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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 1/27/2026 is acknowledged.
Claims 1-26 and 37-46 are being treated on the merits.
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 1-3, 7-12, 37 & 43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meir (US 2020/0375317).
Regarding Claim 1, Meir discloses an article of footwear (Figures 12 & 13, Para. 4, 5 & 55-56), comprising: a sole structure (1300); and a knitted upper (1200) secured to the sole structure (Figure 13), the knitted upper comprising: a first knit zone (128) comprising: a first knit layer (104) located on an outer-facing surface of the knitted upper (Figure 1), a second knit layer (112) located on an inner-facing surface of the knitted upper (Figure 1), and a third thermoformed layer (120) substantially contained between the first knit layer and the second knit layer (Figure 1), and a second knit zone (130) comprising: the first knit layer (104), the second knit layer (112), and a first plurality of inlaid yarns (132) at least partially positioned between the first knit layer and the second knit layer (Figure 1).
Regarding Claim 2, Meir discloses the first plurality of inlaid yarns comprises a thermoplastic material (Para. 37 & 54).
Regarding Claim 3, Meir discloses a third knit zone (Figures 9E-9G) comprising: the first knit layer (104); the second knit layer (112); and a second plurality of inlaid yarns (120) at least partially positioned between the first knit layer and the second knit layer (Figures 9E-9G).
Regarding Claim 7, Meir discloses the first plurality of inlaid yarns comprises either one or two yarn ends inlaid along each of a plurality of knit courses in the second knit zone (Figure 1 & 2, Para. 37).
Regarding Claim 8, Meir discloses the second plurality of inlaid yarns comprises either one or two yarn ends inlaid along each of a plurality of knit courses in the third knit zone (Figures 9E-9G, Para. 44) .
Regarding Claim 9, Meir discloses the first knit zone is located at a toe area of the knitted upper (Figures 1, 12 & 13).
Regarding Claim 10, Meir discloses the second knit zone is located at one or more of a medial side and a lateral side of a midfoot region of the knitted upper (Figures 1, 12 & 13).
Regarding Claim 11, Meir discloses the third knit zone is located at a heel area of the knitted upper (Figures 1, 12 & 13).
Regarding Claim 12, Meir discloses the third thermoformed layer forms a substantially water-resistant or water-proof barrier (Para. 47, 54, 62).
Regarding Claim 37, Meir discloses an article of footwear (Figures 12 & 13, Para. 4, 5 & 55-56), comprising: a sole structure (1300); and a knitted upper (1200) secured to the sole structure (Figure 13), the knitted upper comprising: a first knit zone (128) comprising: a first knit layer (104) located on an outer-facing surface of the knitted upper (Figure 1), a second knit layer (112) located on an inner-facing surface of the knitted upper (Figure 1), and a thermoformed layer (120) substantially contained between the first knit layer and the second knit layer (Figure 1), wherein the first knit zone extends from forefoot region and into a midfoot region on a lateral side (Figures 1, 12 & 13), wherein the first knit zone extends a greater distance toward a heel area of the knitted upper on the lateral side compared to a medial side of the knitted upper (Figures 1, 12 & 13).
Regarding Claim 43, Meir discloses the thermoformed layer is formed by melting one or more inlaid yarns between the first knit layer and the second knit layer (Para. 37-40 & 44).
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 4-6, 13-26, 38-42 & 44-46 are rejected under 35 U.S.C. 103 as being unpatentable over Meir (US 2020/0375317) in view of Cox (USPN 12,252,819).
Regarding Claim 4, Meir does not specifically disclose wherein in the second knit zone, the first knit layer comprises a first plurality of openings having a first size, and wherein in the third knit zone, the first knit layer comprises a second plurality of openings having a second size smaller than the first size. However, Cox discloses a second knit zone (2nd, see annotated Figure 5A below) with inlaid yarns, the first knit layer comprises a first plurality of openings (openings, see annotated Figure 5A below) having a first size, and wherein in a third knit zone (3rd, see annotated Figure 5A below) with inlaid yarns, the first knit layer comprises a second plurality of openings having a second size smaller than the first size (66 & 68, Col. 8, line 30- Col. 9, line 3). It would have been obvious to one of ordinary skill in the art before the effective filing date to include openings, as taught by Cox, to the knit zones of Meir, in order to provide an appealing visual appearance.
