Prosecution Insights
Last updated: April 19, 2026
Application No. 18/573,367

A Footwear Manufacturing Robot System

Non-Final OA §103§112
Filed
Dec 21, 2023
Examiner
CAIN, ZACHARY ANDREW
Art Unit
2116
Tech Center
2100 — Computer Architecture & Software
Assignee
Ecco Sko A/S
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
11 granted / 14 resolved
+23.6% vs TC avg
Strong +43% interview lift
Without
With
+42.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
37 currently pending
Career history
51
Total Applications
across all art units

Statute-Specific Performance

§101
14.7%
-25.3% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
14.2%
-25.8% vs TC avg
§112
19.4%
-20.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 14 resolved cases

Office Action

§103 §112
DETAILED ACTION Claims 1-4, 7-10, 12, 14, 18-19, 21, 26, 28, 41, 43, 57, 61 and 145 are presented for examination. This office action is response to the submission on 12/21/2023. 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/21/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings filed on 12/21/2023 are acceptable for examination proceedings. 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 28 recites the limitation "said different series of footwear manufacturing instructions" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, examiner interprets claim 28 to be dependent on claim 19, which introduces “different series of footwear manufacturing instructions” in line 3. 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. Claims 1-4, 7, 9, 12, 14, 18-19, 21, 26, 28, 41, 43, 57, 61 and 145 are rejected under 35 U.S.C. 103 as being unpatentable over Jurkovic et al. (US20180129185A1), in view of Iwashita et al. (US20210315324A1). Claim 1: Jurkovic teaches “A footwear manufacturing robot system comprising: an automated footwear manufacturing robot;” (Jurkovic teaches that system 110 which includes automated manufacturing apparatuses i.e. automated footwear manufacturing robot may be a station within the larger system 10 of Fig. 1 in Jurkovic [0086] "Referring now to FIG. 2, a depiction is provided of a system 110 in which various shoe-manufacturing processes may be performed. System 110 is comprised of various automated manufacturing apparatuses and tools, which may function to, among other things, position and assemble shoe parts. For example, shoe parts 112 and 114 may be transferred by shoe-manufacturing apparatus 116 and assembled. Whereas FIG. 1 depicts multiple shoe-manufacturing apparatuses 16 a-c, FIG. 2 depicts a single shoe manufacturing apparatus 116. As such, system 110 of FIG. 2 may be a station within a larger system 10 of FIG. 1. For example, shoe-manufacturing apparatus 116 of FIG. 2 may perform functions of shoe manufacturing apparatus 16 a depicted in FIG. 1” [AltContent: rect] PNG media_image1.png 797 707 media_image1.png Greyscale ), “a robot controller configured to control said automated footwear manufacturing robot;” (Jurkovic teaches a computing device 136 that may interact with components of system 110 in Jurkovic [0104] "In an exemplary aspect, an image recorded by part-recognition system is communicated to computing device 136. Computing device 136 may help execute various operations, such as by analyzing images and providing instructions to shoe-manufacturing equipment. Computing device 136 may be a single device or multiple devices, and may be physically integral with the rest of system 110 or may be physically distinct from other components of system. Computing device 136 may interact with one or more components of system 110 using any media and/or protocol. Computing device 136 may be located proximate to or distant from other components of system 110."; Jurkovic teaches that computing device 136 may use image-derived information to instruct shoe-manufacturing apparatus 116 i.e. the robot in Jurkovic [0106] "In a further aspect, computing device 136 may use the image-derived information to instruct shoe-manufacturing apparatus 116, such as by notifying shoe-manufacturing apparatus 116 of a part orientation relative to the 2-D coordinate system 132 and of a new part orientation to which the shoe part should be transferred. For example, in system 110, shoe-manufacturing apparatus 116 may attach part 115 to part 113, both parts being depicted in a broken-line view. That is, part 112 and part 113 may be the same part that is depicted at two different positions in system 110, and part 114 and part 115 may be the same part that is depicted at two different positions in system 110." [AltContent: rect] PNG media_image2.png 813 716 media_image2.png Greyscale ), “a robot instructions (Jurkovic teaches a method carried out when computing device 136 executes instructions on a storage media i.e. the robot instructions are stored on a computer storage media in Jurkovic [0109] "Referring now to FIG. 4, a flow diagram depicts a method 410 of manufacturing a shoe part in an automated manner that may be carried out in system 110. In describing FIG. 4, reference is also be made to FIG. 2. In addition, method 410, or at least a portion thereof, may be carried out when a computing device (e.g., 136) executes a set of computer-executable instructions stored on computer storage media."; Jurkovic teaches shoe part 114 being retrieved by apparatus 116 i.e. the robot instructions are executed in Jurkovic [0111] "Method 410 may also comprise at step 414, retrieving a second shoe part from a second manufacturing station, wherein the part-recognition system determines a second identity of the second shoe part and determines a second orientation of the second shoe part respective to the 2-D geometric coordinate system. For example, shoe part 114 may be retrieved by apparatus 116 either after an image of part 114 is recorded (e.g., by using camera 134 a or 134 b) or before an image of part 114 is recorded (e.g., by using camera 134 c when apparatus 116 positions part 114 in a field of view of camera 134 c). In either scenario, the image may be analyzed to determine a part identify of part 114 and a part orientation of part 114."; [AltContent: rect] PNG media_image3.png 632 705 media_image3.png Greyscale ), “a system controller communicatively coupled to said robot instructions (Jurkovic teaches computing device 136 providing instructions to shoe-manufacturing apparatus 116 i.e. computing device 136 may be the system controller communicatively coupled to the robot instructions stored on computer storage media and it may communicate the instructions to the robot controller in Jurkovic [0106] "In a further aspect, computing device 136 may use the image-derived information to instruct shoe-manufacturing apparatus 116, such as by notifying shoe-manufacturing apparatus 116 of a part orientation relative to