DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendment of 08/21/2026 is acknowledged.
Claims 1-4, 6-7, 11-19, and 21-25 are presented.
Claims 1, 13, and 17 are presented in independent form and are amended.
The present Office action treats claims 1-4, 6-7, 11-19, and 21-25 on the merits.
The present Office action is a final rejection.
Drawings
The drawings including replacement sheets Fig. 13, Fig. 14, and Fig. 15, were received on 08/21/2026. These drawings are acceptable and are entered.
Response to Arguments
Applicant’s REMARKS of 08/21/2026 are fully considered.
Regarding Drawings: Applicant’s arguments are fully considered and are persuasive. Specifically, upon review of the amendment of 08/21/2026 including the replacement sheets thereof, Applicant’s remarks, and upon further review of the disclosure as filed, the drawings objections applied in the previous Office action are overcome.
Regarding Rejections based on 35 U.S.C. § 103: Applicant’s arguments 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.
Allowable Subject Matter
Claims 17-19 and 25 are allowed over the art of record.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4, 11-12, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Cochran, US 5,874,133, newly cited] in view of [Francis, NPL 2011, previously cited (see PTO-892 of 04/23/2026)] and [Haller, US 317,643, newly cited].
Regarding claim 1:
Cochran discloses (col. 9 line 54 – col. 10 line 8):
an upper (“shoe upper”; col. 10 line 7), comprising:
a first fabric layer (“stitch-bonded...fabric”; col. 4 lines 54-55) comprising ;
a thermoplastic polymer layer (“thermoplastic polyurethane...film” forming the “clear, permanent, tough skin”) that at least partially covers and/or encapsulates the first fabric layer (as evidenced by first fabric layer and thermoplastic polymer layer bonding at their interface so as to form the skin as described in col. 10 lines 6-8), wherein the thermoplastic polymer layer is translucent or transparent (“clear”; col. 10 line 7; and as generally described in col. 3 lines 8-15); and at least one internal component (the “print pattern” of col. 9 line 63, wherein it is noted that the disclosure as filed states that an “materials layers” and “inserts” are exemplary internal components (see para [0057] as filed) such that the print pattern of Cochran is an internal component as claimed) that is at least partially visible through the thermoplastic polymer layer (col. 10 lines 7-8 and as generally described in col. 3 lines 10-15), wherein the upper comprises a portion (col. 10 lines 4-8) comprising the first fabric layer and the thermoplastic polymer layer.
Cochran col. 9 line 54 – col. 10 line 8 does not expressly disclose An article of footwear, comprising: the upper comprising a first knit layer comprising a knitted mesh structure comprising a first set of yarns; the thermoplastic polymer layer that at least partially covers and/or encapsulates the first set of yarns; at least one internal component of the article of footwear that is at least partially visible through the thermoplastic polymer layer; wherein the upper comprises an underfoot portion comprising the first knit layer and the thermoplastic polymer layer; and wherein the thermoplastic polymer layer extends from a medial-side portion of the upper, across the underfoot portion, and to a lateral-side portion of the upper.
In further view of Cochran col. 9 line 54 – col. 10: the first fabric layer is “stitch-bonded”, such terminology being consistent with a nonwoven fabric layer (see e.g. extrinsic reference [Mallen, US 2015/0237960, paragraph 0196]).
However, attention is drawn to Cochran col. 2 lines 31-32 which states “The fibrous material is preferably in the form of a knitted, stitch-bonded, woven, braided or non-woven fabric” and to Cochran col. 3 lines 58-60 which states “The fabrics used...may be woven, non-woven, knit, braided, stitch-bonded or combinations thereof” such that Cochran teaches that a knit layer is an appropriate fabric layer instead of and/or in addition to a stitch bonded or nonwoven fabric.
Francis teaches within the context of “knitted sportswear, which includes footwear” (p. 59 line 24) a layer (“knitted fabric”; p. 62 line 29) comprising a mesh structure is a first knit layer comprising a knitted mesh structure comprising a first set of yarns (vide infra).
Attention is drawn to Applicant’s para 47 which states, emphases provided by Examiner:
The term “knitted mesh structure” to describe the first knit layer describes a knit structure having a plurality of openings intentionally created using a combination of tuck stitches (or similar types of stitches such as held stitches) and knit stitches that may be knitted on every other needle, every third needle, and the like of the needle bed. Thus, a knit stitch of a knit course may be spaced apart from an adjacent knit stitch by one wale, two wales, three wales, and the like to create the intentional or engineered openings in the knit structure. These engineered openings help to create the mesh structure. This may be contrasted with the inherent openings within a knit loop or between adjacent knit loops where the inherent openings are generally not spaced apart by a wale, two wales, and the like.
