DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on April 28, 2026 in which claims 1-4, 7-15 and 17-20 are presented for examination. Claims 5-6 and 16 have been withdrawn.
Election/Restrictions
Claims 5-6 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species and Sub-species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 28, 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 4 recites “the thickness of other portions of the heel cup is constant”, which is indefinite since it is unclear as to what structures constitute “other portions of the heel cup”, for purposes of examination, examiner is interpreting the limitation as best understood.
All dependent claims are rejected for depending from a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 7, 13-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weeks (2023/0284748).
Regarding claim 1, Weeks teaches, a heel cup applied in a shoe (52 applied in a show, [0038], [0039], [0043], figures 1-12), the heel cup comprising: an inner surface and an outer surface, the outer surface surrounding the inner surface, each of the inner surface and the outer surface being a curved surface (52 comprising: an inner surface and an outer surface, the outer surface surrounding the inner surface, each of the inner surface and the outer surface being a curved surface, figures 1-3); a first part and a second part connected along a longitudinal direction of the heel cup, cross sections of the heel cup along the longitudinal direction being arc shaped, one of the cross sections along a central axis M of the heel cup along the longitudinal direction comprising an upper arc and a lower arc connected along the longitudinal direction, the first part corresponding to the upper arc, and the second part corresponding to the lower arc (64 and 54 connected along a longitudinal direction of 52, cross sections of 52 along the longitudinal direction being arc shaped (figures 2, 3, 6a-6b), one of the cross sections along a central axis M of 52 along the longitudinal direction comprising WU and WL connected along the longitudinal direction, 64 corresponding to WU, and 54 corresponding to WL, [0041], [0046], figure 6A, see also figures 1-3, 6B), wherein when viewed from a side where the inner surface of the heel cup is located, the inner surface of the first part is a convex surface, and the inner surface of the second part is a concave surface; the upper arc of the first part has a first bending amplitude, and the lower arc of the second part has a second bending amplitude, the first bending amplitude is greater than or equal to the second bending amplitude, wherein the first bending amplitude is a distance between a midpoint of a first line connecting two ends of the upper arc and a midpoint of the upper arc, and the second bending amplitude is a distance between a midpoint of a second line connecting two ends of the lower arc and a midpoint of the lower arc the inner surface of the first part is a convex surface, and the inner surface of the second part is a concave surface; the upper arc of the first part has a first bending amplitude, and the lower arc of the second part has a second bending amplitude, the first bending amplitude is greater than or equal to the second bending amplitude, wherein the first bending amplitude is a distance between a midpoint of a first line connecting two ends of the upper arc and a midpoint of the upper arc, and the second bending amplitude is a distance between a midpoint of a second line connecting two ends of the lower arc and a midpoint of the lower arc (wherein when viewed from a side where the inner surface of 52 is located, the inner surface of 64 is a convex surface, and the inner surface of 54 is a concave surface; WU of 64 has a first bending amplitude, and WL of 64 has a second bending amplitude, the first bending amplitude (of WU) is greater than or equal to the second bending amplitude (of WL), wherein the first bending amplitude (of WU) is a distance between a midpoint of a first line connecting two ends of WU and a midpoint of WU, and the second bending amplitude (of WL) is a distance between a midpoint of a second line connecting two ends of WL and a midpoint of WL, [0041], [0042], [0043, [0046], figures 1-12).
Regarding claim 2, Weeks teaches, wherein a top portion of the inner surface of the first part, away from the second part, is inclined towards the second part; the heel cup is compressible, the heel cup is configured to be in a first state or in a second state, the heel cup is in the first state when the heel cup is not compressed, and the heel cup is in the second state when the heel cup is compressed and elastically deformed; the heel cup is switchable between the first state and the second state; to the heel cup switches from the first state to the second state a height of the heel cup along the longitudinal direction decreases, and a width of the second part, in a horizontal plane perpendicular to the longitudinal direction, increases (wherein a top portion of the inner surface of 64, away from 54, is inclined towards 54; 52 is compressible, 52 is configured to be in a first state or in a second state, 52 is in the first state when 52 is not compressed, and 52 is in the second state when 52 is compressed and elastically deformed; 52 is switchable between the first state and the second state; to 52 switches from the first state to the second state a height of 52 along the longitudinal direction decreases, and a width of 54, in a horizontal plane perpendicular to the longitudinal direction, increases, [0038], [0041], [0042], [0043], [0046], figures 1-12).
