DETAILED ACTION
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 Claims
This is in response to Application filed on December 19, 2024 in which claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 16 recites “a maximum tilting angle is greater than or equal to 5 degrees and less than or equal to 10”, which is indefinite since it is unclear as to the degrees that are included in the claim. Here, the limitation “greater than or equal to 5 degrees” includes a maximum tilt degree of 5 and greater, and the limitation “less than or equal to 10”, includes degrees 9 through 0, here, the limitation “less than or equal to 10” includes degrees 4 through 0, and the limitation “greater than or equal to 5 degrees”, does not include the degrees of 4-0, making it unclear as to which degrees are encompassed by the claim.
Claim 20 recites “the foot support element”, there is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites “the ground facing element”, there is insufficient antecedent basis for this limitation in the claim.
All dependent claims are rejected for depending from a rejected base claim.
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.
Claims 1-12, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Drollinger et al. (2009/0272011)[Drollinger].
Regarding claim 1, Drollinger teaches, a sole structure for a shoe (1, [0048], figure 1), wherein the sole structure comprises: a slider element configured to slide in a transverse direction of the sole structure, wherein the slider element is configured to slide towards a medial side of the sole structure when pressure is applied to a lateral portion of the sole structure, and wherein the slider element is configured to slide towards a lateral side of the sole structure when pressure is applied to a medial portion of the sole structure (“The sports shoe illustrated in FIG. 1 to 3 comprises a sole 1 provided with guide means consisting of four arc-shaped grooves 2 to 5 in the region of the forefoot and two further arc-shaped grooves 6 and 7 in the region of the heel, which grooves are arranged concentrically one relative to the other and whose center points M, M.sub.5, M.sub.6 lie between the forefoot region and the region of the heel and partly coincide one with the other. Each of the grooves 2 to 7 accommodates a slide 12 to 17, which serves as support and which is a little shorter than the respective groove.”, [0048], “The slides 12 to 17 have a starting position and an end position in the grooves 2 to 7. FIG. 1 shows the end position. In their starting position, they can abut against the opposite end of the groove, in certain cases against a return spring provided before the end of the grooves 2 to 7. The path of movement of the slides 12 to 17 between their starting position and their end position defines the angle over which the sports shoe can follow the swinging movement of a person's body.”, [0050], therefore, wherein 1 comprises: 12-17 configured to slide in a transverse direction of 1, wherein 12-17 is configured to slide towards a medial side of 1 when pressure is applied to a lateral portion of 1, and wherein 12-17 is configured to slide towards a lateral side of 1 when pressure is applied to a medial portion of 1, figure 1,see also [0051], [0052] and [0053], figures 4-6).
Regarding claim 2, Drollinger teaches, wherein the sole structure is configured such that a thickness of the medial portion of the sole structure increases when the slider element slides towards the medial side of the sole structure, and wherein the sole structure is configured such that a thickness of the lateral portion of the sole structure increases when the slider element slides towards the lateral side of the sole structure (“Each of the grooves 2 to 7 accommodates a slide 12 to 17, which serves as support and which is a little shorter than the respective groove. The foremost slide 12 carries a spike 9, each of the remaining slides 13 to 17 carries two spikes 9, the spikes being all arranged near the ends of the slides 13 to 17. The spikes 9 are received in threaded bushes 10 embedded in the slides 12 to 17, and are screwed into the bush by a threaded extension 11”, [0048], therefore, wherein 1 is configured such that a thickness of the medial portion of 1 increases when 12-17 slides towards the medial side of 1, and wherein 1 is configured such that a thickness of the lateral portion of 1 increases when 12-17 slides towards the lateral side of 1, here, with 12-17 receiving spikes 9, as 12-17 slides the thickness of 1 increases as 12-17 slides towards the medial side or the lateral side as claimed, figure 1).
Regarding claim 3, Drollinger teaches, wherein the sliding of the slider element causes a top surface of the sole structure to tilt with respect to a lower surface of the sole structure (“The path of movement of the slides 12 to 17 between their starting position and their end position defines the angle over which the sports shoe can follow the swinging movement of a person's body. “, [0050], therefore, wherein the sliding of 12-17 causes a top surface of 1 to tilt with respect to a lower surface of 1).
