Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 12 recites the impregnation occurs before winding, while claim 1 which claim 12 depends upon recites the impregnation occurs during or after winding Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102/103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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 1-3, 9-10, 12-14 and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corcoran-Tadd (PG Pub. 2019/0307208) or in the alternative are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd (PG Pub. 2019/0307208).
Regarding claim 1, Corcoran-Tadd et al. teaches a method of making an article of apparel [0202 and Title] with the method comprising winding a first continuous thread around a plurality of projections (anchors) to form a first thread layer comprising a plurality of thread lines with each thread line extending between two respective projections [Abstract, 0053, 0074 and Figures 1A and 1B]. Corcoran-Tadd et al. teach impregnating during or after winding (Corcoran-Todd teaches the thread or layer of threads that serve to bond the layers after winding may be heated, for example, to bond and impregnate the layers together therefore it is abundantly clear that the impregnation occurs after winding) the at least a portion of the first continuous thread with a flowable liquid polymer (can be considered either the adhesive taught as applied on the threads or as the polymeric material encapsulating the core) [0079, 0093 and 0185]. In the alternative, Corcoran-Todd teaches impregnation of all the layers and threads and also teaches a layer or threads can be incorporated to bond the layers a together. It would have been obvious to one of ordinary skill in the art to impregnate and bond all the thread and layers together in order to ensure the structure was bonded together securely for integrity and strength and arrive at the claimed invention.
Further Corcoran-Todd teaches “ Once a desired thread pattern is wound, pin plate 1220 is moved to a lower position away from bottom surface 1216 of top plate 1210 as illustrated in FIG. 12C. In some embodiments, pin plate 1220 may be pushed downward by pushing on pins 1250. For example, a plate may push down on pins 1250, thereby forcing pins 1250 down through pin holes 1214. In some embodiments, the plate may push pins 1250 down through pin holes 1214 and pin heads 1252 may pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210. In some embodiments, the plate may be a heated plate that bonds continuous thread(s) wound around pins 1250 when the continuous thread(s) is/are sandwiched between the heated plate and top surface 1212 of top plate 1210. In some embodiments, pins 1250 may be composed of a meltable material (e.g., a thermoplastic material) that bonds continuous thread(s) at pins 1250 when heated. In some embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied after the heated plate is removed.
[0167] In some embodiments, the plate may be a non-heated plate. In such embodiments, pin heads 1252 may pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210 as the plate pushes on them. In such embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied to bond continuous thread(s) wound around pins 1250.
[0168] In embodiments with pins 1250 coupled to pin plate 1220, pin plate 1220, or individual pins 1250, may be pulled downward so that pin heads 1252 pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210. In such embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied to bond continuous thread(s) wound around pins 1250. Pin plate 1220 or individual pins 1250 may be pulled downward with a pneumatic or electromagnetic device, for example. In some embodiments, select pins 1250 may be retracted at specific times during winding step 220 to create a desired thread pattern. Retracting and/or extending pins 1250 at desired times during winding step 220 may be used to tailor characteristics of a thread pattern, such as, strength, support, propulsion, breathability, comfort (stretchability), tackiness, abrasion resistance, texture, haptics, and durability.”. Therefore, again it is abundantly clear Corcoran-Todd teaches the claimed limitations of impregnating during or after winding in the polymeric material coated on the core after winding in paragraphs 0166-0168.
Regarding claim 2, Corcoran-Tadd et al. teaches winding a second continuous thread around a plurality of projections to form a second thread layer with the second thread layer comprising a plurality of thread lines with each thread line extending between two respective projections [0086].
Regarding claim 3, at least a portion of second continuous thread is impregnated during or after the winding (Corcoran-Todd teaches the thread or layer of threads that serve to bond the layers after winding may be heated, for example, to bond and impregnate the layers together therefore it is abundantly clear that the impregnation occurs after winding) with the flowable liquid polymer [0084, 0086, 0088 and 0102]. In the alternative, Corcoran-Todd teaches impregnation of all the layers and threads and also teaches a layer or threads can be incorporated to bond the layers a together. It would have been obvious to one of ordinary skill in the art to impregnate and bond all the thread and layers together in order to ensure the structure was bonded together securely for integrity and strength and arrive at the claimed invention.
