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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/20/2026 has been entered.
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.
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.
Claims 15-34 are rejected under 35 U.S.C. 103 as being unpatentable over Greene (US 2013/0019500) in view Liles (USPN 9,192,204).
Regarding Claim 15, Greene discloses an upper (Figures 16 & 17) for an article of footwear (Figures 1-3), comprising: an engineered textile (Figure 17) including a first section having an exterior side facing towards an exterior of the upper (top of 1320) and a first section interior side (bottom of 1320) opposite the first section exterior side, a second section having an exterior side facing towards an exterior of the upper (bottom of 1010) and a second section interior side (top of 1010) opposite the second section exterior side, and an inner section (1159) disposed beneath the first section interior side and the second section interior side, the inner section including an inner section including an inner section exterior side (top of 1159) facing towards the exterior of the upper and an inner section interior side (bottom of 1159) opposite the inner section exterior side; wherein the inner section exterior side contacts the second section interior side along a Z-axis the extends through a thickness of the engineered textile, wherein the first section, the second section, and the inner section are connected to each other (Figures 16-21); and wherein the inner section comprises a plurality of curving portions (1st & 2nd, see annotated Figure 16 below) arranged adjacent to each other and spaced apart from each other by one or more gaps (gap, see annotated Figure 16 below). Greene does not specifically disclose the first section, the second section, and the inner section are connected to each other by knitting or weaving. However, Liles discloses multiple layers (Figure 8) connected to each other by knitting (Col. 8, lines 39-67). It would have been obvious to one of ordinary skill in the art to connected the section by knitting, as taught by Liles, to the upper of Greene, in order to provide seamless production without additional manufacturing steps.
Regarding Claim 16, the combination of Greene and Liles disclose the plurality of curving portions are arranged in a nested configuration (nested, see annotated Figure 16 below) with a first curving portion spaced apart from a second curving portion by the gap (gap, see annotated Figure 16 below).
Regarding Claim 17, the combination of Greene and Liles disclose the plurality of curving portions include a closed loop (Figures 16-21).
Regarding Claim 18, the combination of Greene and Liles disclose the plurality of curved portions includes curved portion with a central opening (opening, see annotated Figure 16 below).
Regarding Claim 19, the combination of Green and Liles disclose the engineered textile includes a plurality of ridges (Figures 18 & 19), and each ridge of the plurality of ridges is separated from each adjacent ridge by a depression where the foam is absent (Figures 18 & 19).
Regarding Claim 20, the combination of Green and Liles disclose a plurality of ridges (Figures 18 & 19), and the plurality of ridges include molded ridges (Figures 18 & 19).
Regarding Claim 21, Greene discloses an upper (Figures 16 & 17) for an article of footwear (Figures 1-3), comprising: a single textile component (Figure 17, once assembled the upper is a single textile component), comprising multiple sections connected to each other (Figure 16-21), the multiple sections including: an inner section (1010) having an interior side (bottom of 1010) configured to face toward an interior of the upper and an inner section exterior side (top of 1010) opposite the interior side; an outer section (1320) having an exterior side (top of 1320) configured to face toward an exterior of the upper and an outer section interior side (bottom of 1320) opposite the exterior side; an intermediate section (1159) disposed between and attached to the inner section second exterior side and the outer section second interior side, the intermediate section including a plurality of curving portions (1st, & 2nd, see annotated Figure 16 below). Greene does not specifically disclose the first section, the second section, and the inner section are connected to each other by knitting or weaving arrangement. However, Liles discloses multiple layers (Figure 8) connected to each other by knitting (Col. 8, lines 39-67). It would have been obvious to one of ordinary skill in the art to connected the section by knitting, as taught by Liles, to the upper of Greene, in order to provide seamless production without additional manufacturing steps. The combination of Greene and Liles disclose airflow features (space and gaps between yarns in a knitting or weaving construction) configured to provide ventilation to a foot of a wearer of the upper by allowing air to move or flow between the interior side of the upper and the exterior side of the upper (such spaces and gaps are capable of providing ventilation), wherein the airflow features include empty spaces (gap & opening, see annotated Figure 16 below), the empty spaces interrupt the intermediate section to form areas between the inner section exterior side and the outer section interior side in which the intermediate section is absent (Figure 16), and the empty spaces include a plurality of gaps separating the plurality of curving portions (Figure 16).
