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 .
This is in response to Applicant’s amendment in which claims 1, 9, 17, and 19 have been amended, claims 15-16 and 18 have been canceled, claims 21-23 have been added, and claims 1-14, 17, and 19-23 remain pending.
Terminal Disclaimer
The terminal disclaimer filed on 10/15/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 11,992,081 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claim 23 is objected to because of the following informalities: Claim 23 does not have a period at the end. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 9-14, 17, 19, and 20-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Issler (US 2010/0319214).
Regarding claim 9, Issler discloses a footwear product comprising: at least one bladder (60); wherein the at least one bladder comprises a plurality of chambers (62, 64, 66), a top surface and a bottom surface; wherein the plurality of chambers are located in between the top surface and the bottom surface (Fig. 2); and wherein the at least one bladder comprises a liner (wherein the bladder may be placed on top of footbed 106 or act as the sole insole/liner: paragraph 0145; Fig. 7); wherein at least one of the plurality of chambers is filled with at least one filler (72, 74, 76); wherein the top surface comprises at least two functional outer surfaces (wherein the chambers may be made of different materials, for example rubber, cloth, or canvas; paragraph 0052) which are separate from one another and wherein the bottom surface comprises at least two functional outer surfaces (wherein the chambers may be made of different materials, for example rubber, cloth, or canvas; paragraph 0052) which are separate from one another; wherein the at least one bladder further comprises at least one baffle (90) which controls flow of the at least one filler (paragraphs 0039-0041, 0046-0048, 0052; Fig. 1-6c).
Regarding claim 10, Issler discloses that the at least one bladder is reversibly placeable inside the footwear (wherein the bladder is loose and capable of being reversibly placed).
Regarding claim 11, Issler discloses that the at least one bladder comprises a longitudinal axis, and wherein the at least one baffle is placed at an angle relative to the longitudinal axis (paragraph 0047; Fig. 4a).
Regarding claim 12, Issler discloses that the at least one bladder further comprising multiple baffles which are at different angles from one another (paragraph 0047; Fig. 4a).
Regarding claim 13, Issler discloses that the at least one baffle is a permeable membrane (paragraph 0048; Fig. 5a-5d).
Regarding claim 14, Issler discloses an upper (50), at least one footbed (106), an outsole (108) and at least one spacer (110) (paragraph 0145; Fig. 7).
Regarding claim 17, Issler discloses a footwear product comprising: a sole (108); an upper (50); a bladder (60); wherein the bladder is filled with at least one filler (72, 74, 76); wherein the bladder comprising a top and a bottom; wherein the top comprises at least two functional outer surfaces which are separate from one another (wherein the chambers of the bladder may be made of different materials, for example rubber, cloth, or canvas; paragraph 0052); wherein the bottom comprises at least two functional outer surfaces which are separate from one another (wherein the chambers of the bladder may be made of different materials, for example rubber, cloth, or canvas; paragraph 0052); wherein all of the functional outer surfaces have physical characteristics different from each other (wherein the surfaces may be made of different materials and have different shapes); wherein the bladder has a profile analogous with a shape of a foot of a wearer (Fig. 1, 7) and is configured to be oriented with either the top in contact with a foot of a wearer or the top in contact with a footbed of the footwear (wherein the bladder is capable of being oriented with either side facing upwards or downwards); wherein the bladder further comprises at least one baffle (90) which controls flow of the at least one filler (paragraphs 0039-0041, 0046-0048, 0052; Fig. 1-6c).
Regarding claim 19, Issler discloses that the bladder further comprises ridges and/or grooves (grooves between chambers; Fig. 6a-6c).
Regarding claim 20, Issler discloses that the at least one baffle is a permeable membrane (paragraph 0048; Fig. 5a-5d).
Regarding claim 21, Issler discloses that the at least one bladder further comprises ridges and/or grooves (grooves between chambers; Fig. 6a-6c).
Regarding claim 22, Issler discloses that the bladder further comprising multiple baffles which are at different angles from one another (paragraph 0047; Fig. 4a).
Regarding claim 23, Issler discloses an upper (50), at least one footbed (106), an outsole (108) and at least one spacer (110) (paragraph 0145; Fig. 7)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Issler (US 2010/0319214) in view of Celia (US 7,908,772) and Langvin et al. (US 7,845,095), herein Langvin.
