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 Invention I in the reply filed on January 27, 2026 is acknowledged. In the reply, Applicant indicated claims 1-17 and 21-34 as reading upon the elected invention.
Status of the Claims
As directed by the amendment received on January 27, 2026, claim 21 has been amended, and claims 18-20 have been canceled. Claims 32-34 are new. Accordingly, claims 1-17 and 21-34 are currently pending in this application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference character “118” as recited in at least [0023].
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 – Disclosure
The use of the terms “Gral” and “Coats Group PLC”, which are a trade names or marks used in commerce, have been noted in this application at least at [0029]. The terms should be accompanied by the generic terminology, where appropriate; furthermore, the terms should be capitalized wherever they appear or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. For example, “Gral” should read “GRALTM”.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The disclosure is objected to because at [0048], “the first and second strands 414 and 416” should read “the second and third strands 414 and 416”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because at line 4, “compared to the first yarn” should read “compared to a tenacity of the first yarn”.
Claim 21 is objected to because At line 5, “compared to the first yarn” should read “compared to a tenacity of the first yarn”
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-17 and 21-34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “An article of footwear having an upper comprising:” at line 1. It is unclear which of the introduced structures is meant to comprise the subsequent limitations. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “An article of footwear having an upper, the upper comprising:”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 1 further recites the limitation “a sequence of one or more knitted loop stitches and a float stitch extending a quantity of wales” at lines 5-6. It is unclear if the knitted loop stitches as well as the float stitch is meant to extend the quantity of wales. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “ a sequence of one or more knitted loop stitches a float stitch, the float stitch extending a quantity of wales”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 11 recites the limitation “An article of footwear having an upper comprising:” at line 1. It is unclear which of the introduced structures is meant to comprise the subsequent limitations. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “An article of footwear having an upper, the upper comprising:”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 11 further recites the limitation “a sequence of one or more knitted loop stitches and a float stitch extending a quantity of wales” at lines 4-6. It is unclear if the knitted loop stitches as well as the float stitch is meant to extend the quantity of wales. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “ a sequence of one or more knitted loop stitches a float stitch, the float stitch extending a quantity of wales”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 21 recites the limitation “An article of footwear having an upper comprising:” at line 1. It is unclear which of the introduced structures is meant to comprise the subsequent limitations. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “An article of footwear having an upper, the upper comprising:”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 21 further recites the limitation “a sequence of one or more knitted loop stitches and a float stitch extending a quantity of wales” at lines 6-7. It is unclear if the knitted loop stitches as well as the float stitch is meant to extend the quantity of wales. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “ a sequence of one or more knitted loop stitches a float stitch, the float stitch extending a quantity of wales”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 32 recites the limitation “the sequence of one or more knitted loop stitches and a float stitch extending a quantity of wales” at lines 6-7. It is unclear if the knitted loop stitches as well as the float stitch is meant to extend the quantity of wales. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “ a sequence of one or more knitted loop stitches a float stitch, the float stitch extending a quantity of wales”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claims 2-10, 12-17, 21-31, and 33-34 are also rejected for being dependent on a rejected claim.
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.
Claims 1, 3-4, 6-14, 16-17, 21, 23-24, 26-30, 32, and 34, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0040657 to Tinajero et al. (hereinafter, “Tinajero”).
Regarding claim 1, Tinajero teaches an upper comprising: a knitted component (See Tinajero, Fig. 6A; upper (98) for an article of footwear and incorporating knitted component (102); [0032]) comprising: one or more first zones with a plurality of courses knit with a first yarn and a tensile element having a greater tenacity compared to the first yarn (See Tinajero, Fig. 6A; float areas (142, 146, 150) having courses formed of first yarn type (26) and including high tensile strength second yarn type (58) as discussed with respect to Figs. 1-5), wherein within the one or more first zones, the tensile element is knit with a sequence of one or more knitted loop stitches and a float stitch extending a quantity of wales that is greater than a quantity of knitted loop stitches within the sequence, wherein the sequence is repeated multiple times along each course within the plurality of courses (See Tinajero, Figs. 1-5 and 6A; within float areas, second yarn type (58) is knitted to form a sequence of loops (e.g., loops (72, 74) in Fig. 2) and float stitches; float stitches extend multiple wales beyond loop of sequence; sequence is repeated along courses in float areas as seen in at least Fig. 6A).
Although Tinajero discloses an upper in the embodiment discussed above, the embodiment does not explicitly show a relation to remaining structures forming an article of footwear.
