DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/08/2026 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “wherein the component includes the midsole”, while claim 7 recites “the upper includes a composite element having the knit textile thermally bonded to a component”. It is unclear how “the midsole” can be a structure of “the upper”.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
Claims 1-23 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dua (US 2004/0118018) in view of Dua (US 2010/0199406)(hereinafter Dua’406).
Regarding claim 1, Dua teaches a knit textile (fig. 3D), comprising:
a plurality of yarn (fig. 3D, yarn 146) that is knitted together to form the knit textile, wherein the knit textile defines an upper of an article of footwear (fig. 1);
a pair of fused regions (fig. 1, regions 133, 135) formed along the upper, wherein the plurality of yarn knitted together to form the knit textile is fused at each of the pair of fused regions (fig. 1, para. [0040], [0042]);
wherein the article of footwear includes a midsole (fig. 1, midsole 111) coupled to the knit textile of the upper such that the midsole is positioned adjacent to the pair of fused regions (fig. 1); and
wherein the article of footwear includes an outsole (fig. 1, outsole 112) coupled to the midsole on an opposite side of the knit textile such that the outsole is separated from the pair of fused regions by the midsole (fig. 1).
Dua does not clearly teach the yarns are fused to a different predefined axial depth at each of the pair of fused regions.
However, in the same field of endeavor, Dua’406 teaches the yarns are fused to a different predefined axial depth at fused regions (figs. 6A-6E), which depends on the materials utilized and the manner in which fused regions are formed (para. [0078]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Dua with the teaching that the yarns are fused to a different predefined axial depth at each of the pair of fused regions as taught by Dua’406 for the benefit of providing different characteristics in permeability, durability and stretch resistance to different regions (Dua’406, para. [0082]).
Regarding claim 2, the modified structure Dua-Dua’406 does not teach the predefined axial depth that the plurality of knitted yarn is fused along the upper at one of the pair of fused regions is relatively greater than at the other of the pair of fused regions.
However, Dua’406 teaches the yarns are fused to a different predefined axial depth at each of the pair of fused regions (figs. 6A-6E), therefore, there is a fused region in which the yarns are fused greater in axial depth than other fused regions.
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that the predefined axial depth that the plurality of knitted yarn is fused along the upper at one of the pair of fused regions is relatively greater than at the other of the pair of fused regions as suggested by Dua’406 by varying the materials in each fused regions or the manner in which the fused regions are formed (Dua’406, (para. [0078])) for the benefit of providing different characteristics in permeability, durability and stretch resistance to different regions (Dua’406, para. [0082]).
Regarding claim 3, the modified structure Dua-Dua’406 teaches the plurality of knitted yarn is weaved or interlooped together via a knitting machine (Dua, para. [0054], by a circular knitting machine) to form the knit textile.
Regarding claim 4, the modified structure Dua-Dua’406 teaches each of the plurality of knitted yarn is defined by one or more filaments combined together to form the yarn that is knitted into the knit textile of the upper (Dua, figs. 4A-4D, para. [0051]).
Regarding claim 5, the modified structure Dua-Dua’406 teaches the plurality of yarn that is knitted together to form the knit textile of the upper is made of a thermoplastic polymer material (Dua, para. [0046]).
Dua does not teach the upper, the midsole and the outsole are formed of a first material such that the plurality of yarn that is knitted together to form the knit textile of the upper is made of the first material.
However, Dua’406 teaches the upper, the midsole, and the outsole are formed of a thermoplastic polymer material (para. [0159], [0160]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that the upper, the midsole, and the outsole are formed of a thermoplastic polymer material as taught by Dua’406 for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product. Therefore, waste is decreased while increasing the manufacturing efficiency and recyclability (Dua’406, para. [0004]).
Regarding claim 6, the modified structure Dua-Dua’406 teaches each of the plurality of yarn includes a plurality of filaments formed from a thermoplastic polymer material (Dua, para. [0046]-[0048]); and wherein the pair of fused regions are formed by thermal bonding the thermoplastic polymer material of the plurality of filaments (Dua, para. [0058]) within the pair of fused regions.
