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 July 6, 2026 in which claims 21, 24-29, 33-35, 37-46 are presented for examination. Claims 1-20, 22-23, 30-32, 36 have been cancelled, claims 40-46 have been newly added.
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 21, 24-29, 33-35 and 37-40 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huffa et al. (2012/0234051)[Huffa].
Regarding claim 21, Huffa teaches, an upper for a shoe comprising: (a) an area of the upper manufactured as one-piece knitwear (“An article of footwear 100 is depicted in FIGS. 1-4C as including a sole structure 110 and an upper 120.”, [0031], “Knitted component 130 is formed of unitary knit construction. As utilized herein, a knitted component (e.g., knitted component 130) is defined as being formed of "unitary knit construction" when formed as a one-piece element through a knitting process”, [0036], “upper 120 is formed from a knitted component 130, which extends through each of regions 101-103, along both lateral side 104 and medial side 105, over forefoot region 101, and around heel region 103. In addition, knitted component 130 forms portions of both an exterior surface and an opposite interior surface of upper 120. As such, knitted component 130 defines at least a portion of the void within upper 120”, [0035], “Knitted component 130 is formed of unitary knit construction. As utilized herein, a knitted component (e.g., knitted component 130) is defined as being formed of "unitary knit construction" when formed as a one-piece element through a knitting process”, [0036], therefore, 120 for 100 comprising: (a) 130 of 120 manufactured as one-piece knitwear, figures 1-6); (b) the one-piece knitwear of the area comprising a multi-layer construction defining at least one void comprising a pocket or a tunnel between layers of the multi-layer construction (“The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132. Knit element 131 is formed from at least one yarn that is manipulated (e.g., with a knitting machine) to form a plurality of intermeshed loops that define a variety of courses and wales. That is, knit element 131 has the structure of a knit textile. Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D. When knitted component 130 is incorporated into footwear 100, therefore, inlaid strand 132 is located between the exterior surface and the interior surface of upper 120.”, [0039], therefore, 130 of the area comprising a multi-layer construction defining at least one void comprising a pocket or a tunnel between layers of the multi-layer construction, figures 1-6 and 7A-7D); and (c) a non-stretchable yarn comprising a length and arranged in the pocket or the tunnel along the one-piece knitwear of the area, the non-stretchable yarn limiting the stretching of the one-piece knitwear of the area to the length of the non-stretchable yarn wherein the one-piece knitwear of the area is stretchable along a longitudinal direction of the courses of the one-piece knitwear of the area, and wherein the non- stretchable yarn is arranged to limit the stretching of the one-piece knitwear of the area along the longitudinal direction (“Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “In comparison with knit element 131, inlaid strand 132 may exhibit greater stretch-resistance. That is, inlaid strand 132 may stretch less than knit element 131. Given that numerous sections of inlaid strand 132 extend from the throat area of upper 120 to the lower area of upper 120, inlaid strand 132 imparts stretch-resistance to the portion of upper 120 between the throat area and the lower area.”, [0043], “the materials forming inlaid strand 132 may include any of the materials for the yarn within knit element 131, such as cotton, elastane, polyester, rayon, wool, and nylon. As noted above, inlaid strand 132 may exhibit greater stretch-resistance than knit element 131.”, [0045], therefore, 132 comprising a length and arranged in the pocket or the tunnel along 130, 132 limiting the stretching of the one-piece knitwear of the area to the length of the non-stretchable yarn wherein 130 of the area is stretchable along a longitudinal direction of the courses of 130, and wherein 132 is arranged to limit the stretching of 130 along the longitudinal direction, figures 1-6 and 7A-7D).
Regarding claim 24, Huffa teaches, wherein the non-stretchable yarn is made from nylon (“the materials forming inlaid strand 132 may include any of the materials for the yarn within knit element 131, such as…nylon.”, [0045], therefore, wherein 132 is made from nylon).