Regarding claim 3, Weeks teaches, wherein in the first state, a first angle is formed between a top portion of the inner surface of the first part, away from the second part, and an axis along the longitudinal direction, the first angle is an acute angle; in the second state, a second angle is formed between the top portion of the inner surface of the first part, away from the second part, and the axis along the longitudinal direction, the second angle is an acute angle and is greater than the first angle; in the second state, a second angle is formed between the top portion of the inner surface of the first part, away from the second part, and the axis along the longitudinal direction, the second angle is an acute angle and is greater than the first angle (wherein in the first state, a first angle is formed between a top portion of the inner surface of 64, away from 54, and an axis along the longitudinal direction, the first angle is an acute angle; in the second state, a second angle is formed between the top portion of the inner surface of 54, away from 64, and the axis along the longitudinal direction, the second angle is an acute angle and is greater than the first angle, [0038], [0041], [0042], [0043], [0046], figures 1-12).
Regarding claim 4, Weeks teaches, wherein the heel cup comprises at least one edge contour, the at least one edge contour defines a contour of the inner surface and a contour of the outer surface; the at least one edge contour comprises a first contour line in a horizontal plane direction and a second contour line intersecting with the horizontal plane direction, each of the first contour line and the second contour line is a curve; a distance between the inner surface and the outer surface is defined as a thickness of the heel cup; except for portions of the heel cup comprising the at least one edge contour, the thickness of other portions of the heel cup is constant, the thickness of the portions of the heel cup comprising the at least one edge contour is less than the thickness of other portions of the heel cup (wherein 52 comprises at least one annotated edge contour, the at least one annotated edge contour defines a contour of the inner surface and a contour of the outer surface; the at least one annotated edge contour comprises a first contour line in a horizontal plane direction and a second contour line intersecting with the horizontal plane direction, each of the first contour line and the second contour line is a curve (annotated figure 2, figures 1-7); a distance between the inner surface and the outer surface is defined as a thickness of 52; except for portions of 52 comprising the at least one annotated edge contour, the thickness of other portions of the heel cup is constant, the thickness of the portions of 52 comprising the at least one edge contour is less than the thickness of other portions of the 52, [0054], figures 9 and 10).
Regarding claim 7, Weeks teaches, wherein the heel cup further defines a hollow pattern, the hollow pattern comprises a plurality of through holes spaced apart from each other, each of the plurality of through holes extends through each of the inner surface and the outer surface; each of the plurality of through holes is empty; or at least one of plurality of through holes is filled with an additional material that is different from a material of the heel cup, the additional material has a better elasticity than that of the material of the heel cup (“The central region of the mid-portion of the heel cup may have a single aperture or a plurality of apertures. Just as the central region of the mid-portion may be constructed with less material than the maximum thickness of the collar and/or the maximum thickness of the base, the central region of the mid-portion of the heel cup may be constructed with a material of greater flexibility than the material forming its periphery. The resulting effects of the central region comprising a single aperture, a plurality of apertures, a lesser thickness, and/or a material of greater flexibility, may serve to facilitate entry and removal of the user's foot from the shoe.”, [0047], therefore, wherein 52 further defines a hollow pattern (“plurality of apertures”), the hollow pattern (“plurality of apertures”) comprises a plurality of through holes spaced apart from each other, each of the plurality of through holes extends through each of the inner surface and the outer surface; each of the plurality of through holes is empty; or at least one of plurality of through holes is filled with an additional material that is different from a material of the heel cup, the additional material has a better elasticity than that of the material of the heel cup).
