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 .
DETAILED ACTION
Response to Amendment
Applicant’s amendment filed January 21, 2026 has been received, Claims 1-20 are currently pending.
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.
1. Claims 1-9 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 1 “wherein said remove-ably attachable outsole has an outsole toe ridge which generally projects perpendicular to said outsole”. The claim limitation is indefinite as it is unclear how the outsole toe ridge which generally projects perpendicular to said outsole when it is part of the outsole. Applicant should clearly claim what part of the outsole the toe ridge is projects perpendicular from. Claim 1 is rejected as best understood by examiner.
Claims 5-8 recite “said outsole toe region further comprises a first outsole toe projection”. The claim limitation is indefinite as it appears the recited “first outsole toe projection” is referring to the same structure as previously claimed in Claim 1 as “an outsole toe ridge”. Claim 5 further recites “a second outsole projection which projects from said first outsole toe projection”. The claim limitation is indefinite as it appears the recited “a second outsole projection” is referring to the same structure as previously claimed in Claim 1 as “an outsole shelf”. For purposes of examination, the limitations of Claims 5-8 will be interpreted as being in line with those of Claim 1. Claims 5-8 are rejected as best understood by 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 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.
2. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bauer (US 4,267,650).
Regarding Claim 1, Bauer discloses a sole of a shoe, comprising: a midsole (16) comprising a midsole forepart region (39 in the forefoot) and a midsole toe region (44 of 16); a remove-ably attachable outsole (26) comprising an outsole forepart region (41 in the forefoot) and an outsole toe region (44 of 26); wherein said midsole further comprises a midsole bottom surface (of 39); wherein said midsole bottom surface further comprises a midsole forepart region bottom surface (forefoot region of 39) and a midsole toe region bottom surface (toe region of 39); wherein said midsole forepart region bottom surface includes at least one midsole fastener area (39 in the forefoot is a fastener area; Col.3, lines 38-41); wherein said midsole toe region bottom surface and said at least one midsole fastener area have different physical characteristics (as seen in Fig.2, they are different shapes); wherein said remove-ably attachable outsole further comprises an outsole contact surface (41) which contacts said midsole bottom surface (39) when said remove-ably attachable outsole is attached to said shoe (as seen in Fig.1 & 2); wherein said outsole contact surface further comprises an outsole forepart region contact surface (forefoot region of 41) and an outsole toe region contact surface (toe region of 41); wherein said outsole forepart region contact surface includes at least one outsole fastener area that mates with said at least one midsole fastener area (41 in the forefoot is a fastener area; Col.3, lines 38-41); wherein said outsole toe region contact surface and said at least one outsole fastener area have different physical characteristics (as seen in Fig.2, they are different shapes); wherein said remove-ably attachable outsole has an outsole toe ridge (toe portion of 32) which generally projects perpendicular to said outsole (i.e. horizontal portion of outsole at 41) and covers at least a part of said midsole toe region (as seen in Fig.1-3); wherein said remove-ably attachable outsole further comprises an outsole shelf (28) which projects towards an inward direction generally perpendicular to said outsole toe ridge and generally parallel to said outsole contact surface (as seen in Fig.3-4).
Regarding Claim 2, Bauer discloses a sole of claim 1 wherein said midsole forepart region bottom surface (39 in the forefoot) further includes at least a first (i.e. forward 39) and second (i.e. middle 39) section; wherein said first midsole forepart region bottom surface section comprises said at least one midsole fastener area (39 in the forefoot is a fastener area; Col.3, lines 38-41); wherein said first and second midsole forepart region bottom surface sections have different physical characteristics (as seen in Fig.2, they are different shapes).
Regarding Claim 3, Bauer discloses a sole of claim 1 wherein said outsole forepart region contact surface section (41 in the forefoot) further includes at least a first (i.e. forward 41) and second section (i.e. middle 41); wherein said first outsole forepart region contact surface section comprises said at least one outsole fastener area (41 in the forefoot is a fastener area; Col.3, lines 38-41); wherein said first and second outsole forepart region contact surface sections have different physical characteristics (as seen in Fig.2, they are different shapes).
