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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/18/2025 has been entered.
Response to Amendment
In accordance with Applicant’s amendment filed 11/18/2025, claims 1 and 22 are amended. Claim 2 is canceled. Claims 1, 3-4, 9-10, 19-24 are presented for examination on the merits.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 22 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. In light of Applicant’s amendment filed 11/18/2025, which has changed the scope of the claims, the search has been updated and new prior art has been identified and applied, as described in the rejections below.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to modify Davison to have the blocker ink as newly claimed in the amendment filed 11/18/2025, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, a clear motivation for adding blocker ink in the newly claimed areas is provided by the newly cited Elder (US 2018/0338577) reference, as described in the rejection below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4, 9-10, 19-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meschter (US 2017/0042286) in view of Elder (US 2018/0338577).
Regarding claim 1, Meschter discloses: A cushioning component for a wearable article, the cushioning component comprising: a bladder (100) including a first barrier sheet (111) and a second barrier sheet (112) defining an interior cavity between opposing inner surfaces of the first barrier sheet and the second barrier sheet, the first barrier sheet and the second barrier sheet sealed to one another along a peripheral bond (114) to enclose the interior cavity and retain a gas in the interior cavity (chamber 100 is a fluid filled chamber, and paragraph 136 states “any of the manufacturing processes, materials, fluids, fluid pressures, and other features of barrier 40 discussed above may also be utilized for barrier 110” and paragraph 119 describes that the fluid may be a gas, so it is understood that the barrier portions 111 and 112 retain a gas); and a core (120) disposed in the interior cavity and spaced entirely inward of the peripheral bond (see figures 13, 14, and 17B), the core including at least one polymeric sheet (“each of the tether elements 120 are formed from a single element of a two-dimensional material, such as a […] polymer sheet” paragraph 139) traversing the interior cavity between and directly bonded to the opposing inner surfaces of the first barrier sheet and the second barrier sheet at a plurality of bonds to tether the first barrier sheet to the second barrier sheet (“upper end area 121 is secured, bonded, or otherwise joined to upper barrier portion 111, lower end area 122 is secured, bonded, or otherwise joined to lower barrier portion 112” paragraph 139; see figure 14 and 15), the at least one polymeric sheet displaced from the opposing inner surfaces by the gas at unbonded areas of the at least one polymeric sheet (see figure 15 showing that the unbonded areas are spaced apart from the opposing inner surfaces), and the plurality of bonds arranged such that the gas in the interior cavity is in fluid communication around the at least one polymeric sheet without the at least one polymeric sheets creating any sealed chambers within the bladder that are not in fluid communication with the interior cavity (see figures 13, 14, 15, and 17A and 17B, which all show that the tether elements 120 do not create any sealed chambers and allow fluid communication throughout the interior cavity).
Because the currently relied upon embodiment of Meschter includes a core that comprises multiple separate tether elements and therefore the core does not appear to have one single outer perimeter that can be defined for the whole core, the currently relied upon embodiment does not explicitly disclose: wherein the core has an outer perimeter that includes a first edge and a second edge opposite from the first edge; and wherein each of the unbonded areas extends from the first edge to the second edge.
However, Meschter also teaches “although the structure of chamber 100 discussed above and depicted in the figures provides a suitable example of a configuration that may be utilized in footwear 10, a variety of other configurations may also be utilized” and “referring to FIG. 18B, a single tether element 120 is joined to barrier portions 111 and 112 in various locations and has a zigzagging configuration within chamber 100” (paragraph 140).
Meschter teaches analogous art to the instant application in the field of footwear with bladders. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the tether elements as depicted in figures 13-17B of Meschter from a single tether element that is joined to the barrier portions 111 and 112 in a zigzagging configuration, as taught by Meschter in paragraph 140 and shown in figure 18B, in order to simplify the manufacturing process and reduce the number of parts required, as well as to “enhance the overall stability of footwear 10 during walking, running, or other ambulatory activities” (paragraph 140) due to the angled orientation of the tether elements. Examiner notes that, as modified, the bonded areas would still extend continuously from the medial side to the lateral side of the tether element as shown in figures 13, 14, and 17B, but the tether elements 120 would now be formed as a single, zigzagging sheet instead of multiple separate strips. See exemplary figures 14 and 17A annotated below to illustrate how a zigzagging shape would appear superimposed on the existing figures for clarity on the orientation and configuration of the bonds from various angles/perspectives, as figure 18B only shows one limited perspective.
