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 of Species VI (Fig. 2) and Sub-Species III (Figs. 7A and 7B) in the reply filed on 01/26/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP 818.01(a)).
In addition, it is noted that an election with traverse or without traverse should be made to the Restriction Requirement itself in Applicant's reply, not to which claims read on an elected invention (see 37 CFR. 1.143 and MPEP 818.01).
Claims 1-20 are being treated on the merits.
Specification
The disclosure is objected to because of the following informalities:
In para. 14, "4A-4D" appears to read "Figs. 4A-4D".
Appropriate correction is required.
Claim Objections
Claims 1 and 13 are objected to because of the following informalities:
In claims 1 and 13, "(a)" and "(b)" should be amended to remove the double parentheses with both the left and right parts, because such double parentheses are generally used for enclosing reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims. See MPEP § 608.01(m). Applicant may use "a)" and "b)" or other proper numbering methods.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 9-14 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 7, 9-11 and 15 of U.S. Patent No. 11,147,342 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are anticipated by patent claims 1, 3-4, 7, 9-11 and 15.
Below is a table illustrating a claim to claim analysis of the double patenting rejections.
Instant Application
U.S. Patent 11,147,342 B2
1. A foot support system for an article of footwear, comprising:
[A] a first footwear component;
[B] a first fluid-filled bladder support or container engaged with the first footwear component, wherein the first fluid-filled bladder support or container includes a gas at a first pressure;
a second fluid-filled bladder support or container engaged with the first footwear component or a second footwear component, wherein the second fluid-filled bladder support or container includes a gas at a second pressure;
[C] a first fluid transfer line placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container;
[D] a valve located in or connected to the first fluid transfer line, wherein the valve includes:
a fixed valve part including a valve component seating area, and
a movable valve part including a portion movable into and out of contact with the valve component seating area; and
[E] a control system configured to change the valve between an open condition and a closed condition, wherein when the second pressure is greater than the first pressure, the control system: (a) holds the valve in the closed condition and inhibits gas from moving from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container or (b) is selectively controllable to move the valve to the open condition and allow fluid to move from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container, and
[F] wherein when the first pressure is greater than the second pressure by at least a first predetermined amount, gas from the first fluid-filled bladder support or container: (a) causes the movable valve part to move out of contact with the valve component seating area and (b) moves from the first fluid-filled bladder support or container, through the valve and first fluid transfer line, and into the second fluid-filled bladder support or container.
1. A foot support system for an article of footwear, comprising:
[A][R] a first footwear component;
[B][S] a first fluid-filled container or bladder support engaged with the first footwear component, wherein the first fluid-filled container or bladder support includes a gas at a first pressure;
a second fluid-filled container or bladder support engaged with the first footwear component or a second footwear component, wherein the second fluid-filled container or bladder support includes a gas at a second pressure;
[C][T] a first fluid transfer line placing the first fluid-filled container or bladder support in fluid-communication with the second fluid-filled container or bladder support;
[D][U] a valve located in or connected to the first fluid transfer line, wherein the valve includes:
a fixed valve part including a valve component seating area, and
a movable valve part including a portion movable into and out of contact with the valve component seating area, wherein the movable valve part maintains a sealed connection with an interior channel of the first fluid transfer line; and
[E][U][V] a control system configured to change the valve between an open condition and a closed condition, wherein when the second pressure is greater than the first pressure, the control system: (a) holds the valve in the closed condition and inhibits gas from moving from the second fluid-filled container or bladder support, through the first fluid transfer line and valve, and into the first fluid-filled container or bladder support or (b) is selectively controllable to move the valve to the open condition and allow fluid to move from the second fluid-filled container or bladder support, through the first fluid transfer line and valve, and into the first fluid-filled container or bladder support, and
[F] wherein when the first pressure is greater than the second pressure by at least a first predetermined amount, gas from the first fluid-filled container or bladder support: (a) causes the movable valve part to move out of contact with the valve component seating area and (b) moves from the first fluid-filled container or bladder support, through the valve and first fluid transfer line, and into the second fluid-filled container or bladder support.
2. The foot support system according to claim 1,
[G] wherein the valve further includes a biasing component for applying a biasing force to the movable valve part in a direction toward the closed condition.
3. The foot support system according to claim 1,
[G][W] wherein the valve further includes a biasing component for holding the movable valve part so that the valve maintains one of the open condition or the closed condition.
9. The foot support system according to claim 1,
[H] wherein the movable valve part includes a magnet and/or at least a portion made from a material attracted to a magnet, and
[I] wherein the control system includes a permanent magnet that is movable between a first position and a second position to change the valve between the open condition and the closed condition.
4. The foot support system according to claim 3,
[G][W] wherein the fixed valve part includes:
a first end forming a stop surface as at least a portion of the valve component seating area,
a second end having a first fluid port, and
a fluid channel extending through the fixed valve part from the first fluid port to a second fluid port located at an exterior surface of the fixed valve part;
wherein the movable valve part includes a free end surface and an open channel extending through the movable valve part, wherein a first opening to the open channel is located at the free end surface of the movable valve part; and
wherein the biasing component applies a force to the movable valve part in a direction to move the free end surface toward the stop surface.
7. The foot support system according to claim 3,
[X] wherein the biasing component includes a spring.
10. The foot support system according to claim 1,
[J] wherein the movable valve part includes a magnet and/or at least a portion made from a material attracted to a magnet, and
[K] wherein the control system includes an electromagnet that is switchable between a powered condition and an unpowered condition to change the valve between the open condition and the closed condition.
