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 7/28/26 has been entered. Claims 1, 2, 7-11, 14-18, 22-24 remain pending in the application. Applicant’s amendments to the (Specification, Drawings, and Claims) have not overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 1/28/26.
Drawings
The drawings are objected to for the following:
Fig. 3 should have element “600” removed
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference 505, 578, 510, 515, 528 are not in Fig. 12 despite remarks
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim(s) 1, 15, 23 is/are objected to because of the following informalities:
Claim 1 Line 21 before “wearer’s heel” delete “the” and substitute –a—
Claim 1 Line 24 delete “foot-introduction” and substitute –foot insertion—for clear antecedent basis with Claim 1 Line 15
Claim 15 Line 23 before “step D” add –the knitting—
Claim 15 Line 25 before “step D” add –the knitting—
Claim 15 Line 29 delete “stiches” and substitute –stitches—
Claim 15 Line 34 before “wearer’s heel” delete “the” and substitute –a—
Claim 15 Lines 36-37 delete “foot-introduction” and substitute –foot insertion—for clear antecedent basis with Claim 1 Lines 15-16
Claim 23 Line 3 before “heel pocket” delete “knitted” for clear antecedent basis with Claim 1 Line 20
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1, 2, 7-11, 14-18, 22-24 is/are rejected under U.S.C. 112(b).
The term “said foot insertion opening comprises rows of circular knitted stitches” in Claim 1 Lines 16-17 is unclear and therefore renders the claim indefinite. Though there is specification antecedent basis on page 31 Lines 21-23, it is unclear how these stitches relate to stitches in the knitted trapezoidal dorsal and plantar parts; do these stitches already exist as part of the parts? Are these additional stitches? For the purposes of applying art and providing rejections, the term will be considered of additional stitches.
Claim 15 is rejected for reasons similarly indicated for Claim 1.
Dependent claims are rejected at the least for depending on rejected claims.
Claim Interpretation
Regarding Claim(s) 1, 7-- the recitations are being treated as a product-by-process limitation. It is noted that the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art; more specifically:
The structure of Claim(s) 1 Line 17 “openings comprises rows of circular knitted stitches” is openings comprising rows of knitted stitches
the structure of Claim(s) 1 Lines 12-15 “knitted trapezoidal dorsal part is formed of rows of dorsal stitches knitted back and forth, and wherein the knitted trapezoidal plantar part is formed of rows of plantar stitches that are knitted back and forth” is knitted trapezoidal dorsal/plantar parts
the structure of Claim(s) 7 is knitted trapezoidal dorsal/plantar parts continuous with one another
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.
FIRST REJECTION: Claim(s) 1, 2, 7-11, 14, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (USPN 11154109), herein Li, in view of Dealey (USPN 12349759), Woodard (USPN 2018/0303204), and Langer et al (US Publication 2006/0144097), herein Langer.
Regarding Claim 1, Li teaches a knitted sock (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 1, 5; Col. 4 Lines 22-23 "A three-dimensional (3D) shoe blank of the invention is an integral knit fabric"; Col. 5 Lines 49-50 “as shown in Fig. 5, after the knitting of the 3D shoe blank 100 is finished…100 can…form a shoe body 1”; Li teaches the blank which meets the structural limitations in the claims and performs the functions as recited such as being capable of being a sock) comprising
a toe region (see Figs. 1, 4, 5; Col. 4 Lines 27-29 "the 3D shoe blank 100 includes an upper portion 112, a front sole portion 120, a rear portion 130, and a heel portion 140", wherein toe region is part of 120, 112)
a midfoot region (see Figs. 1, 4, 5; Col. 4 Lines 27-29 "the 3D shoe blank 100 includes an upper portion 112, a front sole portion 120, a rear portion 130, and a heel portion 140", wherein midfoot region is part of 120, 112, and 130),
and a heel region (see Figs. 1, 4, 5; Col. 4 Lines 27-29 "the 3D shoe blank 100 includes an upper portion 112, a front sole portion 120, a rear portion 130, and a heel portion 140", wherein heel region is part of 130, 140),
wherein said knitted sock comprises
a knitted trapezoidal dorsal part and a knitted trapezoidal plantar part (see Fig. 1, 4, 5 for 112, 120 being trapezoidal dorsal and plantar, respectively)
which are secured by knitted medial and lateral securing regions (see Figs. 4, 5; Col. 4 Lines 63-65 "front sole portion 120 and the upper portion 112 are connected at two sides by the connection lines 102 and 103"),
the knitted trapezoidal dorsal part comprises a medial edge and a lateral edge (see Fig. 1),
the knitted trapezoidal plantar part comprises a medial edge and a lateral edge (see Fig. 1),
and wherein the knitted trapezoidal plantar part and the knitted trapezoidal dorsal part and the knitted medial and lateral securing regions extend in the toe region and at least partly in the midfoot region (see Figs. 1, 4, 5; see also annotated Fig. 5 below for clarification),
