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 .
Status of the Claims
This action is in response to the applicant’s filing on December 10, 2024. Claims 1-20 are pending and examined below.
Drawings
The drawings are objected to because Figure 22 does not properly label the plurality of material Zones including Zone A, Zone B and Zone C. Figure 22 should have a bracket or lead lines connecting the plurality of zones into which the material is assembled/disassembled. Applicant should use a bracket or lead lines to indicate how the relationship of components are connected. See: 37 CFR 1.84(h)(1). Applicant can also label each figure with Figure 22A, Figure 22B, Figure 22C and Figure 22D
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-5, 8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity").
As to Claim 1, McGinnity discloses an article of footwear (Footwear 100; McGinnity) defining a forefoot region, a midfoot region, a heel region, a lateral side, and a medial side, the article of footwear comprising: an upper with an outer surface (Footwear 100; McGinnity)(forefoot portion 110; McGinnity ~ regarding a forefoot region)(midfoot portion 112; McGinnity ~ regarding a midfoot region)(heel portion 114; McGinnity ~ regarding a heel region)(lateral side 108; McGinnity ~ regarding a lateral side) (medial side 106; McGinnity ~ regarding a medial side) (upper 120; McGinnity ~ regarding an upper)(outer surface 1804 or paragraphs 0009, 0062, 0064; McGinnity ~ regarding an outer surface); a heel element secured to the upper proximate to the heel region (heel counter 300; McGinnity ~ regarding heel element) (Figure 3; McGinnity); and a sole structure (sole 180; McGinnity ~ regarding a sole structure), wherein the upper includes a knit fabric forming a first knit zone having a first elasticity, a second knit zone having a second elasticity, and a third knit zone having a third elasticity (paragraphs 0070, 0074, 0082; McGinnity teaching a base layer 602 having a knitted material~ regarding a knitted fabric)(first area 640; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a first knit zone having a first elasticity)(second area 650; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a second knit zone having a first elasticity) (third area 660; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a third knit zone having a first elasticity), and wherein each of the first elasticity, the second elasticity, and the third elasticity are different (paragraphs 0065, 0079-0080; McGinnity ~ regarding a first, second or third stretchability and thereby teaching wherein each of the first elasticity, the second elasticity, and the third elasticity are different.).
As to Claim 2, McGinnity discloses the article of footwear of claim 1, wherein the first knit zone, the second knit zone, and the third knit zone are integrally formed (paragraphs 0079-0080; McGinnity ~ regarding wherein the first knit zone, the second knit zone, and the third knit zone are integrally formed as a composite and thereby teaching being integrally formed).
As to Claim 4, McGinnity discloses the article of footwear of claim 1, wherein the second elasticity is greater than the third elasticity (paragraphs 0065, 0079-0081; McGinnity ~ regarding a first, second or third stretchability and wherein the second elasticity is greater than the third elasticity. McGinnity teaches specifically in paragraph 0081 the differential of the overlap with thread 1 and 3 and thread 1 and 2. Therefore teaching wherein the second elasticity is greater than the third elasticity.)
As to Claim 5, McGinnity discloses the article of footwear of claim 1, wherein a breathability of the first knit zone is greater than a breathability of the second knit zone (Paragraph 0077; McGinnity ~ regarding In some embodiments, at least one characteristic of base layer 602 may vary between first area 640, second area 650, and/or third area 660. The characteristic may be, but is not limited to ventilation…" Thereby teaching breathability.)
As to Claim 8, McGinnity discloses the article of footwear of claim 1 further comprising: a vamp assembly secured to the upper and including a toe portion, a vamp body portion, and a tongue portion (vamp section 330; McGinnity ~ regarding a vamp assembly)(tongue 322; McGinnity ~ regarding a tongue portion)(toe box 340; McGinnity ~ regarding a toe portion).