Regarding Claim 4, Bauer discloses a sole of claim 1, wherein said midsole further comprises a midsole toe edge (i.e. toe end edge); wherein said midsole toe edge further comprises a midsole toe recess (toe region with 18) located above said midsole bottom surface; wherein said midsole toe recess extends along at least a part of said midsole toe edge (as seen in Fig.2, 4 & 5).
Regarding Claim 5, insofar as is definite, Bauer discloses a sole of claim 4, wherein said outsole toe region further comprises a first outsole toe projection/ridge (32) and wherein said first outsole projection further comprises a second outsole projection/outsole shelf (toe region with 28) which projects from said first outsole toe projection (as seen in Fig.2, 4 & 5).
Regarding Claim 6, insofar as is definite, Bauer discloses a sole of claim 5, wherein said second outsole toe projection/outsole shelf (toe region with 28) terminates inside of said midsole toe recess (toe region with 18) when said removably attachable outsole is attached to said shoe (Col.3, lines 23-28; as seen in Fig.2, 4 & 5).
Regarding Claim 7, insofar as is definite, Bauer discloses a sole of claim 6, wherein said termination of said second outsole toe projection/outsole shelf (toe region with 28) inside of said midsole toe recess (toe region with 18) when said removably attachable outsole is attached to said shoe restricts movement between said removably attachable outsole and said midsole in at least one direction (Col.3, lines 23-28; as seen in Fig.2, 4 & 5).
Regarding Claim 8, insofar as is definite, Bauer discloses a sole of claim 6, wherein said second outsole toe projection/outsole shelf (toe region with 28) and said midsole toe recess (toe region with 18) each further comprise mating chamfered edges which mate when said second outsole toe projection terminates inside said midsole toe recess when said removably attachable outsole is attached to said shoe (Col.3, lines 23-28; as seen in Fig.2, 4 & 5).
Regarding Claim 9, Bauer discloses a sole of claim 1 wherein at least one of the groups consisting of said at least one midsole fastener area (39 in the forefoot) and said at least one outsole fastener area (41 in the forefoot) further comprises at least one gap (22,24 of 39 or 40 of 41; as seen in Fig.2 & 5).
3. Claim(s) 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2006/0021260).
Regarding Claim 10, Kim discloses a sole of a shoe, comprising: a midsole (10) further comprising a midsole toe region (i.e. toe region of 14), a midsole forepart region (i.e. ball region of 14), and a midsole heel region (i.e. heel region of 14); a first (12) and second (13) remove-ably attachable outsole; wherein said first and said second remove-ably attachable outsoles are separate (as seen in Fig.4); wherein said first remove-ably attachable outsole has a size and shape which generally matches the size and shape of both said midsole toe and said midsole forepart regions (as seen in Fig.4); wherein said first removably attachable outsole (12) further comprises an outsole forepart region (i.e. forefoot region of 12) and an outsole toe region (i.e. toe region of 12); wherein said outsole forepart region further comprises at least one outsole gap (i.e. gap between ends of 16a) which extends laterally across said first removably attachable outsole (as seen in Fig.4); wherein said second remove-ably attachable outsole has a size and shape which generally matches the size and shape of said midsole heel region (as seen in Fig.4).
Regarding Claim 11, Kim discloses a sole of claim 10 wherein said midsole further comprises at least one midsole fastener area (of 14a) and wherein said first remove-ably attachable outsole further comprises at least one outsole fastener area (of 16a) which mates with said at least one midsole fastener area when said at first remove-ably attachable outsole is attached to said shoe (as seen in Fig.4 & 6).
Regarding Claim 12, Kim discloses a sole of claim 11, wherein said at least one midsole fastener area further comprises at least one groove (14a); wherein said first removably attachable outsole further comprises at least one bump (16a); and wherein said at least one bump terminates inside of said at least one groove when said first removably attachable outsole is attached to said shoe (para.26; as seen in Fig.4).
Regarding Claim 13, Kim discloses a sole of claim 10 further comprising at least one finger channel (15a) in said midsole (as seen in Fig.4).