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the medial edge of the knitted trapezoidal dorsal part is secured by knitting to the medial edge of the knitted trapezoidal plantar part in the knitted medial securing region (see Fig. 2; Col. 8 Lines 20-34 "knitting at least a yarn to form an upper portion (such as 112…), wherein when knitting the upper portion…a plurality of live stitches (such as 11a-17a, 11b-17b in Fig. 2…) are preserved…continuing knitting and forming a front sole portion (such as 120...) from the upper portion, wherein when the knitting of the front sole portion reaches two sides of the front sole portion, the live stitches preserved...at the two sides of the upper portion are sequentially and respectively knitted with the two sides of the front sole portion, so the upper portion is folded and connected to the front sole portion to form a pocket structure"),
the lateral edge of the knitted trapezoidal dorsal part is secured by knitting to the lateral edge of the knitted trapezoidal plantar part in the knitted lateral securing region (see Fig. 2, Col. 8 Lines 20-34),
wherein the knitted trapezoidal dorsal part (112) is formed of rows of dorsal stitches knitted back and forth, and wherein the knitted trapezoidal plantar part (120) is formed of rows of plantar stitches that are knitted back and forth (Col. 11 Lines 3-6 "when forming the 3D shoe blank 100 of Fig. 1, at least a yarn (such as 10 and 20) is knitted alternatingly on the front needle bed FB and the back needle bed BB to form...upper portion 112", wherein alternatingly meets the claimed term of back/forth, wherein 112 and 120 are of 100; see Figs. 12, 13; Col. 4 Lines 22-24 "shoe blank…made by using a flat knitting machine"; nevertheless, see claim interpretation; the recitation “knitted back and forth” is being treated as a product-by-process limitation. Therefore, even if Li’s flat knitting results in different structural characteristics of the end product than other dorsal part forming methods, it still would have been prima facie obvious at the time the invention was made to use the flat knitting back and forth technique with the Li reference above as claimed since such a process is a well-known technique in the art),
wherein the knitted sock comprises a foot insertion opening that opens into an internal foot-receiving volume of the knitted sock (see Figs. 4, 5; Li teaches the opening and volume which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for foot as recited).
Li does not explicitly teach said foot insertion opening that comprises rows of circular knitted stitches.
Dealey teaches said foot insertion opening that comprises rows of circular knitted stitches (see Figs. 1, 3, 4, 6, 7; Col. 5 Lines 36-48 "first portion and/or the second portion 134 may be folded...such that the first portion 132 forms the outer surface 136 and the second portion 134 forms the inner surface 138 of the upper 102, respectively (or vice versa)"; Col. 8 Lines 43-49 "first portion 132 may incorporate a cushioning element in the …collar 118…provided by bulking yarns, which may be inlaid and/or floated within the first portion 132, particularly...when forming the first portion 132 (which may facilitate the inlaying process)"; Col. 6 Lines 37-39 "first portion 132 of the knitted component 130"; for rows-- see Fig. 3; "when the knitting machine reached a heel area 122 of the collar 118 (on at least one of the medial side 108 and the lateral side 106), the needles used for forming loops of the collar 118 may continue to hold those loops...when the knitting machine reaches the second portion 134...the held loops of the collar 118 of the first portion 132 may be re-incorporated into new courses when the collar 118 of the second portion 134 is formed", at least for new courses; for circular-- Col. 3 Lines 54-57 "knitted component 130 may be formed ...with a flat knitting machine or circular knitting machine"; nevertheless, see claim interpretation; the recitation “circular” is being treated as a product-by-process limitation. Therefore, even if Dealey’s knitting results in different structural characteristics of the end product than other opening forming methods, it still would have been prima facie obvious at the time the invention was made to use the Dealey technique with the Li reference above as claimed since such a process is a well-known technique in the art).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li with the collar of Dealey (and therefore opening's rows of stitches) as a known arrangement in folded uppers, especially to provide cushioning where desired (Col. 8 Lines 43-49).
Li does not explicitly teach wherein the knitted sock comprises a knitted trapezoidal lower heel part and a knitted trapezoidal upper heel part which are joined by knitted auxiliary medial and lateral securing regions,
wherein said knitted trapezoidal lower and upper heel parts form a heel pocket configured to receive all or part of the wearer's heel, said heel pocket extending in the heel region of the sock.
