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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/4/2026 has been entered.
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.
Claims 1-22, 25-26, 28-35 & 37-43 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (U.S. Patent No. 4438574) in view of Greene (U.S. 20110078921) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007).
Regarding claim 1, Johnson teaches an article of footwear (10), the article of footwear comprising: an upper (12) comprising a forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and an instep area extending between at least the lateral side and the medial side (figs. 1,2); a plurality of outer lace apertures (G, see annotated fig.) disposed at a first location of the instep area on each of the lateral side and the medial side of the upper (see annotated fig.); a plurality of inner lace apertures (F, see annotated fig.) disposed at a second location of the instep area on each of the lateral side and the medial side of the upper (see annotated fig.), wherein the second location is located more inward toward a middle of the upper than the first location (fig. 4); and a sole structure (14) secured to the upper (fig. 1); wherein a surface through which the plurality of inner apertures and the plurality of outer apertures extends on each of the lateral side and the medial side forms a continuous surface with the portions of the instep area (Figure 1, the surface of the entirety of the shoe is continuous with all portions of the shoe).
But fails to teach the upper comprising a knitted component in at least the instep area, a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
Greene teaches footwear (fig. 1) comprising a knitted footwear tongue (40, para. 43) in the instep area (fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the upper of Johnson so as to include a knitted tongue in the instep area in view of Greene in order to decrease waste, increase manufacturing efficiency and recyclability and enhance comfort in comparison to a conventional tongue with multiple joined material elements (para. 43 of Greene).
The Johnson/Greene combined reference fails to teach a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
Wired teaches lacing a shoe such that the lace extends through a lace aperture of the plurality of lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an aperture of the plurality of lace apertures on the medial side of the upper, wherein after exiting the upper through the lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through a lace aperture of the plurality of lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through a lace aperture of the plurality of lace apertures on the lateral side of the upper (fig. 1 and description of 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have laced the article of footwear of the Johnson/Greene combined reference as taught by Wired fig. 1 in order to alleviate pressure points to provide more breathing room (description of 1 of Wired).
Lacing the Johnson/Greene combined reference as taught by Wired results in a lace that extends through an inner lace aperture (A1, see annotated fig.) of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture (A2, see annotated fig.) of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture (A3, see annotated fig.) of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture (A4, see annotated fig.) of the plurality of outer lace apertures on the lateral side of the upper. The examiner notes that dashed lines indicating the lace in the annotated fig. are under the surface of the upper and solid lines indicating the lace are over the top surface of the upper.
PNG
media_image1.png
672
812
media_image1.png
Greyscale
PNG
media_image2.png
506
550
media_image2.png
Greyscale
Regarding claim 2, the Johnson/Greene/Wired combined reference teaches the upper includes a reinforcing element (36) to reinforce at least some of the outer lace apertures (col. 4, lines 24-31).
Regarding claim 4, the Johnson/Greene/Wired combined reference teaches the knitted component includes a first area formed from a first type of yarn having a first set of properties and a second area formed from a second type of yarn having a second set of properties different from the first set of properties (para. 55 of Greene).
Regarding claim 5, the Johnson/Greene/Wired combined reference teaches the knitted component comprises a knitted one-piece element (para. 48 of Greene).
Regarding claim 8, the Johnson/Greene/Wired combined reference teaches the knitted component in the instep area extends continuously between inner lace apertures on the lateral side and inner lace apertures on the medial side (the instep area is between the apertures as claimed and extends continuously, 40 of Greene (at least fig.4) as applied to Johnson).
Regarding claim 9, the Johnson/Greene/Wired combined reference teaches the knitted component in the instep area comprises a stretch knit structure (para. 56 of Greene, stretch ribbed knit).
Regarding claim 10, the Johnson/Greene/Wired combined reference teaches the remaining portion of the knitted component comprises a different knit structure than the stretch knit structure (paras. 55,56 of Greene, fig. 10I).
Regarding claim 11, the Johnson/Greene/Wired combined reference teaches the knitted component includes a polymer layer at one or more areas of the knitted component (para. 46 of Greene).
