DETAILED ACTION
This is a Final Rejection for application 18/988,402 filed December 19, 2024. The present application claims priority to European Patent Application 23218688.2 filed on December 20, 2023. Claims 1-16 are currently pending.
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 .
Response to Amendment
The examiner acknowledges the amendments to the claims filed June 02, 2026.
The claim objections indicated in the Office action filed February 02, 2026 are overcome by the claim amendments and are hereby withdrawn.
The 112(b) claim rejections indicated in the Office action filed February 02, 2026 are overcome by the claim amendments and are hereby withdrawn.
The nonstatutory double patenting rejections indicated in the Office action filed February 02, 2026 are withdrawn in response to an approved terminal disclaimer filed May 28, 2026.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12 and 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Limitations were added to claims 1, 12 and 14 that weren’t previously recited so new grounds of rejection are presented below in response, so the arguments regarding Aceves not teaching these newly added limitations are moot.
Applicant's arguments directed to the 35 USC 103 rejections fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant asserts that the 103 rejections were not satisfactory but did not specifically challenge any of the references, so this argument amounts to a mere allegation of patentability.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0037966 (Aceves Tinajero et al.) in view of US 2015/0059206 (Lovett et al.).
Regarding claim 1, Aceves Tinajero discloses a knitted article for an orthopaedic brace, including at least one flat-knitted zone and at least one tunnel zone suitable for the integration of functional elements (Abstract – “In one aspect of the disclosure, a knitted component for use in an article of footwear may include a first layer with a multi-bed first area having a first surface and an opposite facing second surface. The knitted component may include a second layer with a second area overlapping the first area”; See Figs. 1-7.), comprising:
- a lower layer comprising several rows of knitted stitches obtained by knitting a first flat-knitted thread ([0047] – “Referring to FIGS. 3, 4, and 5 together, each knitted loop structure 204 may include an exterior area 240 and an interior area 244”; [0035] – “The knitted component 108 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process (e.g., with a flat knitting machine with one, two, or more needle beds, or with a circular knitting machine), a warp knitting process, or any other suitable knitting process.” The interior area 244 is interpreted as a lower layer and consists of several rows of knitted stitches obtained by knitting thread using a flat knitting machine.);
- an upper layer comprising several rows of knitted stitches obtained by knitting a second flat-knitted thread ([0047] – “Referring to FIGS. 3, 4, and 5 together, each knitted loop structure 204 may include an exterior area 240 and an interior area 244”; [0035] – “The knitted component 108 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process (e.g., with a flat knitting machine with one, two, or more needle beds, or with a circular knitting machine), a warp knitting process, or any other suitable knitting process.” The exterior area 240 is interpreted as an upper layer and consists of several rows of knitted stitches obtained by knitting thread using a flat knitting machine.);
wherein the flat-knitted zone consists of the lower layer and the upper layer connected to each other ([0049] – “the exterior and interior areas 240, 244 may be coextensive at a first and second groups 286, 290 of interlayer knit stitches, e.g., at course-wise boundaries of the exterior area 240.” Zones where the exterior and interior areas 240, 244 are connected are interpreted as flat-knitted zones.);
wherein each of the at least one tunnel zone comprises the lower layer and the upper layer detached from each other to define a containment pocket to allow the functional elements to pass and be kept in place ([0055] – “The one or more knitted loop structures 204 may receive a lace 236, strand, strap, or other object through passageways 232 formed by the exterior and interior areas 240, 244.”).
Aceves Tinajero does not disclose wherein a given of each of the at least one tunnel zone comprises at least one inlet and at least one outlet opening directed perpendicular to an extension direction of a given of each of the at least one tunnel zone for the insertion and/or extraction of the functional elements.