Accordingly, Francis teaches a knitted mesh structure comprising a first set of yarns in at least:
“Fabrics containing float/miss stitches” in reference to “Fig. 3.3” (p. 64 lines 27-28; Fig. 3.3) wherein it is noted an engineered opening is provided between spaced-apart adjacent knit stitches in Fig. 3.3 among the set of yarns of Fig. 3.3
“Fabrics with tuck loops” in reference to “Fig. 3.6” (p. 64 lines 31-32; Fig. 3.6) wherein it is noted an engineered opening is provided between spaced-apart adjacent knit stitches in Fig. 3.6 among the set of yarns of Fig. 3.6
Francis further teaches the knitted mesh structure represented in Fig. 3.3 has “improved dimensional stability” (p. 64 line 29).
Francis further teaches the knitted mesh structure represented in Fig. 3.6 has “reduced length elasticity but increased width as the tuck loops pull down the held loops and cause them to spread” (p. 64 lines 33-34).
It 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 to have modified the upper of Cochran such that its first fabric layer is a first knit layer comprising a knitted mesh structure comprising a first set of yarns such that the thermoplastic polymer layer at least partially covers and/or encapsulates the first set of yarns in order to afford improved dimensional stability to the upper and/or to yield an upper whose combination of length elasticity and width is desirable by at least some users and/or during the manufacturing of the upper, as suggested by Francis (p. 6 lines 29-34).
and/or
It 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 to have modified the article of footwear of Cochran such that its first fabric layer is a first knit layer comprising a knitted mesh structure comprising a first set of yarns such that the thermoplastic polymer layer at least partially covers and/or encapsulates the first set of yarns as a simple substitution of one known element for another to obtain the predictable result of an upper appropriate for covering a foot of a wearer. One of ordinary skill would have expected that the knit layer comprising a knitted mesh structure comprising a first set of yarns would be an acceptable substitutional material for the stitch-bonded fabric material of Cochran based on the combined teachings of Cochran and Francis.
Thus the modified Cochran as applied above comprises the knit layer, the knitted mesh structure, and the first set of yarns. However, the modified Cochran as applied above therefore does not expressly disclose An article of footwear, comprising: at least one internal component of the article of footwear that is at least partially visible through the thermoplastic polymer layer; wherein the upper comprises an underfoot portion comprising the first knit layer and the thermoplastic polymer layer; and wherein the thermoplastic polymer layer extends from a medial-side portion of the upper, across the underfoot portion, and to a lateral-side portion of the upper.
However and in further view of Cochran:
Cochran col. 9 line 54 – col. 10 teaches the upper is formed upon placing the first fabric layer “against a male mold shaped as a last for a shoe” and the “thermoplastic polyurethane...film...placed on” the first fabric layer and “stretched to conform to the mold, and so did the...fabric...both...held against each other...plies...held conformingly in place on the mold.” “the mold was a...shoe last”, yielding a “shoe upper with a...tough skin”.
Cochran is silent as to the specific extent of first fabric layer and thermoplastic polymer layer and whether or not said upper comprises an underfoot portion.
Nevertheless, Haller teaches an article of footwear (“shoe”; lines 24 and 50-52; Fig. 7) comprising a sole structure (line 52; Fig. 7) and an upper A’ (i.e. “body A’”; line 48; Figs. 5-6), the upper comprising an underfoot portion (the “bottom of the...body”; lines 54-55; Fig. 6) extending from a medial-side portion of the upper to a lateral-side portion of the upper (Figs. 1-6) and configured to be stretched around and conformed to a shoe last for the purpose of sole structure attachment thereto (lines 49-52), the sole structure positioned exterior to the upper at the underfoot portion (Fig. 7).
Haller teaches the article of footwear comprising the upper is appropriate for “a walking-shoe, and for out-door games and for sporting purposes” (lines 8-9), having “no seams at the parts exposed to wear” (line 57, wherein it is noted the counter, tip, sole and heel of line 52 cover certain seams), wherein the “shoe...fits the foot easily and snugly” (line 58).
It 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 to have modified the modified Cochran such that its upper is provided with an underfoot portion extending from a medial-side portion of the upper to a lateral-side portion of the upper and such that the upper is combined with a sole structure positioned exterior to the upper at the underfoot portion in order to yield an article of footwear in order to yield a shoe that is appropriate for walking and or sporting; a shoe that fits the foot easily and/or snugly; and/or a shoe that is configured to not expose seams at parts exposed to wear, as taught by Haller (lines 8-9, 57-58).
Regarding the specific limitation the thermoplastic polymer layer extends from the medial-side portion of the upper, across the underfoot portion, and to the lateral-side portion of the upper:
As stated above, the modified Cochran comprises an underfoot portion extending from a medial-side portion to a lateral-side portion.
Cochran as embodied in Fig. 6 teaches a combined thermoplastic polymer layer 6 and fabric layer 2 wherein the thermoplastic polymer layer “constitutes all or part of the...bag used to consolidate the...layup of fabric (2) and film (6) for curing on...a male mold”. Cochran further teaches “this provides a highly effective way of preparing molded products according to the invention with the film (6) being pulled tightly against the fabric for bonding...with the layup over the mold” (col. 7 lines 35-44).