However, Tinajero further teaches an article of footwear (See Tinajero, Fig. 7; article of footwear (262) having upper (266) formed with fastening system (334) and sole structure (294)).
It at least would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the remaining components of a complete article of footwear as disclosed with respect to the embodiment of Fig. 7 of Tinajero with the upper of Fig. 6A in order to form a complete article of footwear to be worn by a user and provide complete foot protection. As a result of the modification, the modified article of footwear of Tinajero would further teach one or more second zones lacking tensile elements knit with the sequence (See Tinajero, Fig. 7; fastening system (334) includes portions without tensile element sequence; [0040]).
Regarding claim 3, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) further teaches wherein the one or more first zones form midfoot regions on a lateral side and/or a medial side of the upper (See Tinajero, Fig. 6A; float area (146) forms midfoot regions on lateral and/or medial side of upper (98); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 4, the modified article of footwear of Tinajero (i.e., as discussed with respect to claims 1 and 3 above) further teaches wherein the one or more first zones form a heel region of the upper (See Tinajero, Fig. 6A; float area (142) forms heel region of upper (98)).
Regarding claim 6, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) further teaches wherein the one or more first zones are integrally knit with the one or more second zones so as to have a seamless transition between at least a first zone and a second zone (See Tinajero, Fig. 7; fastening portion (334) is integrally knit to knitted component (102) in the modified article as discussed above; [0040]).
Regarding claim 7, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) further teaches wherein the one or more second zones form a central portion of a forefoot region of the upper (See Tinajero, Fig. 7; fastening portion (334) extends forward to form a central portion of a forefoot region of upper (98) in the modified article as discussed above; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 8, the modified article of footwear of Tinajero (i.e., as discussed with respect to claims 1 and 7 above) further teaches wherein the one or more first zones form lateral and medial portions of the forefoot region (See Tinajero, Fig. 6A; float area (150) extends forward to form lateral and medial portions of forefoot region of upper (98)).
Regarding claim 9, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) further teaches wherein the plurality of courses each extend from an outer perimeter of the knitted component to a throat area of the upper (See Tinajero, Fig. 6A; courses extend from outer perimeter edges to inner collar region (170)).
Regarding claim 10, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) further teaches wherein courses within the plurality of courses are adjacent courses (See Tinajero, Figs. 1-5, 6A; courses are adjacent one another; Examiner notes that the term "adjacent" is very broad and merely means "close to; lying near". (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
Regarding claim 11, Tinajero teaches an upper comprising: a knitted component (See Tinajero, Fig. 6A; upper (98) for an article of footwear and incorporating knitted component (102); [0032]) having a plurality of courses knit with a first yarn and a tensile element having a greater tenacity than the first yarn (See Tinajero, Fig. 6A; float areas (142, 146, 150) having courses formed of first yarn type (26) and including high tensile strength second yarn type (58) as discussed with respect to Figs. 1-5), wherein, within the plurality of courses, the tensile element is knit with a sequence of one or more knitted loop stitches and a float stitch extending a quantity of wales that is greater than a quantity of knitted loop stitches within the sequence, the quantity of wales being at least 3 wales and no greater than 8 wales (See Tinajero, Figs. 1-5 and 6A; within float areas, second yarn type (58) is knitted to form a sequence of loops (e.g., loops (72, 74) in Fig. 2) and float stitches; float stitches extend multiple wales beyond loop of sequence within claimed range; [0029]); and wherein the sequence is repeated multiple times along each course within the plurality of courses (sequence is repeated along courses in float areas as seen in at least Fig. 6A).
Although Tinajero discloses an upper in the embodiment discussed above, the embodiment does not explicitly show a relation to remaining structures forming an article of footwear.
However, Tinajero further teaches an article of footwear (See Tinajero, Fig. 7; article of footwear (262) having upper (266) formed with fastening system (334) and sole structure (294)).
It at least would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the remaining components of a complete article of footwear as disclosed with respect to the embodiment of Fig. 7 of Tinajero with the upper of Fig. 6A in order to form a complete article of footwear to be worn by a user and provide complete foot protection.
Regarding claim 12, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 11 above) further teaches wherein the quantity of wales is 5 and the quantity of knitted loop stitches is 1 (sequence as discussed above includes 1 loop with float stitch extending the claimed number of wales beyond; [0029]).
Regarding claim 13, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 11 above) further teaches wherein the quantity of wales is 4 and the quantity of knitted loop stitches is 1 (sequence as discussed above includes 1 loop with float stitch extending the claimed number of wales beyond; [0029]).