Regarding claim 25, Huffa teaches, wherein the area of the upper manufactured as one-piece knitwear comprises a first partial area, wherein the upper further comprises a second partial area manufactured as the one-piece knitwear, wherein the first partial area comprises a first yarn, wherein the second partial area comprises a second yarn, and wherein the first yarn is more elastic than the second yarn (“Knit element 131 may incorporate various types of yarn that impart different properties to separate areas of upper 120. That is, one area of knit element 131 may be formed from a first type of yarn that imparts a first set of properties, and another area of knit element 131 may be formed from a second type of yarn that imparts a second set of properties. In this configuration, properties may vary throughout upper 120 by selecting specific yarns for different areas of knit element 131. The properties that a particular type of yarn will impart to an area of knit element 131 partially depend upon the materials that form the various filaments and fibers within the yarn. Cotton, for example, provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recovery, with stretch polyester also providing recyclability. Rayon provides high luster and moisture absorption. Wool also provides high moisture absorption, in addition to insulating properties and biodegradability. Nylon is a durable and abrasion-resistant material with relatively high strength. Polyester is a hydrophobic material that also provides relatively high durability. In addition to materials, other aspects of the yarns selected for knit element 131 may affect the properties of upper 120.”, [0044], therefore, wherein the area of 120 manufactured as 130 comprises a first partial area (“one area of knit element 131 may be formed from a first type of yarn that imparts a first set of properties”), wherein 120 further comprises a second partial area manufactured as 130 (“another area of knit element 131 may be formed from a second type of yarn that imparts a second set of properties”), wherein the first partial area comprises a first yarn (“one area of knit element 131 may be formed from a first type of yarn”), wherein the second partial area comprises a second yarn (“another area of knit element 131 may be formed from a second type of yarn”), and wherein the first yarn (“Elastane and stretch polyester each provide substantial stretch and recovery, with stretch polyester also providing recyclability”) is more elastic than the second yarn (“Nylon is a durable and abrasion-resistant material with relatively high strength.”)).
Regarding claim 26, Huffa teaches, wherein the first partial area and the second partial area are arranged such that the first partial area is more stretchable than the second partial area when the shoe is worn (“Knit element 131 may incorporate various types of yarn that impart different properties to separate areas of upper 120. That is, one area of knit element 131 may be formed from a first type of yarn that imparts a first set of properties, and another area of knit element 131 may be formed from a second type of yarn that imparts a second set of properties. In this configuration, properties may vary throughout upper 120 by selecting specific yarns for different areas of knit element 131. The properties that a particular type of yarn will impart to an area of knit element 131 partially depend upon the materials that form the various filaments and fibers within the yarn. Cotton, for example, provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recovery, with stretch polyester also providing recyclability. Rayon provides high luster and moisture absorption. Wool also provides high moisture absorption, in addition to insulating properties and biodegradability. Nylon is a durable and abrasion-resistant material with relatively high strength. Polyester is a hydrophobic material that also provides relatively high durability. In addition to materials, other aspects of the yarns selected for knit element 131 may affect the properties of upper 120.”, [0044], therefore, wherein the first partial area (“one area of knit element” of “Elastane and stretch polyester”) and the second partial area “(another area of knit element” of “Nylon”) are arranged such that the first partial area is more stretchable than the second partial area when the shoe is worn, in as much as applicant has claimed).
Regarding claim 27, Huffa teaches, wherein the one-piece knitwear is a weft-knitted fabric, wherein the one-piece knitwear further comprises filler yarns extending between adjacent wales of the weft-knitted fabric (“In weft knitting, which is more common, the courses and wales are perpendicular to each other and may be formed from a single yarn or many yarns. In warp, knitting, however, the wales and courses run roughly parallel and one yarn is required for every wale. “, [0002], “The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132. Knit element 131 is formed from at least one yarn that is manipulated (e.g., with a knitting machine) to form a plurality of intermeshed loops that define a variety of courses and wales. That is, knit element 131 has the structure of a knit textile. Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D.”, [0039], therefore, wherein the one-piece knitwear further comprises 132 extending between adjacent wales of the weft- knitted fabric).
Regarding claim 28, the combined references teach, wherein the filler yarns are held by transverse threads of the weft- knitted fabric (wherein 132 are held by transverse threads of the weft- knitted fabric, [0037] and [0039]).