Woodard teaches wherein the knitted sock comprises a knitted trapezoidal lower heel part and a knitted trapezoidal upper heel part which are joined by knitted auxiliary medial and lateral securing regions (see Fig. 11; [0036] “knitted component 134”; [0037] "heel portion 145"; for auxiliary-- see Fig. 10 for application to Fig. 11 heel portion 145-- [0053] "heel portion 145 may be formed in a manner similar to the cup-like shape of the toe portion 144"; [0049] "Fig. 9...underfoot side 186 of the toe portion 144...overfoot side 188 of the toe portion 144...connection structure 192 may secure the underfoot side 186 to the overfoot side 188"; Woodard teaches the knitted component which meets the structural limitations in the claims and performs the functions as recited such as being capable of being a sock),
wherein said knitted trapezoidal lower and upper heel parts form a heel pocket configured to receive all or part of the wearer's heel, said heel pocket extending in the heel region of the sock (wherein the lower/upper heel parts in the heel region; Woodard teaches the lower/upper heel parts secured together in Figs. 10, 11 which meets the structural limitations in the claims and performs the functions as recited such as being capable of forming a heel pocket for receiving as recited and therefore extending in the heel region).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s heel with the heel of Woodard as a known effective structure for heels in footwear.
Li does not explicitly teach wherein at least one of the knitted medial and lateral securing regions comprises a plurality of knitted through apertures,
each knitted through aperture being distinct from the foot-introduction opening and being located in the knitted medial or lateral securing region between corresponding medial or lateral edges of the knitted trapezoidal dorsal part and the knitted trapezoidal plantar part.
Langer teaches wherein at least one of the knitted medial and lateral securing regions comprises a plurality of knitted through apertures (see Fig. 9; [0124] "regions A and B …interlock with each other…only in every nth stitch row, wherein n is at least 2"; [0125] "interlocking, ventilation zones 154 are produced, in the transition region between the regions A and B, in the form of ventilation openings, which are in succession along the transition line 112 and are separated from one another by means of interlocking, consisting of a respective interlocking stitch 128, 136 and a stitch 130 or 138, knitted together with the interlocking stitch, located therebetween"; [0126] "zones 154 promote the wearer comfort"; [0127] "allow the transfer of moisture"),
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to have apertures at the connection between dorsal/plantar regions as taught by Langer in order to provide ventilation, such as for comfort and/or moisture transfer ([0125], [0126], [0127]).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Li teaches each knitted through aperture being distinct from the foot-introduction opening and being located in the knitted medial or lateral securing region between corresponding medial or lateral edges of the knitted trapezoidal dorsal part and the knitted trapezoidal plantar part (Langer’s apertures being at the connection between dorsal/plantar of Li would have the apertures distinct from the opening and located in the securing region between the edges).
Regarding Claim 2, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li further teaches wherein the knitted trapezoidal plantar and dorsal parts and the knitted medial and lateral securing regions extend in the toe region and in the midfoot region of the sock up to the heel region (see Figs. 1, 4, 5).
Regarding Claim 7, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li further teaches wherein the knitted trapezoidal plantar part comprises a toe end part (see Fig. 1 at 101; Col. 4 Lines 41-42 "front sole portion 120 is formed by continuous knitting from the upper portion 112 with a folding line 101"; toe end part is 101 at plantar 120; Li teaches the end part which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a toe),
and the knitted trapezoidal dorsal part comprises a toe end part (toe end part is 101 at dorsal 112; Li teaches the end part which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a toe),
and wherein the toe end part of the knitted trapezoidal plantar part is knitted continuously with the toe end part of the knitted trapezoidal dorsal part (see Fig. 1 at 101; Col. 4 Lines 41-42; nevertheless, see claim interpretation; the recitation “knitted continuously” is being treated as a product-by-process limitation. Therefore, even if Li’s knitting results in different structural characteristics of the end product than other end part forming methods, it still would have been prima facie obvious at the time the invention was made to use the knitting technique with the Li reference above as claimed since such a process is a well-known technique in the art. As such, see aforementioned rejection of Claim 1 wherein Li has all the structure of Claim 7, especially in light of Col. 4 Lines 41-42; in other words, the continuous trapezoidal dorsal/plantar parts of Li teaches the trapezoidal dorsal/plantar parts of Claim 7 because it has the structure of Claim 7).
Regarding Claim 8, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li further teaches wherein the knitted trapezoidal plantar part and the knitted trapezoidal dorsal part together form a pocket of substantially trapezoidal shape, configured to receive at least partly the toes of a foot, and at least partly the midfoot region of the foot (see Fig. 5 for pocket between 112 and 120; Li teaches the pocket which meets the structural limitations in the claims and performs the functions as recited such as being capable of being of substantially trapezoidal and capable of at least partly receiving toes and midfoot region of a foot, especially as 120, 112 forming the pocket are trapezoidal).