Regarding claim 4, Drollinger teaches, further comprising a foot support element configured to interact with the slider element, such that the slider element slides towards the medial side of the sole structure when pressure is applied to a lateral portion of the foot support element and such that the slider element slides towards the lateral side of the sole structure when pressure is applied to a medial portion of the foot support element (“Each of the grooves 2 to 7 accommodates a slide 12 to 17, which serves as support and which is a little shorter than the respective groove. The foremost slide 12 carries a spike 9, each of the remaining slides 13 to 17 carries two spikes 9, the spikes being all arranged near the ends of the slides 13 to 17. The spikes 9 are received in threaded bushes 10 embedded in the slides 12 to 17, and are screwed into the bush by a threaded extension 11.”, [0048], “The slides 12 to 17 are held in the grooves 2 to 7 displaceably, but undetachably, being connected with the grooves in the way of a groove-and-tongue connection, as illustrated in FIG. 2.”, [0049], therefore, further comprising 2-7 configured to interact with 12-17, such that 12-17 slides towards the medial side of 1 when pressure is applied to a lateral portion of 2-7 and such 12-17 slides towards the lateral side of 1 when pressure is applied to a medial portion of 2-7, figures 1-3 and 5-6).
Regarding claim 5, Drollinger teaches, further comprising: at least one gliding surface which is tilted relative to a horizontal plane defined by the sole structure; and at least one pressure element which is configured to interact with the gliding surface such that the slider element is caused to slide when pressure is applied to the sole structure (“Another groove 26, extending in the slide 16 concentrically to the arc-shaped groove 18 and beside the latter, is open on its one end and closed on its other end, thereby forming a stop 25 which finally abuts against a stop 24 when the slide 16 is pushed out of the groove 6, the stop 24 being formed by a nose projecting from the sole into the groove 6.”, [0053], therefore, further comprising: at least one 2-7 which is tilted relative to a horizontal plane defined by 1; and at least one 24/25 which is configured to interact with 2-7 such that 12-17 is caused to slide when pressure is applied to 1, [0048], [0049], [0050], [0053], figures 1, 2 and 6).
Regarding claim 6, Drollinger teaches, wherein at least one end of the slider element comprises the at least one gliding surface or the at least one pressure element (wherein at least one end of 12-17 comprises the at least one gliding surface or the at least one 25 of 25/24, [0053], figures 1 and 6).
Regarding claim 7, Drollinger teaches, further comprising a ground facing element, wherein the slider element is sandwiched between the ground facing element and the foot support element (“The foremost slide 12 carries a spike 9, each of the remaining slides 13 to 17 carries two spikes 9, the spikes being all arranged near the ends of the slides 13 to 17. The spikes 9 are received in threaded bushes 10 embedded in the slides 12 to 17, and are screwed into the bush by a threaded extension 11.”, [0048], therefore, further comprising 9, wherein 12-17 is sandwiched between 9 and 2-7, figures 1-3 and 5-6).
Regarding claim 8, Drollinger teaches, wherein at least one of the ground facing element or the foot support element comprises a gliding surface (“Each of the grooves 2 to 7 accommodates a slide 12 to 17, which serves as support and which is a little shorter than the respective groove. The foremost slide 12 carries a spike 9, each of the remaining slides 13 to 17 carries two spikes 9, the spikes being all arranged near the ends of the slides 13 to 17. The spikes 9 are received in threaded bushes 10 embedded in the slides 12 to 17, and are screwed into the bush by a threaded extension 11.”, [0048], “The slides 12 to 17 are held in the grooves 2 to 7 displaceably, but undetachably, being connected with the grooves in the way of a groove-and-tongue connection, as illustrated in FIG. 2.”, [0049], therefore, wherein at least one of the ground facing element or 2-7 comprises a gliding surface, figures 1-3 and 5-6).
Regarding claim 9, Drollinger teaches, wherein the slider element is arranged in a forefoot portion of the sole structure corresponding to metatarsal fat pads (wherein 12-14 of 12-17 are arranged in a forefoot portion of 1 corresponding to metatarsal fat pads, figure 1).