However, Lovett discloses lace guides that may be used to guide or direct a lace about an article; Figs. 28A-D. The lace guides are formed of multiple layers 2802 and have an inlet and outlet directed perpendicular to an extension direction of the guide; [0156]. The lace guide is interpreted as a tunnel.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the knitted loop structure 204 of Aceves Tinajero to have an inlet and outlet directed perpendicular to an extension of the knitted loop structure 204 as taught by Lovett. A skilled artisan would have been motivated to do so because Lovett teaches that the configuration allows for the lace to be directed along a desired lace path of the shoe ([0156]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to footwear with tubular knit structures forming tunnels.
Regarding claim 2, Aceves Tinajero in view of Lovett discloses the knitted article of claim 1, wherein the first and second flat-knitted threads are the same kind of flat-knitted thread at the tunnel zone ([0054] – “either the exterior or interior areas 240, 244 may include one or more courses knitted with thermoplastic yarns, e.g., thermoplastic polyurethane yarns, or yarns or strands of other materials sheathed in thermoplastic (such as a monofilament strand sheathed with thermoplastic polyurethane). To clarify, either of the exterior or interior areas 240, 244 may embody any combination of the aforementioned exemplary materials and additional materials appropriate for forming a knitted component.” Therefore, both the exterior and interior areas 240, 244 comprise a thermoplastic polyurethane yarn since either of the exterior or interior areas 240, 244 may embody any combination of the aforementioned exemplary materials appropriate for forming a knitted component.).
Regarding claim 3, Aceves Tinajero in view of Lovett discloses the knitted article of claim 1, wherein the first flat-knitted thread is different from the second flat-knitted thread at the tunnel zone ([0054] – “the interior area 244 may include one or more elasticated yarns with relatively high stretch. Suitable elasticated yarns may incorporate elastane fiber(s), such as those available from E.I. DuPont de Nemours Company under the LYCRA trademark.” Therefore, when an elasticized yarn is added to the interior area 244, the flat-knitted threads differ.).
Regarding claim 4, Aceves Tinajero in view of Lovett discloses the knitted article of claim 1, wherein each of the at least one tunnel zone comprises at least an inlet opening for inserting at least one functional element into the containment pocket (first and second openings 272, 274; [0055] – “The one or more knitted loop structures 204 may receive a lace 236, strand, strap, or other object through passageways 232 formed by the exterior and interior areas 240, 244.”).
Regarding claim 5, Aceves Tinajero in view of Lovett discloses the knitted article of claim 1, wherein the first and second flat-knitted threads comprise natural fibers and/or synthetic fibers ([0054] – “either the exterior or interior areas 240, 244 may include one or more courses knitted with thermoplastic yarns, e.g., thermoplastic polyurethane yarns, or yarns or strands of other materials sheathed in thermoplastic (such as a monofilament strand sheathed with thermoplastic polyurethane). To clarify, either of the exterior or interior areas 240, 244 may embody any combination of the aforementioned exemplary materials and additional materials appropriate for forming a knitted component.” Thermoplastic polyurethane yarns are synthetic fibers.).
Regarding claim 6, Aceves Tinajero in view of Lovett discloses the knitted article of claim 1, wherein the first and second flat-knitted threads comprise synthetic fibers ([0054] – “either the exterior or interior areas 240, 244 may include one or more courses knitted with thermoplastic yarns, e.g., thermoplastic polyurethane yarns, or yarns or strands of other materials sheathed in thermoplastic (such as a monofilament strand sheathed with thermoplastic polyurethane). To clarify, either of the exterior or interior areas 240, 244 may embody any combination of the aforementioned exemplary materials and additional materials appropriate for forming a knitted component.” Thermoplastic polyurethane yarns are synthetic fibers.).
Regarding claim 7, Aceves Tinajero in view of Lovett discloses the knitted article of claim 1, wherein the lower layer and the upper layer of each of the at least one tunnel zone are knitted together in several stitching points, the stitching points defining a contour that delimits each of the at least one tunnel zone from an adjacent flat-knitted zone ([0049] – “the exterior and interior areas 240, 244 may be coextensive at a first and second groups 286, 290 of interlayer knit stitches, e.g., at course-wise boundaries of the exterior area 240.” First and second groups 286, 290 of interlayer knit stitches are the stitching points which define the boundary between the tunnel zone and the adjacent flat-knitted zone.).
