Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 15, 2025 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
1. Claim(s) 39 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Dua (US 2010/0154256).
Regarding Claim 39, Dua discloses a one-piece flat-knitted element (para.20) comprising: a collar area (45) of the flat-knitted element extending in an uninterrupted manner and having one or more seamless contours (i.e. top edge and/or bottom edge of 45 are seamless) comprising: a continuous and finished knit edge defining the one or more seamless contours (para.39); a first knit layer (i.e. outer layer of 45) having a first knitted gore line (i.e. bottom edge of 45 on outer layer is a gore line, inasmuch as has been claimed by Applicant); and a second knit layer (i.e. inner layer of 45) having a second knitted gore line (i.e. bottom edge of 45 on inner layer is a gore line, inasmuch as has been claimed by Applicant) and connected to the first layer using knit stitches (para.29; as seen in Fig.5D, the layers are connected by a course of knit stitches that runs across the top edge of 45)(as seen in Fig.2, 3 & 6, i.e. the lower edge of 45 is longer than the upper edge of 45 on both the inner and outer layers, which would require an increase in stitches from the upper edge to the bottom edge, forming at least one gore in each layer, inasmuch as has been claimed & disclosed by Applicant and insofar as is definite) at the one or more contours (as seen in Fig.1-4, the top edge of 45 is a rounded contour, inasmuch as has been claimed by Applicant); and a base area (40) knitted in one piece with the collar area (as seen in Fig.2 & 5D) comprising: one or more edge contours formed at edges of the flat-knitted element comprising: a first finished knit edge of the flat-knitted element comprising a first line; a second finished knit edge of the flat-knitted element comprising a second line (see annotated Figure above; para.39); and a seam positioned within the base area and coupling the first line of the flat-knitted element to the second line of the flat-knitted element such that the flat-knitted element forms a three-dimensional flat-knitted element (as seen in Fig.4 & 5D); and wherein at least two of the one or more seamless contours or the one or more edge contours form a finished edge of the flat-knitted element (as seen in Fig.6; all of the edges/contours form a finished edge as the upper is a finished knit blank; para.39).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
2. Claim 21, 23-26, 30-31, 33-35, 37, and 40-47 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dua (US 2010/0154256) in view of Bell (US 2010/0077634), as evidenced by Orei (US 2005/0081402).
Regarding Claim 21, Dua discloses a knitted shoe, comprising: a three-dimensional upper comprising a one-piece flat-knitted element (30; para.20, as seen in Fig.1 & 6) comprising: an area of the flat-knitted element having a continuous finished knitted contour in a heel portion (i.e. top edge and/or bottom edge of 45; para.39) defining a collar (45) of the upper; a base area (40) knitted in one piece with the collar (as seen in Fig.2 & 5D), comprising: a first edge of the flat-knitted element comprising a first line; a second edge of the flat-knitted element comprising a second line (see annotated Figure below); and a seam coupling the first line of the flat-knitted element to the second line of the flat-knitted element such that the flat-knitted element forms the three-dimensional shoe upper (as seen in Fig.4 & 5D); and a sole (20)(as seen in Fig.1).
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Dua does not disclose wherein the seam is positioned on a medial or lateral side of the upper; and wherein the collar extends seamlessly in an uninterrupted manner from a medial side of the shoe around the heel portion to a lateral side of the shoe in a single piece. However, Bell teaches a knit upper (200; para.49) having a first edge (226) and a second edge (224)(as seen in Fig.7A); a seam coupling the first and second edges (para.56); and wherein the seam is positioned on a medial or lateral side of the upper (as seen in Fig.3 & 7A); and wherein a collar (i.e. top region of 218) extends seamlessly in an uninterrupted manner from a medial side (of 212) of the shoe around the heel portion to a lateral side (of 214) of the shoe in a single piece (as seen in Fig.3).
