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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/19/2026 has been entered.
Claim 10 has been amended, claims 1-6 and 8-20 remain pending, and claim 9 is withdrawn from consideration.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.
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10-12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldston et al. (US 8,752,306), herein Goldston.
Regarding claim 10, Goldston discloses an article of footwear configured to transition between a neutral position and a banked position, the article of footwear comprising: an upper (24); and a sole structure (38, 22) coupled to the upper, the sole structure comprising: a first plate (920) having a first surface and a second surface opposite the first surface; a second plate (910) having a first surface and a second surface opposite the first surface of the second plate, the second surface being a ground-facing surface of the second plate; a fin (930a, 930b) extending along and extending from the first surface of the second plate toward the first plate, wherein at least a portion of the fin is proximate an outer periphery (rear outer periphery) of the second plate (Fig. 81); and at least one cushioning element (950a) disposed between the first plate and the second plate, the at least one cushioning element is configured to transition between a resting state (Fig. 83D) and a compressed state (force applied to sole structure); wherein in the resting state, a plane extending along the second surface of the first plate is parallel with a ground surface (Fig. 83D); 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 (plates are pushed together; column 4, lines 54-55); 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 (column 22, line 19-column 23, line 27; Fig. 81-83D).
Regarding claim 11, Goldston discloses that the angle is greater than 0 degrees and less than 20 degrees (depending on the force applied).
Regarding claim 12, Goldston discloses that the at least one cushioning element is a fluid-filled bladder (nest filled with gasses).
Regarding claim 15, Goldston discloses that the second plate is configured to form a ground-engaging surface of the article of footwear (wherein the second plate is capable of forming a ground-engaging surface).
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) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldston, as applied to claim 10.
Regarding claim 13, Goldston discloses that the at least one cushioning element is positioned on a medial side of the article of footwear (Fig. 19).
Regarding claim 14, Goldston discloses that the at least one cushioning element is positioned on a lateral side of the article of footwear (Fig. 19).
Goldston 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.
Claim 16 is 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) 10-16 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
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