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 with traverse of claims 1-7 and 21-33 in the reply filed on 06/22/2026 is acknowledged. The traversal is on the ground(s) that there would be no serious burden to consider such subject matter as presented in the other groups and/or species. This is not found persuasive because Inventions I and II are related as process of making and product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case the product as claimed can be made by another and materially different process. For instance, the sole structure can be made by a process comprising forming a plurality of foamable pieces that foam after depositing a second portion of foamable pieces.
Inventions III and II are related as apparatus and product made. The inventions in this relationship are distinct if either or both of the following can be shown: (1) that the apparatus as claimed is not an obvious apparatus for making the product and the apparatus can be used for making a materially different product or (2) that the product as claimed can be made by another and materially different apparatus (MPEP § 806.05(g)). In this case the product as claimed can be made by another and materially different apparatus. For instance, the sole structure can be made by an apparatus comprising a bond device that uses hot gas to melt the foam pieces.
Inventions I and III are related as process and apparatus for its practice. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In this case the apparatus as claimed can be used to practice another and materially different process. For instance, apparatus can be used in a process comprising forming a plurality of foamable pieces that foam after depositing a second portion of foamable pieces.
Furthermore, all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
the inventions require different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claims 8-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/22/2026.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 21-33 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 1 recites the limitation "the foam pieces" in lines 4-6. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation "the foam pieces" in lines 5 and 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 30 recites the limitation "the foam pieces" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 and 21-33 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KVAMME (2021/0145116).
Regarding claims 1, 21, 24, 25, 27, 28, and 29, KVAMME discloses a method of making a sole structure, the method comprising:
forming a plurality of foam pieces (270-Fig.12; [0130]);
depositing a first portion of the foam pieces in a first layer (510-Fig.12; [0130]);
selectively bonding an area of the foam pieces in the first layer to define a sole structure shape within the first layer (source of focused actinic radiation is directed toward the first layer, tracing a pre-determined design or shape [0113] such as a midsole component [0124]);
depositing a second portion of the foam pieces in a second layer ([0131]; Fig.13); and
selectively bonding the second layer to the first layer in the area (bonding the second layer to the first layer with actinic radiation (252-Fig.13; [0131]).
Regarding claims 2, 23, 31, KVAMME discloses the plurality of foam particles comprise a coating [0219] that acts as a cross-linker [0228].
Regarding claims 3-4, 30, KVAMME discloses bonding comprises actinic radiation heating ([0113]; 252-Fig.13; [0131]).
Regarding claim 5, KVAMME discloses removing extraneous materials from the three-dimensional component [0125].
Regarding claim 6, KVAMME discloses the plurality of foam particles have different size or shape [0092].
Regarding claims 7 and 22, KVAMME discloses the plurality of foam pieces are expanded TPU [0260].
Regarding claim 26, KVAMME discloses different sole structure shapes [0100], [0102].
Regarding claim 32, KVAMME discloses the distribution device (220, 232-Fig.13).
Regarding claim 33, KVAMME discloses the bond device (250) is positioned above the building bed (220) and are both moveable (Fig.13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
a) Stockbridge et al. (2020/0281314) discloses foamed sole components and method for making a sole with foamed sole components.
b) Bae et al. (EP 4233622) discloses method for molding foamed material.
c) Bailey et al. (2020/0181351) discloses method of manufacturing articles utilizing foam particles.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/Primary Examiner, Art Unit 1742
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