It 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 to have modified the modified Cochran such that its thermoplastic polymer layer extends from the medial-side portion of the upper, across the underfoot portion, and to the lateral-side portion of the upper in order to provide good bonding between the thermoplastic polymer layer and the first knit layer via the permitting of tight pulling of the thermoplastic polymer layer to the first knit layer around the underfoot portion during assembly of the upper, as suggested by Cochran (col. 7 lines 35-44).
Regarding claim 2:
Cochran in view of Francis and Haller teach The article of footwear of claim 1, as set forth above.
The modified Cochran further meets the limitation wherein the knitted mesh structure is at least partially visible through the thermoplastic polymer layer (in the same way that the “gray” color of the fabric layer before curing and the “gray” color of the shoe upper (col. 9 line 55; col. 10 line 7) and as generally described in col. 3 lines 10-15).
Regarding claim 4:
Cochran in view of Francis and Haller teach The article of footwear of claim 1, as set forth above.
Cochran further discloses wherein the thermoplastic polymer layer forms, at least in part, an outermost-facing surface of the upper (as evidenced by its forming a “clear,...tough skin over” the printed decoration; col. 10 line 7).
Regarding claim 11:
Cochran in view of Francis and Haller teach The article of footwear of claim 1, as set forth above.
Cochran does not expressly disclose wherein the upper comprises a second knit layer comprising a second set of yarns and positioned interior to the first knit layer
However and in further view of Francis:
Francis further teaches a first knit layer and a second knit layer, the second knit layer positioned interior to the first knit layer (i.e. “Full cardigan”; p. 70 line 6; wherein both a first knit layer is comprising a knitted mesh structure comprising a first set of yarns and also a second knit layer comprising a knitted mesh structure comprising a second set of yarns due to the “tucks on the back bed” and the “tuck loops on the front bed” wherein said tucks/tuck loops define a knitted mesh structure in that “Fabrics with tuck loops” in reference to “Fig. 3.6” (p. 64 lines 31-32; Fig. 3.6) provide an engineered openings spaced-apart adjacent knit stitches as in in Fig. 3.6 among the set of yarns of Fig. 3.6.
(Attention is drawn to Applicant’s explanation of what it means for a given structure to comprise yarns in plural opposing layers of knit loops and/or tucks, viz., and emphases provided by Examiner, from para [0046] as filed:
The term “double knit construction” as used herein refers to a knit construction that is generally formed on at least two needle beds of a knitting machine (i.e., a multi-bed construction). Such multi-bed knit constructions may be characterized by two opposing faces or layers of knit loops and/or tucks, e.g., one face/layer of loops formed on a first needle bed (e.g., a first knit layer), and a second face/layer of loops formed on a second needle bed (e.g., a second knit layer)....Common double knit constructions include double jersey, rib, interlock, cardigan, other “double bed” knit structures initially formed on at least two needle beds, and other knit structures having two opposing faces/layers of knit loops or tucks, including full-gauge and less-than full gauge variations of those structures.
It is noted that insofar as both layers of the full cardigan of Francis comprise a knitted mesh structure (see above), one of ordinary skill would have recognized that incorporating the full cardigan knit zone into footwear upper would result in one of the two layers being positioned interior to the other.
Francis further teaches the first and second knit layers (i.e. the full cardigan structure as explained above) is configured to “spread more than half cardigan” (p. 70 lines 9-10).
It 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 to have modified the modified Cochran such that its upper comprises a second knit layer comprising a second set of yarns and positioned interior to the first knit layer in order to yield an upper whose first zone is capable of easily stretching, as suggested by Francis (p. 70 lines 9-10).
and/or
It 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 to have modified the modified Cochran such that its upper comprises a second knit layer comprising a second set of yarns and positioned interior to the first knit layer in order to yield an article of footwear whose upper is appropriate for covering a foot of a wearer. One of ordinary skill would have been confronted with one or more decision(s) as to which material(s) to utilize and would have recognized that the upper comprising a second knit layer comprising a second set of yarns and positioned interior to the first knit layer would be an acceptable material therefor based on the combined teachings of Cochran and Francis.
Regarding claim 12:
Cochran in view of Francis and Haller teach The article of footwear of claim 11, as set forth above.
As applied to claim 11 above, the modified Cochran does not meet the limitation wherein the underfoot portion comprises the first knit layer, the second knit layer, and the thermoplastic polymer layer.
However and in further view of Francis:
As stated above in addressing claim 11, Francis teaches the first and second knit layers (i.e. the full cardigan structure as explained in above addressing of claim 11) is configured to “spread more than half cardigan” (p. 70 lines 9-10).
It 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 to have modified the modified Cochran such that its underfoot portion comprises the first knit layer, the second knit layer, and the thermoplastic polymer layer in order to yield an upper whose underfoot portion is capable of easily stretching around the last owing to the first and second knit layers thereof, as suggested by Francis (p. 70 lines 9-10).
Regarding claim 21:
Cochran in view of Francis and Haller teach The article of footwear of claim 1, as set forth above.
The modified Cochran further comprises the sole structure positioned exterior to the upper at the underfoot portion (see above treatment of claim 1).
