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
Applicant’s election without traverse of claims 1-9 in the reply filed on 14 January 2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication No. US 2017/0181496 (hereinafter “Guyan”). Regarding claim 1 Guyan teaches a lattice structure (structure) comprising a first lattice structure (first lattice) which is part of a cushioning member (provides a property of the structure), and a second lattice structure (modifiable second lattice) which is disengaged from the first lattice structure in a first configuration, and engages with the first lattice structure in a second configuration when moved into contact with the second lattice structure (modifiable second lattice), where the performance characteristics are provided by the lattice structure and may be adjusted by changing the structure of elements of the lattice structure (modifiable second lattice adjusts the property of the structure) (abstract; claim 1; and paragraphs [0007], [0065] – [0074], [0081] and [0082]). Regarding claims 2 and 3 In addition, Guyan teaches the first lattice structure (first lattice) and the second lattice structure (modifiable second lattice) are made into an interwoven and interlocking structure, where said first lattice structure and second lattice structure freely move relative to each other in a disengaged configuration, but also restrict movement by coming into contact and engaging with each other (paragraph [0068]), which corresponds to: (1) the modifiable second lattice adjusts the property of the structure after manufacturing; and (2) the modifiable second lattice is joinable with the first lattice and separable from the first lattice.Regarding claim 4 In addition, Guyan teaches the first lattice structure and the second lattice structure are made into an interwoven and interlocking structure, where said first lattice structure and second lattice structure freely move relative to each other in a disengaged configuration, but also restrict movement by coming into contact and engaging with each other (paragraph [0068]), which corresponds to the modifiable second lattice is secured or fastened to the first lattice with an interfering structure, which is defined by the applicant as a fastener. See paragraph [0037] from the specification as originally filed.Regarding claim 5 In addition, Guyan teaches the first lattice structure includes a first network of struts and nodes with voids defined between the struts and nodes (node having an opening). The second lattice structure (modifiable second lattice) includes a second network of struts (columns) and nodes with voids defined between the struts and nodes. The first network of struts and nodes is interwoven with the second network of struts and nodes such that the first network of struts and nodes extends through the voids in the second network of struts and nodes (abstract and Figure 7B). Guyan also teaches the first lattice structure and second lattice structure freely move relative to each other in a disengaged configuration, but also restrict movement by coming into contact and engaging with each other (paragraph [0068]). These teachings correspond to the opening of the first lattice receives the column of the second lattice to adjust the property of the structure.Regarding claim 6 In addition, Guyan teaches the first lattice structure includes a first network of struts and nodes, and the second lattice structure (modifiable second lattice) includes a second network of struts and nodes, where the first network of struts and nodes is interwoven (intermeshed) with the second network of struts and nodes (abstract).Regarding claim 7 In addition, Guyan teaches the lattice structure is manufactured by a 3D printing process, where the first lattice structure is 3D printed along with (concurrently) the second lattice structure (paragraph [0079] and Figure 12). Alternatively, or in addition, the use of product-by-process limitations has been noted in claim 7, for example, "the first lattice and the modifiable second lattice are manufactured concurrently via three-dimensional (3D) printing". "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process", In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Further, "although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product", In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP §2113.Regarding claim 9 In addition, Guyan teaches the interwoven lattice structure (structure) is formed to provide a cushioning member and generate predetermined support and flexure properties (having a predetermined level of stiffness) within the network of struts and nodes (paragraph [0007]), which corresponds to the property provided by the lattice structure includes stiffness.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Guyan as applied to claim 1 above, and further in view of United States Patent Application Publication No. US 2016/0374428 (hereinafter “Kormann”).Regarding claim 8 The limitations for claim 1 have been set forth above. In addition, Guyan teaches the lattice structure may be incorporated into an article of footwear, including a sole assembly (paragraph [0007]). Guyan does not explicitly teach a knob to actuate the second lattice structure (modifiable second lattice). Kormann teaches a sole for shoes comprising a lattice structure having a plurality of cell elements (abstract). Kormann teaches the lattice structure may comprise at least one moveable element integrally manufactured with the lattice structure, where the moveable element may be manipulated to alter a property of the sole, like breathability or stability for example (paragraph [0044]). Kormann teaches providing materials having a higher density and/or stiffness contributes to improved stability (paragraph [0017]). Kormann teaches the moveable elements may be controlled by a lever or moveable control element, such as a push-button (knob), etc. (paragraphs [0129] and [0130]). Guyan and Kormann are analogous inventions in the field of lattice structure supports for footwear soles. It would have been obvious to one skilled in the art at the time of the invention to modify the lattice structure (including the modifiable second lattice) of Guyan with the moveable element and control element of Kormann to provide a mechanism for adjusting properties, like breathability or stability (stiffness) of an article of footwear based on user preference and input (manipulating the aforementioned moveable control element).
Conclusion
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/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783