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 F (Figs. 6A, 6B; claims 1-20) in the reply filed on December 16, 2025 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following limitations must be shown in the elected species (Figs. 6A, 6B) or the feature(s) canceled from the claim(s):
Examiner notes that all of the following recitations are related. Elected Fig. 6B only shows that the second, third, fourth and fifth lateral/medial elongated foot support chambers extend through “another” recess, rather than the “first recess” that only houses part of the first lateral/medial elongated foot support chamber.
Claim 3, lines 7-8: “wherein the second lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure”
Claim 3, lines 15-16: “wherein the second medial elongated foot support chamber extends through the first medial recess defined in the sole structure”
Claim 4, lines 7-8: “wherein the third lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure”
Claim 4, lines 15-16: “wherein the third medial elongated foot support chamber extends through the first medial recess defined in the sole structure”
Claim 5, lines 7-8: “wherein the fourth lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure”
Claim 5, lines 15-16: “wherein the fourth medial elongated foot support chamber extends through the first medial recess defined in the sole structure”
Claim 6, lines 7-8: “wherein the fifth lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure”
Claim 6, lines 15-16: “wherein the fifth medial elongated foot support chamber extends through the first medial recess defined in the sole structure”
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cohen et al. (hereinafter “Cohen”) (USPN 5,113,599).
Regarding independent claim 1, Cohen discloses a footwear upper (upper #14; Fig. 1), comprising: a footwear upper base (upper may be made from a generally flexible material, such as leather or other material (Col. 4, Lines 36-39 of Cohen); the “leather or other material” is a footwear upper base) formed from one or more component parts (see Fig. 1, which shows upper #14 has one or more component “parts”; Examiner notes that the term "part" is very broad and merely means "a portion, division, piece, or segment of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)) and including: an instep region (an instep region is shown in Fig. 1; Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)) including at least one of a tongue base region or an instep base region (Fig. 1 shows what can be considered a tongue base region or an instep base region), a lateral side region, and a medial side region (the two opposing medial and lateral sides of the upper are a medial side region and a lateral side region); and a foot supporting bladder system (see Fig. 4’s embodiment of a bladder #30 (described in Col. 7, Lines 28-53 of Cohen)) including: a first instep chamber (#50, generally, in Fig. 4 is a first instep chamber; #50 includes sections #50a/b/c) engaged with the instep region of the footwear upper base (the bladder is disposed on the footwear upper, and therefore engaged with the base material of the upper), a first lateral elongated foot support chamber extending from the first instep chamber down and/or along the lateral side region of the footwear upper base (lateral compartment #46 is a first lateral elongated foot support chamber; #46 extends down and/or along the lateral side region (see Fig. 4 of Cohen); Examiner notes that the term "along" is very broad and has a definition of "on a line or course parallel and close to; continuously beside" (Defn. No. 2 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), wherein the first lateral elongated foot support chamber is in fluid communication with the first instep chamber (as shown in Fig. 4, there is a fluid path that fluidly connects #46 to #50c), and a first medial elongated foot support chamber extending from the first instep chamber down and/or along the medial side region of the footwear upper base (medial compartment #48 is a first medial elongated foot support chamber; #48 extends down and/or along the medial side region (see Fig. 4 of Cohen)), wherein the first medial elongated foot support chamber is in fluid communication with the first instep chamber (as shown in Fig. 4, there is a fluid path that fluidly connects #48 to #50c).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Otis (USPN 6,195,914).