Regarding claim 14, Aceves Tinajero discloses a method for making a knitted article for an orthopaedic brace, including at least one flat-knitted zone and at least one tunnel zone (Abstract – “In one aspect of the disclosure, a knitted component for use in an article of footwear may include a first layer with a multi-bed first area having a first surface and an opposite facing second surface. The knitted component may include a second layer with a second area overlapping the first area.”), comprising the following steps:
- knitting a first flat-knitted thread over several rows of knitted stitches so as to make a lower layer ([0047] – “Referring to FIGS. 3, 4, and 5 together, each knitted loop structure 204 may include an exterior area 240 and an interior area 244”; [0035] – “The knitted component 108 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process (e.g., with a flat knitting machine with one, two, or more needle beds, or with a circular knitting machine), a warp knitting process, or any other suitable knitting process.” The interior area 244 is interpreted as a lower layer and consists of several rows of knitted stitches obtained by knitting thread using a flat knitting machine.);
- knitting a second flat-knitted thread over several rows of knitted stitches so as to make an upper layer ([0047] – “Referring to FIGS. 3, 4, and 5 together, each knitted loop structure 204 may include an exterior area 240 and an interior area 244”; [0035] – “The knitted component 108 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process (e.g., with a flat knitting machine with one, two, or more needle beds, or with a circular knitting machine), a warp knitting process, or any other suitable knitting process.” The exterior area 240 is interpreted as an upper layer and consists of several rows of knitted stitches obtained by knitting thread using a flat knitting machine.),
wherein the flat-knitted thread of the upper layer is alternatively processed jointly with or independently of the lower layer to, respectively, make a flat-knitted zone of the at least on flat-knitted zone or a tunnel zone of the at least one tunnel zone so as to define a containment pocket to allow functional elements to pass and be kept in place ([0049] – “the exterior and interior areas 240, 244 may be coextensive at a first and second groups 286, 290 of interlayer knit stitches, e.g., at course-wise boundaries of the exterior area 240.” Zones where the exterior and interior areas 240, 244 are connected are interpreted as flat-knitted zones. [0055] – “The one or more knitted loop structures 204 may receive a lace 236, strand, strap, or other object through passageways 232 formed by the exterior and interior areas 240, 244.” Therefore, where the threads of the exterior area 240 are processed jointly with the interior area 244, a flat-knitted zone is formed, and where they are processed independently, they form a tunnel zone.); and
wherein the first and second flat-knitted threads being the same type of flat-knitted thread at each flat-knitted zone ([0054] – “either the exterior or interior areas 240, 244 may include one or more courses knitted with thermoplastic yarns, e.g., thermoplastic polyurethane yarns, or yarns or strands of other materials sheathed in thermoplastic (such as a monofilament strand sheathed with thermoplastic polyurethane). To clarify, either of the exterior or interior areas 240, 244 may embody any combination of the aforementioned exemplary materials and additional materials appropriate for forming a knitted component.” Therefore, both the exterior and interior areas 240, 244 comprise a thermoplastic polyurethane yarn since either of the exterior or interior areas 240, 244 may embody any combination of the aforementioned exemplary materials appropriate for forming a knitted component.).
Aceves Tinajero does not disclose wherein a given of each of the at least one tunnel zone comprises at least one inlet and at least one outlet opening directed perpendicular to an extension direction of a given of each of the at least one tunnel zone for the insertion and/or extraction of the functional elements.
However, Lovett discloses lace guides that may be used to guide or direct a lace about an article; Figs. 28A-D. The lace guides are formed of multiple layers 2802 and have an inlet and outlet directed perpendicular to an extension direction of the guide; [0156]. The lace guide is interpreted as a tunnel.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the knitted loop structure 204 of Aceves Tinajero to have an inlet and outlet directed perpendicular to an extension of the knitted loop structure 204 as taught by Lovett. A skilled artisan would have been motivated to do so because Lovett teaches that the configuration allows for the lace to be directed along a desired lace path of the shoe ([0156]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to footwear with tubular knit structures forming tunnels.
