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
Applicant’s amendment filed on 5/19/2026 has been received; Claims 1-41 are pending.
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.
Claims 1-24, 28-31 & 38-41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Green (US 2017/0245582).
Regarding Claim 1, Green discloses a knit heel element (120), comprising: a first knit composite zone (140, 1st, see annotated Figure 4 below) comprising a low-melting thermoplastic material (Para. 35-39) and a first knit structure (Para. 34, 40-50); a second knit composite zone (140, 2nd, see annotated Figure 4 below) integrally extending from the first knit composite zone (Figures 1, 2 & 4), the second knit composite zone comprising the low-melting thermoplastic material (Para. 35-39) and a second knit structure (Para. 34, 40-50), wherein a concentration by weight of the low-melting thermoplastic material is less in the second knit composite zone compared to the first knit composite zone (Figures 1, 2 & 4, Para. 35-39); and a knit collar (129) integrally extending from the second knit composite zone (Figures 1, 2 & 4), the knit collar comprising one or more elastic yarns (Para. 35, 38, 42, 44), wherein the first knit composite zone extends through the second knit composite zone (Figure 4).
Regarding Claim 2, Green discloses the low-melting thermoplastic material is thermoformed (Para. 53-60), defining a heel counter having a higher stiffness than a remainder of the knit heel element (Figures 1, 2 & 4).
Regarding Claim 3, Green discloses the first knit structure comprises a first knit layer (130, Para. 39-40) and a second knit layer (132, Para. 39-40).
Regarding Claim 4, Green discloses the low-melting thermoplastic material in the first knit composite zone comprises a thermoformed layer (Para. 35-39 & 53-60).
Regarding Claim 5, Green discloses the thermoformed layer is at least partially positioned between a first knit layer and a second knit layer of the first knit structure (Figures 1, 2 & 4, Para. 40-50).
Regarding Claim 6, Green discloses the thermoformed layer comprises at least one cushioning yarn (Para. 35-50).
Regarding Claim 7, Green discloses the thermoformed layer comprises at least one high-melting thermoplastic yarn (Para. 35-39).
Regarding Claim 8, Green discloses the second knit structure comprises at least a first knit layer (130, Para. 39-40) and a second knit layer (132, Para. 39-40).
Regarding Claim 9, Green discloses the second knit structure comprises a first number of yarn ends each formed entirely of a low-melting thermoplastic material positioned between the first knit layer and the second knit layer (Para. 35-50).
Regarding Claim 10, Green discloses the second knit structure comprises a second number of yarn ends each comprising a cushioning yarn positioned between the first knit layer and the second knit layer (Para. 35-50), wherein the first number of yarn ends each formed entirely of the low-melting thermoplastic material are thermoformed, in an area between the first knit layer and the second knit layer (Para. 35-50).
Regarding Claim 11, Green discloses the low-melting thermoplastic material that is thermoformed between the first knit layer and the second knit layer is interspersed among the second number of yarn ends each comprising a cushioning yarn (Para. 35-50).
Regarding Claim 12, Green discloses a knit heel element (120), comprising: a first knit zone (140, 1st, see annotated Figure 4 below) comprising a first hardness (Para. 35-50, area of 1st); a second knit zone (140, 2nd see annotated Figure 4 below) integrally extending from the first knit zone (Figures 1, 2 & 4), the second knit zone comprising a second hardness that is less than the first hardness (Para. 35-50, area of 2nd); and a knit collar (129) integrally extending from the second knit zone (Figures 1, 2 & 4), the knit collar comprising one or more elastic yarns (Para. 35, 38, 42, 44); wherein the first knit composite zone extends through the second knit composite zone (Figure 4).
Regarding Claim 13, Green discloses the second knit zone extends from the first knit zone upward to the knit collar (see annotated Figure 4 below) and wherein the first knit zone extends through the second knit zone such that the first knit zone bisects the second knit zone proximate to a heel centerline of the knit heel element (Figure 2 & 4).
Regarding Claim 14, Green discloses the first knit zone comprises a first concentration of thermoplastic polymer material per unit of surface area (Para. 35-50), and wherein the second knit zone comprises a second concentration of thermoplastic polymer material per unit of surface area (Para. 35-50), and wherein the first concentration is higher than the second concentration (Para. 35-50).
Regarding Claim 15, Green discloses the first knit zone and the second knit zone comprise a thermoformed layer (Para. 35-50).
Regarding Claim 16, Green discloses the thermoformed layer defines a heel-counter that has a higher stiffness than a remaining portion of the knit heel element (Figures 1, 2, & 4, Para. 35-50).
Regarding Claim 17, Green discloses the higher stiffness of the heel-counter is provided without a separately-formed component being incorporated into or onto the knit heel element to increase stiffness (Figures 1, 2, & 4, Para. 35-50).