Regarding claim 10, Drollinger teaches, further comprising an upper gliding element or a lower gliding element, wherein the upper gliding element or the lower gliding element is configured to interact with the slider element (“Each of the grooves 2 to 7 accommodates a slide 12 to 17, which serves as support and which is a little shorter than the respective groove. The foremost slide 12 carries a spike 9, each of the remaining slides 13 to 17 carries two spikes 9, the spikes being all arranged near the ends of the slides 13 to 17. The spikes 9 are received in threaded bushes 10 embedded in the slides 12 to 17, and are screwed into the bush by a threaded extension 11.”, [0048], “The slides 12 to 17 are held in the grooves 2 to 7 displaceably, but undetachably, being connected with the grooves in the way of a groove-and-tongue connection, as illustrated in FIG. 2.”, [0049], therefore, further comprising an upper gliding element or 2-7, wherein the upper gliding element or 2-7 is configured to interact with 12-17, figures 1-3 and 5-6).
Regarding claim 11, Drollinger teaches, wherein the upper gliding element or the lower gliding element comprise at least one gliding surface which is tilted relative to a horizontal plane defined by the sole structure and configured to interact with a gliding surface or a pressure element of the slider element such that the slider element is caused to slide when pressure is applied to the sole structure (“Each of the grooves 2 to 7 accommodates a slide 12 to 17, which serves as support and which is a little shorter than the respective groove. The foremost slide 12 carries a spike 9, each of the remaining slides 13 to 17 carries two spikes 9, the spikes being all arranged near the ends of the slides 13 to 17. The spikes 9 are received in threaded bushes 10 embedded in the slides 12 to 17, and are screwed into the bush by a threaded extension 11.”, [0048], “The slides 12 to 17 are held in the grooves 2 to 7 displaceably, but undetachably, being connected with the grooves in the way of a groove-and-tongue connection, as illustrated in FIG. 2.”, [0049], “The slides 12 to 17 have a starting position and an end position in the grooves 2 to 7. FIG. 1 shows the end position. In their starting position, they can abut against the opposite end of the groove, in certain cases against a return spring provided before the end of the grooves 2 to 7. The path of movement of the slides 12 to 17 between their starting position and their end position defines the angle over which the sports shoe can follow the swinging movement of a person's body.”, [0050], therefore, wherein the upper gliding element or 2-7 comprise at least one gliding surface which is tilted relative to a horizontal plane defined by 1 and configured to interact with a gliding surface or a pressure element of 12-17 such that 12-17 is caused to slide when pressure is applied to 1).
Regarding claim 12, Drollinger teaches, wherein the upper gliding element or the lower gliding element comprise at least one pressure element which is configured to interact with a gliding surface of the slider element such that the slider element is caused to slide when pressure is applied to the sole structure (“Another groove 26, extending in the slide 16 concentrically to the arc-shaped groove 18 and beside the latter, is open on its one end and closed on its other end, thereby forming a stop 25 which finally abuts against a stop 24 when the slide 16 is pushed out of the groove 6, the stop 24 being formed by a nose projecting from the sole into the groove 6.”, [0053], therefore, wherein the upper gliding element or 2-7 comprise at least 24 which is configured to interact with a gliding surface of 12-17 such that 12-17 is caused to slide when pressure is applied to 1, figures 1-3 and 5-6).
Regarding claim 17, Drollinger teaches, wherein the sole structure is configured such that a tilting in only one of a medial direction or a lateral direction is possible (wherein 1 is configured such that a tilting in only one of a medial direction or a lateral direction is possible, [0048], [0051], [0052], [0053], figures 1-3 and 5-6).
Regarding claim 18, Drollinger teaches, wherein a first end of the slider element comprises a first gliding surface and a second end of the slider element comprises a second gliding surface, wherein the first gliding surface is essentially flat and, wherein the second gliding surface comprises a concave shape (“he upper surface of the slide 14 is provided with an arc-shaped groove 18, which is closed toward the walking surface of the sole 1, but open toward the base of the groove 4, and which receives a return spring 19 in the form of a helical spring that has its two ends fixed on a steel cable 20, 21.”, [0052], “Another groove 26, extending in the slide 16 concentrically to the arc-shaped groove 18 and beside the latter, is open on its one end and closed on its other end, thereby forming a stop 25 which finally abuts against a stop 24 when the slide 16 is pushed out of the groove 6, the stop 24 being formed by a nose projecting from the sole into the groove 6.”, [0053], therefore, wherein a first end of 12-17 comprises 18 and a second end of 12-17 comprises 26, wherein 18 is essentially flat and, wherein 26 comprises a concave shape, figures 1-3 and 5-6).
