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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03-21-2025 is acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 4-9, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henslet et al. (2016/0295965) in view of Bonk et al. (6,013,340) and Wilson, III (2014/0290096).
Examiner Noted: Thermoplastic Polyurethane (TPU) is a standard uncrosslinked material.
Regarding claims 1 and 12, Henslet teaches an article of footwear (fig 14) comprising: a bladder (figs 1-4) having a bladder wall comprising a printed layer (para 0049) on a first side of the bladder wall, wherein the first side of the bladder wall comprises a polymeric material (member 20), wherein the printed layer comprises a first composition and a color composition (para 0037 and 0041).
Henslet does not teach the bladder wall has a gas transmission rate of 15 cm3/m2•atm•day or less for nitrogen for an average wall thickness of 20 mils, wherein the first composition comprises a dispersion of uncrosslinked polymers
Bonk teaches a bladder having bladder wall with a gas transmission rate of 15 cm3/m2•atm•day or less for nitrogen for an average wall thickness of 20 mils (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the footwear of Henslet by using the gas transmission rate of Bonk in order to provide better flexibility for the bladder.
Wilson teaches a footwear having first composition comprises a water-borne dispersion of polymers (para 0090).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the footwear of Henslet by using a water-borne dispersion of polymers of Wilson in order to provide a flexible, light, and durable articles, particularly soles for use in an article of footwear.
Regarding claim 2, the modified footwear Henslet-Bonk-Wilson discloses the bladder wall has an interior-facing side and an exterior-facing side, wherein the interior-facing side defines at least a portion of an interior region of an inflated bladder, wherein the bladder wall has an average wall thickness between the interior-facing side and the exterior-facing side that is less than 5 millimeters (Henslet, para 0061), wherein the first side of the bladder wall comprises the exterior-facing side of the bladder wall or the interior-facing side of the bladder wall, wherein the bladder wall comprises the polymeric material on the exterior-facing side of the bladder wall or the interior-facing side of the bladder wall (Henslet, figs 4).
Regarding claim 4, the modified footwear Henslet-Bonk-Wilson discloses the polymeric material comprises one or more polyurethane, polyether, polyester, polyurea, polyamide, polyolefin, or any combination thereof (Henslet, para 0031).
Regarding claim 5, the modified footwear Henslet-Bonk-Wilson discloses the polymeric material is comprised of an exposed layer of film and a barrier material adjacent to the exposed layer of film (Henslet, para 0054 and 0076).
Regarding claim 6, the modified footwear Henslet-Bonk-Wilson discloses the color composition penetrates at least a portion of the exposed layer of film (Henslet, para 0051 and 0085).
Regarding claim 7, the modified footwear Henslet-Bonk-Wilson discloses the bladder further comprises a top wall operably secured to a footwear upper, a bottom wall opposite the top wall, and one or more sidewalls extending between the top wall and the bottom, wherein the bladder wall is incorporated in at least one of the top wall, the bottom wall, or the one or more sidewalls (Henslet, figs 1-17).
Regarding claim 8, the modified footwear Henslet-Bonk-Wilson discloses the bladder wall comprises a film including at least one polymeric layer (Henslet, para 0059).
Regarding claim 9, the modified footwear Henslet-Bonk-Wilson discloses the each of the at least one polymeric layer is about 0.1 to 40 mils in thickness (Henslet, para 0058).
Regarding claim 13, the modified footwear Henslet-Bonk-Wilson discloses the water-borne dispersion of uncrosslinked polymers is a water-borne dispersion of uncrosslinked polyester polyurethane copolymers (Henslet, para 0055 and Wilson, para 0089).
Regarding claim 14, the modified footwear Henslet-Bonk-Wilson discloses the polymeric material is a foamed polymeric material (Henslet, para 0076 and Wilson, para 0070).
Regarding claim 15, the modified footwear Henslet-Bonk-Wilson discloses the polymeric material is a thermoset polymer or a thermoplastic polymer (Henslet, para 0055).
