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 without traverse of Species 1 (Figures 1A-2), Species A (Figure 3), and Species i (Figure 4A) in the reply filed on 12/22/2025 is acknowledged.
Claims 1-34 are pending and presented for examination on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it uses phrases which can be implied (“Aspects herein are directed to, among other things” in line 1). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9, 11-13, 15-19, 21-23, 25-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meir (US 2016/0090670) in view of Podhajny (US 2015/0075031).
Regarding claim 1, Meir discloses: A knitted component (100), comprising: a plurality of raised tubular structures (126), each having a first knit layer (416), a second knit layer (418), and a pocket (112) between the first knit layer and the second knit layer (“a hollow tube 112 may be a generally unsecured area disposed between first curved portion 416 and second curved portion 418 of tubular rib structure that has the configuration of a tunnel or channel” paragraph 75); a tensile element (600) extending through the pocket of each of the plurality of raised tubular structures (“tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91).
Meir does not explicitly disclose: wherein the first knit layer of each of the plurality of raised tubular structures comprises a transparent portion, the tensile element in the pocket being visible through the transparent portion of the first knit layer.
However, Podhajny teaches a knitted component for an article of footwear, wherein a first knit layer of the knitted component comprises a transparent portion (160; “monofilament areas 160 on upper 120 may be transparent […] a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51; Examiner notes that a strand of that same diameter is recited in paragraph 27 of the instant specification as suitable for a transparent/monofilament portion), and a tensile element (832) located beneath the first knit layer being visible through the transparent portion of the first knit layer (“in embodiments where inlaid tensile element 832 extends through portions of knitted component 830 that include monofilament areas 860, inlaid tensile element 832 may be located between exterior surface 81 and interior surface 822 of upper 820 […] portions of inlaid tensile element 832 may be visible through one or both of surfaces” paragraph 99; “inlaid tensile element 832 may be hidden from view on exterior surface 821 of knitted component 830 outside of monofilament areas 860” paragraph 103).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first knit layer of Meir with a transparent/monofilament area surrounded by non-transparent/multifilament areas, as taught by Podhajny, in order to “[allow] air to easily pass through [the upper]” therefore “providing ventilation to [the article] (Podhajny, paragraph 52) and to reduce the weight of the upper (Podhajny, paragraph 53), both of which would increase comfort for the user by making the shoe lighter and more breathable. See annotated figure 24 and 26 of Meir annotated below showing the transparent/monofilament area of Podhajny (as depicted in figure 3 and 2 of Podhajny) overlaid onto the shoe of Meir, noting that the transparent/monofilament area 160 as added to the shoe of Meir would wrap continuously around the upper as shown in figure 4 of Podhajny) and the other areas outside of the dotted lines would be non-transparent/multifilament areas.
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Regarding claim 2, Meir as modified discloses: The knitted component of claim 1, wherein the transparent portion on each raised tubular structure is positioned between two non-transparent portions, each extending along a same plane on each raised tubular structure as the transparent portion (see annotated figure 24 of Meir annotated below, showing the location of the transparent/non-transparent portions on an exemplary raised tubular structure as modified).
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Regarding claim 3, Meir as modified discloses: The knitted component of any of claim 2, wherein the transparent portion comprises a plurality of courses knit only with one or more monofilament yarns (Podhajny, “a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51) and the two non-transparent portions each comprise a multifilament yarn (Podhajny, “first type of yarn 700 transitions from a natural or synthetic twisted fiber yarn to monofilament strand 701 at one or more boundary zones associated with each of monofilament areas 160” paragraph 57).
Regarding claim 4, Meir as modified discloses: The knitted component of claim 1, wherein the transparent portion on each raised tubular structure is positioned along a top of each raised tubular structure and is positioned between a first non-transparent portion extending along a first side of each raised tubular structure and a second non-transparent portion extending along a second side of each raised tubular structure (see annotated figure 24 of Meir below showing the transparent portion and first and second non-transparent portions on Meir as modified; Examiner notes that the “first side” is considered to correspond to a medial side, while a “second side” is considered to correspond to a lateral side).
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Regarding claim 5, Meir as modified discloses: The knitted component of claim 1, wherein the transparent portion comprises a plurality of courses knit only with one or more monofilament yarns (Podhajny, “a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51)
Regarding claim 6, Meir as modified discloses types of yarn that can be used for the knitted component (see paragraph 100 and 104 of Meir), but does not explicitly disclose: The knitted component of claim 5, wherein the second knit layer comprises a multifilament yarn.
However, Podhajny further teaches: wherein the second knit layer comprises multifilament yarns (“the first knit layer form of monofilament strand associated with exterior surface 821 and the second knit layer formed of natural or synthetic twisted fiber yarn associated with interior surface 822” paragraph 99).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the second knit layer of Meir with multifilament yarns, as taught by Podhajny, in order to provide “a smooth and soft interior surface for a foot of a wearer” and “protection to the foot from sharp edges or bent portions of the first knit layer formed of the monofilament strand” (Podhajny, paragraph 83).