Regarding independent claim 1, Otis discloses a footwear upper (combination of rear binding strip #30 and front binding strip #28 is a footwear upper; Col. 3, Lines 30-33 of Otis disclose that the shoe could be an alternative style than the open style shown in the drawings, such as a sneaker, which can incorporate the adjustable upper of the disclosed invention), comprising: a footwear upper base formed from one or more component parts (strips #28 and #30 are made of soft, flexible cloth (Col. 2, Lines 25-27 of Otis); alternatively, the upper of the sneaker style shoe mentioned above is a footwear upper base) and including: an instep region (see Figs. 1-2 of Otis, which show an arbitrary instep region) including at least one of a tongue base region or an instep base region (see Figs. 1-2, which show at least one of a tongue base region or an instep base region), a lateral side region (top side of Fig. 1 has a lateral side region), and a medial side region (bottom side of Fig. 1 has a medial side region); and a foot supporting bladder system (adjustable upper #22 is essentially a bladder system itself) including: a first instep chamber (see annotated Fig. 1 below) engaged with the instep region of the footwear upper base (see Fig. 1), a first lateral elongated foot support chamber extending from the first instep chamber down and/or along the lateral side region of the footwear upper base (see annotated Fig. 1 below), wherein the first lateral elongated foot support chamber is in fluid communication with the first instep chamber (see Fig. 1; all of the passages #50/52/54/56/58/60 are fluidly connected among one another), and a first medial elongated foot support chamber extending from the first instep chamber down and/or along the medial side region of the footwear upper base (see annotated Fig. 1 below), wherein the first medial elongated foot support chamber is in fluid communication with the first instep chamber (see Fig. 1; all of the passages #50/52/54/56/58/60 are fluidly connected among one another).
PNG
media_image1.png
466
577
media_image1.png
Greyscale
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.
Claims 2-6 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Otis in view of Sokolowski et al. (hereinafter “Sokolowski”) (US 2012/0291314).
Regarding independent claim 2, Otis discloses an article of footwear (shoe #10; Figs. 1-2; Col. 3, Lines 30-33 of Otis disclose that the shoe could be an alternative style than the open style shown in the drawings, such as a sneaker), comprising: a footwear upper (combination of rear binding strip #30 and front binding strip #28 is a footwear upper; Col. 3, Lines 30-33 of Otis disclose that the shoe could be an alternative style than the open style shown in the drawings, such as a sneaker, which can incorporate the adjustable upper of the disclosed invention) including: a footwear upper base formed from one or more component parts (strips #28 and #30 are made of soft, flexible cloth (Col. 2, Lines 25-27 of Otis); alternatively, the upper of the sneaker style shoe mentioned above is a footwear upper base) and including: an instep region (see Figs. 1-2 of Otis, which show an arbitrary instep region) including at least one of a tongue base region or an instep base region (see Figs. 1-2, which show at least one of a tongue base region or an instep base region), a lateral side region (top side of Fig. 1 has a lateral side region), a medial side region (bottom side of Fig. 1 has a medial side region), and a foot supporting bladder system (adjustable upper #22 is essentially a bladder system itself) including: a first instep chamber engaged with the instep region of the footwear upper base (see annotated Fig. 1 (claim 2 interpretation) below; the first instep chamber is a combination of hub region #34 and interconnecting passages #60a/60b), a first lateral elongated foot support chamber extending from the first instep chamber, down the lateral side region of the footwear upper base, wherein the first lateral elongated foot support chamber is in fluid communication with the first instep chamber (see annotated Fig. 1 (claim 2 interpretation) below), and a first medial elongated foot support chamber extending from the first instep chamber, down the medial side region of the footwear upper base, wherein the first medial elongated foot support chamber is in fluid communication with the first instep chamber (see annotated Fig. 1 (claim 2 interpretation) below); and a sole structure engaged with the footwear upper (sole #12 is engaged to upper (see Fig. 2)). Otis discloses that the upper extends down to the sole, but goes into no further detail and it cannot be determined whether the upper wraps underneath the foot to define a plantar support surface of the upper. Therefore, Otis is silent to the upper having a plantar support surface, wherein the first medial and lateral elongated foot support chambers extend to such a plantar support surface of the upper, and is therefore also silent to the sole structure including a first lateral recess through which the first lateral elongated foot support chamber extends and a first medial recess through which the first medial elongated foot support chamber extends.
