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 traverse of Species XIII and claims 1-2,5-8,11-19, in the reply filed on 12/26/25 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)).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 5, 7-8, 11-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vasilev et al. (2022/0211140—hereinafter, Vasilev).
Regarding claim 1, Vasilev discloses an article of footwear (fig.2/6), comprising: an upper (204); a sole structure (102) coupled to the upper (fig.2); at least one receiver (108) integrated into an exterior surface of the upper; and a removable shield (104) configured to selectively attach to the at least one receiver, the removable shield having an outward-facing ornamental exterior surface (112, fig.3A,4) when attached to the at least one receiver.
Regarding claim 2, Vasilve discloses wherein the at least one receiver comprises a slot (fig.2 shows two vertical slots 108/106), and the removable shield comprises a tab configured to engage with the slot in a press-fit engagement (fig.8 shows the element inserting into the adjustable heel unit 106, par [0020]).
Regarding claim 5, Vasilve discloses the article of footwear of claim 1, wherein the at least one receiver is positioned on at least one of a tongue (fig.8), a heel counter, a sidewall, a vamp, or adjacent to lace eyelets of the upper.
Regarding claims 7-8, Vasilev discloses the article of footwear of claim 1, wherein the visible exterior surface of the removable shield is contoured to match a corresponding portion of the upper (fig.8); wherein the removable shield comprises a textured or patterned surface for aesthetic customization (fig.8).
Regarding claim 11, Vasilev discloses an article of footwear (fig.8), comprising: an upper (200/204); a sole structure (102) coupled to the upper; at least one receiver (106,206,108, fig.2) integrated into an exterior surface of the upper; a removable shield (104) configured to selectively attach to the at least one receiver (fig.1,3A-3C, 8), the removable shield comprising: an exterior surface (fig.1,3A-3C,4,8); an electronic display (112, par [0022]) integrated into the exterior surface; a memory module storing display data; a communication system configured to receive signals from an external device; a processor disposed within the article of footwear and operatively connected to the removable shield when attached, the processor configured to process the display data and control the electronic display based on the signals received from the external device (par [0026, 0019]).
Regarding claims 12-19, Vasilev discloses the article of footwear of claim 11, wherein the electronic display comprises an electronic ink display or an organic light-emitting diode (OLED) display (112, par [0022]); wherein the communication system comprises a wireless (par [0026]) communication protocol selected from the group consisting of Bluetooth Low Energy (BLE) and Near Field Communication (NFC); wherein the removable shield comprises an inductively charged power supply (par [0026, 0019]); wherein the external device is a smartphone configured to transmit visual content to be displayed on the electronic display (fig.10); wherein the removable shield comprises a sensor configured to detect movement of the foot, and the electronic display is configured to alter the displayed content based on detected movement (par [0045]); wherein the communication system is configured to allow the removable shield to display content associated with a non-fungible token (fig.10); wherein the processor is configured to modify the display content based on parameters stored in the memory module of the removable shield (fjig.10, par [0035]); wherein the at least one receiver includes electrical contacts configured to engage with corresponding electrical contacts on the removable shield (par [0026, 0047]).
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 (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 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Vasilev et al. (2022/0211140—hereinafter, Vasilev) in view of Gantz et al. (11612208—hereinafter, Gantz).
Regarding claim 6, Vasilev does not disclose wherein the removable shield comprises a semi-rigid thermoplastic material selected from the group consisting of acrylonitrile butadiene styrene (ABS), polycarbonate (PC), and polyamide 6 (PA6). However, Gantz teaches another similar footwear article fig.1 shows the footwear having a sole attached to the upper. Fig.2B shows an optical element 300 is made of as the claimed invention, such as FIG. 2B is a cross-section illustration of a substantially flat (or substantially three dimensional flat planar surface) or flat (or three dimensional flat planar surface) optical element 300. The optical element 300 includes one or more constituent layers 340 are disposed on the flat or three dimensional flat planar surface structure 320 and then a reflective layer 330 and one or more constituent layers 345 are disposed on the preceding layers. The material that makes up the constituent layers and the reflective layer, number of layers of the constituent layer, the reflective layer, the thickness of each of the layers, refractive index of each layer, and the like, can produce an optical element which results in a particular structural color. Additional details are provided regarding the polymeric materials referenced herein for example, the polymers described in reference to the article, components of the article, structures, layers, films, bladders, foams, primer layer, coating, and like the. The polymeric material includes at least one polymer. The polymer can be a thermoset polymer or a thermoplastic polymer. The polymer can be an elastomeric polymer, including an elastomeric thermoset polymer or an elastomeric thermoplastic polymer. The polymer can be selected from: polyurethanes (including elastomeric polyurethanes, thermoplastic polyurethanes (TPUs), and elastomeric TPUs), polyesters, polyethers, polyamides, vinyl polymers (e.g., copolymers of vinyl alcohol, vinyl esters, ethylene, acrylates, methacrylates, styrene, and so on), polyacrylonitriles, polyphenylene ethers, polycarbonates, polyureas, polystyrenes, co-polymers thereof (including polyester-polyurethanes, polyether-polyurethanes, polycarbonate-polyurethanes, polyether block polyamides (PEBAs), and styrene block copolymers), and any combination thereof, as described herein. The polymer can include one or more polymers selected from the group consisting of polyesters, polyethers, polyamides, polyurethanes, polyolefins copolymers of each, and combinations thereof (col.51, lines 45-col.52, lines 13). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide a semi-rigid thermoplastic material selected from the group consisting of acrylonitrile butadiene styrene (ABS) for Vasilev as taught by Gantz in order to provide better reflection of the image. (see col.24, lines 1-3 of Gantz).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Timothy K Trieu/Primary Examiner, Art Unit 3732