Regarding claim 7, Meir as modified discloses: The knitted component of claim 5, wherein the first knit layer includes a first multifilament portion and a second multifilament portion (see annotated figure 24 of Meir provided with the 35 USC 103 rejection of claim 2 above, Examiner notes that the “non-transparent portions” identified there are multifilament portions, see 35 USC 103 rejection of claim 1 above), each having at least one or more multifilament yarns (Podhajny, “first type of yarn 700 transitions from a natural or synthetic twisted fiber yarn to monofilament strand 701 at one or more boundary zones associated with each of monofilament areas 160” paragraph 57), wherein the tensile element is not visible through the first and second multifilament portions (Podhajny, “inlaid tensile element 832 may be hidden from view on exterior surface 821 of knitted component 830 outside of monofilament areas 860” paragraph 103).
Regarding claim 8, Meir as modified discloses: The knitted component of claim 1, wherein the first knit layer forms an exterior surface of the knitted component (Meir, “first curved portion 416 can comprise a portion of front surface 108 of knitted component” paragraph 72).
Regarding claim 9, Meir as modified discloses: The knitted component of claim 1, wherein the tensile element is inlaid through the pocket without interlooping with the first knit layer and the second knit layer (Meir, “tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91; see figures 6 and 7).
Regarding claim 11, Meir as modified discloses: The knitted component of claim 1, wherein the first knit layer of each of the plurality of raised tubular structures comprises a non-transparent portion through which the tensile element is not visible (see annotated figure 24 of Meir provided with the 35 USC 103 rejection of claim 2 above showing non-transparent portion as modified; Podhajny, “inlaid tensile element 832 may be hidden from view on exterior surface 821 of knitted component 830 outside of monofilament areas 860” paragraph 103), wherein the non-transparent portion on one raised tubular structure within the plurality of raised tubular structures is aligned with non-transparent portions on adjacent raised tubular structures (see annotated figure 24 of Meir below showing non-transparent portions on adjacent tubular structures as modified).
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Regarding claim 12, Meir as modified discloses: The knitted component of claim 11, wherein the transparent portion is a first transparent portion, each of the plurality of raised tubular structures having a second transparent portion, where the non-transparent portion separates the first and second transparent portions (see annotated figures 24 and 26 of Meir below showing the opposite side of the shoe as modified (noting the modification added all of the monofilament areas 160 of Podhajny to the shoe of Meir), and how because the raised tubular structures extend around the shoe, they intersect the transparent/monofilament area again on the opposite side of the shoe as well, constituting a first and second transparent/monofilament portion separated by a non-transparent/multifilament portion).
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Regarding claim 13, Meir as modified discloses: An article of footwear comprising an upper (Meir, 2000) formed at least partially from the knitted component of claim 1 (Meir, “a knitted component can be used to form various components or elements for an article of footwear. An embodiment of an upper 2000 for an article of footwear is illustrated in FIG. 20. Upper 2000 comprises a knitted component 2002, which can include one or more features of the knitted component of FIGS. 1-8” paragraph 140; see 35 USC 103 rejection of claim 1 above).
Regarding claim 15, Meir discloses: A knitted component (100), comprising: a plurality of raised tubular structures (126), each having a first knit layer (416), a second knit layer (418), and a pocket (112) between the first knit layer and the second knit layer (“a hollow tube 112 may be a generally unsecured area disposed between first curved portion 416 and second curved portion 418 of tubular rib structure that has the configuration of a tunnel or channel” paragraph 75); a tensile element (600) extending through the pocket of each of the plurality of raised tubular structures (“tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91).
Meir does not explicitly disclose: wherein the first knit layer of each of the plurality of raised tubular structures comprises a monofilament portion formed of a plurality of courses knit only with one or more monofilament yarns, the tensile element in the pocket being visible through the monofilament portion of the first knit layer.
However, Podhajny teaches a knitted component for an article of footwear, wherein a first knit layer of the knitted component comprises a monofilament portion formed of a plurality of courses knit only with one or more monofilament yarns (160; “monofilament areas 160 on upper 120 may be transparent […] a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51; Examiner notes that a strand of that same diameter is recited in paragraph 27 of the instant specification as suitable for a transparent/monofilament portion), and a tensile element (832) located beneath the first knit layer being visible through the monofilament portion of the first knit layer (“in embodiments where inlaid tensile element 832 extends through portions of knitted component 830 that include monofilament areas 860, inlaid tensile element 832 may be located between exterior surface 81 and interior surface 822 of upper 820 […] portions of inlaid tensile element 832 may be visible through one or both of surfaces” paragraph 99; “inlaid tensile element 832 may be hidden from view on exterior surface 821 of knitted component 830 outside of monofilament areas 860” paragraph 103).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first knit layer of Meir with a transparent/monofilament area surrounded by non-transparent/multifilament areas, as taught by Podhajny, in order to “[allow] air to easily pass through [the upper]” therefore “providing ventilation to [the article] (Podhajny, paragraph 52) and to reduce the weight of the upper (Podhajny, paragraph 53), both of which would increase comfort for the user by making the shoe lighter and more breathable. See annotated figure 24 and 26 of Meir annotated with the 35 USC 103 rejection of claim 1 above showing the transparent/monofilament area of Podhajny (as depicted in figure 3 and 2 of Podhajny) overlaid onto the shoe of Meir, noting that the transparent/monofilament area 160 as added to the shoe of Meir would wrap continuously around the upper as shown in figure 4 of Podhajny) and the other areas outside of the dotted lines would be non-transparent/multifilament areas.
