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 .
Response to Amendment
The amendment filed on 08/10/2026 is acknowledged. The claim amendment has been entered.
The amendments to the abstract and the specification will not be entered because: The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b).
Claims 1-2, 4-14, 16-18 and 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 Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 08/10/2026.
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 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-8 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being which renders the claim indefinite. for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the fused area includes a second region". The claim has previously set forth the fused area "comprising at least a first region". It is unclear whether the "second region" is included in the "at least a first region" or not. Therefore, the metes and bounds of the claim are unclear and cannot be ascertained.
Claim 1 recites a plurality of elements such as "an upper", "a knitted component", "a fused area", "wherein" clauses and "a tongue" at the same indentation level. It is unclear which element comprises "a tongue". The article of footwear? The knitted component? For examination purposes, the examiner has interpreted the knitted component comprising the tongue.
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Dua (US 2004/0118018 A1) in view of Podhajny (US 2015/0216253 A1).
Regarding claim 1, Dua discloses an article of footwear (article of footwear 100; fig. 1; para. 0031), comprising:
an upper (upper 120; fig. 1; para. 0032), comprising:
a knitted component (textile 130D, formed by interlooping; i.e., knitting; figs. 1, 3D; paras. 0036, 0046, 0050), comprising:
a fused area (including regions 134, 136; fig. 1; para. 0036) comprising at least a first region (fused region 134; fig. 1; para. 0041) comprising a plurality of first courses and a plurality of second courses (figs. 1, 3D; para. 0041), each course within the plurality of first courses comprising a first yarn (a first yarn 151; fig. 4A; paras. 0051-0052) having a first thermoplastic polymer material composition (thermoplastic monostrands 152 having a first thermoplastic polymer material composition; fig. 4A; paras. 0036, 0046-0048, 0051-0052), and each course within the plurality of second courses comprising a second yarn (a second yarn 155; fig. 4C; para. 0051-0052) having a second thermoplastic polymer material composition (thermoplastic monostrands 152 and bicomponent strands 154, having a second thermoplastic polymer material composition; fig. 4C; paras. 0036, 0046-0048, 0051-0052);
wherein the fused area includes a second region (fused region 136; fig. 1; para. 0043) comprising the first yarn and the second yarn (combinations of yarns 151, 155; paras. 0051-0052), wherein a density of fused material formed from the first thermoplastic polymer material composition (monostrands 152 forming a part of yarn 155; fig. 4C) is less in the second region than a density of fused material formed from the first thermoplastic polymer material composition in the first region (monostrands 152 forming the entire yarn 151; fig. 4A);
the first thermoplastic polymer material composition having a first melting temperature (melt temperature of monostrands 152; fig. 4A; para. 0046), and the second thermoplastic polymer material composition having a second melting temperature (a melt temperature of the core or shell material of bicomponent strands 154; noting different thermoplastic materials of the core and shell having different melting temperatures; fig. 4C; paras. 0046-0047); and
a tongue (tongue 125; fig. 1; para. para. 0035) that excludes the fused area (not including fused areas 134, 136; fig. 1).
Dua does not explicitly disclose wherein 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, Dua does disclose wherein each of the fusible strands may be formed of various combinations of thermoplastic polymer materials, such as polyurethane, nylon, and polyolefin (figs. 4A-4D; paras. 0046-0047, 0051), and the 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 that, 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 (fig. 2B; 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 selected the thermoplastic materials for the monostrands 152 and bicomponent strands 154, with wherein the second melting point of bicomponent strands 154 is at least 20 degrees Celsius greater than the first melting point of the monostrands 152; for example, the first melting point is 90 degrees C and the second melting point is 150 degrees C, as disclosed by Dua, in order to use a combination of thermoplastic materials with suitable melting temperatures of the strands that are sufficiently apart in each of the first and second regions, and selectively fuse the strands by raising the temperature of certain strands above their melting temperature but below the melting temperature of other strands, thereby achieving a desired degree and distribution of fusing in the first and second regions (Dua; para. 0047).
Dua does not explicitly disclose wherein the tongue has a higher elasticity than the fused area. However, Podhajny, in an analogous art, discloses an article of footwear (article of footwear 100; fig. 1; para. 0027; claim 1), comprising: an upper (upper 120; fig. 1; para. 0027), the upper comprising a knitted component (figs. 1, 6; paras. 0034, 0049), the knitted component comprising a fused area (a fused portion; paras. 0044, 0085) 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). 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 tongue as disclosed by Dua, with wherein the tongue has a higher elasticity than the fused area as taught by Podhajny, in order to enhance comfort of the area around the lacing system (Dua; para. 0035).
Regarding claim 2, Dua and Podhajny, in combination, disclose the article of footwear of claim 1, and Dua further discloses wherein the first melting temperature is 140 degrees Celsius or less (90 degrees; para. 0046), and wherein the second melting temperature is 195 degrees Celsius or less (150 degrees; para. 0046).
Regarding claim 4, Dua and Podhajny, in combination, disclose the article of footwear of claim 1. Dua does not disclose wherein the upper comprises an underfoot portion integrally knit with an overfoot portion. However, Podhajny teaches 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. 0040, 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). 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 tongue as disclosed by Dua, with wherein the upper comprises an underfoot portion integrally knit with an overfoot portion as taught by Podhajny, in order to provide an integrally knitted shoe upper that forms an entire interior void for receiving the foot within an upper of the footwear to reduce the number of seams and enhancing durability of the footwear (Podhajny; para. 0040).
Regarding claim 24, Dua and Podhajny, in combination, disclose the article of footwear of claim 1, and Dua further discloses wherein the knitted component forms a collar of the upper that excludes the fused area (leather elements secured around ankle opening 121, forming a collar; fig. 1; para. 0045).
Status of Claims
Claims 5-8 are free of prior rejections due to the same reasons as discussed in the Office action dated 03/10/2026.
Claims 9-14 and 16-18 are allowed.
As to claims 9-14 and 16-17, the reasons for allowance are the same as discussed in the Office action dated 03/10/2026.
As to claim 18, none of the none of the prior art of record alone or in combination discloses, teaches, or reasonably suggests wherein the knitted component forms a collar and a throat of the upper that each exclude the fused area and wherein the knitted component is a multi-layer knitted component 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, in conjunction with other claim limitations as required by the claim.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied. Applicant's arguments with respect to the amended claims 1-2, 4 and 24 have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached on (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
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