Regarding claim 9, Corcoran-Tadd et al. teaches the thread lines of the first thread layer and the thread lines of the second thread layer are not bonded or are bonded to one another via a bonding layer or adhesive and therefore are not bonded before impregnating at least the portions of the first and second continuous threads with the flowable liquid polymer respectively.
Regarding claim 10, impregnating at least portions of the first and second continuous threads with the flowable liquid polymer comprises soaking the first and second thread layers in the liquid flowable polymer (spraying is taught and the present specification teaches external application is included in soaking) [0185 and 0207].
Regarding claim 12, Corcoran-Tadd et al. teaches further impregnating at least the portion of the first continuous thread with the flowable liquid polymer by applying the flowable liquid polymer to at least the portion of the first continuous thread (the flowable liquid polymer can be construed as the polymeric material coated on the core and occurs before winding) before winding the first continuous thread around the plurality of projections.
Regarding claim 13, Corcoran-Tadd et al. teaches impregnating at least the portion of the first continuous thread with the flowable liquid polymer comprises applying the flowable liquid polymer to at least the portion of the first continuous thread (the binding adhesive can be construed as the polymeric material coated on the core and occurs after winding or as set forth in the above claims) after winding the first continuous thread around the plurality of projections.
Regarding claim 14, Corcoran-Tadd et al. teaches impregnating at least the portion of the first continuous thread with the flowable liquid polymer completely embeds individual thread lines of the first thread layer in the flowable liquid polymer (the polymeric material is taught as encapsulating the core) [0084].
Regarding claims 21, Corcoran-Todd teaches the impregnating comprising absorbing the flowable liquid polymer into the first continuous thread such that the flowable liquid polymer occupies an interior of at least a portion of the first continuous thread. Corcoran-Todd teaches impregnation of the threads and layers. Miriam Webster defines impregnation as “ to cause to be filled, imbued, permeated, or saturated”. Therefore, it is abundantly clear Corcoran-Todd teaches the impregnating comprising absorbing the flowable liquid polymer into the first continuous thread such that the flowable liquid polymer occupies an interior of at least a portion of the first continuous thread. In the alternative, Corcoran-Todd teaches impregnation of all the layers and threads and also teaches a layer or threads can be incorporated to bond the layers a together. It would have been obvious to one of ordinary skill in the art to impregnate and bond all the thread and layers together in order to ensure the structure was bond together securely for integrity and strength and therefore ensure the impregnating comprising absorbing the flowable liquid polymer into the first continuous thread such that the flowable liquid polymer occupies an interior of at least a portion of the first continuous thread and arrive at the claimed invention.
Regarding claim 22, the impregnating comprises impregnating the first continuous thread to a saturation point. Corcoran-Todd teaches the impregnating comprising absorbing the flowable liquid polymer into the first continuous thread such that the flowable liquid polymer occupies an interior of at least a portion of the first continuous thread. Corcoran-Todd teaches impregnation of the threads and layers. Miriam Webster defines impregnation as “ to cause to be filled, imbued, permeated, or saturated”. Therefore, it is abundantly clear Corcoran-Todd teaches the impregnating comprising absorbing the flowable liquid polymer into the first continuous thread such that the flowable liquid polymer occupies an interior of at least a portion of the first continuous thread.
In the alternative, Corcoran-Todd teaches impregnation of all the layers and threads and also teaches a layer or threads can be incorporated to bond the layers a together. It would have been obvious to one of ordinary skill in the art to impregnate and bond all the thread and layers together in order to ensure the structure was bond together securely for integrity and strength and therefore ensure the impregnating comprises impregnating the first continuous thread to a saturation point and arrive at the claimed invention.
