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
The information disclosure statement (IDS) submitted on 11-13-2024 and 09-08-2025 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 21-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 is rejected because it recites limitations “a cushion received within the cavity and retained in a predetermined position within the cavity due to frictional engagement between a material of the midsole and an outer surface of the cushion, the cushion being separate from the midsole”. It is not clear how the cushion is separate from the midsole, the limitations created question that the cushion is different structure than the midsole or the cushion can be taken off from the midsole? In this instant case the specification does not clearly answer the questions above. For the express purpose of an examination on the merits, this limitation is interpreted to that the midsole and cushion are different structure.
Claim 29 is rejected because it recites limitations “a surface defining the cavity includes a texture to increase frictional engagement between the material of the midsole and the outer surface of the cushion”. It is not clear where or what structure is the texture and how said texture can increase the frictional engagement. Plus, the friction is increased comparing to what. For the express purpose of an examination on the merits, this limitation is interpreted to that the texture is the different shape of the bladder.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
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) 1-10 and 21-30 is/are rejected, to the degree of definite, under 35 U.S.C. 102(a)(1) as being anticipated by Allen et al. (5,363,570).
Regarding claim 1, Allen discloses a sole structure for an article of footwear, the sole structure (figs 1-12) comprising:
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a midsole (member 42) including a cavity (member 70) having a first projection extending from a first surface within the cavity in a first direction and a second projection extending from a second surface within the cavity in a second direction toward the first projection (fig 3 annotated above); and
a cushion (member 10) including a first recess provided on a first side of the cushion and a second recess provided on an opposite, second side of the cushion, the first recess receiving the first projection and the second recess receiving the second projection (fig 3 annotated above).
Regarding claim 2, Allen discloses the first projection is aligned with the second projection (fig 3 annotated above).
Regarding claim 3, Allen discloses a distal end of the first projection opposes and is aligned with a distal end of the second projection (fig 3 annotated above).
Regarding claim 4, Allen discloses at least one of the first projection and the second projection is elongate and extends between a first end and a second end along a longitudinal axis of the at least one of the first projection and the second projection, at least one of the first end and the second end including a bevel (fig 3 annotated above).
Regarding claim 5, Allen discloses the first projection substantially fills the first recess and the second projection substantially fills the second recess (fig 3 annotated above).
Regarding claim 6, Allen discloses the cushion is a bladder (col 5, lines 6).
Regarding claim 7, Allen discloses the bladder includes a first barrier layer joined to a second barrier layer to define a chamber (members 34-35), the chamber having a plurality of segments defined by a web area of the bladder (members 24 and 32).
Regarding claim 8, Allen discloses a portion of the web area is disposed between a distal end of the first projection and a distal end of the second projection (fig 3 annotated above).
Regarding claim 9, Allen discloses the bladder is pressurized (i.e. fluid filled or fluid tight, col 3, lines 29-52 and col 5, lines 61-63).
Regarding claim 10, Allen discloses an article of footwear incorporating the sole structure of Claim 1 (fig 1).
Regarding claim 21, Allen discloses a sole structure for an article of footwear, the sole structure (figs 1-12) comprising:
a midsole (member 42) including a cavity (member 70); and
a cushion (member 10) received within the cavity and retained in a predetermined position within the cavity (fig 3 annotated above) due to frictional engagement between a material of the midsole and an outer surface of the cushion (any material will provide friction and the fact that the cushion being keep inside the midsole saying that the friction force is there), the cushion being separate from the midsole (col 7, lines 53-68).
Regarding claim 22, Allen discloses the midsole includes a first projection extending from a first surface within the cavity in a first direction (fig 3 annotated above).
Regarding claim 23, Allen discloses the first projection is received by a first recess of the cushion (fig 3 annotated above).
Regarding claim 24, Allen discloses the first projection is in contact with the outer surface of the cushion within the first recess (fig 3 annotated above).
Regarding claim 25, Allen discloses the first projection substantially fills the first recess (fig 3 annotated above).
Regarding claim 26, Allen discloses the cushion is a bladder (col 5, line 6).
Regarding claim 27, Allen discloses the bladder includes a first barrier layer joined to a second barrier layer to define a chamber (members 34-35), the chamber having a plurality of segments defined by a web area of the bladder (members 24 and 32).
Regarding claim 28, Allen discloses the bladder is pressurized (i.e. fluid filled or fluid tight, col 3, lines 29-52 and col 5, lines 61-63).
Regarding claim 29, Allen discloses a surface defining the cavity includes a texture to increase frictional engagement between the material of the midsole and the outer surface of the cushion (col 7, lines 18-65).
Regarding claim 30, Allen discloses an article of footwear incorporating the sole structure of Claim 21 (fig 1).
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-4pm.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732