoe inserts (paragraphs 0006-0015; Fig. 1).
Hammond does not disclose that the indicators are formed of the same material as the insert. Schwartz teaches a left shoe having a left shoe indicator (motif) and a right shoe having a right shoe indicator (motif). The indicators are bodily integrated and formed of the same material as the shoe (for example by dyeing) (column 3, lines 19-27; Fig. 7B, 7C, 8B, 8D). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the indicators by dyeing, as taught by Schwartz, in order to provide a permanent image which does not stick up from the insert surface, improving comfort and durability.
Regarding claim 2, Hammond discloses a left shoe (10) and a right shoe (10’), each operative to receive the respective left and right shoe insert.
Regarding claim 3, Hammond does not disclose that the inserts are permanently integrated within the shoes. It would have been obvious to one of ordinary skill in the art to permanently integrate the inserts within the shoes, as it is well known in the art to permanently integrate insole within shoes, preventing unwanted movement of the insoles within the shoes.
Regarding claim 4, Hammond discloses that the left and right shoe indicator are at least partially obscured during wear (wherein a wearer’s foot would cover the indicators when worn).
Regarding claim 5, Hammond discloses that the unified figure comprises any or a combination of a word, phrase, image, and symbol (such as an image).
Regarding claim 6, Hammond discloses that the left and right shoe indicators are displayed in high contrast to any remaining portion of the left and right shoe insoles (Fig. 1).
Regarding claim 7, Hammond discloses a shoe indicator system comprising: a left shoe (10) having disposed thereon a left shoe indicator (13) bodily integrated thereon; and a right shoe (10’) having disposed thereon a right shoe indicator (13’) bodily integrated thereon, wherein the left and right shoe indicators are configured to visually align with one another to portray a unified figure across the left and right shoes (paragraphs 0006-0015; Fig. 1).
Hammond does not disclose that the indicators are formed of the same material as the insert. Schwartz teaches a left shoe having a left shoe indicator (motif) and a right shoe having a right shoe indicator (motif). The indicators are bodily integrated and formed of the same material as the shoe (for example by dyeing) (column 3, lines 19-27; Fig. 7B, 7C, 8B, 8D). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the indicators by dyeing, as taught by Schwartz, in order to provide a permanent image which does not stick up from the insert surface, improving comfort and durability.
Regarding claim 8, Hammond discloses that the unified figure comprises any or a combination of a word, phrase, image, and symbol (such as an image).
Regarding claim 10, Hammond discloses that the left and right shoe indicators are bodily integrated into a respective left and right shoe insole (12, 12’), each such indicator respectively aligned with an inner edge of the left and right shoe insole, and wherein the right and left shoe indicators are readily visible through an opening defined by a collar of each of the left and right shoes yet visually obscured when such shoes are worn by a user (Fig. 1).
Regarding claim 11, Hammond discloses that the left and right shoe indicators are bodily integrated into and positioned on respective left and right ground-facing surfaces of each sole of the shoes (wherein the surface shown in Fig. 1 may be a ground-facing surface, depending on the orientation of the shoe with the ground).
Regarding claim 12, Hammond discloses that the left and right shoe indicators are positioned on an outer edge (as seen in Fig. 1, the indicators are positioned on an outermost edge) of the ground-facing surfaces of each sole of the shoes such that the indicators are separated when the shoes are worn (wherein the shoes, and therefore the indicators, are separated from each other when worn, such as when walking) and are configured to visually align to portray the unified figure when the shoes are overturned and viewed from the bottom (Fig. 1).
Regarding claim 14, Hammond discloses that the left and right shoe indicators are displayed in high visual contrast to the left and right shoes (Fig. 1).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hammond and Schwartz, as applied to claim 7, further in view of Cariffe, Jr. et al. (US 3,258,858), herein Cariffe.
Regarding claim 13, the combination of Hammond and Schwartz does not disclose that the left and right indicators are positioned on an outer surface of the shoes. Cariffe teaches a pair of shoes having right and left shoe indicators (11, 12). The indicators may be positioned on the insoles (as in Fig. 1), or on an outer surface of the shoes to lend an aesthetic appearance to the shoes (column 2, lines 61-63). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the right and left shoe indicators on an outer surface of the shoes, as taught by Cariffe, in order to lend an aesthetic appearance to the shoes.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10-14 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
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 SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 EST.
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/SHARON M PRANGE/ Primary Examiner, Art Unit 3732