DETAILED ACTION
Claims 1, 2, 4-9, 11-19, 21-23 are pending. Claims 1, 11, and 16 are amended.
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
This office action is responsive to the amendment filed on June 18, 2026. As directed by the amendment: claims 1, 11, and 16 have been amended and claim 23 has been added. Thus, claims 1, 2, 4-9, 11-19, 21-23 are presently pending in this application.
Applicant’s amendment to the claims has not overcome the 35 USC §103 rejections.
Response to Arguments
Applicant's arguments filed June 18, 2026 have been fully considered but they are not persuasive.
Applicant argues that in Daswick that the corrugations are not spaced at a distance from a distal end of a sole plate located within a forefoot region, and thus does not meet the limitation “the curved portions are spaced at a distance from a distal end of the sole plate located within the forefoot region”. The Examiner disagrees.. The claim does not state that the ribs end a spaced distance from the end of the sole plate, but rather states that the curved portions are spaced. The word “portion” is a broad term indicating “a part of”. Thus there are many “curved portions” of the rib of Daswick, many of which are spaced from the end of the sole plate.
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, 4-9, and 22, 11-14, 16-18, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lyden (US 7016867) in view of Daswick (US 4439937).
Regarding claim 1, Lyden describes a sole plate (spring element 51, may be formed for resilient material such as steel col. 49, ll. 41-45) for a sole structure of an article of footwear, the sole plate having:
a forefoot region including a toe end at a distal end of the forefoot region, a midfoot region, and a heel region including a heel end at a distal end of the heel region (see annotated Fig. 170 below);
a medial side and a lateral side (see annotated Fig. 170 below);
an outer edge (see annotated Fig. 170 below);
a widest section (see annotated Fig. 170 below); and
a narrowest section (see annotated Fig. 170 below),
wherein the outer edge includes a first plurality of peaks and a first plurality of valleys that are located on the lateral side of the forefoot region,
wherein the first plurality of peaks and the first plurality of valleys are disposed between the widest section of the sole plate and the toe end of the sole plate (see annotated Fig. 170 below),
wherein a central longitudinal plane runs from the toe end of the sole plate to the heel end of the sole plate (a plane runs in this direction)
and
wherein the outer edge of the medial side of the sole plate includes only a single peak, and the single peak is located between the narrowest section of the sole plate and the toe end of the sole plate (see annotated Fig. 170 below).
Lyden does not explicitly describe a plurality of ribs, wherein each of the plurality of ribs define curved portions such that the curved portions are configured to extend downward along the central longitudinal plane, wherein the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region.
In related art for sole plates, Daswick describes a plurality of ribs (corrugations 25), wherein each of the plurality of ribs define curved portions (see e.g., Fig. 4 depicting downward corrugations) such that the curved portions are configured to extend downward along the central longitudinal plane (extend downward), wherein the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region (see annotated Fig. 1).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Lyden to include the ribs as disclosed in Daswick in order to enhance the resistance to bending movements in a lengthwise direction (Daswick, col. 2, ll. 54-57) and to influence the amount of pronation for a particular user (Lyden, col. 96, ll. 5-11).
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Regarding claim 4, Lyden as modified describes wherein the plurality of ribs (25, from Daswick) extend in the direction of the central longitudinal plane (extend heel to toe direction).
Regarding claim 5, Lyden describes the sole plate of claim 1, but the Fig. 170 embodiment does not explicitly describe comprising a curved portion and a rear portion, wherein the curved portion is an anterior curved portion, and wherein the rear portion is flat.
In related art, Fig. 146 shows a curved portion and a rear portion, wherein the curved portion is an anterior curved portion, and wherein the rear portion is flat (see annotated Fig. 146).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Fig. 170 to include the shape as depicted in Fig. 146 in order to provide toe spring back during use (see col. 7, ll. 5-8).
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Regarding claim 6, Lyden as modified describes the sole plate of claim 1, wherein the outer edge including the plurality of peaks and the plurality of valleys on the lateral side between the widest section and the toe end includes more peaks (3) than valleys (2) (see annotated Fig. 170 above).
Regarding claim 7, Lyden as modified describes the sole plate of claim 1, wherein the plurality of valleys includes two valleys (includes two valleys, see Fig. 170 above).
Regarding claim 8, Lyden describes the sole plate of claim 1, but does not explicitly describe wherein the sole plate includes a plurality of apertures.
In related art, Fig. 195 includes wherein the sole plate includes a plurality of apertures (apertures 72).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Fig. 170 of Lyden to include apertures such as depicted in Fig. 195 in order to reduce the weight of the plate (see col. 50, ll. 4-8 describing reduced weight as advantageous).
