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 1 in the reply filed on 10/06/2025 is acknowledged.
Claims 21-23, 26-29, and 35-38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/06/2025.
Claim Objections
Claim 1 is objected to because of the following informalities: “said mould cavity” in Claim 1 should read “said mold cavity” so as to use the same form of the word consistently. Appropriate correction is required.
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) 1-3, 6, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Folschweiler (US 4562606) in view of Stockbridge et al. (US 2020/0281314).
Regarding Claim 1, Folschweiler teaches a method of manufacturing footwear by a direct injection production (DIP), said method comprising: providing a direct injection mold (3, 10), which is attachable to injection molding equipment and is configured for at least partly channeling injection material to a mold cavity (col. 2 ll. 6 teaches “Plastic material is injected into the second mold cavity,” therein the mols is clearly attachable to injection molding equipment and configured for channeling injection material to a mold cavity), providing at least one premanufactured sole part of a sole structure (5), positioning the premanufactured sole part in relation to the direct injection mold (fig. 3 shows the premanufactured sole part (5) positioned on the direct injection mold), positioning a footwear upper (12) in relation to the direct injection mold (fig. 3 shows the upper (12) positioned on the direct injection mold), injecting injection material into said mold cavity , said cavity being at least partly formed by said direct injection mold, said injection material configured for attaching said footwear upper to said at least one premanufactured sole part, said injection material upon curing providing an attaching sole part (13) of the sole structure of said footwear (col. 2 ll. 3-8 teaches “A second mold cavity (FIGS. 3 and 4) is produced using the bottom mold 3 and outer sole portion 5, a pair of side molds 10, and a last 11 with an upper 12 thereon. Plastic material is injected into the second mold cavity to produce an inner sole portion 13 connecting the outer sole portion 5 to the upper 12,” therein the injection material is clearly injected into a cavity formed in part by the mold, the injection material clearly attaching by forming an attaching sole part the upper and the premanufactured sole part).
Folschweiler does not teach wherein said at least one premanufactured sole part is a sole part that has been manufactured by a supercritical foaming process.
Attention is drawn to Stockbridge et al. which teaches an analogous sole part for an article of footwear. Stockbridge et al. teaches a premanufactured sole part of a sole structure, wherein said at least one premanufactured sole part is a sole part that has been manufactured by a supercritical foaming process (fig. 1 shows the method of molding a pre-expanded polymer material then expanding the material via the use of supercritical fluid injection; Abstract teaches “A sole structure for articles of footwear and a method of manufacturing them comprising at least one polymeric foamed component expanded through supercritical fluid (SCF) expansion of a shaped pre-expanded polymeric material.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Folschweiler to include the teachings of Stockbridge et al. such that said at least one premanufactured sole part is a sole part that has been manufactured by a supercritical foaming process as the use of supercritical fluids to foam a sole component is more environmentally friendly and produces stronger and tougher foamed articles (paragraph [0007], “SCFs also provide more cost effective and safer alternatives from other foaming or extracting agents. The use of SCFs in foaming processes has been known to improve impact strength and toughness of the resulting foam products.”).
Regarding Claim 2, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 1, as discussed in the rejections above. Folschweiler further teaches wherein said attaching sole part (13) that serves for attaching said footwear upper to said at least one premanufactured sole part, may serve as at least part of a further sole part of the sole structure of said footwear (figs. 3 and 4 show the attaching sole part (13) serving as the midsole, and therein a further sole part of the sole structure).
Regarding Claim 3, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 1, as discussed in the rejections above. Folschweiler further teaches wherein said at least one premanufactured sole part (5) is configured to form an outsole or a midsole (figs. 3 and 4 show the premanufactured sole part (5) forming an outsole).
Regarding Claim 6, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 1, as discussed in the rejections above.
Folschweiler does not teach wherein said at least one premanufactured sole part is premanufactured by subjecting a basic part to a supercritical foaming agent, whereby the basic part is expanded into a preform.
Attention is drawn to Stockbridge et al. which teaches an analogous sole part for an article of footwear. Stockbridge et al. teaches a premanufactured sole part of a sole structure, wherein said at least one premanufactured sole part is a sole part that has been manufactured by a supercritical foaming process (fig. 1 shows the method of molding a pre-expanded polymer material then expanding the material via the use of supercritical fluid injection; Abstract teaches “A sole structure for articles of footwear and a method of manufacturing them comprising at least one polymeric foamed component expanded through supercritical fluid (SCF) expansion of a shaped pre-expanded polymeric material.”). Stockbridge et al. further teaches wherein said at least one premanufactured sole part is premanufactured by subjecting a basic part to a supercritical foaming agent, whereby the basic part is expanded into a preform (fig. 1 shows the method of forming the sole part, including first molding a pre-expanded polymer material (considered as equivalent to the basic part) then subjecting the pre-expanded polymer material to supercritical fluid to expand the sole part, which would clearly form a preform).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Folschweiler to include the teachings of Stockbridge et al. such that said at least one premanufactured sole part is premanufactured by subjecting a basic part to a supercritical foaming agent, whereby the basic part is expanded into a preform as the use of supercritical fluids to foam a sole component is more environmentally friendly and produces stronger and tougher foamed articles (paragraph [0007], “SCFs also provide more cost effective and safer alternatives from other foaming or extracting agents. The use of SCFs in foaming processes has been known to improve impact strength and toughness of the resulting foam products.”).