Regarding Claim 22, the combination of Greene and Liles disclose a first curving portion (1st, see annotated Figure 16 below) is spaced apart from remaining curved portions of the plurality of curved portions by a first gap (gap, see annotated Figure 16 below).
Regarding Claim 23, the combination of Greene and Liles disclose the first gap extends along a first side of the first curving portion (see annotated Figure 16 below).
Regarding Claim 24, the combination of Greene and Liles disclose a second curving portion (L2 or 2nd, see annotated Figure 16 below) is spaced apart from the first curving portion by a second gap (gap, other side, see annotated Figure 16 below).
Regarding Claim 25, the combination of Greene and Liles disclose the second gap extends along a second side of the first curving portion (see annotated Figure 16 below).
Regarding Claim 26, the combination of Greene and Liles disclose the inner section and the outer section extend continuously over the plurality of curving portions and the plurality of gaps (Figures 16 & 17).
Regarding Claim 27, the combination of Greene and Liles disclose at least a portion of the second curving portion is nested within the first curving portion (within/nested, see annotated Figure 16 below).
Regarding Claim 28, the combination of Greene and Liles disclose the second curving portion is a closed loop (see annotated Figure 16 below).
Regarding Claim 29, the combination of Greene and Liles disclose the plurality of curved portions includes a medial curved portion disposed in a portion of the single textile component forming a medial side of the upper (Figure 16), or includes a lateral curved portion disposed in a portion of the single textile component forming a lateral side of the upper (Figure 16), or includes both the medial curved portion and the lateral curved portion (Figure 16).
Regarding Claim 30, Greene discloses an upper (Figure 16 & 17) for an article of footwear (Figures 1-3), comprising: a single textile component (Figure 17, once assembled the upper is a single textile component) comprising multiple sections connected to each other (Figures 16-21), the multiple sections including: an inner section (1010) having an interior side (bottom of 1010) configured to face toward an interior of the upper and an inner section exterior side (top of 1010) opposite the interior side; an outer section (1320) having an exterior side (top of 1320) configured to face toward an exterior of the upper and an outer section interior side (bottom of 1320) opposite the exterior side; an intermediate section (1159) disposed between and attached to the inner section exterior side and the outer section interior side, the intermediate section including a first curving portion and a second curving portion (1st & 2nd, see annotated Figure 16 below). Greene does not specifically disclose the first section, the second section, and the inner section are connected to each other by knitting or weaving arrangement. However, Liles discloses multiple layers (Figure 8) connected to each other by knitting (Col. 8, lines 39-67). It would have been obvious to one of ordinary skill in the art to connected the section by knitting, as taught by Liles, to the upper of Greene, in order to provide seamless production without additional manufacturing steps. The combination of Greene and Liles disclose airflow features (space and gaps between yarns in a knitting or weaving construction) configured to provide ventilation to a foot of a wearer of the upper by allowing air to move or flow between the interior side of the upper and the exterior side of the upper (such spaces and gaps are capable of providing ventilation), wherein the airflow features include empty spaces (gap & opening, see annotated Figure 16 below), the empty spaces interrupt the intermediate section to form areas between the inner section exterior side and the outer section interior side in which the intermediate section is absent (Figure 16), and the empty spaces include a plurality of gaps separating the plurality of curving portions (Figure 16).
Regarding Claim 31, the combination of Greene and Liles disclose the first curving portion and the second curving portion are arranged in a nested configuration (within/nested, see annotated figure 16 below).
Regarding Claim 32, the combination of Greene and Liles disclose the inner section and the outer section extend continuously over the first curving portion, the second curing portion, and the first gap (Figures 16 & 17).
Regarding Claim 33, the combination of Greene and Liles disclose the single textile component includes a plurality of ridges (Figures 18 & 19), and each ridge of the plurality of ridges is separated from each adjacent ridge by a depression (Figures 18 & 19).
Regarding Claim 34. , the combination of Greene and Liles disclose the first curving portion or the second curving portion or both the first curving portion and the second curving portion is a closed loop (Figures 16 & 17).
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Response to Arguments
Applicant’s arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
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