Claims 1-5, 7-12, 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Orand (2016/0227884).
Regarding claim 1, Orand teaches, a sole structure for a shoe (14, [0022], figures 1 and 3), wherein the sole structure comprises: a slider element configured to slide in a transverse direction of the sole structure, wherein the slider element is configured to slide towards a medial side of the sole structure when pressure is applied to a lateral portion of the sole structure, and wherein the slider element is configured to slide towards a lateral side of the sole structure when pressure is applied to a medial portion of the sole structure (“In the exemplary embodiment of FIGS. 1 and 2, the track shoe includes two spike assemblies 20 spaced apart in the forefront region 18a of the plate 18, as shown. In the exemplary embodiment of FIGS. 3 and 4, the track shoe includes three spike assemblies 20 spaced apart in the forefront region 18a of the plate 18, as shown. The spike assemblies 20 are configured to move the spike plate and spikes between a flat position where the surface engaging area of the spikes, represented by Axis “B”, are substantially parallel to Axis “A” of the track shoe 10 (as seen in FIG. 10), and a banking position where the surface engaging area of the spikes, represented by Axis “B”, are at an angle relative to Axis “A” of the track shoe 10 (as seen in FIG. 11). The angle relative to Axis “A” is in the range of between about 5 degrees and about 15 degrees, and preferably the angle is 10 degrees. It should be noted that the spike assemblies according to the present disclosure are preferably constructed similar to a four-bar linkage system, except the links are replaced with cams.”, [0025], “As seen in FIGS. 8 and 9, cam members 46 are configured to ride along cam surfaces 26a and 28a of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position. Cam members 48 are configured to ride along cam surfaces 26b and 28b of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position.”, [0030], therefore, wherein 14 comprises: 46/48 configured to slide in a transverse direction of 14, wherein 46/48 is configured to slide towards a medial side of 14 when pressure is applied to a lateral portion of 14, and wherein 46/48 is configured to slide towards a lateral side of 1 when pressure is applied to a medial portion of 14, figure 1-9).
Regarding claim 2, Orand teaches, wherein the sole structure is configured such that a thickness of the medial portion of the sole structure increases when the slider element slides towards the medial side of the sole structure, and wherein the sole structure is configured such that a thickness of the lateral portion of the sole structure increases when the slider element slides towards the lateral side of the sole structure (“Turing to FIGS. 10-12, when a runner is banking on a turn of a track, seen in FIG. 9, the weight and angle of the runner relative to the running surface, here a track, applies lateral force to the linkage assembly. When the lateral force applied exceeds a predetermined number, the linkage assembly activates so that the spike plate 40 automatically moves from the flat position (shown in FIG. 10) to the banking position (shown in FIG. 11). When the runner returns to a non-banking part of the running surface, the position of the runner again shifts so that the weight and angle of the runner applies a vertical force to the linkage assembly. When the vertical force applied exceeds a predetermined number, the linkage assembly again activates so that the spike plate 40 automatically moves from the banking position to the flat position.”, [0035], therefore, wherein 14 is configured such that a thickness of the medial portion of 14 increases when 46/48 slides towards the medial side of 14, and wherein 14 is configured such that a thickness of the lateral portion of 14 increases when 46/48 slides towards the lateral side of 14, figures 10-12).
Regarding claim 3, Orand teaches, wherein the sliding of the slider element causes a top surface of the sole structure to tilt with respect to a lower surface of the sole structure (“As seen in FIGS. 8 and 9, cam members 46 are configured to ride along cam surfaces 26a and 28a of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position. Cam members 48 are configured to ride along cam surfaces 26b and 28b of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position.”, [0030], “Turing to FIGS. 10-12, when a runner is banking on a turn of a track, seen in FIG. 9, the weight and angle of the runner relative to the running surface, here a track, applies lateral force to the linkage assembly. When the lateral force applied exceeds a predetermined number, the linkage assembly activates so that the spike plate 40 automatically moves from the flat position (shown in FIG. 10) to the banking position (shown in FIG. 11). When the runner returns to a non-banking part of the running surface, the position of the runner again shifts so that the weight and angle of the runner applies a vertical force to the linkage assembly. When the vertical force applied exceeds a predetermined number, the linkage assembly again activates so that the spike plate 40 automatically moves from the banking position to the flat position.”, [0035], therefore, wherein the sliding of 46/48 causes a top surface of 14 to tilt with respect to a lower surface of 14, figures 10-12).