Regarding claim 16, Meir as modified discloses: The knitted component of claim 15, wherein the first knit layer forms an exterior surface of the knitted component (Meir, “first curved portion 416 can comprise a portion of front surface 108 of knitted component” paragraph 72).
Regarding claim 17, Meir as modified discloses: The knitted component of claim 15, wherein the first knit layer includes a first multifilament portion and a second multifilament portion (see annotated figure 24 of Meir provided with the 35 USC 103 rejection of claim 2 above, Examiner notes that the “non-transparent portions” identified there are multifilament portions, see 35 USC 103 rejection of claim 1 above), each having at least one or more multifilament yarns (Podhajny, “first type of yarn 700 transitions from a natural or synthetic twisted fiber yarn to monofilament strand 701 at one or more boundary zones associated with each of monofilament areas 160” paragraph 57) wherein the monofilament portion is positioned between the first and second multifilament portions (see annotated figure 24 of Meir provided with the 35 USC 103 rejection of claim 2 above; the “transparent portion” is a monofilament portion).
Regarding claim 18, Meir as modified discloses types of yarn that can be used for the knitted component (see paragraph 100 and 104 of Meir), but does not explicitly disclose: The knitted component of claim 15, wherein the second knit layer comprises a multifilament yarn.
However, Podhajny further teaches: wherein the second knit layer comprises multifilament yarns (“the first knit layer form of monofilament strand associated with exterior surface 821 and the second knit layer formed of natural or synthetic twisted fiber yarn associated with interior surface 822” paragraph 99).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the second knit layer of Meir with multifilament yarns, as taught by Podhajny, in order to provide “a smooth and soft interior surface for a foot of a wearer” and “protection to the foot from sharp edges or bent portions of the first knit layer formed of the monofilament strand” (Podhajny, paragraph 83).
Regarding claim 19, Meir as modified discloses: The knitted component of claim 15, wherein the tensile element is inlaid through the pocket without interlooping with the first knit layer and the second knit layer (Meir, “tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91; see figures 6 and 7).
Regarding claim 21, Meir as modified discloses: The knitted component of claim 15, wherein the first knit layer of each of the plurality of raised tubular structures comprises a multifilament portion (see annotated figure 24 of Meir provided with the 35 USC 103 rejection of claim 2 above showing multifilament (non-transparent) portion as modified) knit with a multifilament yarn (Podhajny, “first type of yarn 700 transitions from a natural or synthetic twisted fiber yarn to monofilament strand 701 at one or more boundary zones associated with each of monofilament areas 160” paragraph 57), the multifilament portion on a raised tubular structure within the plurality of raised tubular structures being aligned with multifilament portions on adjacent raised tubular structures (see annotated figure 24 of Meir provided with the 35 USC 103 rejection of claim 11 above showing multifilament (non-transparent) portions on adjacent tubular structures as modified).
Regarding claim 22, Meir as modified discloses: The knitted component of claim 21, wherein the monofilament portion is a first monofilament portion, each of the plurality of raised tubular structures having a second monofilament portion, where the multifilament portion separates the first and second monofilament portions (see annotated figures 24 and 26 of Meir provided with the 35 USC 103 rejection of claim 12 above showing the opposite side of the shoe as modified (noting the modification added all of the monofilament areas 160 of Podhajny to the shoe of Meir), and how because the raised tubular structures extend around the shoe, they intersect the transparent/monofilament area again on the opposite side of the shoe as well, constituting a first and second transparent/monofilament portion separated by a non-transparent/multifilament portion).
Regarding claim 23, Meir as modified discloses: An article of footwear comprising an upper (2000) formed at least partially from the knitted component of claim 15 (“a knitted component can be used to form various components or elements for an article of footwear. An embodiment of an upper 2000 for an article of footwear is illustrated in FIG. 20. Upper 2000 comprises a knitted component 2002, which can include one or more features of the knitted component of FIGS. 1-8” paragraph 140; see 35 USC 103 rejection of claim 15 above).