Regarding Claim 9, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li further teaches wherein the knitted trapezoidal dorsal part comprises a distal part and a proximal part (see Fig. 1 dorsal part 112 with distal part at 101 and proximal part near the label "Fig. 1").
Li at least suggests and wherein the number of stitches (ad) in a row of stitches of the distal part is smaller than the number of stitches (bd) in a row of stitches of the proximal part (see Fig. 1 for trapezoidal shape; [0124] "regions A and B …interlock with each other…only in every nth stitch row, wherein n is at least 2").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to have a consistent stitch spacing in each row and thereby meet the recitation with the trapezoidal shape in order to provide a consistent interlocking, especially as there is no disclosure indicating otherwise.
Regarding Claim 10, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li further at least suggests wherein a number of stitches (k) of any number row of stitches (n) knitted in the knitted trapezoidal dorsal part is greater than or equal to a number of stitches (p) in the number row of stitches (n+2) knitted after the row of stitches (n) (see Fig. 1, wherein knitting direction is from 112 to 120, wherein 112 tapers toward 120; as such the number of stitches in row n is greater than the number of stitches in row n+2 assuming consistent stitch spacing for each row; for knitting direction -- Col. 9 Lines 4-5 "method for knitting the 3D shoe blank 100 or 200"; Col. 11 Lines 14-16 "continuing knitting and forming a front sole portion (such as 120...) from the upper portion (such as 112...)"; as such, 112 formed before 120),
and wherein in said knitted trapezoidal dorsal part, the numbers (n), (p), and (k) being integers other than 0 (wherein stitches and rows are counted in integers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to have a consistent stitch spacing in each row and thereby meet the recitation with the trapezoidal shape in order to provide a consistent interlocking, especially as there is no disclosure indicating otherwise.
Regarding Claim 11, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li further teaches wherein the knitted trapezoidal dorsal part and the knitted trapezoidal plantar part are symmetrical along a transverse axis of symmetry passing between the distal end of the knitted trapezoidal dorsal part and the distal end of the knitted trapezoidal plantar part (see Fig. 1 for symmetrical).
Regarding Claim 14, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li at least suggests wherein the knitted trapezoidal plantar and dorsal parts comprise at most 16% by mass of one or more elastomeric yarn(s) (Col. 5 Lines 52-53 "when the 3D shoe blank 100 is knitted, a thermoplastic yarn can be knitted simultaneously"; Col. 5 Lines 68-61 "material of the thermoplastic yarn can be…nylon, polyester, acrylic"; Col. 4 Lines 27-30 "3D shoe blank 100 includes an upper portion 112...preferably double-knitted from at least a yarn"; Col. 4 Lines 37-40 "at least one yarn stated herein is preferably formed by twisting and combining multiple yarns with different characteristic (such as materials, types, shapes, colors and so on), but it is not limited thereto", wherein there are no elastomeric yarns recited).
Nevertheless, Langer further at least suggests wherein the knitted plantar and dorsal parts comprise at most 16% by mass of one or more elastomeric yarn(s) ([0002] "knitted stocking, which comprises a first region, which comprises a tread region and/or a heel region and/or an upper heel region and/or a toe region and/or an over toe region of the stocking and contains at least one first material, and comprises a second region, which comprises…an instep region of the stocking and comprises at least one second material, which is different from the first material"; for first region-- [0032] "material of the first region comprises wool"; [0035] "material of the first region comprises cotton"; [0040] "first region comprises a synthetic material, preferably polyamide and/or polypropylene"; [0071] "region A is knitted from a first main yarn, on which a first plating yarn is under-plated"; [0074] "woollen yarn is preferably used as the first plating yarn"; [0075] "wool...very good moisture absorption, its good heat insulation capacity, and its temperature-compensating properties"; [0080] "natural fibre content of 100% is achieved in the region A"; [0081] "Cotton, like wool, has good moisture absorption...is comfortable to wear"; [0092] "cotton is soft, easy-care and pleasant to wear...high degree of wearer comfort"; for second region-- [0090] "region B...comprises a second main yarn, on which a second plating yarn is under-plated"; [0091] "cotton is preferably used as the second main yarn"; [0093] "resilient material, for example elastane, may...be used as the second plating yarn for forming the inner ply of the region B"; however, [0089] "region B may be one-ply"; [0090] "second main yarn forms an outer ply"; as such, Langer is capable of being one-ply without the elastane, and therefore 0% elastomeric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s parts as indicated by Langer depending on the properties and functionalities desired (such as only being for moisture absorption in both regions/parts).