9. The foot support system according to claim 1,
[H] [J] wherein the movable valve part includes a magnet and/or at least a portion made from a material attracted to a magnet, and wherein the control system includes one of:
[I] (a) a permanent magnet that is movable between a first position and a second position to change the valve between the open condition and the closed condition, or
[K] (b) an electromagnet that is switchable between a powered condition and an unpowered condition or a reduced power condition to change the valve between the open condition and the closed condition.
11. The foot support system according to claim 1, further comprising:
[L] a pump to move fluid from the first fluid-filled bladder support or container to the second fluid-filled bladder support or container.
10. The foot support system according to claim 1, further comprising:
[L] a pump to move fluid from the first fluid-filled container or bladder support to the second fluid-filled container or bladder support.
12. The foot support system according to claim 1, further comprising:
[M] a pump to move fluid from the first fluid-filled bladder support or container to the second fluid-filled bladder support or container;
[N] a second fluid transfer line connecting the first fluid-filled bladder support or container to the pump;
[O] a first one-way valve in the second fluid transfer line that allows fluid flow from the first fluid-filled bladder support or container to the pump but inhibits fluid flow from the pump to the first fluid-filled bladder support or container via the second fluid transfer line;
[P] a third fluid transfer line connecting the pump to the second fluid-filled bladder support or container; and
[Q] a second one-way valve in the third fluid transfer line that allows fluid flow from the pump to the second fluid-filled bladder support or container but inhibits fluid flow from the second fluid-filled bladder support or container to the pump via the third fluid transfer line.
11. The foot support system according to claim 1, further comprising:
[M] a pump to move fluid from the first fluid-filled container or bladder support to the second fluid-filled container or bladder support;
[N] a second fluid transfer line connecting the first fluid-filled container or bladder support to the pump;
[O] a first one-way valve in the second fluid transfer line that allows fluid flow from the first fluid-filled container or bladder support to the pump but inhibits fluid flow from the pump to the first fluid-filled container or bladder support via the second fluid transfer line;
[P] a third fluid transfer line connecting the pump to the second fluid-filled container or bladder support; and
[Q] a second one-way valve in the third fluid transfer line that allows fluid flow from the pump to the second fluid-filled container or bladder support but inhibits fluid flow from the second fluid-filled container or bladder support to the pump via the third fluid transfer line.
13. A foot support system for an article of footwear, comprising:
[R] a first footwear component;
[S] a first fluid-filled bladder support or container engaged with the first footwear component;
a second fluid-filled bladder support or container engaged with the first footwear component or a second footwear component;
[T] a first fluid transfer line placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container;
[U] a valve located in or connected to the first fluid transfer line, wherein the valve is switchable between: (a) an open condition in which fluid flows through the valve and through the first fluid transfer line and (b) a closed condition in which fluid flow through the first fluid transfer line is stopped by the valve, wherein the valve includes:
a fixed valve part including a valve component seating area, and
a movable valve part including a portion movable into and out of contact with the valve component seating area; and
[V] a control system that changes the valve between the open condition and the closed condition.
15. A foot support system for an article of footwear, comprising:
[R] a first footwear component;
[S] a first fluid-filled container or bladder support engaged with the first footwear component;
a second fluid-filled container or bladder support engaged with the first footwear component or a second footwear component;
[T] a first fluid transfer line placing the first fluid-filled container or bladder support in fluid-communication with the second fluid-filled container or bladder support;
[U] a valve located in or connected to the first fluid transfer line, wherein the valve is switchable between: (a) an open condition in which fluid flows through the valve and through the first fluid transfer line and (b) a closed condition in which fluid flow through the first fluid transfer line is stopped by the valve, wherein the valve includes:
a fixed valve part including a valve component seating area, and
a movable valve part including a portion movable into and out of contact with the valve component seating area, wherein the movable valve part maintains a sealed connection with an interior channel of the first fluid transfer line; and
[V] a control system that changes the valve between the open condition and the closed condition.
14. The foot support system according to claim 13,
[W] wherein the valve further includes a biasing component for applying a biasing force to the movable valve part in a direction toward the closed condition.
18. The foot support system according to claim 14,
[X] wherein the biasing component includes a spring.
Claims 1-2, 9-14 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7-8 and 10 of U.S. Patent No. 12,262,785 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are anticipated by patent claims 1, 7-8 and 10.
Below is a table illustrating a claim to claim analysis of the double patenting rejections.
Instant Application
US 12,262,785 B2
1. A foot support system for an article of footwear, comprising:
[A] a first footwear component;
[B] a first fluid-filled bladder support or container engaged with the first footwear component, wherein the first fluid-filled bladder support or container includes a gas at a first pressure;
a second fluid-filled bladder support or container engaged with the first footwear component or a second footwear component, wherein the second fluid-filled bladder support or container includes a gas at a second pressure;
[C] a first fluid transfer line placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container;
[D] a valve located in or connected to the first fluid transfer line, wherein the valve includes:
a fixed valve part including a valve component seating area, and
a movable valve part including a portion movable into and out of contact with the valve component seating area; and
[E] a control system configured to change the valve between an open condition and a closed condition, wherein when the second pressure is greater than the first pressure, the control system: (a) holds the valve in the closed condition and inhibits gas from moving from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container or (b) is selectively controllable to move the valve to the open condition and allow fluid to move from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container, and
[F] wherein when the first pressure is greater than the second pressure by at least a first predetermined amount, gas from the first fluid-filled bladder support or container: (a) causes the movable valve part to move out of contact with the valve component seating area and (b) moves from the first fluid-filled bladder support or container, through the valve and first fluid transfer line, and into the second fluid-filled bladder support or container.
