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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/02/2026 has been entered.
Claims 1, 7, and 19 have been amended, and claims 1-24 remain pending in this application.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 6-11, 15-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bunnell et al. (US 2017/0127755), herein Bunnell.
Regarding claim 1, Bunnell discloses a sole structure for a shoe, comprising: a forefoot portion; a heel portion; and a midfoot portion coupled to the forefoot portion and the heel portion, the midfoot portion comprising: a medial arch (medial portion of plate 26 extending in an arch around plate 24) comprising a medial forefoot arm extending toward the heel portion and a medial heel arm extending toward the forefoot portion (Fig. 2), wherein the medial forefoot arm and the medial heel arm meet at a medial apex of the medial arch, and wherein the medial arch defines a medial void (44) located between the medial forefoot arm and the medial heel arm, a lateral arch (lateral portion of plate 26 extending in an arch around plate 24) comprising a lateral forefoot arm extending toward the heel portion and a lateral heel arm extending toward the forefoot portion, wherein the lateral forefoot arm and the lateral heel arm meet at a lateral apex of the lateral arch, and wherein the lateral arch defines a lateral void (46) located between the lateral forefoot arm and the lateral heel arm (Fig. 2), and a support tie (24) located between the lateral arch and the medial arch, the support tie comprising: a forefoot plate connected to the medial arch and the lateral arch, a heel plate connected to the medial arch and the lateral arch, and a flexible portion (30) extending between the forefoot plate and the heel plate; wherein the midfoot portion comprises a first bending stiffness in a plantarflexion direction and a second bending stiffness in a dorsiflexion direction that is different from the first bending stiffness (paragraphs 0049, 0053, 0055, 0059, 0060, 0067, 0069, 0074; Fig. 1-7).
Regarding claim 6, Bunnell discloses that each of the medial arch and the lateral arch extend toward a neutral foot axis of a foot of a user when the sole structure is worn by the user (Fig. 2).
Regarding claim 7, Bunnell discloses that the flexible portion allows bending of the midfoot portion in the plantarflexion direction and limits bending of the midfoot portion in the dorsiflexion direction (paragraph 0069; Fig. 6, 7).
Regarding claim 8, Bunnell discloses that the flexible portion comprises a plurality of segments extending between the forefoot plate and the heel plate, the plurality of segments comprising a first segment and a second segment rotatably coupled by a hinge (Fig. 6).
Regarding claim 9, Bunnell discloses that a ground-facing surface of the first segment and a ground-facing surface of the second segment are configured to rotate toward each other when the midfoot portion bends in the plantarflexion direction, and wherein the ground-facing surface of the first segment and the ground-facing surface of the second segment are configured to rotate away from each other when the midfoot portion bends in the dorsiflexion direction (Fig. 6, 7).
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Regarding claim 10, Bunnell discloses that the plurality of segments is configured to limit bending of the midfoot portion in the dorsiflexion direction (paragraph 0069; Fig. 7).
Regarding claim 11, Bunnell discloses that the flexible portion comprises a resilient structure extending between the forefoot plate and the heel plate, wherein the resilient structure exerts a first compressive force between the forefoot plate and the heel plate when the midfoot portion is bent in the plantarflexion direction, and the resilient structure exerts a second compressive force between the forefoot plate and the heel plate when the midfoot portion is bent in the dorsiflexion direction, and wherein the second compressive force is larger than the first compressive force (paragraphs 0067, 0069, 0081).
Regarding claim 15, Bunnell discloses that the midfoot portion is formed from a polyurethane, a thermoplastic elastomer, a polyamide, or a combination thereof (paragraph 0081).
Regarding claim 16, Bunnell discloses a shoe comprising the sole structure of claim 1 (Fig. 4).
Regarding claim 17, Bunnell discloses that each of the forefoot portion and the heel portion comprise cleats (paragraph 0080; Fig. 1, 2).