Furthermore, Daswick also includes apertures (perforations 27).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate to include perforations such as in Daswick in order to permit the midsole to flow through the apertures in order to from the plate as integral with the midsole (col. 2, ll. 56-64, Daswick).
Regarding claim 9, Lyden as modified describes sole plate of claim 8, wherein the plurality of apertures includes a first aperture and a second aperture, and wherein the first aperture is disposed closer to the toe end of the sole plate than the second aperture (see Fig. 195).
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Regarding claim 22, Lyden describes the sole plate of claim 1, but does not explicitly describe wherein at least one rib is disposed entirely on the lateral side and only in the forefoot region.
In related art, the embodiment of Fig. 64 includes protuberances 99 which can be considered ribs.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Fig. 170 to include the ribs 99 of Fig. 64 in order to effect or enhance a mechanical bond between the plate and other layers (col. 90, ll. 45-50). It is noted that the rib of claim 22 is not required to be a part of “the plurality of ribs” and thus does not require the curved structure of each of the ribs of “the plurality of ribs”.
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Regarding claim 11, Lyden describes sole plate (spring element 51) for a sole structure of an article of footwear having a lateral side and a medial side (has a lateral and medial side), the sole plate having:
a forefoot region including a toe end at a distal end of the forefoot region (see annotated Fig. 170 below);
a heel region including a heel end at a distal end of the heel region(see annotated Fig. 170 below);
a midfoot region that extends between the forefoot region and the heel region (see annotated Fig. 170 below); and
wherein an outer edge defines a widest section, a narrowest section, and a plurality of peaks and a plurality of valleys, wherein at least half of the peaks are disposed on the lateral side of the sole plate between the widest section and the toe end (see annotated Fig. 170).
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Lyden does not explicitly describe a plurality of ribs that are disposed within at least the forefoot region and the midfoot region, wherein each of the plurality of ribs define curved portions, such that the curved portions are configured to extend downward along the central longitudinal plane, wherein the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region.
In related art for sole plates, Daswick describes a plurality of ribs that are disposed within at least the forefoot region and the midfoot region (corrugations 25), wherein each of the plurality of ribs define curved portions (see e.g., Fig. 4 depicting downward corrugations) such that the curved portions are configured to extend downward along the central longitudinal plane (extend downward), wherein the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region (see annotated Fig. 1).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Lyden to include the ribs as disclosed in Daswick in order to enhance the resistance to bending movements in a lengthwise direction (Daswick, col. 2, ll. 54-57) and to influence the amount of pronation for a particular user (Lyden, col. 96, ll. 5-11).
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Regarding claim 12, Lyden as modified describes the sole plate of claim 11, wherein at least one of the plurality of valleys of the outer edge is disposed on the lateral side of the sole plate between the widest section and the toe end (includes multiple valleys in this location).
Regarding claim 13, Lyden as modified describes the sole plate of claim 12, wherein the valley or valleys disposed on the lateral side of the sole plate between the widest section and the toe end define a smaller radius of curvature than the valleys that are not disposed on the lateral side of the sole plate between the widest section and the toe end (see Fig. 170).
Regarding claim 14, Lyden as modified describes the sole plate of claim 11, but does not explicitly describe wherein the sole plate includes a plurality of apertures.
In related art, Fig. 195 includes wherein the sole plate includes a plurality of apertures (apertures 72).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Fig. 170 of Lyden to include apertures such as depicted in Fig. 195 in order to reduce the weight of the plate (see col. 50, ll. 4-8 describing reduced weight as advantageous).
Furthermore, Daswick also includes apertures (perforations 27).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate to include perforations such as in Daswick in order to permit the midsole to flow through the apertures in order to from the plate as integral with the midsole (col. 2, ll. 56-64, Daswick).
Regarding claim 16, Lyden describes a sole plate (spring element 51) for a sole structure of an article of footwear having a medial side and a lateral side (has a medial and lateral side), the sole plate having:
a forefoot region including a toe end at a distal end of the forefoot region, a midfoot region, and a heel region including a heel end at a distal end of the heel region (see annotated Fig. 170);
an outer edge defining a widest section and a narrowest section (see annotated Fig. 170);
wherein the lateral side of the outer edge between the widest section and the toe end includes at least three peaks and at least two valleys (see annotated Fig. 170),
wherein a central longitudinal plane runs from the toe end of the sole plate to the heel end of the sole plate (longitudinal plane runs from heel to toe).
Lyden does not explicitly describe wherein a side profile of the sole plate includes a curved portion and a rear portion.
In related art, Fig. 146 shows a curved portion and a rear portion.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Fig. 170 to include the shape as depicted in Fig. 146 in order to provide toe spring back during use (see col. 7, ll. 5-8).