Regarding claim 25, Meir discloses: A knitted component (100), comprising: a plurality of raised tubular structures (126), each having a first knit layer (416), a second knit layer (418), and a pocket (112) between the first knit layer and the second knit layer (“a hollow tube 112 may be a generally unsecured area disposed between first curved portion 416 and second curved portion 418 of tubular rib structure that has the configuration of a tunnel or channel” paragraph 75);
Meir does not explicitly disclose: wherein the first knit layer of each of the plurality of raised tubular structures comprises a monofilament portion comprising a plurality of courses knit only with one or more monofilaments; and wherein the second knit layer of each of the plurality of raised tubular structures is knit only with one or more multifilament yarns.
However, Podhajny teaches a knitted component for an article of footwear, wherein a first knit layer of the knitted component comprises a monofilament portion formed of a plurality of courses knit only with one or more monofilament yarns (160; “monofilament areas 160 on upper 120 may be transparent […] a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51; Examiner notes that a strand of that same diameter is recited in paragraph 27 of the instant specification as suitable for a transparent/monofilament portion), and wherein the second knit layer is knit only with one or more multifilament yarns (“the first knit layer form of monofilament strand associated with exterior surface 821 and the second knit layer formed of natural or synthetic twisted fiber yarn associated with interior surface 822” paragraph 99).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first knit layer of Meir with a transparent/monofilament area surrounded by non-transparent/multifilament areas and the second knit layer of Meir with only multifilament yarns, as taught by Podhajny, in order to “[allow] air to easily pass through [the upper]” therefore “providing ventilation to [the article] (Podhajny, paragraph 52) and to reduce the weight of the upper (Podhajny, paragraph 53), both of which would increase comfort for the user by making the shoe lighter and more breathable, while also providing “a smooth and soft interior surface for a foot of a wearer” and “protection to the foot from sharp edges or bent portions of the first knit layer formed of the monofilament strand” (Podhajny, paragraph 83). See annotated figure 24 and 26 of Meir annotated with the 35 USC 103 rejection of claim 1 above showing the transparent/monofilament area of Podhajny (as depicted in figure 3 and 2 of Podhajny) overlaid onto the shoe of Meir, noting that the transparent/monofilament area 160 as added to the shoe of Meir would wrap continuously around the upper as shown in figure 4 of Podhajny) and the other areas outside of the dotted lines would be non-transparent/multifilament areas.
Regarding claim 26, Meir as modified discloses: The knitted component of claim 25, wherein the one or more multifilament yarns of the second knit layer include a polyester yarn (Meir, “any of the materials for the yarn within a knitted component, including, but not limited to: cotton, elastane, polyester, rayon, wool, nylon, and other suitable materials” paragraph 95).
Regarding claim 27, Meir as modified discloses: The knitted component of claim 25, further comprising a tensile element (Meir, 600) extending within the pocket between the first knit layer and the second knit layer (Meir, “tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91).
Regarding claim 28, Meir as modified discloses: An article of footwear comprising an upper (Meir, 2000) formed at least partially from the knitted component of claim 25 (Meir, “a knitted component can be used to form various components or elements for an article of footwear. An embodiment of an upper 2000 for an article of footwear is illustrated in FIG. 20. Upper 2000 comprises a knitted component 2002, which can include one or more features of the knitted component of FIGS. 1-8” paragraph 140; see 35 USC 103 rejection of claim 25 above).
Claim(s) 10, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meir/Podhajny in view of Huffa (US 2012/0233882).
Regarding claim 10, The knitted component of claim 1, further comprising a plurality of knit base portions (Meir, 128) separating adjacent raised tubular structures within the plurality of raised tubular structures (Meir, “webbed areas 128 can extend between one tubular rib structure and another tubular rib structure” paragraph 55).
Meir as modified does not explicitly disclose: wherein each knit base portion of the plurality of knit base portions includes a plurality of integrally knit openings.
However, Huffa teaches a knitted component for an article of footwear wherein the knitted component (151) includes a plurality of integrally knit openings (“two 2x2 hybrid knit zones 168 are located in midfoot region 102 [..] 2x2 hybrid knit zones 168 form apertures having the size and configuration of 2x2 mesh knit zone 164” paragraph 72; see figures 9-11 and figure 12E showing the apertures being located on either side of an inlaid tensile strand 152) in areas between inlaid tensile strands (152).
Huffa teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the midfoot region of the knitted component of Meir with a 2x2 hybrid knit, as taught by Huffa, in order to “enhance the permeability of [the knitted component], which allows air to enter upper 120 and moisture to escape from upper 120” (Huffa, paragraph 67), which would create a ventilating and cooling effect for the user’s foot, increasing comfort. Examiner notes that this modification would add integrally knit openings to the knit base portions (i.e., the portions of the knitted component between the inlaid tensile strands) as claimed.
Regarding claim 20, Meir as modified discloses: The knitted component of claim 15, further comprising a plurality of knit base portions (Meir, 128) separating adjacent raised tubular structures within the plurality of raised tubular structures (Meir, “webbed areas 128 can extend between one tubular rib structure and another tubular rib structure” paragraph 55).