Regarding claim 14, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 11 above) further teaches wherein the tensile element is knit with the sequence in courses in a heel region of the upper and a midfoot region of the upper on a lateral side and a medial side (See Tinajero, Fig. 6A; float areas (142, 146) including sequence heel region and midfoot region on medial and lateral sides of upper (98); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 16, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) further teaches wherein the sequence is repeated at least 5 times within at least one course within the plurality of courses (See Tinajero, Fig. 6A; sequence in float are (146) is repeated at least 5 times within a course extending across upper (98)).
Regarding claim 17, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) further teaches wherein the tensile element is knit without floats in an area adjacent an outer perimeter of the knitted component and in an area adjacent an inner perimeter of the knitted component (See Tinajero, Fig. 6A; float stiches not present at areas immediate adjacent outer perimeter edges an d inner collar region (170)).
Regarding claim 21, Tinajero teaches an upper comprising: a knitted component comprising radially-extending courses extending from an outer perimeter towards a throat area (See Tinajero, Fig. 6A; upper (98) for an article of footwear and incorporating knitted component (102) having courses extending radially between outer perimeter and collar region (170); [0032]); the radially-extending courses forming: one or more first zones with radially-extending courses knit with a first yarn and a tensile element having a greater tenacity compared to the first yarn (See Tinajero, Fig. 6A; float areas (142, 146, 150) having courses formed of first yarn type (26) and including high tensile strength second yarn type (58) as discussed with respect to Figs. 1-5), wherein within the one or more first zones, the tensile element is knit with a sequence of one or more knitted loop stitches and a float stitch extending a quantity of wales that is greater than a quantity of knitted loop stitches within the sequence, wherein the sequence is repeated multiple times along each radially-extending course of the one or more first zones (See Tinajero, Figs. 1-5 and 6A; within float areas, second yarn type (58) is knitted to form a sequence of loops (e.g., loops (72, 74) in Fig. 2) and float stitches; float stitches extend multiple wales beyond loop of sequence; sequence is repeated along courses in float areas as seen in at least Fig. 6A).
Although Tinajero discloses an upper in the embodiment discussed above, the embodiment does not explicitly show a relation to remaining structures forming an article of footwear.
However, Tinajero further teaches an article of footwear (See Tinajero, Fig. 7; article of footwear (262) having upper (266) formed with fastening system (334) and sole structure (294)).
It at least would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the remaining components of a complete article of footwear as disclosed with respect to the embodiment of Fig. 7 of Tinajero with the upper of Fig. 6A in order to form a complete article of footwear to be worn by a user and provide complete foot protection. As a result of the modification, the modified article of footwear of Tinajero would further teach one or more second zones lacking tensile elements knit with the sequence (See Tinajero, Fig. 7; fastening system (334) includes portions without tensile element sequence; [0040]).
Regarding claim 23, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 21 above) further teaches wherein the one or more first zones form midfoot regions on a lateral side and/or a medial side of the upper (See Tinajero, Fig. 6A; float area (146) forms midfoot regions on lateral and/or medial side of upper (98); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 24, the modified article of footwear of Tinajero (i.e., as discussed with respect to claims 21 and 23 above) further teaches wherein the one or more first zones form a heel region of the upper (See Tinajero, Fig. 6A; float area (142) forms heel region of upper (98); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 26, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 21 above) further teaches wherein the one or more first zones are integrally knit with the one or more second zones so as to have a seamless transition between at least a first zone and a second zone (See Tinajero, Fig. 7; fastening portion (334) is integrally knit to knitted component (102) in the modified article as discussed above; [0040]).
Regarding claim 27, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 21 above) further teaches wherein the one or more second zones form a central portion of a forefoot region of the upper (See Tinajero, Fig. 7; fastening portion (334) extends forward to form a central portion of a forefoot region of upper (98) in the modified article as discussed above; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 28, the modified article of footwear of Tinajero (i.e., as discussed with respect to claims 21 and 27 above) further teaches wherein the one or more first zones form lateral and medial portions of the forefoot region (See Tinajero, Fig. 6A; float area (150) extends forward to form lateral and medial portions of forefoot region of upper (98)).
Regarding claim 29, the modified article of footwear of Tinajero (i.e., as discussed with respect to claims 21 and 27 above) further teaches wherein the one or more first zones extend along entire lengths of a heel region and a midfoot region (See Tinajero, Fig. 6A; float areas (142, 146, 150) extend along entire lengths of heel and midfoot regions).