Regarding claim 23, Corcoran-Todd teaches the polymer matrix is disposed within an interior of the first thread lines and the second thread lines. Corcoran-Todd teaches impregnation of the threads and layers. Miriam Webster defines impregnation as “ to cause to be filled, imbued, permeated, or saturated”. Therefore, it is abundantly clear Corcoran-Todd teaches the polymer matrix is disposed within an interior of the first thread lines and the second thread lines.
In the alternative, Corcoran-Todd teaches impregnation of all the layers and threads and also teaches a layer or threads can be incorporated to bond the layers a together. It would have been obvious to one of ordinary skill in the art to impregnate and bond all the thread and layers together in order to ensure the structure was bond together securely for integrity and strength and therefore ensure the polymer matrix is disposed within an interior of the first thread lines and the second thread lines and arrive at the claimed invention.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd (PG Pub. 2019/0307208).
Regarding claim 11, Corcoran-Tadd et al. teaches impregnating at least the portion of the first continuous thread with the flowable liquid polymer comprises applying the flowable liquid polymer to at least the portion of the first continuous thread (the flowable liquid polymer can be construed as the polymeric material coated on the core). Corcoran-Tadd et al. is silent regarding the application of the polymer while winding the first continuous thread around the plurality of projections. However, Corcoran-Tadd et al. teaches “Although operations may be described as a sequential process, some of the operations may in fact be performed in parallel, concurrently…”, therefore, it would have been obvious to one of ordinary skill in the art to apply the polymer while winding the first continuous thread around the plurality of projections in order to save on time and arriver at the claimed invention.
Claims 4-6, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd (PG Pub. 2019/0307208) in view of Corcoran-Tadd et al. (PG Pub. 20220007789 herein after referred to as ‘789).
Regarding claims 4-5, Corcoran-Tadd et al. teaches impregnation at least a portion of the second continuous thread with flowable liquid polymer, but is silent regarding the claimed third layer. However, ‘789 teaches a third layer between the first and second thread layers to form a layered structure with the third layer comprising a different material than the first and second thread layers and the third layer is taught as a foam material in order to impart padding and texture [0388-0392]. ‘789 teaches “in some embodiments the order of operations may be rearranged without departing from the spirit of the disclosed subject matter.” And therefore, it would have been obvious to one of ordinary skill in the art to position the third layer of ‘789 in Corcoran-Tadd et al. after impregnation step in order to prevent the third layer from being impregnated and provide padding and texture and arrive at the claimed invention.
Regarding claim 6, Corcoran-Tadd et al. teaches conforming the layered structure to the shape of a mold [0160].
Regarding claims 16, 18 and 20, Corcoran-Tadd et al. teaches an article of apparel [0202 and Title], comprising a first thread layer comprising a first perimeter edge (can be considered to any side in Fig. 1A or Fig,3] and a plurality of first thread lines extending continuously from a first side of the first perimeter edge to a second side of the first perimeter edge (can be considered to be any other side in Fig. 1A or Fig, 3]; a second thread layer comprising a second perimeter edge and a plurality of second thread lines extending continuously from a first side of the second perimeter edge to a second side of the second perimeter edge. Corcoran-Tadd et al. is silent regarding the claimed third layer. However, ‘789 teaches a third layer between the first and second thread layers to form a layered structure with the third layer comprising a different material than the first and second thread layers and the third layer is taught as a foam material in order to impart padding and texture [0388-0392]. It would have been obvious to one of ordinary skill in the art to include the third layer of ‘789 in Corcoran-Tadd et al. in order to impart padding and texture and arrive at the claimed invention. A polymer matrix is taught bonding the first thread lines to one another, the second thread lines to one another, wherein the polymer matrix is impregnated into the first thread layer, the second thread layer, and the third thread layer and wherein the polymer matrix bonds the first thread layer to the third layer, and the second thread layer to the third layer via the bonding layer and adhesive taught applied and/or surrounding the core of the threads. This is taught by Corcoran-Todd in paragraph 0093. Corcoran-Todd teaches a thread or layer of threads can be incorporated in order to bind and teaches the adhesive impregnates the thread of all the layers in order to bind them together and therefore it is clear Corcoran-Todd teaches the claimed bonding of all the thread lines and layers as claimed. In the alternative, Corcoran-Todd teaches impregnation of all the layers and threads and also teaches a layer or threads can be incorporated to bond the layers a together. It would have been obvious to one of ordinary skill in the art to impregnate and bond all the thread and layers together in order to ensure the structure was bonded together securely for integrity and strength and arrive at the claimed invention. The first thread layer, the second thread layer, the third layer, and the polymer matrix form one or more of at least a portion of a shoe upper and at least a portion of a shoe sole [0072 and 0243].