The modified Cochran as applied to claim 1 above does not meet the limitation further comprising the sole structure positioned exterior to the first knit layer at the underfoot portion, wherein the thermoplastic polymer layer is positioned between the first knit layer and the sole structure throughout the underfoot portion.
Cochran as embodied in Fig. 6 teaches a combined thermoplastic polymer layer 6 and fabric layer 2 wherein the thermoplastic polymer layer “constitutes all or part of the...bag used to consolidate the...layup of fabric (2) and film (6) for curing on...a male mold”. Cochran further teaches “this provides a highly effective way of preparing molded products according to the invention with the film (6) being pulled tightly against the fabric for bonding...with the layup over the mold” (col. 7 lines 35-44).
It 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 to have modified the modified Cochran such that its underfoot portion comprises the thermoplastic polymer material positioned between the one or more knit layers and the sole structure throughout the underfoot portion such that such that the sole structure is positioned exterior to the one or more knit layers in order to assure good bonding between the thermoplastic polymer layer and the knit layer via the permitting of tight pulling of the thermoplastic polymer layer to the knit layer around the underfoot portion during assembly of the upper, as suggested by Cochran (col. 7 lines 35-44).
Claim(s) 3 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Cochran, US 5,874,133], [Francis, NPL 2011], and [Haller, US 317,643] as applied to claim 1 above, and in further view of [Berrian, US 2020/0046074, newly cited].
Regarding claim 3:
Cochran in view of Francis and Haller teach The article of footwear of claim 1, as set forth above.
The modified Cochran does not meet the limitation wherein the at least one internal component comprises a midsole that is at least partially visible through both the thermoplastic polymer layer and the knitted mesh structure.
However and in further view of Haller: Haller teaches an article of footwear provided with an midsole (i.e. “insole”; line 53), the midsole (i.e. “insole”) being an internal component: “An insole may be used, if desired” line 53.
It 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 to have modified the modified Cochran such that it is provided with a midsole internal component in order to yield the predictable result of providing comfort to the wearer via the midsole internal component.
Berrian teaches an upper comprising a knit layer wherein “the relatively low density of the knit combined with the translucency or transparency of one or more of the yarns used to form the knitted component 132 may result in the upper 102 also being at least partially translucent and/or transparent. This may reveal, display or otherwise show any auxiliary elements or components or other features (such as logos, decorative elements, colors, etc.) that may lie behind or underneath the...inner surface of the knitted component 132) and/or within the void 118” (para 52). Berrian further teaches the capability of “objects...behind portions of the knitted component...within the void...formed by the upper...to be visible from the...exterior of the upper...may enhance the visual properties and/or aesthetic appearance of the upper” (para 40).
It 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 to have modified the modified Cochran such that its midsole internal component is visible through both the thermoplastic polymer material and also through its first knit layer in order to reveal, display, or otherwise show the internal component in order to enhance the visual properties and/or aesthetic appearance of the upper, as suggested by Berrian (para 40).
Regarding claim 22:
Cochran in view of Francis and Haller teach The article of footwear of claim 1, as set forth above.
The modified Cochran does not meet the limitation wherein the at least one internal component comprises a sole structure that is at least partially visible through both the thermoplastic polymer layer and the knitted mesh structure.
However and in further view of Haller: Haller teaches an article of footwear provided with a sole structure (i.e. “insole”; line 53), the sole structure (i.e. “insole”) being an internal component: “An insole may be used, if desired” line 53.
It 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 to have modified the modified Cochran such that it is provided with a sole structure internal component in order to yield the predictable result of providing comfort to the wearer via the sole structure internal component.
Berrian teaches an upper comprising a knit layer wherein “the relatively low density of the knit combined with the translucency or transparency of one or more of the yarns used to form the knitted component 132 may result in the upper 102 also being at least partially translucent and/or transparent. This may reveal, display or otherwise show any auxiliary elements or components or other features (such as logos, decorative elements, colors, etc.) that may lie behind or underneath the...inner surface of the knitted component 132) and/or within the void 118” (para 52). Berrian further teaches the capability of “objects...behind portions of the knitted component...within the void...formed by the upper...to be visible from the...exterior of the upper...may enhance the visual properties and/or aesthetic appearance of the upper” (para 40).
It 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 to have modified the modified Cochran such that its sole structure internal component is visible through both the thermoplastic polymer material and also through its first knit layer in order to reveal, display, or otherwise show the internal component in order to enhance the visual properties and/or aesthetic appearance of the upper, as suggested by Berrian (para 40).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Cochran, US 5,874,133], [Francis, NPL 2011], and [Haller, US 317,643] as applied to claim 1 above, and further in view of [Schwarz, US 2013/0004747, previously cited].
Regarding claim 6:
Cochran in view of Francis and Haller teach The article of footwear of claim 1, as set forth above.
Cochran does not expressly disclose wherein the first set of yarns is partially embedded within the thermoplastic polymer layer.
