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 .
DETAILED ACTION
Response to Amendment
Applicant’s amendment filed June 9, 2026 has been received, Claims 21, 23-25, 34-35, 37, 39-40, 42-46, and 48-53 are currently pending.
Drawings
1. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
-“wherein the first section of the first knitted gore line is coupled to the first section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area; and wherein the second section of the first knitted gore line is coupled to the second section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area” of Claim 25,
-“a first knit layer comprising a first knitted gore line extending from the external contour to an outer edge of the collar; and a second knit layer comprising a second knitted gore line extending from the external contour to an inner edge of the collar” in Claim 34,
-“an external shoe contour comprising: the uncut flat-knit stitches of the continuous finished knitted contour of the collar area” in Claim 49,
-the “knitted wales substantially perpendicular to the sole of the knitted shoe in the heel portion of the knitted shoe” in Claim 50,
-and the “knitted wales substantially perpendicular to the sole of the knitted shoe from a medial side of the knitted shoe through the heel area of the knitted shoe to the lateral side of the knitted shoe” in Claim 51 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
2. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 25 recites “wherein the first section of the first knitted gore line is coupled to the first section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area; and wherein the second section of the first knitted gore line is coupled to the second section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area”. After a full review of Applicant’s disclosure, there is no support for stitches of the contour edge coupling sections of the first and second gore lines together. For these reasons, the specification fails to provide proper antecedent basis for the claimed subject matter.
Claim 34 recites “a first knit layer comprising a first knitted gore line extending from the external contour to an outer edge of the collar; and a second knit layer comprising a second knitted gore line extending from the external contour to an inner edge of the collar”. After a full review of Applicant’s disclosure, there is no support for the gore lines extending from the external contour to respective inner or outer edges of the collar. In fact, there is no mention of the collar having an external contour and inner and outer edges in Applicant’s disclosure at all. For these reasons, the specification fails to provide proper antecedent basis for the claimed subject matter.
Claim 49 recites “an external shoe contour comprising: the uncut flat-knit stitches of the continuous finished knitted contour of the collar area”. After a full review of Applicant’s disclosure, there is no support for an external shoe contour. In fact, there is no mention of the shoe having an external contour, as well as a collar area and a continuous finished knitted contour”. For these reasons, the specification fails to provide proper antecedent basis for the claimed subject matter.
Claim 50 recites “knitted wales substantially perpendicular to the sole of the knitted shoe in the heel portion of the knitted shoe” and Claim 51 recites “knitted wales substantially perpendicular to the sole of the knitted shoe from a medial side of the knitted shoe through the heel area of the knitted shoe to the lateral side of the knitted shoe”. After a full review of Applicant’s disclosure, there is no support for knitted wales being substantially perpendicular to the various claimed shoe portions. In fact, there is no mention of wales, courses, or knitting direction in Applicant’s disclosure at all. For these reasons, the specification fails to provide proper antecedent basis for the claimed subject matter.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
3. Claims 25, 34, 49, 50, and 51 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 25 recites “wherein the first section of the first knitted gore line is coupled to the first section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area; and wherein the second section of the first knitted gore line is coupled to the second section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area”. After a full review of Applicant’s disclosure, there is no support for stitches of the contour edge coupling sections of the first and second gore lines together. For these reasons, the limitations are regarded as new matter.
Claim 34 recites “a first knit layer comprising a first knitted gore line extending from the external contour to an outer edge of the collar; and a second knit layer comprising a second knitted gore line extending from the external contour to an inner edge of the collar”. After a full review of Applicant’s disclosure, there is no support for the gore lines extending from the external contour to respective inner or outer edges of the collar. In fact, there is no mention of the collar having an external contour and inner and outer edges in Applicant’s disclosure at all. For these reasons, the limitations are regarded as new matter.
Claim 49 recites “an external shoe contour comprising: the uncut flat-knit stitches of the continuous finished knitted contour of the collar area”. After a full review of Applicant’s disclosure, there is no support for an external shoe contour. In fact, there is no mention of the shoe having an external contour, as well as a collar area and a continuous finished knitted contour”. For these reasons, the limitation is regarded as new matter.
Claim 50 recites “knitted wales substantially perpendicular to the sole of the knitted shoe in the heel portion of the knitted shoe” and Claim 51 recites “knitted wales substantially perpendicular to the sole of the knitted shoe from a medial side of the knitted shoe through the heel area of the knitted shoe to the lateral side of the knitted shoe”. After a full review of Applicant’s disclosure, there is no support for knitted wales being substantially perpendicular to the various claimed shoe portions. In fact, there is no mention of wales, courses, or knitting direction in Applicant’s disclosure at all. For these reasons, the limitations are regarded as new matter.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 25, 34-35, 37, 45, and 49-51 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 25 recites “wherein the first section of the first knitted gore line is coupled to the first section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area; and wherein the second section of the first knitted gore line is coupled to the second section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area”. The claim limitation is indefinite as it is wholly unclear how stitches of the contour edge are used to couple sections of the first and second gore lines together. Claim 25 is rejected as best understood by Examiner.