Regarding claim 19, Bunnell discloses a sole structure for a shoe, comprising: a forefoot portion; a heel portion; and a midfoot portion comprising: a support tie (24) comprising: a forefoot plate connected to the forefoot portion, a heel plate connected to the heel portion, and a flexible portion (30) extending between the forefoot plate and the heel plate, an arch (Fig. 2) connected to the support tie at the forefoot plate and the heel plate, the arch comprising a forefoot arm extending toward the heel portion and a heel arm extending toward the forefoot portion, wherein the forefoot arm and the heel arm meet at an apex of the arch, and wherein the arch defines a void (44) located between the forefoot arm and the heel arm, and wherein the flexible portion allows bending of the midfoot portion in a plantarflexion direction and limits bending of the midfoot portion in a dorsiflexion direction (paragraphs 0049, 0053, 0055, 0059, 0060, 0067, 0069, 0074; Fig. 1-7).
Regarding claim 20, Bunnell discloses that the flexible portion comprises a plurality of rotatable segments configured to limit bending of the midfoot portion in the dorsiflexion direction (Fig. 6).
Claim(s) 1, 5-7, 11-14, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terlizzi et al. (US 7,337,558), herein Terlizzi.
Regarding claim 1, Terlizzi discloses a sole structure for a shoe, comprising: a forefoot portion; a heel portion; and a midfoot portion coupled to the forefoot portion and the heel portion, the midfoot portion comprising: a medial arch (126A, 128, 130) comprising a medial forefoot arm extending toward the heel portion and a medial heel arm extending toward the forefoot portion (Fig. 1A), wherein the medial forefoot arm and the medial heel arm meet at a medial apex of the medial arch, and wherein the medial arch defines a medial void (beneath band 126A) located between the medial forefoot arm and the medial heel arm, a lateral arch (126B, 128, 130) comprising a lateral forefoot arm extending toward the heel portion and a lateral heel arm extending toward the forefoot portion, wherein the lateral forefoot arm and the lateral heel arm meet at a lateral apex of the lateral arch (Fig. 1A, 1C), and wherein the lateral arch defines a lateral void (beneath band 126B) located between the lateral forefoot arm and the lateral heel arm, and a support tie located between the lateral arch and the medial arch, the support tie comprising: a forefoot plate (110) connected to the medial arch and the lateral arch, a heel plate (118) connected to the medial arch and the lateral arch, and a flexible portion (140) extending between the forefoot plate and the heel plate; wherein the midfoot portion comprises a first bending stiffness in a plantarflexion direction and a second bending stiffness in a dorsiflexion direction that is different from the first bending stiffness (wherein the material 140 is made of an elastic material which will shrink in plantarflexion and stretch in dorsiflexion) (column 5, line 16-column 7, line 21; Fig. 1A-1C).
Regarding claim 5, Terlizzi discloses that the medial arch comprises at least one medial lace aperture (131) extending through the medial arch, and the lateral arch comprises at least one lateral lace aperture (131) extending through the lateral arch (column 6, lines 20-21; Fig. 1A).
Regarding claim 6, Terlizzi discloses that each of the medial arch and the lateral arch extend toward a neutral foot axis of a foot of a user when the sole structure is worn by the user (Fig. 1A).
Regarding claim 7, Terlizzi discloses that the flexible portion allows bending of the midfoot portion in the plantarflexion direction and limits bending of the midfoot portion in the dorsiflexion direction (wherein the material 140 is made of an elastic material which will shrink in plantarflexion and stretch in dorsiflexion).
Regarding claim 11, Terlizzi discloses that the flexible portion comprises a resilient structure extending between the forefoot plate and the heel plate, wherein the resilient structure exerts a first compressive force between the forefoot plate and the heel plate when the midfoot portion is bent in the plantarflexion direction, and the resilient structure exerts a second compressive force between the forefoot plate and the heel plate when the midfoot portion is bent in the dorsiflexion direction, and wherein the second compressive force is larger than the first compressive force (column 7, lines 11-21).
Regarding claim 12, Terlizzi discloses that the resilient structure comprises an elastic band.
