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 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.
Claim(s) 1-4, 15-17, 19, 20, 25, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chambers (5551173).
Chambers shows A sole for a shoe, comprising:
an inner sole (figure 1) comprising a top surface arranged to face a foot of a wearer of the shoe
when the inner sole is arranged in the shoe,
wherein the top surface comprises a first textured (22) area and a second textured area (22D),
wherein the top surface comprises an untextured area not comprising protuberances,
recesses or holes (area adjacent edge 16, shown below),
wherein the first textured area (22) is located in a toe region of the inner sole and
comprises a first plurality of protuberances (22), and the second textured area (22D) is located in a heel
region of the inner sole and comprises a second plurality of protuberances (22D),
wherein the inner sole comprises a plurality of holes (60) extending through the inner sole
at a central portion of the midfoot region (see figure 1), and wherein the plurality of holes are configured
to provide a proprioceptive effect, and
wherein the untextured area extends between the toe region and the heel region and
extends from a medial edge of the inner sole to the plurality of holes (see marked up figure below), and
wherein a third textured area extends between the toe region and the heel region and comprises a plurality of protuberance extending from a lateral edge of the inner sole to the plurality of holes (see marked up figure below) as claimed.
In reference to claim 2, the protuberances 22D are considered to be in a rearmost portion of the heel region.
In reference to claim 3, see lateral heel textured region (lateral heel holes) and medial textured heel region (holes on the medial heel area).
In reference to claims 4, 25, and 26, see marked up figure below.
In reference to claim 15, Chambers shows a textile layer (32).
In reference to claim 16, Chambers shows a foam layer (20, see column 4 lines 26-33).
In reference to claim 17, see figures which show different shapes.
In reference to claims 19 and 20, see column 3 lines 19-22 which states that the insoles may be formed as part of footwear.
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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(s) 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chambers.
Chambers discloses the claimed invention except for the exact size of the protuberances. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the protuberances of a size as claimed, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 11 and 12 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.
Claims 29 and 30 are allowed.
Response to Arguments
Applicant's arguments filed 8/3/26 have been fully considered but they are not persuasive. See above rejection of newly added phrase and limitations along with the marked up figure above.
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.
The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
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/MARIE D BAYS/Primary Examiner, Art Unit 3732
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