Claim(s) 8-11 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0037966 (Aceves Tinajero et al.) in view of US 2015/0059206 (Lovett et al.), and further in view of US 2020/0048800 (McFarland, II et al.).
Regarding claim 8, Aceves Tinajero in view of Lovett discloses the knitted article of claim 1.
Aceves Tinajero does not disclose including at least a padded zone having cushioning properties different from the flat-knitted zone and comprising a padding layer interposed between the lower layer and an intermediate layer, the padding layer being obtained by a padding yarn which is different from each flat-knitted thread, and which comprises at least one bundle of padding threads, the intermediate layer comprising several rows of knitted stitches obtained by knitting the first flat-knitted thread.
However, McFarland discloses tubular knit structures 408, 410. The tubular knit structures 408, 410 are interpreted as tunnel zones which are analogous to the tunnel zones in Aceves Tinajero. [0055] – “the passages may receive a floating or inlaid strand 422”; [0059] – “In some embodiments, the inlaid strand 422 may be referred to as a “cushioning yarn””; [0059] – “When the passage 420 of a second tubular knit structure 410 is intersected by the non-tubular webbed region 412, the inlaid strand may be inlaid through the webbed region 412, or may be incorporated into the knit structure of the webbed region 412.” When the inlaid strand 422 is incorporated into the knit structure of the webbed region 412, an intermediate layer is formed since the inlaid strand is interposed between a lower layer and an intermediate layer of the webbed region 412. [0059] – “Two non-limiting exemplary examples of cushioning yarns are a 5500 denier version and a 3500 denier version of multifilament polyester yarn that has been texturized to loft. Particular examples are marketed as “LILY” yarns and are sold by Sawada Hong Kong Co. Ltd., though other yarns from other manufacturers may also be cushioning yarns.”
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify Aceves Tinajero to comprise an inlaid strand of McFarland incorporated into the interior area 244 as taught by McFarland. A skilled artisan would have been motivated to do so because McFarland teaches that the inlaid strand provides thickness to the knitted component which provides a buffer between the back surface and any direct heat source applied to the front surface during processing, which may be advantageous for preventing scorching of materials located in yarns forming the back surface ([0059]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to footwear with tubular knit structures forming tunnels.
As a result, Aceves Tinajero in view of Lovett and McFarland teaches including at least a padded zone having cushioning properties different from the flat-knitted zone and comprising a padding layer interposed between the lower layer and an intermediate layer (The inlaid strand of McFarland is interpreted as a padding layer and is incorporated into the interior area 244. The threads of the interior area 244 between the inlaid strand and the exterior area 240 are interpreted as forming an intermediate layer. The inlaid strand is made of a different material than the threads of Aceves Tinajero and therefore has different properties.),
the padding layer being obtained by a padding yarn which is different from each flat-knitted thread ([0059] of McFarland – “Two non-limiting exemplary examples of cushioning yarns are a 5500 denier version and a 3500 denier version of multifilament polyester yarn that has been texturized to loft. Particular examples are marketed as “LILY” yarns and are sold by Sawada Hong Kong Co. Ltd.”), and
which comprises at least one bundle of padding threads ([0059] of McFarland – “Two non-limiting exemplary examples of cushioning yarns are a 5500 denier version and a 3500 denier version of multifilament polyester yarn that has been texturized to loft. Particular examples are marketed as “LILY” yarns and are sold by Sawada Hong Kong Co. Ltd.” Yarns are bundles of threads.),
the intermediate layer comprising several rows of knitted stitches obtained by knitting the first flat-knitted thread (The threads of the interior area 244 between the inlaid strand and the exterior area 240 are interpreted as forming an intermediate layer and consist of several rows of knitted stitches of the interior area 244.).