Therefore, it would have been obvious to one having ordinary skill in the art before the invention was made to have substituted the location of the seam of Dua with the location of the seam of Bell, as a simple substitution of one well known seam placement for another, in order to yield the predictable result of providing a seam on a flat knitted upper that forms the upper into a three-dimensional and usable upper. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Dua and Bell teach the collar extending seamlessly in an uninterrupted manner from a medial side of the shoe around the heel portion to a lateral side of the shoe in a single piece, by virtue of the location of the seam. It is further noted that it is well known in the knitting art that knitting a different shape requires merely programming of the knitting machine to obtain the desired shape; as evidenced by Fig.5 of Orei (US 2005/0081402) which shows a continuously knit collar (32c2) on a blank (32) with a unique knit shape and various knit types.
Regarding Claim 23, Dua discloses a knitted shoe of claim 21 wherein the collar comprises a first layer having at least a first knitted gore line (i.e. bottom edge of outer layer of 45 is a gore line, inasmuch as has been claimed by Applicant); a second layer having at least a second knitted gore line (i.e. bottom edge of inner layer of 45 is a gore line, inasmuch as has been claimed by Applicant) and connected to the first layer using knit stitches at the contour (as seen in Fig.5D); and wherein at least a portion of the contour of the collar is rounded (as seen in Fig.1-4, the top edge of 45 is rounded, inasmuch as has been claimed by Applicant).
Regarding Claim 24, Modified Dua further teaches a knitted shoe of claim 21 wherein at least a portion of the seam is positioned in at least one of a midfoot section and a forefoot section of the shoe (Bell: as seen in Fig.3 & 7A).
Regarding Claim 25, Dua discloses a knitted shoe of claim 21 wherein the collar comprises: a first knitted layer (i.e. outer layer of 45); and a second knitted layer (i.e. inner layer of 45) connected to the first layer using knit stitches at the contour of the collar (para.29; as seen in Fig.5D, the layers are connected by a course of knit stitches that runs across the top edge of 45).
Regarding Claim 26, Dua discloses a knitted shoe of claim 25 wherein the at least one of the first layer or the second layer of the collar comprises a knitted gore line (as seen in Fig.2, 3, & 6; i.e. bottom edge of 45 is a gore line, inasmuch as has been claimed by Applicant).
Regarding Claim 30, Modified Dua discloses a knitted shoe of claim 21 wherein at least one of a first knit stitch or a last knit stitch of the one-piece flat-knitted element is positioned proximate the sole in the knitted shoe (para.39; as seen in annotated Figure below) and wherein the seam comprises the at least one of the first knitted stitch or the last knitted stitch (as seen in Fig.6 of Dua & evidenced by Fig.3 of Bell).
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Regarding Claim 31, Dua discloses a knitted shoe of claim 21 further comprising at least one reinforced area having a three-dimensional shape (i.e. heel or toe region of 40) and comprising at least one of: a greater density of stitches than a surrounding knit material (48; para.44); a multi-layered area (para.45; i.e. lining & 40 is multilayered); a fuse yarn (47; para.43); and a polymer coating (as seen in Fig.7C & 7D).
Regarding Claim 33, Dua discloses a knitted shoe of claim 21 further comprising a multilayer knit portion (para.45; i.e. lining & 40 is multilayered) comprising apertures (41) in the base area (40) of the flat-knitted element and wherein the portion further comprises a synthetic monofilament (para.23).
Regarding Claim 34, Dua discloses a shoe upper (30), comprising: a flat-knitted element (para.20) comprising: a collar (45) comprising an external contour that extends as a finished knit for a length (para.39) of the collar comprising: a first knit layer comprising a first knitted gore line (i.e. bottom edge of outer layer of 45 is a gore line, inasmuch as has been claimed by Applicant); and a second knit layer comprising a second knitted gore line (i.e. bottom edge of inner layer of 45 is a gore line, inasmuch as has been claimed by Applicant)(as seen in Fig.2, 3, & 6); a base area (40) knitted in one piece with the collar (as seen in Fig.2 & 5D), comprising: a first finished edge of the flat-knitted element comprising a first line; a second finished edge of the flat-knitted element comprising a second line (see annotated Figure above; para.39); and a seam coupling the first line to the second line such that the upper is three-dimensional (as seen in Fig.4 & 5D). Dua does not disclose wherein the seam is positioned at least in part on a midfoot section of a lateral or a medial side of the upper, a collar comprising an external contour that extends seamlessly as a continuous knit for the entire length of the collar. However, Bell teaches a knit upper (200; para.49) having a first edge (226) and a second edge (224)(as seen in Fig.7A); a seam coupling the first and second edges (para.56); and wherein the seam is positioned at least in part on a midfoot section of a lateral or a medial side of the upper (as seen in Fig.3 & 7A), a collar (i.e. top region of 218) comprising an external contour that extends seamlessly as a continuous knit for the entire length of the collar (as seen in Fig.3).
