DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06-04-2026 and 07-20-2026 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 06-04-2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 8, 1014, 21-22, 24-25, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (JP 3,212,460) in view of Nishiwaki et al. (2015/0289589).
Regarding claim 1, Takahashi teaches a rapid-entry shoe (figs 1-5), comprising:
an upper (member 12) coupled to a sole portion (member 11) and defining a foot opening (18);
a stabilizer extending from the sole portion to at least a portion of a top collar of the upper and forming a heel cup comprising an elevated portion, a base portion, and a midportion between the elevated portion and the base portion (members 31-34), wherein:
a surface of the elevated portion extends between a medial side of the stabilizer and a lateral side of the stabilizer and has a rearward-extending portion (fig 4, para 0010);
a surface of the midportion extends between the medial side of the stabilizer and the lateral side of the stabilizer (fig 4, para 0015); and
a surface of the base portion has a third length extends between the medial side of the stabilizer and the lateral side of the stabilizer, at least the base portion of the stabilizer being resistant to downward collapse under a load of a foot when an individual is donning the rapid-entry shoe (fig 5, para 0073 to 0077); and
a sponge liner (member 25, para 0054) coupled to the stabilizer and having a forward and downward-facing concavity (fig 4).
Takahashi does not clearly teach the sponge liner is foam liner.
Nishiwaki teach a shoe liner make by foam material (para 0056).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the sponge liner of Takahashi by using foam liner of Nishiwaki because they both function equivalent as absorbing force.
Regarding claim 2, the modified shoe Takahashi-Nishiwaki discloses the upper further comprises an elastic element (Takahashi, members 13-14, para 0045).
Regarding claim 3, the modified shoe Takahashi-Nishiwaki discloses the elastic element extends to at least a portion of the top collar of the upper (Takahashi, fig 2).
Regarding claim 4, the modified shoe Takahashi-Nishiwaki discloses the elastic element is positioned forward relative to the stabilizer (Takahashi, fig 2).
Regarding claim 8, the modified shoe Takahashi-Nishiwaki discloses the elevated portion, the midportion, and the base portion form a curve (Takahashi, fig 4).
Regarding claim 10, Takahashi teaches a rapid-entry shoe (figs 1-5), comprising:
a sole portion (member 11);
an upper (member 12) coupled to the sole portion, the upper including a top collar that defines a foot opening (member 18); and
a stabilizer embedded within the upper and extending from the sole portion to at least a portion of the top collar of the upper, the stabilizer defining a continuous heel cup having an interior surface comprising an elevated portion, a base portion, and a midportion between the elevated portion and the base portion (members 31-34), wherein:
the interior surface of the elevated portion that extends between a medial side of the stabilizer and a lateral side of the stabilizer and includes a rearward-extending flare that acts as a shoehorn (fig 4);
the interior surface of the midportion that extends between the medial side of the stabilizer and the lateral side of the stabilizers (fig 4); and
at least the base portion is resistant to downward collapse under a load of a foot (para 0073 to 0077); and
a sponge liner coupled to the interior surface of the continuous heel cup, the foam liner having a forward and downward-facing concavity that assists in retention of a heel of the foot (fig 4, para 0054 and 0073 to 0077).
Takahashi does not clearly teach the sponge liner is foam liner.
Nishiwaki teach a shoe liner make by foam material (para 0056).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the sponge liner of Takahashi by using foam liner of Nishiwaki because they both function equivalent as absorbing force.
Regarding claim 11, the modified shoe Takahashi-Nishiwaki discloses at least a portion of the elevated portion of the continuous heel cup includes an interior surface that is angled upward relative to horizontal (Takahashi, fig 4).
Regarding claim 12, the modified shoe Takahashi-Nishiwaki discloses the stabilizer defines a front edge that extends from the sole portion in an arc (Takahashi, fig 4).
Regarding claim 13, the modified shoe Takahashi-Nishiwaki discloses the continuous heel cup defines a curve (Takahashi, fig 4).
Regarding claim 14, the modified shoe Takahashi-Nishiwaki discloses the base portion of the continuous heel cup defines a bottom portion of the curve (Takahashi, fig 4).
Regarding claim 21, Takahashi teaches a rapid-entry shoe (figs 1-5), comprising:
a continuous heel cup (member 17) comprising:
an elevated portion having a rearward-extending portion, a base portion; and a midportion between the elevated portion and the base portion, wherein the midportion and the base portion form a concave structure that receives a heel of a foot (fig 4); and
a sponge liner coupled to at least one of the elevated portion, the base portion, and the midportion and having a forward and downward-facing concavity (member 25, para 0054).
Takahashi does not clearly teach the sponge liner is foam liner.
Nishiwaki teach a shoe liner make by foam material (para 0056).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the sponge liner of Takahashi by using foam liner of Nishiwaki because they both function equivalent as absorbing force.
Regarding claim 22, the modified shoe Takahashi-Nishiwaki discloses the stabilizer is comprised of a rigid material (para 0061 to 0062).
Regarding claim 24, the modified shoe Takahashi-Nishiwaki discloses at least two or more of the elevated portion, the midportion, and the base portion define a curve (Takahashi, fig 4).
Regarding claim 25, the modified shoe Takahashi-Nishiwaki discloses the rearward-extending portion of the elevated portion is configured to act as a shoehorn (Takahashi, para 0003).
Regarding claim 28, the modified shoe Takahashi-Nishiwaki discloses a pivoting portion(Takahashi, member 18b).
Claim(s) 6, 23 and 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi (JP 3,212,460) and Nishiwaki (2015/0289589) as applied to claims 1, 10, and 21 above, and further in view of Beers (2018/0289109).
Regarding claims 6 and 23 and 29, the modified shoe Takahashi-Nishiwaki teaches all limitations except the continuous heel cup/stabilizer defines a void/window.
Beers teaches a continuous heel cup/stabilizer defines a window (fig 6, the gap between members 10 and 22).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the shoe of Takahashi by adding a void/window of Beer in order to make the shoe less weight.
Regarding claims 30-31, the modified shoe Takahashi-Nishiwaki-Beers discloses a deformable material provided within the window/void (para 0075).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732
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