As to Claim 11, McGinnity discloses the article of footwear of claim 1, wherein the first knit zone comprises a first thread having a first color, the second knit zone comprises a second thread having a second color, and the third knit zone comprises a third thread having a third color, and wherein each of the first color, the second color, and the third color are different from one another (Paragraph 0069; McGinnity, teaching "In some embodiments, the color of polymeric material(s) for threads in first thread set 610, second thread set 620, and/or third thread set 630 may be different.").
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 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.
Claims 1-2, 4-5, 8, 11-15 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity) in view of United States Patent Application No. US 2017/0238644 A1 to Adrian Meir, (herein after "Meir").
As to Claim 1, McGinnity discloses an article of footwear (Footwear 100; McGinnity) defining a forefoot region, a midfoot region, a heel region, a lateral side, and a medial side, the article of footwear comprising: an upper (upper 120; McGinnity ~ regarding an upper) with an outer surface (Footwear 100; McGinnity)(forefoot portion 110; McGinnity ~ regarding a forefoot region)(midfoot portion 112; McGinnity ~ regarding a midfoot region)(heel portion 114; McGinnity ~ regarding a heel region)(lateral side 108; McGinnity ~ regarding a lateral side) (medial side 106; McGinnity ~ regarding a medial side) (upper 120; McGinnity ~ regarding an upper)(outer surface 1804 or paragraphs 0009, 0062, 0064; McGinnity ~ regarding an outer surface); a heel element secured to the upper proximate to the heel region (heel counter 300; McGinnity ~ regarding heel element) (Figure 3; McGinnity); and a sole structure (sole 180; McGinnity ~ regarding a sole structure), wherein the upper includes a knit fabric forming a first knit zone having a first elasticity, a second knit zone having a second elasticity, and a third knit zone having a third elasticity (paragraphs 0070, 0074, 0082 and 0137-0140; McGinnity teaching a base layer 602 having a knitted material~ regarding a knitted fabric)(first area 640; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a first knit zone having a first elasticity)(second area 650; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a second knit zone having a first elasticity) (third area 660; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a third knit zone having a first elasticity), but fails to disclose wherein each of the first elasticity, the second elasticity, and the third elasticity are different .
Meir teaches knitted components exhibiting color shifting effects in footwear and discloses wherein each of the first elasticity, the second elasticity, and the third elasticity are different (See Paragraphs 0064,0065, 0072-0080 and specifically Paragraph 00136, Meir US 20170238644, “ First yarn type 2611, second yarn type 2612, and third yarn type 2613 may differ in additional or alternative ways, including diameter, denier, elasticity, texture, or visual properties such as color, finish, texture, and pattern.”. As doing so, provides strength, stretch, durability, additional qualities, or a combination thereof for the wearer (See para. 0136; Meir).
Therefore, based on Meir’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity’s plurality of knit zones and threads to include wherein each of the first elasticity, the second elasticity, and the third elasticity are different as doing so would provide enhanced comfort with substantial stretch and recovery for the wearer.
As to Claim 2, McGinnity/Meir disclose the article of footwear of claim 1, wherein the first knit zone, the second knit zone, and the third knit zone are integrally formed (paragraphs 0079-0080 and 0137-0140; McGinnity ~ regarding wherein the first knit zone, the second knit zone, and the third knit zone are integrally formed as a composite and thereby teaching being integrally formed).
As to Claim 4, McGinnity/Meir disclose the article of footwear of claim 1, wherein the second elasticity is greater than the third elasticity (paragraphs 0065, 0079-0081; McGinnity ~ regarding a first, second or third stretchability and wherein the second elasticity is greater than the third elasticity. McGinnity teaches specifically in paragraph 0081 the differential of the overlap with thread 1 and 3 and thread 1 and 2. Therefore teaching wherein the second elasticity is greater than the third elasticity.)
As to Claim 5, McGinnity/Meir disclose the article of footwear of claim 1, wherein a breathability of the first knit zone is greater than a breathability of the second knit zone (Paragraph 0077; McGinnity ~ regarding In some embodiments, at least one characteristic of base layer 602 may vary between first area 640, second area 650, and/or third area 660. The characteristic may be, but is not limited to ventilation…" Thereby teaching breathability.)
