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 2/19/2026 has been received; Claims 1-20 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 10, 11, 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bonin (US 2022/0225729).
Regarding Claim 10, Bonin discloses an article of footwear (Figures 49-59) configured to transition between a neutral position and a banked position (Para. 106, 108-110, 121, & 164-165), the article of footwear comprising: a medial side (1716) and a lateral side (1718) disposed opposite the medial side, an upper (1702); and a sole structure (1704) coupled to the upper, the sole structure comprising: a sleeve (1730) extending from a first end to a second end (Figures 55-59), the sleeve including: a first plate (1730A) having a first surface (Figures 55-59) and a second surface opposite to the first surface (Figures 55-59), the first plate extending from the first end to the second end (Figures 49-51); a second plate (1730B) having a first surface (Figures 55-59) and a second surface opposite to the first surface of the second plate (Figures 55-59), the second plate extending from the first end toward the second end (Figures 49-51), the second plate being subdivided into at least two interconnected pieces by at least one slot (slot indicated by 1730A in Figure 50), and the at least one slot extending from the medial side of the article of footwear to the lateral side of the article of footwear (Figure 50); wherein the second plate includes a first spike (one of 1744 and/or 1794) and a second spike (another one of 1744 and/or 1794); a brace (1790, 1792, Para. 162-163) coupling the first plate to the second plate (Figures 55-59), wherein the first plate is movable relative to the second plate via the brace (Para. 106, 108-110, 121, & 164-165); and a first cushioning element (1750) disposed between the first plate and the second plate (Figures 49-51), the first cushioning element is configured to transition between a resting state and a compressed state (Para. 106, 108-110, 121, & 164-165); wherein, in the resting state, a plane extending along the second surface of the first plate is parallel with a ground surface (Figures 55-59, Para. 106, 108-110, 121, & 164-165), wherein, in the compressed state, the plane extending along the second surface of the first plate forms an angle between the ground surface and the plane (Para. 106, 108-110, 121, & 164-165), wherein in the neutral position, the first cushioning element is in the resting state (Para. 106, 108-110, 121, & 164-165), and wherein in the banked position, a force applied to the first plate compresses the first cushioning element into the compressed state (Para. 106, 108-110, 121, & 164-165).
Regarding Claim 11, Bonin discloses the first cushioning element is a fluid-filled bladder (Para, 119-120).
Regarding Claim 13, Bonin discloses the article of footwear is a right article of footwear of a pair of articles of footwear (Para. 92 & 100) and the first cushioning element is positioned on a medial side of the right article of footwear (Figures 50 & 55).
Regarding Claim 14, Bonin discloses the article of footwear is a left article of footwear of a pair of articles of footwear (Para. 73, 92 & 100) and the first cushioning element is positioned on a lateral side of the left article of footwear(Figures 50 & 55).
Regarding Claim 15, Bonin discloses the second plate forms a ground-engaging surface of the article of footwear (Figure 59).
Regarding Claim 16, Bonin discloses the first spike is configured to move relative to a vertical axis of the article of footwear (Para. 164-165), and the second spike is configured to translate relative to the vertical axis of the article of footwear (Para. 164-165).
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bonin (US 2022/0225729).
Regarding Claim 12, Bonin does not specifically disclose the angle is greater than 0 degrees and less than 20 degrees. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of angle for the compressed stated in order to achieve an optimal configuration for the purpose of impact absorption, since discovering the optimum or workable ranges of the angle involves only routine skill in the art.
Allowable Subject Matter
Claims 1-9 & 17-20 allowed over the prior art of record.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
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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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
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