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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/25/2026 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8, 13-15, 18, 21-24 & 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Schum (USPN 10,575,591) in view of Maccano (USPN 4,811,500), Bunch (USPN 4,926,569) and Lovett (US 2017/0105489).
Regarding Claim 1, Schum discloses a golf shoe (Figures 5A-5D or Figures 2A-2D), comprising: an upper (504 or 204) with a medial side (Figure 5A or Figure 2C)) and a lateral side (Figure 5B or Figure 2D); a sole assembly (502 or 204) connected to the upper, the sole assembly comprising at least a midsole and an outsole (Figures 5A-5D or Figures 2A-2D); a plurality of straps (506 & 508 or 206); wherein the plurality of straps that are adjustably securable around the subject's foot (Figures 5A-5D, 506 & 508 or 206) and a lace assembly (530, 532, 536, 538 or 208 & 210) extending from a heel region of the golf shoe to a lower throat region of the golf shoe (Figures 5A-5D or Figures 2A-2D); a plurality of lace guides (534, 224, 232, 234); wherein the lace assembly is configured to simultaneously (i) draw the medial and lateral sides of the upper towards a top center region of the golf shoe by engaging the plurality of lace guides (Col. 12, line 52- Col. 14, line 11 or Col. 10, lines 21-59).
Schum does not specifically disclose an internal support extending between an outermost surface of the upper and an interior or inner layer of the upper, wherein the internal support is configured to conform to a shape or contour of a subject’s foot, wherein the internal support is configured to extend along only the lateral side of the upper. However, Maccano discloses an internal support (40) extending between an outermost surface of the upper (Figures 1 & 3) and an interior or inner layer of the upper (insole, in Figure 3), wherein the internal support is configured to conform to a shape or contour of a subject’s foot (Col. 2, lines 16-22). It would have been obvious to one of ordinary skill in the art before the effective filing date to include an internal support, as taught by Maccano, to the shoe of Schum in order to provide further support and protection of a user’s foot. Therefore, as modified, the combination of Schum and Maccano disclose a plurality of straps (Schum 506 & 508 or 206 & Maccano, Figures 1-3); extending over the internal support; wherein the plurality of straps are adjustably securable around the subject's foot without engaging the internal support (Schum 506 & 508 or 206 & Maccano, Figures 1-3) wherein the lace assembly is configured to simultaneously (i) draw the medial and lateral sides of the upper towards a top center region of the golf shoe and (ii) secure the internal support along or around a foot of a subject wearing the golf shoe (Schum, Col. 12, line 52- Col. 14, line 11 or Col. 10, lines 21-59 & Maccano, Figures 1-3).
The combination of Schum and Maccano do not specifically disclose the internal support is configured to extend along only the lateral side of the upper. However, Bunch teaches an interior support on one side of a shoe (Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a single sided internal support, as taught by Bunch, to the shoe of Schum-Maccano in order to provide specified support to a user’s foot. Therefore, as modified, the combination of Schum, Maccano and Bunch disclose wherein the lace assembly is configured to extend through a lace guide that is integrated with a lateral side portion of the internal support and a plurality of lace guides provided across from the internal support (Figures 5A-5D or Figures 2A-2D, Maccano, Figures 1-3 & Bunch, Figure 1), wherein the lace assembly is configured to simultaneously (i) draw the medial and lateral sides of the upper towards a top center region of the golf shoe and (ii) secure the internal support along or around a foot of a subject wearing the golf shoe by engaging only the lateral side portion of the internal support (Schum, Col. 12, line 52- Col. 14, line 11 or Col. 10, lines 21-59 & Maccano, Figures 1-3 & Bunch, Figure 1).
Schum does not specifically disclose a lace assembly extending continuously from a heel region of the golf shoe to a lower throat region of the golf shoe. However, Lovett disclose a lace assembly extending continuously from a heel region of the golf shoe to a lower throat region of the golf shoe (Figure 1).It would have been obvious to one of ordinary skill in the art before the effective filing date to include a continuously lace assembly, as taught by Lovett, to the shoe of Schum in order to provide cohesive tensioning.
Regarding Claim 2, the combination of Schum, Maccano, Bunch and Lovett disclose the internal support is independently securable around the subject's foot without engaging the plurality of straps (Maccano, Figures 1-3 & Bunch, Figure 1).
Regarding Claim 3, the combination of Schum, Maccano, Bunch and Lovett disclose the medial side of the upper, the lateral side of the upper, and the internal support are independently securable around the subject's foot without engaging the plurality of straps (Schum 5A-C & Maccano, Figures 1-3 & Bunch, Figure 1).
Regarding Claim 4, the combination of Schum, Maccano, Bunch and Lovett disclose the internal support is automatically secured around the subject's foot when the medial and lateral sides of the upper are drawn towards the top center region of the golf shoe (Schum 5A-C & Maccano, Figures 1-3 & Bunch, Figure 1).
Regarding Claim 5, the combination of Schum, Maccano, Bunch and Lovett disclose the internal support is automatically released from around the subject's foot when a tension in the lace assembly is released to allow the medial and lateral sides of the upper to be drawn apart and separated (Schum 5A-C & Maccano, Figures 1-3 & Bunch, Figure 1).