Meir as modified does not explicitly disclose: wherein each knit base portion of the plurality of knit base portions includes a plurality of integrally knit openings.
However, Huffa teaches a knitted component for an article of footwear wherein the knitted component (151) includes a plurality of integrally knit openings (“two 2x2 hybrid knit zones 168 are located in midfoot region 102 [..] 2x2 hybrid knit zones 168 form apertures having the size and configuration of 2x2 mesh knit zone 164” paragraph 72; see figures 9-11 and figure 12E showing the apertures being located on either side of an inlaid tensile strand 152) in areas between inlaid tensile strands (152).
Huffa teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the midfoot region of the knitted component of Meir with a 2x2 hybrid knit, as taught by Huffa, in order to “enhance the permeability of [the knitted component], which allows air to enter upper 120 and moisture to escape from upper 120” (Huffa, paragraph 67), which would create a ventilating and cooling effect for the user’s foot, increasing comfort. Examiner notes that this modification would add integrally knit openings to the knit base portions (i.e., the portions of the knitted component between the inlaid tensile strands) as claimed.
Claim(s) 30 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meir in view of Huffa.
Regarding claim 30, Meir discloses: A knitted component (100), comprising: a plurality of raised tubular structures (126), each having a first knit layer (416), a second knit layer (418), a pocket (112) between the first knit layer and the second knit layer (“a hollow tube 112 may be a generally unsecured area disposed between first curved portion 416 and second curved portion 418 of tubular rib structure that has the configuration of a tunnel or channel” paragraph 75); the first knit layer comprising a monofilament yarn (“knitted component 100 can include […] monofilaments” paragraph 100); and a plurality of knit base portions (128), each of the plurality of raised tubular structures being separated from adjacent raised tubular structures by a knit base portion within the plurality of knit base portions (“webbed areas 128 can extend between one tubular rib structure and another tubular rib structure” paragraph 55),
Meir as modified does not explicitly disclose: wherein each knit base portion of the plurality of knit base portions includes a plurality of integrally knit openings.
However, Huffa teaches a knitted component for an article of footwear wherein the knitted component (151) includes a plurality of integrally knit openings (“two 2x2 hybrid knit zones 168 are located in midfoot region 102 [..] 2x2 hybrid knit zones 168 form apertures having the size and configuration of 2x2 mesh knit zone 164” paragraph 72; see figures 9-11 and figure 12E showing the apertures being located on either side of an inlaid tensile strand 152) in areas between inlaid tensile strands (152).
Huffa teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the midfoot region of the knitted component of Meir with a 2x2 hybrid knit, as taught by Huffa, in order to “enhance the permeability of [the knitted component], which allows air to enter upper 120 and moisture to escape from upper 120” (Huffa, paragraph 67), which would create a ventilating and cooling effect for the user’s foot, increasing comfort. Examiner notes that this modification would add integrally knit openings to the knit base portions (i.e., the portions of the knitted component between the inlaid tensile strands) as claimed.
Regarding claim 34, Meir as modified discloses: An article of footwear comprising an upper (Meir, 2000) formed at least partially from the knitted component of claim 30 (Meir, “a knitted component can be used to form various components or elements for an article of footwear. An embodiment of an upper 2000 for an article of footwear is illustrated in FIG. 20. Upper 2000 comprises a knitted component 2002, which can include one or more features of the knitted component of FIGS. 1-8” paragraph 140; see 35 USC 103 rejection of claim 30 above).
Claim(s) 31 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meir/Huffa in view of Podhajny.
Regarding claim 31, Meir as modified does not explicitly disclose: The knitted component of claim 30, wherein the first knit layer includes one or more monofilament portions knit only with the monofilament yarn.
However, Podhajny teaches a knitted component for an article of footwear, wherein a first knit layer of the knitted component comprises a monofilament portion formed of a plurality of courses knit only with one or more monofilament yarns (160; “monofilament areas 160 on upper 120 may be transparent […] a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51; Examiner notes that a strand of that same diameter is recited in paragraph 27 of the instant specification as suitable for a transparent/monofilament portion).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first knit layer of Meir specifically with a transparent/monofilament area surrounded by non-transparent/multifilament areas, as taught by Podhajny, in order to “[allow] air to easily pass through [the upper]” therefore “providing ventilation to [the article] (Podhajny, paragraph 52) and to reduce the weight of the upper (Podhajny, paragraph 53), both of which would increase comfort for the user by making the shoe lighter and more breathable. See annotated figure 24 and 26 of Meir annotated with the 35 USC 103 rejection of claim 1 above showing the transparent/monofilament area of Podhajny (as depicted in figure 3 and 2 of Podhajny) overlaid onto the shoe of Meir, noting that the transparent/monofilament area 160 as added to the shoe of Meir would wrap continuously around the upper as shown in figure 4 of Podhajny) and the other areas outside of the dotted lines would be non-transparent/multifilament areas.