Regarding Claim 23, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li further teaches wherein the knitted medial and lateral securing regions extend from a distal part of the knitted trapezoidal dorsal part up to the knitted heel pocket (see Figs. 1, 4, 5).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (USPN 11154109), herein Li, in view of Dealey (USPN 12349759), Woodard (USPN 2018/0303204), and Langer et al (US Publication 2006/0144097), herein Langer, as applied to the FIRST REJECTION above, further in view of Lang et al (USPN 12082639), herein Lang.
Regarding Claim 22, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Modified Li does not explicitly teach wherein at least one dimension of at least one through aperture is greater than or equal to 1 mm.
Lang teaches wherein at least one dimension of at least one through aperture is greater than or equal to 1 mm (see Fig. 5; Col. 14 Lines 35-39 "base area 620 spans large parts of the shoe upper 1. Considerably greater air-permeability is desirable in this area...in order to enable good ventilation"; Col. 14 Lines 42-43 "apertures are provided for in the weft-knitting pattern, which enable airflow"; Col. 14 Lines 61-64 "diameter of the apertures is approximately 1-2 mm…due to these dimensions, a certain ventilation…is enabled").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s ventilation apertures provided by Langer with the dimension of Lang as a known size of apertures in footwear to provide a desired amount off ventilation (Col. 14 Lines 61-64).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (USPN 11154109), herein Li, in view of Dealey (USPN 12349759), Woodard (USPN 2018/0303204), and Langer et al (US Publication 2006/0144097), herein Langer, as applied to the FIRST REJECTION above, further in view of Hancock (US Publication 2018/0343973).
Regarding Claim 24, modified Li teaches all the claimed limitations as discussed above in Claim 1.
Li at least suggests wherein one of the knitted trapezoidal dorsal part and of the knitted trapezoidal planar part comprises one or more cushioning looped knitted area(s) (Col. 8 Lines 20-34 "knitting at least a yarn to form an upper portion (such as 112…), wherein when knitting the upper portion…a plurality of live stitches (such as 11a-17a…in Fig. 2…) are preserved…continuing knitting and forming a front sole portion (such as 120...) from the upper portion, wherein when the knitting of the front sole portion reaches two sides of the front sole portion, the live stitches preserved...at the two sides of the upper portion are sequentially and respectively knitted with the two sides of the front sole portion, so the upper portion is folded and connected to the front sole portion to form a pocket structure", wherein of ordinary skill in the art would understand that the live stitches are referring to loops; as such, Li teaches the loops which meets the structural limitations in the claims and performs the functions as recited such as being capable of cushioning).
Nevertheless, Hancock teaches wherein a dorsal part and a planar part comprises one or more cushioning looped knitted areas when joined (see Fig. 7; [0048] "second loop 296 on the edge 292…incorporated into a course of the forward portion 272…as a result, the forward portion 272 may curve into a cup-like shape in the toe area of the knitted component 204"; Hancock teaches the loop(s) which meets the structural limitations in the claims and performs the functions as recited such as being capable of being cushioning).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to be sewing loop to course (loop) when combining dorsal/plantar blanks as taught by Hancock as a known arrangement in folded uppers.
SECOND REJECTION: Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (USPN 11154109), herein Li, in view of Langer et al (US Publication 2006/0144097), herein Langer, Dealey (USPN 12349759), and Woodard (USPN 2018/0303204).