Further Corcoran-Todd teaches “ Once a desired thread pattern is wound, pin plate 1220 is moved to a lower position away from bottom surface 1216 of top plate 1210 as illustrated in FIG. 12C. In some embodiments, pin plate 1220 may be pushed downward by pushing on pins 1250. For example, a plate may push down on pins 1250, thereby forcing pins 1250 down through pin holes 1214. In some embodiments, the plate may push pins 1250 down through pin holes 1214 and pin heads 1252 may pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210. In some embodiments, the plate may be a heated plate that bonds continuous thread(s) wound around pins 1250 when the continuous thread(s) is/are sandwiched between the heated plate and top surface 1212 of top plate 1210. In some embodiments, pins 1250 may be composed of a meltable material (e.g., a thermoplastic material) that bonds continuous thread(s) at pins 1250 when heated. In some embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied after the heated plate is removed.
[0167] In some embodiments, the plate may be a non-heated plate. In such embodiments, pin heads 1252 may pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210 as the plate pushes on them. In such embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied to bond continuous thread(s) wound around pins 1250.
[0168] In embodiments with pins 1250 coupled to pin plate 1220, pin plate 1220, or individual pins 1250, may be pulled downward so that pin heads 1252 pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210. In such embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied to bond continuous thread(s) wound around pins 1250. Pin plate 1220 or individual pins 1250 may be pulled downward with a pneumatic or electromagnetic device, for example. In some embodiments, select pins 1250 may be retracted at specific times during winding step 220 to create a desired thread pattern. Retracting and/or extending pins 1250 at desired times during winding step 220 may be used to tailor characteristics of a thread pattern, such as, strength, support, propulsion, breathability, comfort (stretchability), tackiness, abrasion resistance, texture, haptics, and durability.”. Therefore, again it is abundantly clear Corcoran-Todd teaches the claimed limitations of impregnating during or after winding in the polymeric material coated on the core after winding in paragraphs 0166-0168.
Regarding claim 19, the first and second thread lines are non-woven and non-knitted and non-embroidered thread lines as they are taught as filaments [0073].
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd (PG Pub. 2019/0307208) in view of Corcoran-Tadd et al. (PG Pub. 20220007789 herein after referred to as ‘789) in view of Wyness et al. (US Pat. 3,720,971).
Regarding claims 7-8, The previous combination teaches the layered structure to bond the first, second and third layers via flowable liquid polymer, but is silent regarding the claimed vacuuming. However, Wyness et al. teaches positioning mold (including shoe last) and structure inside a vacuum bag and removing air from the bag to bond the layers in order to conform flat materials to a molded surface. It would have been obvious to one of ordinary skill in the art to use the vacuuming of Wyness et al. in the layered structure to bond the first, second and third layers via flowable liquid polymer in order to conform flat materials to a molded surface and arrive at the claimed invention.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd (PG Pub. 2019/0307208) in view of Manz et al. (US Pat. 11,197,517).
Regarding claims 15, Corcoran-Tadd et al. teach adhesive around the threads (adhesive can be the polymeric material around the core or the bonding material taught by Corcoran-Tadd et al.) are silent regarding the claimed epoxy resin. However, Manz et al. teach epoxy resin to stiffen threads (filaments). It would have been obvious to one of ordinary skill in the art to use the epoxy resin of Manz et al. in Corcoran-Tadd et al. in order to stiffen and strengthen the threads and arrive at the claimed invention.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd (PG Pub. 2019/0307208) in view of Corcoran-Tadd et al. (PG Pub. 20220007789 herein after referred to as ‘789) in view of Manz et al. (US Pat. 11,197,517)..