Regarding claim 33, Meir as modified does not explicitly disclose: The knitted component of claim 30, wherein each knit base portion of the plurality of knit base portions includes one or more courses of a monofilament yarn, the monofilament yarn of each knit base portion being either the same or different as the monofilament yarn of the first knit layer of the plurality of raised tubular structures.
However, Podhajny teaches a knitted component for an article of footwear, wherein a first knit layer of the knitted component comprises a monofilament portion formed of a plurality of courses knit with one or more monofilament yarns (160; “monofilament areas 160 on upper 120 may be transparent […] a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51; Examiner notes that a strand of that same diameter is recited in paragraph 27 of the instant specification as suitable for a transparent/monofilament portion).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first knit layer of Meir specifically with a transparent/monofilament area surrounded by non-transparent/multifilament areas, as taught by Podhajny, in order to “[allow] air to easily pass through [the upper]” therefore “providing ventilation to [the article] (Podhajny, paragraph 52) and to reduce the weight of the upper (Podhajny, paragraph 53), both of which would increase comfort for the user by making the shoe lighter and more breathable. See annotated figure 24 and 26 of Meir annotated with the 35 USC 103 rejection of claim 1 above showing the transparent/monofilament area of Podhajny (as depicted in figure 3 and 2 of Podhajny) overlaid onto the shoe of Meir, noting that the transparent/monofilament area 160 as added to the shoe of Meir would wrap continuously around the upper as shown in figure 4 of Podhajny) and the other areas outside of the dotted lines would be non-transparent/multifilament areas. Examiner further notes that by modifying the entire first knit layer to have the transparent/monofilament areas as shown in Podhajny, this includes the knit base portion (webbed areas 128) of Meir, therefore the knit base portion of Meir would also comprise courses of a monofilament yarn as modified.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meir/Huffa in view of Aceves Tinajero (US 2019/0037966).
Regarding claim 32, Meir as modified discloses “webbed areas 128 are formed of unitary knit construction with the remaining portions of knitted component 100” (paragraph 55), but does not explicitly disclose: The knitted component of claim 30, wherein the plurality of knit base portions each comprises two yarns knit alternatingly on a front side of the knitted component and a back side of the knitted component to create an interlocking knit structure.
However, Aceves Tinajero teaches a knitted component for an article of footwear with knit base portions that each comprise two yarns knit alternatingly on a front side of the knitted component and a back side of the knitted component to create and interlocking knit structure (“an interlayer knit stitch may may exist where at least one yarn of the first layer 224 may interloop with at least one yarn of the second layer 228, thereby preventing the first and second layers 224, 228 from separating at the location of the interloped yarns […] This connection may result directly from the knitting process. In other words, the connection may be continuous in that the yarns and/or strands of the first layer 224 and/or the second layer 228 are sufficient to join the two layers” (paragraph 50). See also figure 3 and detail view 294 showing the interlocking stitch being located beside an area where the two layers are separated.
Aceves Tinajero teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the knit base portions of Meir with an interlocking knit structure, as taught by Aceves Tinajero, in order to “advantageously save materials, cost, manufacturing time, and weight” because “no post-knitting steps are necessary to join the first layer 224 with the second layer 228 at the location of the interlayer knit stitches” (Meir, paragraph 50).
Claim(s) 1, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox (US 2019/0223540) in view of Meir.
Regarding claim 1, Cox discloses: A knitted component (10), comprising: a first knit layer (14), a second knit layer (18), and a pocket between the first knit layer and the second knit layer (the space between the layers may be considered a pocket); a tensile element extending through the pocket (“an inlaid first yarn may be placed in front of a first layer 14 and behind a second layer 18” and “inlaid yarn may have portions that are not interloped with other yarns of the knitted component” paragraph 25); and wherein the first knit layer comprises a transparent portion (“first layer 60 includes a first plurality of apertures 66” paragraph 31; apertures constitute transparent portions insofar as claimed because a person can see through them; see figure 5a and 5b), the tensile element in the pocket being visible through the transparent portion of the first knit layer (“at least an exposed portion of at least one course of high tenacity yarn (e.g., exposed portion 67 of course 63a) is exposed through each aperture of first plurality 66” paragraph 31; see figure 5a and 5b).
Cox does not explicitly disclose: a plurality of raised tubular structures.
However, Meir teaches a knitted component for an article of footwear comprising: : a plurality of raised tubular structures (126), each having a first knit layer (416), a second knit layer (418), and a pocket (112) between the first knit layer and the second knit layer (“a hollow tube 112 may be a generally unsecured area disposed between first curved portion 416 and second curved portion 418 of tubular rib structure that has the configuration of a tunnel or channel” paragraph 75); a tensile element (600) extending through the pocket of each of the plurality of raised tubular structures (“tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91).