As to Claim 8, McGinnity/Meir disclose the article of footwear of claim 1 further comprising: a vamp assembly secured to the upper and including a toe portion, a vamp body portion, and a tongue portion (vamp section 330; McGinnity ~ regarding a vamp assembly)(tongue 322; McGinnity ~ regarding a tongue portion)(toe box 340; McGinnity ~ regarding a toe portion).
As to Claim 11, McGinnity/Meir disclose the article of footwear of claim 1, wherein the first knit zone comprises a first thread having a first color, the second knit zone comprises a second thread having a second color, and the third knit zone comprises a third thread having a third color, and wherein each of the first color, the second color, and the third color are different from one another (Paragraphs 0069, 0160, 0176; McGinnity)(Paragraph 0069; McGinnity, teaching "In some embodiments, the color of polymeric material(s) for threads in first thread set 610, second thread set 620, and/or third thread set 630 may be different.").
As to Claim 12, McGinnity/Meir disclose the article of footwear of claim 1, wherein the heel element (heel counter 300; McGinnity ~ regarding heel element) is a single piece of leather (Paragraphs 0004-0005; Meir).
As to Claim 13, McGinnity/Meir disclose the article of footwear of claim 1, wherein the first knit zone comprises a first thread having a first diameter, the second knit zone comprises a second thread having a second diameter, and the third knit zone comprises a third thread having a third diameter, and wherein each of the first diameter, the second diameter, and the third diameter are different (See Paragraphs 0064,0065, 0072-0080 and specifically Paragraph 00136, Meir, “First yarn type 2611, second yarn type 2612, and third yarn type 2613 may differ in additional or alternative ways, including diameter, denier, elasticity, texture, or visual properties such as color, finish, texture, and pattern.” As doing so, provides strength, stretch, durability, additional qualities, or a combination thereof for the wearer (See para. 0136; Meir).
As to Claim 14, McGinnity/Meir disclose the article of footwear of claim 13, wherein the first diameter is smaller than the second diameter, and the second diameter is smaller than the third diameter (See Paragraphs 0064,0065, 0072-0080 and specifically Paragraph 00136, Meir US 20170238644, “ First yarn type 2611, second yarn type 2612, and third yarn type 2613 may differ in additional or alternative ways, including diameter, denier, elasticity, texture, or visual properties such as color, finish, texture, and pattern.”. As doing so, provides strength, stretch, durability, additional qualities, or a combination thereof for the wearer (See para. 0136; Meir).
As to Claim 15, McGinnity/Meir disclose the article of footwear of claim 13, wherein the diameter of the first thread in the first knit zone is between about 0.01 millimeters and about 8.00 millimeters (Paragraphs 0070, 0072; McGinnity, teaching the denier of polymer threads including polyester and polyethene can vary between 350 Denier to 950 Denier, which would include the thread ranges between about 0.01 millimeters and about 8.00 millimeters).
Claims 3 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity) in view of United States Patent Application No. US 2017/0238644 A1 to Adrian Meir, (herein after "Meir"), as to claim 1 above, and in view of International Application Publication No. WO 2019/206423 A1 to DONOVAN, Patrick, (herein after "Donovan”).
As to Claim 3, McGinnity/Meir disclose the article of footwear of claim 1,
wherein the first knit zone is disposed within the forefoot region (first area 640; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a first knit zone having a first elasticity)(forefoot portion 110; McGinnity ~ regarding a forefoot region) but fails to disclose the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region.
Donovan teaches shoes and discloses the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region (first knit zone (foremost region) and a second knit zone (central region) (See Page 5, Lines 26-30; Donovan, teaching three (3) zones, "The shoe upper can be structured in different zones along the longitudinal extension of the shoe upper and namely in a (foremost) vamp, a central region (with the sets of openings) and a (rear) heel region.") ((rear) heel region) (See Figures 1-3, and Page 5, Lines 26-30; Donovan, teaching three (3) zones, "The shoe upper can be structured in different zones along the longitudinal extension of the shoe upper and namely in a (foremost) vamp, a central region (with the sets of openings) and a (rear) heel region.").