1. A foot support system for an article of footwear, comprising:
[A][P] a first footwear component;
[B][Q] a first fluid-filled container or bladder support engaged with the first footwear component, wherein the first fluid-filled container or bladder support includes a gas at a first pressure;
a second fluid-filled container or bladder support engaged with the first footwear component or a second footwear component, wherein the second fluid-filled container or bladder support includes a gas at a second pressure;
[C][R] a first fluid transfer line placing the first fluid-filled container or bladder support in fluid-communication with the second fluid-filled container or bladder support;
[D][H] [S] a valve located in or connected to the first fluid transfer line, wherein the valve is switchable between an open condition and a closed condition and includes: (a) a fixed valve part including a valve component seating area, (b) [G][U] a movable valve part including a ball movable into and out of contact with the valve component seating area, and [G][U] (c) a biasing component configured to apply a biasing force to the ball in a direction toward the closed condition, [V] wherein the biasing component includes a spring applying the biasing force to the ball; and
[E][T] a control system configured to change the valve between the open condition and the closed condition, wherein when the second pressure is greater than the first pressure, the control system: (a) holds the valve in the closed condition and inhibits gas from moving from the second fluid-filled container or bladder support, through the first fluid transfer line and valve, and into the first fluid-filled container or bladder support or (b) is selectively controllable to move the valve to the open condition and allow fluid to move from the second fluid-filled container or bladder support, through the first fluid transfer line and valve, and into the first fluid-filled container or bladder support, and
[F] wherein when the first pressure is greater than the second pressure by at least a first predetermined amount, gas from the first fluid-filled container or bladder support: (a) causes the movable valve part to move out of contact with the valve component seating area and (b) moves from the first fluid-filled container or bladder support, through the valve and first fluid transfer line, and into the second fluid-filled container or bladder support.
2. The foot support system according to claim 1,
[G] wherein the valve further includes a biasing component for applying a biasing force to the movable valve part in a direction toward the closed condition.
9. The foot support system according to claim 1,
[H] wherein the movable valve part includes a magnet and/or at least a portion made from a material attracted to a magnet, and wherein the control system includes a permanent magnet that is movable between a first position and a second position to change the valve between the open condition and the closed condition.
7. The foot support system according to claim 1,
[H] [I] wherein the ball includes a magnet and/or at least a portion made from a material attracted to a magnet, and wherein the control system includes one of: (a) a permanent magnet that is movable between a first position and a second position to change the valve between the open condition and the closed condition, or (b) an electromagnet that is switchable between a powered condition and an unpowered condition or a reduced power condition to change the valve between the open condition and the closed condition.
10. The foot support system according to claim 1,
[I] wherein the movable valve part includes a magnet and/or at least a portion made from a material attracted to a magnet, and wherein the control system includes an electromagnet that is switchable between a powered condition and an unpowered condition to change the valve between the open condition and the closed condition.
11. The foot support system according to claim 1, further comprising:
[J] a pump to move fluid from the first fluid-filled bladder support or container to the second fluid-filled bladder support or container.
8. The foot support system according to claim 1, further comprising:
[J] [K] a pump to move fluid from the first fluid-filled container or bladder support to the second fluid-filled container or bladder support;
[L] a second fluid transfer line connecting the first fluid-filled container or bladder support to the pump;
[M] a first one-way valve in the second fluid transfer line that allows fluid flow from the first fluid-filled container or bladder support to the pump but inhibits fluid flow from the pump to the first fluid-filled container or bladder support via the second fluid transfer line;
[N] a third fluid transfer line connecting the pump to the second fluid-filled container or bladder support; and
[O] a second one-way valve in the third fluid transfer line that allows fluid flow from the pump to the second fluid-filled container or bladder support but inhibits fluid flow from the second fluid-filled container or bladder support to the pump via the third fluid transfer line.
12. The foot support system according to claim 1, further comprising:
[K] a pump to move fluid from the first fluid-filled bladder support or container to the second fluid-filled bladder support or container;
[L] a second fluid transfer line connecting the first fluid-filled bladder support or container to the pump;
[M] a first one-way valve in the second fluid transfer line that allows fluid flow from the first fluid-filled bladder support or container to the pump but inhibits fluid flow from the pump to the first fluid-filled bladder support or container via the second fluid transfer line;
[N] a third fluid transfer line connecting the pump to the second fluid-filled bladder support or container; and
[O] a second one-way valve in the third fluid transfer line that allows fluid flow from the pump to the second fluid-filled bladder support or container but inhibits fluid flow from the second fluid-filled bladder support or container to the pump via the third fluid transfer line.
13. A foot support system for an article of footwear, comprising:
[P] a first footwear component;
[Q] a first fluid-filled bladder support or container engaged with the first footwear component;
a second fluid-filled bladder support or container engaged with the first footwear component or a second footwear component;
[R] a first fluid transfer line placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container;
[S] a valve located in or connected to the first fluid transfer line, wherein the valve is switchable between: (a) an open condition in which fluid flows through the valve and through the first fluid transfer line and (b) a closed condition in which fluid flow through the first fluid transfer line is stopped by the valve, wherein the valve includes:
a fixed valve part including a valve component seating area, and
a movable valve part including a portion movable into and out of contact with the valve component seating area; and
[T] a control system that changes the valve between the open condition and the closed condition.
