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 .
Information Disclosure Statement
Since this application is a continuation of US Applications 16/698138 and 17/976042, the Examiner has considered the information provided in the parent application (per MPEP 609.02). Should Applicant desire the information to be printed in any patent issuing from this application, a new listing of the information must be separately submitted.
Election/Restrictions
Applicant’s election without traverse of Species 1 (Fig. 1A-3) in the reply filed on 02/04/2026 is acknowledged.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 recites the limitation “the bladder” in line 4. It appears that this limitation should read --the reservoir bladder-- to clarify which bladder is being recited.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,510,458. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed structure of the present invention may be wholly derived from the claimed subject matter of the patent.
Claims 1, 3-5, 7-10, and 14-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,121,102. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed structure of the present invention may be wholly derived from the claimed subject matter of the patent.
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 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.
Claim(s) 1-5, 7-12, 14, and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dojan et al. (US 2007/0084082), herein Dojan.
Regarding claim 1, Dojan discloses a foot support system, comprising: a first bladder (70’) including an interior volume for containing fluid, the first bladder including a medial side portion and a lateral side portion (Fig. 18); a first pump (60b’) including a first pump chamber, a first inlet (from 40b’), and a first outlet (to 40c’), wherein the first pump is located between the medial side portion and the lateral side portion of the first bladder (Fig. 18), and wherein the first outlet supplies fluid to the interior volume of the first bladder; and a first fluid transfer line (40b’) connected to the first inlet and placing the first pump in fluid communication with an external fluid source (ambient air), wherein the first fluid transfer line moves fluid received from the external fluid source into the first pump chamber via the first inlet (paragraphs 0080-0084, 0098-0101; Fig. 13-18).
Regarding claim 2, Dojan discloses a midsole component (13’) overlaying the medial side portion, the lateral side portion, and the first pump, and wherein the midsole component includes a pump-engaging surface configured to directly contact a portion of an exterior surface of the first pump chamber (Fig. 14).
Regarding claim 3, Dojan discloses a second pump (60a’) including a second pump chamber, a second inlet (from 40a’), and a second outlet (to 40b’), wherein the second outlet is connected to the first fluid transfer line such that the second pump supplies fluid to the first pump (Fig. 18).
Regarding claim 4, Dojan discloses that the second pump is located between the medial side portion and the lateral side portion of the first bladder (paragraph 0099).
Regarding claim 5, Dojan discloses a second bladder (additional pump chamber); and a fluid transfer control system (conduit) to control flow of fluid between the first bladder and the second bladder (paragraph 0101).
Regarding claim 7, Dojan discloses a foot support system, comprising: a first pump (60a’) including a first pump chamber, a first inlet (from 40a’), and a first outlet (to 40b’); a first fluid transfer line (40a’) connected to the first inlet and connecting the first pump with an external fluid source (ambient air), wherein the first fluid transfer line moves fluid from the external fluid source into the first pump chamber via the first inlet; a second pump (60b’) including a second pump chamber, a second inlet (from 40b’), and a second outlet (to 40c’); a second fluid transfer line (40b’) connected to the second inlet and admitting fluid discharged from the first outlet into the second pump chamber via the second inlet; a third fluid transfer line (40c’) connected to the second outlet and receiving fluid discharged from the second pump chamber; and a bladder (70’) in fluid communication with the third fluid transfer line and receiving fluid discharged from the second pump chamber via the second outlet (paragraphs 0080-0084, 0098-0101; Fig. 13-18).
Regarding claim 8, Dojan discloses that the bladder includes a medial side portion and a lateral side portion, and wherein the first pump is located between the medial side portion and the lateral side portion of the bladder (paragraph 0099; Fig. 18).
Regarding claim 9, Dojan discloses that the bladder includes a medial side portion and a lateral side portion, and wherein the second pump is located between the medial side portion and the lateral side portion of the bladder (Fig. 18).
Regarding claim 10, Dojan discloses that the bladder includes a medial side portion and a lateral side portion, wherein the first pump is located between the medial side portion and the lateral side portion of the bladder, and wherein the second pump is located between the medial side portion and the lateral side portion of the bladder (paragraph 0099; Fig. 18).