Therefore, based on Donovan’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Meir’s knit zones to include the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region, as doing so would provide improved comfort with more or less support and tightening respectively in specific areas of the shoe upper for the wearer.
Claims 6-7 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity) in view of United States Patent Application No. US 2017/0238644 A1 to Adrian Meir, (herein after "Meir"), as to claim 1 above, and in view of United States Patent Application No. US 2018/0020763 A1 to Hipp et al., (herein after "Hipp") and further in view of International Application Publication No. WO 2019/206423 A1 to DONOVAN, Patrick, (herein after "Donovan”).
As to Claim 6, McGinnity/Meir disclose the article of footwear of claim 1, but fails to disclose further comprising a membrane layer configured as a one-way membrane so that moisture can be transferred only from an inside of the article of footwear to an outside of the article of footwear while preventing moisture from entering an inside of the article of footwear from an outside of the article of footwear.
Hipp teaches articles of footwear with multiple layers and discloses further comprising a membrane layer (124; Hipp) (Paragraph 0041; membrane; Hipp ~ regarding a membrane layer capable of transferring moisture from inside of the article of footwear while preventing moisture from entering an inside of the article of footwear from an outside of the article of footwear.)
Therefore, based on Hipp’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Meir’s footwear to include further comprising a membrane layer, as doing so would provide additional structure to the upper and cushioning for the wearer.
Donovan teaches shoes and discloses a membrane layer configured as a one-way membrane so that moisture can be transferred only from an inside of the article of footwear to an outside of the article of footwear while preventing moisture from entering an inside of the article of footwear from an outside of the article of footwear (page 4, Lines 10-22; Donovan).
Therefore, based on Donovan’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Hipp’s membrane layer to include being configured as a one-way membrane so that moisture can be transferred only from an inside of the article of footwear to an outside of the article of footwear to an outside of the article of footwear while preventing moisture from entering an inside of the article of footwear from an outside of the article of footwear, as doing so would provide enhanced comfort with a suitable solution for moisture management for the wearer.
As to Claim 7, McGinnity/Meir/Hipp/Donovan disclose the article of footwear of claim 6, wherein the membrane layer is coupled to the first knit zone, the second knit zone, and the third knit zone (component 124 being a membrane, paragraphs 0041-0044; Hipp ~ regarding a membrane layer) (outer knit layer 120 and inner knit layer 122; Hipp ~ regarding the knit fabric).
Claims 9-10 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity) in view of United States Patent Application No. US 2017/0238644 A1 to Adrian Meir, (herein after "Meir"), as to claim 8 above, and in view of United States Patent No. US 5,946,825 to Koh et al., (herein after "Koh").
As to Claim 9, McGinnity/Meir disclose the article of footwear of claim 8, wherein the toe portion (toe box 340; McGinnity) but fails to disclose comprising leather and is stitched to the vamp body portion.
Koh teaches footwear having slow recovery liner and discloses wherein the toe portion comprises leather and is stitched to the vamp body portion (Cols. 3 and 4 and Lines 56-68 and 6-16, respectively teaching “As illustrated in FIGS. 1-3, the outer shell 52 comprises a tip 56, a vamp 58, a counter 60, and a collar 62. The tip 56, vamp 58 and counter 60 are each made of leather, and the collar 62 is made of fabric. These components are sewn together along their edge margins in a conventional manner to form the outer shell 52 of the shoe.)
Therefore, based on Koh’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Meir’s vamp assembly to include wherein the toe portion comprises leather and is stitched to the vamp body portion, as doing so would provide enhanced durability and comfort for the wearer.
As to Claim 10, McGinnity/Meir disclose the article of footwear of claim 8, but fails to disclose wherein the vamp assembly is configured to allow the laces to be thread underneath the tongue portion of the vamp assembly.