Regarding claim 12, the Johnson/Greene/Wired combined reference teaches upper comprises a skin layer bonded to at least a portion of the knitted component (logo or trademark bonded to 41, para. 46 of Greene).
Regarding claim 13, the Johnson/Greene/Wired combined reference teaches the knitted component in the instep area comprises elastic yarns (paras. 49,54,62 of Greene).
Regarding claim 14, the Johnson/Greene/Wired combined reference teaches the sole structure comprises a plurality of ground-engaging cleat members (24).
Regarding claim 15, the Johnson/Greene/Wired combined reference teaches the knitted component comprises a first knit layer (43) forming at least part of the exterior surface of the upper and a second knit layer (44) forming at least part of the interior surface of the upper (para. 47 of Greene).
Regarding claim 16, the Johnson/Greene/Wired combined reference teaches the first knit layer comprises a plurality of voids that expose portions of the second knit layer (para. 56, fig. 10J, para. 57).
Regarding claim 20, the Johnson/Greene/Wired combined reference teaches the knitted component has a unitary knit construction (para. 48 of Greene).
Regarding claim 21, the Johnson/Greene/Wired combined reference teaches the plurality of inner lace apertures on the lateral side are offset from the plurality of outer lace apertures on the lateral side along the instep area in a longitudinal direction (fig. 2 of Johnson).
Regarding claim 22, the Johnson/Greene/Wired combined reference teaches the plurality of inner lace apertures on the lateral side and the plurality of outer lace apertures on the lateral side form pairs, each pair comprising one inner lace aperture and one outer lace aperture on the lateral side (see circled pairs in annotated fig.), wherein a distance between the inner lace aperture and the outer lace aperture of each pair is shorter than a distance between adjacent pairs (see arrows in annotated fig.).
Regarding claim 25, the Johnson/Greene/Wired combined reference teaches the upper comprises a heel counter (32) in the heel region (fig. 1)(col. 4, lines 30-31).
Regarding claim 26, the Johnson/Greene/Wired combined reference teaches the upper comprises a toe guard (42) in the forefoot region (col. 4, lines 32-35).
Regarding claim 29, the Johnson/Greene/Wired combined reference teaches the plurality of inner lace apertures and the plurality of outer lace apertures are arranged as a plurality of pairs located on the medial side and on the lateral side of the upper, each pair comprising one of the plurality of inner lace apertures and one of the plurality of outer lace apertures (see circled pairs in annotated fig.). The combination does not specifically disclose wherein center points of each pair are close to each other than to center points of lace apertures of the immediately adjacent pairs. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of spacing for the pairs of lace apertures in order to achieve an optimal configuration for lacing, since discovering the optimum or workable ranges of the spacing involves only routine skill in the art.
Regarding claim 30, the Johnson/Greene/Wired combined reference teaches the center points of each pair comprise points that are equidistant from edges forming the corresponding lace apertures (see arrows in annotated fig.).
Regarding claim 31, the Johnson/Greene/Wired combined reference do not specifically disclose the lateral side and the medial side each comprise at least four pairs of the plurality of pairs of lace apertures. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to construct the pair of lace apertures having a at least four pairs, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Regarding claim 32, the Johnson/Greene/Wired combined reference teaches wherein a first portion of the knitted component on the medial side through which a first pair of lace apertures extends and a second portion of the knitted component on the lateral side through which a second pair of lace apertures extends are co-extensive with a tongue portion that extends across the instep area and between the first portion and the second portion (as modified).
PNG
media_image3.png
408
444
media_image3.png
Greyscale
The following rejection of claim 1 (the Johnson/Greene/Wired combined reference) is for use with below claims 2,3,6,7, 17-19, 28,33-36.
