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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01-06-2025, 04-10-2025, 06-26-2025, 10-03-2025, 11-18-2025, and 11-18-2025 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Invention I, Claims 1-17 in the reply filed on 01-26-2026 is acknowledged.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 10-11, and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey et al. (2018/0332925).
Regarding claim 1, Bailey discloses a cushioning component for a wearable article, the cushioning component (figs 1-24) comprising:
a bladder (member 23) including a first barrier sheet (member 16) and a second barrier sheet (member 18) defining an interior cavity between opposing inner surfaces of the first barrier sheet and the second barrier sheet;
a core (member 30) including at least one polymeric sheet traversing the interior cavity between and directly bonded to the opposing inner surfaces of the first barrier sheet and the second barrier sheet at a plurality of bonds (member 50) to tether the first barrier sheet to the second barrier sheet (members 32 and 34); and
a sidewall (member 20) comprising at least one polymeric sheet disposed around an outer perimeter of the core and directly bonded to the first barrier sheet at a first peripheral bond and to the second barrier sheet at a second peripheral bond to enclose the interior cavity and retain a gas in the interior cavity (members 52), the at least one polymeric sheet of the core disposed in the interior cavity and decoupled from the sidewall, and the at least one polymeric sheet of the core displaced from the opposing inner surfaces by gas at unbonded areas of the at least one polymeric sheet (fig 3, para 0055 and 0068).
Regarding claim 2, Bailey discloses the plurality of bonds are arranged such that the gas in the interior cavity is in fluid communication around the at least one polymeric sheet of the core without the at least one polymeric sheet of the core creating any sealed chambers within the bladder that are not in fluid communication with the interior cavity (para 0068).
Regarding claim 3, Bailey discloses the sidewall is a single polymeric sheet (member 23).
Regarding claim 5, Bailey discloses the wearable article is an article of footwear; and the cushioning component is included in a sole structure of the article of footwear (fig 9).
Regarding claim 6, Bailey discloses the cushioning component extends in each of a heel region of the article of footwear, a midfoot region of the article of footwear, and a forefoot region of the article of footwear; and the sidewall has a greater height in the heel region than in the forefoot region (fig 9 shows that the heel area higher than the forefoot area).
Regarding claim 10, Bailey discloses the at least one polymeric sheet of the core includes a first polymeric sheet and a second polymeric sheet, the first polymeric sheet of the core disposed between the first barrier sheet and the second polymeric sheet, and the second polymeric sheet of the core disposed between the first polymeric sheet and the second barrier sheet such that a first side of the first polymeric sheet of the core faces the inner surface of the first barrier sheet, a second side of the first polymeric sheet of the core faces a first side of the second polymeric sheet, and a second side of the second polymeric sheet of the core faces the inner surface of the second barrier sheet; and the at least one polymeric sheet of the sidewall includes a first polymeric sheet and a second polymeric sheet, the first polymeric sheet of the sidewall bonded to the first barrier sheet at the first peripheral bond, the second polymeric sheet of the sidewall bonded to the second barrier sheet at the second peripheral bond, and the first polymeric sheet of the sidewall bonded to the second polymeric sheet of the sidewall at a third peripheral bond disposed along the sidewall between the first peripheral bond and the second peripheral bond (figs 3-4).
Regarding claim 11, Bailey discloses the first side of the first polymeric sheet of the core is directly bonded to the inner surface of the first barrier sheet at a first set of bonds of the plurality of bonds, the second side of the second polymeric sheet of the core is directly bonded to the inner surface of the second barrier sheet at a second set of bonds of the plurality of bonds (member 50), and the second side of the first polymeric sheet of the core is directly bonded to the first side of the second polymeric sheet of the core at a third set of bonds of the plurality of bonds (figs 3-4).