Regarding Claim 15, Li teaches a method for knitting a knitted sock (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02; as such, for structure for the method-- see Figs. 1, 5; Col. 4 Lines 22-23 "A three-dimensional (3D) shoe blank of the invention is an integral knit fabric"; Col. 5 Lines 49-50 “as shown in Fig. 5, after the knitting of the 3D shoe blank 100 is finished…100 can…form a shoe body 1”; wherein the shoe body 1 is a sock inasmuch as the structure has been claimed) comprising
a toe region (see Figs. 1, 4, 5; Col. 4 Lines 27-29 "the 3D shoe blank 100 includes an upper portion 112, a front sole portion 120, a rear portion 130, and a heel portion 140", wherein toe region is part of 120, 112)
a midfoot region (see Figs. 1, 4, 5; Col. 4 Lines 27-29 "the 3D shoe blank 100 includes an upper portion 112, a front sole portion 120, a rear portion 130, and a heel portion 140", wherein midfoot region is part of 120, 112, and 130),
and a heel region (see Figs. 1, 4, 5; Col. 4 Lines 27-29 "the 3D shoe blank 100 includes an upper portion 112, a front sole portion 120, a rear portion 130, and a heel portion 140", wherein heel region is part of 130, 140),
wherein said method comprises:
a step B of knitting a trapezoidal dorsal part (see Fig. 1, 4, 5 for 112, 120 being trapezoidal dorsal and plantar, respectively),
a step C of knitting a trapezoidal plantar part from a distal end of the knitted trapezoidal dorsal part (see Fig. 1, 4, 5 for 112, 120 being trapezoidal dorsal and plantar, respectively),
a step D of knitting lateral securing region and a medial securing region which secure the knitted trapezoidal dorsal and plantar parts along their respective lateral and medial edges (as best understood in light of the 112(b) rejections--see Figs. 4, 5; Col. 4 Lines 63-65 "front sole portion 120 and the upper portion 112 are connected at two sides by the connection lines 102 and 103"),
the knitting step D of said lateral and medial securing regions being carried out progressively during the knitting step C (Col. 11 Lines 48-53 "when the knitting of the upper portion 120 is completed…connection of the upper portion 112 to the front sole portion 120 by the connection lines 102 and 103 are also completed"; see Col. 11 Lines 14-48 for details);
wherein the knitted trapezoidal dorsal and plantar parts and said knitted medial and lateral securing regions are knitted so as to extend in the toe region and at least partly in the midfoot region of the knitted sock (see Figs. 1, 4, 5; Col. 6 Lines 8-13 "The connection lines 102 and 103...respectively start from two ends of the folding line 101 and extend...until reaching the shoe opening 1a"; wherein folding line 101 is in toe region, and 1a is in midfoot region; see also annotated Fig. 5 below for clarification);
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and wherein said method comprises a step A of knitting a foot insertion opening that opens into an internal foot-receiving volume of the sock (see Fig. 5; Col. 6 Lines 3-8 "upper portion 112…and the upper edge of the 3D rear shoe portion 100a (i.e. the outer edges of the rear portion 130 and the heel portion 140) together define a shoe opening 1a of the shoe body 1 to allow the foot to enter the interior space enclosed by the shoe body 1", wherein 1a is knitted as part of at least step B), and
wherein the knitted trapezoidal dorsal part comprises a medial edge and a lateral edge (see Fig. 1),
the knitted trapezoidal plantar part comprises a medial edge and a lateral edge (see Fig. 1),
the medial edge of the knitted trapezoidal dorsal part is secured by knitting to the medial edge of the knitted trapezoidal plantar part in the knitted medial securing region during step D (see Fig. 2; Col. 8 Lines 20-34 "knitting at least a yarn to form an upper portion (such as 112…), wherein when knitting the upper portion…a plurality of live stitches (such as 11a-17a, 11b-17b in Fig. 2…) are preserved…continuing knitting and forming a front sole portion (such as 120...) from the upper portion, wherein when the knitting of the front sole portion reaches two sides of the front sole portion, the live stitches preserved...at the two sides of the upper portion are sequentially and respectively knitted with the two sides of the front sole portion, so the upper portion is folded and connected to the front sole portion to form a pocket structure"),
the lateral edge of the knitted trapezoidal dorsal part is secured by knitting to the lateral edge of the knitted trapezoidal plantar part in the knitted lateral securing region during step D (see Fig. 2, Col. 8 Lines 20-34),
wherein the knitted trapezoidal dorsal part (112) is formed of rows of dorsal stitches knitted back and forth, and wherein the knitted trapezoidal plantar part (120) is formed of rows of plantar stitches knitted back and forth (Col. 11 Lines 3-6 "when forming the 3D shoe blank 100 of Fig. 1, at least a yarn (such as 10 and 20) is knitted alternatingly on the front needle bed FB and the back needle bed BB to form...upper portion 112", wherein alternatingly meets the claimed term of back/forth, wherein 112 and 120 are of 100; see Figs. 12, 13; Col. 4 Lines 22-24 "shoe blank…made by using a flat knitting machine").
Li at least suggests a step of knitting B a trapezoidal dorsal (112) part by progressively decreasing the number of knitted stitches per row(s) of stitches (see Fig. 1 for trapezoidal shape; [0124] "regions A and B …interlock with each other…only in every nth stitch row, wherein n is at least 2"),
a step C of knitting a trapezoidal plantar (120) part from the distal end of the knitted trapezoidal dorsal or plantar part by progressively increasing the number of knitted stitches per row(s) of stitches (see Fig. 1 for trapezoidal shape, wherein knitting direction is from 112 to 120, wherein 112 tapers toward 120; as such the number of stitches in row n is greater than the number of stitches in row n+2 assuming consistent stitch spacing for each row; for knitting direction/from the distal end -- Col. 9 Lines 4-5 "method for knitting the 3D shoe blank 100 or 200"; Col. 11 Lines 14-16 "continuing knitting and forming a front sole portion (such as 120...) from the upper portion (such as 112...)"; as such, 112 formed before 120).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to have a consistent stitch spacing in each row and thereby meet the recitation with the trapezoidal shape in order to provide a consistent interlocking, especially as there is no disclosure indicating otherwise.