PNG
media_image2.png
466
685
media_image2.png
Greyscale
Sokolowski teaches a shoe with an upper that has a plantar support surface that is part of a foot-cradling interior layer #40 (see Fig. 2A in Sokolowski, wherein layer #40 extends beneath where the user’s foot would rest). Sokolowski also teaches an upper supporting structure (intermediate layer #50) that has a relatively three-dimensional thickness (see Fig. 2 of Sokolowski, which is a cross-section view, wherein the strands defining layer #50 have depth that digs into the immediately adjacent layers (sole #22, exterior layer #60), including at medial and lateral sides of the sole #22, which creates respective recesses in the sole where the strands of layer #50 are situated.
Otis and Sokolowski teach analogous inventions in the field of footwear with uppers that have additional foot-surrounding support. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have had the upper structure of Otis wrap entirely around the foot-receiving space, above the sole of the footwear (thus adding a “plantar support surface” for the upper, as modified), in order to create additional support for the foot and to provide an additional layer between the foot and the sole of the shoe for added comfort. It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have increased the extent of the bottom medial and lateral edges of the bladder system (upper #22) in Otis into the thickness of the sole and to pass at least partially beneath the foot of the user, in order to further cradle the foot with the bladder scaffold structure, for improved support and fit adjustment, while also providing indentations where the bladder scaffold structure resides within the sole, which would create medial and lateral recesses through which the first medial and lateral elongated foot support chambers would extend, as required by the claim.
Regarding claim 3, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 2 above) renders obvious all the limitations of claim 2, as set forth above, and further that the foot supporting bladder system further includes: a second lateral elongated foot support chamber extending from the first instep chamber, down the lateral side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) below; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the second lateral elongated foot support chamber is in fluid communication with the first instep chamber, wherein the second lateral elongated foot support chamber originates rearward of a corresponding origination location of the first lateral elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) below), and wherein the second lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure or through another lateral recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) below; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure), and a second medial elongated foot support chamber extending from the first instep chamber, down the medial side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) below; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the second medial elongated foot support chamber is in fluid communication with the first instep chamber, wherein the second medial elongated foot support chamber originates rearward of a corresponding origination location of the first medial elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) below), and wherein the second medial elongated foot support chamber extends through the first medial recess defined in the sole structure or through another medial recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) below; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure).
PNG
media_image3.png
466
685
media_image3.png
Greyscale
Regarding claim 4, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 3 above) renders obvious all the limitations of claim 3, as set forth above, and further that the foot supporting bladder system further includes: a third lateral elongated foot support chamber extending from the first instep chamber, down the lateral side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the third lateral elongated foot support chamber is in fluid communication with the first instep chamber, wherein the third lateral elongated foot support chamber originates rearward of a corresponding origination location of the second lateral elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) above), and wherein the third lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure or through another lateral recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure), and a third medial elongated foot support chamber extending from the first instep chamber, down the medial side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the third medial elongated foot support chamber is in fluid communication with the first instep chamber, wherein the third medial elongated foot support chamber originates rearward of a corresponding origination location of the second medial elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) above), and wherein the third medial elongated foot support chamber extends through the first medial recess defined in the sole structure or through another medial recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure).
Regarding claim 5, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 4 above) renders obvious all the limitations of claim 4, as set forth above, and further that the foot supporting bladder system further includes: a fourth lateral elongated foot support chamber extending from the first instep chamber, down the lateral side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the fourth lateral elongated foot support chamber is in fluid communication with the first instep chamber, wherein the fourth lateral elongated foot support chamber originates rearward of a corresponding origination location of the third lateral elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) above), and wherein the fourth lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure or through another lateral recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure), and a fourth medial elongated foot support chamber extending from the first instep chamber, down the medial side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the fourth medial elongated foot support chamber is in fluid communication with the first instep chamber, wherein the fourth medial elongated foot support chamber originates rearward of a corresponding origination location of the third medial elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) above), and wherein the fourth medial elongated foot support chamber extends through the first medial recess defined in the sole structure or through another medial recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure).