10. A foot support system for an article of footwear, comprising:
[P] a first footwear component;
[Q] a first fluid-filled container or bladder support engaged with the first footwear component;
a second fluid-filled container or bladder support engaged with the first footwear component or a second footwear component;
[R] a first fluid transfer line placing the first fluid-filled container or bladder support in fluid-communication with the second fluid-filled container or bladder support;
[S] a valve located in or connected to the first fluid transfer line, wherein the valve is switchable between: (a) an open condition in which fluid flows through the valve and through the first fluid transfer line and (b) a closed condition in which fluid flow through the first fluid transfer line is stopped by the valve, wherein the valve includes: (i) a fixed valve part including a valve component seating area, (ii) a movable valve part including a ball movable into and out of contact with the valve component seating area, and
[U] (iii) a biasing component configured to apply a biasing force to the ball in a direction toward the closed condition,
[V] wherein the biasing component includes a spring applying the biasing force to the ball; and
[T] a control system that changes the valve between the open condition and the closed condition.
14. The foot support system according to claim 13,
[U] wherein the valve further includes a biasing component for applying a biasing force to the movable valve part in a direction toward the closed condition.
18. The foot support system according to claim 14,
[V] wherein the biasing component includes a spring.
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.
Claims 1-2, 7-11, 13-15 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitterle (DE 102015225209 A1).
Regarding claim 1, Mitterle discloses a foot support system for an article of footwear (a variable chamber system for an insole; figs. 1-9; see English translation; paras. 0010, 0052-0054, 0060), comprising:
a first footwear component (a sole 14; fig. 9; paras. 0073);
a first fluid-filled bladder support or container (chamber A; figs. 1-3, 9; paras. 0061-0063, 0073) engaged with the first footwear component (figs. 1-3, 9; paras. 0061-0063, 0073), wherein the first fluid-filled bladder support or container includes a gas at a first pressure (air, nitrogen or CO2 at a first pressure; figs. 1-3, 9; paras. 0014, 0061-0063, 0073);
a second fluid-filled bladder support or container (chamber B; figs. 1-3, 9; paras. 0061-0063, 0073) engaged with the first footwear component (figs. 1-3, 9; paras. 0061-0063, 0073) or a second footwear component, wherein the second fluid-filled bladder support or container includes a gas at a second pressure (air, nitrogen or CO2 at a second pressure; figs. 1-3, 9; paras. 0014, 0061-0063, 0073);
a first fluid transfer line (a flow channel between chambers A and B; figs. 1-3, 9; paras. 0061-0063, 0073) placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container (figs. 1-3, 9; paras. 0061-0063, 0073);
a valve (valve 1, 10; figs. 1-3, 9; paras. 0017, 0061-0063, 0073) located in or connected to the first fluid transfer line (figs. 1-3, 9; paras. 0061-0063, 0073), wherein the valve includes:
a fixed valve part (tube sidewall, boundaries 5 and sealing elements 6; figs. 4-7; paras. 0037, 0065-0070) including a valve component seating area (sealing elements 6; figs. 4-7; paras. 0065-0070), and
a movable valve part (dumbbell-closure piece 4; figs. 4-7; paras. 0065-0070) including a portion (a left or right portion of closure piece 4; figs. 4-7; paras. 0065-0070) movable into and out of contact with the valve component seating area (upon a magnetic force; figs. 4-7; paras. 0065-0070); and
a control system (control unit 11; fig. 9; para. 0073) configured to change the valve between an open condition and a closed condition (figs. 4-7; paras. 0010, 0065-0070, 0073),
wherein when the second pressure is greater than the first pressure (figs. 1-3, 9; paras. 0019, 0061-0063, 0073), the control system: (a) holds the valve in the closed condition and inhibits gas from moving from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container (figs. 1-3, 9; paras. 0061-0063, 0073) or (b) is selectively controllable to move the valve to the open condition and allow fluid to move from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container, and
wherein when the first pressure is greater than the second pressure by at least a first predetermined amount (figs. 1-3, 9; paras. 0061-0063, 0073), gas from the first fluid-filled bladder support or container: (a) causes the movable valve part to move out of contact with the valve component seating area (figs. 4-7; paras. 0065-0070, 0073) and (b) moves from the first fluid-filled bladder support or container, through the valve and first fluid transfer line, and into the second fluid-filled bladder support or container (figs. 1-3, 9; paras. 0061-0063, 0073).
Regarding claim 2, Mitterle discloses the foot support system according to claim 1, and further discloses wherein the valve further includes a biasing component (magnet 3 or electromagnet 7; figs. 4-7; paras. 0065-0070) for applying a biasing force to the movable valve part in a direction toward the closed condition (figs. 4-7; paras. 0065-0070).
Regarding claim 7, Mitterle discloses the foot support system according to claim 1, and further discloses wherein the fixed valve part (tube sidewall, boundaries 5 and sealing elements 6; figs. 4-7) includes a first end (a left end at a left boundary 5; figs. 4-7), a second end (a right end at a right boundary 5; figs. 4-7), a sidewall (tube sidewall; figs. 4-7) extending between the first end and the second end (figs. 4-7), and an interior volume defined within the sidewall (figs. 4-7), and
wherein the movable valve part (dumbbell-closure piece 4; figs. 4-7) is located within the interior volume (figs. 4-7).
Regarding claim 8, Mitterle discloses the foot support system according to claim 1, and further discloses wherein the first fluid transfer line includes a tube (figs. 1-7; para. 0037) having an interior wall that defines an interior channel (figs. 1-7; para. 0037);
wherein the fixed valve part (tube sidewalls, boundaries 5 and sealing elements 6; figs. 4-7) includes a first end (a left end at a left boundary 5; figs. 4-7), a second end (a right end at a right boundary 5; figs. 4-7) opposite the first end, and a sidewall (tube sidewall; figs. 4-7) extending between the first end and the second end (figs. 4-7), wherein an outer rim (sealing elements 6 being silicone rings; figs. 4-7; para. 0066) of the fixed valve part sealingly engages the interior wall of the tube (figs. 4-7; para. 0066), and wherein:
the first end includes a stop surface (at left sealing element 6; figs. 4-7) that forms at least a portion of the valve component seating area (figs. 4-7), wherein a first fluid port (at left end; figs. 4-7) extends from the stop surface to a location exterior to the fixed valve part at the first end (figs. 4-7),
the second end includes a second fluid port (at right sealing element 6; figs. 4-7), and
an interior volume defined within the sidewall of the fixed valve part and extending from the first fluid port to the second fluid port (figs. 4-7); and
wherein the movable valve part (dumbbell-closure piece 4; figs. 4-7) is located within the interior volume (figs. 4-7).