Regarding claim 9, Aceves Tinajero in view of Lovett and McFarland teaches the knitted article of claim 8, wherein the padding yarn is laid in at least one row of knitted stitches of the lower layer and/or of the intermediate layer, the padding yarn being laid into at least one knitted stitch of the lower layer and/or of the intermediate layer (The threads of the interior area 244 between the inlaid strand and the exterior area 240 are interpreted as forming an intermediate layer and consist of several rows of knitted stitches of the interior area 244.).
Regarding claim 10, Aceves Tinajero in view of Lovett and McFarland teaches the knitted article of claim 9, wherein the at least a padded zone is located at a given of each of the at least one tunnel zone so that the given of each tunnel zone is knitted onto the at least a padded zone (The inlaid strand is inlaid within the passageways 232 of Aceves Tinajero as taught by McFarland in the combination above.).
Regarding claim 11, Aceves Tinajero in view of Lovett and McFarland teaches the knitted article of claim 10, wherein the given of each of the at least one tunnel zone extends over a number of rows of knitted stitches less than the number of rows of knitted stitches of the intermediate or lower layer of the at least a padded zone on which it is knitted onto (The tunnel zone extends over a number of rows of knitted stitches less than the number of rows of knitted stitches of the lower layer of the padded zone on which it is knitted onto since the lower layer of the padded zone is the interior area 244.).
Regarding claim 15, Aceves Tinajero in view of Lovett discloses the method of claim 14.
Aceves Tinajero does not disclose a step of realizing a padded zone having cushioning properties different from at least each of the at least one flat-knitted zone, the padded zone being located at a given of the at least one tunnel zone so that the given of the at least one tunnel zone is knitted onto that padded zone; the step of realizing a padded zone comprising a step of making a padded layer by laying in at least one row of knitted stitches of the lower layer and of an intermediate layer using a padding yarn different from the flat-knitted thread, the padding yarn comprising at least one bundle of padding threads, the intermediate layer being interposed between lower and upper layers.
However, McFarland discloses tubular knit structures 408, 410. The tubular knit structures 408, 410 are interpreted as tunnel zones which are analogous to the tunnel zones in Aceves Tinajero. [0055] – “the passages may receive a floating or inlaid strand 422”; [0059] – “In some embodiments, the inlaid strand 422 may be referred to as a “cushioning yarn””; [0059] – “When the passage 420 of a second tubular knit structure 410 is intersected by the non-tubular webbed region 412, the inlaid strand may be inlaid through the webbed region 412, or may be incorporated into the knit structure of the webbed region 412.” When the inlaid strand 422 is incorporated into the knit structure of the webbed region 412, an intermediate layer is formed since the inlaid strand is interposed between a lower layer and an intermediate layer of the webbed region 412. [0059] – “Two non-limiting exemplary examples of cushioning yarns are a 5500 denier version and a 3500 denier version of multifilament polyester yarn that has been texturized to loft. Particular examples are marketed as “LILY” yarns and are sold by Sawada Hong Kong Co. Ltd., though other yarns from other manufacturers may also be cushioning yarns.”
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify Aceves Tinajero to comprise an inlaid strand of McFarland incorporated into the interior area 244 as taught by McFarland. A skilled artisan would have been motivated to do so because McFarland teaches that the inlaid strand provides thickness to the knitted component which provides a buffer between the back surface and any direct heat source applied to the front surface during processing, which may be advantageous for preventing scorching of materials located in yarns forming the back surface ([0059]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to footwear with tubular knit structures forming tunnels.