However, Schwarz teaches a “polyurethane” (para 33) “material 60” (para 86) forming a “coating” (para 48; Fig. 5) on a textile layer 12 (i.e. “first textile 12”; para 114), the polymer layer providing “a barrier to liquid water penetration” (para 49), a first set of yarns is partially embedded within the polymer layer and wherein the polymer layer does not fully extend to an inner-facing surface of the textile layer: “FIG. 5 shows...areas 22 formed by the...material 60 which has been penetrated into the cross section 23 of the first textile 12. Such parts of the cross-section 23 without any...material 60 form non-impregnated areas 24. Within...areas 22 the voids volume of the yarns 3, 4 or part of the yarns 3, 4 and the interstices 9 between the yarns are at least partially filled with the impregnating material 60. This results in a cross-section 23 where the fibers/filaments 5 are partially embedded in the...material 60. In some embodiments the impregnating pattern 20 penetrates into the cross section 23 of the first textile 12 such that the inner surface 18 (or the outer surface) are free of...material 60” (para 116; Fig. 5).
Schwarz further teaches the embedding within the polymer layer is for “bonding” (para 134) and the partial embedding has an “advantage because the textile hand of the first textile 12 remains unchanged” (para 117), wherein it is noted textile layer hand is indicative of its softness to touch, as evidenced by extrinsic reference [Miller, US 2004/0193136; see para 34 thereof: “soft touch (good hand)”].
It 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 to have modified the modified Cochran such that the first set of yarns is partially embedded within the thermoplastic polymer layer and thermoplastic polymer layer does not fully extend to an inner-facing surface of the first knit layer in order to promote bonding between thermoplastic polymer layer and first knit layer while preserving the softness of its hand on the inner-facing surface of the first knit layer, as suggested by Schwarz (paras 117 and 134).
Regarding claim 7:
Cochran in view of Francis, Haller, and Schwarz The article of footwear of claim 6, as set forth above.
The modified Cochran further meets the limitation wherein the thermoplastic polymer layer does not fully extend to an inner-facing surface of the first knit layer (see above treatment of claim 6 where the limitation is addressed).
Claim(s) 13 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Cochran, US 5,874,133, newly cited] in view of [Francis, NPL 2011, previously cited (see PTO-892 of 04/23/2026)], [Haller, US 317,643, newly cited], and [Berrian, US 2020/0046074, newly cited].
Regarding claim 13:
Cochran discloses (col. 9 line 54 – col. 10 line 8):
an upper (“shoe upper”; col. 10 line 7), comprising:
a composite layer (i.e. the combined “fabric” and “thermoplastic polyurethane...film”) comprising one or more fabric layers (“stitch-bonded...fabric”; col. 4 lines 54-55) and a thermoplastic polymer layer forming a skin and/or a film (“thermoplastic polyurethane...film” forming the “clear, permanent, tough skin”)
wherein the one or more fabric layers are positioned to form at least part of an inner-facing surface of the upper (i.e. the surface of the fabric layer that is “placed...against” the “male mold shaped as a last”), wherein the thermoplastic polymer material forms at least part of an outer-facing surface of the upper (as evidenced by its being “placed...facing down on the” the fabric layer and as generally shown in the embodiment of Fig. 6 wherein thermoplastic polymer material 6 forms at least part of an outer-facing surface of the structure of Fig. 6) and is translucent or transparent (“clear”; col. 10 line 7; and as generally described in col. 3 lines 8-15).
Cochran col. 9 line 54 – col. 10 line 8 does not expressly disclose An article of footwear, comprising: the upper comprising the composite layer comprising one or more knit layers, the one or more knit layers are positioned to form at least part of an inner-facing surface of the upper, and wherein at least one internal component of the article of footwear is at least partially visible through the composite layer, wherein the upper comprises an underfoot portion comprising the composite layer, wherein a sole structure is positioned exterior to the one or more knit layers at the underfoot portion, and wherein the thermoplastic polymer material is positioned between the one or more knit layers and the sole structure throughout the underfoot portion.
In further view of Cochran col. 9 line 54 – col. 10: the first fabric layer is “stitch-bonded”, such terminology being consistent with a nonwoven fabric layer (see e.g. extrinsic reference [Mallen, US 2015/0237960, paragraph 0196]).
However, attention is drawn to Cochran col. 2 lines 31-32 which states “The fibrous material is preferably in the form of a knitted, stitch-bonded, woven, braided or non-woven fabric” and to Cochran col. 3 lines 58-60 which states “The fabrics used...may be woven, non-woven, knit, braided, stitch-bonded or combinations thereof” such that Cochran teaches that a knit layer is an appropriate fabric layer instead of and/or in addition to a stitch bonded or nonwoven fabric.
Francis teaches within the context of “knitted sportswear, which includes footwear” (p. 59 line 24) a knit layer (“knitted fabric”; p. 62 line 29).
Francis further teaches a knit layer is “able to fit any form”, “prevents the formation of sharp folds”, has an “ability to stretch and recover”, is “comfortable and easy to wear” (p. 63 lines 2-6).