Regarding claim 11, Dojan discloses a midsole component (13’) overlaying the medial side portion, the lateral side portion, the first pump, and the second pump, wherein the midsole component includes a first pump-engaging surface configured to directly contact a portion of an exterior surface of the first pump chamber, and wherein the midsole component includes a second pump-engaging surface configured to directly contact a portion of an exterior surface of the second pump chamber (Fig. 14).
Regarding claim 12, Dojan discloses that the bladder is a reservoir bladder, wherein the reservoir bladder includes a medial side portion and a lateral side portion, wherein the first pump is located between the medial side portion and the lateral side portion of the reservoir bladder, and wherein the foot support system further comprises: a midsole component (13’) including: (a) a first major surface that overlays the medial side portion, the lateral side portion, and the first pump, and (b) a second major surface located opposite the first major surface (paragraph 0099; Fig. 14, 18).
Regarding claim 14, Dojan discloses a foot support system, comprising: a first bladder (70’) including an interior volume for containing fluid, a first longitudinal area, and a second longitudinal area located forward of the first longitudinal area; a first pump (60a’) including a first pump chamber, a first inlet (from 40a’), and a first outlet (to 40b’), wherein the first pump is located at or adjacent the first longitudinal area of the first bladder (paragraph 0099; Fig. 18); a first fluid transfer line (40a’) connected to the first inlet and connecting the first pump with an external fluid source (ambient air), wherein the first fluid transfer line moves fluid from the external fluid source into the first pump chamber via the first inlet; a second pump (60b’) including a second pump chamber, a second inlet (from 40b’), and a second outlet (to 40c’), wherein the second pump is located at or adjacent the second longitudinal area of the first bladder (Fig. 18); a second fluid transfer line (40b’) connected to the second inlet and admitting fluid discharged from the first outlet into the second pump chamber via the second inlet; and a third fluid transfer line (40c’) connected to the second outlet and receiving fluid discharged from the second pump chamber, wherein the first bladder is in fluid communication with the second pump at least in part via the third fluid transfer line (paragraphs 0080-0084, 0098-0101; Fig. 13-18).
Regarding claim 16, Dojan discloses that the first bladder includes a medial side portion and a lateral side portion, and wherein the first pump is located between the medial side portion and the lateral side portion of the first bladder (paragraph 0099; Fig. 18).
Regarding claim 17, Dojan discloses that the first bladder includes a medial side portion and a lateral side portion, and wherein the second pump is located between the medial side portion and the lateral side portion of the first bladder (Fig. 18).
Regarding claim 18, Dojan discloses that the first bladder includes a medial side portion and a lateral side portion, wherein the first pump is located between the medial side portion and the lateral side portion of the first bladder, and wherein the second pump is located between the medial side portion and the lateral side portion of the first bladder (paragraph 0099; Fig. 18).
Regarding claim 19, Dojan discloses that the first bladder is a reservoir bladder, wherein the reservoir bladder includes a medial side portion and a lateral side portion, wherein the first pump is located between the medial side portion and the lateral side portion of the reservoir bladder (paragraph 0099; Fig. 18), and wherein the foot support system further comprises: a midsole component (13’) including: (a) a first major surface that overlays the medial side portion, the lateral side portion, and the first pump, and (b) a second major surface located opposite the first major surface (Fig. 14).
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.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dojan, as applied to claim 14.
Regarding claim 15, Dojan does not disclose that the second longitudinal area is located in a forefoot region of the foot support system, and the first longitudinal area is located in a heel region of the foot support system. However, Dojan teaches that the fluid system may extend through the heel region and the forefoot region (paragraph 0087), and that the arrangement of the various components may be modified significantly, including modifying the lengths of the conduits, changing positions of the chambers, and changing the extent of the chambers (paragraphs 0098-0099). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the second longitudinal area in a forefoot region of the foot support system, and the first longitudinal area in a heel region of the foot support system, in order to provide specific cushioning and support characteristics to the sole, depending on the needs of the user.
Allowable Subject Matter
Claims 6, 13, and 20 are free from art rejections but are subject to a double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach or suggest a foot support system having the combination of features claimed that includes a midsole component, a second bladder which overlays the second major surface of the midsole component, and a fluid transfer control system to control flow of fluid between the first bladder and the second bladder.
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 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