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 .
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.
Claim(s) 1-7,10-16 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0021974 (Schindler).
Regarding claims 1-7 and 10, Schindler teaches a sole structure for an article of footwear, the sole structure (e.g. 200) comprising:
a cushioning member (midsole component (204) including a first side (top surface of 204) defining a footbed and a second side (lower surface of 204) disposed on an opposite side from the first side and defining (i) an inferior support surface extending from a first end of the cushioning member to a second end of the cushioning member (see figure 2), (ii) a pocket (pocket or recess on lower surface of 204 which fits the bladder (forefoot chamber 220)) including a first pocket segment and second pocket segment separated by a projection (projection 242) to provide the pocket with a U-shape (each projection 242 has an outer U-shape defining a pocket with a U-shape; and each projection 242 divide the pocket into first and second segments, each segment corresponds to the lobes 226 of the forefoot chamber 220) and (iii) a groove (forward most flex structure 249 as shown in figure 2; wherein the flex structure includes flex groove or sipe; see ¶0051) extending from a lateral side of the cushioning member to a medial side of the cushioning member and disposed between the pocket and the first end of the cushioning member (component 246 is disposed between the pocket and the end of the cushioning member; see figure 2);
a bladder (forefoot chamber 220) disposed in the pocket of the cushioning member.
Regarding claim 2, see figure 2 showing the cushioning element (204) and the bladder (220) extending entirely across the with and therefore the pocket extends across a width of the cushioning member from a first opening on the lateral side of the cushioning member to a second opening on the medial side of the cushioning member.
Regarding claims 2-6; see figure 2 which best shows a notch (cutout 228) extending into the bladder (220) from a peripheral edge of the bladder to separate a lateral side of the bladder into a first bladder segment (lobe 226 on one side of the notch) and a second bladder segment (lobe 226 on the other side of the notch); wherein the first bladder segment, the second bladder segment, and the first notch are exposed through the first opening of the pocket (see figures 3 and 11 which shows the bladder segments (lobes 226) and notch are exposed on the side of the sole structure); wherein the first bladder segment and the second bladder segment extend from a common bladder segment (center and medial portion of bladder 220) disposed on a medial side of the sole structure; wherein the common bladder segment is exposed through the second opening of the pocket (the bladder 220 is exposed on both sides of the sole).
Regarding claims 7 and 10; see figure 2 showing an outsole (208) attached to the inferior support surface of the cushioning member (204) and to the bladder (220); wherein the outsole (208) includes a second notch (cut-out 235) aligned with the first notch of the bladder (see figure 2 and at least ¶0056,0095,0106,0109 and 0110).
Regarding claims 11-16 and 19, Schindler teaches a sole structure for an article of footwear, the sole structure (e.g. 200) comprising:
a cushioning member (midsole component (204) including a first side (top surface of 204) defining a footbed and a second side (lower surface of 204) disposed on an opposite side from the first side and defining (i) an inferior support surface, (ii) a pocket (pocket or recess on lower surface of 204 which fits the bladder (forefoot chamber 220)) extending continuously from a medial side of the sole structure to a lateral side of the sole structure, the pocket including a first pocket segment and second pocket segment separated by a projection (projection 242) to provide the pocket with a U-shape (each projection 242 has an outer U-shape defining a pocket with a U-shape; and each projection 242 divide the pocket into first and second segments, each segment corresponds to the lobes 226 of the forefoot chamber 220), and (iii) a flex groove (forward most flex structure 249 as shown in figure 2; wherein the flex structure includes flex groove or sipe; see ¶0051) formed between the pocket and a first end of the cushioning member (component 246 is disposed between the pocket and the end of the cushioning member; see figure 2; and
a bladder (220) disposed within the pocket.