Regarding claim 1, Johnson teaches an article of footwear (10), the article of footwear comprising: an upper (12) comprising forefoot region, a midfoot region, a heel region, a lateral side, a medial side, and an instep area extending between at least the lateral side and the medial side (figs. 1,2); a plurality of outer lace apertures (G, see annotated fig.) disposed at a first location of the instep area on each of the lateral side and the medial side of the upper (see annotated fig.); a plurality of inner lace apertures (F, see annotated fig.) disposed at a second location of the instep area on each of the lateral side and the medial side of the upper (see annotated fig.), wherein the second location is located more inward toward a middle of the upper than the first location (fig. 4); and a sole structure (14) secured to the upper (fig. 1); wherein a surface through which the plurality of inner apertures and the plurality of outer apertures extends on each of the lateral side and the medial side forms a continuous surface with the portions of the instep area (Figure 1, the surface of the entirety of the shoe is continuous with all portions of the shoe)
But fails to teach the upper comprising a knitted component in at least the instep area, a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
Greene teaches footwear (fig. 1) comprising a knitted footwear element (70, fig. 23) including a tongue in the instep area (fig. 23, para. 78).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the upper of Johnson so as to include a knitted footwear element as taught by Greene which includes a tongue in the instep area in order to decrease waste, increase manufacturing efficiency and recyclability and enhance comfort in comparison to a conventional tongue/cuff with multiple joined material elements (para. 43 of Greene).
The Johnson/Greene combined reference fails to teach a lace that extends through an inner lace aperture of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the lateral side of the upper.
Wired teaches lacing a shoe such that the lace extends through a lace aperture of the plurality of lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an aperture of the plurality of lace apertures on the medial side of the upper, wherein after exiting the upper through the lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through a lace aperture of the plurality of lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through a lace aperture of the plurality of lace apertures on the lateral side of the upper (fig. 1 and description of 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have laced the article of footwear of the Johnson/Greene combined reference as taught by Wired fig. 1 in order to alleviate pressure points to provide more breathing room (description of 1 of Wired).
Lacing the Johnson/Greene combined reference as taught by Wired results in a lace that extends through an inner lace aperture (A1, see annotated fig.) of the plurality of inner lace apertures on the medial side of the upper, extends along an interior surface of the upper, and then exits the upper through an outer lace aperture (A2, see annotated fig.) of the plurality of outer lace apertures on the medial side of the upper, wherein after exiting the upper through the outer lace aperture on the medial side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture (A3, see annotated fig.) of the plurality of inner lace apertures on the lateral side of the upper, extends along the interior surface of the upper, and then exits the upper through an outer lace aperture (A4, see annotated fig.) of the plurality of outer lace apertures on the lateral side of the upper. The examiner notes that dashed lines indicating the lace in the annotated fig. are under the surface of the upper and solid lines indicating the lace are over the top surface of the upper.
Regarding claim 2, the Johnson/Greene/Wired combined reference teaches the upper includes a reinforcing element (stitching attaching 36 to 40,42) to reinforce at least some of the outer lace apertures (col. 4, lines 30-31, col. 5, lines 26-28, stitching attaches layers together around the apertures thereby reinforcing the apertures).
Regarding claim 3, the Johnson/Greene/Wired combined reference teaches the reinforcing element (stitching attaching 36 to 40,42) is inlaid within the knitted component (para. 76 of Greene, 64 would extend between layers of the upper and therefore stitching attaching 36 to 40,42 would extend through portion 64 of the knitted component such that it is inlaid within 64).
Regarding claim 6, the Johnson/Greene/Wired combined reference teaches an ankle cuff (60, para. 78) that comprises the knitted component (70, fig. 23).
Regarding claim 7, the Johnson/Greene/Wired combined reference teaches the instep area extends between an ankle opening and the forefoot region (figs. 1,2, of Johnson), and wherein the instep area is joined through knitting to the ankle cuff (para. 78, fig. 23, tongue (instep area) is joined through knitting to the ankle cuff by way of flanges 64 (para. 76 discusses the flanges, figs. 19 and 20 label the flanges)).
Regarding claim 17, the Johnson/Greene/Wired combined reference teaches the plurality of inner lace apertures extend through the knitted component (lace apertures 34 of Greene extend through the knitted component (figs. 23,19,20,21b, para. 76) and therefore, the lace apertures of the combined reference including the inner lace apertures would extend through the knitted component in the combined reference).
Regarding claim 18, the Johnson/Greene/Wired combined reference teaches the plurality of inner lace apertures are formed into the knitted component by knitting (para. 77 of Greene).