Regarding claim 7, the modified structure Dua-Dua’406 does not teach the upper includes a composite element having the knit textile thermally bonded to a component, the component being at least one of an element of polymer foam, a polymer sheet, or a plate.
However, Dua’406 teaches textile 100 is joined with other components to form composite elements, which are thermally bonded together (figs. 10-11, para. [0097]), the component being a polymer foam, a polymer sheet or a plate (figs. 10-11, para. [0096])(or fig. 40C shows a composite upper, which comprises textile layer 103 and foam layer 150) .
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the upper of the modified structure Dua-Dua’406 to include a composite element having the knit textile thermally bonded to a component, the component being at least one of an element of polymer foam, a polymer sheet, or a plate as taught by Dua’406 for the benefit of providing cushioning (i.e., attenuation of impact forces) to the upper (Dua’406, para. [0096]).
Regarding claim 8, the modified structure Dua-Dua’406 does not teach the component includes the midsole such that the midsole is at least one of the element of polymer foam, the polymer sheet, or the plate.
However, Dua’406 teaches the component includes the midsole such that the midsole is at least one of the element of polymer foam, the polymer sheet, or the plate (fig. 39A, midsole 412 is a plate; para. [0159], midsole is heat-bonded to the upper).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that the component includes the midsole such that the midsole is at least one of the element of polymer foam, the polymer sheet, or the plate as taught by Dua’406 for the benefit of providing cushioning (i.e., attenuation of impact forces) to the sole structure.
Regarding claim 9, the modified structure Dua-Dua’406 does not clearly teach the midsole is formed from a thermoplastic polymer material and is thermally bonded to the knit textile of the upper.
However, Dua’406 teaches the midsole is formed from a thermoplastic polymer material and is thermally bonded to the knit textile of the upper (para. [0159]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the midsole of the modified structure Dua-Dua’406 to be formed from a thermoplastic polymer material and is thermally bonded to the knit textile of the upper as taught by Dua’406 for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product. Therefore, waste is decreased while increasing the manufacturing efficiency and recyclability (Dua’406, para. [0004]).
Regarding claim 10, the modified structure Dua-Dua’406 does not clearly teach the outsole is formed from the thermoplastic polymer material and is thermally bonded to the midsole.
However, Dua’406 teaches the outsole is formed from the thermoplastic polymer material and is thermally bonded to the midsole (para. [0170], heat-bonds may also be utilized when a thermoset polymer foam material is utilized within sole structure 410).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that the outsole is formed from the thermoplastic polymer material and is thermally bonded to the midsole as taught by Dua’406 for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product (Dua’406, para. [0004]) .
Regarding claim 11, the modified structure Dua-Dua’406 teaches at least ninety-five percent of a material of filaments forming the plurality of yarn is the thermoplastic polymer material (Dua, fig. 4A, yarn 151 is formed of only monocomponent strand 152; para. [0012], the first strands may be monocomponent strands that only include the thermoplastic polymer material).
Regarding claim 12, the modified structure Dua-Dua’406 does not teach at least sixty percent of a combined mass of the upper and a sole structure including the midsole and the outsole is from thermoplastic polymer materials.
However, Dua’406 teaches at least sixty percent of a combined mass of the upper and a sole structure including the midsole and the outsole is from thermoplastic polymer materials (Dua’406, para. [0160]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that at least sixty percent of a combined mass of the upper and a sole structure including the midsole and the outsole is from thermoplastic polymer materials as taught by Dua’406 for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product. Therefore, waste is decreased while increasing the manufacturing efficiency and recyclability (Dua’406, para. [0004]).
Regarding claim 13, the modified structure Dua-Dua’406 teaches the plurality of yarn is knitted to form the knit textile as a single layer that defines the upper (Dua, fig. 3D).
