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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/05/2026 has been entered.
Claims 1-2, 4-14, 16-18 and 21-24 are pending in this application. Any rejection(s) and/or objection(s) made in the previous Office Action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 01/05/2026.
Specification
The disclosure is objected to because of the following informalities: the abstract and the specification (at least in paras. 0004, 0023, 0029-0030, 0032, 0035, 0044, 0049-0053) include a plurality of "yam" and "yams" which appear to be "yarn" and "yarns" respectively.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 21-22 each recite the limitation "the tongue comprises one or more yarns formed of an elastic material". Applicant refers to para. 0035 as the support. However, the description in para. 0035 does not provide sufficient support for the elastic material being included in "one or more yarns". The specification does not provide a basis for whether one yarn or two yarns or even more yarns being formed of an elastic material, or "one or more yarns" formed of an elastic material. The limitation encompasses a scope that is not set forth in the original disclosure; therefore, the limitation constitutes new matter.
Claim 23 recites the limitation "the throat comprises one or more yarns formed of an elastic material". Applicant refers to para. 0035 as the support. However, the description in para. 0035 does not provide sufficient support for the elastic material being included in "one or more yarns". The specification does not provide a basis for whether one yarn or two yarns or even more yarns being formed of an elastic material, or "one or more yarns" formed of an elastic material. The limitation encompasses a scope that is not set forth in the original disclosure; therefore, the limitation constitutes new matter.
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 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.
Claims 1-2, 4, 18, 21 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Podhajny (US 2015/0216253 A1) in view of Dua (US 2004/0118018 A1).
Regarding claim 1, Podhajny discloses an article of footwear (footwear 100; fig. 1; para. 0027; claim 1), comprising:
an upper (upper 120; fig. 1; para. 0027), comprising:
a knitted component (figs. 1, 6; paras. 0034, 0049), comprising:
a fused area (a fused portion; paras. 0044, 0085) comprising at least a first region (a first sub-area comprising multiple courses; paras. 0044, 0085) comprising a plurality of first courses (fig. 6; para. 0049) and a plurality of second courses (fig. 6; para. 0049), each course within the plurality of first courses comprising a first yarn (a first fusible yarn; paras. 0042, 0044, 0085) having a first thermoplastic polymer material composition (paras. 0044, 0085);
the first thermoplastic polymer material composition having a first melting temperature (inherent feature); and
a tongue (formed by disconnecting throat portion 134 along lateral and medial sides through instep area 150; figs. 1, 6; para. 0032) that excludes the fused area (throat portion 134, i.e., the tongue, formed of yarns of natural fibers; figs. 1, 6; paras. 0032, 0042, 0045, 0056-0057) and has a higher elasticity than the fused area (additional stretchability provided by using an elastic yarn for throat portion 134, i.e, the tongue; para. 0057).
Podhajny does not explicitly disclose each course within the plurality of second courses comprising a second yarn having a second thermoplastic polymer material composition, and the second thermoplastic polymer material composition having a second melting temperature that is at least 20 degrees Celsius greater than the first melting temperature. However, Podhajny does disclose wherein different areas include yarns of different materials that are specially selected to vary properties throughout the upper (paras. 0042-0043). Further, Dua, in an analogous art, teaches an article of footwear (shoe 100; fig. 1; paras. 0032, 0036) comprising a knitted component (knitted textile 130 formed by interlooping, i.e., knitting; fig. 1; paras. 0036, 0046), the knitted component comprising a fused region (fused region 134; fig. 1; paras. 0036, 0041), the fused region comprising a plurality of first courses and a plurality of second courses, each of the plurality of first and second courses comprising a plurality of fusible strands (figs. 4A-4D; paras. 0046-0047, 0051-0052), each of the fusible strands being formed of various combinations of thermoplastic polymer materials, such as polyurethane, nylon, and polyolefin (figs. 4A-4D; paras. 0046-0047, 0051), and the plurality of fusible strands may be any of the strands in a variety of melting temperatures, including 60, 90, 130, and 150 degrees Celsius (para. 0046). Dua also teaches using multiple fusible strands with different melting temperatures in the knitted component has the advantage of selectively melting a first fusible strand having a lower melting point T1 to fuse the first fusible strand with other strands by raising temperature just above T1 but below a higher melting point T2 of a second fusible strand, and the second fusible strand does not need to be melted (para. 0047). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the knitted component as disclosed by Podhajny, with each course within the plurality of second courses comprising a second yarn having a second thermoplastic polymer material composition, and the second thermoplastic polymer material composition having a second melting temperature that is at least 20 degrees Celsius greater than the first melting temperature; for example, the first melting temperature is 90 degrees C and the second melting temperature is 150 degrees C, as taught by Dua, in order to use a combination of thermoplastic materials with suitable melting temperatures that are sufficiently apart for the first and second yarns in the first and second courses, and selectively melt the first yarn to fuse with the second yarn and/or the third yarn by raising the temperature of the first yarn above its melting temperature but below the melting temperature of the second yarn and/or the decomposition temperature of the third yarn to selectively achieve a desired degree of fusing in the first and second courses (Dua; para. 0047).
