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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/12/2026 has been entered.
Response to Amendment
Applicant’s amendment of 08/12/2026 is acknowledged.
Claims 1-5, 7, 10-15, 17-18, 20-21, 23-25, and 27-30 are presented.
The present Office action treats claims 1-5, 7, 10-15, 17-18, 20-21, 23-25, and 27-30 on the merits.
The present Office action is a non-final rejection.
Response to Arguments
Applicant’s REMARKS of 08/12/2026 are fully considered.
Regarding Objections: Applicant’s arguments directed to claims 21 and 24 are fully considered and are persuasive. Specifically: upon review of the amendment of 08/12/2026 and Applicant’s remarks of 08/12/2026, and upon further review of the disclosure as filed: the objections to claims 21 and 24 applied in the previous Office action are overcome. Applicant’s arguments directed to claim 6 are fully considered but are moot because claim 6 is canceled in the reply. It is noted the amendment has necessitated one or more new claim objection(s); see objection(s) below.
Regarding Rejections based on 35 U.S.C. § 112: Applicant’s arguments directed to claims 7 and 10 are fully considered and are persuasive. Specifically: upon review of the amendment of 08/12/2026 and Applicant’s remarks of 08/12/2026, and upon further review of the disclosure as filed: the 35 USC 112 rejections of claims 7 and 10 as applied in the previous Office action are overcome. Applicant’s arguments directed to claims 6, 8, and 9 are fully considered but are moot because claims 6, 8, and 9 are canceled in the reply. It is noted the amendment has necessitated new 35 USC 112 rejections; see rejections below.
Regarding Rejections based on 35 U.S.C. § 103: Applicant’s arguments directed to claim 1 and claims dependent thereon have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments directed to claim 15 and claims dependent thereon have been fully considered but they are not persuasive.
Applicant argues:
Regarding independent claim 15, as amended, claim 15 recites, in part, "...an upper comprising a bonding skirt that overlaps with the sole structure, that extends to a terminal edge of the upper wrapping underneath a footbed...wherein the hotmelt adhesive terminates at the terminal edge of the upper; and wherein the sole structure is substantially free of the second thermoplastic composition." Support for this amendment can be found at least in [0059]-[0060], [0062] of the published application.
The Office relies on Moretti for a hotmelt adhesive and Auyang for a strobel arrangement. However, neither reference, alone or in combination, teaches or suggests the amended limitation that the hotmelt adhesive terminates at the terminal edge of the upper. Moretti discloses a sealing film 21 as a thermoplastic hotmelt adhesive film that extends over a sealing region, and it is used to provide waterproof sealing between footwear components. See, e.g. [0124]-[0133] and FIGS. However, Moretti does not disclose removal of excess adhesive beyond a terminal edge or a configuration in which the adhesive terminates at the terminal edge of the upper. Rather, the sealing film 21 extends beyond the edge region corresponding to the lower edge 16a in order to create an enlarged sealing area. In fact, Moretti expressly teaches extending the sealing area beyond the perimeter of the functional element and onto the lower edge of the upper. Auyang fails to cure this deficiency, as Auyang primarily teaches securing a strobel to an upper through stitching along the peripheral flange of the strobel and does not describe a hotmelt adhesive positioned between a strobel and a bonding skirt, a terminal edge sealing arrangement, removal of excess adhesive beyond a terminal edge or an adhesive that terminates at the terminal edge of the upper.
Baghdadi describes foam components for articles of footwear and athletic equipment. Luedecke describes articles of footwear including an upper, and a sole structure including a midsole structure and an outsole structure. Watanabe describes sport shoes in which the shoe sole is bonded to an insert layer during the formation of the shoe sole by injection- molding. Meschter describes a method for utilizing a laser to etch a stratified material. Ortley describes an article of footwear including a sole having a ground engaging surface. Martuch describes a wading shoe made from nonwetting, nonwater-retaining material. However, none of the cited references can cure the deficiencies from...Moretti, and Auyang as presented above.