Regarding claim 9, Mitterle discloses the foot support system according to claim 1, wherein the movable valve part (dumbbell-closure piece 4; fig. 4) includes a magnet and/or at least a portion made from a material attracted to a magnet (para. 0066), and wherein the control system includes a permanent magnet (magnet 3; fig. 4; para. 0066) that is movable between a first position and a second position to change the valve between the open condition and the closed condition (para. 0066).
Regarding claim 10, Mitterle discloses the foot support system according to claim 1, and further discloses wherein the movable valve part (dumbbell-closure piece 4; fig. 5-7) includes a magnet and/or at least a portion made from a material attracted to a magnet (paras. 0066-0070), and wherein the control system includes an electromagnet (electromagnets 7; figs. 5-7; paras. 0066-0070) that is switchable between a powered condition and an unpowered condition to change the valve between the open condition and the closed condition (paras. 0066-0070).
Regarding claim 11, Mitterle discloses the foot support system according to claim 1, and further discloses the foot support system further comprising: a pump (the control unit includes elements from the group of pumps, electrically controlled valves, switching valves which can redirect the fluid flow; fig. 9; para. 0025) to move fluid from the first fluid-filled bladder support or container to the second fluid-filled bladder support or container (fig. 9; para. 0025).
Regarding claim 13, Mitterle discloses a foot support system for an article of footwear (a variable chamber system for an insole; figs. 1-9; see English translation; paras. 0010, 0052-0054, 0060), comprising:
a first footwear component (a sole 14; fig. 9; paras. 0073);
a first fluid-filled bladder support or container (chamber A; figs. 1-3, 9; paras. 0061-0063, 0073) engaged with the first footwear component (figs. 1-3, 9; paras. 0061-0063, 0073);
a second fluid-filled bladder support (chamber B; figs. 1-3, 9; paras. 0061-0063, 0073) engaged with the first footwear component (figs. 1-3, 9; paras. 0061-0063, 0073) or a second footwear component;
a first fluid transfer line (a flow channel between chambers A and B; figs. 1-3, 9; paras. 0061-0063, 0073) placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container (figs. 1-3, 9; paras. 0061-0063, 0073);
a valve (valve 1, 10; figs. 1-3, 9; paras. 0017, 0061-0063, 0073) located in or connected to the first fluid transfer line (figs. 1-3, 9; paras. 0061-0063, 0073), wherein the valve is switchable between: (a) an open condition in which fluid flows through the valve and through the first fluid transfer line (figs. 1-7, 9; paras. 0065-0070, 0073) and (b) a closed condition in which fluid flow through the first fluid transfer line is stopped by the valve (figs. 1-7, 9; paras. 0065-0070, 0073), wherein the valve includes:
a fixed valve part (tube sidewall, boundaries 5 and sealing elements 6; figs. 4-7; paras. 0037, 0065-0070) including a valve component seating area (sealing elements 6; figs. 4-7; paras. 0065-0070), and a movable valve part (dumbbell-closure piece 4; figs. 4-7; paras. 0065-0070) including a portion (a left or right portion of closure piece 4; figs. 4-7; paras. 0065-0070) movable into and out of contact with the valve component seating area (upon a magnetic force; figs. 4-7; paras. 0065-0070); and
a control system (control unit 11; fig. 9; para. 0073) configured to change the valve between an open condition and a closed condition (figs. 4-7; paras. 0010, 0065-0070, 0073).
Regarding claim 14, Mitterle discloses the foot support system according to claim 13, and further discloses wherein the valve further includes a biasing component (magnet 3 or electromagnet 7; figs. 4-7; paras. 0065-0070) for applying a biasing force to the movable valve part in a direction toward the closed condition (figs. 4-7; paras. 0065-0070).
Regarding claim 15, Mitterle discloses the foot support system according to claim 14, and further discloses wherein the fixed valve part tube sidewall, boundaries 5 and sealing elements 6; figs. 4-7) includes a first end (a left end at a left boundary 5; figs. 4-7), a second end (a right end at a right boundary 5; figs. 4-7), a sidewall (tube sidewall; figs. 4-7) extending between the first end and the second end (figs. 4-7), wherein:
the first end includes a stop surface (at left sealing elements 6; figs. 4-7) that forms at least a portion of the valve component seating area (figs. 4-7), wherein a first fluid port (at left end; figs. 4-7) extends from the stop surface to a location exterior to the fixed valve part at the first end (figs. 4-7),
the second end includes a second fluid port (at right sealing elements 6; figs. 4-7), and
an interior volume defined within the sidewall of the fixed valve part and extending from the first fluid port to the second fluid port (figs. 4-7);
wherein the movable valve part (dumbbell-closure piece 4; figs. 4-7) includes a free end surface (at a right end of dumbbell-closure piece 4; figs. 4-7) movable into and out of contact with the stop surface (figs. 4-7; paras. 0065-0070), and
wherein the biasing component (magnet 3 or electromagnet 7; figs. 4-7) applies the biasing force to the movable valve part in a direction to push the free end surface toward the stop surface (figs. 4-7; paras. 0065-0070).