Li does not explicitly teach wherein at least one of the knitted medial and lateral securing regions comprises a plurality of knitted through apertures,
and wherein each knitted through aperture being distinct from the foot-introduction opening and being located in the knitted medial or lateral securing region between corresponding medial or lateral edges of the knitted trapezoidal dorsal part and the knitted trapezoidal plantar part.
Langer teaches wherein at least one of the knitted medial and lateral securing regions comprises a plurality of knitted through apertures (see Fig. 9; [0124] "regions A and B …interlock with each other…only in every nth stitch row, wherein n is at least 2"; [0125] "interlocking, ventilation zones 154 are produced, in the transition region between the regions A and B, in the form of ventilation openings, which are in succession along the transition line 112 and are separated from one another by means of interlocking, consisting of a respective interlocking stitch 128, 136 and a stitch 130 or 138, knitted together with the interlocking stitch, located therebetween"; [0126] "zones 154 promote the wearer comfort"; [0127] "allow the transfer of moisture").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to have apertures at the connection between dorsal/plantar regions as taught by Langer in order to provide ventilation, such as for comfort and/or moisture transfer ([0125], [0126], [0127]).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Li teaches each knitted through aperture being distinct from the foot-introduction opening and being located in the knitted medial or lateral securing region between corresponding medial or lateral edges of the knitted trapezoidal dorsal part and the knitted trapezoidal plantar part (Langer’s apertures being at the connection between dorsal/plantar of Li would have the apertures distinct from the opening and located in the securing region between the edges).
Li does not explicitly teach wherein said foot insertion opening that comprises rows of circular knitted stitches.
However, Li does teach flat knitting the opening (Col. 4 Lines 22-24 "shoe blank…made by using a flat knitting machine").
Dealey teaches wherein said foot insertion opening that comprises rows of circular knitted stitches (see Figs. 1, 3, 4, 6, 7; Col. 5 Lines 36-48 "first portion and/or the second portion 134 may be folded...such that the first portion 132 forms the outer surface 136 and the second portion 134 forms the inner surface 138 of the upper 102, respectively (or vice versa)"; Col. 8 Lines 43-49 "first portion 132 may incorporate a cushioning element in the …collar 118…provided by bulking yarns, which may be inlaid and/or floated within the first portion 132, particularly...when forming the first portion 132 (which may facilitate the inlaying process)"; Col. 6 Lines 37-39 "first portion 132 of the knitted component 130"; for rows-- see Fig. 3; "when the knitting machine reached a heel area 122 of the collar 118 (on at least one of the medial side 108 and the lateral side 106), the needles used for forming loops of the collar 118 may continue to hold those loops...when the knitting machine reaches the second portion 134...the held loops of the collar 118 of the first portion 132 may be re-incorporated into new courses when the collar 118 of the second portion 134 is formed", at least for new courses; for circular-- Col. 3 Lines 54-57 Col. 3 Lines 51-57 " At least a portion of the upper 102, and potentially substantially the entirety of the upper 102, may be formed of the knitted component 130 (or another suitable textile component). The knitted component 130 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process (e.g., with a flat knitting machine or circular knitting machine)"; Dealey teaches the upper which is a sock inasmuch as the structure is claimed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li with the collar of Dealey (and therefore opening's rows of stitches) as a known arrangement in folded uppers, especially to provide cushioning where desired (Col. 8 Lines 43-49).
It also would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li to knit via circular knitting instead of flat knitting as it is well within the skill set of one of ordinary skill in the art to produce the sock on a circular knitting machine instead of a flat knitting machine depending on availability of machines.
Li does not explicitly teach wherein the knitted sock comprises a knitted trapezoidal lower heel part and a knitted trapezoidal upper heel part which are joined by knitted auxiliary medial and lateral securing regions,
wherein said knitted trapezoidal lower and upper heel parts form a heel pocket configured to receive all or part of the wearer's heel, said heel pocket extending in the heel region of the sock.
