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 .
Claim Rejections - 35 USC § 103
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 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) 1-3, 5, 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Giedwoyn et al. (2016/0016041—hereinafter, Gied).
Regarding claim 1, Gied discloses an article of footwear (fig.1), comprising: a sole (130, fig.1 having an insole 133, midsole 131, outsole 132) structure; an upper (120), coupled to the sole structure and forming a void configured to admit a foot of a wearer (fig.1); a liner (133/12 fig.7), configured to be inserted in the void and extend along the sole structure, comprising: a structure (fig.6) configured to cushion the foot of the wearer; a sensor (13, fig.7) positioned in the structure configured to determine a property of the foot of the wearer; an electronic module (22, fig.9, 20), configured to be communicatively coupled to the sensor, positioned in the structure; and a flexible electronic tab (17, fig.20, par [0099]). But does not disclose the flexible electronic tab operatively coupled to the electronic module, configured to protrude from the structure and extend up along a side of the upper. However, it would have been obvious matter of design choice to one of ordinary skill in the art before the effective filling date of the claimed invention to position the antenna 17 protrude from the structure and extend up along a side of the upper for Gied, such modification would be considered a mere design choice involves routine skill in the art.
Regarding claims 2-3, Gied discloses wherein the electronic tab comprises an antenna (17) configured to communicatively couple to an external antenna (par [0099]);
wherein the electronic module includes a rechargeable power source and wherein the antenna is a recharge antenna configured to generate a current based on the external antenna and provide the current to the rechargeable power source (par [0098]).
Regarding claim 5, Gied discloses wherein the electronic module includes a wireless transceiver and wherein the antenna is a radio frequency antenna operatively coupled to the transceiver and configured to transmit data to and receive data from the external antenna (fig.5 shows the antenna 17 is transmitting and receiving data to and from 108).
Regarding claims 7-11, Gied discloses the article of footwear of claim 2, wherein flexible electronic tab includes an electrode configured to be operatively coupled to an external contact (22/17, fig.20, par [0099]); wherein the electronic module includes a rechargeable power source and wherein the electrode is a recharge electrode configured to operatively coupled to an external power source by way of the external contact and provide current to the rechargeable power source (par [0108]); wherein the recharge electrode is configured to contact with the external contact in a predetermined orientation (par [0108]); wherein the recharge electrode is configured to contact with the external contact across a circular range of orientations (par [0108]); wherein the recharge electrode comprises: a central electrode; and a circular electrode substantially encircling the central electrode (fig.7).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Giedwoyn et al. (2016/0016041—hereinafter, Gied) in view of Dassler (4703445).
Regarding claim 4, Gied does not disclose the antenna structure is an inductive coil. However, Dassler teaches another footwear (fig.1) having an upper attached to a sole, fig.1; the fig.1-4 show the electronic system having a sensor 11, a switch 28 and having an inductance coil or antenna coil, col.3, lines 60-col.4, lines 12. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide an inductive coil antenna for Gied as taught by Dassler in order to receive and transmit signal in and out of the footwear article.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Giedwoyn et al. (2016/0016041—hereinafter, Gied) in view of Beers et al. (2015/0289596—hereinafter, Gied).
Regarding claim 6, Gied discloses the article of footwear of claim 5, wherein the antenna is a first antenna and wherein the flexible electronic tab further includes a second antenna (17); wherein the electronic module includes a rechargeable power source (par [0098] Gied). But Gied does not the second antenna is a recharge antenna configured to generate a current based on the external antenna and provide the current to the rechargeable power source. However, Beers teaches another footwear (fig.1) having an upper attached to a sole, fig.1; [0053] Rechargeable batteries could be recharged in place or removed from an article for recharging. In some embodiments, charging circuitry could be built in and on board. In other embodiments, charging circuitry could be located in a remote charger. In another embodiment, inductive charging could be used for charging one or more batteries. For example, a charging antenna could be disposed in a sole structure of an article and the article could then be placed on a charging mat to recharge the batteries. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide a recharge antenna of Beers for the second antenna of Gied in order to provide signal transmittable and receivable from another electronic devices.
Response to Arguments
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Applicant argues that Giedwoyn fails to teach “a flexible electronic tab, operatively coupled to the electron module, configured to protrude from the structure and extend up along a side of the upper, see the Remarks,”.
The Examiner disagrees, because in pr [0099] states [0099] In a wireless embodiment, the module 22 may be connected to an antenna 17 for wireless communication (see FIG. 20). The antenna 17 may be shaped, sized, and positioned for use with the appropriate transmission frequency for the selected wireless communication method. Additionally, the antenna 17 may be located internally within the module 22 or external to the module. In one example, the sensor system 12 itself (such as the leads 18 and conductive portions of the sensors 16) could be used to form an antenna. The module 22 may further be placed, positioned, and/or configured in order to improve antenna reception, and in one embodiment, may use a portion of the user's body as an antenna. In one embodiment, the module 22 may be permanently mounted within the footwear 100, or alternately may be removable at the option of the user and capable of remaining in the footwear 100 if desired. Additionally, as further explained below, the module 22 may be removed and replaced with another module 22 programmed and/or configured for gathering and/or utilizing data from the sensors 16 in another manner. If the module 22 is permanently mounted within the footwear 100, the sensor system 12 may further contain an external port (not shown) to allow for data transfer and/or battery charging, such as a USB or Firewire port. It is understood that the module 22 may be configured for both contacted and contactless communication. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that the antenna 17 is configured to rearrange along a side of the upper of the footwear, such modification would be considered a mere rearranging the known part involves routine skill in the art.
Therefore, applicant’s arguments have not found persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732