Regarding claim 19, Mitterle discloses the foot support system according to claim 13, and further discloses wherein the fixed valve part (tube sidewall, boundaries 5 and sealing elements 6; figs. 4-7) includes a first end (a left end at a left boundary 5; figs. 4-7), a second end (a right end at a right boundary 5; figs. 4-7), a sidewall (tube sidewall; figs. 4-7) extending between the first end and the second end (figs. 4-7), and an interior volume defined within the sidewall (figs. 4-7), and
wherein the movable valve part is located within the interior volume (dumbbell-closure piece 4; figs. 4-7) is located within the interior volume (figs. 4-7).
Regarding claim 20, Mitterle discloses the foot support system according to claim 13, and further discloses wherein the first fluid transfer line includes a tube (figs. 1-7; para. 0037) having an interior wall that defines an interior channel (figs. 1-7; para. 0037);
wherein the fixed valve part (tube sidewalls, boundaries 5 and sealing elements 6; figs. 4-7) includes a first end (a left end at a left boundary 5; figs. 4-7), a second end (a right end at a right boundary 5; figs. 4-7) opposite the first end, and a sidewall (tube sidewall; figs. 4-7) extending between the first end and the second end (figs. 4-7), wherein an outer rim (sealing elements 6 being silicone rings; figs. 4-7; para. 0066) of the fixed valve part sealingly engages the interior wall of the tube (figs. 4-7; para. 0066), and wherein:
the first end includes a stop surface (at left sealing elements 6; figs. 4-7) that forms at least a portion of the valve component seating area (figs. 4-7), wherein a first fluid port (at left end; figs. 4-7) extends from the stop surface to a location exterior to the fixed valve part at the first end (figs. 4-7),
the second end includes a second fluid port (at right sealing elements 6; figs. 4-7), and
an interior volume defined within the sidewall of the fixed valve part and extending from the first fluid port to the second fluid port (figs. 4-7); and
wherein the movable valve part (dumbbell-closure piece 4; figs. 4-7) is located within the interior volume (figs. 4-7).
Claim Rejections - 35 USC § 103
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 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.
Claims 1-6, 13-14 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Molyneux (US 2014/0165427 A1) in view of Buttigieg (US 6,463,679 B1).
Regarding claim 1, Molyneux discloses a foot support system (bladder assembly 120; figs. 1-2; paras. 0023-0024) for an article of footwear (footwear 100; fig. 1; para. 0016), comprising:
a first footwear component (sole structure 110; figs. 1-2; para. 0026);
a first fluid-filled bladder support or container (bladder 122; figs. 1-2; para. 0024) engaged with the first footwear component (figs. 1-2; para. 0024), wherein the first fluid-filled bladder support or container includes a gas at a first pressure (figs. 1-2; paras. 0022, 0024);
a second fluid-filled bladder support or container (reservoir 124; figs. 1-2; para. 0031) engaged with the first footwear component or a second footwear component (figs. 1-2; para. 0031), wherein the second fluid-filled bladder support or container includes a gas at a second pressure (a constant pressure; figs. 1-2; para. 0031);
a first fluid transfer line (fluid channels 144, 146; fig. 3; para. 0038) placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container (fig. 3; para. 0038);
a valve (valve 140; fig. 3; para. 0038) located in or connected to the first fluid transfer line (fig. 3; para. 0038); and
a control system (control system 180; fig. 3; para. 0038) configured to change the valve between an open condition and a closed condition (fig. 4-6; paras. 0050-0051, 0054-0055),
wherein when the second pressure is greater than the first pressure (when initial value 650 that is substantially below target pressure 634; fig. 6; abstract; para. 0059), the control system: (a) holds the valve in the closed condition and inhibits gas from moving from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container (fig. 6; para. 0060) or (b) is selectively controllable to move the valve to the open condition and allow fluid to move from the second fluid-filled bladder support or container, through the first fluid transfer line and valve, and into the first fluid-filled bladder support or container (control system 180 opens valve 140 and allow fluid to flow from reservoir 124 to bladder 122; fig. 6; paras. 0060-0062), and
wherein when the first pressure is greater than the second pressure by at least a first predetermined amount (when the bladder pressure is substantially greater than the reservoir pressure; fig. 7; abstract; paras. 0063-0064), gas from the first fluid-filled bladder support or container: (b) moves from the first fluid-filled bladder support or container, through the valve and first fluid transfer line, and into the second fluid-filled bladder support or container (fig. 7; paras. 0066, 0068, 0070).
Molyneux does not disclose wherein the valve includes: a fixed valve part including a valve component seating area, and a movable valve part including a portion movable into and out of contact with the valve component seating area; wherein when the first pressure is greater than the second pressure by at least a first predetermined amount, gas from the first fluid-filled bladder support or container: (a) causes the movable valve part to move out of contact with the valve component seating area. However, Molyneux does disclose wherein the valve can be any type of valve (para. 0039). Further, Buttigieg, in an analogous art, teaches an in-line valve in an article of footwear (valve 19; figs. 2A, 3B; col. 3, ll. 11-22; col. 4, ll. 36-46) includes: a fixed valve part (tube 21 and cap 23; fig. 3B; col. 4, ll. 36-46) including a valve component seating area (an area surrounding inner hole 25; see annotated fig. 3B; col. 4, ll. 36-46), and a movable valve part (piston 26 or sphere 27; fig. 3B; col. 4, ll. 36-46) including a portion movable into and out of contact with the valve component seating area (fig. 3B; col. 4, ll. 36-46); wherein the movable valve part is configured to move out of contact with the valve component seating area by a pressure of an incoming gas toward the movable valve part (a pressure of gas from tube 17 or 18 ; see fig. 3B; col. 4, ll. 36-46).