Regarding Claim 18, Green discloses an article of footwear (Figure 1), comprising: a sole structure (110); and an upper (120) secured to the sole structure, the upper comprising a knit element (140) comprising a first knit zone (1st, see annotated Figure 4 below) and a second knit zone (2nd, see annotated Figure 4 below), the first knit zone comprising: a first knit layer (130, Para. 39-40), a second knit layer (132, Para. 39-40), and a thermoformed layer (Para. 35-49) located at least partially between the first knit layer and the second knit layer (Para. 35-49), the thermoformed layer comprising a low-melting thermoplastic material (Para. 35-39), and the second knit zone comprising :the first knit layer (130, Para. 39-40), the second knit layer (132, Para. 39-40), a first number of yarn ends comprising the low-melting thermoplastic material (Para. 35-50); wherein the first knit zone extends through the second knit zone proximate to a vertical midline of a heel region of the knit element (Figures 2 & 4).
Regarding Claim 19, Green discloses the upper comprises an integrally knitted heel-counter formed by the low-melting thermoplastic material that is thermoformed (Figure 1, 2 & 4, Para. 35-39 & 53-60).
Regarding Claim 20, Green discloses the integrally knitted heel-counter has a higher stiffness than a remainder of the knit element (Para. 35-50), without a separate component incorporated into or onto the knit element to increase stiffness (Para. 35-50).
Regarding Claim 21, Green discloses the thermoformed layer comprises at least one end of a cushioning yarn (Para. 35-49), and wherein the second knit zone comprises a second number of yarn ends of a cushioning yarn (Para. 35-49).
Regarding Claim 22, Green discloses the first knit layer and the second knit layer each comprise a high-melting thermoplastic yarn (Para. 35-49).
Regarding Claim 23, Green discloses the thermoformed layer further comprises at least one end of a high-melting thermoplastic yarn (Para. 35-50).
Regarding Claim 24, Green discloses in the second knit zone, the first number of yarn ends comprising the low-melting thermoplastic material are each entirely formed of the low-melting thermoplastic material (Para. 35-50).
Regarding Claim 28, Green discloses the first number of yarn ends comprising the low-melting thermoplastic material in the second knit zone is five yarn ends (Para. 35-50).
Regarding Claim 29, Green discloses a cushioning yarn (Para. 35-49) is inlaid between the first knit layer and the second knit layer in the first knit zone (Para. 35-50).
Regarding Claim 30, Green discloses the first number of yarn ends comprising the low-melting thermoplastic material in the second knit zone is intermittently interlooped with yarns forming one or more of the first knit layer and the second knit layer of the first knit zone (Para. 35-50).
Regarding Claim 31, Green discloses the first knit zone includes a higher concentration per unit of surface area of the low-melting thermoplastic material than the second knit zone (Para. 35-50).
Regarding Claim 38, Green discloses a method of manufacturing a knit element for an upper of an article of footwear (Para. 53-60), the method comprising :knitting a first knit layer (130, Para. 39-40) and a second knit layer (132, Para. 39-40); positioning yarn ends comprising a low-melting thermoplastic material between the first knit layer and the second knit layer (Para. 35-50); positioning yarn ends comprising a cushioning yarn (Para. 39-40) between the first knit layer and the second knit layer (Para. 35-50); and thermoforming at least a first knit zone of the knit element such that a thermoformed layer is formed at least partially between the first knit layer and the second knit layer, the thermoformed layer being located in a heel area (Para. 53-60); wherein the knit element further comprises a second knit zone, and wherein the first knit zone extends through the second knit zone (Figure 4).
Regarding Claim 39, Green discloses forming the knit element into an upper (Figure 1, 2 & 4) and incorporating the upper into an article of footwear (Figure 1, 2 & 4), such that the thermoformed layer forms an integral heel-counter in the heel area of the article of footwear (Para. 53-60).
Regarding Claim 40, Green discloses the integral heel-counter is formed without a separate component being integrated into or onto the heel area for increasing a stiffness of the heel area (Para. 35-50).
Regarding Claim 41, Green discloses wherein, during thermoforming, the heel area of the knit element is thermoformed into a three-dimensional shape (Figure 1, 2 & 4).
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 25-27 & 32-37 are rejected under 35 U.S.C. 103 as being unpatentable over Green (US 2017/0245582).
Regarding Claim 25, Green discloses the first number of yarn ends comprising the low-melting thermoplastic material comprise one or more of a low- melting yarn and a low-melting polyamide yarn (Para. 35-50). Green does not specifically disclose polyethylene terephthalate yarn. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the material of the yarn as claimed, since it is well within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Also, such a modification would be considered a mere choice of preferred material that is on the basis of its suitability for the intended use. In other words, using polyethylene terephthalate would have been an "obvious to try" approach because the use of such a material that is not of innovation but of ordinary skill and common sense.