Regarding claim 13, Terlizzi discloses that the support tie bridges a gap between the forefoot portion and the heel portion (Fig. 1C).
Regarding claim 14, Terlizzi discloses that the medial void is further defined by the support tie and the lateral void is further defined by the support tie (Fig. 1A, 1C).
Regarding claim 16, Terlizzi discloses a shoe comprising the sole structure of claim 1 (Fig. 1A).
Regarding claim 17, Terlizzi discloses that each of the forefoot portion and the heel portion comprise cleats (tread members as seen in Fig. 1B, 1C).
Regarding claim 18, Terlizzi discloses that a shoelace laced through a medial lace aperture (131) formed in the medial arch and a lateral lace aperture (131) formed in the lateral arch (column 6, lines 20-21; Fig. 1A).
Regarding claim 19, Terlizzi discloses a sole structure for a shoe, comprising: a forefoot portion; a heel portion; and a midfoot portion comprising: a support tie comprising: a forefoot plate (110) connected to the forefoot portion, a heel plate connected to the heel portion (118), and a flexible portion (140) extending between the forefoot plate and the heel plate, an arch (126A, 128, 130) connected to the support tie at the forefoot plate and the heel plate, the arch comprising a forefoot arm extending toward the heel portion and a heel arm extending toward the forefoot portion, wherein the forefoot arm and the heel arm meet at an apex of the arch, and wherein the arch defines a void (beneath band 126A) located between the forefoot arm and the heel arm, and wherein the flexible portion allows bending of the midfoot portion in a plantarflexion direction and limits bending of the midfoot portion in a dorsiflexion direction (wherein the material 140 is made of an elastic material which will shrink in plantarflexion and stretch in dorsiflexion) (column 5, line 16-column 7, line 21; Fig. 1A-1C).
Regarding claim 20, Terlizzi discloses that the flexible portion comprises a resilient structure configured to limit bending of the midfoot portion in the dorsiflexion direction.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3, 4, 23, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bunnell, as applied to claim 1.
Regarding claim 3, Bunnell appears to show that the medial and lateral radii of curvature are approximately constant (at least at the central portion of each arch; Fig. 2), but does not explicitly discuss the radius of curvature. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the medial and lateral radii of curvature approximately constant in order to provide a comfortable shape to the sole which generally conforms to the shape of the foot.
Regarding claim 4, Long teaches that the medial radius of curvature and the lateral radius of curvature are approximately equal (Fig. 2).
Regarding claims 23 and 24, Bunnell does not disclose the specific first and second bending stiffnesses. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first bending stiffness in the range of 0.1 N-m/degree to 0.8 N-m/degree and the second bending stiffness in the range of 0.8 N-m/degree to 1.6 N-m/degree, or the first bending stiffness at least 0.1 N-m/degree less than the second bending stiffness, in order to provide specific support and flexibility to the sole structure, depending on the needs of the user. The claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Terlizzi, as applied toc claim 1.
Regarding claim 2, Terlizzi appears to show the medial forefoot arm extends toward the heel portion at a first angle that is greater than or equal to 30 degrees and less than or equal to 85 degrees relative to a midfoot plane of the midfoot portion, wherein the medial heel arm extends toward the forefoot portion at a second angle that is greater than or equal to 30 degrees and less than or equal to 85 degrees relative to the midfoot plane, wherein the lateral forefoot arm extends toward the heel portion at a third angle that is greater than or equal to 30 degrees and less than or equal to 85 degrees relative to a midfoot plane, and wherein the lateral heel arm extends toward the forefoot portion at a fourth angle that is greater than or equal to 30 degrees and less than or equal to 85 degrees relative to the midfoot plane (Fig. 1A), but does not explicitly disclose the angles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first, second, third, and fourth angles between 30 degrees and 85 degrees in order to provide sufficient support and strength to the midfoot. The claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 21-22 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 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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/SHARON M PRANGE/ Primary Examiner, Art Unit 3732