Regarding claim 13, Weeks teaches, a shoe (12, [0037], [0038], [0043], figures 1-12) comprising: a sole, an upper connected to the sole, the upper defining a shoe opening, and a heel cup located at a back position of the upper (12 comprising: a sole, 16 connected to the sole, 16 defining a shoe opening, and 52 located at a back position of 16, [0037], [0038], [0039], figures 1-12), the heel cup comprising: an inner surface and an outer surface, the outer surface surrounding the inner surface, and each of the inner surface and the outer surface being a curved surface (52 comprising: an inner surface and an outer surface, the outer surface surrounding the inner surface, each of the inner surface and the outer surface being a curved surface, figures 1-3); a first part and a second part connected along a longitudinal direction of the heel cup, cross sections of the heel cup along the longitudinal direction being arc shaped, one of the cross sections along a central axis M of the heel cup along the longitudinal direction comprising an upper arc and a lower arc connected along the longitudinal direction, the first part corresponding to the upper arc, and the second part corresponding to the lower arc (64 and 54 connected along a longitudinal direction of 52, cross sections of 52 along the longitudinal direction being arc shaped (figures 2, 3, 6a-6b), one of the cross sections along a central axis M of 52 along the longitudinal direction comprising WU and WL connected along the longitudinal direction, 64 corresponding to WU, and 54 corresponding to WL, [0041], [0046], figure 6A, see also figures 1-3, 6B), wherein when viewed from a side where the inner surface of the heel cup is located, the inner surface of the first part is a convex surface, and the inner surface of the second part is a concave surface; the upper arc of the first part has a first bending amplitude, and the lower arc of the second part has a second bending amplitude, the first bending amplitude is greater than or equal to the second bending amplitude, wherein the first bending amplitude is a distance between a midpoint of a first line connecting two ends of the upper arc and a midpoint of the upper arc, and the second bending amplitude is a distance between a midpoint of a second line connecting two ends of the lower arc and a midpoint of the lower arc (wherein when viewed from a side where the inner surface of 52 is located, the inner surface of 64 is a convex surface, and the inner surface of 54 is a concave surface; WU of 64 has a first bending amplitude, and WL of 64 has a second bending amplitude, the first bending amplitude (of WU) is greater than or equal to the second bending amplitude (of WL), wherein the first bending amplitude (of WU) is a distance between a midpoint of a first line connecting two ends of WU and a midpoint of WU, and the second bending amplitude (of WL) is a distance between a midpoint of a second line connecting two ends of WL and a midpoint of WL, [0041], [0042], [0043, [0046], figures 1-12).
Regarding claim 14, Weeks teaches, wherein a top portion of the inner surface of the first part, away from the second part is inclined towards the second part; the heel cup is compressible, the heel cup is configured to be in a first state or in a second state, the heel cup is in the first state when the heel cup is not compressed, and the heel cup is in the second state when the heel cup is compressed and elastically deformed; the heel cup is switchable between the first state and the second state; to the heel cup switches from the first state to the second state when the first part descends along the longitudinal direction, and a width of the second part, in a horizontal plane perpendicular to the longitudinal direction, increases to a preset amount (wherein a top portion of the inner surface of 64, away from 54, is inclined towards 54; 52 is compressible, 52 is configured to be in a first state or in a second state, 52 is in the first state when 52 is not compressed, and 52 is in the second state when 52 is compressed and elastically deformed; 52 is switchable between the first state and the second state; to 52 switches from the first state to the second state when 64 descends along the longitudinal direction, and a width of 54, in a horizontal plane perpendicular to the longitudinal direction, increases to a preset amount, [0038], [0041], [0042], [0043], [0046], figures 1-12).
Regarding claim 15, Weeks teaches, wherein in the first state, a first angle is formed between a top portion of the inner surface of the first part, away from the second part, and an axis along the longitudinal direction, the first angle is an acute angle; in the second state, a second angle is formed between the top portion of the inner surface of the first part, away from the second part, and the axis along the longitudinal direction, the second angle is an acute angle and is greater than the first angle (wherein in the first state, a first angle is formed between a top portion of the inner surface of 64, away from 54, and an axis along the longitudinal direction, the first angle is an acute angle; in the second state, a second angle is formed between the top portion of the inner surface of 54, away from 64, and the axis along the longitudinal direction, the second angle is an acute angle and is greater than the first angle, [0038], [0041], [0042], [0043], [0046], figures 1-12).