Regarding claim 6, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 5 above) renders obvious all the limitations of claim 5, as set forth above, and further that the foot supporting bladder system further includes: a fifth lateral elongated foot support chamber extending from the first instep chamber, down the lateral side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the fifth lateral elongated foot support chamber is in fluid communication with the first instep chamber, wherein the fifth lateral elongated foot support chamber originates rearward of a corresponding origination location of the fourth lateral elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) above), and wherein the fifth lateral elongated foot support chamber extends through the first lateral recess defined in the sole structure or through another lateral recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure), and a fifth medial elongated foot support chamber extending from the first instep chamber, down the medial side region of the footwear upper base, and to the plantar support surface (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface), wherein the fifth medial elongated foot support chamber is in fluid communication with the first instep chamber, wherein the fifth medial elongated foot support chamber originates rearward of a corresponding origination location of the fourth medial elongated foot support chamber (see annotated Fig. 1 (claim 3-6 interpretation) above), and wherein the fifth medial elongated foot support chamber extends through the first medial recess defined in the sole structure or through another medial recess defined in the sole structure (see annotated Fig. 1 (claim 3-6 interpretation) above; post-modification, the elongated foot support chambers all extend down to the plantar support surface and through their own respective recesses defined in the sole structure).
Regarding claim 17, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 2 above) renders obvious all the limitations of claim 2, as set forth above, and further that the first instep chamber includes: an inner bladder chamber portion, an outer bladder chamber portion, a first seam separating a first portion of the inner bladder chamber portion from a first portion of the outer bladder chamber portion, and a second seam separating a second portion of the inner bladder chamber portion from a second portion of the outer bladder chamber portion, wherein a first space between the first seam and the second seam provides a first fluid path for fluid exchange between the inner bladder chamber portion and the outer bladder chamber portion (Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); see annotated partial view of Fig. 1 below; the sections marked as being the first and second seam are heat-bonded areas that weld the two plastic sheets #24 and #26 together to form webbed sections between passages in the bladder (see Fig. 3 of Otis, which shows the joined areas #40a-h); the identified first and second seams correspond to an area of the joined areas #40a-h, therefore defining a “seam” that is positioned between the portions, as recited in the claim; the identified first and second spaces are open gaps that exist between the different passages/connections in the overall bladder which define at least part of the overall fluid path in the bladder).
PNG
media_image4.png
526
806
media_image4.png
Greyscale
Regarding claim 18, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 17 above) renders obvious all the limitations of claim 17, as set forth above, and further that the first lateral elongated foot support chamber originates at the outer bladder chamber portion, and wherein the first medial elongated foot support chamber originates at the outer bladder chamber portion (see annotated partial view of Fig. 1 above on the right side; 1st LEFSC and 1st MEFSC correspond to the first lateral and medial elongated foot support chambers).
Regarding claim 19, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 18 above) renders obvious all the limitations of claim 18, as set forth above, and further that a second space between the first seam and the second seam provides a second fluid path for fluid exchange between the inner bladder chamber portion and the outer bladder chamber portion (see annotated partial view of Fig. 1 above).
Regarding claim 20, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 2 above) renders obvious all the limitations of claim 2, as set forth above, and further that the first instep chamber includes: an inner bladder chamber portion, and an outer bladder chamber portion at least partially surrounding the inner bladder chamber portion, wherein the inner bladder chamber portion and the outer bladder chamber portion are in fluid communication with one another (Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); the central hub region #34 is a circular volume, as shown in Fig. 1 of Otis; therefore, the circular volume has an arbitrary outer portion and an arbitrary inner portion that are generally concentric with one another, with the outer portion at least partially surrounding the inner portion, wherein the inner and outer circular portions are fluidly communicable with one another since they are part of the same overall chamber).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Otis in view of Sokolowski as applied to claim 6 above, and further in view of Farys et al. (hereinafter “Farys”) (USPN 6,862,820).
Regarding claim 7, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 6 above) renders obvious all the limitations of claim 6, as set forth above, but does not teach that there is a sixth medial elongated foot support chamber extending from the first instep chamber and along the medial side region of the footwear upper base, wherein the sixth medial elongated foot support chamber is in fluid communication with the first instep chamber, and wherein the sixth medial elongated foot support chamber originates rearward of a corresponding origination location of the fifth medial elongated foot support chamber.