Regarding claim 4, Orand teaches, further comprising a foot support element configured to interact with the slider element, such that the slider element slides towards the medial side of the sole structure when pressure is applied to a lateral portion of the foot support element and such that the slider element slides towards the lateral side of the sole structure when pressure is applied to a medial portion of the foot support element (“Referring to FIGS. 5-7, exemplary embodiments of spike assemblies are shown. The spike assembly 20 includes a spike support member 22 that can either be molded into or secured to the sole 14…Preferably, the spike support member 22 has a base 24 and side walls 26 and 28 extending from the base such that the base and side walls form a channel 30.”, [0026], “As seen in FIGS. 8 and 9, cam members 46 are configured to ride along cam surfaces 26a and 28a of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position. Cam members 48 are configured to ride along cam surfaces 26b and 28b of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position.” [0030], therefore, further comprising 22 (which includes 26 and 28) configured to interact with 46/48 such that 46/48 slides towards the medial side of 14 when pressure is applied to a lateral portion of 22 and such 46/48 slides towards the lateral side of 14 when pressure is applied to a medial portion of 22, figures 4-7).
Regarding claim 5, Orand teaches, further comprising: at least one gliding surface which is tilted relative to a horizontal plane defined by the sole structure; and at least one pressure element which is configured to interact with the gliding surface such that the slider element is caused to slide when pressure is applied to the sole structure (“As noted, the spike plate 40 is movably secured to the spike support member 22 within the channel 30. A linkage assembly is used to facilitate movement of the spike plate 40 and the spikes 44. In one embodiment shown in FIG. 5, the linkage assembly includes guide opening or j-shaped slot 60 in spike plate 40, mounting aperture 62 in each side wall 26 and 28, and guide member 64, such as a nut and bolt, or pin, that can pass through the side walls and rest within the guide opening 60. In this linkage assembly, the guide member 64 performs a number of functions. First, the guide member 64 acts as a fastener to movably secure the spike plate 40 to the spike support member 22. Second, the guide member 64 acts as a guide link controlling movement of the spike plate 40 (and thus the spikes 44) between the flat position and the banking position. Third, the guide member 64, working with guide opening 60, acts as a stop to limit the movement of the spike plate 40. The guide member 64 acts as a focal point for movement of the spike plate 40 between the flat position and the banking position.”, [0053], therefore, further comprising: at least one 60 which is tilted relative to a horizontal plane defined by 14; and at least one 64 which is configured to interact with 60 such that 46/48 is caused to slide when pressure is applied to 14, figure 5).
Regarding claim 7, Orand teaches, further comprising a ground facing element, wherein the slider element is sandwiched between the ground facing element and the foot support element (therefore, further comprising 44, wherein 46/48 is sandwiched between 44 and 22, figures 1-5).
Regarding claim 8, Orand teaches, wherein at least one of the ground facing element or the foot support element comprises a gliding surface (“(“Cam members 46 and 48 are secured to each end of the spike plate 40 using known fastening techniques. For example, the cam members 46 and 48 may be secured to each spike plate 40 by passing screw 50 through one cam member 46 and the spike plate 40 into threaded cam member 48, as shown…As seen in FIGS. 8 and 9, cam members 46 are configured to ride along cam surfaces 26a and 28a of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position. Cam members 48 are configured to ride along cam surfaces 26b and 28b of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position.”, [0030], “As noted, the spike plate 40 is movably secured to the spike support member 22 within the channel 30. A linkage assembly is used to facilitate movement of the spike plate 40 and the spikes 44. In one embodiment shown in FIG. 5, the linkage assembly includes guide opening or j-shaped slot 60 in spike plate 40, mounting aperture 62 in each side wall 26 and 28, and guide member 64, such as a nut and bolt, or pin, that can pass through the side walls and rest within the guide opening 60. In this linkage assembly, the guide member 64 performs a number of functions. First, the guide member 64 acts as a fastener to movably secure the spike plate 40 to the spike support member 22. Second, the guide member 64 acts as a guide link controlling movement of the spike plate 40 (and thus the spikes 44) between the flat position and the banking position. Third, the guide member 64, working with guide opening 60, acts as a stop to limit the movement of the spike plate 40. The guide member 64 acts as a focal point for movement of the spike plate 40 between the flat position and the banking position.”, [0031], therefore, wherein at least one of the ground facing element or 22 comprises a gliding surface, figures 1-5).