Regarding claim 19, the Johnson/Greene/Wired combined reference teaches the plurality of inner lace apertures and at least some of the plurality of outer lace apertures extend through the knitted component (lace apertures 34 of Greene extend through the knitted component (figs. 23,19,20,21b, para. 76) and therefore, the lace apertures of the combined reference including the plurality of inner lace apertures and at least some of the plurality of outer lace apertures would extend through the knitted component in the combined reference).
Regarding claim 28, the Johnson/Greene/Wired combined reference teaches the knitted component comprises an ankle cuff (60) joined through knitting to the instep area of the upper (para. 78, fig. 23, tongue (instep area) is joined through knitting to the ankle cuff by way of flanges 64 (para. 76 discusses the flanges, figs. 19 and 20 label the flanges)); but doesn’t specifically teach the ankle cuff exhibiting greater stretch compared to remaining areas of the knitted component.
Greene further teaches any stitch types discussed above in the spec may be utilized in cuff 60 (para. 77) and teaches that multiple stitch types can be used together in the knitted component, a textured stitch configuration may be used to impart stretch or different aesthetic quality than a non-textured stitch configuration (para. 55), and a stitch type or yarn type can also be selected to resist stretching (paras. 55,56).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the ankle cuff of the combined reference with a textured stitch imparting stretch while remaining areas of the knitted component are formed of a stitch or yarn type to resist stretch in view of Greene in order to impart stretch or different aesthetic quality to the ankle cuff while providing greater support to other areas.
Regarding claim 33, the Johnson/Greene/Wired combined reference teaches the knitted component comprises an ankle cuff (60) wherein the ankle cuff comprises an exterior layer and an interior layer (fig. 21A), wherein the ankle cuff comprises a plurality of voids formed in at least the exterior layer (as is necessarily created by the interlooping structure of knitting, para. 77).
Regarding claim 34, the Johnson/Greene/Wired combined reference teaches the plurality of voids extend through the exterior layer and the interior layer (as is necessarily created by the interlooping structure of knitting, para. 77, and space between 63, fig. 21A).
Regarding claim 35, the Johnson/Greene/Wired combined reference teaches the plurality of voids are located adjacent a malleolus bone of a wearer in an as-worn configuration (the article of footwear can be placed on a wearer’s foot/ankle such that the plurality of voids are located adjacent a malleolus bone of a wearer).
Regarding claim 37, Johnson teaches an article of footwear (10), comprising: an upper (12), comprising: a medial side; a lateral side; an instep area extending between the medial side and the lateral side (figs. 1,2); a plurality of outer lace apertures (G, see annotated fig.) located on the medial side and lateral side; a plurality of inner lace apertures located on the medial side and lateral side (F, see annotated fig.) ,wherein the plurality of inner lace apertures and the plurality of outer lace apertures form a plurality of pairs (circled in annotated fig.), each pair comprising one inner lace aperture and one outer lace aperture that are offset along a longitudinal centerline, wherein the plurality of pairs comprise a first pair and a second pair positioned immediately adjacent to each other on the medial side or on the lateral side (see annotated fig.), wherein the inner lace aperture and the outer lace aperture of the first pair are spaced apart a first distance, and wherein the first pair and the second pair are spaced apart a second distance that is greater than the first distance (see arrows in annotated fig.); and a sole structure (14) secured to the upper (fig. 1); but fails to teach the upper comprising a knitted component incorporated into at least the instep area, lacing holes disposed symmetrically on medial and lateral sides so that there are the same lacing holes on the lateral side.
Greene teaches footwear (fig. 1) comprising a knitted footwear tongue (40, para. 43) in the instep area (fig. 1) and lacing holes (34) disposed symmetrically on medial and lateral sides (fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the upper of Johnson so as to include a knitted tongue in the instep area in view of Greene in order to decrease waste, increase manufacturing efficiency and recyclability and enhance comfort in comparison to a conventional tongue with multiple joined material elements (para. 43 of Greene) and to have disposed the lacing holes of Johnson symmetrically on medial and lateral sides in view of Greene in order to provide even tension with the lacing.