Meir teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first and second knit layers of Cox with the raised tubular configuration as taught by Meir because “rib structures […] provide strength/and or support to knitted component” (Meir, paragraph 40) while the spaces between the ribs remain “flexible, elastic, and resilient” which will allow the knitted component to still “resiliently stretch, deform, compress, flex, or otherwise move between a first position and a second position” (Meir, paragraph 41), which advantageously combines strength and elasticity features to provide both comfort and support to the wearer while performing athletic activities.
Regarding claim 13, Cox as modified discloses: An article of footwear (Cox, 184) comprising an upper (Cox, 188) formed at least partially from the knitted component of claim 1 (Cox, “article of footwear 184 that includes an upper 188 joined with an optional sole structure 192, the upper 188 being at least partially formed with a knitted component 196 that is constructed as described above” paragraph 37; see 35 USC 103 rejection of claim 1 above).
Regarding claim 14, Cox as modified does not explicitly disclose: The article of footwear of claim 13, wherein the tensile element extends continuously from a biteline of the article of footwear on a lateral side of the upper, through a throat area of the upper, and to the biteline on a medial side of the upper (Cox, see figure 7A-7B showing the tensile elements in dotted lines; it can be seen from the figures that the tensile elements extend continuously from a biteline of the article of footwear on the lateral side through a throat area and to the biteline on the medial side; see annotated figure 7A below).
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Claim(s) 15, 23-25, 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of Meir and Podhajny.
Regarding claim 15, Cox discloses: A knitted component (10), comprising: a first knit layer (14), a second knit layer (18), and a pocket between the first knit layer and the second knit layer (the space between the layers may be considered a pocket as the inlaid tensile strand is secured between them; see paragraph 25); a tensile element extending through the pocket (“an inlaid first yarn may be placed in front of a first layer 14 and behind a second layer 18” and “inlaid yarn may have portions that are not interloped with other yarns of the knitted component” paragraph 25).
Cox does not explicitly disclose: a plurality of raised tubular structures.
However, Meir teaches a knitted component for an article of footwear comprising: : a plurality of raised tubular structures (126), each having a first knit layer (416), a second knit layer (418), and a pocket (112) between the first knit layer and the second knit layer (“a hollow tube 112 may be a generally unsecured area disposed between first curved portion 416 and second curved portion 418 of tubular rib structure that has the configuration of a tunnel or channel” paragraph 75); a tensile element (600) extending through the pocket of each of the plurality of raised tubular structures (“tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91).
Meir teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first and second knit layers of Cox with the raised tubular configuration as taught by Meir because “rib structures […] provide strength/and or support to knitted component” (Meir, paragraph 40) while the spaces between the ribs remain “flexible, elastic, and resilient” which will allow the knitted component to still “resiliently stretch, deform, compress, flex, or otherwise move between a first position and a second position” (Meir, paragraph 41), which advantageously combines strength and elasticity features to provide both comfort and support to the wearer while performing athletic activities.
Cox as modified does not explicitly disclose: and wherein the first knit layer of each of the plurality of raised tubular structures comprises a monofilament portion formed of a plurality of courses knit only with one or more monofilament yarns, the tensile element in the pocket being visible through the monofilament portion of the first knit layer.
However, Podhajny teaches a knitted component for an article of footwear, wherein a first knit layer of the knitted component comprises a monofilament portion formed of a plurality of courses knit only with one or more monofilament yarns (160; “monofilament areas 160 on upper 120 may be transparent […] a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51; Examiner notes that a strand of that same diameter is recited in paragraph 27 of the instant specification as suitable for a transparent/monofilament portion), and a tensile element (832) located beneath the first knit layer being visible through the monofilament portion of the first knit layer (“in embodiments where inlaid tensile element 832 extends through portions of knitted component 830 that include monofilament areas 860, inlaid tensile element 832 may be located between exterior surface 81 and interior surface 822 of upper 820 […] portions of inlaid tensile element 832 may be visible through one or both of surfaces” paragraph 99; “inlaid tensile element 832 may be hidden from view on exterior surface 821 of knitted component 830 outside of monofilament areas 860” paragraph 103).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first knit layer of Cox specifically with a transparent/monofilament area surrounded by non-transparent/multifilament areas, as taught by Podhajny, in order to “[allow] air to easily pass through [the upper]” therefore “providing ventilation to [the article] (Podhajny, paragraph 52) and to reduce the weight of the upper (Podhajny, paragraph 53), both of which would increase comfort for the user by making the shoe lighter and more breathable.
Regarding claim 23, Cox as modified discloses: An article of footwear (Cox, 184) comprising an upper (Cox, 188) formed at least partially from the knitted component of claim 15 (Cox, “article of footwear 184 that includes an upper 188 joined with an optional sole structure 192, the upper 188 being at least partially formed with a knitted component 196 that is constructed as described above” paragraph 37; see 35 USC 103 rejection of claim 15 above).