Regarding claim 2, Podhajny and Dua, in combination, disclose the article of footwear of claim 1. Podhajny does not disclose wherein the first melting temperature is 140 degrees Celsius or less, and wherein the second melting temperature is 195 degrees Celsius or less. However, as discussed for claim 1, Dua teaches wherein the first melting temperature is 140 degrees Celsius or less (90 degrees C; para. 0046), and wherein the second melting temperature is 195 degrees Celsius or less (150 degrees C; para. 0046). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the first thermoplastic polymer compositions, with wherein the first melting temperature is 140 degrees Celsius or less, and wherein the second melting temperature is 195 degrees Celsius or less as taught by Dua, in order to use a combination of thermoplastic materials with suitable melting temperatures that are sufficiently apart for the first and second yarns in the first and second regions to selective fuse the thermoplastic materials (Dua; para. 0047).
Regarding claim 4, Podhajny and Dua, in combination, disclose the article of footwear of claim 1, and Podhajny further discloses wherein the upper comprises an underfoot portion (a bottom portion having bottom side perimeter edge 612 and bottom forefoot perimeter edge 610; fig. 6; paras. 0049, 0051, 0055) integrally knit with an overfoot portion (a top portion having top side perimeter edge 602 and top forefoot perimeter edge 600; figs. 1, 6; paras. 0049, 0051).
Regarding claim 18, Podhajny discloses an article of footwear (footwear 100; fig. 1; para. 0027; claim 1), comprising:
an upper (upper 120; fig. 1; para. 0027), comprising:
a knitted component (figs. 1, 6; paras. 0034, 0049), comprising:
a fused area (a fused portion; paras. 0044, 0085) comprising a first region (a first sub-area; paras. 0044, 0085) and a second region (a second sub-area; paras. 0044, 0085),
the first region comprising a first yarn (a fusible yarn; paras. 0042, 0044, 0085) having a first thermoplastic polymer material composition (paras. 0044, 0085);
the second region comprising the first yarn (a fusible yarn; paras. 0042, 0044, 0085), and a third yarn (a non-fusible yarn; paras. 0044, 0085) having a third material composition (a thermoset polymer or cotton; paras. 0043-0044), and
the first thermoplastic polymer material composition having a first melting temperature (inherent feature), the third material composition having a third temperature (a decomposition temperature) equal to the lowest of a melting temperature and a decomposition temperature of the third material composition (a decomposition temperature), wherein the third temperature is 200 degrees Celsius or higher (when the third material composition is cotton),
wherein the knitted component forms a collar (collar 123; fig. 1; para. 0031) and a throat (throat portion 134; fig. 1; para. 0032) of the upper that each exclude the fused area (collar 123 and throat portion 134 formed of yarns formed of natural fibers; paras. 0042, 0045, 0056-0057).