Therefore, it would have been obvious to one having ordinary skill in the art before the invention was made to have substituted the location of the seam of Dua with the location of the seam of Bell, as a simple substitution of one well known seam placement for another, in order to yield the predictable result of providing a seam on a flat knitted upper that forms the upper into a three-dimensional and usable upper. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Dua and Bell teach the collar comprising an external contour that extends seamlessly as a finished and continuous knit for the entire length of the collar, by virtue of the location of the seam.
Regarding Claim 35, Modified Dua discloses a shoe upper of claim 34 wherein the collar extends in an uninterrupted manner from a medial side of the flat-knitted element around a heel portion to a lateral side and further comprises: a pocket (Dua: i.e. void in 45) extending in a seamless and uninterrupted manner from the medial side around the heel to the lateral side in a single piece (as modified by Bell and seen in Fig.3) and is defined by the first and second layers that are coextensive and separate in at least a section of the collar (Dua: as seen in Fig.5D) and wherein at least one of the first or second layer has an end that is uncoupled from at least portion of the collar such that a pocket opening (Dua: i.e. opening at the heel end of pocket) is defined (Dua: para.29, 40 & 47; as seen in Fig.5D & 6). It is further noted that it is well known in the knitting art that knitting a different shape requires merely programming of the knitting machine to obtain the desired shape; as evidenced by Fig.5 of Orei (US 2005/0081402) which shows a continuously knit collar (32c2) on a blank (32) with a unique knit shape and various knit types.
Regarding Claim 37, Dua discloses a shoe upper of claim 34 further comprising at least one reinforced area (i.e. heel or toe region of 40) that comprises at least one of: a greater density of stitches than a surrounding knit material (48; para.44); a multi-layered area (para.45; i.e. lining & 40 is multilayered); a fuse yarn (47; para.43); and a polymer coating (as seen in Fig.7C & 7D).
Regarding Claim 40, Dua further discloses a flat-knitted element of claim 39 wherein the collar further comprises a pocket (Dua: i.e. void in 45), and wherein the collar is defined by the first knit layer and the second knit layer (Dua: as seen in Fig.5D & 6), wherein at least a portion of the knit layers of the pocket are not enmeshed and are connected at the at least one of the one or more contours of the collar (Dua: para.29; as seen in Fig.5D). Dua does not disclose the collar extending continuously in an uninterrupted manner from the medial side of the flat-knitted element through a heel portion of the collar to the lateral side of the flat-knitted element. However, Bell discloses a knit shoe upper having a collar (i.e. top region of 218) extending continuously in an uninterrupted manner from the medial side through a heel portion of the collar to the lateral side (as seen in Fig.3).
Therefore, it would have been obvious to one having ordinary skill in the art before the invention was made to have formed the upper of Dua such that the collar extends continuously along the heel region, as taught by Bell, in order to provide the desired shape of upper for aesthetic purposes. When in combination, Dua and Bell teach the collar comprising a pocket extending continuously in an uninterrupted manner from the medial side of the flat-knitted element through a heel portion of the collar to the lateral side of the flat-knitted element. It is further noted that it is well known in the knitting art that knitting a different shape requires merely programming of the knitting machine to obtain the desired shape; as evidenced by Fig.5 of Orei (US 2005/0081402) which shows a continuously knit collar (32c2) on a blank (32) with a unique knit shape and various knit types.
