DETAILED ACTION
Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are currently pending in this application.
Priority
2. No foreign priority has been claimed. This application claims benefit of provisional application 63/465980, 63/465,969 filed 5/12/2023 and 63/502,223 filed 5/15/2023.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 8/05/2024 and 8/08/2024 have been received. The submission is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement has being considered by the examiner.
Drawings
4. The drawings submitted on 5/10/2024 are in compliance with 37 CFR § 1.81 and 37 CFR § 1.83 and have been accepted by the examiner.
Claim Rejections - 35 USC § 102
5. 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 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.
6. 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.
7. Claims 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dojan et al. US Pat # 9,297,709.
With regards to claim 1, Dojan et al. US Pat # 9,297,709 teaches a sockliner, comprising:
a base component including a first major surface and a processor mount region; (figure 3)
a sensor system overlaying at least a portion of the first major surface, the sensor system including a first sensor element, a connector component located adjacent the processor mount region, and a first electrical conductor connecting the first sensor element and the connector component; and (figures 4, 5 and 7)
a moderator plate partially overlaying the sensor system and the first major surface, the moderator plate at least partially covering the connector component and including a first opening that at least partially overlays the processor mount region. (67;figure 8)
With regards to claim 2, Dojan et al. US Pat # 9,297,709 teaches the moderator plate further includes a second opening that aligns with the first sensor element. (74; figure 8)
With regards to claim 3, Dojan et al. US Pat # 9,297,709 teaches the first sensor element is a heel sensor. (16c; Col. 12, lines 42-44)
With regards to claim 4, Dojan et al. US Pat # 9,297,709 teaches a forwardmost edge of the moderator plate is located in a midfoot region of the sockliner. (figure 8)
With regards to claim 5, Dojan et al. US Pat # 9,297,709 teaches the first major surface of the base component has a recess defined in it, wherein the sensor system includes a base member on which the first sensor element and the first electrical conductor are mounted, and wherein the base member of the sensor system is received in the recess. (figure 3)
With regards to claim 6, Dojan et al. US Pat # 9,297,709 teaches a filler element included in the recess, wherein the filler element extends between the moderator plate and the sensor system. (figure 3)
With regards to claim 7, Dojan et al. US Pat # 9,297,709 teaches the filler element further covers the first sensor element and the first electrical conductor. (figure 8)
With regards to claim 8, Dojan et al. US Pat # 9,297,709 teaches a cover member overlaying the first major surface of the base component, the sensor system, and the moderator plate. (figure 3)
With regards to claim 9, Dojan et al. US Pat # 9,297,709 teaches the sensor system further includes a charging component. (Col. 19, lines 20-25)
With regards to claim 10, Dojan et al. US Pat # 9,297,709 teaches the sensor system includes a base member on which the first sensor element and the first electrical conductor are mounted, wherein at least a portion of the charging component is provided on the base member, wherein a portion of the base member on which at least the portion of the charging component is provided includes an arm that extends beyond a perimeter edge of the base component. (figure 6)
With regards to claim 11, Dojan et al. US Pat # 9,297,709 teaches the sensor system defines a through hole opening positioned adjacent the connector component and at least partially aligning with the processor mount region and the first opening of the moderator plate. (figure 8)
With regards to claim 12, Dojan et al. US Pat # 9,297,709 teaches the connector component includes a connector device exposed in the through hole opening of the sensor system and in the first opening of the moderator plate. (figure8)
With regards to claim 13, Dojan et al. US Pat # 9,297,709 teaches a processing system located in the processor mount region and electrically connected to the connector component of the sensor system. (figure 5, 14A and 15)
With regards to claim 14, Dojan et al. US Pat # 9,297,709 teaches the processing system further includes at least one of an accelerometer or gyroscope sensor. (Col. 20, lines 32-33)
With regards to claim 15, Dojan et al. US Pat # 9,297,709 teaches the processing system includes an electronic module having a connector that engages with the connector component of the sensing system. (figures 14A and 15)
With regards to claim 16, Dojan et al. US Pat # 9,297,709 teaches the base component includes a second major surface opposite the first major surface, the second major surface providing access to the processor mount region, wherein a surface of the electronic module is exposed at the second major surface of the base component. (figure 8)
With regards to claim 17, Dojan et al. US Pat # 9,297,709 teaches the sockliner includes a topmost surface and a bottommost surface opposite the topmost surface, and wherein a thickness dimension of the sockliner measured directly from the topmost surface to the bottommost surface through at least 75% of a surface area of the topmost surface is less than 8 mm. (Col. , lines 60-63)
With regards to claim 18, Dojan et al. US Pat # 9,297,709 teaches footwear upper, comprising:
an upper member including one or more parts forming an interior chamber having a bottom surface; (120;Col. 4, lines 23-35) (figure 1)and
a sockliner received in the interior chamber and supported by the bottom surface of the upper member, (figure 3) (Col. 8, lines 55-58) wherein the sockliner comprises:
a base component including a first major surface and a processor mount region; (figure 3)
a sensor system overlaying at least a portion of the first major surface, the sensor system including a first sensor element, a connector component located adjacent the processor mount region, and a first electrical conductor connecting the first sensor element and the connector component; and (figures 4, 5 and 7)
a moderator plate partially overlaying the sensor system and the first major surface, the moderator plate at least partially covering the connector component and including a first opening that at least partially overlays the processor mount region. (67;figure 8)
With regards to claim 19, Dojan et al. US Pat # 9,297,709 teaches an article of footwear, comprising:
an upper member including one or more parts forming an interior chamber having a bottom component, the bottom component having a top surface and a bottom surface opposite the top surface; (120;Col. 4, lines 23-35) (figure 1)
a sole structure engaged with the bottom surface; (130;Col. 4, lines 23-35) (figure 1)and
a sockliner received in the interior chamber and supported by the top surface, (figure 3) (Col. 8, lines 55-58) wherein the sockliner comprises:
a base component including a first major surface and a processor mount region; (figure 3)
a sensor system overlaying at least a portion of the first major surface, the sensor system including a first sensor element, a connector component located adjacent the processor mount region, and a first electrical conductor connecting the first sensor element and the connector component; (figures 4, 5 and 7) and
a moderator plate partially overlaying the sensor system and the first major surface, the moderator plate at least partially covering the connector component and including a first opening that at least partially overlays the processor mount region. (67;figure 8)
With regards to claim 20, Dojan et al. US Pat # 9,297,709 teaches the bottom component of the upper member completely separates the sockliner from the sole structure. (figure 3)
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mott US Pat # 5,550,635 teaches products incorporating piezoelectric material.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADITYA S BHAT whose telephone number is (571)272-2270. The examiner can normally be reached on Monday-Friday 8 am-6pm.
10. 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.
11. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADITYA S BHAT/Primary Examiner, Art Unit 2857 September 19, 2026
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