Regarding claim 17, Weeks teaches, wherein the heel cup further defines a hollow pattern, the hollow pattern comprises a plurality of through holes spaced apart from each other, each of the plurality of through holes extends through both each of the inner surface and the outer surface; each of the plurality of through holes is empty; or at least one of plurality of through holes is filled with an additional material that is different from a material of the heel cup, the additional material has a better elasticity than that of the material of the heel cup (“The central region of the mid-portion of the heel cup may have a single aperture or a plurality of apertures. Just as the central region of the mid-portion may be constructed with less material than the maximum thickness of the collar and/or the maximum thickness of the base, the central region of the mid-portion of the heel cup may be constructed with a material of greater flexibility than the material forming its periphery. The resulting effects of the central region comprising a single aperture, a plurality of apertures, a lesser thickness, and/or a material of greater flexibility, may serve to facilitate entry and removal of the user's foot from the shoe.”, [0047], therefore, wherein 52 further defines a hollow pattern (“plurality of apertures”), the hollow pattern (“plurality of apertures”) comprises a plurality of through holes spaced apart from each other, each of the plurality of through holes extends through each of the inner surface and the outer surface; each of the plurality of through holes is empty; or at least one of plurality of through holes is filled with an additional material that is different from a material of the heel cup, the additional material has a better elasticity than that of the material of the heel cup).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8-12 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weeks (2023/0284748) in view of Cheney et al. (2020/0367607)[Cheney].
Regarding claim 8, Weeks teaches, wherein the heel cup comprises a top end and a bottom end opposite to the top end along the longitudinal direction (wherein 52 comprises a top end and a bottom end opposite to the top end along the longitudinal direction, figures 1-12).
Weeks fails to teach, the heel cup further comprises a crossbeam part between the top end and the bottom end, the crossbeam part is an arc convex towards the top end, the plurality of through holes are distributed on opposite sides of the crossbeam part along the longitudinal direction; the crossbeam part locates in the second part, or the crossbeam part mainly locates in the second part and extends slightly in the first part.
Cheney teaches, the heel cup further comprises a crossbeam part between the top end and the bottom end, the crossbeam part is an arc convex towards the top end, the plurality of through holes are distributed on opposite sides of the crossbeam part along the longitudinal direction; the crossbeam part locates in the second part, or the crossbeam part mainly locates in the second part and extends slightly in the first part (110 further comprises 111 between the top end and the bottom end, 111 part is an arc convex towards the top end, the plurality of through holes are distributed on opposite sides of 111 along the longitudinal direction; 111 locates in the second part, or the crossbeam part mainly locates in the second part and extends slightly in the first part, [0028], [0031], [0035], [0036], [0038], [0046], [0049], [0053], figures 6A-6C, see also figures 1F, 1J, 1K, 1M, 1N and 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide heel cup of Weeks a crossbeam as taught by Cheney in order to provide a crossbeam rib that provides as a rib between the apertures allowing for the apertures “to enable the heel portion of the rapid-entry shoe 100 to be collapsed downward toward the base without deflecting inward toward a shoe opening.”, Col. 5 ln. 19-21.
Regarding claim 9, the combined references teach, wherein the heel cup further comprises at least one first sub-crossbeam part, each of the at least one first sub-crossbeam part is a solid portion of the heel cup between some of the plurality of through holes on a side of the crossbeam part adjacent to the bottom end; each of the at least one first sub-crossbeam part is arc convex towards the bottom end (as combined above 52 of Weeks has a crossbeam part 111 of Chaney, therefore wherein 52 further comprises at least one annotated first sub-crossbeam part, each of the at least one annotated first sub-crossbeam part is a solid portion of the heel cup between some of the plurality of through holes on a side of 111 adjacent to the bottom end; each of the at least one annotated first sub-crossbeam part is arc convex towards the bottom end, Chaney annotated figure 6B, see also Cheney figures 6A and 6C).
Regarding claim 10, the combined references teach, wherein the plurality of through holes comprises a first through hole and a second through hole (Weeks, wherein the plurality of through holes comprises a first through hole and a second through hole, [0047]).
While Weeks discloses a plurality of through holes, and the combined references teach a crossbeam part, the combined references fail to teach, wherein the plurality of through holes comprises a first through hole and a second through hole on a side the crossbeam part adjacent to the top end and in a middle position of heel cup; the heel cup further comprises a second sub-crossbeam part, the second sub-crossbeam part is a solid portion between the first through hole and the second through hole; the second sub-crossbeam part is an S-shaped arc along a direction perpendicular to the longitudinal direction.