Podhajny does not explicitly disclose wherein the first region and the second region each comprise a second yarn having a second thermoplastic polymer material composition, the second thermoplastic polymer material composition having a second melting temperature, and wherein the second melting temperature is at least 20 degrees Celsius greater than the first melting temperature. However, Podhajny does disclose wherein different areas include yarns of different material compositions that are specially selected to vary properties throughout the upper (para. 0043). Further, Dua, in an analogous art, teaches an article of footwear (shoe 100; fig. 1; paras. 0032, 0036) comprising a knitted component (knitted textile 130 formed by interlooping, i.e., knitting; fig. 1; paras. 0036, 0046), the knitted component comprising a plurality of fused regions (fused regions 132-136; fig. 1; para. 0036), each of the fused regions comprising a plurality of fusible strands (figs. 4A-4D; paras. 0046-0047, 0051), each of the fusible strand being formed of various combinations of thermoplastic polymer materials, such as polyurethane, nylon, and polyolefin (figs. 4A-4D; paras. 0046-0047, 0051), and the plurality of fusible strands may be any of the strands in a variety of melting temperatures, including 60, 90, 130, and 150 degrees Celsius (para. 0046). Dua also teaches using multiple fusible strands with different melting temperatures in the knitted component has the advantage of selectively melting a first fusible strand having a lower melting point T1 to fuse the first fusible strand with other strands by raising temperature just above T1 but below a higher melting point T2 of a second fusible strand, and the second fusible strand does not need to be melted (para. 0047). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the knitted component as disclosed by Podhajny, with wherein the first region and the second region each comprise a second yarn having a second thermoplastic polymer material composition, the second thermoplastic polymer material composition having a second melting temperature (inherent feature), and wherein the second melting temperature is at least 20 degrees Celsius greater than the first melting temperature; for example, the first melting temperature is 90 degrees C and the second melting temperature is 150 degrees C, as taught by Dua, in order to use a combination of thermoplastic materials with suitable melting temperatures that are sufficiently apart for the first and second yarns in the first and second regions, and selectively melt the first yarn to fuse with the second yarn and/or the third yarn by raising the temperature of the first yarn above its melting temperature but below the melting temperature of the second yarn and/or the decomposition temperature of the third yarn to selectively achieve a desired degree of fusing in the first and second regions (Dua; para. 0047).
Regarding claim 21, Podhajny and Dua, in combination, disclose the article of footwear of claim 1, and Podhajny further discloses wherein the tongue comprises one or more yarns formed of an elastic material (additional stretchability provided by using an elastic yarn for throat portion 134; i.e., the tongue; paras. 0032, 0057).
Regarding claim 23, Podhajny and Dua, in combination, disclose the article of footwear of claim 18, and further Podhajny discloses wherein the throat comprises one or more yarns formed of an elastic material (additional stretchability provided by using an elastic yarn for throat portion 134; para. 0057).
Regarding claim 24, Podhajny and Dua, in combination, disclose the article of footwear of claim 1, and Podhajny further discloses wherein the knitted component forms a collar of the upper that excludes the fused area (collar 123 formed of yarns formed of natural fibers; paras. 0042, 0045, 0056-0057).
Status of Claims
Claims 5-8 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 22 is subjected to 35 U.S.C. 112(a) rejection.
Claims 9-14 and 16-17 are allowed.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111 (b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
As to claims 5-6, none of the none of the prior art of record alone or in combination teaches wherein the knitted component has a double knit jersey structure having an outer surface and an inner surface, wherein the fused area is located on the outer surface, and wherein the inner surface includes a non-fused area. Podhajny discloses the knitted component having a double layer jersey knit structure having an outer surface and an inner surface (paras. 0063, 0066). However, in Podhajny, fusible strands in the double knit jersey structure are used to bond monofilament strands and other strands, and the fusible strands are uniformly distributed in the double knit jersey structure (figs. 8-12). There is no motivation to modify Podhajny to have wherein a fused area is located on the outer surface and wherein the inner surface includes a non-fused area in the double knit jersey structure.
As to claims 7-14 and 16-17, none of the none of the prior art of record alone or in combination teaches wherein a density of the first thermoplastic polymer material composition and a density of the second thermoplastic polymer material composition are each less in the second region than in the first region, in conjunction with other claimed features. Neither Podhajny nor Dua teaches the feature when describing the knitted component. Further modifying the modified knitted component of Podhajny and Dua to have the claimed feature would be impermissible hindsight reconstruction based on Applicant's disclosure.
Response to Arguments
Applicant's remarks filed 01/05/2026 have been fully considered. In response to Applicant's summary of interview with the examiner, the examiner notes that no formal interview was scheduled and conducted on December 2nd, 20225. An unscheduled call without discussing any substantial claimed subject matter cannot be considered as an interview.
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Applicant's arguments are moot in view of the new grounds of rejection as discussed supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732