Regarding claim 29, Huffa teaches, an upper for a shoe comprising: (a) at least one first partial area and at least one second partial area that are manufactured as one-piece knitwear; (b) wherein the at least one first partial area comprises a first yarn and the at least one second partial area comprises a second yarn; (c) wherein the first yarn is more elastic than the second yarn (“An article of footwear 100 is depicted in FIGS. 1-4C as including a sole structure 110 and an upper 120.”, [0031], “Knitted component 130 is formed of unitary knit construction. As utilized herein, a knitted component (e.g., knitted component 130) is defined as being formed of "unitary knit construction" when formed as a one-piece element through a knitting process”, [0036], “upper 120 is formed from a knitted component 130, which extends through each of regions 101-103, along both lateral side 104 and medial side 105, over forefoot region 101, and around heel region 103. In addition, knitted component 130 forms portions of both an exterior surface and an opposite interior surface of upper 120. As such, knitted component 130 defines at least a portion of the void within upper 120”, [0035], “The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132.”, [0037], “Knitted component 130 is formed of unitary knit construction. As utilized herein, a knitted component (e.g., knitted component 130) is defined as being formed of "unitary knit construction" when formed as a one-piece element through a knitting process”, [0036], “Knit element 131 may incorporate various types of yarn that impart different properties to separate areas of upper 120. That is, one area of knit element 131 may be formed from a first type of yarn that imparts a first set of properties, and another area of knit element 131 may be formed from a second type of yarn that imparts a second set of properties. In this configuration, properties may vary throughout upper 120 by selecting specific yarns for different areas of knit element 131. The properties that a particular type of yarn will impart to an area of knit element 131 partially depend upon the materials that form the various filaments and fibers within the yarn. Cotton, for example, provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recovery, with stretch polyester also providing recyclability. Rayon provides high luster and moisture absorption. Wool also provides high moisture absorption, in addition to insulating properties and biodegradability. Nylon is a durable and abrasion-resistant material with relatively high strength. Polyester is a hydrophobic material that also provides relatively high durability.”, [0044], therefore, 120 for 100 comprising: (a) at least one first partial area (“one area of knit element”) and at least one second partial area (“another area of knit element”) that are manufactured as 130; (b) wherein the at least one first partial area (“one area of knit element”) comprises a first yarn (“formed from a first type of yarn that imparts a first set of properties”) and the at least one second partial area (“another area of knit element”) comprises a second yarn (“formed from a second type of yarn that imparts a second set of properties”); (c) wherein the first yarn (“formed from a first type of yarn” of “Elastane and stretch polyester) is more elastic than the second yarn (“formed from a second type of yarn” of “Nylon”)); (d) wherein the one-piece knitwear of at least one of the first partial area and the second partial area is a multi-layer construction defining at least one void comprising a pocket or a tunnel between layers of the multi-layer construction (“The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132. Knit element 131 is formed from at least one yarn that is manipulated (e.g., with a knitting machine) to form a plurality of intermeshed loops that define a variety of courses and wales. That is, knit element 131 has the structure of a knit textile. Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D. When knitted component 130 is incorporated into footwear 100, therefore, inlaid strand 132 is located between the exterior surface and the interior surface of upper 120.”, [0039], therefore, (d) wherein 130 of at least one of the first partial area (“one area of knit element”) and the second partial area (“another area of knit element”) is a multi-layer construction defining at least one void comprising a pocket or a tunnel between layers of the multi-layer construction, figures 1-6 and 7A-7D); and (e) a non-stretchable yarn comprising a length and arranged in the pocket or the tunnel, the non-stretchable yarn limiting the stretching of the one-piece knitwear to the length of the non-stretchable yarn; wherein the one-piece knitwear is stretchable along a longitudinal direction of the courses of the one-piece knitwear, and wherein the non- stretchable yarn is arranged to limit the stretching of the one-piece knitwear along the longitudinal direction (“Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “In comparison with knit element 131, inlaid strand 132 may exhibit greater stretch-resistance. That is, inlaid strand 132 may stretch less than knit element 131. Given that numerous sections of inlaid strand 132 extend from the throat area of upper 120 to the lower area of upper 120, inlaid strand 132 imparts stretch-resistance to the portion of upper 120 between the throat area and the lower area.”, [0043], “the materials forming inlaid strand 132 may include any of the materials for the yarn within knit element 131, such as cotton, elastane, polyester, rayon, wool, and nylon. As noted above, inlaid strand 132 may exhibit greater stretch-resistance than knit element 131.”, [0045], therefore, 132 comprising a length and arranged in the pocket or the tunnel, 132 limiting the stretching of 130 to the length of the non-stretchable yarn wherein 130 of the area is stretchable along a longitudinal direction of the courses of 130, and wherein 132 is arranged to limit the stretching of 130 along the longitudinal direction, figures 1-6 and 7A-7D).