Regarding Claim 8, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 1, as discussed in the rejections above. Folschweiler does not teach wherein said at least one premanufactured sole part (5) comprises TPU (Thermoplastic Polyurethane), TPE (Thermoplastic Elastomer), Polyether Block Amide, natural rubber, synthetic rubber, ethylene vinyl acetate (EVA) or polyvinyl chloride (PVC) (Col. 1 ll. 63-66 teaches “The mold cavity 1 is filled with a plastic material such as polyvinyl chloride or polyurethane through injection orifice (not shown) to produce a first or outer sole portion 5.”).
Regarding Claim 9, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 1, as discussed in the rejections above. Folschweiler further teaches wherein said injection material comprises PU (Polyurethane), latex, polyvinyl chloride (PVC), or thermoplastic rubber (TR) (col. 2 ll. 6-7 teaches “Plastic material is injected into the second mold cavity to produce an inner sole portion 13,” wherein the plastic material is referring to PU or PVC, as cited prior in Col. 1 ll. 63-66: “The mold cavity 1 is filled with a plastic material such as polyvinyl chloride or polyurethane through injection orifice (not shown) to produce a first or outer sole portion 5.”).
Regarding Claim 10, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 1, as discussed in the rejections above. Folschweiler further teaches wherein said at least one premanufactured sole part (5) is configured with a ground facing surface (6) and a foot facing surface (see annotated Fig.) and wherein said foot facing surface comprises at least one indentation (8) for receiving injection material (annotated fig. 4 shows the ground facing surface and the foot facing surfacing of the premanufactured sole part (5) having an indentation (8) for receiving injection material).
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Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Folschweiler (US 4562606) in view of Stockbridge et al. (US 2020/0281314), and further in view of Frasson et al. (US 8197736).
Regarding Claim 18, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 1, as discussed in the rejections above.
Folschweiler does not teach wherein said at least one premanufactured sole part comprises a bonding layer on at least part of a surface subjected to said injection material.
Attention is drawn to Frasson et al., which teaches an analogous method of manufacturing. Frasson et al. teaches a method of manufacturing footwear by a direct injection production (DIP), said method comprising: providing a direct injection mold (13), which is attachable to injection molding equipment and is configured for at least partly channeling injection material to a mold cavity (col. 4 ll. 50 teaches “such overmolding can be performed by injection,” therein the mold is clearly attachable to injection molding equipment and configured for channeling injection material to a mold cavity), providing at least one premanufactured sole part of a sole structure (20), positioning the premanufactured sole part in relation to the direct injection mold (fig. 5 shows the premanufactured sole part (20) positioned on the direct injection mold), injecting injection material into said mold cavity , said cavity being at least partly formed by said direct injection mold, (fig. 5 shows the injection material having been injected into the cavity formed at least partly by the direct injection mold). Frasson et al. further teaches wherein said at least one premanufactured sole part comprises a bonding layer (18) on at least part of a surface subjected to said injection material (fig. 4 shows the premanufactured sole part (20) having a bonding layer (18) on the upper surface that is subjected to the injection material, as shown in fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Folschweiler to include the teachings of Frasson et al. such that said at least one premanufactured sole part comprises a bonding layer on at least part of a surface subjected to said injection material so as to add strength and stability to the sole structure.
Regarding Claim 19, Folschweiler teaches all of the limitations of the method of manufacturing of Claim 18, as discussed in the rejections above.
Folschweiler does not teach wherein said bonding layer comprises materials selected from the group consisting of: glue, textile, woven or non-woven materials, and scrim.
Attention is drawn to Frasson et al., which teaches an analogous method of manufacturing. Frasson et al. teaches a method of manufacturing footwear by a direct injection production (DIP), said method comprising: providing a direct injection mold (13), which is attachable to injection molding equipment and is configured for at least partly channeling injection material to a mold cavity (col. 4 ll. 50 teaches “such overmolding can be performed by injection,” therein the mold is clearly attachable to injection molding equipment and configured for channeling injection material to a mold cavity), providing at least one premanufactured sole part of a sole structure (20), positioning the premanufactured sole part in relation to the direct injection mold (fig. 5 shows the premanufactured sole part (20) positioned on the direct injection mold), injecting injection material into said mold cavity , said cavity being at least partly formed by said direct injection mold, (fig. 5 shows the injection material having been injected into the cavity formed at least partly by the direct injection mold), and wherein said at least one premanufactured sole part comprises a bonding layer (18) on at least part of a surface subjected to said injection material (fig. 4 shows the premanufactured sole part (20) having a bonding layer (18) on the upper surface that is subjected to the injection material, as shown in fig. 5). Frasson et al. further teaches wherein said bonding layer comprises materials selected from the group consisting of: glue, textile, woven or non-woven materials, and scrim (col. 4 ll. 18, “an element 18 made of fabric or nonwoven fabric”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Folschweiler to include the teachings of Frasson et al. such that said bonding layer comprises materials selected from the group consisting of: glue, textile, woven or non-woven materials, and scrim so as to add strength and stability to the sole structure.
Conclusion
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/HALEY A SMITH/Primary Examiner, Art Unit 3732