Regarding claim 13, Bailey discloses a cushioning component for a wearable article, the cushioning component (figs 1-24) comprising:
a bladder (member 23) including a first barrier sheet (member 16) and a second barrier sheet (member 18) defining an interior cavity between opposing inner surfaces of the first barrier sheet and the second barrier sheet;
a first polymeric sheet (member 16) and a second polymeric sheet (member 18) disposed between the first barrier sheet and the second barrier sheet and each including a core portion (member 30) and a sidewall portion (member 20) decoupled from the core portion and extending along an outer perimeter of the core portion;
wherein the core portion of the first polymeric sheet is bonded to the inner surface of the first barrier sheet and to a first side of the core portion of the second polymeric sheet at a first plurality of bonds, the core portion of the second polymeric sheet is bonded to the inner surface of the second barrier sheet at a second plurality of bonds and to a second side of the core portion of the first polymeric sheet at a third plurality of bonds, the core portion of the first polymeric sheet and the core portion of the second polymeric sheet together traversing the interior cavity and tethering the first barrier sheet to the second barrier sheet (members 50); and
wherein the sidewall portion (member 20) of the first polymeric sheet is bonded to the first barrier sheet at a first peripheral bond, the sidewall portion of the second polymeric sheet is bonded to the second barrier sheet at a second peripheral bond, and the sidewall portion of the first polymeric sheet and the sidewall portion of the second polymeric sheet are bonded to one another at a third peripheral bond such that the sidewall portions and the first and second barrier sheets together enclose the interior cavity and retain a gas in the interior cavity, the first polymeric sheet of the core portion and the second polymeric sheet of the core portion displaced from the opposing inner surfaces of the first barrier sheet and the second barrier sheet by the gas at unbonded areas of the core portion of the first polymeric sheet and the core portion of the second polymeric sheet (fig 3-4, para 0055 and 0068).
Regarding claim 14, Bailey discloses the first plurality of bonds, the second plurality of bonds, and the third plurality of bonds are arranged such that the gas in the interior cavity is in fluid communication around the core portion of the first polymeric sheet and the core portion of the second polymeric sheet without the core portion of the first polymeric sheet and the core portion of the second polymeric sheet creating any sealed chambers within the bladder that are not in fluid communication with the interior cavity (para 0068).
Regarding claim 15, Bailey discloses the wearable article is an article of footwear; and the cushioning component is included in a sole structure of the article of footwear (fig 9).
Regarding claim 16, Bailey discloses the cushioning component extends in each of a heel region of the article of footwear, a midfoot region of the article of footwear, and a forefoot region of the article of footwear; and the sidewall portion has a greater height in the heel region than in the forefoot region (fig 9 shows that the heel area higher than the forefoot area).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7-8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bailey et al. (2018/0332925) as applied to claims 5 and 15 above, and further in view of Allen, Jr (4,774,774).
Regarding claims 7 and 17, Bailey teaches all limitation except the cushioning component further comprising: a third barrier sheet bonded to the second barrier sheet at an additional peripheral bond, the second barrier sheet and the third barrier sheet defining a second interior cavity between an outer surface of the second barrier sheet and an inner surface of the third barrier sheet; and wherein the first interior cavity and the second interior cavity are fluidly isolated from one another by the second barrier sheet.
Allen teaches a cushioning component further comprising: a third barrier sheet bonded to the second barrier sheet at an additional peripheral bond, the second barrier sheet and the third barrier sheet defining a second interior cavity between an outer surface of the second barrier sheet and an inner surface of the third barrier sheet; and wherein the first interior cavity and the second interior cavity are fluidly isolated from one another by the second barrier sheet (fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the cushion of Bailey by adding more barrier sheet, as taught by Allen, in order to add more cushioning to the structure.
Regarding claim 8, the modified cushion Bailey-Allen discloses the third barrier sheet is disposed at a distal side of the cushioning component and the first barrier sheet is disposed at a foot-facing side of the cushioning component; and an inflation pressure of the second interior cavity is different than an inflation pressure of the first interior cavity (Allen, fig 1).
Allowable Subject Matter
Claims 4, 9, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732