Regarding Claim 14, Kim discloses a sole of a shoe, comprising: a midsole (10) comprising a midsole forepart region (i.e. ball region of 14) and a midsole toe region (i.e. toe region of 14); a first remove-ably attachable outsole (12) comprising an outsole forepart region (i.e. ball region of 12) and an outsole toe region (i.e. toe region of 12); wherein said midsole further comprises a midsole bottom surface (i.e. bottom surface of 11); wherein said midsole bottom surface further comprises a midsole forepart region bottom surface (forefoot region of 14); wherein said midsole forepart region bottom surface includes at least two midsole fastener areas (forefoot lateral 14a & forefoot medial 14a) separated by at least one midsole forepart gap (15a); wherein said at least one midsole gap is a semi-circular groove that extends laterally across said midsole (as seen in Fig.4 & 5); wherein said midsole forepart gap has different physical characteristics from said midsole fastener areas (i.e. they are different shapes); wherein said first remove-ably attachable outsole further comprises an outsole contact surface (16) which contacts said midsole bottom surface (i.e. bottom surface of 11) when said first remove-ably attachable outsole is attached to said shoe (as seen in Fig.4 & 6); wherein said outsole contact surface further comprises an outsole forepart region contact surface (forefoot region of 12); wherein said outsole forepart region contact surface includes at least two outsole fastener areas (forefoot lateral 16a & forefoot medial 16a) that mate with said midsole fastener areas when said first remove-ably attachable outsole is attached to said shoe (as seen in Fig.4 & 6); wherein said at least two outsole fastener areas are separated by at least one outsole forepart gap (i.e. gap between ends of 16a) that extends laterally across said first removably attachable outsole; wherein said outsole forepart gap has different physical characteristics from said outsole fastener areas (i.e. they are different shapes).
Regarding Claim 15, Kim discloses a sole of claim 14, wherein said outsole toe region further comprises an outsole toe projection (shaft of 16a)(as seen in Fig.4 & 6).
Regarding Claim 16, Kim discloses a sole of claim 15, further comprising: wherein said midsole further comprises a midsole toe edge (i.e. toe edge of 10); wherein said midsole toe edge further comprises a midsole toe recess (14a) located above said midsole bottom surface (i.e. bottom surface of 11); wherein said outsole toe projection (shaft of 16a) further comprises an outsole toe shelf (head of 16a) which terminates inside of said midsole toe recess when said removably attachable outsole is attached to said shoe (as seen in Fig.4 & 6).
Regarding Claim 17, Kim discloses a sole of claim 14, wherein said midsole toe region bottom surface (11) has different physical characteristics from said midsole fastener areas (second 14b & third 14b)(i.e. they are different shapes).
Regarding Claim 18, Kim discloses a sole of claim 14, wherein said outsole toe region contact surface (16) has different physical characteristics from said outsole fastener areas (forefoot lateral 16a & forefoot medial 16a)(i.e. they are different shapes).
Regarding Claim 19, Kim discloses a sole of claim 14, further comprising: wherein said midsole further comprises a midsole heel region (i.e. heel region of 14); wherein said midsole heel region bottom surface further comprises a midsole heel fastener area (14b); a second remove-ably attachable outsole (13); wherein said second remove-ably attachable outsole further comprises an outsole heel fastener area (16b) which contacts and mates with said midsole heel fastener area when said second remove-ably attachable outsole is attached to said shoe (as seen in Fig.4 & 6); wherein said first (12) and said second (13) remove-ably attachable outsoles are separate (as seen in Fig.4).
Regarding Claim 20, Kim discloses a sole of claim 19 wherein at least one of the groups consisting of said midsole heel fastener area (14b) and said outsole heel fastener area (16b) further comprises at least one gap (i.e. gap between 14b and gap between 16b)(as seen in Fig.4).
Response to Arguments
In view of Applicant's amendment, the search has been updated, and newly modified grounds of rejection have been identified and applied. Applicant's arguments have been considered but, as they are drawn solely to the newly amended limitations, are moot in view of the newly modified ground(s) of rejection.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732