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 1 (Fig. 1A-2B), a (Fig. 1A-2B), A (Fig. 1A-5B), and i (Fig. 1A-1I, 3A-3B, 5A-7) in the reply filed on 08/18/2025 is acknowledged.
Claims 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 08/18/2025.
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 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.
Claim(s) 1-3, 5-8, 11, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caston, Jr. (US 2017/0013915), herein Caston.
Regarding claim 1, Caston discloses a fluid system, comprising: a fluid line (21a, 31b) having a fluid line wall made at least in part from a first flexible material; and an inflated fluid chamber (valve 40, including tube 44 and check valve 41) having a chamber wall (outer wall of 44 and flaps of 41) made at least in part from a second flexible material, wherein the second flexible material is the same as or different from the first flexible material, wherein a portion of the inflated fluid chamber is positioned adjacent a portion of the fluid line (wherein the fluid chamber is adjacent the rear portion of 21a and the front portion of 31b), wherein the inflated fluid chamber contains fluid at a first pressure, wherein: (i) when fluid pressure in the fluid line is below a first threshold value, the chamber wall is positioned to stop fluid flow through the fluid line (as in Fig. 4), and (ii) when fluid pressure in the fluid line is greater than a second threshold value, the chamber wall is positioned to allow fluid flow through the fluid line (paragraphs 0024-0025), wherein the first threshold value is less than or equal to the first pressure, and wherein the second threshold value is greater than or equal to the first pressure (paragraphs 0018, 0021, 0023-0025, 0027, 0030; Fig. 1, 3A, 4).
Regarding claim 2, Caston discloses a first foot support bladder chamber (30) in fluid communication with the fluid line (Fig. 3A).
Regarding claim 3, Caston discloses that the fluid line and the first foot support bladder chamber comprise a unitary, one piece construction (Fig. 3A, 4).
Regarding claim 5, Caston discloses a fluid container (20) in fluid communication with the fluid line, wherein the fluid line extends between the first foot support bladder chamber and the fluid container (Fig. 3A), and wherein the inflated fluid chamber controls fluid flow through the fluid line between the first foot support bladder chamber and the fluid container (Fig. 4).
Regarding claim 6, Caston discloses that the fluid container comprises a second foot support bladder chamber (paragraph 0018).
Regarding claim 7, Caston discloses that the first foot support bladder chamber comprises a heel support bladder chamber and the second foot support bladder chamber comprise a forefoot support bladder chamber (paragraphs 0018, 0021; Fig. 3A).
Regarding claim 8, Caston discloses that the first foot support bladder chamber, and the fluid container comprise a unitary, one piece construction (Fig. 3A, 4).
Regarding claim 11, Caston discloses a fluid container (20) in fluid communication with the fluid line, wherein the inflated fluid chamber controls fluid flow through the fluid line to and/or from the fluid container.
Regarding claim 16, Caston discloses that when the fluid pressure in the fluid line is below the first threshold value, the inflated fluid chamber pinches the fluid line shut (wherein the flaps of check valve 41 are pinched shut).
Regarding claims 17 and 19, Caston discloses an article of footwear (shoe) comprising: a sole structure for an article of footwear, comprising: a sole/footwear component (12, 14); and a fluid system engaged with the sole component, wherein the fluid system includes: a fluid line (21a, 31b) having a fluid line wall made at least in part from a first flexible material; and an inflated fluid chamber (valve 40, including tube 44 and check valve 41) having a chamber wall (outer wall of 44 and flaps of 41) made at least in part from a second flexible material, wherein the second flexible material is the same as or different from the first flexible material, wherein a portion of the inflated fluid chamber is positioned adjacent a portion of the fluid line (wherein the fluid chamber is adjacent the rear portion of 21a and the front portion of 31b), wherein the inflated fluid chamber contains fluid at a first pressure, wherein: (i) when fluid pressure in the fluid line is below a first threshold value, the chamber wall is positioned to stop fluid flow through the fluid line (as in Fig. 4), and (ii) when fluid pressure in the fluid line is greater than a second threshold value, the chamber wall is positioned to allow fluid flow through the fluid line (paragraphs 0024-0025), wherein the first threshold value is less than or equal to the first pressure, and wherein the second threshold value is greater than or equal to the first pressure (paragraphs 0018, 0021, 0023-0025, 0027, 0030; Fig. 1, 3A, 4).
Regarding claims 18 and 20, Caston disclose a first foot support bladder chamber (30) in fluid communication with a first end of the fluid line; and a second foot support bladder chamber (20) in fluid communication with a second end of the fluid line, wherein the portion of the inflated fluid chamber positioned adjacent the portion of the fluid line is located between the first end and the second end, and wherein the first foot support bladder chamber comprises a heel support bladder chamber and the second foot support bladder chamber comprise a forefoot support bladder chamber (paragraphs 0018, 0021; Fig. 3A).
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) 4, 9, 10, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caston, as applied to claims 1, 2, and 5, in view of Acheson et al. (US 7,546,696), herein Acheson.
Regarding claims 4, 9, and 10, Caston does not disclose a multi-layer laminate construction. Acheson teaches that a bladder element in a footwear sole may be formed of a multi-layer laminate construction (for example including a thermoplastic film and a substrate: column 5, lines 39-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the fluid line, bladder chambers, inflated fluid chamber, and/or the fluid container with a multi-layer laminate construction, as taught by Acheson, in order to use a material well-known for use in footwear bladders which is flexible, fluid-tight, and tear-resistant.
Regarding claims 14 and 15, Caston discloses that a portion of the fluid line wall and a portion of the chamber wall are formed from a single sheet of material (Fig. 4), and that the fluid line and the inflated fluid chamber are on opposite sides (for example the left side and the right side as seen in Fig. 4) of a single sheet of material.
Caston does not disclose that the material is a thermoplastic material. Acheson teaches that a bladder element in a footwear sole may be formed of a thermoplastic film, which may be sealed to form a fluid-tight chamber (column 4, line 54-column 5, line 29). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the material of Caston a thermoplastic material, as taught by Acheson, in order to use a material well-known for use in footwear bladders, which provides a fluid-tight chamber.
Conclusion
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 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