Regarding Claim 5, the combination of Meir and Cox disclose at least a portion of the first plurality of inlaid yarns is visible by way of the first plurality of openings in the first knit layer (as modified, Cox, Figure 5A).
Regarding Claim 6, the combination of Meir and Cox disclose at least a portion of the second plurality of inlaid yarns is visible by way of the second plurality of openings in the first knit layer (as modified, Cox, Figure 5A).
Regarding Claim 13, Meir discloses an article of footwear (Figures 12 & 13, Para. 4, 5 & 55-56), comprising: a sole structure (1300); and a knitted upper (1200) secured to the sole structure (Figure 13), the knitted upper comprising: a first knit zone (128) comprising: a first knit layer (104) located on an outer-facing surface of the knitted upper (Figure 1), a second knit layer (112) located on an inner-facing surface of the knitted upper (Figure 1), and a third layer of thermoplastic material (120) substantially contained between the first knit layer and the second knit layer (Figure 1); and a second knit zone (130) comprising: the first knit layer (104), the second knit layer (112), and a first plurality of inlaid yarns (132) at least partially positioned between the first knit layer and the second knit layer (Figure 1). Meir does not specifically disclose the first knit layer comprising a first plurality of openings and at least a portion of the first plurality of inlaid yarns being visible by way of the first plurality of openings in the first knit layer. However, Cox discloses a first knit layer (60) comprising a first plurality of openings (68, 66 & openings, see annotated Figure 5A below) and at least a portion of the first plurality of inlaid yarns being visible by way of the first plurality of openings in the first knit layer (Figure 5A, Col. 8, line 30- Col. 9, line 3). It would have been obvious to one of ordinary skill in the art before the effective filing date to include openings, as taught by Cox, to the knit zones of Meir, in order to provide an appealing visual appearance.
Regarding Claim 14, the combination of Meir and Cox disclose the third layer in the first knit zone comprises a thermoformed layer (Meir, Para 37 & 54).
Regarding Claim 15, the combination of Meir and Cox disclose the third layer is not visible in the first knit zone (Meir, Figure 1).
Regarding Claim 16, the combination of Meir and Cox disclose each opening of the first plurality of openings has a length dimension and a width dimension, the length dimension being greater than the width dimension (Cox, Figures 5A & Col. 8, line 30- Col. 9, line 3).
Regarding Claim 17, the combination of Meir and Cox disclose the first plurality of inlaid yarns comprises a thermoplastic material (Meir, Para. 37 & 54).
Regarding Claim 18, the combination of Meir and Cox disclose the first plurality of inlaid yarns comprises either one or two yarn ends inlaid along each of a plurality of knit courses in the second knit zone (Meir, Figures 1, 12 & 13).
Regarding Claim 19, the combination of Meir and Cox disclose the first knit zone is located at a toe area of the knitted upper (Meir, Figures 1, 12 & 13) and along a portion of a medial side and a lateral side of a forefoot region of the knitted upper (Meir, Figures 1, 12 & 13).
Regarding Claim 20, the combination of Meir and Cox disclose the first knit zone extends a greater distance toward a heel area of the knitted upper on the lateral side of the forefoot region compared to the medial side of the forefoot region (Meir, Figures 1, 12 & 13).
Regarding Claim 21, the combination of Meir and Cox disclose the second knit zone is located at one or more of the medial side and the lateral side of a midfoot region of the knitted upper (Meir, Figures 1, 12 & 13).
Regarding Claim 22, the combination of Meir and Cox disclose the second knit zone is integrally knit with the first knit zone such that the second knit zone seamlessly extends from the first knit zone (Meir, Figures 1, 12 & 13).