the 2-D coordinate system 132 and of a new part orientation to which the shoe part should be transferred. For example, in system 110, shoe-manufacturing apparatus 116 may attach part 115 to part 113, both parts being depicted in a broken-line view. That is, part 112 and part 113 may be the same part that is depicted at two different positions in system 110, and part 114 and part 115 may be the same part that is depicted at two different positions in system 110."), “wherein said automated footwear manufacturing robot is configured to manufacture different footwear assemblies at least partially, each of said different footwear assemblies associated with footwear assembly identification information,” (Jurkovic teaches that computing device 136 may determine an identity of part 112/113 and it may determine an attachment point where part 114/115 is to be attached to part 112/113 i.e. it manufactures different footwear assemblies and identifies the assemblies in Jurkovic [0107] "Accordingly, computing device 136 may first determine an identity of part 112/113 and an orientation of part 112/113 at station 118. Based on the identity of part 112/113 and the orientation of part 112/113 at station 118, computing device 136 may determine an orientation 142 in the 2-D geometric coordinate system to which part 114/115 may be transferred. Moreover, computing device 136 may determine an attachment point at which part 114/115 is to be attached to part 112/113 by part-attachment tool 130. In addition, FIG. 2 illustrates that a rotation of part 114 may be different than a rotation of part 115, thereby depicting that the third orientation may comprise an amount of rotation in addition to a geometric coordinate."), “wherein said system controller and/or said robot controller is configured to select an elected manufacturing instruction of said plurality of robot manufacturing instructions based on said footwear assembly identification information, and wherein said robot controller is configured to automatically execute said elected manufacturing instruction to operate said automated footwear manufacturing robot.” (Jurkovic teaches shoe manufacturing apparatuses 16a-c carrying out automated steps based on identity information communicated to them in Jurkovic [0061] "Moreover, shoe-manufacturing apparatuses 16 a-c, as well as tools that may be incorporated therein, may manipulate and act on shoe parts in an automated manner. For example, shoe-manufacturing apparatuses 16 a-c may carry out automated steps based on information that is communicated to apparatuses 16 a-c and that described characteristics (e.g., identity, position, rotation, etc.) of the shoe parts."; Jurkovic teaches that shoe manufacturing 116 of Fig. 2 may perform functions of apparatus 16a in Fig. 1 in Jurkovic [0086] "Referring now to FIG. 2, a depiction is provided of a system 110 in which various shoe-manufacturing processes may be performed. System 110 is comprised of various automated manufacturing apparatuses and tools, which may function to, among other things, position and assemble shoe parts. For example, shoe parts 112 and 114 may be transferred by shoe-manufacturing apparatus 116 and assembled. Whereas FIG. 1 depicts multiple shoe-manufacturing apparatuses 16 a-c, FIG. 2 depicts a single shoe manufacturing apparatus 116. As such, system 110 of FIG. 2 may be a station within a larger system 10 of FIG. 1. For example, shoe-manufacturing apparatus 116 of FIG. 2 may perform functions of shoe manufacturing apparatus 16 a depicted in FIG. 1."). Jurkovic does not appear to explicitly teach “a robot instructions database comprising a plurality of robot manufacturing instructions; and a system controller communicatively coupled to said robot instructions database and said robot controller,” However, Iwashita does teach this claim limitation (Iwashita teaches a boundary database 6106 comprising defined movement path associated with the shoe information i.e. a footwear instructions database in Iwashita [0053] "When control device 60 identifies the boundary of upper 11 of master model M based on three-dimensional shape data acquired by camera 20 a, control device 60 stores information about the identified boundary in boundary database 6106. FIG. 5 illustrates contents of the information stored in boundary database 6106. In the example shown in FIG. 5, the information about the boundary and the information about the movement path that are associated with the information about shoe type (model), part type, shoe size, shoe width, and distinction between right shoe and left shoe are stored in boundary database 6106. For example, when three-dimensional shape data acquired by camera 20 a is data of master model M of shoe type “SH1,” control device 60 stores information about the part type “upper,” the shoe size “25.0 cm,” the shoe width “EE” and “right” as distinction between right and left, together with the information about the shoe type “SH1,” and stores information about the identified boundary “AAA” and information about the defined movement path “aaa” associated with the above-described information."; Iwashita teaches that control device 60 controls operations of the robot arm 40 in Iwashita [0041] "PLC 50 controls respective operations of applicator 30, robot arm 40, and belt conveyor 70, based on a control signal from control device 60. In the present embodiment, PLC 50 is provided separately from control device 60, and PLC 50 controls applicator 30, robot arm 40, and belt conveyor 70. Alternatively, control device 60 may directly control respective operations of robot arm 40 and belt conveyor 70. PLC 50, together with control device 60, implements functions as a controller of shoe manufacturing system 100."; Iwashita Fig. 2 teaches the boundary database 6106 being in communication with the processor 602 of control device 60 i.e. system controller; Iwashita Fig. 1 teaches the control device 60 being in communication with the PLC 50 i.e. robot controller [AltContent: rect] PNG media_image4.png 815 492 media_image4.png Greyscale [AltContent: rect] PNG media_image5.png 406 597 media_image5.png Greyscale ). Jurkovic and Iwashita are analogous art because they are from the same field of endeavor of shoe manufacturing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Jurkovic and Iwashita before him/her, to modify the teachings of an Automated manufacturing of shoe parts with a pickup tool of Jurkovic to include the boundary database of Iwashita because adding the Shoe manufacturing system of Iwashita would enable reduction of labor for identifying the boundary of shoe parts as described in Iwashita [0011] " According to an aspect of the present disclosure, the boundary of the to-be-bonded surface is identified for defining the area of the to-be-bonded