Farys teaches a shoe with an upper that has a support structure (elastic tightening system #10) that has a central elliptical portion #11 with six branches (#12/13/14; Figs. 1 and 2 of Farys illustrate six branches for each of the medial and lateral sides of the upper) that emanate from the central portion #11 on each of the medial and lateral sides, the branches reaching a lower end proximate the sole of the shoe. Farys teaches that the tightening system creates an elastic cage that envelops the foot from the area of the instep toward the heel and toes and allows exerting a tightening force that is improved, uniform and equally distributed over the entire foot (Col. 2, Lines 57-61 of Farys).
Modified Otis and Farys teach analogous inventions in the field of footwear uppers with branched support structures on the medial and lateral sides of the upper. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have simply added an additional passage on each of the medial and lateral sides of the upper of Otis to obtain six elongated foot support structures (as six on each side are taught by Farys) in order to further improve the equal distribution of tightening force on the foot of the user, as taught by Farys, and further since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(B).
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Otis in view of Sokolowski and Farys as applied to claim 7 above, and further in view of Marvin et al. (hereinafter “Marvin”) (US 2012/0167413).
Regarding claim 8, the modified footwear article of Otis (i.e. Otis in view of Sokolowski and Farys, as applied to claim 7 above) renders obvious all the limitations of claim 7, as set forth above, but does not teach that the sixth medial elongated foot support chamber extends to and is in fluid communication with a medial ankle support bladder region.
Marvin teaches a footwear upper with a bladder system, wherein the bladder system includes a medial ankle support bladder region (medial heel compartment #259, generally) and a lateral ankle support bladder region (lateral heel compartment #258, generally). Marvin’s bladder includes at least one fluid line that extends between and connects the medial and lateral ankle support bladder regions thereof (fluid connection junction #274 is a fluid line that is between and connects medial #259 and lateral #258 heel compartments). Marvin teaches that all of the compartments in its bladder are continuously fluidly interconnected to one another (¶ 0011 of Marvin).
Modified Otis and Marvin teach analogous inventions in the field of pneumatic footwear uppers. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added the medial and lateral heel compartments (#258/259) and the fluid junction connection #274 of Marvin into Otis’ upper bladder system in order to add adjustable support around the heel region and ankle of the wearer when adjusting the fit of the footwear, wherein it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have fluidly connected the added compartments and fluid junction connection to the existing bladder passages in order to permit the entire bladder to be inflated/deflated as one unit when operating the inlet #32 of Otis, as desired by Otis. As a result of the modification, the sixth medial elongated foot support chamber would extend to and be in fluid communication with a medial ankle support bladder region. (via the added medial heel compartment from Marvin into the modified shoe of Otis; with a sixth passage added to each of the medial and lateral sides via the modification above (see the 35 U.S.C. 103 rejection of claim 7), the added sixth medial elongated foot support chamber would be disposed closest to the ankle area, and would therefore be in fluid communication with the added medial heel compartment from Marvin).
Regarding claim 9, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, Farys and Marvin, as applied to claim 8 above) renders obvious all the limitations of claim 8, as set forth above, and further that the medial ankle support bladder region includes a medial base region (the added medial heel compartment from Marvin itself would be a medial base region, inasmuch as the medial base region has been defined, structurally, in the claim) that is in fluid communication with the sixth medial elongated foot support chamber, and wherein a medial fluid line connects the fifth medial elongated foot support chamber with at least one of the medial base region or the sixth medial elongated foot support chamber (as noted above, via the modification, all of the passages and compartments would be fluidly connected by at least some fluid line).
Regarding claim 10, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, Farys and Marvin, as applied to claim 9 above) renders obvious all the limitations of claim 9, as set forth above, and further that the foot supporting bladder system further includes at least one elongated fluid line that extends from the medial base region and around a rear heel or ankle region of the footwear upper base (via the added fluid junction connection #274 from Marvin, which extends from the medial heel compartment around the back of the heel and ankle of the upper base).