But does not specifically teach a lace that extends into the inner lace aperture of the first pair, under and along an interior foot facing surface of the upper and exits the outer lace aperture of the first pair.
Wired teaches lacing a shoe such that the lace that extends into the inner lace aperture of the first pair, under and along an interior foot facing surface of the upper and exits the outer lace aperture of the first pair.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have laced the article of footwear of the Johnson/Greene combined reference as taught by Wired fig. 1 in order to alleviate pressure points to provide more breathing room (description of 1 of Wired).
Lacing the Johnson/Greene combined reference as taught by Wired results in lacing a shoe such that the lace that extends into the inner lace aperture of the first pair (A3, see annotated fig.), under and along an interior foot facing surface of the upper and exits the outer lace aperture of the first pair (A4, see annotated fig.). The examiner notes that dashed lines indicating the lace in the annotated fig. are under the surface of the upper and solid lines indicating the lace are over the top surface of the upper.
PNG
media_image4.png
406
516
media_image4.png
Greyscale
PNG
media_image5.png
500
522
media_image5.png
Greyscale
Regarding claim 38, the combined reference fails to teach a lace, wherein after exiting the upper through the outer lace aperture of the first pair on the medial side or on the lateral side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the other of the medial side or the lateral side of the upper, extends along the interior foot-facing surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the other of the medial side or the lateral side of the upper.
Wired teaches lacing a shoe such that the lace wherein after exiting the upper through the outer lace aperture of the first pair on the medial side or on the lateral side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture of the plurality of inner lace apertures on the other of the medial side or the lateral side of the upper, extends along the interior foot-facing surface of the upper, and then exits the upper through an outer lace aperture of the plurality of outer lace apertures on the other of the medial side or the lateral side of the upper (fig. 1 and description of 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have laced the article of footwear of the Johnson/Greene combined reference as taught by Wired fig. 1 in order to alleviate pressure points to provide more breathing room (description of 1 of Wired).
Lacing the Johnson/Greene combined reference as taught by Wired results in a lace wherein after exiting the upper through the outer lace aperture of the first pair on the medial side or on the lateral side of the upper, the lace extends across the instep area along an exterior surface of the upper and extends through an inner lace aperture (A3, see annotated fig.) of the plurality of inner lace apertures on the other of the medial side or the lateral side of the upper, extends along the interior foot-facing surface of the upper, and then exits the upper through an outer lace aperture (A4, see annotated fig.) of the plurality of outer lace apertures on the other of the medial side of the lateral side of the upper. The examiner notes that dashed lines indicating the lace in the annotated fig. are under the surface of the upper and solid lines indicating the lace are over the top surface of the upper.
Regarding claim 39, the combination Johnson and Greene teach do not specifically disclose a distance between lace apertures of each pair is shorter than a distance between lace apertures of each pair and any immediately adjacent lace aperture of a different pair. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of spacing for the pairs of lace apertures in order to achieve an optimal configuration for lacing, since discovering the optimum or workable ranges of the spacing involves only routine skill in the art.
Regarding claim 40, the combined reference teaches a polymer layer (36, leather, col. 4, lines 25-31) on a surface of the upper (fig. 1), wherein the polymer layer surrounds at least a portion of the plurality of pairs of lace apertures (fig. 1).
PNG
media_image6.png
402
608
media_image6.png
Greyscale
Regarding claim 41, Johnson teaches an article of footwear (10), comprising: an upper (12), comprising: a medial side; a lateral side; an instep area extending between the medial side and the lateral side (figs. 1,2), the medial side and/or the lateral side comprising: a plurality of lace apertures extending through the upper (holes through 36) and arranged as a plurality of laterally offset pairs (within circles of annotated fig.), each laterally offset pair comprising one inside lace aperture and one outside lace aperture, the inside lace aperture positioned closer to a longitudinal centerline of the upper than the outside lace aperture (see annotated fig.); and a sole structure (14) secured to the upper (fig. 1);
But fails to teach the upper comprising a knitted component incorporated into at least the instep area, a lace that is extendable through the inside lace aperture, across an interior foot-facing surface of the upper, and through the outside lace aperture.