surface to be processed, based on the three-dimensional shape data of the master model, and each of the first shoe parts is processed, which enables reduction of the labor required for identifying the boundary of each of the first shoe parts.” Claim 2: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said system controller and/or said robot controller is configured to select said elected manufacturing instruction of said plurality of robot manufacturing instructions based on said footwear assembly identification information of a target footwear assembly of said different footwear assemblies.” (Jurkovic teaches shoe manufacturing apparatuses 16a-c carrying out automated steps based on identity information communicated to them i.e. the identification information of a target footwear assembly determines the manufacturing instructions in Jurkovic [0061] "Moreover, shoe-manufacturing apparatuses 16 a-c, as well as tools that may be incorporated therein, may manipulate and act on shoe parts in an automated manner. For example, shoe-manufacturing apparatuses 16 a-c may carry out automated steps based on information that is communicated to apparatuses 16 a-c and that described characteristics (e.g., identity, position, rotation, etc.) of the shoe parts."). Claim 3: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 2, wherein said robot controller is configured to automatically execute said elected manufacturing instruction to operate said automated footwear manufacturing robot to at least partially manufacture said target footwear assembly.” (Jurkovic teaches the apparatus attaching the second shoe part to the first shoe part after identifying it i.e. it at least partially manufactures it in Jurkovic [0112] "At step 416, the part-manufacturing apparatus may be used to transfer the second shoe part (e.g., part 114 that is also represented in broken lines as part 115) from the second orientation to a third orientation, which is determined based on the first orientation and the first identity. That is, as described above, once part 113 has been identified and located, part-recognition system may determine an orientation (e.g., 142) to which part 115 should be placed. Furthermore, at step 418, the part-manufacturing apparatus (e.g., 116), which transferred the second part, may be used to attach the second shoe part to the first shoe part."). Claim 4: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said footwear manufacturing robot system further comprises a footwear manufacturing line for conveying said different footwear assemblies between a plurality of manufacturing locations, wherein said automated footwear manufacturing robot is located at a robot manufacturing location of said plurality of manufacturing locations.” (Jurkovic teaches multiple apparatuses 16a-c i.e. robots in operating areas 32a-c i.e. manufacturing locations in Jurkovic [0061] "Shoe-manufacturing apparatuses 16 a-c may be comprised of various components or tools that are used to carry out various shoe-manufacturing steps, such as picking up, transferring, positioning, placing, attaching, spraying, cutting, coloring, printing, etc. FIG. 1 depicts circles 32 a-c that represent exemplary operating areas in which shoe-manufacturing apparatuses 16 a-c may move and carry out various functions. Moreover, shoe-manufacturing apparatuses 16 a-c, as well as tools that may be incorporated therein, may manipulate and act on shoe parts in an automated manner. For example, shoe-manufacturing apparatuses 16 a-c may carry out automated steps based on information that is communicated to apparatuses 16 a-c and that described characteristics (e.g., identity, position, rotation, etc.) of the shoe parts. Moreover, the term “shoe-manufacturing apparatus” describes an apparatus that may manufacture shoes, shoe parts, or a combination thereof. As such, the terms “shoe-manufacturing apparatus,” “shoe-part-manufacturing apparatus,” and “part-manufacturing apparatus” may be used interchangeably throughout this disclosure and the claims that follow."; Jurkovic teaches that part-support surfaces 18a-d may be conveyors to transfer shoe parts from one position to a next in Jurkovic [0076] "Part-support surfaces 18 a-d may be comprised of various non-moving surfaces, such as tables or workbenches. As such, parts 12 a-e may be manually transferred from one position to the next to be sequentially acted upon by part-manufacturing apparatuses. In addition, part-support surfaces 18 a-d may be comprised of a series of movable surfaces, such as conveyors that transfer shoe parts from one position to a next in an automated manner. The rectangular path of surfaces 18 a-d depicted in FIG. 1 is merely exemplary, and surfaces 18 a-d may be arranged in any configuration, which may be comprised of more or fewer surfaces."). Claim 7: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 4, wherein said system controller and optionally also said robot controller is further configured to route said target footwear assembly to said robot manufacturing location to establish at least a part of a target assembly route upon selecting said elected manufacturing instruction.” (Jurkovic teaches that stations 20a-i may move parts into a pickup zone 29 within operating area 32a-c i.e. manufacturing location and that information describing the part may be passed along with the part in Jurkovic [0059] "Alternatively, stations 20 a-i may be comprised of feeding apparatuses (e.g., conveyors) that move parts, which are loaded from part-supply station 27, into a part-pickup zone (e.g., 29), from which parts are either manually or automatically transferred. If information that describes a part has been recorded, such as an identity, size, and orientation, this information may be passed along with the part as it travels from one position to the next within system 10. For example, if a part-feeding station is comprised of a conveyor system, a known movement pattern of the conveyor system may be combined with an initial position of a shoe part (e.g., as determined by an automatic cutting tool) to determine a subsequent position to which the part has been moved by the conveyor system."; Jurkovic teaches that shoe part 12c represents shoe part 12b after it was assembled with 14b-e and that part 12c is transferred to subsequent stations i.e. after identifying the part, it determines how to route the part in Jurkovic [0085] "Once assembled, shoe part 12 b may be transferred by surface 18 a-d to another position near shoe-manufacturing apparatus 16 b. As such, part-recognition system may determine an identity of part 12 b and an orientation and location of part 12 b within area 32 b. Based on the identity, location, and orientation, respective placement positions and respective attachment