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 .
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 2-4 and 7 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 2 recites the limitation “the second plurality of yarn strands.” There is insufficient antecedent basis for this limitation in the claim. Claims 3-4 are rejected because they depend from claim 2.
Claim 7 recites the limitation “the foam or woven fabric.” 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)(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.
(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) 1-8 and 12-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Corcoran-Tadd et al. (US 2019/0307208 A1).
Regarding claims 1 and 14-16, Corcoran-Tadd teaches that the winding of the one or more continuous threads forms a thread pattern that imparts desired characteristics to components of an article of footwear (Abstract). Thread lines (yarn strands as claimed) of the thread pattern may be bonded together (Abstract). In some embodiments, thread lines may be bonded with a bonding layer (Abstract). FIGS. 1A and 1B show an article of footwear 100 and upper 120 according to some embodiments ([0058]). Article of footwear 100 may include upper 120 coupled to a sole 180 ([0058]). Continuous thread 130 may be wrapped around a plurality of anchor points 134 and includes a plurality of thread lines 132 (yarn strands as claimed) ([0075]). Each thread line 132 extends between two respective anchor points 134 ([0075]). In some embodiments, thread lines 132 may be bonded together via a bonding layer ([0079] and [0119]). In some embodiments, the bonding layer may include a perimeter portion defining all or a portion of perimeter portion 162 ([0080] and FIGS. 1A and 1B). The examiner notes that at least a subset of a plurality of thread lines 132 (yarn strands) can be see extending in substantially parallel and spaced arrangement in FIGS. 1A and 1B.
Regarding claims 2-4, the examiner notes that, in FIGS. 1A and 1B of Corcoran-Tadd, a first subset of plurality of thread lines 132 (yarn strands) can be seen in a first layer and extending in a first common direction, and a second subset of plurality of thread lines 132 (yarn strands) can be seen in a second layer and extending in a second common direction. The bonding layer, shown as perimeter portion 162, would bond the plurality of thread lines 132 (yarn strands) in each layer (FIGS. 1A and 1B). In the alternative, Corcoran-Tadd teaches that, while FIGS. 1A and 1B show thread pattern 122 including two continuous threads (130 and 170), thread pattern 122 may include any suitable number of continuous threads, such as for example, three, four, five, six, seven, eight, nine, ten, fifteen, or twenty continuous threads ([0091]). Additional continuous threads may be the same as or different from continuous threads 130 and 170 ([0091]). And additional continuous threads may be incorporated into thread pattern 122 in the same manner as continuous threads 130 and 170 ([0191]). The examiner notes that when different threads are used, the plurality of yarn strands would have different elasticities (also see [0085]).
Regarding claims 5, 12 and 18 and 20, Corcoran-Tadd teaches that, in some embodiments, the bonding layer may include a perimeter portion defining all or a portion of perimeter portion 162 ([0080] and FIGS. 1A and 1B). The examiner notes that perimeter portion 162 is shown in FIGS. 1A and 1B as having a saw tooth pattern.
Regarding claims 6-7, Corcoran-Tadd teaches that, in some embodiments, continuous thread(s) of the thread pattern may be directly attached to a sole in step 250 via, for example, stitching, an adhesive, a lamination process, or a heat pressing process ([0104] and [0069]).
Regarding claims 8 and 19, Corcoran-Tadd teaches that FIG. 17 shows a thread pattern swatch 1700 including thread pattern 1510 and an adhesive bonding layer 1720 ([0184]). Adhesive bonding layer 1720 includes an adhesive disposed on thread lines 1512 of thread pattern 1510. And adhesive bonding layer 1720 fixes thread lines 1512 of thread pattern 1510 to each other by forming an adhesive coating on thread lines 1512 ([0184]). In some embodiments, adhesive bonding layer 1720 may be applied to both the inner and outer sides of thread pattern 1510 ([0184]).
Regarding claim 13, Corcoran-Tadd teaches that, in some embodiments, adhesive bonding layer 1720 may be a sprayed adhesive layer, for example a sprayed latex adhesive or a polyurethane adhesive or paint ([0185]).
