DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Species C: Fig. 6: an article of footwear comprising a cable fastening system configured to provide an electrical signal to a wrap; the wrap includes a display device including a plurality of panels connected to one another along a substrate in the reply filed on 11/12/2025 is acknowledged.
Claims 1-7 are identified as reading on the elected species.
Claim 8-10 and 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/12/2025.
Response to Amendment
Applicant’s preliminary amendment of 09/08/2025 is acknowledged wherein claims 1 and 8 are amended.
Applicant’s further amendment of 11/12/2025 is acknowledged wherein claims 8-10 and 13-20 are identified as withdrawn.
Claims 1-10 and 13-20 are presented.
Claims 8-10 and 13-20 are withdrawn.
The present Office action treats claims 1-7 on the merits.
The present Office action is a non-final rejection.
Claim Objections
Claims 4, 5, and 6 are objected to because of the following informalities:
Claim 4 line 2: “an upper” should be --the upper--
Claim 5 lines 1-2: “the footwear” should be --the article of footwear--
Claim 6 line 2: “a sole” should be --the sole structure--
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 4, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Li, CN-203969349-U] in view of [Radivojevic, WO-2008151642-A1] and [Chang, DE-202018103291-U1].
Regarding claim 1:
Li discloses:
An article of footwear (“shoe”; para 21; no specific numeral provided therefor; elements thereof identified hereinbelow) comprising:
a power source 12,
a cable fastening system 21 configured to communicate with a mobile phone (para 26), wherein the cable fastening system 21 is configured to provide an electrical signal to the mobile phone (para 26),
wherein the cable fastening system 21 is configured to tighten the article of footwear (fastening system 21 is twined through each of 24 “like shoelace holes on common shoes” arranged “in two rows” on 2 (para 30) such that it is configured to tighten an article of footwear);
wherein an upper 2 is joined to a sole structure 1 along a boundary (Figs. 1-2).
Li does not expressly disclose
A display system for an article of footwear, the display system comprising: a display device that includes an optoelectronic display; a control module that is configured to communicate with the display device; and a power source, wherein the display device is connected to a cable fastening system, wherein the cable fastening system is configured to provide an electrical signal to the display device, wherein the cable fastening system is configured to tighten the article of footwear, wherein an upper is joined to a sole structure along a boundary, and wherein a portion of the boundary functions as an electrical contact.
However and in further view of Li:
Li is configured to receive a “mobile phone” within the “mobile phone bag 25” while “the shoelace 21 is...fixed on the vamp 2” and mobile phone connector 212 is connected with the mobile phone and plug 211 is connected with USB interface 22 for the purpose of providing electrical signal to the mobile phone (para 29).
Li does not expressly state the mobile phone comprises a display device that includes an optoelectronic display and a control module that is configured to communicate with the display device.
Radivojevic teaches and within the context of footwear (“shoe”; Abstract; “SHOE”; title) a mobile phone (“mobile telephone”; p. 9 line 25) that comprises a display device 3 that includes an optoelectronic display (“made of an LCD with...back lighting, such as a TFT”; p. 11 lines 9-10); and a control module 18 (i.e. “processor 18”; p. 11 line 16) that is configured to communicate with the display device (“processor 18...controls the operation of the” mobile phone and “forms the interface for...the graphical display 3”; p. 11 lines 15-16; p. 12 lines 6-8; Fig. 2).
It 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 to have modified the article of footwear of Li such that it is provided with a mobile phone comprising a display device that includes an optoelectronic display and a control module that is configured to communicate with the display device within its mobile phone bag 25 and further wherein its cable fastening system is connected with the mobile phone in order to permit the user to charge the mobile phone whose display device and control module are configured such that a user of the mobile phone can see via the display device information displayed thereon and operate the mobile phone and its display device via the control module thereof. In adopting the modification, one would arrive at:
A display system (the system of the modified Li) for an article of footwear, the display system comprising: a display device (of the mobile phone) that includes an optoelectronic display; a control module (of the mobile phone) that is configured to communicate with the display device; and a power source (as in Li and as set forth hereinabove), wherein the display device is connected to a cable fastening system (via the cable fastening system being connected with the mobile phone and the USB interface), wherein the cable fastening system is configured to provide an electrical signal to the display device (via the charging of the mobile phone as described in Li para 29), wherein the cable fastening system is configured to tighten the article of footwear (as in Li and as set forth hereinabove), wherein an upper is joined to a sole structure along a boundary (as in Li and as set forth hereinabove).
The modified Li does not meet the limitation and wherein a portion of the boundary functions as an electrical contact.
In Li, the “current outlet 121 is electrically connected with the USB interface 22” whereby electricity “can flow out from the current outlet 121 and then reaches the USB interface 22 through” a “lead” (para 28).
However, Chang teaches a shoe (Title) wherein (Fig. 7) an upper 121 is joined to a sole structure 124 along a boundary (the boundary between “side wall 121” and “bottom surface 121”; para 18). Chang further teaches wherein a portion of the boundary (i.e. the portion of the boundary that includes wire 30 and its part 32 which are “attached to the seam...122” that sews together the upper and the sole structure; para 18; Fig. 7) functions as an electrical contact (wire 30 and its part 32 are “for electrical contact” (para 15)).