It 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 to have modified the article of footwear of Cochran such that its one or more layers is one or more knit layers, as in Francis, in order to allow the one or more layers to fit well around the shoe without folds, in order to afford stretch and recovery properties to the upper, and/or to render the upper comfortable and/or easy to wear, as taught by Francis (p. 63 lines 2-6).
and/or
It 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 to have modified the article of footwear of Cochran such that its fabric layer is a knit layer as a simple substitution of one known element for another to obtain the predictable result of an upper appropriate for covering a foot of a wearer. One of ordinary skill would have expected that the knit layer would be an acceptable substitutional material for the stitch-bonded fabric material of Cochran based on the combined teachings of Cochran and Francis.
Thus the modified Cochran as applied above comprises the one or more knit layers. However, the modified Cochran as applied above therefore does not expressly disclose An article of footwear, comprising: the upper wherein at least one internal component of the article of footwear is at least partially visible through the composite layer, wherein the upper comprises an underfoot portion comprising the composite layer, wherein a sole structure is positioned exterior to the one or more knit layers at the underfoot portion, and wherein the thermoplastic polymer material is positioned between the one or more knit layers and the sole structure throughout the underfoot portion.
However and in further view of Cochran:
Cochran col. 9 line 54 – col. 10 teaches the upper is formed upon placing the first fabric layer “against a male mold shaped as a last for a shoe” and the “thermoplastic polyurethane...film...placed on” the first fabric layer and “stretched to conform to the mold, and so did the...fabric...both...held against each other...plies...held conformingly in place on the mold.” “the mold was a...shoe last”, yielding a “shoe upper with a...tough skin”.
Cochran is silent as to the specific extent of first fabric layer and thermoplastic polymer layer and whether or not said upper comprises an underfoot portion.
Nevertheless, Haller teaches an article of footwear (“shoe”; lines 24 and 50-52; Fig. 7) comprising a sole structure (line 52; Fig. 7) and an upper A’ (i.e. “body A’”; line 48; Figs. 5-6), the upper comprising an underfoot portion (the “bottom of the...body”; lines 54-55; Fig. 6); a sole structure (“sole, and heel”; line 52) is positioned exterior to the upper at the underfoot portion (Figs. 1-6) and configured to be stretched around and conformed to a shoe last for the purpose of sole structure attachment thereto (lines 49-52).
Haller teaches the article of footwear comprising the upper is appropriate for “a walking-shoe, and for out-door games and for sporting purposes” (lines 8-9), having “no seams at the parts exposed to wear” (line 57, wherein it is noted the counter, tip, sole and heel of line 52 cover certain seams), wherein the “shoe...fits the foot easily and snugly” (line 58).
It 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 to have modified the modified Cochran such that its upper is provided with an underfoot portion the upper is combined with a sole structure positioned exterior to the upper at the underfoot portion to yield an article of footwear in order to yield a shoe that is appropriate for walking and or sporting; a shoe that fits the foot easily and/or snugly; and/or a shoe that is configured to not expose seams at parts exposed to wear, as taught by Haller (lines 8-9, 57-58).
Regarding the specific limitations the underfoot portion comprising the composite layer, wherein a sole structure is positioned exterior to the one or more knit layers at the underfoot portion, and wherein the thermoplastic polymer material is positioned between the one or more knit layers and the sole structure throughout the underfoot portion:
As stated above, the modified Cochran comprises an underfoot portion and the sole structure positioned exterior to the upper at the underfoot portion.
Cochran as embodied in Fig. 6 teaches a combined thermoplastic polymer layer 6 and fabric layer 2 wherein the thermoplastic polymer layer “constitutes all or part of the...bag used to consolidate the...layup of fabric (2) and film (6) for curing on...a male mold”. Cochran further teaches “this provides a highly effective way of preparing molded products according to the invention with the film (6) being pulled tightly against the fabric for bonding...with the layup over the mold” (col. 7 lines 35-44).
It 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 to have modified the modified Cochran such that its underfoot portion comprises the composite layer wherein the thermoplastic polymer material is positioned between the one or more knit layers and the sole structure throughout the underfoot portion such that such that the sole structure is positioned exterior to the one or more knit layers in order to provide good bonding between the thermoplastic polymer layer and the knit layer via the permitting of tight pulling of the thermoplastic polymer layer to the knit layer around the underfoot portion during assembly of the upper, as suggested by Cochran (col. 7 lines 35-44).
Regarding the limitation wherein at least one internal component of the article of footwear is at least partially visible through the composite layer:
Cochran discloses the thermoplastic polymer material is transparent such that the underlying one or more fabric layers is capable of being seen through the thermoplastic polymer material (as evidenced by the “gray” color of the fabric layer before curing and the “gray” color of the shoe upper (col. 9 line 55; col. 10 line 7)). However, Cochran is silent as to whether the fabric layer itself is configured such that a component may be seen through the combined fabric layer and thermoplastic polymer material such that Cochran does not expressly disclose any visibility through the composite layer.
Moreover, Cochran does not expressly disclose an internal component of the article of footwear.
However and in further view of Haller: Haller teaches an article of footwear provided with an internal component: “An insole may be used, if desired” line 53.
