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 .
This is in response to Applicant’s amendment in which claims 1, 10, and 17 have been amended, claim 7 has been canceled, claims 1-6 and 8-20 remain pending, and claim 9 is withdrawn from consideration.
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) 10-12 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2021/0085024), herein Chen.
Regarding claim 10, Chen discloses an article of footwear configured to transition between a neutral position and a banked position, the article of footwear comprising: an upper (100); and a sole structure (200) coupled to the upper, the sole structure comprising: a first plate (410) having a first surface and a second surface opposite the first surface; a second plate (412, 218) having a first surface and a second surface opposite the first surface of the second plate; a fin (440) extending from the first surface of the second plate, wherein at least a portion of the fin is proximate an outer periphery of the second plate (Fig. 1, 6); and at least one cushioning element (414) disposed between the first plate and the second plate, the at least one cushioning element is configured to transition between a resting state (top of Fig. 8) and a compressed state (middle and bottom of Fig. 8); wherein in the resting state, a plane extending along the second surface of the first plate is parallel with a ground surface; wherein, in the compressed state, the second surface of the first plate is positioned such that the plane forms an angle with the ground surface (see dotted lines Fig. 8); wherein, in the neutral position, the at least one cushioning element is in the resting state; and wherein, in the banked position, the at least one cushioning element is in the compressed state (paragraphs 0033-0034, 0040, 0055, 0057-0058; Fig. 1, 6, 8).
Regarding claim 11, Chen discloses that the angle is greater than 0 degrees and less than 20 degrees (depending on the force applied; Fig. 8).
Regarding claim 12, Chen discloses that the at least one cushioning element is a fluid-filled bladder (paragraph 0055).
Regarding claim 15, Chen discloses that the second plate is configured to form a ground-engaging surface of the article of footwear (Fig. 1).
Regarding claim 16, Chen discloses that the second plate includes one or more traction elements (446, 448; Fig. 6).
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) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, as applied to claim 10.
Regarding claim 13, Chen discloses that the at least one cushioning element is positioned on a medial side of the article of footwear (Fig. 6).
Regarding claim 14, Dunning discloses that the at least one cushioning element is positioned on a lateral side of the article of footwear (Fig. 6).
Chen does not disclose that the article of footwear is one of a pair of articles of footwear. 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 article of footwear one of a pair, in order to provide the user with a full set of footwear which can be worn and used.
Allowable Subject Matter
Claims 1-6, 8, and 17-20 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 10 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
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 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