Examiner’s reply:
This argument is fully considered but is not persuasive. Applicant’s arguments are drawn to newly amended subject matter, which has necessitated a new interpretation of the prior art and is presented in the rejections below. It is noted that Applicant’s specific argument that “Moretti discloses a sealing film 21 as a thermoplastic hotmelt adhesive film that extends over a sealing region...However, Moretti does not disclose removal of excess adhesive beyond a terminal edge or a configuration in which the adhesive terminates at the terminal edge of the upper. Rather, the sealing film 21 extends beyond the edge region corresponding to the lower edge 16a in order to create an enlarged sealing area” is fully considered but is not persuasive insofar as Moretti meets the limitation “adhesive terminates at the terminal edge of the upper”, as set forth hereinbelow. It is noted the term “at” means “a. In or near the area occupied by; in or near the location of...b. In or near the position of” (at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved September 11 2026 from https://www.thefreedictionary.com/at), and the adhesive terminates near the area occupied by the terminal edge of the upper and near the position of the terminal edge of the upper.
Applicant’s arguments directed to claim 21 and claims dependent thereon have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. It is noted that Applicant’s arguments are drawn to Farr ‘5210 and Farr ‘3220 (see p. 14-15 of the reply of 08/12/2026). However, these references were not relied upon in rejecting claim 21 in the Office action of 05/12/2026. Applicant’s claim amendment recites newly amended subject matter, which has necessitated a new interpretation of the prior art and is presented in the rejections below.
Claim Objections
Claim 21 and 27 are objected to because of the following informalities:
Claim 21 line 10: “to the sole” should be --to the sole structure--
Claim 27 line 2: “a first thermoplastic composition” should be --the first thermoplastic composition--
Appropriate correction is required.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2-5 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 2 recites “wherein the first thermoplastic composition comprises a polyolefin resin composition”. However, claim 1, which claim 2 depends upon, recites “a first thermoplastic composition comprising a first thermoplastic polyolefin composition” such that claim 2 fails to further limit the subject matter of claim 1.
Claims 3-5 are rejected if only because they depend from a rejected claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 112(b)
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.
Claims 3-5, 7, 14, 21, 23-25, and 27-30 are 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 3 recites “less than 5% of the polyolefin resin composition”. However, it is not clear whether “the polyolefin resin composition” is in reference to: the “first thermoplastic polyolefin resin composition” introduced in claim 1 lines 2-3; the “second thermoplastic polyolefin resin composition” introduced in claim 1 lines 8-9; and/or a separate polyolefin resin composition. For the purpose of applying art, the limitation is treated as if it is in reference to the “first thermoplastic polyolefin resin composition” introduced in claim 1 lines 2-3.
Claims 4-5 are rejected if only because they depend from a rejected claim.
Claim 7 recites “wherein the transition zone comprises a second portion of the outermost surface of the footwear article”. However, claim 1, on which claim 7 depends recites the transition zone comprising, recites “a second portion of the outermost surface of the footwear article” such that it is not clear whether and how “a second portion of the outermost surface of the footwear article” limits the second portion of the outermost surface of the footwear article introduced in claim 1. In addition, claim 1 recites the transition zone comprising, as a “first portion of an outermost surface of the upper, the second thermoplastic polyolefin resin composition” such that it is not clear whether and how the “second portion” of claim 7 relates to the “first portion of an outermost surface of the upper” of claim 1. For the purpose of applying art, claim 7 limitations are met if the first portion of an outermost surface of the upper of claim 1 is a portion of the outermost surface of the footwear article.
Claim 21 lines 3-4 introduces “a coating layer”, and claim 21 line 7 introduces “a coating layer” such that it is not clear whether the subsequent recitation “the coating layer” is in referent to one or both of the coating layer of lines 3-4 and/or the coating layer of line 7. For the purpose of applying art, the phrase “the first zone comprising a coating layer” in line 7 is interpreted as if it reads --the first zone comprising the coating layer--
Claims 23-25 and 27-30 are indefinite if only because they depend from an indefinite claim.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5 and 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 5 recites “wherein the first portion of the outermost surface comprises a polyurethane ink”. However, it is the transition zone that is “comprising, as a first portion of an outermost surface of the upper, the second thermoplastic polyolefin resin”. And as disclosed in the disclosure as filed, polyurethane ink is a feature of the second zone (see para 42 and original claim 5), not the transition zone.