Regarding Claim 23, the combination of Meir and Cox disclose comprising a third knit zone (Meir, Figures 9E-9G) comprising: the first knit layer (Meir, 104) having a second plurality of openings (Cox, 68, 66 or openings, see annotated Figure 5A below); the second knit layer (Meir, 112); and a second plurality of inlaid yarns (Meir, 120) at least partially positioned between the first knit layer and the second knit layer (Meir, Figures 9E-9G), at least a portion of the second plurality of inlaid yarns being visible by way of the second plurality of openings in the first knit layer (Cox, Figure 5A).
Regarding Claim 24, the combination of Meir and Cox disclose the first plurality of openings (Cox, openings, see annotated Figure 5A below) in the second knit zone comprises a first size, and wherein the second plurality of openings in the third knit zone comprises a second size smaller than the first size (Cox, 66 & 68, Col. 8, line 30- Col. 9, line 3).
Regarding Claim 25, the combination of Meir and Cox disclose the third knit zone is located at a heel area of the knitted upper (Meir, Figures 1, 12 & 13).
Regarding Claim 26, the combination of Meir and Cox disclose the third knit zone is integrally knit with the second knit zone such that the third knit zone seamlessly extends from the second knit zone (Meir, Figure 1).
Regarding Claim 38, Meir discloses comprising a second knit zone (130) comprising: the first knit layer (104); the second knit layer (112); and a first plurality of inlaid yarns (132) at least partially positioned between the first knit layer and the second knit layer (Figure 1). Meir does not specifically disclose the first knit layer comprising a first plurality of openings and at least a portion of the first plurality of inlaid yarns being visible by way of the first plurality of openings in the first knit layer. However, Cox discloses a first knit layer (60) comprising a first plurality of openings (68, 66 &/or openings, see annotated Figure 5A below) and at least a portion of the first plurality of inlaid yarns being visible through the first plurality of openings in the first knit layer (Figure 5A, Col. 8, line 30- Col. 9, line 3). It would have been obvious to one of ordinary skill in the art before the effective filing date to include openings, as taught by Cox, to the knit zones of Meir, in order to provide an appealing visual appearance.
Regarding Claim 39, the combination of Meir and Cox disclose further comprising a third knit zone (Meir, Figures 9E-9G) comprising: the first knit layer (Meir, 104) with a second plurality of openings (68, 66 &/or openings, see annotated Figure 5A below); the second knit layer (Meir, 112); and a second plurality of inlaid yarns (Meir, 120) at least partially positioned between the first knit layer and the second knit layer (Meir, Figure 1), at least a portion of the second plurality of inlaid yarns being visible through the second plurality of openings in the first knit layer (Cox, Figure 5A, Col. 8, line 30- Col. 9, line 3).
Regarding Claim 40, the combination of Meir and Cox disclose the first plurality of openings and the second plurality of openings are different sizes (Cox, Figure 5A, Col. 8, line 30- Col. 9, line 3).
Regarding Claim 41, the combination of Meir and Cox disclose a length dimension of the first plurality of openings is smaller than a length dimension of the second plurality of openings (Cox, Figure 5A, Col. 8, line 30- Col. 9, line 3).
Regarding Claim 42, the combination of Meir and Cox disclose the first plurality of openings comprise a first uniform size and the second plurality of openings comprise a second uniform size (Cox, Figure 5A, Col. 8, line 30- Col. 9, line 3).
Regarding Claim 44, the combination of Meir and Cox disclose the third knit zone extends in the heel area (Meir, Figures 1, 12 & 13) and wherein the second knit zone extends between the first knit zone and the third knit zone (Meir, Figures 1, 12 & 13).
Regarding Claim 45, the combination of Meir and Cox disclose the first knit zone and the second knit zone are integrally knitted (Meir, Figures 1, 12 & 13).
Regarding Claim 46, the combination of Meir and Cox disclose yarns forming the first knit layer comprise a first color, and wherein the first plurality of inlaid yarns comprise a second color different from the first color (Cox, Figure 5A, Col. 8, line 30- Col. 9, line 3).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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