positions of other shoe parts 14 b-e may be determined. The part-recognition system may determine an identity and orientation of parts 14 b-e. Parts 14 b-e may then be sequentially picked up by tool 24 b, sequentially transferred to the respective placement positions, and sequentially attached at the respective attachment positions by tool 30 b. Part 12 c provides an exemplary illustration of part parts 12 b and 14 b-e assembled into a shoe part. Shoe part 12 c may be transferred to subsequent stations (e.g., near shoe-manufacturing apparatus 16 c) to be manipulated and assembled to together with additional parts (e.g., 14 g and 14 h). For example, shoe part 12 e provides an exemplary illustration of an assembly including parts similar to 12 a and 14 a-h."). Claim 9: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 7, wherein said target assembly route passes one or more other footwear manufacturing robots.” (Jurkovic teaches that shoe part 12c represents shoe part 12b after it was assembled with 14b-e and that part 12c is transferred to subsequent stations i.e. the shoe part route passes one or more other footwear manufacturing robots in Jurkovic [0085] "Once assembled, shoe part 12 b may be transferred by surface 18 a-d to another position near shoe-manufacturing apparatus 16 b. As such, part-recognition system may determine an identity of part 12 b and an orientation and location of part 12 b within area 32 b. Based on the identity, location, and orientation, respective placement positions and respective attachment positions of other shoe parts 14 b-e may be determined. The part-recognition system may determine an identity and orientation of parts 14 b-e. Parts 14 b-e may then be sequentially picked up by tool 24 b, sequentially transferred to the respective placement positions, and sequentially attached at the respective attachment positions by tool 30 b. Part 12 c provides an exemplary illustration of part parts 12 b and 14 b-e assembled into a shoe part. Shoe part 12 c may be transferred to subsequent stations (e.g., near shoe-manufacturing apparatus 16 c) to be manipulated and assembled to together with additional parts (e.g., 14 g and 14 h). For example, shoe part 12 e provides an exemplary illustration of an assembly including parts similar to 12 a and 14 a-h."). Claim 12: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said system controller and/or said robot controller is configured to select a new elected manufacturing instruction of said plurality of robot manufacturing instructions after reading an idle signal.” (Jurkovic teaches that system 2 may be instructed to process a certain number of a type of part and after that number is processed, an apparatus that operates at intersection 7 may be reconfigured to operate on a different type i.e. after an apparatus completes the current instructions, the system determines that and selects new instructions in Jurkovic [0037] "System 2 is comprised of various modular stations and components that may be moved from one position to another to perform the same or different tasks. For example, a certain modular component (e.g., pickup tool or part-moving apparatus) that operates at arrow 3 to process an upper part of a shoe upper may be interchangeable with a component that operates at arrow 4 or at arrow 6. Moreover, the various modular stations that comprise system 2 may be replaced or modified based on a particular type of shoe part on which the station is operating. For example, a shoe-part-manufacturing apparatus that operates at intersection 7 may be configured to process a certain type or style of shoe upper part, and the system 2 may be instructed to process a certain number of that type or style (e.g., 1000 units). However, after the certain number of parts is processed, the shoe-part-manufacturing apparatus that operates at intersection 7 may be reconfigured or modified to operate on a different style or type. Moreover, specific stations (i.e., arrows) may be added, subtracted, powered up, or powered down based on a certain style or type of shoe that is being manufactured. For example, although arrow 3 may be utilized when processing one type of shoe part, arrow 3 may be powered down or removed when system 2 is processing a different type of shoe part." [AltContent: rect] PNG media_image6.png 912 733 media_image6.png Greyscale ). Claim 14: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said footwear manufacturing robot system further comprises an assembly identification receiver for receiving input from said target footwear assembly to link said target footwear assembly to said footwear assembly identification information.” (Jurkovic teaches that system 110 comprises a part-recognition system in order to determine a part's identity which may be used to in struct shoe-manufacturing devices i.e. the identity is linked to the footwear assembly in Jurkovic [0100] "System 110 may also be comprised of a part-recognition system, which analyzes an image or scan of a shoe part to determine various characteristics of the shoe part. For example, the part-recognition system may analyze an image to determine a part's size, shape, color, thickness, identity, compliance with quality-control measures, position, rotation, distance from other parts, etc. Moreover, the part-recognition system may be used to instruct other shoe-manufacturing devices (e.g., 116) regarding a manner in which a part should be manipulated in a manufacturing process, such as by attaching the part to another part, rotating, cutting, buffing, coloring, printing, spraying, customizing, molding, etc. In an exemplary aspect, the part-recognition system may be used to determine an identity of a shoe part (e.g., 112 and/or 114), which is positioned at a manufacturing station (e.g., 118, 120, and/or 122), and to determine an orientation (e.g., geometric position and amount of rotation) of the shoe part within a dimensional coordinate system (two-dimensional (2-D) coordinate system and/or three-dimensional (3-D) coordinate system), which is identified by axes 132."). Claim 18: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said footwear assembly identification information is associated with a series of footwear manufacturing instructions of said target footwear assembly.” (Jurkovic teaches that after determining the identity of a part, the apparatus may place the first part in an orientation according to the identity and attach the second shoe part to the first part i.e. a series of footwear manufacturing instructions in Jurkovic [0112] "At step 416, the part-manufacturing apparatus may be used to transfer the second shoe part (e.g., part 114 that is also represented in broken lines as part 115) from the second orientation to a third orientation, which is determined