Regarding claim 33, Huffa teaches, wherein the one-piece knitwear is a weft-knitted fabric, wherein the one-piece knitwear further comprises filler yarns extending between adjacent wales of the weft-knitted fabric (“In weft knitting, which is more common, the courses and wales are perpendicular to each other and may be formed from a single yarn or many yarns. In warp, knitting, however, the wales and courses run roughly parallel and one yarn is required for every wale. “, [0002], “The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132. Knit element 131 is formed from at least one yarn that is manipulated (e.g., with a knitting machine) to form a plurality of intermeshed loops that define a variety of courses and wales. That is, knit element 131 has the structure of a knit textile. Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D.”, [0039], therefore, wherein the one-piece knitwear further comprises 132 extending between adjacent wales of the weft- knitted fabric).
Regarding claim 34, Huffa teaches, wherein the filler yarns are held by transverse threads of the weft- knitted fabric (wherein 132 are held by transverse threads of the weft- knitted fabric, [0037] and [0039]).
Regarding claim 35, Huffa teaches, An upper for a shoe comprising: (a) at least one first partial area and at least one second partial area that are manufactured as one-piece knitwear; (b) wherein the at least one first partial area comprises a first yarn and the at least one second partial area comprises a second yarn; (c) wherein the first yarn is more elastic than the second yarn (“An article of footwear 100 is depicted in FIGS. 1-4C as including a sole structure 110 and an upper 120.”, [0031], “Knitted component 130 is formed of unitary knit construction. As utilized herein, a knitted component (e.g., knitted component 130) is defined as being formed of "unitary knit construction" when formed as a one-piece element through a knitting process”, [0036], “upper 120 is formed from a knitted component 130, which extends through each of regions 101-103, along both lateral side 104 and medial side 105, over forefoot region 101, and around heel region 103. In addition, knitted component 130 forms portions of both an exterior surface and an opposite interior surface of upper 120. As such, knitted component 130 defines at least a portion of the void within upper 120”, [0035], “The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132.”, [0037], “Knitted component 130 is formed of unitary knit construction. As utilized herein, a knitted component (e.g., knitted component 130) is defined as being formed of "unitary knit construction" when formed as a one-piece element through a knitting process”, [0036], “Knit element 131 may incorporate various types of yarn that impart different properties to separate areas of upper 120. That is, one area of knit element 131 may be formed from a first type of yarn that imparts a first set of properties, and another area of knit element 131 may be formed from a second type of yarn that imparts a second set of properties. In this configuration, properties may vary throughout upper 120 by selecting specific yarns for different areas of knit element 131. The properties that a particular type of yarn will impart to an area of knit element 131 partially depend upon the materials that form the various filaments and fibers within the yarn. Cotton, for example, provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recovery, with stretch polyester also providing recyclability. Rayon provides high luster and moisture absorption. Wool also provides high moisture absorption, in addition to insulating properties and biodegradability. Nylon is a durable and abrasion-resistant material with relatively high strength. Polyester is a hydrophobic material that also provides relatively high durability.”, [0044], therefore, 120 for 100 comprising: (a) at least one first partial area (“one area of knit element”) and at least one second partial area (“another area of knit element”) that are manufactured as 130, figures 1-6); (b) wherein at least one first partial area (“one area of knit element”) comprises a first yarn (“formed from a first type of yarn that imparts a first set of properties”) and the at least one second partial area (“another area of knit element”) comprises a second yarn (“formed from a second type of yarn that imparts a second set of properties”); (c) wherein the first yarn (“formed from a first type of yarn” of “Elastane and stretch polyester) is more elastic than the second yarn (“formed from a second type of yarn” of “Nylon”)); (d) wherein at least one of the first partial area and the second partial area is a multi-layer construction defining at least one void comprising a pocket or a tunnel between layers of the multi-layer construction (“The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132. Knit element 131 is formed from at least one yarn that is manipulated (e.g., with a knitting machine) to form a plurality of intermeshed loops that define a variety of courses and wales. That is, knit element 131 has the structure of a knit textile. Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D. When knitted component 130 is incorporated into footwear 100, therefore, inlaid strand 132 is located between the exterior surface and the interior surface of upper 120.”, [0039], therefore, (d) wherein at least one of the first partial area (“one area of knit element”) and the second partial area (“another area of knit element”) is a multi-layer construction defining at least one void comprising a pocket or a tunnel between layers of the multi-layer construction, figures 1-6 and 7A-7D); and (e) a non-stretchable yarn comprising a length and arranged in the pocket or the tunnel, the non-stretchable yarn limiting the stretching of at least one of the first partial area and the second patrial area to the length of the non-stretchable yarn; wherein at least one of the first partial area and the second partial area is stretchable alone a longitudinal direction of the courses of the one-piece knitwear of the area, and wherein the non-stretchable yarn is arranged to limit the stretching of at least one of the first partial area and the second partial area along the longitudinal direction (“Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “Knitted component 130 is formed of unitary knit construction. As utilized herein, a knitted component (e.g., knitted component 130) is defined as being formed of "unitary knit construction" when formed as a one-piece element through a knitting process”, [0036], “Knit element 131 may incorporate various types of yarn that impart different properties to separate areas of upper 120. That is, one area of knit element 131 may be formed from a first type of yarn that imparts a first set of properties, and another area of knit element 131 may be formed from a second type of yarn that imparts a second set of properties. In this configuration, properties may vary throughout upper 120 by selecting specific yarns for different areas of knit element 131. The properties that a particular type of yarn will impart to an area of knit element 131 partially depend upon the materials that form the various filaments and fibers within the yarn. Cotton, for example, provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recovery, with stretch polyester also providing recyclability. Rayon provides high luster and moisture absorption. Wool also provides high moisture absorption, in addition to insulating properties and biodegradability. Nylon is a durable and abrasion-resistant material with relatively high strength. Polyester is a hydrophobic material that also provides relatively high durability.”, [0044], “In comparison with knit element 131, inlaid strand 132 may exhibit greater stretch-resistance. That is, inlaid strand 132 may stretch less than knit element 131. Given that numerous sections of inlaid strand 132 extend from the throat area of upper 120 to the lower area of upper 120, inlaid strand 132 imparts stretch-resistance to the portion of upper 120 between the throat area and the lower area.”, [0043], “the materials forming inlaid strand 132 may include any of the materials for the yarn within knit element 131, such as cotton, elastane, polyester, rayon, wool, and nylon. As noted above, inlaid strand 132 may exhibit greater stretch-resistance than knit element 131.”, [0045], therefore, (e) 132 comprising a length and arranged in the pocket or the tunnel, 132 limiting the stretching of at least one of the first partial area (“one area of knit element”) and the second patrial area (“another area of knit element”) to the length of 132; wherein at least one of the first partial area (“one area of knit element”) and the second patrial area (“another area of knit element”) is stretchable alone a longitudinal direction of the courses of 130, and wherein 132 is arranged to limit the stretching of at least one of the first partial area (“one area of knit element”) and the second patrial area (“another area of knit element”) along the longitudinal direction, figures 1-6 and 7A-7D).
Regarding claim 37, Huffa teaches, wherein the first partial area and the second partial area are arranged such that the first partial area is more stretchable than the second partial area when the shoe is worn (“Knit element 131 may incorporate various types of yarn that impart different properties to separate areas of upper 120. That is, one area of knit element 131 may be formed from a first type of yarn that imparts a first set of properties, and another area of knit element 131 may be formed from a second type of yarn that imparts a second set of properties. In this configuration, properties may vary throughout upper 120 by selecting specific yarns for different areas of knit element 131. The properties that a particular type of yarn will impart to an area of knit element 131 partially depend upon the materials that form the various filaments and fibers within the yarn. Cotton, for example, provides a soft hand, natural aesthetics, and biodegradability. Elastane and stretch polyester each provide substantial stretch and recovery, with stretch polyester also providing recyclability. Rayon provides high luster and moisture absorption. Wool also provides high moisture absorption, in addition to insulating properties and biodegradability. Nylon is a durable and abrasion-resistant material with relatively high strength. Polyester is a hydrophobic material that also provides relatively high durability. In addition to materials, other aspects of the yarns selected for knit element 131 may affect the properties of upper 120.”, [0044], therefore, wherein the first partial area (“one area of knit element” of “Elastane and stretch polyester”) and the second partial area “(another area of knit element” of “Nylon”) are arranged such that the first partial area is more stretchable than the second partial area when the shoe is worn, in as much as applicant has claimed).
Regarding claim 38, Huffa teaches, wherein the non-stretchable yarn is made from nylon (“the materials forming inlaid strand 132 may include any of the materials for the yarn within knit element 131, such as…nylon.”, [0045], therefore, wherein 132 is made from nylon).