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Meschter does not explicitly disclose: wherein blocker ink is disposed on the core at the unbonded areas; and wherein blocker ink is disposed on the opposing inner surfaces of the first barrier sheet and the second barrier sheet outward of the outer perimeter of the core and inward of the peripheral bond.
However, Elder teaches a cushioning component (18) comprising a first barrier sheet (32), a second barrier sheet (36), and a core (34). Specifically, Elder also teaches the use of blocker ink (“anti-weld material may be ink-jet printed at all selected locations on the sheets where bonds are not desired […] the stacked, flat polymeric sheets are then heat pressed to create bonds between adjacent sheets on all adjacent sheet surfaces except for where anti-weld material was applied” paragraph 66).
Elder teaches analogous art to the instant application in the field of cushioning components for footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply blocker ink on all locations of the first barrier sheet, second barrier sheet, and core of Meschter where bonds are not desired, as taught by Elder (see paragraph 66 of Elder), in order to ensure that no bonds will be formed at undesired locations and the final bladder will have the desired pattern of bonds. Since the opposing inner surfaces of the first barrier sheet and the second barrier sheet outward of the outer perimeter of the core and inward of the peripheral bond are not bonded (see figure 17A of Meschter annotated above and figure 18B of Meschter showing that the inner surfaces of the barrier sheets are not bonded outward of the outer perimeter of the core and inward of the peripheral bond), the modification to add blocker ink to all areas where bonds are not desired (i.e., all areas that are shown as unbonded in Meschter) would add blocker ink to the claimed areas.
Regarding claim 4, Meschter as modified discloses: The cushioning component of claim 1, wherein a thickness of each polymeric sheet of the at least one polymeric sheet of the core is not greater than a thickness of the first barrier sheet and is not greater than a thickness of the second barrier sheet (see figure 18B which shows that the thickness of the polymeric sheet 120 is not greater than the thickness of the first and second barrier sheets 111, 112).
Regarding claim 9, Meschter as modified discloses: The cushioning component of claim 1, wherein: the opposing inner surfaces of the bladder include a first inner surface of the first barrier sheet (the first barrier sheet 111 has an inner surface) and a second inner surface of the second barrier sheet (the second barrier sheet 112 has an inner surface); the core is a single polymeric sheet (as modified, the core is “a single tether element 120” paragraph 140; see figure 18B showing that there is only one sheet) having a first side bonded to the first inner surface of the first barrier sheet at a first set of bonds of the plurality of bonds and an opposing second side bonded to the second inner surface of the second barrier sheet at a second set of bonds of the plurality of bonds (see figure 18B annotated below showing the first and second set of bonds); and the second set of bonds is offset from the first set of bonds such that the bonds of the second set alternate with the bonds of the first set along a length of the single polymeric sheet (see figure 18B annotated below; “a single tether element 120 is joined to barrier portions 111 and 112 in various locations and has a zigzagging configuration within chamber 100” paragraph 140).
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Regarding claim 10, Meschter as modified discloses: The cushioning component of claim 9, wherein: the first set of bonds are linear bonds extending continuously from the first edge to the second edge and arranged in a pattern of parallel rows and the second set of bonds are linear bonds extending continuously from the first edge to the second edge and arranged in a pattern of parallel rows (see figure 18B provided with the 35 USC 103 rejection of claim 9 above; both sets of bonds are linear and arranged in patterns of parallel rows; see also figures 13, 14, and 17B showing that the bonds extend continuously from the first edge to the second edge, and Examiner notes that, as modified, the bonded areas would still extend continuously from the medial side to the lateral side of the tether element as shown in figures 13, 14, and 17B, but the tether elements 120 is now formed as a single, zigzagging sheet instead of multiple separate strips).