Regarding Claim 6, the combination of Schum, Maccano, Bunch and Lovett disclose a lower portion of the internal support is sleeved within the upper (Maccano, Figures 1-3 & Bunch, Figure 1), and wherein an upper portion of the internal support is configured to extend into or across a throat region of the golf shoe (Maccano, Figures 1-3 & Bunch, Figure 1).
Regarding Claim 8, the combination of Schum, Maccano, Bunch and Lovett disclose the upper portion of the internal support is extendable across different regions or sections of the throat region (Schum 5A-C & Maccano, Figures 1-3 & Bunch, Figure 1).
Regarding Claim 13, Schum discloses the plurality of straps comprises a first strap (506) and a second strap (508) configured to extend across and over the upper and the lace assembly.
Regarding Claim 14, Schum discloses the first strap and the second strap are independently securable around different portions or regions of the subject's foot (Figures 5A-5D).
Regarding Claim 15, Schum discloses the first strap and the second strap are concurrently or simultaneously securable around different portions or regions of the subject's foot (Figures 5A-5D)
Regarding Claim 18, the combination of Schum, Maccano, Bunch and Lovett disclose the first strap and the second strap are spaced apart along the lateral side of the upper to expose or reveal a portion of the internal support (Schum, Figure 5C & Maccano, Figures 1-3 & Bunch, Figure 1).
Regarding Claim 21, Schum discloses a first adjustment mechanism (one of 520) provided along the lateral side of the upper and a first cable (one of 522) coupling the first adjustment mechanism to a distal end of the first strap (Figures 5A-5D).
Regarding Claim 22, Schum discloses a second adjustment mechanism (the other 520) provided along the lateral side of the upper and a second cable (the other 522) coupling the second adjustment mechanism to a distal end of the second strap (Figures 5A-5D).
Regarding Claim 23, Schum discloses the first cable and the second cable are separate and distinct from the lace assembly and positionally offset from the top center region of the golf shoe to minimize interference with the lace assembly (Figures 5A-5D).
Regarding Claim 24, Schum does not specifically disclose in Figures 5A-5D the lace segment with a first end coupled to a third adjustment mechanism provided along the heel region of the golf shoe. However, in Figure 6, Schum discloses a lace segment with a first end coupled to a third adjustment mechanism (606) provided along the heel region of the golf shoe (Figure 6, Col. 14, line 12-Col. 16, line 31). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a third adjustment mechanism, as taught by an alternate embodiment of Schum, in order to provide motorized tensioning systems for ease of use. Therefore, as modified, Schum discloses a second end coupled to the lower throat region of the golf shoe, wherein the second end is space apart from the first adjustment mechanism and the second adjustment mechanism (Figures 5A-5D & 6).
Regarding Claim 29, the combination of Schum, Maccano, Bunch and Lovett disclose the lace assembly is configured to extend from the heel region of the golf shoe (Schum, Figures 5A-5D or Figures 2A-2D), through a first lace guide (Schum, 534, 224, 232, 234) on a first side of a throat region of the golf shoe, across the throat region towards a second side of the throat region, through the lace guide that is integrated with the lateral side portion of the internal support (Maccano, Figures 1-3 & Bunch, Figure 1), back across the throat region, and through a second lace guide on the first side of the throat region, before terminating at a point located on the second side of the throat region along the lower throat region of the golf shoe.
Regarding Claim 30, the combination of Schum, Maccano, Bunch and Lovett disclose the internal support is configured to extend across only a lateral side portion of a throat region of the golf shoe (as modified, Maccano, Figures 1-3 & Bunch, Figure 1).
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Schum (USPN 10,575,591) in view of Maccano (USPN 4,811,500), Bunch (USPN 4,926,569) and Lovett (US 2017/0105489) in further view of Nickel (USPN D751281).
Regarding Claim 26, the combination of Schum, Maccano, Bunch, and Lovett do not specifically disclose the third adjustment mechanism is configured to tighten or loosen the lace assembly without adjusting a level of tension in the first cable or the second cable. However, Nickel discloses a third adjustment mechanism is configured to tighten or loosen the lace without adjusting a level of tension in a first cable or a second cable (Figures 1 & 2). It would have been obvious to one of ordinary skill in the art before the effective filing date to include a third adjustment mechanism, as taught by Nickel, in order to provide further customizable shoe securement.
Regarding Claim 27, the combination of Schum, Maccano, Bunch, Lovett and Nickel disclose the third adjustment mechanism is configured to engage the internal support without engaging the first strap or the second strap (Nickel, Figures 1 & 2 & Maccano, Figures 1-3).
Regarding Claim 28, the combination of Schum, Maccano, Bunch and Lovett and Nickel disclose the lace segment is not attached or coupled to either the first cable or the second cable (Schum, Figures 5A-C & Maccano, Figures 1-3 & Nickel, Figures 1 & 2).
Response to Argument
Applicant’s arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732