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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-14, in the reply filed on 24 June 2026 is acknowledged. Claims 16 & 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/group, there being no allowable generic or linking claim.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rangel et al. (US 2010/0324455; hereinafter “Rangel”).
Regarding claim 1, Rangel discloses an article of footwear comprising: a technical housing comprising at least one sensor for determining a parameter of a user (e.g. ¶¶ 19-23); a cushioned layer (e.g. ¶¶ 151 – “insole may provide a conforming top material having a hardness of 40 shore”); and a locking mechanism configured to selectively lock the cushioned layer to the technical housing (e.g. ¶¶ 152 – “A rigid or semi rigid bottom support plate 105 is mated to a conforming upper layer 106”), wherein the technical housing comprises a main body formed from a first flexible material and configured to house the at least one sensor (e.g. ¶¶ 151-152 – “the electronics may be embedded in a polymeric material which is poured into a mold and allowed to cure to form a shell around the electronic components”), and a protective cover configured to overlay the at least one sensor (e.g. ¶¶ 152 – “protected by a rigid cover plate 108 or other protective covering”), wherein the protective cover is formed from a second flexible material (e.g. ¶¶ 113), and wherein the cushioned layer is arranged to be positioned on top of the technical housing (e.g. ¶¶ 113-114; 151-153, etc.).
Regarding claim 2, Rangel discloses the technical housing further comprises a power source for providing electrical power to the at least one sensor (e.g. ¶¶ 155).
Regarding claim 3, Rangel discloses the locking mechanism comprises a projection as part of one of the technical housing or cushioned layer and a matching indent as part of the other of the technical housing or cushioned layer (e.g. ¶¶ 152 – “A rigid or semi rigid bottom support plate 105 is mated to a conforming upper layer 106”).
Regarding claim 4, Rangel discloses the projection and matching indent together define a snap fit connection (e.g. ¶¶ 152 – “the support plate 105 is preferably designed to fit into a matching recess in the bottom of upper layer 106 and sealed at the periphery”).
Regarding claim 5, Rangel discloses the at least one sensor comprises at least one pressure sensor (e.g. ¶¶ 23).
Regarding claim 11, Rangel discloses the at least one pressure sensor comprises a pressure sensor array distributed across the technical housing in both the x and y dimensions (e.g. ¶¶ 129).
Regarding claim 6, Rangel discloses the at least one sensor further comprises at least one temperature sensor (e.g. ¶¶ 131).
Regarding claim 12, Rangel discloses the at least one temperature sensor comprises three temperature sensors positioned at the forefoot, mid-sole, and heel positions of the technical housing (e.g. ¶¶ 85, 131, etc.).
Regarding claim 7, Rangel discloses the main body of the technical housing is in the form of a substantially planar base with a perpendicular lip extending upwardly from the perimeter of the base and extending at least partially around the perimeter of the base (e.g. ¶¶ 152 – “the support plate 105 is preferably designed to fit into a matching recess in the bottom of upper layer 106 and sealed at the periphery”).
Regarding claim 8, Rangel discloses the perpendicular lip is arranged to extend around the perimeter of a rear end of the main body of the technical housing to a point substantially in a region of a midpoint of the main body of the technical housing (e.g. ¶¶ 152).
Regarding claim 9, Rangel discloses the perpendicular lip is formed from a hard plastic material (e.g. ¶¶ 151 – “rigid underlayer material having a hardness of 70”).
Regarding claim 10, Rangel discloses the first flexible material is polyurethane, and the second flexible material is ethylene vinyl acetate (e.g. ¶¶ 152 – “the electronics may be embedded in a polymeric material which is poured into a mold and allowed to cure to form a shell around the electronic components”).
Regarding claim 13, Rangel discloses the cushioned layer comprises a supporting element and a deformable surface element, wherein the locking mechanism part of the cushioned layer is defined by the supporting element (e.g. ¶¶ 151 – “conforming top material having a hardness of 40”).
Regarding claim 14, Rangel discloses a wireless charging coil is provided within the technical housing or cushioned layer and at least one magnet is positioned adjacent to the wireless charging coil, wherein the wireless charging coil is configured to charge the power source (e.g. ¶¶ 139 – “…inductive coupling using an inductive coil…”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796
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