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 of Group I, claims 1-9 in the reply filed on 01/14/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/14/2026.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 05/07/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "123" and "124" in Fig. 1 and “340” and “350” in Fig. 3 have both been used to designate the appendages. Further in Fig. 3: “342” and “358” have both been used to designate the interior posts. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: paragraph 0036, line 4 recites that the appendage 350 is attached to the post 346 (e.g., exterior post. However, reference number “346” does not refer to “the post” but the first post.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Seepersad et al. (US 2016/0032997).
Regarding claims 1-2, Seepersad discloses a structure comprising a lattice of posts forming an opening between the posts and an appendage (410) attached to a post (390) of the posts (Fig. 4).
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402
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The appendage partially extending over the opening and is non-load bearing as it does not bear a load of the lattice (0032 and 0033).
Regarding claims 3-5, Seepersad teaches exterior posts at an outer edge of the structure (e.g., top or bottom lateral constraint beams 390) having an appendage attached at a first span position; and an interior post (e.g., the middle constraint beam 390) with a second appendage attached to the interior posts. The second appendage attached at a second span position that is different from the first span position.
Regarding claim 6, Seepersad teaches the appendage attached to the post at a center of a span between nodes of the post (Fig. 4).
Regarding claim 7, Seepersad teaches the spacer does not deform (0033).
Regarding claim 8, the spacer reduced the size of the opening by being in it.
Regarding claim 9, Seepersad teaches the cellular structure incorporated into the sole of a shoe (0040).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fossati (US 2008/0023895) teaching a spring constructure having interior appendages.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALICIA WEYDEMEYER whose telephone number is (571)270-1727. The examiner can normally be reached M-Th 9-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALICIA J WEYDEMEYER/Primary Examiner, Art Unit 1781