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 .
Response to Amendment
The amendment filed 04/21/2026 has been entered. Claims 1-19 have been amended. Claims 1-19 are pending. Applicant’s amendment to the claims have overcome 112(b) rejections and claim objections previously set forth in the Non-Final Rejection mailed 11/21/2025.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Figures: The examiner provides illustrations from the prior art with additional annotations as needed to facilitate discussion of the claim elements. Moreover, it is held that guidance as provided by the figures is sufficient to enable public possession of an inventive concept. That is, an enabling picture may be used to reject claims directed to an article to include: anticipating claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). And when the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979), see MPEP 2125.The examiner provides marked-up reproductions of applicable drawings (as needed) to facilitate discussion of the prior art.
Claims 1-5, 9-16, 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voelchert et al. (US 2024/0049837 A1 – of record as CH 717906 A2).
Regarding claim 1, Volchert discloses a method for producing a textile material – (construed as a textile element) to include providing a shaping carrier 9; providing a polymer composition as a continuous filament of thermoplastic composition, see at least [0011], [0033], [0037] – (corresponds to a thermoplastic filament, in a form of a continuous thermoplastic filament); applying/laying the thermoplastic filament on the shaping carrier such that it forms a plurality of overlapping loops on the shaping carrier, see at least [0011], [0021], Fig. 2; and bonding the filament segments by fusion, see at least [0035], claim 9 – (construed as fusing the applied thermoplastic filament into a textile element).
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As to the claimed shape is “laid in a scale pattern”: The written description provides guidance to what is intended as a “scale pattern” in paragraph [0043] and Fig. 8 (depicted above right). The examiner notes Volchert’s Fig. 2 pattern (depicted above left) is substantially the same as the applicant’s claimed “scale pattern”. And thus, the claimed pattern is anticipated.
Regarding claims 2-5, Voelchert further discloses the thermoplastic filament is in step c, is applied such that the plurality of loops in the scale pattern partially overlap with each other; and is applied such that it forms crossings with itself; and wherein fusing is carried out such that the loops are materially bonded with each other at the crossings, see Fig. 2, [0035], [0042]; and fusion is carried out by heating up the shaping carrier, see at least [0021].
Regarding claims 9-14, 19, Voelchert further discloses the thermoplastic filament is applied through the nozzle 7, by a pump 5, drive 4 and dosing head 6 – (construed as forming of a pressurized medium), onto the shaping carrier, see at least [0015], [0055], Fig. 1; and have molten polymer composition exit the nozzle and is applied to the shaping carrier as a filament, see at least [0011] – (construed as the thermoplastic filament exits the at least one nozzle in a molten state and is applied onto the shaping carrier in a solidified state); and during the application the shaping carrier is spaced a distance apart from the at least one nozzle and the shape of the plurality of loops corresponds to a movement pattern of the at least one nozzle in an enlarged scale, clearly depicted in Fig. 1; and the distance (D) between the at least one nozzle and the shaping carrier is between 20 mm and 110 mm, in particular between 40 mm to 60 mm, see [0038]. Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' with sufficient specificity”, then the claimed range is anticipated, see MPEP § 2131.03(II).
Voelchert further discloses the thermoplastic filament exits the at least one nozzle through an outlet and wherein during the application the at least one nozzle is moved relative to a dispensing axis (z) such that the thermoplastic filament forms the plurality of loops, and the at least one nozzle comprises an outlet opening and a plurality of air exit openings arranged around the outlet opening, from which a pressurized medium impinges on the thermoplastic filament, such that the thermoplastic filament which has exited the outlet opening is applied to the shaping carrier forming the plurality of loops; and the at least one nozzle is rotated around a dispensing axis (z) such that the thermoplastic filament forms the plurality of loops, see at least Figs, 1, 7, [0019], [0027], [0047].
Regarding claim 15, Voelchert further discloses the thermoplastic filament has a filament thickness in the range of 0.1 mm to 0.2 mm, see [0023] – (overlaps the claimed 0.01 mm to 0.3 mm). Concerning the claimed ranges: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' with sufficient specificity”, then the claimed range is anticipated, see MPEP § 2131.03(II).