Regarding claim 30, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 21 above) further teaches wherein radially-extending courses form a plurality of wedge-shaped portions in at least a forefoot region and a midfoot region (See Tinajero, Fig. 6A; courses of float areas (142, 146, 150) form wedge-shaped portions (190, 250) in forefoot and midfoot regions).
Regarding claim 32, Tinajero teaches an upper, comprising: a first zone, comprising: a plurality of knitted courses (See Tinajero, Fig. 6A; upper (98) for an article of footwear and incorporating knitted component (102) having float areas (142, 146, 150); [0032]); and at least one tensile element, wherein the at least one tensile element is incorporated into the first zone in a sequence (See Tinajero, Fig. 6A; float areas (142, 146, 150) having courses formed of first yarn type (26) and including high tensile strength second yarn type (58) as discussed with respect to Figs. 1-5), wherein the sequence comprises one or more knitted loop stitches and a float stitch extending a quantity of wales that is greater than a quantity of knitted loop stitches of the sequence, wherein the sequence is repeated multiple times within multiple courses of the plurality of knitted courses (See Tinajero, Figs. 1-5 and 6A; within float areas, second yarn type (58) is knitted to form a sequence of loops (e.g., loops (72, 74) in Fig. 2) and float stitches; float stitches extend multiple wales beyond loop of sequence; sequence is repeated along courses in float areas as seen in at least Fig. 6A).
Although Tinajero discloses an upper in the embodiment discussed above, the embodiment does not explicitly show a relation to remaining structures forming an article of footwear.
However, Tinajero further teaches an article of footwear (See Tinajero, Fig. 7; article of footwear (262) having upper (266) formed with fastening system (334) and sole structure (294)).
It at least would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the remaining components of a complete article of footwear as disclosed with respect to the embodiment of Fig. 7 of Tinajero with the upper of Fig. 6A in order to form a complete article of footwear to be worn by a user and provide complete foot protection. As a result of the modification, the modified article of footwear of Tinajero would further teach one or more second zones formed without the sequence (See Tinajero, Fig. 7; fastening system (334) includes portions without tensile element sequence; [0040]).
Regarding claim 34, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 32 above) further teaches wherein a first course of the plurality of knitted courses is adjacent to a second course of the plurality of knitted courses, wherein the sequence is offset between the first course and the second course (See Tinajero, Figs. 1-5, 6A; adjacent courses formed of second yarn type (58) are spaced or offset from one another in a wale direction; Examiner notes that the term "adjacent" is very broad and merely means "close to; lying near". (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
Claims 2 and 22, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Tinajero (as applied to claim 1 above with respect to claim 2, and as applied to claim 21 above with respect to claim 22), and further in view of US 2015/0052778 to Kirk et al. (hereinafter, “Kirk”).
Regarding claim 2, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 1 above) is silent to wherein the tensile element has a greater diameter than the first yarn.
However, Kirk, in a related footwear upper art, is directed to a shoe upper formed of materials having improved tensile strength (See Kirk, Fig. 1; abstract). More specifically, Kirk teaches wherein the tensile element has a greater diameter than the first yarn (thicker yarns in knit selected to improve strength of material in direction; See Kirk, [0050]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the tensile elements of the modified footwear of Tinajero from a thicker diameter than the first yarns for a variety of reasons including for example, but not limited to, improving strength afforded by the tensile elements in the direction of extension (See Kirk, [0050]).
Regarding claim 22, the modified article of footwear of Tinajero (i.e., as discussed with respect to claim 21 above) is silent to wherein the tensile element has a greater diameter than the first yarn.
However, Kirk, in a related footwear upper art, is directed to a shoe upper formed of materials having improved tensile strength (See Kirk, Fig. 1; abstract). More specifically, Kirk teaches wherein the tensile element has a greater diameter than the first yarn (thicker yarns in knit selected to improve strength of material in direction; See Kirk, [0050]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the tensile elements of the modified footwear of Tinajero from a thicker diameter than the first yarns for a variety of reasons including for example, but not limited to, improving strength afforded by the tensile elements in the direction of extension (See Kirk, [0050]).
Allowable Subject Matter
Claims 5, 15, 25, 31, and 33, as best can be understood, would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Tinajero teaches a knitted upper having zones with first yarns and tensile elements. That said, the tensile elements of Tinajero are spaced apart from one another in the wale direction such that each course cannot include the tensile element forming the claimed sequence and/or the tensile elements forming the claimed sequence cannot be consecutive with one another in the wale direction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. US 2016/0029736 to Meir is directed to a knitted upper having wedge sections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
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, CLINTON T OSTRUP can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732
Prosecution Insights