based on the first orientation and the first identity. That is, as described above, once part 113 has been identified and located, part-recognition system may determine an orientation (e.g., 142) to which part 115 should be placed. Furthermore, at step 418, the part-manufacturing apparatus (e.g., 116), which transferred the second part, may be used to attach the second shoe part to the first shoe part."). Claim 19: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein each of said different footwear assemblies are respectively associated with different series of footwear manufacturing instructions.” (Jurkovic teaches that each shoe-part representation 1232 may be compared to shoe-part references 1234-1236 to determine the identity of the shoe-part representation and that reference features may be used when assembling a respective shoe part into a shoe i.e. each shoe part has different instructions in Jurkovic [0156-0157] "An identity of a boundary of the 2-D representation 1232 may be recognized using various techniques. For example, shoe-part representation 1232 may be compared to various known or model shoe-part references 1234-1236, which are stored in shoe-part datastore 1220 in order to determine the identity of the shoe-part representation 1232. Shoe-part datastore 1220 stores information 1238, which is shown in an exploded view 240 for illustrative purposes. As an example, exploded view 1240 depicts a plurality of known shoe-part references 1234-1236 that may be used to recognize the identity of the 2-D representation 1232. Shoe-part references 1234-1236 may be associated with pre-determined reference features (e.g., 1242 and 1244) as outlined above with respect to FIG. 10, which may be used when assembling a respective shoe part into a shoe. Such reference features may be pre-determined based on various factors, such as a known position of a shoe part among an assembly of shoe parts. For example, when incorporated into a shoe, shoe part 1224 is assembled at a position with respect to shoe part 1226. As such, this position may be measured and used to instruct shoe-manufacturing equipment on positioning and attachment of shoe part 1224." [AltContent: rect] PNG media_image7.png 956 745 media_image7.png Greyscale ). Claim 21: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 18, wherein said system controller is configured to identify said series of footwear manufacturing instructions associated with said target footwear assembly based on said footwear assembly identification information.” (Jurkovic teaches that after determining the identity of a part, the apparatus may place the first part in an orientation according to the identity and attach the second shoe part to the first part i.e. it identifies instructions associated with the assembly based on the identification information in Jurkovic [0112] "At step 416, the part-manufacturing apparatus may be used to transfer the second shoe part (e.g., part 114 that is also represented in broken lines as part 115) from the second orientation to a third orientation, which is determined based on the first orientation and the first identity. That is, as described above, once part 113 has been identified and located, part-recognition system may determine an orientation (e.g., 142) to which part 115 should be placed. Furthermore, at step 418, the part-manufacturing apparatus (e.g., 116), which transferred the second part, may be used to attach the second shoe part to the first shoe part."). Claim 26: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 18, wherein said system controller and/or said robot controller is configured to compare said plurality of robot manufacturing instructions with said series of footwear manufacturing instructions to select said elected manufacturing instruction.” (Jurkovic teaches shoe manufacturing apparatuses 16a-c carrying out automated steps based on identity information communicated to them i.e. it determines what instructions to provide to the apparatus based on the identity of the part in Jurkovic [0061] "Moreover, shoe-manufacturing apparatuses 16 a-c, as well as tools that may be incorporated therein, may manipulate and act on shoe parts in an automated manner. For example, shoe-manufacturing apparatuses 16 a-c may carry out automated steps based on information that is communicated to apparatuses 16 a-c and that described characteristics (e.g., identity, position, rotation, etc.) of the shoe parts."; Jurkovic teaches the identity of part 12b may be used to determine attachment positions of other parts i.e. it compares the identity of the part with the robot instructions to determine the manufacturing instructions in Jurkovic [0085] "Once assembled, shoe part 12 b may be transferred by surface 18 a-d to another position near shoe-manufacturing apparatus 16 b. As such, part-recognition system may determine an identity of part 12 b and an orientation and location of part 12 b within area 32 b. Based on the identity, location, and orientation, respective placement positions and respective attachment positions of other shoe parts 14 b-e may be determined. The part-recognition system may determine an identity and orientation of parts 14 b-e. Parts 14 b-e may then be sequentially picked up by tool 24 b, sequentially transferred to the respective placement positions, and sequentially attached at the respective attachment positions by tool 30 b."). Claim 28: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according claim 18, wherein said system controller and/or said robot controller is configured to compare said plurality of robot manufacturing instructions with said different series of footwear manufacturing instructions to select said elected manufacturing instruction based on one or more selection criteria.” (Jurkovic teaches the identity of part 12b may be used to determine attachment positions of other parts i.e. the selection criteria for the manufacturing instructions may be the identity of the part in Jurkovic [0085] "Once assembled, shoe part 12 b may be transferred by surface 18 a-d to another position near shoe-manufacturing apparatus 16 b. As such, part-recognition system may determine an identity of part 12 b and an orientation and location of part 12 b within area 32 b. Based on the identity, location, and orientation, respective placement positions and respective attachment positions of other shoe parts 14 b-e may be determined. The part-recognition system may determine an identity and orientation of parts 14 b-e. Parts 14 b-e may then be sequentially picked up by tool 24 b, sequentially transferred to the respective placement positions, and sequentially attached at the respective attachment positions by tool 30 b."). Claim 41: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said