Regarding claim 19 Meschter as modified discloses: The cushioning component of claim 1, wherein adjacent bonds of the plurality of bonds at the inner surface of the first barrier sheet are spaced apart by a respective one of the unbonded areas and a bond of the plurality of bonds at the inner surface of the second barrier sheet is disposed opposite from the respective one of the unbonded areas (see annotated figure 18B below).
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Regarding claim 20, Meschter as modified discloses: The cushioning component of claim 1, wherein each bond of the plurality of bonds extends continuously from the first edge to the second edge (Examiner notes that, as modified, the bonded areas would still extend continuously from the medial side to the lateral side of the tether element as shown in figures 13, 14, and 17B, but the tether elements 120 is now formed as a single, zigzagging sheet instead of multiple separate strips).
Regarding claim 21, Meschter as modified discloses: The cushioning component of claim 1, wherein the bonds of the plurality of bonds are linear bonds arranged in a pattern of parallel rows (see figure 18B provided with the 35 USC 103 rejection of claim 9 above; Examiner notes that, as modified, the bonded areas would still be linear and extend continuously from the medial side to the lateral side of the tether element in a pattern of parallel rows as shown in figures 13, 14, and 17B, but the tether elements 120 is now formed as a single, zigzagging sheet instead of multiple separate strips).
Regarding claim 22, Meschter discloses: A cushioning component for a wearable article, the cushioning component comprising: a bladder (100) including a first barrier sheet (111) and a second barrier sheet (112) defining an interior cavity between opposing inner surfaces of the first barrier sheet and the second barrier sheet, the first barrier sheet and the second barrier sheet sealed to one another along a peripheral bond (114) to enclose the interior cavity and retain a gas in the interior cavity (chamber 100 is a fluid filled chamber, and paragraph 136 states “any of the manufacturing processes, materials, fluids, fluid pressures, and other features of barrier 40 discussed above may also be utilized for barrier 110” and paragraph 119 describes that the fluid may be a gas, so it is understood that the barrier portions 111 and 112 retain a gas); and a core (120) disposed in the interior cavity and spaced entirely inward of the peripheral bond (see figures 13, 14, and 17B), the core including at least one polymeric sheet (“each of the tether elements 120 are formed from a single element of a two-dimensional material, such as a […] polymer sheet” paragraph 139) traversing the interior cavity between and directly bonded to the opposing inner surfaces of the first barrier sheet and the second barrier sheet at a plurality of bonds to tether the first barrier sheet to the second barrier sheet (“upper end area 121 is secured, bonded, or otherwise joined to upper barrier portion 111, lower end area 122 is secured, bonded, or otherwise joined to lower barrier portion 112” paragraph 139; see figure 14 and 15), the at least one polymeric sheet displaced from the opposing inner surfaces by the gas at unbonded areas of the at least one polymeric sheet (see figure 15 showing that the unbonded areas are spaced apart from the opposing inner surfaces), and the plurality of bonds arranged such that the gas in the interior cavity is in fluid communication around the at least one polymeric sheet without the at least one polymeric sheets creating any sealed chambers within the bladder that are not in fluid communication with the interior cavity (see figures 13, 14, 15, and 17A and 17B, which all show that the tether elements 120 do not create any sealed chambers and allow fluid communication throughout the interior cavity); wherein the bonds of the plurality of bonds are linear bonds arranged in a pattern of parallel rows (see figures 13 and 14 showing the bonds are linear bonds arranged in a pattern of parallel rows).
Because the currently relied upon embodiment of Meschter includes a core that comprises multiple separate tether elements and therefore the core does not appear to have one single outer perimeter that can be defined for the whole core, the currently relied upon embodiment does not explicitly disclose: wherein the core has an outer perimeter.