Regarding claim 14, the modified structure Dua-Dua’406 does not teach a thermoplastic polymer material is extracted from another article and recycled for use in forming at least one of the knit textile of the upper, the midsole, or the outsole of the article of footwear.
However, Dua’406 teaches a thermoplastic polymer material is extracted from another article and recycled for use in forming at least one of the textile of the upper, the midsole, or the outsole of the article of footwear (fig. 50, para. [0188], [0189]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that a thermoplastic polymer material is extracted from another article and recycled for use in forming at least one of the knit textile of the upper, the midsole, or the outsole of the article of footwear as suggested by Dua’406 for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product. Therefore, waste is decreased while increasing the manufacturing efficiency and recyclability (Dua’406, para. [0004]).
Regarding claim 15, the modified structure Dua-Dua’406 teaches one or more of the upper, the midsole, and the outsole are formed of a thermoplastic polymer material that includes a thermoplastic polyurethane or a polyamide (Dua, para. [0046]).
Regarding claim 16, Dua teaches an article of footwear (fig. 1), comprising: a plurality of yarn that is knitted together to form a knit textile (fig. 3D), each of the plurality of yarn includes a plurality of filaments (figs. 4A-4D, para. [0051]), at least ninety-five percent of a material of the plurality of filaments being a thermoplastic polymer material (para. [0011], [0012], fig. 4A, the first strands are monocomponent strands that only include the thermoplastic polymer material), wherein the knit textile defines an upper of the article of footwear (fig. 1);
a pair of fused regions (fig. 1, regions 133, 135) formed along the upper by thermally bonding the thermoplastic polymer material of the plurality of filaments (fig. 1, para. [0040], [0042]), and
a sole structure coupled to the knit textile of the upper, the sole structure including a midsole (fig. 1, midsole 111) positioned adjacent to the pair of the fused regions and an outsole (fig. 1, outsole 112) coupled to the midsole on an opposite side of the knit textile such that the outsole is separated from the pair of fused regions by the midsole (fig. 1).
Dua does not teach the plurality of yarn is fused to a different predefined vertical depth at each of the pair of fused regions.
However, in the same field of endeavor, Dua’406 teaches the yarns are fused to a different predefined vertical depth at fused regions (figs. 6A-6E), which depends on the materials utilized and the manner in which fused regions are formed (para. [0078]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Dua with the teaching that the yarns are fused to a different predefined axial depth at each of the pair of fused regions as taught by Dua’406 for the benefit of providing different characteristics in permeability, durability and stretch resistance to different regions (Dua’406, para. [0082]).
Regarding claim 17, the modified structure Dua-Dua’406 does not teach the outsole is formed from the thermoplastic polymer material and the outsole is thermally bonded to the midsole.
However, Dua’406 teaches the outsole is formed from the thermoplastic polymer material and the outsole is thermally bonded to the midsole (para. [0170], heat-bonds may also be utilized when a thermoset polymer foam material is utilized within sole structure 410).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that the outsole is formed from the thermoplastic polymer material and is thermally bonded to the midsole as taught by Dua’406 for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product (Dua’406, para. [0004]).
Regarding claim 18, the modified structure Dua-Dua’406 does not teach the upper includes a composite element having the knit textile thermally bonded to the midsole, the midsole being an element of polymer foam.
However, Dua’406 teaches the upper includes a composite element (fig. 40C, the upper including textile layer 103 coupled to the foam layer 150) having the textile thermally bonded to the midsole (fig. 40C, para. [0159], midsole 412 is joined to the upper with a heat-bond), the midsole being an element of polymer foam (fig. 39F, midsole 425 can be polymer foam).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that the upper includes a composite element having the knit textile thermally bonded to the midsole, the midsole being an element of polymer foam for the benefit of providing cushioning (i.e., attenuation of impact forces) to the upper (Dua’406, para. [0096]) and facilitating in assembling the footwear parts by heat-bonding (Dua’406, para. [0004]).