different footwear assemblies are associated with a footwear property, and wherein said footwear property is model design.” (Jurkovic teaches shoe-part reference models in Jurkovic [0141] "FIG. 10 illustrates various depictions 1011 a-d, each of which provides one or more exemplary shoe-part reference patterns or models (hereinafter known as shoe-part references). For example, depiction 1010 a provides an exemplary shoe-part reference 1013 a, and depiction 1010 b provides a different shoe-part reference 1014 a. Depictions 1010 a-d may represent data that is maintained in a computer-storage medium and is retrievable to execute computing functions. For example, depictions 1010 a-d may be stored in a computer-storage media as reference models or patterns and retrieved in order to be viewed on a computing output device (e.g., computer display monitor)."; Jurkovic teaches that references 1013a may be used to determine reference information which may be used to assemble shoe parts i.e. the footwear assembly is associated with the model in Jurkovic [0144] "Continuing, references 1013 a and 1015 a may be used to determine reference information, which may be subsequently used to assemble shoe parts. For example, an attachment shoe part (e.g., 1224 in FIG. 11) may be positioned relative to a base shoe part (e.g., 1226 in FIG. 11); however, before the attachment shoe part is positioned, it may be helpful to determine a placement location at which the attachment shoe part should be positioned."). Claim 43: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said different footwear assemblies are associated with a footwear property, and wherein said footwear property is footwear size.” (Jurkovic teaches that that a shoe-part may be scaled to correspond to different shoe sizes i.e. a footwear assembly may be associated with a footwear size in Jurkovic [0143] "In one aspect, a shoe-part reference (e.g., shoe-part reference 1012 a) is created such that it may be scaled to correspond to a multiple of different shoe sizes. For example, a shoe-part reference corresponding to a model size (i.e., a model size for females and a model size for males) is created and all other matching shoe-part references are scaled off of the shoe-part reference corresponding to the model size. A shoe-part reference may be scaled up to, for example, five times to account for the different sizes. Further, the shoe-part reference can be scaled to allow for expansion and/or shrinkage for any particular size."). Claim 57: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 1, wherein said footwear manufacturing system further comprises a footwear instructions database communicatively coupled to said system controller.” (Iwashita teaches a boundary database 6106 comprising defined movement path associated with the shoe information i.e. a footwear instructions database in Iwashita [0053] "When control device 60 identifies the boundary of upper 11 of master model M based on three-dimensional shape data acquired by camera 20 a, control device 60 stores information about the identified boundary in boundary database 6106. FIG. 5 illustrates contents of the information stored in boundary database 6106. In the example shown in FIG. 5, the information about the boundary and the information about the movement path that are associated with the information about shoe type (model), part type, shoe size, shoe width, and distinction between right shoe and left shoe are stored in boundary database 6106. For example, when three-dimensional shape data acquired by camera 20 a is data of master model M of shoe type “SH1,” control device 60 stores information about the part type “upper,” the shoe size “25.0 cm,” the shoe width “EE” and “right” as distinction between right and left, together with the information about the shoe type “SH1,” and stores information about the identified boundary “AAA” and information about the defined movement path “aaa” associated with the above-described information."; Iwashita Fig. 2 [As shown above in claim 1] teaches the boundary database 6106 being in communication with the processor i.e. system controller). Claim 61: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according claim 1, wherein said different footwear assemblies are associated with a footwear property, and wherein said plurality of robot manufacturing instructions comprises unique robot manufacturing instructions for said at least two unique characteristics of said footwear property.” (Jurkovic teaches that that a shoe-part may be scaled to correspond to different shoe sizes i.e. a footwear assembly may be associated with more than one footwear size in Jurkovic [0143] "In one aspect, a shoe-part reference (e.g., shoe-part reference 1012 a) is created such that it may be scaled to correspond to a multiple of different shoe sizes. For example, a shoe-part reference corresponding to a model size (i.e., a model size for females and a model size for males) is created and all other matching shoe-part references are scaled off of the shoe-part reference corresponding to the model size. A shoe-part reference may be scaled up to, for example, five times to account for the different sizes. Further, the shoe-part reference can be scaled to allow for expansion and/or shrinkage for any particular size."). Claim 145: Jurkovic teaches “selecting an elected manufacturing instruction of said plurality of robot manufacturing instructions based on footwear assembly identification information associated with different footwear assemblies; automatically executing said elected manufacturing instruction on a robot controller configured to control an automated footwear manufacturing robot to operate said automated footwear manufacturing robot.” (Jurkovic teaches shoe manufacturing apparatuses 16a-c carrying out automated steps based on identity information communicated to them in Jurkovic [0061] "Moreover, shoe-manufacturing apparatuses 16 a-c, as well as tools that may be incorporated therein, may manipulate and act on shoe parts in an automated manner. For example, shoe-manufacturing apparatuses 16 a-c may carry out automated steps based on information that is communicated to apparatuses 16 a-c and that described characteristics (e.g., identity, position, rotation, etc.) of the shoe parts."; Jurkovic teaches that shoe manufacturing 116 of Fig. 2 may perform functions of apparatus 16a in Fig. 1 in Jurkovic [0086] "Referring now to FIG. 2, a depiction is provided of a system 110 in which various shoe-manufacturing processes may be performed. System 110 is comprised of various automated manufacturing apparatuses and tools, which may function to, among other things, position and assemble shoe parts. For example, shoe parts 112 and 114 may be transferred by shoe-manufacturing