Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
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.
Claim 8 is 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.
In claim 8 the phrase “the knit textile” lacks antecedent basis rendering the claim vague and indefinite.
Claim Rejections - 35 USC § 102
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 9-12, 14, and 19-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pratt (2017/0303632).
Pratt shows A footwear article capable of hands-free donning, comprising:
a sole (120, and paragraph [0036]);
an upper (see figures 1A, 5, and 6A-6C) coupled to the sole, the upper having an ankle region, a heel region, a foot-insertion opening, and an ankle collar (see figures) defining and disposed about the foot- insertion opening in the ankle region, the ankle collar movable between a first state (figure 6A) and a second state (figure 6B) during donning of the footwear article, wherein the ankle collar is more rearwardly deflected in the second state as compared to the first state (see figures 6A-6C);
a heel structure (110) operable to return the ankle collar from the second state to the first state after donning (see figure 6F), wherein the heel structure is formed from a material (see paragraph [0051] and as is inherent in the functional description in paragraphs [0030]-[0033]) having a greater stiffness than the upper in at least the heel region, the heel structure comprising a collar elevator collar elevator comprised of: a first lever arm (130) having a proximal end and a distal end, and a second lever (130) arm having a proximal end and a distal end, wherein the first lever arm distal end and the second lever arm distal end are discontiguous (see figures 4A and 4B and paragraph [0035] and [0043]3); and
a collar stay (140) having a first end on a medial side of the upper and a second end on a lateral side of the upper, the collar stay extending around a heel end of the upper at the ankle collar (see figures 4A, 4B and 6A-6C);
wherein the foot-insertion opening defines a first circumference when the heel structure is in the first state, and wherein the heel structure expands the foot- insertion opening to a second ovular circumference when the heel structure is in the second state, such that the second circumference is at least about five percent larger than the first circumference (see paragraphs [0030]-[0031]) as claimed.
In reference to claims 2 and 3, see top angled surface of the rear portion of the opening/collar of the shoe which is considered to provide an enhanced entry (see figures 6A and 6B and paragraph [0056]).
In reference to claims 4 and 23, see paragraph [0053].
In reference to claim 5, see figure 3C.
In reference to claims 9 and 10, see paragraphs [0035] and [0053].
In reference to claims 11 and 12, see base elements 120, 180 or 125.
In reference to claim 14, see figures 6A-6C.
In reference to claim 19, see figures 4A and 4B.
In reference to claim 20, it is noted that if one were to consider the ends of the arms which connect to the sole to be “distal ends” , the “distal ends” of the arms do not overlap the collar stay and are greater than the width of the collar stay (see figure 3C).
In reference to claims 21 and 22, see paragraphs [0062]-[0063] and [0055].
In reference to claim 24, see material at 142.
In reference to claim 25, see figure 6A.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pratt in view of Hayashi (3583081).
Pratt shows footwear substantially as claimed except for the material for the upper. Hayashi teaches the use of a synthetic knit material (see column 2 lines 42-59). It would have been obvious to use synthetic knit material as taught by Hayashi in the footwear of Pratt to provide a comfortable, elastic footwear.
The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
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/MARIE D BAYS/Primary Examiner, Art Unit 3732
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