Regarding claim 9, Orand teaches, wherein the slider element is arranged in a forefoot portion of the sole structure corresponding to metatarsal fat pads (wherein 46/48 are arranged in a forefoot portion of 14 corresponding to metatarsal fat pads, figures 1-4 and 10-12).
Regarding claim 10, Orand teaches, further comprising an upper gliding element or a lower gliding element, wherein the upper gliding element or the lower gliding element is configured to interact with the slider element (“Cam members 46 and 48 are secured to each end of the spike plate 40 using known fastening techniques. For example, the cam members 46 and 48 may be secured to each spike plate 40 by passing screw 50 through one cam member 46 and the spike plate 40 into threaded cam member 48, as shown…As seen in FIGS. 8 and 9, cam members 46 are configured to ride along cam surfaces 26a and 28a of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position. Cam members 48 are configured to ride along cam surfaces 26b and 28b of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position.”, [0030], therefore, further comprising 26 or 28, wherein the 26 or 28 is configured to interact with 46/48, figures 1-5 and 8-12).
Regarding claim 11, Orand teaches, wherein the upper gliding element or the lower gliding element comprise at least one gliding surface which is tilted relative to a horizontal plane defined by the sole structure and configured to interact with a gliding surface or a pressure element of the slider element such that the slider element is caused to slide when pressure is applied to the sole structure (“Cam members 46 and 48 are secured to each end of the spike plate 40 using known fastening techniques. For example, the cam members 46 and 48 may be secured to each spike plate 40 by passing screw 50 through one cam member 46 and the spike plate 40 into threaded cam member 48, as shown…As seen in FIGS. 8 and 9, cam members 46 are configured to ride along cam surfaces 26a and 28a of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position. Cam members 48 are configured to ride along cam surfaces 26b and 28b of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position.”, [0030], “As noted, the spike plate 40 is movably secured to the spike support member 22 within the channel 30. A linkage assembly is used to facilitate movement of the spike plate 40 and the spikes 44. In one embodiment shown in FIG. 5, the linkage assembly includes guide opening or j-shaped slot 60 in spike plate 40, mounting aperture 62 in each side wall 26 and 28, and guide member 64, such as a nut and bolt, or pin, that can pass through the side walls and rest within the guide opening 60. In this linkage assembly, the guide member 64 performs a number of functions. First, the guide member 64 acts as a fastener to movably secure the spike plate 40 to the spike support member 22. Second, the guide member 64 acts as a guide link controlling movement of the spike plate 40 (and thus the spikes 44) between the flat position and the banking position. Third, the guide member 64, working with guide opening 60, acts as a stop to limit the movement of the spike plate 40. The guide member 64 acts as a focal point for movement of the spike plate 40 between the flat position and the banking position.”, [0031], therefore, wherein 26 or 28 comprise at least one gliding surface which is tilted relative to a horizontal plane defined by 14 and configured to interact with a gliding surface or 64 such that 46/48 is caused to slide when pressure is applied to 14, figures 1-5 and 10-12, see also [0035]).