Regarding claim 17, Corcoran-Tadd teaches that, for example, in some embodiments, thread pattern 122, or a portion thereof, may have a first degree of stretchability or strength in a longitudinal direction between forefoot end 102 and heel end 104 of upper 120 and a second degree of stretchability or strength in a transverse direction between a medial side 106 and a lateral side 108 of upper 120 ([0096]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-5, 12, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd et al. (US 2019/0307208 A1), as applied to claim 1 above, and as further applied below.
Regarding claims 2-4, Corcoran-Tadd remains as applied above, teaching the claimed limitations.
In addition, Corcoran-Tadd teaches that, in some embodiments, a plurality of different continuous threads may be wound around anchor points to form a thread pattern. In some embodiments, different continuous threads may be wound in the same configuration (i.e., around the same anchor points and along the same paths) ([0053]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided different continuous threads wound in the same configuration (i.e., around the same anchor points and along the same paths), and would along paths such as those shown in FIGS. 1A and 1B of Corcoran-Tadd, because Corcoran-Tadd teaches that a plurality of different continuous threads may be wound in the same configuration in some embodiments.
Regarding claims 5, 12, 18 and 20, Corcoran-Tadd teaches that, in some embodiments, the bonding layer may include a perimeter portion defining all or a portion of perimeter portion 162 ([0080] and FIGS. 1A and 1B). The examiner notes that bonding layer perimeter portion 162 is shown in FIGS. 1A and 1B as having a saw tooth pattern. It would further have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have bonding layer perimeter portion in such as configuration in order to provide the perimeter of a shoe upper with a bonding layer and as a matter of design choice.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd et al. (US 2019/0307208 A1), as applied to claim 1 above, further in view of Popper et al. (US 6,323,145 B1).
Regarding claim 9, Corcoran-Tadd remains as applied above.
Corcoran-Tadd does not explicitly disclose wherein adjacent yarn strands of the plurality of yarn strands are spaced apart from each other by a distance of between one and 10 times an average diameter of the yarn strands.
However, Popper teaches a flexible penetration resistant stabilized composite, that includes an interlaced yarn structure of yarns (Abstract). With respect to FIGS. 1A-E, Popper teaches that yarns 30 and 32 are spaced apart a cell distance, or space, 33 which may be about 3-20 yarn diameters (preferably 4-16, and most preferably 4-8); about four diameters are shown here to provide 4 positions for yarns to be laid down spaced from, or offset from, the other yarns in that direction (col. 5, lines 4-11).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the yarns of Corcoran-Tadd with a spacing of about 3-20 time the diameter of the yarns in order to obtain multi-layer fabrics that can resist penetration when used in articles such as boots (col. 11, lines 6-12).
Regarding claim 11, Popper teaches that, overall, it has been discovered that a bonding fraction within the range of from about 0.003 to 0.778 is preferred (col. 16, lines 36-40). A bonding fraction within a range of about 0.008 to 0.520 is most preferred, or, that is, about 1% to 50% of the available crossings bonded or otherwise connected (col. 16, lines 36-40).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran-Tadd et al. (US 2019/0307208 A1), as applied to claim 1 above, further in view of Chen (CN1657688A, see attachment).
Regarding claim 10, Corcoran-Tadd remains as applied above.
Corcoran-Tadd does not explicitly disclose wherein the bonding material has a material elasticity of between 5% and 400% and a Shore A hardness of between 10A and 70A.
However, Chen teaches an aqueous aromatic polyurethane film layer that is used as an adhesive (Abstract). When said adhesion coating is aqueous aromatic polyurethane membranous layer, laminated dry film property of membrane of this aqueous aromatic polyurethane includes: The tensile strength is in 100-600Kg/cm2, 100% moduli are in 10-70Kg/cm2, maximum elongation percentage is 300-900%, and the hardness is 30 (Shore A)-98 (Shore A) (page 18, lines 35-39).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the polyurethane bonding layer of Corcoran-Tadd with a maximum elongation percentage of 300-900% and a hardness of 30 (Shore A)-98 (Shore A) in order to provide the shoe with an adhesive suitable for use in the shoe industry (Chen, see page 6, lines 28-34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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