Regarding claim 24, Cox as modified discloses: The article of footwear of claim 23, wherein the tensile element extends continuously from a biteline of the article of footwear on a lateral side of the upper, through a throat area of the upper, and to the biteline on a medial side of the upper (Cox, see figure 7A-7B showing the tensile elements in dotted lines; it can be seen from the figures that the tensile elements extend continuously from a biteline of the article of footwear on the lateral side through a throat area and to the biteline on the medial side; see annotated figure 7A provided with the 35 USC 103 rejection of claim 14 above).
Regarding claim 25, Cox discloses: A knitted component (10), comprising: a plurality of raised tubular structures, each having a first knit layer (14), a second knit layer (18), and a pocket between the first knit layer and the second knit layer (the space between the layers may be considered a pocket, as the inlaid tensile strand is secured between them; see paragraph 25).
Cox does not explicitly disclose: a plurality of raised tubular structures.
However, Meir teaches a knitted component for an article of footwear comprising: : a plurality of raised tubular structures (126), each having a first knit layer (416), a second knit layer (418), and a pocket (112) between the first knit layer and the second knit layer (“a hollow tube 112 may be a generally unsecured area disposed between first curved portion 416 and second curved portion 418 of tubular rib structure that has the configuration of a tunnel or channel” paragraph 75); a tensile element (600) extending through the pocket of each of the plurality of raised tubular structures (“tensile elements 600 may lie within the tunnels formed by first curved portion 416 and second curved portion 418 of tubular rib structures” paragraph 91).
Meir teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first and second knit layers of Cox with the raised tubular configuration as taught by Meir because “rib structures […] provide strength/and or support to knitted component” (Meir, paragraph 40) while the spaces between the ribs remain “flexible, elastic, and resilient” which will allow the knitted component to still “resiliently stretch, deform, compress, flex, or otherwise move between a first position and a second position” (Meir, paragraph 41), which advantageously combines strength and elasticity features to provide both comfort and support to the wearer while performing athletic activities.
Cox as modified does not explicitly disclose: wherein the first knit layer of each of the plurality of raised tubular structures comprises a monofilament portion comprising a plurality of courses knit only with one or more monofilaments; and wherein the second knit layer of each of the plurality of raised tubular structures is knit only with one or more multifilament yarns.
However, Podhajny teaches a knitted component for an article of footwear, wherein a first knit layer of the knitted component comprises a monofilament portion formed of a plurality of courses knit only with one or more monofilament yarns (160; “monofilament areas 160 on upper 120 may be transparent […] a single monofilament strand having a diameter of approximately 0.114 mm may be used for forming monofilament areas 160” paragraph 51; Examiner notes that a strand of that same diameter is recited in paragraph 27 of the instant specification as suitable for a transparent/monofilament portion), and wherein the second knit layer is knit only with one or more multifilament yarns (“the first knit layer form of monofilament strand associated with exterior surface 821 and the second knit layer formed of natural or synthetic twisted fiber yarn associated with interior surface 822” paragraph 99).
Podhajny teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the first knit layer of Cox with a transparent/monofilament area surrounded by non-transparent/multifilament areas and the second knit layer of Cox with only multifilament yarns, as taught by Podhajny, in order to “[allow] air to easily pass through [the upper]” therefore “providing ventilation to [the article] (Podhajny, paragraph 52) and to reduce the weight of the upper (Podhajny, paragraph 53), both of which would increase comfort for the user by making the shoe lighter and more breathable, while also providing “a smooth and soft interior surface for a foot of a wearer” and “protection to the foot from sharp edges or bent portions of the first knit layer formed of the monofilament strand” (Podhajny, paragraph 83).
Regarding claim 28, Cox as modified discloses: An article of footwear (Cox, 184) comprising an upper (Cox, 188) formed at least partially from the knitted component of claim 25 (Cox, “article of footwear 184 that includes an upper 188 joined with an optional sole structure 192, the upper 188 being at least partially formed with a knitted component 196 that is constructed as described above” paragraph 37; see 35 USC 103 rejection of claim 25 above).
Regarding claim 29, Cox as modified discloses: The article of footwear of claim 28, wherein each raised tubular structure within the plurality of raised tubular structures extends continuously from a biteline of the article of footwear on a lateral side of the upper, through a throat area of the upper, and to the biteline on a medial side of the upper (Cox, see figure 7A-7B showing the tensile elements in dotted lines; it can be seen from the figures that the tensile elements extend continuously from a biteline of the article of footwear on the lateral side through a throat area and to the biteline on the medial side; see annotated figure 7A provided with the 35 USC 103 rejection of claim 14 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Brown (US 2023/0126432), Panian (US 2016/0058099), Bell (US 2014/0352179), Podhajny (US 2015/0216254), Dealey (US 2016/0058100), Oordt (US 2020/0022457) all teach relevant knitted components for footwear.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIANNA T DUCKWORTH whose telephone number is (571)272-1458. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/BRIANNA T. DUCKWORTH/Examiner, Art Unit 3732
/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732