As a result, Aceves Tinajero in view of Lovett and McFarland teaches a step of realizing a padded zone having cushioning properties different from at least each of the at least one flat-knitted zone (The inlaid strand of McFarland is interpreted as a padding layer and is incorporated into the interior area 244. The threads of the interior area 244 between the inlaid strand and the exterior area 240 are interpreted as forming an intermediate layer. The inlaid strand is made of a different material than the threads of Aceves Tinajero and therefore has different properties.),
the padded zone being located at a given of the at least one tunnel zone so that the given of the at least one tunnel zone is knitted onto that padded zone (The inlaid strand is inlaid within the passageways 232 of Aceves Tinajero as taught by McFarland in the combination above.);
the step of realizing a padded zone comprising a step of making a padded layer by laying in at least one row of knitted stitches of the lower layer and of an intermediate layer using a padding yarn different from the flat-knitted thread (The inlaid strand of McFarland is interpreted as a padding layer and is incorporated into the interior area 244. The threads of the interior area 244 between the inlaid strand and the exterior area 240 are interpreted as forming an intermediate layer. [0059] of McFarland – “Two non-limiting exemplary examples of cushioning yarns are a 5500 denier version and a 3500 denier version of multifilament polyester yarn that has been texturized to loft. Particular examples are marketed as “LILY” yarns and are sold by Sawada Hong Kong Co. Ltd.”),
the padding yarn comprising at least one bundle of padding threads ([0059] of McFarland – “Two non-limiting exemplary examples of cushioning yarns are a 5500 denier version and a 3500 denier version of multifilament polyester yarn that has been texturized to loft. Particular examples are marketed as “LILY” yarns and are sold by Sawada Hong Kong Co. Ltd.” Yarns are bundles of threads.),
the intermediate layer being interposed between lower and upper layers (The threads of the interior area 244 between the inlaid strand and the exterior area 240 are interpreted as forming an intermediate layer.).
Regarding claim 16, Aceves Tinajero in view of Lovett and McFarland teaches the method of claim 14, wherein each of the at least one tunnel zone is made with an extension of rows of knitted stitches less than the number of rows of knitted stitches of the intermediate layer of the padded or flat-knitted zone on which it is knitted onto (The tunnel zone extends over a number of rows of knitted stitches less than the number of rows of knitted stitches of the lower layer of the padded zone on which it is knitted onto since the lower layer of the padded zone is the interior area 244.).
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0037966 (Aceves Tinajero et al.) in view of US 2015/0059206 (Lovett et al.), and further in view of JP H06132070 (Kitamura).
Regarding claim 12, Aceves Tinajero discloses a kit for an orthopaedic brace (Abstract – “In one aspect of the disclosure, a knitted component for use in an article of footwear may include a first layer with a multi-bed first area having a first surface and an opposite facing second surface. The knitted component may include a second layer with a second area overlapping the first area”; See Figs. 1-7.), comprising:
- a knitted article for an orthopaedic brace, including at least one flat-knitted zone and at least one tunnel zone suitable for the integration of functional elements (Abstract – “In one aspect of the disclosure, a knitted component for use in an article of footwear may include a first layer with a multi-bed first area having a first surface and an opposite facing second surface. The knitted component may include a second layer with a second area overlapping the first area.”), comprising:
- a lower layer comprising several rows of knitted stitches obtained by knitting a first flat-knitted thread ([0047] – “Referring to FIGS. 3, 4, and 5 together, each knitted loop structure 204 may include an exterior area 240 and an interior area 244”; [0035] – “The knitted component 108 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process (e.g., with a flat knitting machine with one, two, or more needle beds, or with a circular knitting machine), a warp knitting process, or any other suitable knitting process.” The interior area 244 is interpreted as a lower layer and consists of several rows of knitted stitches obtained by knitting thread using a flat knitting machine.);
- an upper layer comprising several rows of knitted stitches obtained by knitting a second flat-knitted thread ([0047] – “Referring to FIGS. 3, 4, and 5 together, each knitted loop structure 204 may include an exterior area 240 and an interior area 244”; [0035] – “The knitted component 108 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process (e.g., with a flat knitting machine with one, two, or more needle beds, or with a circular knitting machine), a warp knitting process, or any other suitable knitting process.” The exterior area 240 is interpreted as an upper layer and consists of several rows of knitted stitches obtained by knitting thread using a flat knitting machine.);