Regarding claim 16, the modified footwear Henslet-Bonk-Wilson discloses an upper and a sole, wherein the sole comprises the bladder and the bladder is an exposed portion of the sole (Henslet, fig 14, para 0024).
Claim(s) 3 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henslet et al. (2016/0295965), Bonk et al. (6,013,340) and Wilson, III (2014/0290096) as applied to claim 1 above, and further in view of Yakushidoh et al. (2009/0117395).
Regarding claim 3, the modified footwear Henslet-Bonk-Wilson teaches all limitation of the claim except the printed layer has an elongation at break of at least 500 percent.
Yakushidoh teaches a printed layer having an elongation at break of at least 500 percent (para 0074).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the layer of Henslet by using an elongation at break of at least 500 percent of Yakoshidoh in order to provide stronger holding bladder.
Regarding claims 10-11, the modified footwear Henslet-Bonk-Wilson teaches all limitation of the claim except the color composition comprises a dye, a pigment, or a combination thereof.
Yakushidoh teaches a printed layer having a polymeric dye, a pigment, or a combination thereof (para 0040 and 0083).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the layer of Henslet by using dye technique of Yakoshidoh as the technique is well-known in the art.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henslet et al. (2016/0295965) in view of Bonk et al. (6,013,340), Wilson, III (2014/0290096) and in view of Yakushidoh et al. (2009/0117395).
Regarding claim 17, Henslet teaches an article of footwear (fig 14) comprising an upper; and a sole, wherein the upper is attached to the sole, the sole comprising a bladder (figs 1-14),
the bladder (figs 1-4) having a bladder wall with an exterior-facing side and an interior-facing side such that the bladder wall is formed from a polymeric material (para 0030) and an average wall thickness between the interior-facing side and the exterior-facing side of the bladder wall is less than 5 millimeters (para 0061), the exterior-facing side comprising a printed layer having a first composition and a color composition (para 0037, 0041, and 0049).
Henslet does not teach the bladder wall has a gas transmission rate of 15 cm3/m2•atm•day or less for nitrogen for an average wall thickness of 20 mils, wherein the first composition comprises a dispersion of uncrosslinked polymers; wherein the printed layer has an elongation at break of at least 500 percent.
Henslet does not teach the bladder wall has a gas transmission rate of 15 cm3/m2•atm•day or less for nitrogen for an average wall thickness of 20 mils, wherein the first composition comprises a dispersion of uncrosslinked polymers
Bonk teaches a bladder having bladder wall with a gas transmission rate of 15 cm3/m2•atm•day or less for nitrogen for an average wall thickness of 20 mils (abstract).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the footwear of Henslet by using the gas transmission rate of Bonk in order to provide better flexibility for the bladder.
Wilson teaches a footwear having first composition comprises a water-borne dispersion of polymers (para 0090).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the footwear of Henslet by using a water-borne dispersion of polymers of Wilson in order to provide a flexible, light, and durable articles, particularly soles for use in an article of footwear.
Yakushidoh teaches a printed layer having an elongation at break of at least 500 percent (para 0074).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the layer of Henslet by using an elongation at break of at least 500 percent of Yakoshidoh in order to provide stronger holding bladder.
Regarding claim 18, the modified footwear Henslet-Bonk-Wilson-Yakoshidoh discloses the color composition comprises at least one selected from the following: an anionic dye, a cationic dye, a direct dye, a metal complex dye, a basic dye, a disperse dye, a solvent dye, a polymeric dye (Yakushidoh, para 0040 and 0083), a polymeric dye colorant, or a nonionic dye.
Regarding claim 19 the modified footwear Henslet-Bonk-Wilson-Yakoshidoh discloses the bladder wall comprises a film including at least one polymeric layer (Henslet, para 0058 to 0059).
Regarding claim 20, the modified footwear Henslet-Bonk-Wilson-Yakoshidoh discloses the at least one polymeric layer is about 0.1 to 40 mils in thickness (Henslet, para 0061).
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA D. HUYNH can be reached at (571)272-4888. 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.
BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732