Regarding claim 11, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, Farys and Marvin, as applied to claim 9 above) renders obvious all the limitations of claim 9, as set forth above, and further that the foot supporting bladder system further includes two elongated fluid lines that extend from the medial base region and around a rear heel or ankle region of the footwear upper base (via the added fluid junction connection #274 and one of the two fluid line paths present between #258 and #274 (see Fig. 2 of Marvin; two fluid lines are separated by a small welded line just to the right of the end of the leading line from #258 in Fig. 2 of Marvin) from Marvin, which extends from the medial heel compartment around the back of the heel and ankle of the upper base).
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Otis in view of Sokolowski as applied to claim 2 above, and further in view of Marvin.
Regarding claim 12, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 2 above) renders obvious all the limitations of claim 2, as set forth above, and further that the foot supporting bladder system further includes a second medial elongated foot support chamber extending from the first instep chamber and along the medial side region of the footwear upper base, wherein the second medial elongated foot support chamber is in fluid communication with the first instep chamber, wherein the second medial elongated foot support chamber originates rearward of a corresponding origination location of the first medial elongated foot support chamber (see annotated Fig. 1 (claim 12 interpretation) below), but does not teach that the second medial elongated foot support chamber extends to and is in fluid communication with a medial ankle support bladder region.
PNG
media_image5.png
466
685
media_image5.png
Greyscale
Marvin teaches a footwear upper with a bladder system, wherein the bladder system includes a medial ankle support bladder region (medial heel compartment #259, generally) and a lateral ankle support bladder region (lateral heel compartment #258, generally). Marvin’s bladder includes at least one fluid line that extends between and connects the medial and lateral ankle support bladder regions thereof (fluid connection junction #274 is a fluid line that is between and connects medial #259 and lateral #258 heel compartments). Marvin teaches that all of the compartments in its bladder are continuously fluidly interconnected to one another (¶ 0011 of Marvin).
Modified Otis and Marvin teach analogous inventions in the field of pneumatic footwear uppers. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added the medial and lateral heel compartments (#258/259) and the fluid junction connection #274 of Marvin into Otis’ upper bladder system in order to add adjustable support around the heel region and ankle of the wearer when adjusting the fit of the footwear, wherein it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have fluidly connected the added compartments and fluid junction connection to the existing bladder passages in order to permit the entire bladder to be inflated/deflated as one unit when operating the inlet #32 of Otis, as desired by Otis. As a result of the modification, the second medial elongated foot support chamber would extend to and be in fluid communication with a medial ankle support bladder region (via the added medial heel compartment from Marvin into the modified shoe of Otis, since the identified second medial elongated foot support chamber (see annotated Fig. 1 (claim 12 interpretation) above) is disposed closest to the ankle area).
Regarding claim 13, the modified footwear article of Otis (i.e. Otis in view of Sokolowski and Marvin, as applied to claim 12 above) renders obvious all the limitations of claim 12, as set forth above, and further that the medial ankle support bladder region includes a medial base region (the added medial heel compartment from Marvin itself would be a medial base region, inasmuch as the medial base region has been defined, structurally, in the claim), and wherein a medial fluid line connects the first medial elongated foot support chamber to at least one of the medial base region or the second medial elongated foot support chamber (as noted above, via the modification, all of the passages and compartments would be fluidly connected by at least some fluid line).
Regarding claim 14, the modified footwear article of Otis (i.e. Otis in view of Sokolowski and Marvin, as applied to claim 13 above) renders obvious all the limitations of claim 13, as set forth above, and further that the foot supporting bladder system further includes at least one elongated fluid line that extends from the medial base region and around a rear heel or ankle region of the footwear upper base (via the added fluid junction connection #274 from Marvin, which extends from the medial heel compartment around the back of the heel and ankle of the upper base).