Regarding claim 19, the modified structure Dua-Dua’406 teaches the thermoplastic polymer material of the plurality of filaments includes a thermoplastic polyurethane or a polyamide (Dua, para. [0046]).
Regarding claim 20, Dua teaches an article of footwear (fig. 1), comprising:
an upper including a knit textile (fig. 3D) formed from a plurality of yarn (fig. 3D, yarn 146) that is knitted together, each of the plurality of yarn includes a plurality of filaments formed from a thermoplastic polymer material (figs. 4A-4D, para. [0051]);
a pair of fused regions (fig. 1, regions 133, 135) formed along the upper by thermally bonding the thermoplastic polymer material of the plurality of filaments,
a midsole (fig. 1, midsole 111) such that the midsole is positioned adjacent to the pair of fused regions (fig. 1); and
an outsole (fig. 1, outsole 112) coupled to the midsole on an opposite side of the knit textile such that the outsole is separated from the pair of fused regions by the midsole (fig. 1).
Dua does not teach the plurality of yarn is fused to a different predefined material depth at each of the pair of fused regions; and the midsole formed from the thermoplastic polymer material and thermally bonded to the knit textile of the upper.
However, Dua’406 teaches the plurality of yarn is fused to a different predefined material depth at fused regions (figs. 6A-6E), which depends on the materials utilized and the manner in which fused regions are formed (para. [0078]); and the midsole formed from the thermoplastic polymer material and thermally bonded to the knit textile of the upper (para. [0159]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Dua with the teaching that the plurality of yarn is fused to a different predefined material depth at each of the pair of fused regions; and the midsole formed from the thermoplastic polymer material and thermally bonded to the knit textile of the upper as suggested by Dua’406 for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product (Dua’406, para. [0004]).
Regarding claim 21, the modified structure Dua-Dua’406 does not teach at least sixty percent of a combined mass of the upper and a sole structure that includes the midsole and the outsole is formed of the thermoplastic polymer material.
However, Dua’406 teaches at least sixty percent of a combined mass of the upper and a sole structure that includes the midsole and the outsole is formed of the thermoplastic polymer material (para. [0160], the percentage by mass of footwear 400 that is formed from the thermoplastic polymer materials may range from thirty percent to one-hundred percent).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that at least sixty percent of a combined mass of the upper and a sole structure that includes the midsole and the outsole is formed of the thermoplastic polymer material for the benefit of facilitating in assembling the footwear parts by heat-bonding and in recycling by decreasing the number of elements and materials utilized in a product (Dua’406, para. [0004]).
Regarding claim 22, the modified structure Dua-Dua’406 does not teach the thermoplastic polymer material of the plurality of filaments is extracted from another article and recycled for use in forming at least the knit textile of the upper.
However, Dua’406 teaches the thermoplastic polymer material of the plurality of filaments is extracted from another article and recycled for use in forming at least the textile of the upper (fig. 50, para. [0188]-[0189]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine the modified structure Dua-Dua’406 with the teaching that the thermoplastic polymer material of the plurality of filaments is extracted from another article and recycled for use in forming at least the knit textile of the upper as suggested by Dua’406 for the benefit of reducing waste while increasing the manufacturing efficiency and recyclability (Dua’406, para. [0004]).
Regarding claim 23, the modified structure Dua-Dua’406 teaches the thermoplastic polymer material of the upper and the midsole includes a thermoplastic polyurethane or polyamide (Dua, para. [0046]; Dua’406, para. [0064], [00160]).
Response to Arguments
Applicant’s arguments, dated 05/08/2026, with respect to the rejections of claims under 35 U.S.C 102/103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UYEN THI THAO NGUYEN whose telephone number is (571)272-8370. The examiner can normally be reached Monday-Friday 9 AM-6 PM EST.
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/UYEN T NGUYEN/Primary Examiner, Art Unit 3732
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