Cheney further teaches, wherein the plurality of through holes comprises a first through hole and a second through hole on a side the crossbeam part adjacent to the top end and in a middle position of heel cup (wherein the plurality of 112 comprises a first 112 and a second 112 on a side 111 adjacent to the top end and in a middle position of 110, [0028], [0031], [0035], [0036], [0038], [0046], [0049], [0053], annotated figure 6B, see also figures 6A and 6C); the heel cup further comprises a second sub-crossbeam part, the second sub-crossbeam part is a solid portion between the first through hole and the second through hole; the second sub-crossbeam part is an S-shaped arc along a direction perpendicular to the longitudinal direction (110 further comprises an annotated second sub-crossbeam part, the annotated second sub-crossbeam part is a solid portion between the annotated first through hole and the annotated second through hole; the second sub-crossbeam part is an S-shaped arc along a direction perpendicular to the longitudinal direction, annotated figure 6B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide heel cup of Weeks a first and second through holes and a second sub-crossbeam part between the first and second through holes as taught by Cheney in order to provide a second sub-crossbeam that provides as a rib between the apertures allowing for the apertures “to enable the heel portion of the rapid-entry shoe 100 to be collapsed downward toward the base without deflecting inward toward a shoe opening.”, Col. 5 ln. 19-21.
Regarding claim 11, the combined references teach, wherein opening areas of the through holes on a side the crossbeam part adjacent to the top end gradually decreases from a middle of the heel cup to opposite sides of the heel cup; opening areas of the through holes on a side the crossbeam part adjacent to the bottom end gradually decreases from a middle of the heel cup to opposite sides of the heel cup (as combined above 52 of Weeks has a crossbeam part 111 of Chaney, therefore, wherein opening areas of 112 on a side 111 adjacent to the top end gradually decreases from a middle of 52 of Weeks to opposite sides of 52 of Weeks; opening areas of 112 on a side 111 adjacent to the bottom end gradually decreases from a middle of 52 of Weeks to opposite sides of 52 of Weeks, Chaney annotated figure 6B).
Regarding claim 12, the combined references teach, wherein a material of the crossbeam part is different from a material of the heel cup, and a strength and an elasticity of the material of the crossbeam part are greater than those of the material of the heel cup (Weeks, “the heel cup may be a rigid heel cup constructed of a substantially incompressible material under the load of the foot.”, [0050], “the heel cup is a thermoplastic material that provides sufficient support as a heel counter.”, [0075], Cheney, “In example embodiments, the lattice structure 110 disclosed herein is not merely a common fabric/textile material, but instead is a material that is capable of being reversibly compressed such that it recoils back up after the foot/heel of the user is no longer applying the downward compressive force. For example, the lattice structure 100 may be made from or comprise a polymer material, a metallic material, or a composite material, among others.”, [0027], see also [0049], therefore, wherein a material of 111 of Cheney is different from a material of 52 of Weeks, and a strength and an elasticity of the material of 111 of Cheney are greater than those of the material of 52 of Weeks, Weeks figures 1-12 and Cheney figures 6A-6C).
Regarding claim 18, Weeks teaches, wherein the heel cup comprises a top end and a bottom end opposite to the top end along the longitudinal direction (wherein 52 comprises a top end and a bottom end opposite to the top end along the longitudinal direction, figures 1-12).
Weeks fails to teach, the heel cup further comprises a crossbeam part between the top end and the bottom end, the crossbeam part is an arc convex towards the top end, the plurality of through holes are distributed on opposite sides of the crossbeam part along the longitudinal direction; the crossbeam part locates in the second part, or the crossbeam part mainly locates in the second part and extends slightly in the first part.