Claim 14 recites “wherein the first portion of the outermost surface comprises a surface texture that, as compared to the second portion of the outermost surface, comprises larger relief depth”. However, it is the transition zone that is “comprising, as a first portion of an outermost surface of the upper, the second thermoplastic polyolefin resin”. And as disclosed in the disclosure as filed, the feature of a zone having a larger relief depth than another zone is not a feature relative to a transition zone; see original claim 14.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 7, and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Iuchi, US 2019/0289963, newly cited] in view of [Dua, US 2013/0255103, cited by Applicant on the IDS of 06/04/2025] and [Redl, US 2014/0215850, newly cited].
Regarding claim 1:
Iuchi discloses (Figs. 1-6):
A footwear article S comprising:
a sole structure 4 comprising a first thermoplastic composition (“thermoplastic...ethylene-vinyl acetate copolymer (EVA)”; para 46) comprising a first thermoplastic polyolefin resin composition (“thermoplastic...ethylene-vinyl acetate copolymer (EVA)”; para 46; it is noted the present disclosure states that an exemplary polyolefin is polyethylene (para 141) and that “A polyethylene can...be a polyethylene copolymer derived from monomers of monolefins and diolefins copolymerized with a vinyl, acrylic acid, methacrylic acid, ethyl acrylate, vinyl alcohol, and/or vinyl acetate”; para 142 as filed);
an upper 1 comprising a composite material 21, 22 (i.e. the combined 21 and 22) comprising a textile layer 21 and a coating layer 22 disposed on (para 55; Figs. 5-6) an outer-facing surface of the textile layer (para 55; Figs. 5-6), wherein the upper comprises a first zone (see annotated Fig. 5 – a below) that overlaps with the sole structure, a second zone (see annotated Fig. 5 – a below) that does not overlap with the sole structure, and a transition zone (see annotated Fig. 5 – a below) positioned between a biteline (see annotated Fig. 5 – a below) and the second zone;
the first zone comprising the coating layer (as in annotated Fig. 5 – a below), wherein the coating layer comprises a second thermoplastic polyolefin resin composition (“thermoplastic elastomer comprised of a composition containing a 4-methyl-1-pentene α-olefin copolymer”; para 58) and comprises an outer-facing surface of the upper (as in annotated Fig. 5 – a below), wherein the first zone is connected directly (as in annotated Fig. 5 – a below) to the sole structure;
the transition zone being continuous with the first zone (as in annotated Fig. 5 – a below) and comprising, as a first portion (as in annotated Fig. 5 – a below) of an outermost surface of the upper, the second thermoplastic polyolefin resin composition (as evidenced by coating layer 22 being provided on the outermost surface of the upper in the first zone as in annotated Fig. 5 – a below);
the second zone comprising a second portion (as in annotated Fig. 5 – a below) of the outermost surface of the footwear article; and
the second portion of the outermost surface comprising a surface chemical composition (i.e. that of 13, which is “made of...artificial leather”; para 49) that is different from the first thermoplastic polyolefin resin composition and from the second thermoplastic polyolefin resin composition.
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Iuchi does not expressly disclose and wherein the first zone is thermally bonded directly to the sole structure.
In further view of Iuchi: as stated above, the first zone is connected directly (as in annotated Fig. 5 – a presented above) to the sole structure. Iuchi is silent as to whether such connection is a thermal bond or not.
Nevertheless, Dua teaches “An advantage of forming various elements of footwear 800 from thermoplastic polymer materials is that a thermal bond may be utilized to join upper 820 to sole structure 810...In addition to reducing the environmental effects of utilizing adhesives, the recyclability of footwear...may be enhanced” (para 170).
It 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 to have modified the footwear article of Iuchi such that its first zone is thermally bonded directly to the sole structure in order to adjoin the upper and the sole structure so as to obviate the need for adhesive in so adjoining and/or to enhance recyclability of the footwear, as suggested by Dua (para 170).