It 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 to have modified the modified Cochran such that it is provided with an internal component –i.e. an insole—in order to yield the predictable result of providing comfort to the wearer via the internal component.
Berrian teaches an upper comprising a knit layer wherein “the relatively low density of the knit combined with the translucency or transparency of one or more of the yarns used to form the knitted component 132 may result in the upper 102 also being at least partially translucent and/or transparent. This may reveal, display or otherwise show any auxiliary elements or components or other features (such as logos, decorative elements, colors, etc.) that may lie behind or underneath the...inner surface of the knitted component 132) and/or within the void 118” (para 52). Berrian further teaches the capability of “objects...behind portions of the knitted component...within the void...formed by the upper...to be visible from the...exterior of the upper...may enhance the visual properties and/or aesthetic appearance of the upper” (para 40).
It 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 to have modified the modified Cochran such that its internal component is visible through both the thermoplastic polymer material and also through its one or more knit layers in order to reveal, display, or otherwise show the internal component in order to enhance the visual properties and/or aesthetic appearance of the upper, as suggested by Berrian (para 40).
Regarding claim 23:
Cochran in view of Francis, Haller, and Berrian teach The article of footwear of claim 13, as set forth above.
Cochran further discloses wherein the thermoplastic polymer layer forms, at least in part, an outermost-facing surface of the upper (as evidenced by its forming a “clear,...tough skin over” the printed decoration; col. 10 line 7).
Regarding claim 24:
Cochran in view of Francis, Haller, and Berrian teaches The article of footwear of claim 13, as set forth above.
Cochran does not expressly disclose wherein the one or more knit layers comprises a first knit layer and a second knit layer, the second knit layer being interior to the first knit layer.
However and in further view of Francis:
Francis further teaches a first knit layer and a second knit layer, the second knit layer positioned interior to the first knit layer (i.e. “Full cardigan”; p. 70 line 6; wherein both a first knit layer is comprising a knitted mesh structure comprising a first set of yarns and also a second knit layer comprising a knitted mesh structure comprising a second set of yarns due to the “tucks on the back bed” and the “tuck loops on the front bed” wherein said tucks/tuck loops define a knitted mesh structure in that “Fabrics with tuck loops” in reference to “Fig. 3.6” (p. 64 lines 31-32; Fig. 3.6) provide an engineered openings spaced-apart adjacent knit stitches as in in Fig. 3.6 among the set of yarns of Fig. 3.6.
(Attention is drawn to Applicant’s explanation of what it means for a given structure to comprise yarns in plural opposing layers of knit loops and/or tucks, viz., and emphases provided by Examiner, from para [0046] as filed:
The term “double knit construction” as used herein refers to a knit construction that is generally formed on at least two needle beds of a knitting machine (i.e., a multi-bed construction). Such multi-bed knit constructions may be characterized by two opposing faces or layers of knit loops and/or tucks, e.g., one face/layer of loops formed on a first needle bed (e.g., a first knit layer), and a second face/layer of loops formed on a second needle bed (e.g., a second knit layer)....Common double knit constructions include double jersey, rib, interlock, cardigan, other “double bed” knit structures initially formed on at least two needle beds, and other knit structures having two opposing faces/layers of knit loops or tucks, including full-gauge and less-than full gauge variations of those structures.
It is noted that insofar as both layers of the full cardigan of Francis comprise a knitted mesh structure (see above), one of ordinary skill would have recognized that incorporating the full cardigan knit zone into footwear upper would result in one of the two layers being positioned interior to the other.
Francis further teaches the first and second knit layers (i.e. the full cardigan structure as explained above) is configured to “spread more than half cardigan” (p. 70 lines 9-10).
It 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 to have modified the modified Cochran such that its one or more knit layers comprises a first knit layer and a second knit layer in order to yield an upper whose first zone is capable of easily stretching, as suggested by Francis (p. 70 lines 9-10).
and/or
It 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 to have modified the modified Cochran such that its one or more knit layers comprises a first knit layer and a second knit layer in order to yield an article of footwear whose upper is appropriate for covering a foot of a wearer. One of ordinary skill would have been confronted with one or more decision(s) as to which material(s) to utilize and would have recognized that the one or more knit layers comprises a first knit layer and a second knit layer would be an acceptable material therefor based on the teachings of Cochran and Francis.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Cochran, US 5,874,133], [Francis, NPL 2011], [Haller, US 317,643], and [Berrian, US 2020/0046074] as applied to claim 13 above, and further in view of [Dojan, US 2005/0132609, previously cited].
Regarding claim 14:
Cochran in view of Francis, Haller, and Berrian teaches The article of footwear of claim 13, as set forth above.
The modified Cochran further meets the limitation wherein the composite layer comprises a first surface comprising the thermoplastic polymer material (i.e. that forming the “clear,...tough skin”; col. 10 line 7 of Cochran) and a second surface comprising at least part of the one or more knit layers (i.e. a surface of the one or more knit layers that is configured to face toward a wearer in the same way that the fabric layer surface of Cochran is “against a male mold shaped as a last”; col. 9 line 58 of Cochran).
