Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Applicant’s amendment filed on 12/8/2025 has been received; Claims 1-20 are pending.
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.
Claims 1-20 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Sokolowski (US 2008/0110049).
Regarding Claim 1, Sokolowski discloses an article of footwear (Figure 1-8C) a sole structure (20) and an upper (30), the upper comprising :a knitted component (40, 50 & 60, Para. 47) comprising at least a forefoot region (most of 11-13), a curved region (curved region, see annotated Figure 7 below) in the forefoot region, and a common area (common area, see annotated Figure 3 below) in a throat (61), wherein the curved region comprises a plurality of knit courses that radiate from the common area (Para. 47 & Figures 3 & 7)
and wherein the curved region comprises a plurality of tapered segments (taper, see annotated Figures 3 & 7), wherein each tapered segment comprises a plurality of wales (Para. 47-49, knits comprise of wales and courses), wherein the plurality of wales in a first tapered segment of the plurality of tapered segments are angled relative to the plurality of wales in a second tapered segment of the plurality of tapered segments (Figures 3 & 7, Para. 47-49);
wherein the first tapered segment is adjacent to the second tapered segment (taper, see annotated Figures 3 & 7), wherein the first tapered segment comprises a first plurality of parallel courses (Para. 47-49, knits comprise of wales and courses) and the second tapered segment comprises a second plurality of parallel courses (Para. 47-49, knits comprise of wales and courses), and wherein the first plurality of parallel courses are obliquely angled relative to the second plurality of parallel courses (taper, see annotated Figures 3 & 7).
Regarding Claim 2, Sokolowski discloses at least some long sides of the plurality of tapered segments of the curved region are integrally knit and joined together at one or more visual boundaries (taper, see annotated Figures 3 & 7, Para. 47-49).
Regarding Claim 3, Sokolowski discloses the plurality of tapered segments each comprise a plurality of courses that vary in length and taper towards the common area (taper, see annotated Figures 3 & 7).
Regarding Claim 4, Sokolowski discloses the knitted component includes one or more inlaid strands (33).
Regarding Claim 5, Sokolowski discloses each tapered segment of the plurality of tapered segments comprises a short side and a plurality of long sides, wherein each short side is contiguous with each other (Figures 3 & 7, Para. 47-49).
Regarding Claim 6, Sokolowski discloses the knitted component includes a first knit layer (40 & 50, in Figure 4B) and a second knit layer (44 & 54, in Figure 4B), wherein the one or more inlaid strands extend within a passage formed between the first knit layer and the second knit layer (Figure 4B).
Regarding Claim 7, Sokolowski discloses the forefoot region comprises a plurality of openings located adjacent to the sole structure in the forefoot region (62, 44, 54, in Figure 8A).
Regarding Claim 8, Sokolowski discloses a heel region formed with three-dimensional curvature and a convex outer surface (Figure 3, 7 & 8).
Regarding Claim 9, Sokolowski discloses the heel region (13) comprises at least two tapered areas (66a & 66b), wherein the at least two tapered areas comprise boundaries that taper in the transverse direction extending between a medial side and a lateral side of the article of footwear (Figures 1-3 & 7).
Regarding Claim 10, Sokolowski discloses the at least two tapered areas in the heel portion each comprises a plurality of courses that vary in length (Para. 47, due to the mere construction of knit fabric; the courses would vary in length).
Regarding Claim 11, Sokolowski discloses the knitted component includes a second plurality of knit courses extending in a different direction than the plurality of knit courses in the curved region (Figures 1-8A).
Regarding Claim 12, Sokolowski discloses wherein the short side of each of the plurality of tapered segments comprise at least a portion of a terminal edge of the knitted component (Figures 3 & 7).
Regarding Claim 13, Sokolowski discloses an upper (30) comprising: a knitted component (40, 50 & 60, Para. 47) having a forefoot region (most of 11-13), a curved region (curved region, see annotated Figure 7 below) in the forefoot region, and a common region (common area, see annotated Figure 3 below) in a throat (61), wherein the curved region includes a plurality of tapered areas as the courses approach the common region (taper, see annotated Figures 3 & 7), wherein each tapered area includes courses with stitches dropped in successive courses (Para. 47, due to the mere construction of knit fabric; the courses would drop during knitting), wherein each tapered area comprises a plurality of wales (Para. 47-49), wherein the plurality of wales in a first tapered area of the plurality of tapered areas are angled relative to the plurality of wales in a second tapered area of the plurality of tapered areas (Figures 3 & 7, Para. 47-49); wherein a longitudinal orientation of a first course in the first tapered area is obliquely angled relative to a longitudinal orientation of a second course in the second tapered area (taper, see annotated Figures 3 & 7), and wherein the second course is adjacent to the first course (Figures 3 & 7, Para. 47-49).
Regarding Claim 14, Sokolowski discloses the plurality of tapered areas are integrally knit together at one or more visual boundaries (Figures 3 & 7).
Regarding Claim 15, Sokolowski discloses the knitted component includes one or more inlaid strands (33).
Regarding Claim 16, Sokolowski discloses the one or more inlaid strands are at least partially fused to one or more other yarns in the knitted component via a thermoplastic material (Para. 50-51, “filaments that are each formed of two or more different materials”).
Regarding Claim 17, Sokolowski discloses the one or more inlaid strands each extend within a passage (Figure 4B) formed between a first layer of knitted material (40 & 50, in Figure 4B) and a second layer of knitted material of the knitted component (44 & 54, in Figure 4B).
Regarding Claim 18, Sokolowski discloses a heel portion (13) having at least two tapered areas (66a & 66b) wherein the at least two tapered areas comprise boundaries that taper in a transverse direction extending between a medial side and a lateral side of the uppers (Figures 1-3 & 7), wherein the heel portion is formed with three-dimensional curvature and a convex outer surface (Figure 3, 7 & 8).
Regarding Claim 19, Sokolowski discloses the knitted component comprises a thermoplastic material (Para. 50-51).
Regarding Claim 20, Sokolowski discloses the curved region forms at least part of the forefoot region of the upper (Figures 1-3 & 7) wherein the forefoot region comprises a plurality of openings at a toe region of the forefoot region (62, 44, 54, in Figure 8A).
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Response to Arguments
Applicant's arguments filed 12/8/2025 have been fully considered but they are not persuasive.
Applicant Remarks: Applicant asserts Sokolowski does not specifically disclose courses that radiate, wales, courses, oblique nor parallel.
Examiner respectfully disagrees. It is noted Sokolowski clearly discloses knit fabric. The structure of knit fabric comprises courses and wales. Warp knit fabric and weft knit fabric have different constructions; however, they still comprise courses and wales. Also, it is noted that the structure of courses and wales do radiate, are parallel and oblique. Furthermore due to the structure of each course and wale, the structure of the courses and wales of the knit fabric itself, have courses which radiate, are oblique and parallel.
The law of anticipation does not require that the reference teach what the appellant is claiming but only that the claims on appeal “read on” something disclosed in the reference. See Kalman v. Kimberly Clark Corp., 713 F.2d 760, 218 USPQ 781 (Fed. Cir. 1983). Where functional limitations are recited for the structure set forth in the claim, the reference must also include structure which is capable of performing the recited function in order for the reference to be properly anticipatory. See In re Mott, 557 F.2d 266, 194 USPQ 305 (CCPA 1977).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732