apparatus 116 and assembled. Whereas FIG. 1 depicts multiple shoe-manufacturing apparatuses 16 a-c, FIG. 2 depicts a single shoe manufacturing apparatus 116. As such, system 110 of FIG. 2 may be a station within a larger system 10 of FIG. 1. For example, shoe-manufacturing apparatus 116 of FIG. 2 may perform functions of shoe manufacturing apparatus 16 a depicted in FIG. 1."). Jurkovic does not appear to explicitly teach “A method for at least partially manufacturing footwear assemblies, said method comprising the steps of: providing a plurality of robot manufacturing instructions to a robot instructions database;” However, Iwashita does teach this claim limitation (Iwashita teaches a boundary database 6106 comprising defined movement path associated with the shoe information i.e. a footwear instructions database in Iwashita [0053] "When control device 60 identifies the boundary of upper 11 of master model M based on three-dimensional shape data acquired by camera 20 a, control device 60 stores information about the identified boundary in boundary database 6106. FIG. 5 illustrates contents of the information stored in boundary database 6106. In the example shown in FIG. 5, the information about the boundary and the information about the movement path that are associated with the information about shoe type (model), part type, shoe size, shoe width, and distinction between right shoe and left shoe are stored in boundary database 6106. For example, when three-dimensional shape data acquired by camera 20 a is data of master model M of shoe type “SH1,” control device 60 stores information about the part type “upper,” the shoe size “25.0 cm,” the shoe width “EE” and “right” as distinction between right and left, together with the information about the shoe type “SH1,” and stores information about the identified boundary “AAA” and information about the defined movement path “aaa” associated with the above-described information."; Iwashita teaches that control device 60 controls operations of the robot arm 40 in Iwashita [0041] "PLC 50 controls respective operations of applicator 30, robot arm 40, and belt conveyor 70, based on a control signal from control device 60. In the present embodiment, PLC 50 is provided separately from control device 60, and PLC 50 controls applicator 30, robot arm 40, and belt conveyor 70. Alternatively, control device 60 may directly control respective operations of robot arm 40 and belt conveyor 70. PLC 50, together with control device 60, implements functions as a controller of shoe manufacturing system 100."; Iwashita Fig. 2 [As shown above in claim 1] teaches the boundary database 6106 being in communication with the processor 602 of control device 60 i.e. system controller; Iwashita Fig. 1 [As shown above in claim 1] teaches the control device 60 being in communication with the PLC 50 i.e. robot controller). Jurkovic and Iwashita are analogous art because they are from the same field of endeavor of shoe manufacturing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Jurkovic and Iwashita before him/her, to modify the teachings of an Automated manufacturing of shoe parts with a pickup tool of Jurkovic to include the boundary database of Iwashita because adding the Shoe manufacturing system of Iwashita would enable reduction of labor for identifying the boundary of shoe parts as described in Iwashita [0011] " According to an aspect of the present disclosure, the boundary of the to-be-bonded surface is identified for defining the area of the to-be-bonded surface to be processed, based on the three-dimensional shape data of the master model, and each of the first shoe parts is processed, which enables reduction of the labor required for identifying the boundary of each of the first shoe parts.” Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jurkovic et al. (US20180129185A1), in view of Iwashita et al. (US20210315324A1), further in view of Burkhard et al. (US20180074478A1). Claim 8: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 7,” as described above. Neither Jurkovic or Iwashita appear to explicitly teach “wherein said target assembly route comprises one or more branch selections associated with one or more branched modules of said footwear manufacturing line.” However, Burkhard does teach this claim limitation (Burkhard teaches that vehicles 24 may be routed among secondary transport portions 78 which include unit operation stations 84, 86, 88, and 90 i.e. branched modules in Burkhard [0130] "FIG. 1 shows one non-limiting embodiment of an arrangement of unit operation stations on the secondary transport portions 78. In the embodiment shown in FIG. 1, each of the secondary transport portions 78 comprises one of a plurality of (container) loading stations 84, a plurality of combined filling/capping stations 86, a plurality of decorating stations 88, or a plurality of unloading stations 90 (e.g., collectively “the unit operation stations”). In this embodiment, each of the unit operation stations 84, 86, 88, 90 located at a particular secondary transport portion 78 can be disposed along different unit transport segments 91 that are arranged in parallel. The vehicles 24 can be selectively routed among the secondary transport portions 78 to facilitate bottling of fluent material within a plurality of the containers 38 (and in other embodiments, to carry out the manufacture of assembly of assembled products)." [AltContent: rect] PNG media_image8.png 777 600 media_image8.png Greyscale ). Jurkovic and Iwashita are analogous art because they are from the same field of endeavor of shoe manufacturing. Jurkovic and Burkhard are analogous art because they are from the same field of endeavor of conveying components to carry out manufacture of assembled products. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Jurkovic, Iwashita, and Burkhard before him/her, to modify the teachings of an Automated manufacturing of shoe parts with a pickup tool of Jurkovic modified to include the boundary database of Iwashita to include the transport portions of Burkhard because adding the System and Method for Producing Products Based Upon Demand of Burkhard would allow alleviation of congestion as described in Burkhard [0143-0144] “Circulating the vehicles 24 around the primary transport portion 76 can alleviate congestion on the track 22 which can enhance the throughput of the track system 20. For example, when a vehicle 24 is scheduled to be routed to the next unit operation station 84, 86, 88, 90 of its sequence in the course of producing a finished product, and that unit operation station 84, 86, 88, 90 is occupied (i.e., due to other vehicles 24 occupying the unit operation station 84, 86, 88, 90), the vehicle 24 can circulate around the primary transport portion 76 (i.e., in