Regarding claims 12-13, the cushioning member (204) includes an anterior pocket wall and a posterior pocket wall disposed on an opposite side of the pocket from the anterior pocket wall and converging with the anterior pocket wall along a direction from the lateral side to the medial side (the projections 244 and 246 as shown in figure 2 have walls on opposite sides of the pocket as claimed); wherein each of the anterior pocket wall and the posterior pocket wall extends across a width of the cushioning member to define a first opening on the lateral side of the cushioning member and a second opening on the medial side of the cushioning member (see figure 2 showing the components extending entirely across the width of the shoe with openings on both sides of the sole structure; additionally see figure 3 showing the bladder exposed on the sides/opening on the sole structure.
Regarding claims 14-16 and 19; see figure 2 showing an outsole (208) attached to the inferior support surface of the cushioning member (204) and to the bladder (220); wherein the outsole (208) includes a second notch (cut-out 235) aligned with the first notch of the bladder (see figure 2 and at least ¶0056,0095,0106,0109 and 0110) and see figures 3 and 11 showing the bladder and notch exposed on the sides/opening on the sole structure.
Regarding claim 20, Schindler teaches a sole structure for an article of footwear, the sole structure (e.g. 200) comprising:
a cushioning member (midsole component (204) including a first side (top surface of 204) defining a footbed and a second side (lower surface of 204) disposed on an opposite side from the first side and defining a pocket (pocket or recess on lower surface of 204 which fits the bladder (forefoot chamber 220)) extending continuously from a medial side of the sole structure to a lateral side of the sole structure, the pocket including a first pocket segment and second pocket segment separated by a projection (projection 242) to provide the pocket with a U-shape (each projection 242 has an outer U-shape defining a pocket with a U-shape; and each projection 242 divide the pocket into first and second segments, each segment corresponds to the lobes 226 of the forefoot chamber 220); and
a bladder (220) disposed within the pocket and including a notch (cutout 228) extending into the bladder (220) from a peripheral edge of the bladder to separate a lateral side of the bladder into a first bladder segment (lobe 226 on one side of the notch) and a second bladder segment (lobe 226 on the other side of the notch); wherein the first bladder segment, the second bladder segment, and the first notch are exposed through the first opening of the pocket (see figures 3 and 11 which shows the bladder segments (lobes 226) and notch exposed on the side of the sole structure)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8-9 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindler ‘974 in view of US5625964 (Lyden).
Regarding claims 8-9 and 17-18, Schindler teaches a sole structure as claimed (see the rejection above for details) except for the groove (groove or sipe as taught above) cooperating with a rib in the outsole.
Lyden teaches a flex zone in the sole structure (see figures 10 and 12) which teaches both the groove having rib (see upside down V section of the outsole 31 as shown in figure 11) in the outsole (31); and the groove in the sole structure having a cut-out section in the outsole (31; see figure 12). At least see figures 10 and 12 and col. 9, lines 17-30. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flex zone (i.e. groove or sipe) of the sole structure as taught by Schindler with the outsole including a rib cooperating with the groove, as taught in figure 10 of Lyden, to provide an alternative flex zone wherein the bladder is not exposed to the ground.
Response to Arguments
Applicant's arguments filed 1/26/2026 have been fully considered but they are not persuasive.
Applicant argues “the projections (240-246) of Schindler are disclosed as forming a zigzag or inter-fitted profile, not U-shape”.
In response, each projection 242 has an outer U-shape defining a pocket with a U-shape; and each projection 242 divide the pocket into first and second segments, each segment corresponds to the lobes 226 of the forefoot chamber 220. The pocket as defined in the rejection above has a shape corresponding to the multi-lobed shape of the bladder chamber (220) and therefore has a shape which corresponds to each lobe (206), as shown in the figure 2 between each lobe 206 is a U-shape that corresponds to the outer U-shape of the projections 242.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
THIS ACTION IS MADE FINAL. 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.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including:
-“The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.”
--“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 does not comply with the requirements of this section.”
-Moreover, “The prompt development of a clear issue requires that the replies of the applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06” MPEP 714.02. The “disclosure” includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TED KAVANAUGH whose telephone number is (571) 272-4556. The examiner can normally be reached on Monday-Thursday 8AM-6PM.
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/Ted Kavanaugh/
Primary Patent Examiner
Art Unit 3732
Tel: (571) 272-4556