Woodard teaches wherein the knitted sock comprises a knitted trapezoidal lower heel part and a knitted trapezoidal upper heel part which are joined by knitted auxiliary medial and lateral securing regions (see Fig. 11; [0036] “knitted component 134”; [0037] "heel portion 145"; for auxiliary-- see Fig. 10 for application to Fig. 11 heel portion 145-- [0053] "heel portion 145 may be formed in a manner similar to the cup-like shape of the toe portion 144"; [0049] "Fig. 9...underfoot side 186 of the toe portion 144...overfoot side 188 of the toe portion 144...connection structure 192 may secure the underfoot side 186 to the overfoot side 188"; Woodard teaches the knitted component which meets the structural limitations in the claims and performs the functions as recited such as being capable of being a sock),
wherein said knitted trapezoidal lower and upper heel parts form a heel pocket configured to receive all or part of the wearer's heel, said heel pocket extending in the heel region of the sock (wherein the lower/upper heel parts in the heel region; Woodard teaches the lower/upper heel parts secured together in Figs. 10, 11 which meets the structural limitations in the claims and performs the functions as recited such as being capable of forming a heel pocket for receiving as recited and therefore extending in the heel region).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s heel with the heel of Woodard as a known effective structure for heels in footwear.
Regarding Claim 16, modified Li teaches all the claimed limitations as discussed above in Claim 15.
Li further teaches wherein the knitting step A is performed before the knitting step B (wherein the aperture of knitting step A already exists as step B is begun, especially as similar to applicant disclosure).
Regarding Claim 17, modified Li teaches all the claimed limitations as discussed above in Claim 15.
Li further teaches wherein the trapezoidal dorsal part (112) is knitted with rows of dorsal stitches knitted back and forth (Col. 11 Lines 3-6 "when forming the 3D shoe blank 100 of Fig. 1, at least a yarn (such as 10 and 20) is knitted alternatingly on the front needle bed FB and the back needle bed BB to form...upper portion 112", wherein alternatingly meets the claimed term of back/forth; see Figs. 12, 13),
and the trapezoidal plantar part (120) is knitted with rows of plantar stitches knitted back and forth (Col. 4 Lines 22-24 "shoe blank 100…made by using a flat knitting machine" wherein is part of 100 and therefore Col. 11 Lines 3-6 applies; see Fig. 13, wherein alternatingly meets the claimed term of back/forth).
Regarding Claim 18, modified Li teaches all the claimed limitations as discussed above in Claim 15.
Modified Li further teaches wherein the knitting step A is a step of circularly knitting the foot insertion opening for introducing the foot into the internal foot-receiving volume of the knitted sock (Li teaches the foot insertion opening, circularly knit via Dealey).
Response to Arguments
Applicant’s arguments with respect to claims 1, 2, 7-11, 14-18, 22-24 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations. Nevertheless, for clarification--
Pertaining to remarks on page 12 that the application is formed without forming folds or friction areas, is for improving mobility, and is for designed to fit closely while Li is not and therefore the claims are allowable—examiner respectfully disagrees. First, claims have not included any limitations preventing folding, let alone friction. Even if the claims were to include such limitations, the limitation would have more weight in the method claim, but may be product by process in the product claims. Similarly, claims have not claimed any of the functions argued. Even if the limitations were recited, Li or modified Li teaches the recited structures in the claim and therefore is capable of meeting the functions. In other words, claims would have to structurally differentiate from the prior art of record, indicating what the structure is behind the function allegedly not taught by the prior art.
Pertaining to remarks on page 13 that Li is not a sock because it is hardened—examiner respectfully disagrees. Similarly as aforementioned, inasmuch as the structure for the claimed sock is met by the prior art, the prior art meets a sock. Remarks seem to desire a narrower interpretation of the term sock that is not currently structurally required in the claims.
Examiner notes that the claims can be read in light of the specification to help disclose what is included within broadest reasonable interpretation of the claims, but that limitations of the specification cannot be read into the claims. See In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969), MPEP 2111.
Pertaining to remarks on page 13 as to the new limitations not being taught—examiner respectfully disagrees. No details have been provided as to why applicant believes the recitations are not taught, merely a summary of the references.
Pertaining to remarks on page 14 that Langer’s openings at the transitions between regions A and B are a result from the knitting and not formed during the knitted joining of a trapezoidal dorsal to a plantar part and therefore the claims are allowable—examiner respectfully disagrees. First, the claims do not require that the apertures be formed during the joining of the parts. Even if the claims were amended, the recitation may be product by process in the product claims. The method claim would have to better tie the apertures to the specific joining step of the part edges.
Pertaining to remarks pages 14-16 as to what Langer does not teach and therefore the claims are allowable—examiner respectfully disagrees. The remarks are piecemeal, as they address limitations that were taught by other reference(s). In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In other words—remarks have not indicated why the motivation is not applicable. The remarks are also again pertaining to functional limitations not claimed; similarly as aforementioned, the structure is taught by the prior art and therefore the function, even if the function was claimed.
Conclusion
The prior art made of record and not relied upon but is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Croenert (DE 2020/05019393), Negrisoli (WO 2018/127804) directed to apertures.
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.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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