Regarding claim 17, The previous combination teaches adhesive around the threads (adhesive can be the polymeric material around the core or the bonding material taught by Corcoran-Tadd et al.) are silent regarding the claimed epoxy resin. However, Manz et al. teach epoxy resin to stiffen threads (filaments). It would have been obvious to one of ordinary skill in the art to use the epoxy resin of Manz et al. in the previous combination in order to stiffen and strengthen the threads and arrive at the claimed invention.
Art Not Used but Relevant
PG Pub. 2020/0154816 teaches an article of apparel with first and second continuous threads.
Response to Arguments
Applicant's arguments filed 07/30/2026 have been fully considered but they are not persuasive.
It is first noted that Applicant states claim 13 has been cancelled, but claim 13 still exists in the present claim set. Applicant argues Corcoran-Todd does not teach impregnation during or after winding. Corcoran-Tadd et al. teach impregnating during or after winding (Corcoran-Todd teaches the thread or layer of threads that serve to bond the layers after winding may be heated, for example, to bond and impregnate the layers together therefore it is abundantly clear that the impregnation occurs after winding) the at least a portion of the first continuous thread with a flowable liquid polymer (can be considered either the adhesive taught as applied on the threads or as the polymeric material encapsulating the core) [0079, 0093 and 0185]. In the alternative, Corcoran-Todd teaches impregnation of all the layers and threads and also teaches a layer or threads can be incorporated to bond the layers a together. It would have been obvious to one of ordinary skill in the art to impregnate and bond all the thread and layers together in order to ensure the structure was bonded together securely for integrity and strength and arrive at the claimed invention.
Further Corcoran-Todd teaches “ Once a desired thread pattern is wound, pin plate 1220 is moved to a lower position away from bottom surface 1216 of top plate 1210 as illustrated in FIG. 12C. In some embodiments, pin plate 1220 may be pushed downward by pushing on pins 1250. For example, a plate may push down on pins 1250, thereby forcing pins 1250 down through pin holes 1214. In some embodiments, the plate may push pins 1250 down through pin holes 1214 and pin heads 1252 may pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210. In some embodiments, the plate may be a heated plate that bonds continuous thread(s) wound around pins 1250 when the continuous thread(s) is/are sandwiched between the heated plate and top surface 1212 of top plate 1210. In some embodiments, pins 1250 may be composed of a meltable material (e.g., a thermoplastic material) that bonds continuous thread(s) at pins 1250 when heated. In some embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied after the heated plate is removed.
[0167] In some embodiments, the plate may be a non-heated plate. In such embodiments, pin heads 1252 may pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210 as the plate pushes on them. In such embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied to bond continuous thread(s) wound around pins 1250.
[0168] In embodiments with pins 1250 coupled to pin plate 1220, pin plate 1220, or individual pins 1250, may be pulled downward so that pin heads 1252 pull the continuous thread(s) wound around pins 1250 downward toward top surface 1212 of top plate 1210. In such embodiments, a bonding layer (e.g., bonding layers as described herein) may be applied to bond continuous thread(s) wound around pins 1250. Pin plate 1220 or individual pins 1250 may be pulled downward with a pneumatic or electromagnetic device, for example. In some embodiments, select pins 1250 may be retracted at specific times during winding step 220 to create a desired thread pattern. Retracting and/or extending pins 1250 at desired times during winding step 220 may be used to tailor characteristics of a thread pattern, such as, strength, support, propulsion, breathability, comfort (stretchability), tackiness, abrasion resistance, texture, haptics, and durability.”. Therefore, again it is abundantly clear Corcoran-Todd teaches the claimed limitations of impregnating during or after winding in the polymeric material coated on the core after winding in paragraphs 0166-0168.
Applicant is invited to amend the claims over the cited art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN MCKINNON whose telephone number is (571)272-6116. The examiner can normally be reached Monday thru Friday generally 8:00am-5:00pm EST.
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/Shawn Mckinnon/Examiner, Art Unit 1789
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