Regarding claim 12, Orand teaches, wherein the upper gliding element or the lower gliding element comprise at least one pressure element which is configured to interact with a gliding surface of the slider element such that the slider element is caused to slide when pressure is applied to the sole structure (“Cam members 46 and 48 are secured to each end of the spike plate 40 using known fastening techniques. For example, the cam members 46 and 48 may be secured to each spike plate 40 by passing screw 50 through one cam member 46 and the spike plate 40 into threaded cam member 48, as shown…As seen in FIGS. 8 and 9, cam members 46 are configured to ride along cam surfaces 26a and 28a of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position. Cam members 48 are configured to ride along cam surfaces 26b and 28b of walls 26 and 28, respectively, when the spike plate 40 and spikes 44 are moved between the flat position and the banking position.”, [0030], “As noted, the spike plate 40 is movably secured to the spike support member 22 within the channel 30. A linkage assembly is used to facilitate movement of the spike plate 40 and the spikes 44. In one embodiment shown in FIG. 5, the linkage assembly includes guide opening or j-shaped slot 60 in spike plate 40, mounting aperture 62 in each side wall 26 and 28, and guide member 64, such as a nut and bolt, or pin, that can pass through the side walls and rest within the guide opening 60. In this linkage assembly, the guide member 64 performs a number of functions. First, the guide member 64 acts as a fastener to movably secure the spike plate 40 to the spike support member 22. Second, the guide member 64 acts as a guide link controlling movement of the spike plate 40 (and thus the spikes 44) between the flat position and the banking position. Third, the guide member 64, working with guide opening 60, acts as a stop to limit the movement of the spike plate 40. The guide member 64 acts as a focal point for movement of the spike plate 40 between the flat position and the banking position.”, [0031], therefore, wherein 26 or 28 comprise at least one 64 which is configured to interact with a gliding surface of 46/48 such that 46/48 is caused to slide when pressure is applied to 1, figures 1-5 and 10-12).
Regarding claim 16, Orand teaches, wherein the tilting of the top surface of the sole structure with respect to a lower surface of the sole structure defines a tilting angle, wherein a maximum tilting angle is greater than or equal to 5 degrees and less than or equal to 10 degrees (“The spike assemblies 20 are configured to move the spike plate and spikes between a flat position where the surface engaging area of the spikes, represented by Axis “B”, are substantially parallel to Axis “A” of the track shoe 10 (as seen in FIG. 10), and a banking position where the surface engaging area of the spikes, represented by Axis “B”, are at an angle relative to Axis “A” of the track shoe 10 (as seen in FIG. 11). The angle relative to Axis “A” is in the range of between about 5 degrees and about 15 degrees, and preferably the angle is 10 degrees.”, [0025], therefore, wherein the tilting of the top surface of 14 with respect to a lower surface of 14 defines a tilting angle, wherein a maximum tilting angle is greater than or equal to 5 degrees and less than or equal to 10 degrees, examiner notes: Orand discloses a “range of between about 5 degrees and about 15 degrees, and preferably the angle is 10 degrees”, therefore, Orand discloses a maximum tilting angle is greater than or equal to 5 degrees and less than or equal to 10 degrees as claimed).
Regarding claim 17, Orand teaches, wherein the sole structure is configured such that a tilting in only one of a medial direction or a lateral direction is possible (wherein 14 is configured such that a tilting in only one of a medial direction or a lateral direction is possible, [0025], [0030], [0035], figures 1-5 and 10-12).
Regarding claim 19, Orand teaches, A shoe comprising: the sole structure of claim 1; and an upper coupled to the sole structure (“Referring to FIGS. 1 and 3, the track shoe 10 has an upper 12 and a sole 14. The upper 12 can be formed as any conventional upper configured to support the foot of a runner, in particular an upper adapted for use in a track shoe.”, [0022], therefore, 10 comprising: 14 of claim 1; and 12 coupled to 14).
Regarding claim 20, Orand teaches, wherein the upper is coupled to either the foot support element or the ground facing element (wherein 13 is coupled to either 22 or 44, figures 1-4 and 10-12).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Drollinger et al. (2009/0272011)[Drollinger].
Regarding claim 16, Drollinger teaches, wherein the tilting of the top surface of the sole structure with respect to a lower surface of the sole structure defines a tilting angle (“The path of movement of the slides 12 to 17 between their starting position and their end position defines the angle over which the sports shoe can follow the swinging movement of a person's body”, [0050], therefore, wherein the tilting of the top surface of 1 with respect to a lower surface of 1 defines a tilting angle, figure 1, see also [0013], [0014], and [0015]).
Even though Drollinger does not specifically disclose a maximum tilting angle is greater than or equal to 5 degrees and less than or equal to 10 degrees as claimed, Drollinger does disclose a tilting angle that follows the swinging movement of a person’s body. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to experiment with different tilting angle degrees in order to achieve an optimal configuration, since discovering the optimum or workable ranges of the durometer for the impact absorbing units involves only routine skill in the art. In re Aller, 105 USPQ 233. Here, by providing a maximum tilting angle greater than or equal to 5 degrees and less than or equal to 10 degrees, provides the wearer the ability to have a tilting angle that follows their swinging movement while also providing stability for the wearer since the tilt degree has a limit of 10 degrees.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Drollinger et al. (2009/0272011)[Drollinger] in view of Fisher (3,782,011).
