Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9351536 (Schindler).
Regarding claims 1-9, Schindler discloses an upper component (bladder 30) for an article of footwear, the upper component comprising:
an exterior upper layer including a first continuous sheet of material forming: an exterior lateral heel region, an exterior lateral midfoot region, an exterior lateral forefoot region, an exterior central forefoot region, an exterior medial forefoot region, an exterior medial midfoot region, and an exterior medial heel region (bladder is directly formed by at least two layers of material (see col. 3, lines 52-60), wherein the top/outer layer represents exterior upper layer and the bottom/inner layer represents the interior upper layer; see figures 1-5 and 7 showing the continuous layers in the heel, midfoot, forefoot, central forefoot, medial forefoot, medial midfoot and medial heel regions as claimed); and
an interior upper layer including a second continuous sheet of material fixed to the first continuous sheet of material, the second continuous sheet of material forming:
an interior lateral heel region, an interior lateral midfoot region, an interior lateral forefoot region, an interior central forefoot region, an interior medial forefoot region, an interior medial midfoot region, and an interior medial heel region (bladder is directly formed by at least two layers of material (see col. 3, lines 52-60), wherein the top/outer layer represents exterior upper layer and the bottom/inner layer represents the interior upper layer; see figures 1-5 and 7 showing the continuous layers in the heel, midfoot, forefoot, central forefoot, medial forefoot, medial midfoot and medial heel regions as claimed),
wherein a fluid chamber is defined between the exterior upper layer and the interior upper layer (see bladder as described above), wherein the fluid chamber defines a continuous fluid path that extends through one or more upper regions as follows: (a) from a lateral heel region of the upper component, to a lateral midfoot region of the upper component, to a lateral forefoot region of the upper component, and/or (b) from a medial forefoot region of the upper component, to a medial midfoot region of the upper component, and to a medial heel region of the upper component, and/or (c) around a forefoot region of the upper component from a lateral forefoot side of the upper component to a medial forefoot side of the upper component, and/or (d) around a heel region of the upper component from a lateral heel side of the upper component to a medial heel side of the upper component (the bladder as shown in figures 1-5 and 7 extend in all of these regions as claimed and therefore “extend through one or more upper regions” as claimed.).
Regarding claim 2 [2. The upper component according to claim 1, wherein an inner surface of the fluid chamber is formed directly by: (a) an interior surface of the exterior upper layer and (b) an interior surface of the interior upper layer.]; bladder is directly formed by at least two layers of material, wherein the top/outer layer represents exterior upper layer and the bottom/inner layer represents the interior upper layer; see figures 1-5 and 7 and col. 3, lines 52-60.
Regarding the ring chambers in claims 3-9, Schindler teaches several ring chambers, for example see rings formed around through holes (e.g. 60a,60b in the heel region; 70,80 formed in the midfoot region; and 42,44a,44d in the forefoot region). For example the through holes (60a,60b) in the heel region which form ring chambers around these holes and have fluid passageways between and connecting the ring chambers together. Additional chambers are formed around each of these through holes and fluid passageways extending between rings.
Regarding claims 10-11, Schindler discloses an upper component (bladder 30) for an article of footwear, the upper component consisting essentially of:
an exterior continuous layer of material forming: an exterior lateral heel region, an exterior lateral midfoot region, an exterior lateral forefoot region, an exterior central forefoot region, an exterior medial forefoot region, an exterior medial midfoot region, and an exterior medial heel region (bladder is directly formed by at least two layers of material (see col. 3, lines 52-60), wherein the top/outer layer represents exterior continuous layer and the bottom/inner layer represents the interior upper layer; see figures 1-5 and 7 showing the continuous layers in the heel, midfoot, forefoot, central forefoot, medial forefoot, medial midfoot and medial heel regions as claimed); and
an interior continuous layer of material fixed directly to the exterior continuous layer of material, the interior continuous layer of material forming: an interior lateral heel region, an interior lateral midfoot region, an interior lateral forefoot region, an interior central forefoot region, an interior medial forefoot region, an interior medial midfoot region, and an interior medial heel region (bladder is directly formed by at least two layers of material (see col. 3, lines 52-60), wherein the top/outer layer represents exterior upper layer and the bottom/inner layer represents the interior continuous layer; see figures 1-5 and 7 showing the continuous layers in the heel, midfoot, forefoot, central forefoot, medial forefoot, medial midfoot and medial heel regions as claimed),
wherein a fluid chamber is defined between the exterior continuous layer of material and the interior continuous layer of material (see bladder as described above).
Regarding claim 11 [11. The upper component according to claim 10, wherein the fluid chamber defines a continuous fluid path that extends continuously between two or more regions of the upper component selected from the group consisting of: a lateral heel region of the upper component, a lateral midfoot region of the upper component, a lateral forefoot region of the upper component, a forward forefoot region of the upper component, a medial forefoot region of the upper component, a medial midfoot region of the upper component, and a medial heel region of the upper component.]; the bladder as shown in figures 1-5 and 7 extend in all of these regions as claimed and therefore “extend through one or more upper regions” as claimed.
Allowable Subject Matter
Claims 12-20 are allowed. Schindler doesn’t teach all of the limitations as defined in claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including:
-“The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.”
--“A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.”
-Moreover, “The prompt development of a clear issue requires that the replies of the applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06” MPEP 714.02. The “disclosure” includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TED KAVANAUGH whose telephone number is (571) 272-4556. The examiner can normally be reached on Monday-Thursday 8AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached on 57-1272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ted Kavanaugh/
Primary Patent Examiner
Art Unit 3732
Tel: (571) 272-4556