Cheney teaches, the heel cup further comprises a crossbeam part between the top end and the bottom end, the crossbeam part is an arc convex towards the top end, the plurality of through holes are distributed on opposite sides of the crossbeam part along the longitudinal direction; the crossbeam part locates in the second part, or the crossbeam part mainly locates in the second part and extends slightly in the first part (110 further comprises 111 between the top end and the bottom end, 111 part is an arc convex towards the top end, the plurality of through holes are distributed on opposite sides of 111 along the longitudinal direction; 111 locates in the second part, or the crossbeam part mainly locates in the second part and extends slightly in the first part, [0028], [0031], [0035], [0036], [0038], [0046], [0049], [0053], figures 6A-6C, see also figures 1F, 1J, 1K, 1M, 1N and 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide heel cup of Weeks a crossbeam as taught by Cheney in order to provide a crossbeam rib that provides as a rib between the apertures allowing for the apertures “to enable the heel portion of the rapid-entry shoe 100 to be collapsed downward toward the base without deflecting inward toward a shoe opening.”, Col. 5 ln. 19-21.
Regarding claim 19, Weeks teaches, wherein the heel cup further comprises at least one first sub-crossbeam part, each of the at least one first sub-crossbeam part is a solid portion of the heel cup between some of the plurality of through holes on a side of the crossbeam part adjacent to the bottom end; each of the at least one first sub-crossbeam part is arc convex towards the bottom end (as combined above 52 of Weeks has a crossbeam part 111 of Chaney, therefore wherein 52 further comprises at least one annotated first sub-crossbeam part, each of the at least one annotated first sub-crossbeam part is a solid portion of the heel cup between some of the plurality of through holes on a side of 111 adjacent to the bottom end; each of the at least one annotated first sub-crossbeam part is arc convex towards the bottom end, Chaney annotated figure 6B, see also Cheney figures 6A and 6C).
While Weeks discloses a plurality of through holes, and the combined references teach a crossbeam part, the combined references fail to teach, the plurality of through holes comprises a first through hole and a second through hole on a side the crossbeam part adjacent to the top end and in a middle position of heel cup; the heel cup further comprises a second sub-crossbeam part, the second sub-crossbeam part is a solid portion between the first through hole and the second through hole; the second sub-crossbeam part is an S-shaped arc along a direction perpendicular to the longitudinal direction.
Cheney further teaches, the plurality of through holes comprises a first through hole and a second through hole on a side the crossbeam part adjacent to the top end and in a middle position of heel cup (wherein the plurality of 112 comprises a first 112 and a second 112 on a side 111 adjacent to the top end and in a middle position of 110, [0028], [0031], [0035], [0036], [0038], [0046], [0049], [0053], annotated figure 6B, see also figures 6A and 6C); the heel cup further comprises a second sub-crossbeam part, the second sub-crossbeam part is a solid portion between the first through hole and the second through hole; the second sub-crossbeam part is an S-shaped arc along a direction perpendicular to the longitudinal direction (110 further comprises an annotated second sub-crossbeam part, the annotated second sub-crossbeam part is a solid portion between the annotated first through hole and the annotated second through hole; the second sub-crossbeam part is an S-shaped arc along a direction perpendicular to the longitudinal direction, annotated figure 6B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide heel cup of Weeks a first and second through holes and a second sub-crossbeam part between the first and second through holes as taught by Cheney in order to provide a second sub-crossbeam that provides as a rib between the apertures allowing for the apertures “to enable the heel portion of the rapid-entry shoe 100 to be collapsed downward toward the base without deflecting inward toward a shoe opening.”, Col. 5 ln. 19-21.
Regarding claim 20, Weeks teaches, wherein, wherein opening areas of the through holes on a side the crossbeam part adjacent to the top end gradually decreases from a middle of the heel cup to opposite sides of the heel cup; opening areas of the through holes on a side the crossbeam part adjacent to the bottom end gradually decreases from a middle of the heel cup to opposite sides of the heel cup; or a material of the crossbeam part is different from a material of the heel cup, a strength and an elasticity of the material of the crossbeam part are greater than those of the material of the heel cup (as combined above 52 of Weeks has a crossbeam part 111 of Chaney, therefore, wherein opening areas of 112 on a side 111 adjacent to the top end gradually decreases from a middle of 52 of Weeks to opposite sides of 52 of Weeks; opening areas of 112 on a side 111 adjacent to the bottom end gradually decreases from a middle of 52 of Weeks to opposite sides of 52 of Weeks, Chaney annotated figure 6B).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2023/0033366 by Farina discloses a heel cup with a cross beam part, and through holes.
2. 2011/0185592 by Nishiwaki discloses a heel cup with a cross beam part, and through holes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
Prosecution Insights