Koh teaches footwear having slow recovery liner and discloses wherein the vamp assembly is configured to allow the laces to be thread underneath the tongue portion of the vamp assembly (Col.4 and Lines 6-16; Koh teaching "A tongue, generally designated by 80, is sewn to the upper 24 at the bottom of the split 72 so it extends upward and rearward under the split. As illustrated in FIG. 4, the tongue 80 is made of three layers of material, an outer layer 82, a middle layer 84 and an inner layer 86.") (Figure 2; Koh) (As illustrated in FIGS. 1-3, the outer shell 52 comprises a tip 56, a vamp 58, a counter 60, and a collar 62. The tip 56, vamp 58 and counter 60 are each made of leather, and the collar 62 is made of fabric. These components are sewn together along their edge margins in a conventional manner to form the outer shell 52 of the shoe).
Therefore, based on Koh’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Meir’s vamp assembly to include wherein the vamp assembly is configured to allow the laces to be thread underneath the tongue portion of the vamp assembly, as doing so would provide enhanced durability and comfort for the wearer.
Claims 16-17 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity) in view of United States Patent Application No. US 2017/0238644 A1 to Adrian Meir, (herein after "Meir"), as to claim 13 above, and in view of United States Patent Application No. US 2015/0272274 A1 to Berns et al., (herein after "Berns").
As to Claim 16, McGinnity/Meir disclose the article of footwear of claim 13, but fail to disclose wherein the diameter of the second thread in the second knit zone is between about 1.0 millimeter and about 15 millimeters.
Berns teaches footwear including textile element and discloses wherein the diameter of the second thread in the second knit zone is between about 1.0 millimeter and about 15 millimeters (Paragraph 0025; Berns teaching "The diameter of the strands 215A, 215B may possess any diameter suitable for their described purpose (i.e., to form a self-supporting embroidered structure/form a footwear upper). By way of example, the thread components may be from about 0.003 mm to about 5 mm (e.g., 0.05 mm to 1 mm) in diameter.").
Therefore, based on Berns’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Meir’s thread to include wherein the diameter of the second thread in the second knit zone is between about 1.0 millimeter and about 15 millimeters, as doing so would provide enhanced durability the wearer. As this would be the simple substitution of one thread for another with the reasonable expectation that one thread would perform equally as well as another.
As to Claim 17, McGinnity/Meir disclose the article of footwear of claim 13, but fails to disclose wherein the diameter of the third thread in the third knit zone is between about 1.0 millimeter and about 20 millimeters.
Berns teaches footwear including textile element and discloses wherein the diameter of the third thread in the third knit zone is between about 1.0 millimeter and about 20 millimeters (Paragraph 0025; Berns teaching "The diameter of the strands 215A, 215B may possess any diameter suitable for their described purpose (i.e., to form a self-supporting embroidered structure/form a footwear upper). By way of example, the thread components may be from about 0.003 mm to about 5 mm (e.g., 0.05 mm to 1 mm) in diameter.").
Therefore, based on Berns’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Meir’s thread to include wherein the diameter of the third thread in the third knit zone is between about 1.0 millimeter and about 20 millimeters, as doing so would provide enhanced durability the wearer. As this would be the simple substitution of one thread for another with the reasonable expectation that one thread would perform equally as well as another.
Claims 18-19 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity) in view of International Application Publication No. WO 2019/206423 A1 to DONOVAN, Patrick, (herein after "Donovan”).