Regarding claim 19, Drollinger teaches, A shoe comprising: the sole structure of claim 1 (“The sports shoe illustrated in FIG. 1 to 3 comprises a sole 1”, [0048], therefore, A shoe comprising: 1 of claim 1; and an upper coupled to the sole structure; (“The path of movement of the slides 12 to 17 between their starting position and their end position defines the angle over which the sports shoe can follow the swinging movement of a person's body”, [0050], here, since the shoe is disclosed as being worn, “which the sports shoe can follow the swinging movement of a person's body”, it would be expected that an upper would be coupled to 1, see also [0052]).
While Drollinger discloses a shoe with a sole structure in which the shoe is worn, see above, Drollinger does not explicitly disclose an upper coupled to the sole structure.
Fisher, a sport shoe that provides movement for cleats, abstract, teaches, an upper coupled to the sole structure (“The shoe 11 includes, as is usual, an upper portion 13 for enclosing the foot of a wearer, an inner sole (not shown), and an intermediate sole 14 to which the safety sole of the invention is secured. The safety sole includes conventional non-slip ground engaging means in the form of a toe cleat 16 and spaced apart pairs of heel and ball cleats 17. As is illustrated, one pair of the cleats 17 is provided for the heel of the wearer's foot, whereas two pairs of such cleats are provided on the sole for the ball of the wearer's foot.”, Col. 2 ln. 24-32, “More particularly, each pair of the cleats 17 are secured via threaded posts 18, spacers 19 and nuts 21 to a bar or plate 22 which extends generally transversely with respect to the longitudinal axis of the shoe, which axis is indicated by the line 23 in FIG. 1.”, Col. 2 ln. 52-56, therefore, 13 is coupled to 14/22, figures 1-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the shoe sole of Drollinger as being coupled to an upper as taught by Fisher to in order to provide an upper for the shoe “for enclosing the foot of a wearer”, additionally, Fisher discloses that “The shoe 11 includes, as is usual, an upper portion 13”, Col. 2 ln. 23-24.
Regarding claim 20, the combined references teach, wherein the upper is coupled to either the foot support element or the ground facing element (Fisher, “The shoe 11 includes, as is usual, an upper portion 13 for enclosing the foot of a wearer, an inner sole (not shown), and an intermediate sole 14 to which the safety sole of the invention is secured. The safety sole includes conventional non-slip ground engaging means in the form of a toe cleat 16 and spaced apart pairs of heel and ball cleats 17. As is illustrated, one pair of the cleats 17 is provided for the heel of the wearer's foot, whereas two pairs of such cleats are provided on the sole for the ball of the wearer's foot.”, Col. 2 ln. 24-32, “More particularly, each pair of the cleats 17 are secured via threaded posts 18, spacers 19 and nuts 21 to a bar or plate 22 which extends generally transversely with respect to the longitudinal axis of the shoe, which axis is indicated by the line 23 in FIG. 1.”, Col. 2 ln. 52-56, therefore, wherein 13 is coupled to either 14 or 17, see figure 2, therefore as combined above, the combined references teach, wherein the upper (13 of Fisher) is coupled to either 2-7 or 9 of Drollinger).
Allowable Subject Matter
Claims 13-15 have not been rejected with prior art. Claims 13-15 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 considered pertinent to applicant's disclosure.
1. 2009/0313858 by Andriacchi discloses a sole with a lateral and medial segment that shifts from an equilibrium position to an activated position from pressure to the users foot, see [0022], and figure 5.
2. 7,654,014 by Moore discloses a sole with medial plate that slides from pressure to the users foot to the instep side (medial side), see figure 1B.
3. 5,224,810 by Pitkin discloses a shoe sole with medial and lateral members that slides from pressure to the users foot.
4. 2012/0055047 by Youngs discloses a shoe sole with medial and lateral plates that slide relative to one another from pressure to the users foot, [0022], figure 6.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-5.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732