Regarding Claim 41, Dua discloses a knitted shoe of claim 21 wherein both a first knitted stitch and a last knitted stitch of the one-piece flat-knitted element are positioned proximate the sole in the knitted shoe (as seen in the annotated Figure with Claim 30) and wherein the seam comprises at least one of the first knitted stitch or the last knitted stitch (as seen in Fig.6 of Dua & evidenced by Fig.3 of Bell).
Regarding Claim 42, Dua discloses a knitted shoe of claim 21 further comprising a first functional area (area of 40 with 41) having a first knitting technique and a first characteristic (i.e. apertures; para.22-23) and a second functional area (area of 40 having 42) having a second knitting technique and a second characteristic (para.23-24).
Regarding Claim 43, Dua discloses a knitted shoe of claim 21 wherein the continuous finished contour (i.e. perimeter edge of 30/40) extends from a forefoot portion through a lateral portion through the heel portion through a medial portion such that all exposed edges on the shoe is finished (para.39; “knitted component 40 may be formed to have a finished configuration”).
Regarding Claim 44, Modified Dua discloses a knitted shoe of claim 21 wherein the collar further comprises: a pocket (Dua: i.e. void in 45) extending continuously in an uninterrupted manner from a medial side of the knitted shoe through the heel portion of the collar to a lateral side of the knitted shoe (as modified by Bell and seen in Fig.3) and wherein the collar is defined by a first knit layer and a second knit layer (Dua: as seen in Fig.5D & 6); and a foam material positioned in the pocket (Dua:para.47).
Regarding Claim 45, Modified Dua discloses a shoe upper of claim 34 wherein the collar further comprises: a pocket (Dua: i.e. void in 45) extending continuously in an uninterrupted manner from a medial side of the shoe upper through the heel portion of the collar to a lateral side of the knitted shoe (as modified by Bell and seen in Fig.3) and wherein the collar is defined by a first knit layer and a second knit layer (Dua: as seen in Fig.5D & 6); and a foam material positioned in the pocket (Dua: para.47).
Regarding Claim 46, Dua further discloses a flat-knitted element of claim 39 wherein the collar area further comprises: a pocket (Dua: i.e. void in 45) extending continuously in an uninterrupted manner from a medial side of the flat-knitted element through a heel portion of the collar area to a lateral side of the knitted shoe (as modified by Bell and seen in Fig.3) and wherein the collar area is defined by the first knit layer and the second knit layer (Dua: as seen in Fig.5D & 6); and a foam material positioned in the pocket (Dua: para.47). Dua does not disclose the collar extending continuously in an uninterrupted manner from the medial side of the flat-knitted element through a heel portion of the collar to the lateral side of the flat-knitted element. However, Bell discloses a knit shoe upper having a collar (i.e. top region of 218) extending continuously in an uninterrupted manner from the medial side through a heel portion of the collar to the lateral side (as seen in Fig.3).
Therefore, it would have been obvious to one having ordinary skill in the art before the invention was made to have formed the upper of Dua such that the collar extends continuously along the heel region, as taught by Bell, in order to provide the desired shape of upper for aesthetic purposes. When in combination, Dua and Bell teach the collar comprising a pocket extending continuously in an uninterrupted manner from the medial side of the flat-knitted element through a heel portion of the collar to the lateral side of the flat-knitted element. It is further noted that it is well known in the knitting art that knitting a different shape requires merely programming of the knitting machine to obtain the desired shape; as evidenced by Fig.5 of Orei (US 2005/0081402) which shows a continuously knit collar (32c2) on a blank (32) with a unique knit shape and various knit types.
Regarding Claim 47, Dua discloses a knitted shoe of claim 21 wherein the base area comprises at least one section comprising a multilayered construction or a pocket (para.34; i.e. a double knit material is a double layered construction).
Response to Arguments
In view of Applicant's amendment, the search has been updated, and newly modified grounds of rejection have been identified and applied. Applicant's arguments have been considered but, as they are drawn solely to the newly amended limitations, are moot in view of the newly modified ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732