Regarding claim 15, the modified footwear article of Otis (i.e. Otis in view of Sokolowski and Marvin, as applied to claim 13 above) renders obvious all the limitations of claim 13, as set forth above, and further that the foot supporting bladder system further includes two elongated fluid lines that extend from the medial base region and around a rear heel or ankle region of the footwear upper base (via the added fluid junction connection #274 and one of the two fluid line paths present between #258 and #274 (see Fig. 2 of Marvin; two fluid lines are separated by a small welded line just to the right of the end of the leading line from #258 in Fig. 2 of Marvin) from Marvin, which extends from the medial heel compartment around the back of the heel and ankle of the upper base).
Regarding claim 16, the modified footwear article of Otis (i.e. Otis in view of Sokolowski, as applied to claim 2 above) renders obvious all the limitations of claim 2, as set forth above, and further that the foot supporting bladder system further includes: a second lateral elongated foot support chamber extending from the first instep chamber and along the lateral side region of the footwear upper base, wherein the second lateral elongated foot support chamber is in fluid communication with the first instep chamber, wherein the second lateral elongated foot support chamber originates rearward of a corresponding origination location of the first lateral elongated foot support chamber (see annotated Fig. 1 (claim 16 interpretation) below); a second medial elongated foot support chamber extending from the first instep chamber and along the medial side region of the footwear upper base, wherein the second medial elongated foot support chamber is in fluid communication with the first instep chamber, wherein the second medial elongated foot support chamber originates rearward of a corresponding origination location of the first medial elongated foot support chamber (see annotated Fig. 1 (claim 16 interpretation) below). Otis does not teach that the second lateral elongated foot support chamber extends to and is in fluid communication with a lateral ankle support bladder region, wherein the second medial elongated foot support chamber extends to and is in fluid communication with a medial ankle support bladder region, and at least one elongated fluid line that extends from the lateral ankle support bladder region to the medial ankle support bladder region and around a rear heel or ankle region of the footwear upper base.
PNG
media_image6.png
466
685
media_image6.png
Greyscale
Marvin teaches a footwear upper with a bladder system, wherein the bladder system includes a medial ankle support bladder region (medial heel compartment #259, generally) and a lateral ankle support bladder region (lateral heel compartment #258, generally). Marvin’s bladder includes at least one fluid line that extends between and connects the medial and lateral ankle support bladder regions thereof (fluid connection junction #274 is a fluid line that is between and connects medial #259 and lateral #258 heel compartments). Marvin teaches that all of the compartments in its bladder are continuously fluidly interconnected to one another (¶ 0011 of Marvin).
Modified Otis and Marvin teach analogous inventions in the field of pneumatic footwear uppers. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added the medial and lateral heel compartments (#258/259) and the fluid junction connection #274 of Marvin into Otis’ upper bladder system in order to add adjustable support around the heel region and ankle of the wearer when adjusting the fit of the footwear, wherein it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have fluidly connected the added compartments and fluid junction connection to the existing bladder passages in order to permit the entire bladder to be inflated/deflated as one unit when operating the inlet #32 of Otis, as desired by Otis. As a result of the modifications, the second lateral elongated foot support chamber would extend to and be in fluid communication with a lateral ankle support bladder region (via the added lateral heel compartment from Marvin into the modified shoe of Otis, since the identified second lateral elongated foot support chamber (see annotated Fig. 1 (claim 16 interpretation) above) is disposed closest to the ankle area), wherein the second medial elongated foot support chamber would extend to and be in fluid communication with a medial ankle support bladder region (via the added medial heel compartment from Marvin into the modified shoe of Otis, since the identified second medial elongated foot support chamber (see annotated Fig. 1 (claim 16 interpretation) above) is disposed closest to the ankle area), wherein at least one elongated fluid line would be present that extends from the lateral ankle support bladder region to the medial ankle support bladder region and around a rear heel or ankle region of the footwear upper base (via the added fluid junction connection #174 from Marvin).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All art cited on the PTO-892 and not relied upon in an art rejection above is deemed relevant in the field of footwear with bladders that are present in the footwear upper.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMESON COLLIER whose telephone number is (571)270-5221. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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, CLINTON OSTRUP can be reached at (571)272-5559. 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.
/JAMESON D COLLIER/ Primary Examiner, Art Unit 3732