Claim 34 recites “a first knit layer comprising a first knitted gore line extending from the external contour to an outer edge of the collar; and a second knit layer comprising a second knitted gore line extending from the external contour to an inner edge of the collar”. The claim limitation is indefinite as it is wholly unclear where the outer and inner edges of the collar are structurally located. The collar is formed by the gore line running along the bottom of the collar and the external contour running along the top edge of the collar, both of which meet at a point, leaving no additional edges being part of the collar. Claim 34 is rejected as best understood by Examiner.
Claim 49 recites “further comprising an external shoe contour comprising: the uncut flat-knit stitches of the continuous finished knitted contour of the collar area”. The claim limitation is indefinite as it is unclear what structure the external shoe contour is and how it is different from the previously recited collar area comprising a continuous finished knitted contour. After a full review of Applicant’s disclosure, it appears the external shoe contour is the exact same structure as the collar area comprising a continuous finished knitted contour. Claim 49 is rejected as best understood by examiner.
Claim 50 recites “knitted wales substantially perpendicular to the sole of the knitted shoe in the heel portion of the knitted shoe”. The claim limitation is indefinite as it is unclear in what orientation Applicant intends for the wales to be substantially perpendicular to the sole. Claim 50 is rejected as best understood by examiner.
Claim 51 recites “knitted wales substantially perpendicular to the sole of the knitted shoe from a medial side of the knitted shoe through the heel area of the knitted shoe to the lateral side of the knitted shoe”. The claim limitation is indefinite as it is unclear in what orientation Applicant intends for the wales to be substantially perpendicular to the sole. Claim 51 is rejected as best understood by examiner.
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.
5. Claim 21, 23-25, 34-35, 37, 39-40, 42-46, and 48-53 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 Sokolowski (US 2008/0110049).
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: a collar area (45) of the flat-knitted element comprising: a continuous finished knitted contour (i.e. top edge of 45; para.39) defined by uncut flat-knit stitches at a contour edge in a heel portion (as seen in Fig.1 & 6); 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) extending from the continuous finished knitted contour (as seen in Fig.6); and a base area (40) knitted in one piece with the collar (as seen in Fig.2 & 5D), comprising: a first flat-knit edge of the base area 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 positioned within the base area and coupling the first line of the base area of the flat-knitted element to the second line of the base area 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 solely within the base area on a medial or lateral side of the upper; and wherein the collar area 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 positioned solely within the base area and 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 area (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.7 of Sokolowski (US 2008/0110049) which shows a continuously knit and finished blank (60) with a unique knit shape and various knit types (para.45 & 48-49).
Regarding Claim 23, Modified Dua discloses a knitted shoe of claim 21 wherein the collar area further comprises a first layer comprising the first knitted gore line (i.e. bottom edge of outer layer of 45 is a gore line, inasmuch as has been claimed by Applicant) extending from the continuous finished knitted contour (as seen in Fig.6); a second layer having 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 wherein the second layer is connected to the first layer using at least a portion of the flat-knit stitches at the contour edge (as seen in Fig.5D); a pocket area (i.e. void within 45) defined in part by the first layer, the second layer and the first knitted gore line (para.29; 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 or 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 area comprises: a first knitted layer (i.e. outer layer of 45) comprising: a first section of the first knitted gore line (i.e. medial portion of bottom edge of outer layer of 45); a second section of the first knitted gore line (i.e. lateral portion of bottom edge of outer layer of 45); and a second knitted layer (i.e. inner layer of 45) comprising: a first section of a second knitted gore line (i.e. medial portion of bottom edge of inner layer of 45); a second section of the second knitted gore line (i.e. lateral portion of bottom edge of inner layer of 45); and wherein the first section of the first knitted gore line is coupled to the first section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area; and wherein the second section of the first knitted gore line is coupled to the second section of the second knitted gore line using at least some of the uncut flat-knit stitches at the contour edge of the collar area (para.29; as seen in Fig.5D & 6, the gore line sections are connected by knit stitches at the point they meet the contour edge).
Regarding Claim 34, Dua discloses a shoe upper (30), comprising: a flat-knitted element (para.20) comprising: a collar (45) comprising an external contour (i.e. top edge of 45) formed by uncut flat-knit stitches and that extends as a finished knit for a length of the collar (para.39); 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) extending from the external contour to an outer edge of the collar; 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) extending from the external contour to an inner edge of the collar (as seen in Fig.2, 3, & 6; insofar as is definite, the gore lines extend from the external contour to respective inner or outer edges of the collar, in that the gore lines of Dua extend in the same manner disclosed and shown by Applicant); a base area (40) knitted in one piece with the collar (as seen in Fig.2 & 5D), comprising: a first finished flat-knit edge of the base area of the flat-knitted element comprising a first line; a second finished flat-knit edge of the base area of the flat-knitted element comprising a second line (see annotated Figure above; para.39); and a seam positioned in the base area and 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 solely in 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. 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.7 of Sokolowski (US 2008/0110049) which shows a continuously knit and finished blank (60) with a unique knit shape and various knit types (para.45 & 48-49).