It 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 to have modified the modified Li such that a portion of the boundary functions as an electrical contact, as in Chang, in order to yield the predictable result of a display system whose electrical lead (i.e. the lead connecting outlet 121 and interface 22) is held securely in place within the boundary as the electrical lead extends between connecting outlet 121 and interface 22.
Regarding claim 2:
Li in view of Radivojevic and Chang teach The display system of claim 1, as set forth above.
Li further discloses wherein the cable fastening system includes at least one cable having a conductive material (shoelace 21 is a cable and is configured to conduct electricity therethrough (para 26) such that cable fastening system 21 includes at least one cable having a conductive material).
Regarding claim 4:
Li in view of Radivojevic and Chang teach The display system of claim 1, as set forth above.
Li further discloses wherein the display device at least partially conceals an exterior layer of an upper.
(Display device is provided as a component of the mobile phone within mobile phone bag 25; accordingly, display device at least partially conceals a layer of the upper behind the mobile phone).
Regarding claim 6:
Li in view of Radivojevic and Chang teach The display system of claim 1, as set forth above.
Li further discloses wherein the cable fastening system extends between a wrap 24 (i.e. one of 24 wherein the “tape” 24 also referred to as “knot” 24 is configured to wrap around the cable fastening system 21 traversing therethrough such that it a tape/knot 24 is a wrap as claimed and a sole 1 (it is noted that wrap 24 is provided above cable fastening system and sole 1 is provided below the cable fastening system such that cable fastening system is extending between wrap 24 and sole 1) of the article of footwear along a lateral side of the article of footwear (para 30; Fig. 2).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Li, CN-203969349-U], [Radivojevic, WO-2008151642-A1], and [Chang, DE-202018103291-U1] as applied to claim 1 above, and further in view of [Eim, US 2016/0250099].
Regarding claim 3:
Li in view of Radivojevic and Chang teach The display system of claim 1, as set forth above.
The modified Li further meets the limitation wherein a characteristic (i.e. the transfer of charge for the purpose of charging) is configured to change by actuation of the cable fastening system to tighten the footwear (Li is configured that upon actuating and tightening the cable fastening system 21, the fastening system 21 and its mobile phone connector 212 are capable of being brought to and connected to the mobile phone for the purpose of charging).
Li does not expressly disclose wherein a visual characteristic of the display device is configured to change by actuation of the cable fastening system to tighten the footwear.
However, Eim teaches a mobile phone (para 61) within the context of shoes (Abstract) wherein a visual characteristic of a display device is configured to change upon actuation into a charged state: “when the user puts the...device 200 on” a “charger 400, the...device starts to be charged and an indicator for indicating a state of charge may be displayed” (para 204).
It 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 to have modified the modified Li such that a visual characteristic of the display device is configured to change by actuation of the cable fastening system to tighten the footwear in order to indicate to a user that the mobile phone is charging when it is charging, as suggested by Eim (para 204).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Li, CN-203969349-U], [Radivojevic, WO-2008151642-A1], and [Chang, DE-202018103291-U1] as applied to claim 1 above, and further in view of [Oumnia, US 2020/0289028].
Regarding claim 5:
Li in view of Radivojevic and Chang teach The display system of claim 1, as set forth above.
Li further discloses wherein the power source is electrically connected to a charging port 22 at a heel end of the footwear (Fig. 1, wherein the term “at” means “In or near the area occupied by; in or near the location of”; at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved March 4 2026 from https://www.thefreedictionary.com/at).
Li does not expressly disclose the charging port 22 is selectively covered by a tab located at the heel end of the footwear.
However, Oumnia teaches a shoe port selectively covered by a tab: “the removable tab or USB cover allows to protect the USB port from foreign objects. For example, the removable tab can be used to protect the USB port from water or dust”; para 115.
It 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 to have modified the modified Li such that its charging port is selectively covered by a tab located at the heel end of the footwear in order to permit one to protect the port from foreign objects, water, and/or dust, as taught by Oumnia (para 115).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Li, CN-203969349-U], [Radivojevic, WO-2008151642-A1], and [Chang, DE-202018103291-U1] as applied to claim 1 above, and further in view of [Calabrese, US 5,955,957].
Regarding claim 7:
Li in view of Radivojevic and Chang teach The display system of claim 1, as set forth above.
Li does not expressly disclose wherein the cable fastening system includes a second display device comprising a second optoelectronic display.
However, Calabrese teaches a cable fastening system 9101 (“lace...[] 910)”; para 102) including a display device comprising an optoelectronic display (“Tubular EL panel light device”; para 102). Calabrese further teaches the optoelectronic display is appropriate for “consumer application such as... lighting,...Decoration device for Safety, Decorating...Warning light, Accent light, illumination light” (para 24).
It 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 to have modified the modified Li such that its cable fastening system is includes a second display device comprising a second optoelectronic display in order to provide illumination, safety, and/or decoration to the display system as taught by Calabrese (para 24).
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732