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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/26/2026 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hausmann (US 2017/0020231) in view of Dimoff (US 2016/0206044).
Regarding Claim 1, Hausmann discloses an upper (Figures 11-13) comprising: a cloth-like base member (1124) including at least one layer; and a plurality of linear members (1152) disposed side by side on the base member and independently of each other (Figures 11 & 12), wherein each of the linear members includes: a first portion (1st, see annotated Figure 11 below) disposed in at least one end portion of the linear member along a length direction and fixed to the layer (Figures 11 & 12); and a second portion (2nd, see annotated Figure 11 below) disposed in a portion of the linear member other than the first portion and not fixed to the layer (Figures 11 & 12), the second portions of the adjacent linear members are interlocked with each other (Figure 11), and a part or all of the second portion of at least one of the linear members is exposed to an outside of the base member (Figure 11), the part of the second portion exposed to the outside of the base member is for pulling the second portion (Figure 11, Para. 31-33). Hausmann does not specifically disclose the plurality of linear members are disposed over an entire extent of the base member such that it can apply tension to the entire extent of the base member. However, Dimoff discloses a plurality of linear members (200) disposed over an entire extent of a base member (102) such that is can apply tension to the entire extent of the base member (Para. 70 & 71). It would be obvious to one of ordinary skill in the art before the effective filing date to include a plurality of linear members, as taught by Dimoff, to the upper of Hausman in order to provide a continuous degree of support, strength and tension around the entirety of the shoe.
Regarding Claim 2, Hausmann discloses the linear members extend in a first direction (Figures 11 & 12) and are disposed side by side in a second direction intersecting the first direction (Figures 11 & 12), and in the second portion of each of the linear members, a first interlocking portion to be interlocked with one of the linear members disposed on one side along the second direction and a second interlocking portion to be interlocked with one of the linear members disposed on the other side along the second direction are alternately disposed in the first direction (Figures 11 & 12).
Regarding Claim 3, Hausmann discloses the layer is one layer, and the second portions of the linear members are exposed on a surface of the layer (Figures 11 & 12).
Regarding Claim 4, Hausmann discloses the layer includes a first layer (1124) and a second layer (1122) disposed with a gap from the first layer, and the second portions of the linear members are positioned between the first layer and the second layer (Figures 11 & 12).
Regarding Claim 5, Hausmann discloses a hole is disposed in at least one of the first layer and the second layer to expose the second portion of at least one of the linear members to an outside of the layer (Figures 11 & 12).
Regarding Claim 6, Hausmann discloses the at least one of the linear members is disposed in a heel portion of a shoe, and the hole is disposed in the heel portion of the shoe (Figures 11 & 12).
Regarding Claim 7, Hausmann discloses the at least one of the linear members is disposed in an instep portion of a shoe (Figures 11 & 12), and the hole is disposed in the instep portion of the shoe (Figures 11 & 12).
Regarding Claim 8, Hausmann discloses an opening communicating with the gap between the first layer and the second layer is disposed in an outer edge of the base member to expose the second portion of at least one of the linear members to an outside of the layer (Figures 11 & 12).
Regarding Claim 9, Hausmann discloses some of the linear members and remainders of the linear members differ in at least one of stretchability and tensile strength (Para. 33 & 34).
Regarding Claim 10, Hausmann discloses at least a part of the layer has transparency (Figures 11 & 12).
Regarding Claim 11, Hausmann discloses the base member includes an upper forefoot portion covering a forefoot position of a foot of a wearer (Figures 11 & 12), an upper midfoot portion covering a midfoot position of the foot of the wearer (Figures 11 & 12), and an upper rearfoot portion covering a rearfoot position of the foot of the wearer (Figures 11 & 12), the layer includes a first stretchable portion disposed in the upper midfoot portion (Figures 11 & 12, Para. 22, 27, 32, 76) and a second stretchable portion disposed in the upper forefoot portion, and stretchability of the first stretchable portion is higher than stretchability of the second stretchable portion (Figures 11 & 12, Para. 22, 27, 32, 76).
Regarding Claim 12, Hausmann discloses the upper according to claim 1; and a sole positioned below the upper (Figures 11 & 12).
Regarding Claim 13, Hausmann discloses a method for manufacturing the upper wherein the base member and the linear member are formed in a single process (single process of making a shoe).
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Response to Amendment
Applicant’s arguments with respect to the amended claims have been fully considered but 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached at 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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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
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