Greene teaches footwear (fig. 1) comprising a knitted footwear tongue (40, para. 43) in the instep area (fig. 1) and a lace (33) extending through lacing holes (34).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the upper of Johnson so as to include a knitted tongue in the instep area in view of Greene in order to decrease waste, increase manufacturing efficiency and recyclability and enhance comfort in comparison to a conventional tongue with multiple joined material elements (para. 43 of Greene) and to have included a lace in view of Greene in order to lace up the shoe to hold it on a wearer’s foot. The examiner notes that the lace of the combined reference is extendable through the inside lace aperture, across an interior foot-facing surface of the upper, and through the outside lace aperture because “extendable” indicates a functional relationship. The applicant has not positively claimed the configuration of the lace extending through the holes. The lace has a length/configuration that would allow the article of footwear to be laced as claimed thereby meeting the claim limitation.
Regarding claim 42, the combined reference teaches does not specifically disclose wherein a distance between edges of lace apertures of each laterally offset pair is shorter than a distance between an edge of a lace aperture of each laterally- offset pair located closer to a different pair and an edge of an immediately adjacent lace aperture of the different pair. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of spacing for the pairs of lace apertures in order to achieve an optimal configuration for lacing, since discovering the optimum or workable ranges of the spacing involves only routine skill in the art.
Regarding claim 43, the combined reference teaches an edge of each lace aperture comprises par of the knitted component (as modified, Johnson, fig. 2 & Greene, fig. 1).
Claims 33 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (U.S. Patent No. 4438574) in view of Greene (U.S. 20110078921) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007) and further in view of Nebel (U.S. Patent No. 1806491).
Regarding claims 33 and 36, the Johnson/Greene/Wired combined reference teaches the knitted component comprises an ankle cuff (60) wherein the ankle cuff comprises an exterior layer and an interior layer (fig. 21A), but fails to teach the ankle cuff comprises a plurality of voids formed in at least the exterior layer such that the plurality of voids form a geometric shape.
Greene further teaches apertures/voids may be included in an exterior layer knit structure of the article of footwear to impart greater permeability for air circulation (para. 56) wherein the apertures/voids form a geometric shape (fig. 10J).
Nebel teaches voids/apertures (D forming bottom diamond shape) (pg. 1, lines 75-79) (figs. 1-3) disposed on a side of an ankle cuff formed in a first knit layer forming an exterior surface of the ankle cuff (fig. 1), wherein the voids form a geometric shape (fig. 1, diamond shape).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the ankle cuff of the combined reference so as to include a plurality of voids that form a geometric shape further in view of Greene and Nebel in order to impart greater permeability for air circulation at the ankle area (para. 56 of Greene) and/or to provide artistic design in the fabric (pg.1, lines 1-16 of Nebel).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson (U.S. Patent No. 4438574) in view of Greene (U.S. 20110078921) in view of Wired (Wired Staff, How to: Lace Your Shoes, 11/27/2007) in view of Dua et al. (U.S. 20050193592).
Regarding claim 24, Johnson further teaches the sole structure comprises a midsole (22) (col. 3, lines 65-68, col. 4, lines 1-10), but doesn’t specifically teach the midsole comprises a polymer foam material.
Dua teaches a midsole comprising polymer foam material (para. 34).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the midsole of the combined reference out of polymer foam material in view of Dua in order to attenuate ground reaction forces and absorbs energy (i.e., provides cushioning) (para. 34 of Dua). Additionally, 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 (MPEP 2144.07).
Allowable Subject Matter
Claims 23 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 23, the examiner does not find it obvious for the knitted component to form substantially all of the upper of Johnson because the inventive concept of Johnson involves forming a substantial part of the upper from a woven non-stretch material.
Regarding claim 27, the knit tongue or tongue and ankle cuff combined structure of Greene does not extend through an underfoot region of the upper.
Response to Arguments
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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, KHOA HUYNH can be reached at 571-272-4888. 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.
/KATHARINE G KANE/Primary Examiner, Art Unit 3732