Regarding Claim 26, Green discloses the first number of yarn ends comprising the low-melting thermoplastic material are the low-melting polyethylene terephthalate yarn, and wherein a melting point of the low-melting polyethylene terephthalate yarn is less than or equal to about 135 degrees Celsius (Para. 35-49).
Regarding Claim 27, Green discloses the first number of yarn ends comprising the low-melting thermoplastic material are the low-melting polyamide yarn, and wherein a melting point of the low-melting polyamide yarn is less than or equal to about 135 degrees Celsius (Para. 35-49).
Regarding Claim 32, Green discloses an article of footwear (Figure 1) comprising a sole structure (110), an upper (120) secured to the sole structure, and a knit heel element (Para. 35-49), each knit heel element comprising a first knit layer (130, Para. 39-40) comprising an outer-facing surface of the knit heel element (Figures 1, 2 & 4), and a second knit layer (132, Para. 39-40) comprising an inner-facing surface of the knit heel element (Figures 1, 2 & 4), the array of articles of footwear comprising at least: a first article of footwear configured for a first category of sporting activity (Para. 27), a first knit heel (140) element of the first article of footwear comprising: a first knit zone (1st, see annotated Figure 4 below) located at a lower portion of the first knit heel element, the first knit zone comprising a thermoformed layer comprising a low-melting thermoplastic material (Para. 35-49) and at least positioned between the first knit layer (130, Para. 39-40) and the second knit layer (132, Para. 39-40), and a second knit zone (2nd, see annotated Figure 4 below) located above the first knit zone, the second knit zone comprising a first number of yarn ends comprising the low-melting thermoplastic material (Para. 35-50) and a second number of yarn ends comprising a cushioning yarn (Para. 35-50); wherein the first knit zone of the first knit heel element extends through the second knit zone of the first knit heel element (Figure 4). Green does not specifically disclose a second article of footwear. However, it would have been obvious to one of ordinary skill in the art before the effective filing date to create a second mirror image of the footwear in order to provide another footwear for the wearers’ other foot (i.e. right & left ) or for production. Such a modification would be considered a mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 70. Therefore, Green discloses a second article of footwear configured for a second category of sporting activity different from the first category of sporting activity (Para. 27), a second knit heel element (140) of the second article of footwear comprising: a third knit zone (1st, see annotated Figure 4 below) located at a lower portion of the second knit heel element, the third knit zone comprising a thermoformed layer comprising the low-melting thermoplastic material (Para. 35-49) and at least partially positioned between the first knit layer (130, Para. 39-40) and the second knit layer (132, Para. 39-40), and a fourth knit zone (2nd, see annotated Figure 4 below) located above the third knit zone, the fourth knit zone comprising a third number of yarn ends comprising the low-melting thermoplastic material (Para. 35-50) and a fourth number of yarn ends comprising a cushioning yarn (Para. 35-50), wherein the first knit zone of the first article of footwear and the third knit zone of the second article of footwear comprise different surface areas and/or the second knit zone of the first article of footwear and the fourth knit zone of the second article of footwear comprise different surface areas (Para. 35-50, various surface areas can be formed). Therefore, the third knit zone of the second knit heel element extends through the fourth knit zone of the second knit heel element (Figure 4).
Regarding Claim 33, Green discloses the thermoformed layer of the first knit heel element defines a first heel-counter comprising a first stiffness that is higher than a stiffness of a remainder of the first knit zone and the second knit zone (Para. 35-50), and wherein the thermoformed layer of the second knit heel element defines a second heel- counter comprising a second stiffness that is higher than a stiffness of a remainder of the third knit zone and the fourth knit zone (Para. 35-50).
Regarding Claim 34, Green discloses the first stiffness and the second stiffness are different (Para. 35-50).
Regarding Claim 35, Green discloses the first heel-counter and the second heel-counter are each integrally formed with the first knit heel element and the second knit heel element (Figures 1, 2 & 4, Para. 35-50), respectively, without a separate component being integrated therein or thereon for increasing stiffness (Figures 1, 2 & 4, Para. 35-50).
Regarding Claim 36, Green discloses the thermoformed layer in each of the first knit zone of the first article of footwear and the third knit zone of the second article of footwear comprise at least one end of a high-melting thermoplastic yarn (Para. 35-39).
Regarding Claim 37, Green discloses each of the second number of yarn ends comprising the low-melting thermoplastic material in the second knit zone of the first article of footwear (Para. 35-50) and the third number of yarn ends comprising the low-melting thermoplastic material in the fourth knit zone of the second article of footwear comprise one or more of a low-melting polyethylene terephthalate yarn and a low-melting polyamide yarn (Para. 35-50).
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Response to Arguments
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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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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