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
Claims 6, 11, 17, 23 and 31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 June 29, 2026.
Applicant’s election without traverse of claims 1-5, 7-10, 12-16, 18-22, 24-30 and 32 in the reply filed on June 29, 2026, is acknowledged.
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) 1-5, 9-10, 12, 15-16, 18, 21-22, 24-27, 30 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2017/0245581 to McFarland.
Regarding Claims 1-5, 9-10, 12, 15-16, 18, 21-22, 24-27, 30 and 32
McFarland teaches a knit textile for an article such as footwear/apparel/sporting equipment/upper having a first textile zone and a second textile zone on the outer-facing surface of the article wherein the second textile zone comprises a thermoformed network of yarns (McFarland, abstract). McFarland teaches that the thermoformed network of yarns comprises a core yarn and a first polymeric composition surrounding at least a portion of the core yarn and occupies at least a portion of spaces between the yarns and comprising a thermoplastic elastomer such as thermoplastic polyurethane (Id., paragraph [0036], claim 6). McFarland teaches that certain areas may comprise more resin than others such as wherein the second portion comprises a higher concentration of the first polymeric composition than the first portion (Id., paragraphs [0035]- [0037], [0047]). McFarland teaches that the thermoformed portion may be textured and would therefore have a higher coefficient of friction than the first portion when measured using one or more of the same tests chosen from dry-static, dry-dynamic, wet-static, or wet-dynamic coefficient of friction test (Id., paragraph [0040]). Alternatively, the relative coefficient of friction is a result effective variable. As coefficient of friction for the second textile zone increases, the material exhibits improved grip, surface texture and aesthetic feel variation relative to the first textile zone. Absent unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the relative coefficient of friction, since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). In the present invention one would have been motivated to optimize the relative coefficient of friction in order to provide an aesthetically pleasing perceived textural difference between the second and first textile zones.
Claim(s) 7, 13, 19 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over McFarland as applied to claims 1-5, 9-10, 12, 15-16, 18, 21-22, 24-27, 30 and 32, in view of US Pub No. 2009/0313856 to Arizumi.
Regarding Claims 7, 13, 19 and 28
McFarland does not appear to teach the hardness of the first polymeric composition. However, Arizumi teaches an article of footwear wherein the upper portion may be formed of a polymeric composition having a 60 to 75 on a Shore A scale which overlaps the claimed range of between 70 and 80 (Arizumi, abstract, paragraph [0030], [0048]- [0049]). Arizumi teaches that this hardness provides enhanced gripping properties (Id.). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the article of McFarland and to utilize the hardness outlined by Arizumi, motivated by the desire to form a conventional footwear article having improved gripping properties which would benefit in sports applications.
Claim(s) 8, 14, 20 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over McFarland as applied to claims 1-5, 9-10, 12, 15-16, 18, 21-22, 24-27, 30 and 32, in view of US Pub No. 2017/0127753 to Kohatsu.
Regarding Claims 8, 14, 20 and 29
McFarland does not appear to teach a lubricant included in the thermoformed network of yarn. However, Kohatsu teaches an article of footwear including lubricant materials such as oil to improve the cushioning effect of the article (Kohatsu, abstract, paragraphs [0072]- [0079]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the article of McFarland and to include lubricating oil within the thermoformed network of yarns as taught by Kohatsu, motivated by the desire to form a conventional footwear article having improved cushioning properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT A TATESURE whose telephone number is (571)272-5198. The examiner can normally be reached Monday-Friday 7:30AM-4PM EST.
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/VINCENT TATESURE/Primary Examiner, Art Unit 1786
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