However, Meschter also teaches “although the structure of chamber 100 discussed above and depicted in the figures provides a suitable example of a configuration that may be utilized in footwear 10, a variety of other configurations may also be utilized” and “referring to FIG. 18B, a single tether element 120 is joined to barrier portions 111 and 112 in various locations and has a zigzagging configuration within chamber 100” (paragraph 140).
Meschter teaches analogous art to the instant application in the field of footwear with bladders. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the tether elements as depicted in figures 13-17B of Meschter from a single tether element that is joined to the barrier portions 111 and 112 in a zigzagging configuration, as taught by Meschter in paragraph 140 and shown in figure 18B, in order to simplify the manufacturing process and reduce the number of parts required, as well as to “enhance the overall stability of footwear 10 during walking, running, or other ambulatory activities” (paragraph 140) due to the angled orientation of the tether elements. Examiner notes that, as modified, the bonded areas would still extend continuously from the medial side to the lateral side of the tether element as shown in figures 13, 14, and 17B, but the tether elements 120 would now be formed as a single, zigzagging sheet instead of multiple separate strips. See exemplary figures 14 and 17A annotated with the 35 USC 103 rejection of claim 1 above to illustrate how a zigzagging shape would appear superimposed on the existing figures for clarity on the orientation and configuration of the bonds from various angles/perspectives, as figure 18B only shows one limited perspective.
Meschter does not explicitly disclose: wherein blocker ink is disposed on the core at the unbonded areas; and wherein blocker ink is disposed on the opposing inner surfaces of the first barrier sheet and the second barrier sheet outward of the outer perimeter of the core and inward of the peripheral bond.
However, Elder teaches a cushioning component (18) comprising a first barrier sheet (32), a second barrier sheet (36), and a core (34). Specifically, Elder also teaches the use of blocker ink (“anti-weld material may be ink-jet printed at all selected locations on the sheets where bonds are not desired […] the stacked, flat polymeric sheets are then heat pressed to create bonds between adjacent sheets on all adjacent sheet surfaces except for where anti-weld material was applied” paragraph 66).
Elder teaches analogous art to the instant application in the field of cushioning components for footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply blocker ink on all locations of the first barrier sheet, second barrier sheet, and core of Meschter where bonds are not desired, as taught by Elder (see paragraph 66 of Elder), in order to ensure that no bonds will be formed at undesired locations and the final bladder will have the desired pattern of bonds. Since the opposing inner surfaces of the first barrier sheet and the second barrier sheet outward of the outer perimeter of the core and inward of the peripheral bond are not bonded (see figure 17A of Meschter annotated above and figure 18B of Meschter showing that the inner surfaces of the barrier sheets are not bonded outward of the outer perimeter of the core and inward of the peripheral bond), the modification to add blocker ink to all areas where bonds are not desired (i.e., all areas that are shown as unbonded in Meschter) would add blocker ink to the claimed areas.
Regarding claim 23, Meschter as modified discloses: The cushioning component of claim 22, wherein: the opposing inner surfaces of the bladder include a first inner surface of the first barrier sheet (the first barrier sheet 111 has an inner surface) and a second inner surface of the second barrier sheet (the second barrier sheet 112 has an inner surface); the core is a single polymeric sheet (as modified, the core is “a single tether element 120” paragraph 140; see figure 18B showing that there is only one sheet) having a first side bonded to the first inner surface of the first barrier sheet at a first set of bonds of the plurality of bonds and an opposing second side bonded to the second inner surface of the second barrier sheet at a second set of bonds of the plurality of bonds (see figure 18B annotated with the 35 USC 103 rejection of claim 9 above showing the first and second set of bonds); and the second set of bonds is offset from the first set of bonds such that the bonds of the second set alternate with the bonds of the first set along a length of the single polymeric sheet (see figure 18B annotated with the 35 USC 103 rejection of claim 9 above; “a single tether element 120 is joined to barrier portions 111 and 112 in various locations and has a zigzagging configuration within chamber 100” paragraph 140).