a holding pattern). Once the scheduled unit operation station 84, 86, 88, 90 becomes ready to receive vehicles, the vehicle 24 can then be diverted to the appropriate transport segment 91 of the scheduled unit operation station 84, 86, 88, 90. It is possible that one or more types of unit operation stations could be located along the primary transport portion 76. However, to alleviate congestion on the primary transport portion 76 and allow one or more of the vehicles 24 to continuously circulate along the primary path P1, the primary transport portion 76 can be devoid of some or all unit operation stations (i.e., 84, 86, 88, 90), and the unit operation stations can instead be located at the secondary transport portions 78, as described above. Alternatively, the primary transport portion 76 may only have fast cycle stations located along the same. The vehicles 24 are therefore diverted off of the primary transport portion 76 to undergo the operations performed by the unit operation station 84, 86, 88, 90 and thus do not interfere with the flow of traffic on the primary transport portion 76. (Of course, in other embodiments, one or more unit operation stations can be located along the primary transport portion 76, and other unit operation stations may be located on the secondary transport portions 78.)” Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jurkovic et al. (US20180129185A1), in view of Iwashita et al. (US20210315324A1), further in view of Manz et al. (US20180295945A1). Claim 10: Jurkovic in view of Iwashita teaches “The footwear manufacturing robot system according to claim 7,” as described above. Neither Jurkovic or Iwashita appear to explicitly teach “wherein said target assembly route passes one or more non-elected manufacturing locations of said plurality of manufacturing locations.” However, Manz does teach this claim limitation (Manz teaches that processing steps may be adjusted for every component and that components may pass through at least one station without being processed in Manz [0046] "For example, the first shoe components may automatically be transported to at least one processing station, in which they are further processed. In certain embodiments, for example, individual first shoe components may pass through at least one processing station without being processed further there, so that an individual sequence of processing steps may be configured for every first shoe component as a result. A plurality of processing steps may be carried out within one processing station, with the exact sequence of processing steps and processing parameters to be individually adjusted for every first shoe component. All this may happen automatically to a large extent."). Jurkovic, Iwashita, and Manz are analogous art because they are from the same field of endeavor of shoe manufacturing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Jurkovic, Iwashita, and Manz before him/her, to modify the teachings of an Automated manufacturing of shoe parts with a pickup tool of Jurkovic modified to include the boundary database of Iwashita to include the adjustment of processing steps that may include passing through a station without being processed of Manz because adding the Two-dimensional shoe manufacturing of Manz would allow for a sequence of processing steps to be configured for every first shoe component as described in Manz [0046] "For example, the first shoe components may automatically be transported to at least one processing station, in which they are further processed. In certain embodiments, for example, individual first shoe components may pass through at least one processing station without being processed further there, so that an individual sequence of processing steps may be configured for every first shoe component as a result. A plurality of processing steps may be carried out within one processing station, with the exact sequence of processing steps and processing parameters to be individually adjusted for every first shoe component. All this may happen automatically to a large extent."). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dean et al. (US20120089477A1) teaches a method of manufacturing a shoe based on selections by a customer, with the selections stored in a database in Dean [0028] "Generally, the work-order engine 225 is configured to manage satisfaction of the order 217. Managing the satisfaction of the order 217 may include the steps of retrieving the order 217 from the second database 222 and converting the options selected by the customer when placing the order 217 into specifications of a particular article of footwear. Using the specifications, the work-order engine 225 may generate a work order that governs the production of the article of footwear. In one instance, the work order includes information for implementing a dataflow 280 and a workflow 290."; Dean teaches determining a sequence of operations being sent to select appropriate stations in Dean [0030] "Further, the dataflow 280 manages what data is sent to the selected appropriate stations. For instance, the dataflow 280 indicates which sequence of operations is sent to one or more of the select appropriate stations. By way of example, a sequence of operations are a set of automated or manual commands that instruct a machine or human operator, respectively, what actions to carry out in order to fabricate a component of the ordered article of footwear consistent with the specifications. As illustrated in FIG. 2, a sequence of operations 211 may be distributed to the outsole station 230 that instructs the outsole station 230 which features (e.g., material, size, and the like) to incorporate into an outsole component 231 that is fabricated in compliance with the order 217." Baghdadi et al. (US20210276294A1) teaches a footwear mold system that includes an RFID device for tracking molds as they are transferred through different stations in Baghdadi [0189] "With continued reference to FIG. 1B, the bottom side of the first carrier plate 116 may include an RFID port 132 for retaining an RFID device (not shown). The RFID device may be used to track the first mold 120 and the second mold 122 as the molds are moved through different stations of an injection molding system." Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zachary A Cain whose telephone number is (571)272-4503. The examiner can normally be reached Mon-Fri 7:00-3:30 CST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Z.A.C./ Examiner, Art Unit 2116 /KENNETH M LO/ Supervisory Patent Examiner, Art Unit 2116
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Prosecution Timeline

Dec 21, 2023
Application Filed
Feb 23, 2026
Non-Final Rejection — §103, §112 (current)

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