Cochran does not expressly disclose wherein the first surface has a smoother texture than the second surface.
However, Dojan teaches and within the context of “footwear” (para 3), “the texture of a rough surface provides enhanced adhesive bonding”, and “imparting a relatively rough texture to surfaces 21 and 22 may enhance bonding”, and to promote “visibility through the polymer material”, “a relatively smooth texture may be imparted to side surfaces 23 and 24 to enhance the visibility of those portions of sole component 20 that are visible when incorporated into footwear 10” (para 102).
It 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 to have modified the modified Cochran such that wherein the first surface has a smoother texture than the second surface in order to promote visibility through the transparent polymer layer via the surface smoothness thereof and in order to promote bonding between the transparent polymer layer and the one or more knit layers via the surface roughness of the one or more knit layers, as suggested by Dojan (para 102).
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Cochran, US 5,874,133], [Francis, NPL 2011], [Haller, US 317,643], [Berrian, US 2020/0046074], and [Dojan, US 2005/0132609] as applied to claim 14 above, and further in view of [Celia, US 6,536,137, newly cited].
Regarding claim 15:
Cochran in view of Francis, Haller, Berrian, and Dojan teaches The article of footwear of claim 14, as set forth above.
The modified Cochran does not meet the limitation wherein a sole structure directly abuts the second surface.
However, Celia teaches a sole structure 20 provided under an internal component 30 such that the sole structure 20 directly abuts an underfoot portion (of 40; Figs. 1-6).
Celia further teaches the combined sole structure and internal component are a “footwear support system” which “increases the support for the wearer's foot and provides a high degree of comfort. It absorbs shocks resulting from walking, running or other forms of exercise and prevents damage to the wearer's foot and joint” (col. 2 lines 50-57).
It 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 to have modified the modified Cochran such that it is provided with a sole structure that directly abuts the second surface in the underfoot portion in order to increase foot support; provide a high degree of comfort; absorb shock; and/or prevent damage to the foot and/or joint, as suggested by Celia (col. 2 lines 50-57).
Regarding claim 16:
Cochran in view of Francis, Haller, Berrian, Dojan, and Celia teaches The article of footwear of claim 15, as set forth above.
Cochran does not expressly disclose wherein the one or more knit layers comprises a first knit layer and a second knit layer, the second knit layer being interior to the first knit layer.
However and in further view of Francis:
Francis further teaches a first knit layer and a second knit layer, the second knit layer positioned interior to the first knit layer (i.e. “Full cardigan”; p. 70 line 6; wherein both a first knit layer is comprising a knitted mesh structure comprising a first set of yarns and also a second knit layer comprising a knitted mesh structure comprising a second set of yarns due to the “tucks on the back bed” and the “tuck loops on the front bed” wherein said tucks/tuck loops define a knitted mesh structure in that “Fabrics with tuck loops” in reference to “Fig. 3.6” (p. 64 lines 31-32; Fig. 3.6) provide an engineered openings spaced-apart adjacent knit stitches as in in Fig. 3.6 among the set of yarns of Fig. 3.6.
(Attention is drawn to Applicant’s explanation of what it means for a given structure to comprise yarns in plural opposing layers of knit loops and/or tucks, viz., and emphases provided by Examiner, from para [0046] as filed:
The term “double knit construction” as used herein refers to a knit construction that is generally formed on at least two needle beds of a knitting machine (i.e., a multi-bed construction). Such multi-bed knit constructions may be characterized by two opposing faces or layers of knit loops and/or tucks, e.g., one face/layer of loops formed on a first needle bed (e.g., a first knit layer), and a second face/layer of loops formed on a second needle bed (e.g., a second knit layer)....Common double knit constructions include double jersey, rib, interlock, cardigan, other “double bed” knit structures initially formed on at least two needle beds, and other knit structures having two opposing faces/layers of knit loops or tucks, including full-gauge and less-than full gauge variations of those structures.
It is noted that insofar as both layers of the full cardigan of Francis comprise a knitted mesh structure (see above), one of ordinary skill would have recognized that incorporating the full cardigan knit zone into footwear upper would result in one of the two layers being positioned interior to the other.
Francis further teaches the first and second knit layers (i.e. the full cardigan structure as explained above) is configured to “spread more than half cardigan” (p. 70 lines 9-10).
It 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 to have modified the modified Cochran such that its one or more knit layers comprises a first knit layer and a second knit layer in order to yield an upper whose first zone is capable of easily stretching, as suggested by Francis (p. 70 lines 9-10).
and/or
It 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 to have modified the modified Cochran such that its one or more knit layers comprises a first knit layer and a second knit layer in order to yield an article of footwear whose upper is appropriate for covering a foot of a wearer. One of ordinary skill would have been confronted with one or more decision(s) as to which material(s) to utilize and would have recognized that the one or more knit layers comprises a first knit layer and a second knit layer would be an acceptable material therefor based on the teachings of Cochran and Francis.
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.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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