Regarding claim 39, Huffa teaches, wherein the one-piece knitwear is a weft-knitted fabric, wherein the one-piece knitwear further comprises filler yarns extending between adjacent wales of the weft-knitted fabric (“In weft knitting, which is more common, the courses and wales are perpendicular to each other and may be formed from a single yarn or many yarns. In warp, knitting, however, the wales and courses run roughly parallel and one yarn is required for every wale. “, [0002], “The primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132. Knit element 131 is formed from at least one yarn that is manipulated (e.g., with a knitting machine) to form a plurality of intermeshed loops that define a variety of courses and wales. That is, knit element 131 has the structure of a knit textile. Inlaid strand 132 extends through knit element 131 and passes between the various loops within knit element 131. Although inlaid strand 132 generally extends along courses within knit element 131, inlaid strand 132 may also extend along wales within knit element 131. Advantages of inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance) and operates in connection with lace 122 to enhance the fit of footwear 100.”, [0037], “Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D.”, [0039], therefore, wherein the one-piece knitwear further comprises 132 extending between adjacent wales of the weft- knitted fabric).
Regarding claim 40, the combined references teach, wherein the filler yarns are held by transverse threads of the weft- knitted fabric (wherein 132 are held by transverse threads of the weft- knitted fabric, [0037] and [0039]).
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.
Claims 41-46 are rejected under 35 U.S.C. 103 as being unpatentable over Huffa et al. (2012/0234051)[Huffa] in view of Dua (2010/0154256).
Regarding claim 41, Huffa teaches, wherein the pocket or tunnel (“Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D. When knitted component 130 is incorporated into footwear 100, therefore, inlaid strand 132 is located between the exterior surface and the interior surface of upper 120.”, [0039], therefore, 132 is inlaid within a pocket or tunnel, figures 7A-7D).
While Huffa discloses padded areas of the knitted component 130, see [0054], “In contrast with the conventional articles of footwear, portions of knitted component 130 formed of unitary knit construction with a remainder of knitted component 130 may form the padded area adjacent to ankle opening 121. In further configurations of footwear 100, similar padded areas may be located in other areas of knitted component 130. For example, similar padded areas may be located as an area corresponding with joints between the metatarsals and proximal phalanges to impart padding to the joints.”, Huffa fails to teach, wherein the pocket or tunnel further comprises a cushioning material.
Dua teaches, wherein the pocket or tunnel further comprises a cushioning material (“An intermediate or central layer of the upper may be formed from a lightweight polymer foam material that provides cushioning and enhances comfort”, [0003], “As a further matter, some configurations of upper 30 may include a polymer foam material that is placed between the layers of knitted material following the manufacture of knitted component 40.”, [0047], therefore, wherein the pocket or tunnel further comprises a cushioning material).
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 pocket or tunnel of Huffa as comprising a cushioning material as taught by Dua in order to provide within the pocket or tunnel “cushioning”, [0003] which “enhance[s] comfort”, [0003] for the user.
Regarding claim 42, the combined references teach, wherein the cushioning material comprises a foam material, eTPU (expanded thermoplastic urethane), ePP (expanded polypropylene), expanded EVA (ethylene vinyl acetate), particle foam, an air or gel cushion, or combinations thereof (Dua, “An intermediate or central layer of the upper may be formed from a lightweight polymer foam material that provides cushioning and enhances comfort”, [0003], “As a further matter, some configurations of upper 30 may include a polymer foam material that is placed between the layers of knitted material following the manufacture of knitted component 40.”, [0047], therefore, wherein the cushioning material as taught by Dua comprises a foam material).
Regarding claim 43, Huffa teaches, wherein the pocket or tunnel (“Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D. When knitted component 130 is incorporated into footwear 100, therefore, inlaid strand 132 is located between the exterior surface and the interior surface of upper 120.”, [0039], therefore, 132 is inlaid within a pocket or tunnel, figures 7A-7D).
While Huffa discloses padded areas of the knitted component 130, see [0054], “In contrast with the conventional articles of footwear, portions of knitted component 130 formed of unitary knit construction with a remainder of knitted component 130 may form the padded area adjacent to ankle opening 121. In further configurations of footwear 100, similar padded areas may be located in other areas of knitted component 130. For example, similar padded areas may be located as an area corresponding with joints between the metatarsals and proximal phalanges to impart padding to the joints.”, Huffa fails to teach, wherein the pocket or tunnel further comprises a cushioning material.
