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 .
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.
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.
Claim(s) 1-2, 4 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramadoro (Pub. No. US 2010/0005687).
With respect to claim 1, Ramadoro discloses a cooling insole and cooling shoe (ventilated shoe that is able to ensure air circulation inside the upper during walking), wherein the insole (1, see figures 1 & 2) is configured to be connected to a shoe upper (explicit to footwear) and form an accommodating space with the shoe upper (area above insole and surrounded by the upper); the cooling insole and the cooling shoe comprise:
a supporting member (perimeter boarder 2, see figures 1 & 2), wherein the supporting member is provided with a blowing device (electrically powered fan 7) and a blowing channel (the insole (3) basically closes a compartment (V) provided with longitudinal channels (4a) on the bottom on the front half-sole); the blowing device is communicated to the blowing channel and conveys air to the accommodating space through the blowing channel (see paragraph [0045]-[0046] & [0051]); and
a supporting insole (3), wherein the supporting insole comprises an insole surface (upper surface, see figure 1); air holes (3a) are formed in the insole surface; one end of each air hole (3a) is configured to be communicated to the accommodating space; and
the supporting insole (3) is arranged on an upper surface of the supporting member (2, see figure 2).
With respect to claim 2, Ramadoro, discloses wherein the supporting insole 3) and the upper surface of the supporting member (2) form a hollow layer (see figure 2); the other end of each air hole is configured to be communicated to the hollow layer (see figure 2); one end of the blowing channel is connected to the blowing device, and the other end is connected to the upper surface of the supporting member (the insole (3) is situated between the sole of the invention (1) and the inside of the upper, it appears evident that the position of the holes (3a) of the insole (3) ensures the desired air flow from the upper to the compartment (V) of the sole (1)); and the blowing device sucks air from the accommodating space and forms a relatively low pressure region in a region of the accommodating space close to the blowing device, so that the air in the accommodating space forms an internal circulation path, and the air circulation rate is increased (The actuation of the fan (7) creates a depression in the first chamber (C1) and also in the entire compartment (V) situated on the front half-sole of the sole (1) because of the presence of the channels (4a) that end in the said first chamber (C1)).
With respect to claim 4, Ramadoro, discloses wherein the blowing device is arranged in the middle of the supporting member (see figures 1-2).
With respect to claim 8, Ramadoro/Sessa discloses wherein the supporting insole is provided with a ventilation unit; and the ventilation unit (fan 7, see figures 1-2) extends from a middle part of a front end of the supporting insole to a side part of the front end.
With respect to claim 9, Ramadoro/Sessa discloses wherein the blowing device comprises a power supply (8), a fan (7), and a circuit board (electrically powered fan).
With respect to claim 10, Ramadoro/Sessa discloses wherein the power supply is detachable (it must be noted that the insole provided with the sole of the invention can be easily removed by the user to access the battery associated with the fan and replace it when necessary).
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(s) 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ramadoro in view of Sessa (US 5,815,949).
With respect to claim 5, Ramadoro as described above discloses all the limitations of the claims except for supporting insole comprising an insole surface and a supporting column; the supporting column extends downward from a lower surface of the insole surface to the upper surface of the supporting member to form the hollow layer with the upper surface of the supporting member. Sessa discloses a cooling insole and cooling she (see figures 1-9), wherein a supporting insole (22 & 24, see figures 1-3) comprising an insole surface and a supporting column (downwardly depending pumping channels 62 & 82); the supporting column (62 & 82) extends downward from a lower surface of the insole surface (heel insert 22 is fitted within heel opening 52 and includes a body portion 60 and a plurality of downwardly depending pumping channels 62; ball insert 24 is fitted within ball opening 54 and includes a body portion 80 and a plurality of downwardly depending pumping channels 82) to the upper surface of a supporting member (18 & 20, see figures 1, 3 & 8-9) to form the hollow layer with the upper surface of the supporting member (18 & 20); and air holes (64 & 84, see figures 8-9) configured to communicate the accommodating space to the hollow layer that are formed in the insole surface; the hollow layer performs secondary distribution on the air blown in through the blowing channel, so that the air blown in through the blowing channel enters the accommodating space more uniformly through the air holes. Therefore, it would have been obvious to one of ordinary skill in the art to provide supporting columns to the insole surface of Ramadoro as taught by Sessa so that the air blown in through the blowing channel enters the accommodating space more uniformly through the air holes.
With respect to claim 6, Ramadoro/Sessa discloses wherein the supporting insole comprises a supporting column (as taught and modified by Sessa); the supporting column extends downward from a lower surface of the insole surface to the upper surface of the supporting member (see figures 1, 3 and 8-9 of Sessa); and the supporting column is configured to support the insole surface.
With respect to claim 7, Ramadoro/Sessa discloses wherein the supporting column extends downward from a lower surface of the insole surface to the upper surface of the supporting member to form the hollow layer with the upper surface of the supporting member; and ventilation slots configured to communicate the accommodating space to the hollow layer are formed in a side surface of the insole surface (see figures 1, 3 and 8-9 of Sessa).
Claim(s) 3 and 11are rejected under 35 U.S.C. 103 as being unpatentable over Ramadoro in view of Leimer et al. (US 8,209,882, herein after Leimer).
With respect to claim 3, Ramadoro discloses wherein the blowing device (7) comprises an air inlet (where air is sucked in) and an air outlet (where air is sucked out); the air inlet is connected to the accommodating space (see paragraph [0037]). Ramadoro does not appear to disclose a filter screen to be arranged at the air inlet or the air outlet. Leimer discloses a cooling insole and cooling shoe having a ventilation system, wherein the ventilation system comprises a blowing system (an air-fan or ventilator, a battery 22, and a control unit with a CPU, one or more sensors, and/or electronic circuitry), wherein an air filter (plastic covering 41, see figure 4) is arranged at the air inlet. Therefore, it would have been obvious to one of ordinary skill in the art to provide a filter screen on the air inlet of the blowing device of Ramadoro as taught by Leimer to effectively remove solid impurities from the air flow, so that the circulation path of the air flow is smoother, and the user experience is further enhanced.
With respect to claim 11, Ramadoro as described above discloses all the limitations of the claims except for the supporting member to be provided with a temperature sensing device; the temperature sensing device is configured to detect a temperature in the accommodation space; the temperature sensing device is controlled by a preset program in a mobile terminal; and the preset program automatically adjusts power of the fan according to a data change fed back by the temperature sensing device. Leimer discloses a cooling insole and cooling shoe having a ventilation system, wherein the ventilation system comprises at least one control unit with a CPU and one or more sensors. The assembly and operation of the control unit depends on the design and the specific arrangement of the active ventilation element controlled by the control unit. The sensors may comprise at least one temperature sensor and/or at least one moisture sensor. Unlike the prior art, which shows a simple temperature switch, a CPU-controlled control unit is capable of registering complex situations with different sensors and reacting with corresponding adjustments to the ventilation system. Therefore, it would have been obvious to one of ordinary skill in the art to provide a temperature sensing device to the supporting member of Ramadoro as taught by Leimer for better adjusting the ventilation need within the shoe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shown are cooling insoles and cooling shoes analogous to applicant’s instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILA M MOHANDESI whose telephone number is (571)272-4558. The examiner can normally be reached M-Thurs. 7:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa J Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JILA M MOHANDESI/Primary Examiner, Art Unit 3732
JMM
10/16/2025