Regarding claim 24, Meschter as modified discloses: The cushioning component of claim 23, wherein: the first set of bonds are linear bonds extending continuously from a first edge of the core to an opposite second edge of the core, and the second set of bonds are linear bonds extending continuously from the first edge of the core to the opposite second edge of the core (Examiner notes that, as modified, the bonded areas are still lateral and would still extend continuously from the medial side to the lateral side of the tether element as shown in figures 13, 14, and 17B, but the tether elements 120 is now formed as a single, zigzagging sheet instead of multiple separate strips).
Additionally and separately to the rejections presented above, claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davison in view of Meschter and Elder.
Regarding claim 1, Davison discloses: A cushioning component for a wearable article, the cushioning component comprising: a bladder (1300) including a first barrier sheet (1305) and a second barrier sheet (1310) defining an interior cavity between opposing inner surfaces of the first barrier sheet and the second barrier sheet, the first barrier sheet and the second barrier sheet sealed to one another along a peripheral bond to enclose the interior cavity and retain a gas in the interior cavity (paragraph 117 states, “the characteristics of these components may by the same or similar to corresponding components of other embodiments discussed above” and paragraph 100 states “first peripheral barrier layer portion 375 of first chamber barrier layer 155 is joined to second peripheral barrier layer portion 380 of second chamber barrier layer 160” so it is understood that there is a peripheral bond connecting the first and second barrier layer in the embodiment shown in figure 13 as well; “the sole structure may include a chamber filled with pressurized fluid, such as one or more gases” paragraph 50); and a core (1315) disposed in the interior cavity and spaced entirely inward of the peripheral bond (see for example figures 6 and 9 showing how the tensile member is spaced inward of the periphery of the chamber; paragraph 117 states, “the characteristics of these components may by the same or similar to corresponding components of other embodiments discussed above” so it is understood that the tensile member in figure 13 would also be spaced in the same way), the core including at least one sheet (1320, 1325) traversing the interior cavity between and directly bonded to the opposing inner surfaces of the first barrier sheet and the second barrier sheet at a plurality of bonds to tether the first barrier sheet to the second barrier sheet (see figure 13 annotated below; paragraph 117 states, “the characteristics of these components may by the same or similar to corresponding components of other embodiments discussed above” and paragraph 63 states, “tensile member 165 may be bonded to first chamber barrier layer 155 and second chamber barrier layer 160”, so it is understood that the areas in figure 13 that are not covered with bond inhibiting material and forming a bulge are bonded), the at least one sheet displaced from the opposing inner surfaces by the gas at unbonded areas of the at least one polymeric sheet (see figure 13 annotated below; “chamber 1300 may include bond inhibiting material on opposing sides of chamber 1300. By including bond inhibiting material on opposing sides of the chamber, bulges may be provided on both sides. […] first bulge 1340 may define a first void 1345 filled with the pressurized fluid within chamber 1300 […] second bond inhibiting material 1355 may form a second bulge 1360, defining a second void 1365” paragraph 118), and the plurality of bonds arranged such that the gas in the interior cavity is in fluid communication around the at least one polymeric sheet without the at least one polymeric sheets creating any sealed chambers within the bladder that are not in fluid communication with the interior cavity (“the voids within the bulges may be in fluid communication with the remainder of the chamber 150” paragraph 84), wherein the core has an outer perimeter that includes a first edge and a second edge opposite from the first edge (the first edge and second edge can be defined as the toe end and the heel end); wherein each of the unbonded areas extends from the first edge to the second edge (“As shown in FIG. 3, anatomical contours may include, for example, a peripheral bulge 170, which may extend around an outer periphery of first chamber barrier layer 155 of chamber 150” paragraph 67; since the bulge (unbonded areas) extend around the whole outer periphery, the unbonded areas extend from the first edge (toe end) to the second edge (heel end) of the outer perimeter along the medial and lateral sides; see figure 3); wherein blocker ink is disposed on the core at the unbonded areas (“chamber 1300 may include bond inhibiting material on opposing sides of chamber 1300. By including bond inhibiting material on opposing sides of the chamber, bulges may be provided on both sides. This may enable chamber 1300 to be formed with a greater amount of contouring. For example, as shown in FIG. 13, a first bond inhibiting material 1335 may be provided to prevent bonding between first chamber barrier layer 1305 and tensile member 1315. Accordingly, first bond inhibiting material 1335 may form a first bulge 1340. First bulge 1340 may define a first void 1345 filled with the pressurized fluid within chamber 1300. Chamber 1300 may also include a second bond inhibiting material 1355 preventing bonding between second chamber barrier layer 1310 and tensile member 1315. Second bond inhibiting material 1355 may form a second bulge 1360, defining a second void 1365” paragraph 118; see figure 13).