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 knit layer or the second knit 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.7 of Sokolowski (US 2008/0110049) which shows a continuously knit and finished blank (60) with a unique knit shape and various knit types (para.45 & 48-49).
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); or a polymer coating (as seen in Fig.7C & 7D).
Regarding Claim 39, Dua discloses a one-piece flat-knitted element (para.20) comprising: a collar area (45) of the flat-knitted element having one or more seamless contours (i.e. top edge of 45; para.39) extending seamlessly in an uninterrupted manner (as seen in Fig.1 & 6), comprising: a continuous and finished knit edge comprising uncut flat-knit stitches 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) extending from at least one of the one or more seamless contours (as seen in Fig.6); 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 at least one of 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 flat-knit edge of the base area of the flat-knitted element comprising a first line; a second finished flat-knit edge of the base area 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 base area of the flat-knitted element to the second line of the base area 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). Dua does not disclose wherein the seam is positioned solely within the base area on a medial or lateral side of the upper; and wherein the collar area 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 positioned solely within the base area and 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 area (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.7 of Sokolowski (US 2008/0110049) which shows a continuously knit and finished blank (60) with a unique knit shape and various knit types (para.45 & 48-49).
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 seamless contours of the collar area (Dua: para.29; as seen in Fig.5D); and wherein at least one of the first knit layer or the second knit 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). 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.7 of Sokolowski (US 2008/0110049) which shows a continuously knit and finished blank (60) with a unique knit shape and various knit types (para.45 & 48-49).
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 knitted 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 area 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 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 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, Modified 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).
Regarding Claim 48, Modified Dua discloses a knitted shoe of claim 21 wherein the base area (40) further comprises: a heel area positioned solely within the base area extending seamlessly in an uninterrupted manner from the medial side of the shoe to the lateral side of the shoe in a single piece (as modified by Bell and seen in Fig.3); wherein the heel area comprise at least one of polymer material or fuse yarn (para.43; as seen in Fig.7C); and wherein the first knitted gore line extends proximate to the heel area such that the first knitted gore line extends to an intersection of the base area and the collar area (as seen in Fig.1 & 5D).
Regarding Claim 49, Dua discloses a knitted shoe of claim 21 further comprising an external shoe contour comprising: the uncut flat-knit stitches of the continuous finished knitted contour (i.e. top edge of 45; para.39) of the collar area (45); and uncut flat-knit stitches of the base area extending along exposed edges (i.e. bottom perimeter edge of 40) of the base area; and wherein all exposed edges (i.e. all perimeter edges of 40) of the knitted shoe comprise the continuous finished knitted contour of the collar area and the exposed edges of the base area (as seen in Fig.6).
Regarding Claim 50, insofar as is definite, Dua discloses a knitted shoe of claim 21 further comprising knitted wales (para.20) substantially perpendicular to the sole (20) of the knitted shoe in the heel portion of the knitted shoe (inasmuch as has been claimed, some portion of the knitted wales would be “substantially perpendicular” to the sole in the heel region).
Regarding Claim 51, insofar as is definite, Dua discloses a knitted shoe of claim 21 further comprising knitted wales (para.20) substantially perpendicular to the sole (20) of the knitted shoe from a medial side of the knitted shoe through the heel area of the knitted shoe to the lateral side of the knitted shoe (inasmuch as has been claimed, some portion of the knitted wales would be “substantially perpendicular” from a medial side of the knitted shoe through the heel area of the knitted shoe to the lateral side of the knitted shoe).
Regarding Claim 52, Dua discloses a flat-knitted element of claim 39 wherein the first knitted gore line (i.e. bottom edge of 45 on outer layer is a gore line, inasmuch as has been claimed by Applicant) is coupled to the second knitted gore line (i.e. bottom edge of 45 on inner layer is a gore line, inasmuch as has been claimed by Applicant) using at least some of the knit stitches at the at least one of the one or more seamless contours (para.29; as seen in Fig.5D & 6, the gore line sections are connected by knit stitches at the point they meet the contour edge).
Regarding Claim 53, Modified Dua discloses a flat-knitted element of claim 39 wherein the base area (40) further comprises a heel area extending seamlessly in an uninterrupted manner from a medial side of the flat-knitted element to a lateral side of the flat-knitted element in a single piece (as modified by Bell and seen in Fig.3) and comprising at least one of polymer material or fuse yarn (para.43; as seen in Fig.7C); and wherein the first knitted gore line extends from the one or more seamless contours of the collar area to the heel area (as seen in Fig.1 & 6).
Response to Arguments
In view of Applicant's amendment, the search has been updated, newly modified grounds of rejection and new prior art 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 and new grounds of rejection.
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.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732
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