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Lyden as modified does not explicitly describe a plurality of ribs, a plurality of apertures,
wherein each of the plurality of ribs define curved portions, such that the curved portions are configured to extend downward along the central longitudinal plane, wherein the plurality of ribs includes a first ribs and a second rib, and
wherein the first rib and the second rib extend in a direction from the forefoot region to the heel region and terminate in the heel region, and such that the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region.
In related art, Daswick describes a plurality of ribs (25), a plurality of apertures (27),
wherein each of the plurality of ribs define curved portions, such that the curved portions are configured to extend downward along the central longitudinal plane (see Fig. 4 below), such that the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region, (see annotated Fig. 1), wherein the plurality of ribs includes a first ribs and a second rib (see Fig. 1 below), and
wherein the first rib and the second rib extend in a direction from the forefoot region to the heel region and terminate in the heel region (extend from forefoot to heel region),
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Lyden to include the ribs as disclosed in Daswick in order to enhance the resistance to bending movements in a lengthwise direction (Daswick, col. 2, ll. 54-57) and to influence the amount of pronation for a particular user (Lyden, col. 96, ll. 5-11).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate to include perforations such as in Daswick in order to permit the midsole to flow through the apertures in order to from the plate as integral with the midsole (col. 2, ll. 56-64, Daswick).
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Regarding claim 17, Lyden as modified describes the sole plate of claim 16 further including a peak on the medial side of the forefoot region of the outer edge (see annotated Fig. 170 below).
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Regarding claim 18, Lyden as modified describes the sole plate of claim 16 further including a valley on the medial side of the midfoot region of the outer edge (see annotated Fig. 170 directly above).
Regarding claim 21, Lyden as modified describes the sole plate of claim 16, wherein the plurality of ribs further includes a third rib, the third rib is curved and extends along a heel to toe direction and includes a concave portion and a convex portion (see annotated Figs. 1 and 4 of Daswick below).
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Claim 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lyden (US 7016867) in view of Daswick (US 4439937) and Auger et al. (US 20130067765).
Regarding claim 2, Lyden as modified describes the sole plate of claim 1, but does not explicitly describe wherein the heel end includes a plurality of heel peaks separated by a heel valley.
In related art for heel plates, Auger describes a plurality of heel peaks separated by a heel valley (142).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Lyden to include the gaps and projections in order to provide support at specific locations (para. 0065 Auger) while reducing weight of the plate (see col. 74, ll. 10-15 and col. 115, ll. 1-5 describing weight as an important factor for the spring element).
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Claims 1 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lyden (US 7016867) in view of Cavaliere et al. (US 20230105107).
Regarding claim 1, Lyden describes a sole plate (spring element 51, may be formed for resilient material such as steel col. 49, ll. 41-45) for a sole structure of an article of footwear, the sole plate having:
a forefoot region including a toe end at a distal end of the forefoot region, a midfoot region, and a heel region including a heel end at a distal end of the heel region (see annotated Fig. 170 below);
a medial side and a lateral side (see annotated Fig. 170 below);
an outer edge (see annotated Fig. 170 below);
a widest section (see annotated Fig. 170 below); and
a narrowest section (see annotated Fig. 170 below),
wherein the outer edge includes a first plurality of peaks and a first plurality of valleys that are located on the lateral side of the forefoot region,
wherein the first plurality of peaks and the first plurality of valleys are disposed between the widest section of the sole plate and the toe end of the sole plate (see annotated Fig. 170 below),
wherein a central longitudinal plane runs from the toe end of the sole plate to the heel end of the sole plate (a plane runs in this direction)
and
wherein the outer edge of the medial side of the sole plate includes only a single peak, and the single peak is located between the narrowest section of the sole plate and the toe end of the sole plate (see annotated Fig. 170 below).
Lyden does not explicitly describe a plurality of ribs, wherein each of the plurality of ribs define curved portions such that the curved portions are configured to extend downward along the central longitudinal plane, wherein the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region.
In related art for sole plates, Cavaliere describes a plurality of ribs (ribs 118), wherein each of the plurality of ribs define curved portions (see e.g., Fig. 3 depicting downward ribs 118) such that the curved portions are configured to extend downward along the central longitudinal plane (extend downward), wherein the curved portions are spaced at a distance from the distal end of the sole plate located within the forefoot region (see Fig. 1).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the plate of Lyden to include the ribs as disclosed in Cavaliere in order to provide variable stiffness to the plate and increase stiffness at the rib locations (para. 0038) and to influence the amount of pronation for a particular user (Lyden, col. 96, ll. 5-11).
Regarding claim 23, Lyden as modified describes the sole plate of claim 1, wherein a radius of curvature of the curved portions of the plurality of ribs varies along a length of the plurality of ribs (see annotated Fig. 2 of Cavaliere, ribs flatten to nothing and thus the radius has varied).
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Allowable Subject Matter
Claims 15 and 19 are 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
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