Dua teaches, wherein the pocket or tunnel further comprises a cushioning material (“An intermediate or central layer of the upper may be formed from a lightweight polymer foam material that provides cushioning and enhances comfort”, [0003], “As a further matter, some configurations of upper 30 may include a polymer foam material that is placed between the layers of knitted material following the manufacture of knitted component 40.”, [0047], therefore, wherein the pocket or tunnel further comprises a cushioning material).
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 pocket or tunnel of Huffa as comprising a cushioning material as taught by Dua in order to provide within the pocket or tunnel “cushioning”, [0003] which “enhance[s] comfort”, [0003] for the user.
Regarding claim 44, the combined references teach, wherein the cushioning material comprises a foam material, eTPU (expanded thermoplastic urethane), ePP (expanded polypropylene), expanded EVA (ethylene vinyl acetate), particle foam, an air or gel cushion, or combinations thereof (Dua, “An intermediate or central layer of the upper may be formed from a lightweight polymer foam material that provides cushioning and enhances comfort”, [0003], “As a further matter, some configurations of upper 30 may include a polymer foam material that is placed between the layers of knitted material following the manufacture of knitted component 40.”, [0047], therefore, wherein the cushioning material as taught by Dua comprises a foam material).
Regarding claim 43, Huffa teaches, wherein the pocket or tunnel (“Inlaid strand 132, as noted above, extends through knit element 131 and passes between the various loops within knit element 131. More particularly, inlaid strand 132 is located within the knit structure of knit element 131, which may have the configuration of a single textile layer in the area of inlaid strand 132, and between surfaces 136 and 137, as depicted in FIGS. 7A-7D. When knitted component 130 is incorporated into footwear 100, therefore, inlaid strand 132 is located between the exterior surface and the interior surface of upper 120.”, [0039], therefore, 132 is inlaid within a pocket or tunnel, figures 7A-7D).
While Huffa discloses padded areas of the knitted component 130, see [0054], “In contrast with the conventional articles of footwear, portions of knitted component 130 formed of unitary knit construction with a remainder of knitted component 130 may form the padded area adjacent to ankle opening 121. In further configurations of footwear 100, similar padded areas may be located in other areas of knitted component 130. For example, similar padded areas may be located as an area corresponding with joints between the metatarsals and proximal phalanges to impart padding to the joints.”, Huffa fails to teach, wherein the pocket or tunnel further comprises a cushioning material.
Dua teaches, wherein the pocket or tunnel further comprises a cushioning material (“An intermediate or central layer of the upper may be formed from a lightweight polymer foam material that provides cushioning and enhances comfort”, [0003], “As a further matter, some configurations of upper 30 may include a polymer foam material that is placed between the layers of knitted material following the manufacture of knitted component 40.”, [0047], therefore, wherein the pocket or tunnel further comprises a cushioning material).
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 pocket or tunnel of Huffa as comprising a cushioning material as taught by Dua in order to provide within the pocket or tunnel “cushioning”, [0003] which “enhance[s] comfort”, [0003] for the user.
Regarding claim 46, the combined references teach, wherein the cushioning material comprises a foam material, eTPU (expanded thermoplastic urethane), ePP (expanded polypropylene), expanded EVA (ethylene vinyl acetate), particle foam, an air or gel cushion, or combinations thereof (Dua, “An intermediate or central layer of the upper may be formed from a lightweight polymer foam material that provides cushioning and enhances comfort”, [0003], “As a further matter, some configurations of upper 30 may include a polymer foam material that is placed between the layers of knitted material following the manufacture of knitted component 40.”, [0047], therefore, wherein the cushioning material as taught by Dua comprises a foam material).
Response to Arguments
Applicant’s arguments, filed July, 6, 2026, with respect to the rejection(s) of claim(s) 29 under 35 U.S.C 102(a)(1) and claims 21, 24-26, 35 and 37-38 under 35 U.S.C 103 have been considered but are moot because the argument do not apply to the current grounds of rejection. In view of Applicant’s amendment, new prior art has been applied. Applicant’s arguments appear to be drawn only to the newly amended limitations, which have been considered but are moot in view of the new ground(s) of rejection, see Office Action above.
Applicant fails to form a specific argument against the applicability of the Huffa reference in the extant prior art rejection. The Huffa reference is relied on in the instant prior art rejection.
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.
/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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