Regarding claim 16, Voelchert further discloses the textile element is a shoe upper and is bonded to a sole, or wherein the shoe upper is bonded directly to a sole during fusing, see at least claim 13
Regarding claim 18, Voelchert further discloses the textile element comprises a shoe upper and the shaping carrier comprises a last, see at least claims 13, 15.
Regarding claim 17, Voelchert discloses a shoe comprising a textile element forming a shoe upper, see at least claim 14. The textile element produced by providing a shaping carrier 9; providing a polymer composition as a continuous filament of thermoplastic composition, see at least [0011], [0033], [0037] – (corresponds to a thermoplastic filament, in a form of a continuous thermoplastic filament); applying/laying the thermoplastic filament on the shaping carrier such that it forms a plurality of overlapping loops on the shaping carrier, see at least [0011], [0021], Fig. 2; and bonding the filament segments by fusion, see at least [0035], claim 9 – (construed as fusing the applied thermoplastic filament into a textile element). And a sole, where the shoe upper is bonded to the sole, see claim 13.
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As to the claimed shape is “laid in a scale pattern”: The written description provides guidance to what is intended as a “scale pattern” in paragraph [0043] and Fig. 8 (depicted above right). The examiner notes Volchert’s Fig. 2 pattern (depicted above left) is substantially the same as the applicant’s claimed “scale pattern”. And thus, the claimed pattern is anticipated.
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.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Voelchert et al. (US 2024/0049837 A1 – of record as CH 717906 A2), as applied to claim 1 above, and further in view of La O’ et al. (US 2018/0271216 A1 – of record as US 10980317 B2).
Regarding claims 6-8, Voelchert does not explicitly disclose the use of protrusion or pins formed on the shaping carrier, or the use of stitching.
La O’ discloses a method for creating wound material portions for incorporation into an article of footwear, particularly an upper, see abstract. The method to include providing a last 650 – (construed as a shaping carrier) with pins 720 to in order to guide and control the location of the wound fiber on the last, see at least FIGS. 28C-D, [0085], [0088] – (construed as the shaping carrier comprises a three-dimensional pattern formed by one of protrusions and pins, for receiving the laid thermoplastic filament during step c and securing it in place until step d. is carried out); and where the system is controlled by robotic arms, see [0099] – (construed as the thermoplastic filament is wound about the protrusions by a robotic arm or a CNC machine, thereby forming the plurality of loops); and the wound material is wound onto a structural support (last) and stitched thereto to form a stable structure for use in an upper, see [0052] – (construed as the thermoplastic filament is stitched with a thermoplastic stitching filament to a carrier material).
Response to Arguments
Applicant's arguments filed date have been fully considered but they are not persuasive.
Applicant’s Argument #1
Applicant argues that: As agreed upon during the interview, Voelchert, alone or in combination with the other cited art of record, do not teach or suggest at least the recited limitations of: c. laying the thermoplastic filament on the shaping carrier such that it forms a plurality of overlapping loops laid in a scale pattern on the shaping carrier; d. fusing the applied laid thermoplastic filament into a textile element.
Examiner’s Response #1
Examiner respectfully disagrees: This is not the examiner position. As stated in the examiner interview summary of 04/23/2026. The examiner indicated the proposed amendment would overcome the current rejection, but not necessarily the prior art of record. (emphasis added). The position is based on the proposed “laid in a scale pattern” is a new limitation not previously considered. As such, proposals which present new limitations would inherently overcome current rejections of record. However, this is not the same as overcoming the prior art of record for each reference is suitable for all it reasonably suggests. In this case. Voelchert’s Fig. 2 pattern (depicted above left) is substantially the same as the applicant’s claimed “scale pattern”. And thus, the claimed pattern is anticipated.
No arguments were presented for claims 2-19 over those of claim 1.
The rejections of claims 1-19 are maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 extension fee 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRICK S WILLIAMS whose telephone number is (571) 272-9776. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached on (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/CEDRICK S WILLIAMS/Primary Examiner, Art Unit 1749
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