As to Claim 18, McGinnity discloses an article of footwear (Footwear 100; McGinnity) defining a forefoot region, a midfoot region, a heel region, a medial side, and a lateral side (Footwear 100; McGinnity)(forefoot portion 110; McGinnity ~ regarding a forefoot region)(midfoot portion 112; McGinnity ~ regarding a midfoot region)(heel portion 114; McGinnity ~ regarding a heel region)(lateral side 108; McGinnity ~ regarding a lateral side) (medial side 106; McGinnity ~ regarding a medial side), the article of footwear comprising: an upper (upper 120; McGinnity ~ regarding an upper) with an outer surface (upper 120; McGinnity ~ regarding an upper)(outer surface 1804 or paragraphs 0009, 0062, 0064; McGinnity ~ regarding an outer surface); a heel element secured to the upper proximate to a heel region (heel counter 300; McGinnity ~ regarding heel element) (Figure 3; McGinnity); and a sole structure (sole 180; McGinnity ~ regarding a sole structure), wherein the upper (upper 120; McGinnity ~ regarding an upper) includes a knit fabric forming a first knit zone having a first elasticity, a second knit zone having a second elasticity, and a third knit zone having a third elasticity (paragraphs 0070, 0074, 0082; McGinnity teaching a base layer 602 having a knitted material~ regarding a knitted fabric)(first area 640; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a first knit zone having a first elasticity)(second area 650; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a second knit zone having a first elasticity) (third area 660; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a third knit zone having a first elasticity, but fails to disclose wherein the first knit zone is disposed within the forefoot region, the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region, and wherein the second elasticity is greater than the third elasticity.
Donovan teaches shoes and discloses wherein the first knit zone is disposed within the forefoot region, the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region (first knit zone (foremost region) and a second knit zone (central region) (See Page 5, Lines 26-30; Donovan, teaching three (3) zones, "The shoe upper can be structured in different zones along the longitudinal extension of the shoe upper and namely in a (foremost) vamp, a central region (with the sets of openings) and a (rear) heel region.") ((rear) heel region) (See Figures 1-3, and Page 5, Lines 26-30; Donovan, teaching three (3) zones, "The shoe upper can be structured in different zones along the longitudinal extension of the shoe upper and namely in a (foremost) vamp, a central region (with the sets of openings) and a (rear) heel region.").
Therefore, based on Donovan’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity’s knit zones to include wherein the first knit zone is disposed within the forefoot region the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region, as doing so would provide improved comfort with more or less support and tightening respectively in specific areas of the shoe upper for the wearer.
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As to Claim 19, McGinnity/Donovan disclose the article of footwear of claim 18, wherein the knit fabric includes a plurality of peaks and troughs (See Figure 10; McGinnity, teaching wherein the knit fabric includes a plurality of peaks and troughs).
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Claim 20 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2022/0333286 A1 to Daniel MCGINNITY, (herein after "McGinnity) in view of United States Patent Application No. US 2018/0020763 A1 to Hipp et al., (herein after "Hipp") and further in view of International Application Publication No. WO 2019/206423 A1 to DONOVAN, Patrick, (herein after "Donovan”) in view of United States Patent Application No. US 2017/0238644 A1 to Adrian Meir, (herein after "Meir").
As to Claim 20, McGinnity discloses an article of footwear (Footwear 100; McGinnity) defining a forefoot region, a midfoot region, a heel region, a medial side, and a lateral side (Footwear 100; McGinnity)(forefoot portion 110; McGinnity ~ regarding a forefoot region)(midfoot portion 112; McGinnity ~ regarding a midfoot region)(heel portion 114; McGinnity ~ regarding a heel region)(lateral side 108; McGinnity ~ regarding a lateral side) (medial side 106; McGinnity ~ regarding a medial side), the article of footwear comprising: an upper (upper 120; McGinnity ~ regarding an upper) with an outer surface (upper 120; McGinnity ~ regarding an upper)(outer surface 1804 or paragraphs 0009, 0062, 0064; McGinnity ~ regarding an outer surface); a heel element secured to the upper proximate to a heel region (heel counter 300; McGinnity ~ regarding heel element)(Figure 3; McGinnity); and a sole structure (sole 180; McGinnity ~ regarding a sole structure), wherein the upper (upper 120; McGinnity ~ regarding an upper) includes a knit fabric having a first knit zone having a first elasticity, a second knit zone having a second elasticity, a third knit zone having a third elasticity (paragraphs 0070, 0074, 0082 and 0137-0140; McGinnity teaching a base layer 602 having a knitted material~ regarding a knitted fabric)(first area 640; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a first knit zone having a first elasticity)(second area 650; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a second knit zone having a first elasticity) (third area 660; McGinnity teaching ventilation, insulation, stretchability, and strength. ~ regarding a third knit zone having a first elasticity), wherein each of the first elasticity, the second elasticity, and the third elasticity are different (paragraphs 0065, 0079-0080; McGinnity ~ regarding a first, second or third stretchability and thereby teaching wherein each of the first elasticity, the second elasticity, and the third elasticity are different.) but fails to disclose a membrane layer affixed to the knit fabric, wherein the first knit zone is disposed within the forefoot region, the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region, wherein the first knit zone comprises a first thread having a first diameter, the second knit zone comprises a second thread having a second diameter, and the third knit zone comprises a third thread having a third diameter, and wherein the first diameter is smaller than the second diameter, and the second diameter is smaller than the third diameter.