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Annotated Fig. 3B from US 6,463,679 B1
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve as disclosed by Molyneux, with wherein the valve includes a fixed valve part including a valve component seating area, and a movable valve part including a portion movable into and out of contact with the valve component seating area as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers. By this combination, when the first pressure is greater than the second pressure by at least a first predetermined amount, gas from the first fluid-filled bladder support or container would cause the movable valve part to move out of contact with the valve component seating area.
Regarding claim 2, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 1. Buttigieg further teaches wherein the valve further includes a biasing component (spring 24; fig. 3B; col. 4, ll. 36-46) for applying a biasing force to the movable valve part in a direction toward the closed condition (fig. 3B; col. 4, ll. 36-46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve, with wherein the valve further includes a biasing component for applying a biasing force to the movable valve part in a direction toward the closed condition as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder or containers.
Regarding claim 3, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 2, and Molyneux further discloses wherein the first fluid transfer line includes a tube (fluid channel 144 and fluid channel 146; fig. 2) having an interior wall that defines an interior channel (fig. 2).
Buttigieg further teaches wherein the fixed valve part (tube 21 and cap 23; fig. 3B) includes a first end (opposite cap 23; see annotated fig. 3B; col. 4, ll. 36-46), a second end (see annotated fig. 3B) opposite the first end (at cap 23; fig. 3B), and a sidewall extending between the first end and the second end (fig. 3B), wherein an outer rim (see annotated fig. 3B) of the fixed valve part sealingly engages the interior wall of the tube (see annotated fig. 3B; col. 4, ll. 36-46), and wherein: the first end includes a stop surface (at ball 27; see annotated fig. 3B) that forms at least a portion of the valve component seating area (see annotated fig. 3B), wherein a first fluid port (see annotated fig. 3B) extends from the stop surface to a location exterior to the fixed valve part at the first end (see annotated fig. 3B), the second end includes a second fluid port (at 22b; fig. 3B), and an interior volume defined within the sidewall of the fixed valve part and extending from the first fluid port to the second fluid port (see annotated fig. 3B); wherein the movable valve part is located within the interior volume (see annotated fig. 3B) and includes a free end surface (piston 26 or sphere 27 having a free end surface adjacent to spring 24; see fig. 3B); and wherein the biasing component (spring 24; fig. 3B) is located within the interior volume (fig. 3B) and applies the biasing force to the movable valve part in a direction to push the free end surface of the movable valve part toward the stop surface (fig. 3B; col. 4, ll. 36-46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve to have the claimed features as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Regarding claim 4, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 3. As discussed for claims 1-3, by combining of Molyneux and Buttigieg, wherein in the open condition: the control system would apply a force to the movable valve part sufficient to overcome a biasing force of the biasing component and sufficient to hold the free end surface of the movable valve part at a location spaced from the stop surface of the fixed valve part, and wherein in the closed condition: the biasing force applied by the biasing component to the movable valve part would place the free end surface of the movable valve part against the stop surface of the fixed valve part.
Regarding claim 5, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 2. Buttigieg further teaches wherein the fixed valve part (tube 21 and cap 23; fig. 3) includes a first end (opposite cap 23; see annotated fig. 3B; col. 4, ll. 36-46), a second end (see annotated fig. 3B), a sidewall extending between the first end and the second end (fig. 3B), and an interior volume defined within the sidewall (fig. 3B), wherein the movable valve part (piston 26 or sphere 27; fig. 3B) is located within the interior volume (fig. 3B), and wherein the biasing component (spring 24; fig. 3B) is located within the interior volume (fig. 3B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve to have the claimed valve features as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Regarding claim 6, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 5. Buttigieg further teaches wherein the biasing component includes a spring (spring 24; fig. 3B) located within the interior volume (fig. 3B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve to have the claimed valve feature as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Regarding claim 13, Molyneux discloses a foot support system (bladder assembly 120; figs. 1-2; paras. 0023-0024) for an article of footwear (footwear 100; fig. 1; para. 0016), comprising:
a first footwear component (sole structure 110; figs. 1-2; para. 0026);
a first fluid-filled bladder support or container (bladder 122; figs. 1-2; para. 0024) engaged with the first footwear component (figs. 1-2; para. 0024);
a second fluid-filled bladder support or container (reservoir 124; figs. 1-2; para. 0031) engaged with the first footwear component or a second footwear component (figs. 1-2; para. 0031);
a first fluid transfer line (fluid channels 144, 146; fig. 3; para. 0038) placing the first fluid-filled bladder support or container in fluid-communication with the second fluid-filled bladder support or container (fig. 3; para. 0038);
a valve (valve 140; fig. 3; para. 0038) located in or connected to the first fluid transfer line (fig. 3; para. 0038), wherein the valve is switchable between: (a) an open condition in which fluid flows through the valve and through the first fluid transfer line (fig. 6; paras. 0056-0057, 0060-0062) and (b) a closed condition in which fluid flow through the first fluid transfer line is stopped by the valve (fig. 6; paras. 0056-0057, 0060), and
a control system (control system 180; fig. 3; para. 0038) that changes the valve between the open condition and the closed condition (fig. 4-6; paras. 0050-0051, 0054-0055).