wherein the at least one flat-knitted zone comprises the lower layer and the upper layer connected to each other ([0049] – “the exterior and interior areas 240, 244 may be coextensive at a first and second groups 286, 290 of interlayer knit stitches, e.g., at course-wise boundaries of the exterior area 240.” Zones where the exterior and interior areas 240, 244 are connected are interpreted as flat-knitted zones.), and
wherein the at least one tunnel zone comprises the lower layer and the upper layer detached from each other to define a containment pocket to allow the functional elements to pass and be kept in place ([0055] – “The one or more knitted loop structures 204 may receive a lace 236, strand, strap, or other object through passageways 232 formed by the exterior and interior areas 240, 244.”); and
- at least a functional element configured to be passed and be kept in place in each of the at least one tunnel zone of the knitted article ([0055] – “The one or more knitted loop structures 204 may receive a lace 236, strand, strap, or other object through passageways 232 formed by the exterior and interior areas 240, 244.”);
Aceves Tinajero does not disclose wherein a given of each of the at least one tunnel zone comprises at least one inlet and at least one outlet opening directed perpendicular to an extension direction of a given of each of the at least one tunnel zone for the insertion and/or extraction of the functional elements, and a guide element configured to be connected to the functional element and to be conveyed through a given of the at least one tunnel zone so as to pass the functional element through the given of the at least one tunnel zone.
However, Lovett discloses lace guides that may be used to guide or direct a lace about an article; Figs. 28A-D. The lace guides are formed of multiple layers 2802 and have an inlet and outlet directed perpendicular to an extension direction of the guide; [0156]. The lace guide is interpreted as a tunnel.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the knitted loop structure 204 of Aceves Tinajero to have an inlet and outlet directed perpendicular to an extension of the knitted loop structure 204 as taught by Lovett. A skilled artisan would have been motivated to do so because Lovett teaches that the configuration allows for the lace to be directed along a desired lace path of the shoe ([0156]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to footwear with tubular knit structures forming tunnels.
Additionally, Kitamura discloses an insertion rod 11 for inserting heating wires through passageways formed in two pieces of fabrics; See Figs. 3a-3b and 7-8. The insertion rod 11 is interpreted as a guide element.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify Aceves Tinajero to include an insertion rod as taught by Kitamura. A skilled artisan would have been motivated to do so because Kitamura teaches an insertion rod to assist in guiding a heating wire through fabric tunnels. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to fabric tunnels and passing functional elements therethrough.
As a result, Aceves Tinajero in view of Lovett and Kitamura teaches wherein a given of each of the at least one tunnel zone comprises at least one inlet and at least one outlet opening directed perpendicular to an extension direction of a given of each of the at least one tunnel zone for the insertion and/or extraction of the functional elements (The inlet and outlet of the tunnel are modified to be directed perpendicular to an extension direction of the tunnel.), and
a guide element configured to be connected to the functional element and to be conveyed through a given of the at least one tunnel zone so as to pass the functional element through the given of the at least one tunnel zone (The insertion rod of Kitamura is interpreted as a guide element and is configured to be connected to the functional element and to be conveyed through the tunnel areas so as to pass the functional element through the same tunnel areas.).
Regarding claim 13, Aceves Tinajero in view of Lovett and Kitamura teaches the kit of claim 12, wherein the guide element comprises: a first end beveled to be inserted through a given of the at least one tunnel zone without damaging each one of the flat-knitted threads, and a second end, opposite to the first end, comprising a coupling portion to which the functional element can be connected (The insertion rod of Kitamura comprises a beveled end as shown in Fig. 7 and a second end with a coupling portion to which the functional element can be connected.).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seth Brown whose telephone number is (571)272-5642. The examiner can normally be reached 8:00 AM – 11:00 AM or 1:00 PM – 3:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Rachael Bredefeld can be reached at (571)270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SETH R. BROWN/Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
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