Regarding claim 1, Issler discloses a footwear product comprising: a bladder (60) which is removably and reversibly placeable inside the footwear (wherein the bladder is loose and capable of being reversibly placed); wherein the bladder further comprises a top and a bottom; wherein the bladder further comprises at least a first and a second chamber (62, 64, 66) in between the top and the bottom; wherein the first chamber is filled with a first filler (72); wherein the second chamber is filled with a second filler (74); wherein the top comprises at least a first and a second functional outer surfaces (wherein the chambers may be made of different materials, for example rubber, cloth, or canvas; paragraph 0052); wherein the bottom comprises at least a first and a second functional outer surfaces (wherein the chambers may be made of different materials, for example rubber, cloth, or canvas; paragraph 0052); wherein all of the functional outer surfaces have physical characteristics different from each other (wherein the surfaces may be made of different materials and have different shapes); wherein at least one of the chambers comprises at least one baffle (90) which controls flow of at least one of the fillers (paragraphs 0039-0041, 0046-0048, 0052; Fig. 1-6c).
Issler does not disclose a plurality of bladders. Celia teaches a footwear product with a plurality of inserts (footbeds 36), each insert having different physical characteristics (column 4, lines 30-57). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a plurality of bladders, as taught by Celia, in order to allow a user to select the insert/bladder which best matches their needs.
The combination of Issler and Celia does not disclose that at least one of the bladders is generally symmetrical about a longitudinal axis. Langvin teaches a footwear product including a cushioning insert (200). The insert is symmetrical about a longitudinal axis, providing increased manufacturing efficiency, and allowing the insert to accommodate either a right foot or a left foot (column 6, line 14-column 7, line 2; Fig. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make at least one of the bladders of Issler and Celia symmetric about a longitudinal axis in order to allow the bladder to accommodate either a right foot or a left foot, increasing manufacturing efficiency and simplifying construction.
Regarding claim 2, Issler discloses that the first filler and the second filler have different densities (paragraph 0043).
Regarding claim 3, Issler discloses that the at least one baffle is a permeable membrane (paragraph 0048; Fig. 5a-5d).
Regarding claim 4, Issler discloses that at least one of the functional outer surfaces may be cloth (paragraph 0052), but does not specifically disclose a non-woven fiber. Celia teaches that an insert functional surface may include a non-woven fiber (column 9, lines 25-35). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make at least one of the functional surfaces a non-woven fiber, as taught by Celia, in order to use a material well known in the art for shoe inserts, which provides strength, moisture wicking, and comfort to the foot.
It further would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a non-woven fiber having a hardness of approximately 0-70 measured on the Shore durometer Scale O in order to use a material providing sufficient support and durability. 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 as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 5, Issler discloses that the at least one of the plurality of bladders further comprises an arch support (Fig. 6a-6b).
Regarding claim 6, Issler discloses the at least one of the plurality of bladders further comprises an affixing mechanism (stitching) which affixes the at least one of the plurality of bladders with the footwear (paragraph 0148; Fig. 10).
Regarding claim 7, Issler does not disclose a bactericide. Celia teaches that a footwear insert (footbed) may include a bactericide or odor reducing property (column 6, lines 1-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a bactericide, as taught by Celia, to one of the functional outer surfaces of Issler in order to reduce odor within the footwear element.
Regarding claim 8, Issler discloses that the at least one of the plurality of bladders further comprises a third chamber (66) filled with a third filler (76), a third functional outer surface on the top, and a third functional outer surface on the bottom.
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Regarding claim 9, Applicant argues that the features of the chamber being located between a top and bottom surface, and the liner, distinguishes the instant invention from the prior art. However, as clearly discussed in the 35 USC 102 rejection above, Issler does disclose that the chamber is located between a top and bottom surface (see at least Fig. 2), and that the bladder comprises a liner (see paragraph 0145; Fig. 7).
Regarding claim 17, Applicant argues that none of the prior art discloses, teaches, suggests, or motivates the newly added limitation. However, as clearly discussed in the 35 USC 102 rejection above, Issler does disclose this limitation. Issler discloses that the bladder has a profile analogous with a shape of a foot of a wearer (as seen in Fig. 1, 7) and is configured to be oriented with either the top in contact with a foot of a wearer or the top in contact with a footbed of the footwear (wherein the bladder is capable of being oriented with either side facing upwards or downwards)
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 EST.
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/SHARON M PRANGE/ Primary Examiner, Art Unit 3732