Molyneux does not disclose wherein the valve includes: a fixed valve part including a valve component seating area, and a movable valve part including a portion movable into and out of contact with the valve component seating area. However, Molyneux does disclose wherein the valve can be any type of valve (para. 0039). Further, Buttigieg, in an analogous art, teaches an in-line valve in an article of footwear (valve 19; figs. 2A, 3B; col. 3, ll. 11-22; col. 4, ll. 36-46) includes: a fixed valve part (tube 21 and cap 23; fig. 3B; col. 4, ll. 36-46) including a valve component seating area (an area surrounding inner hole 25; see annotated fig. 3B; col. 4, ll. 36-46), and a movable valve part (piston 26 or sphere 27; fig. 3B; col. 4, ll. 36-46) including a portion movable into and out of contact with the valve component seating area (fig. 3B; col. 4, ll. 36-46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve as disclosed by Molyneux, with wherein the valve includes: a fixed valve part including a valve component seating area, and a movable valve part including a portion movable into and out of contact with the valve component seating area as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Regarding claim 14, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 13. Buttigieg further teaches wherein the valve further includes a biasing component (spring 24; fig. 3B; col. 4, ll. 36-46) for applying a biasing force to the movable valve part in a direction toward the closed condition (fig. 3B; col. 4, ll. 36-46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve, with wherein the valve further includes a biasing component for applying a biasing force to the movable valve part in a direction toward the closed condition as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Regarding claim 16, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 14, and Molyneux further discloses wherein the first fluid transfer line includes a tube (fluid channel 144 and fluid channel 146; fig. 2) having an interior wall that defines an interior channel (fig. 2).
Buttigieg further teaches wherein the fixed valve part (tube 21 and cap 23; fig. 3B) includes a first end (opposite cap 23; see annotated fig. 3B; col. 4, ll. 36-46), a second end (see annotated fig. 3B) opposite the first end (at cap 23; fig. 3B), and a sidewall extending between the first end and the second end (fig. 3B), wherein an outer rim (see annotated fig. 3B) of the fixed valve part sealingly engages the interior wall of the tube (see annotated fig. 3B; col. 4, ll. 36-46), and wherein: the first end includes a stop surface (at ball 27; see annotated fig. 3B) that forms at least a portion of the valve component seating area (see annotated fig. 3B), wherein a first fluid port (see annotated fig. 3B) extends from the stop surface to a location exterior to the fixed valve part at the first end (see annotated fig. 3B), the second end includes a second fluid port (at 22b; fig. 3B), and an interior volume defined within the sidewall of the fixed valve part and extending from the first fluid port to the second fluid port (see annotated fig. 3B); wherein the movable valve part is located within the interior volume (see annotated fig. 3B) and includes a free end surface (piston 26 or sphere 27 having a free end surface adjacent to spring 24; see fig. 3B); and wherein the biasing component (spring 24; fig. 3B) is located within the interior volume (fig. 3B) and applies the biasing force to the movable valve part in a direction to push the free end surface of the movable valve part toward the stop surface (fig. 3B; col. 4, ll. 36-46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve to have the claimed valve features as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Regarding claim 17, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 14. Buttigieg further teaches wherein the fixed valve part (tube 21 and cap 23; fig. 3) includes a first end (opposite cap 23; see annotated fig. 3B; col. 4, ll. 36-46), a second end (see annotated fig. 3B), a sidewall extending between the first end and the second end (fig. 3B), and an interior volume defined within the sidewall (fig. 3B), wherein the movable valve part (piston 26 or sphere 27; fig. 3B) is located within the interior volume (fig. 3B), and wherein the biasing component (spring 24; fig. 3B) is located within the interior volume (fig. 3B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the valve to have the claimed valve features as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Regarding claim 18, Molyneux and Buttigieg, in combination, disclose the foot support system according to claim 14. Buttigieg further teaches wherein the biasing component includes a spring (spring 24; fig. 3B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the claimed biasing component including a spring as taught by Buttigieg, in order to use a suitable valve for allowing selective gas flow between the first and second fluid-filled bladder support or containers.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Mitterle (DE 102015225209 A1).
Regarding claim 12, Mitterle discloses the foot support system according to claim 1, and further discloses the foot support system further comprising: a pump (the control unit includes a pump; para. 0025) to move fluid from the first fluid-filled bladder support or container to the second fluid-filled bladder support or container (figs. 1-3; para. 0025).
Mitterle does not explicitly disclose a second fluid transfer line connecting the first fluid-filled bladder support or container to the pump; a first one-way valve in the second fluid transfer line that allows fluid flow from the first fluid-filled bladder support or container to the pump but inhibits fluid flow from the pump to the first fluid-filled bladder support or container via the second fluid transfer line; a third fluid transfer line connecting the pump to the second fluid-filled bladder support or container; and a second one-way valve in the third fluid transfer line that allows fluid flow from the pump to the second fluid-filled bladder support or container but inhibits fluid flow from the second fluid-filled bladder support or container to the pump via the third fluid transfer line. However, Mitterle does disclose wherein the control unit comprising the pump, and the control unit further comprising electrically controlled valves and switching valves which can redirect the fluid flow, and these elements are known to one of ordinary skill of the art (para. 0025). Mitterle further discloses multiple one-way valves in the fluid transfer lines between the first and second fluid-filled bladder support or containers (one-way valves 1 between bladders A and B; figs. 1-3; paras. 0017, 0061-0063). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the fluid transfer lines adjacent the pump, to have the second and third fluid transfer lines connecting the pump to the first and second fluid-filled bladder support or container respectively, and the first and second one-way valves in second and third fluid transfer lines to selectively control the fluid flow directions as claimed, in order to allow selective fluid flow through the pump between the first and second fluid-filled bladder support or containers. Such a configuration is within the level of one of ordinary skill of the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Brenner (US 2007/0069172 A1) discloses a valve comprising a fixed valve part, and a movable valve part and a biasing spring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732
Prosecution Insights