Hipp teaches articles of footwear with multiple layers and discloses further comprising a membrane layer affixed to the knit fabric (124; Hipp ~ regarding a membrane layer)(knit layer 120;Hipp ~ regarding the knit fabric) (Paragraph 0041; membrane; Hipp ~ regarding a membrane layer capable of transferring moisture from inside of the article of footwear while preventing moisture from entering an inside of the article of footwear from an outside of the article of footwear).
Therefore, based on Hipp’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Meir’s footwear to include a membrane layer affixed to the knit fabric, as doing so would provide additional structure to the upper and cushioning for the wearer.
Donovan teaches shoes and discloses wherein the first knit zone is disposed within the forefoot region, the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region (first knit zone (foremost region) and a second knit zone (central region) (See Page 5, Lines 26-30; Donovan, teaching three (3) zones, "The shoe upper can be structured in different zones along the longitudinal extension of the shoe upper and namely in a (foremost) vamp, a central region (with the sets of openings) and a (rear) heel region.") ((rear) heel region) (See Figures 1-3, and Page 5, Lines 26-30; Donovan, teaching three (3) zones, "The shoe upper can be structured in different zones along the longitudinal extension of the shoe upper and namely in a (foremost) vamp, a central region (with the sets of openings) and a (rear) heel region.").
Therefore, based on Donovan’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity/Hipp’s knit zones to include wherein the first knit zone is disposed within the forefoot region, the second knit zone is disposed within the midfoot region, and the third knit zone is disposed within the heel region, as doing so would provide improved comfort with more or less support and tightening respectively in specific areas of the shoe upper for the wearer.
Meir teaches knitted components exhibiting color shifting effects in footwear and discloses wherein the first knit zone comprises a first thread having a first diameter, the second knit zone comprises a second thread having a second diameter, and the third knit zone comprises a third thread having a third diameter (See Paragraphs 0064,0065, 0072-0080 and specifically Paragraph 00136, Meir US 20170238644, “First yarn type 2611, second yarn type 2612, and third yarn type 2613 may differ in additional or alternative ways, including diameter, denier, elasticity, texture, or visual properties such as color, finish, texture, and pattern.” As doing so, provides strength, stretch, durability, additional qualities, or a combination thereof for the wearer (See para. 0136; Meir), and wherein the first diameter is smaller than the second diameter, and the second diameter is smaller than the third diameter (See Paragraphs 0064,0065, 0072-0080 and specifically Paragraph 00136, Meir “First yarn type 2611, second yarn type 2612, and third yarn type 2613 may differ in additional or alternative ways, including diameter, denier, elasticity, texture, or visual properties such as color, finish, texture, and pattern.”).
Therefore, based on Meir’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified McGinnity’s plurality of knit zones and threads to include wherein the first knit zone comprises a first thread having a first diameter, the second knit zone comprises a second thread having a second diameter, and the third knit zone comprises a third thread having a third diameter, and wherein the first diameter is smaller than the second diameter, and the second diameter is smaller than the third diameter, as doing so, provides strength, stretch, durability, additional qualities, or a combination thereof for the wearer (See para. 0136; Meir).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and can be found in PTO-892 for submitted herewith. The cited
prior art reference to Bartys (US 20220298683 A1) is of particular relevance to the
claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm EST.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732