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Davison is silent as to the particular material of the first and second tensile member layers (1320, 1325) and therefore does not explicitly disclose: the core including at least one polymeric sheet.
However, Meschter discloses a tensile member (50) for an fluid filled chamber with a first tensile member layer (51) that is bonded to a first barrier layer of the chamber (“upper plate 51 is secured to an inner surface of upper barrier portion 41” paragraph 116), a second tensile member layer (52) that is bonded to a second barrier layer of the chamber (“lower plate 52 is secured to an inner surface of lower barrier portion 42” paragraph 116), and a plurality of tethers (53) extending therebetween. Meschter further teaches “plates 51 and 52 may be formed from a variety of materials, including various polymer materials” (paragraph 124).
Meschter teaches analogous art to the instant application in the field of fluid filled bladders for footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first and second tensile layers of Davison specifically out of a polymer material, as taught by Meschter, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See MPEP 2144.07. The first and second tensile member layers of Davison are sheets, as shown in figure 13, so as modified to be made of a polymer material, they are polymeric sheets.
Davison as modified does not explicitly disclose: wherein blocker ink is disposed on opposing inner surfaces of the first barrier sheet and the second barrier sheet outward of the outer perimeter of the core and inward of the peripheral bond.
However, Elder teaches a cushioning component (18) comprising a first barrier sheet (32), a second barrier sheet (36), and a core (34). Specifically, Elder also teaches the use of blocker ink (“anti-weld material may be ink-jet printed at all selected locations on the sheets where bonds are not desired […] the stacked, flat polymeric sheets are then heat pressed to create bonds between adjacent sheets on all adjacent sheet surfaces except for where anti-weld material was applied” paragraph 66).
Elder teaches analogous art to the instant application in the field of cushioning components for footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to apply blocker ink on all locations of the first barrier sheet, second barrier sheet, and core of Davison where bonds are not desired, as taught by Elder (see paragraph 66 of Elder), in order to ensure that no bonds will be formed at undesired locations and the final bladder will have the desired pattern of bonds. Since the opposing inner surfaces of the first barrier sheet and the second barrier sheet outward of the outer perimeter of the core and inward of the peripheral bond are not bonded (see figures 9 and 10 of Davison showing that the inner surfaces of the barrier sheets are not bonded outward of the outer perimeter of the core and inward of the peripheral bond), the modification to add blocker ink to all areas where bonds are not desired (i.e., all areas that are shown as unbonded in Davison) would add blocker ink to the claimed areas.
Regarding claim 3, Davison as modified discloses: The cushioning component of claim 1, wherein the core lays flat within the bladder with the unbonded areas contacting the opposing inner surfaces when the interior cavity of the bladder is uninflated (Davison, see figures 8 and 9 showing the core within the bladder and the unbonded areas (areas with the bond inhibiting material 330) contacting the inner surface when the bladder is uninflated; note that paragraph 117 states, “the characteristics of these components may by the same or similar to corresponding components of other embodiments discussed above” so it is understood that the production of the bladder in figure 13 would be done the same way).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIANNA T DUCKWORTH whose telephone number is (571)272-1458. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/BRIANNA T. DUCKWORTH/Examiner, Art Unit 3732
/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732