Iuchi does not expressly disclose the second portion of the outermost surface comprising a surface chemical composition (i.e. that of 13, which is “made of...artificial leather”; para 49) that is different from the first thermoplastic polyolefin resin composition and from the second thermoplastic polyolefin resin composition.
In further view of Iuchi: Iuchi describes the composition of 13 as “made of...artificial leather” (para 49) and is silent as to its specific material of construction. Nevertheless, a person of ordinary skill would recognize that the artificial leather could be provided as having the exact same surface chemical composition as that of the coating layer; the exact same surface chemical composition as that of the sole structure; or a surface chemical composition that is different from that of the coating layer and that of the sole structure. A person having ordinary skill in the art would expect the part 13 to continue to function as an “eyelet trimming part 13” if its surface chemical composition were different from the ethylene-vinyl acetate copolymer of the sole structure and if it were different from the 4-methyl-1-pentene α-olefin copolymer of the coating layer.
Redl teaches an artificial leather appropriate for “artificial leather as upper materials for footwear” (Abstract) comprising a surface chemical composition that is different from that of a polyolefin surface chemical: “top coat...polyurethane layer” (Abstract); “polyurethane-based top coats, such as solventborne polyurethane coats or waterborne polyurethane dispersion coats, preferably waterborne polyurethane dispersion coats. Suitable coats may be based on a linear MDI-polyether-based polyurethane and be in a state of solution in DMF for example”; para 17.
Redl further teaches the artificial leather is “obtainable in an environmentally friendly manner and which has very good mechanical properties, such as flexing endurance properties, while ensuring very good adherence” (para 6); “the artificial leather of the present invention is particularly useful for applications making high demands on the mechanical properties of the artificial leather, for example the use as upper material for footwear” (para 112).
It 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 to have modified the modified Iuchi such that its second portion of the outermost surface comprising a surface chemical composition (i.e. that of 13, which is “made of...artificial leather”; para 49) is polyurethane and therefore different from the first thermoplastic polyolefin resin composition and from the second thermoplastic polyolefin resin composition in order to permit manufacture in an environmentally friendly manner; to provide good mechanical properties; to provide flexing endurance; and/or to promote good adherence, as suggested by Redl (para 112).
Regarding claim 2:
Iuchi in view of Dua and Redl teach The footwear article of claim 1, as set forth above.
Iuchi further discloses wherein the first thermoplastic composition comprises a polyolefin resin composition (“thermoplastic...ethylene-vinyl acetate copolymer (EVA)”; para 46).
Regarding claim 3:
Iuchi in view of Dua and Redl teach The footwear article of claim 2, as set forth above.
The modified Iuchi further meets the limitation wherein the surface chemical composition (i.e. that which comprises polyurethane; see above treatment of claim 1) comprises less than 5% of the polyolefin resin composition (the first thermoplastic polyolefin resin composition is EVA, and the surface chemical composition is polyurethane; accordingly, the surface chemical composition comprises less than 5% of the polyolefin resin composition).
Regarding claim 4:
Iuchi in view of Dua and Redl teach The footwear article of claim 3, as set forth above.
The modified Iuchi further meets the limitation wherein the surface chemical composition comprises a polyurethane composition (see above treatment of claim 1).
Regarding claim 7:
Iuchi in view of Dua and Redl teach The footwear article of claim 1, as set forth above.
Iuchi further discloses wherein the transition zone comprises a second portion of the outermost surface of the footwear article (the first portion of an outermost surface of the upper of claim 1 (see above treatment of claim 1) is a portion of the outermost surface of the footwear article (as in annotated Fig. 5 – a presented in above treatment of claim 1; it is noted claim 7 is indefinite and is interpreted in accordance with the manner described in above 35 USC 112(b) rejections.)
Regarding claim 10:
Iuchi in view of Dua and Redl teach The footwear article of claim 1, as set forth above.
Iuchi further discloses wherein the transition zone comprises a width extending from the biteline to the second zone (as in annotated Fig. 5 – a presented in above treatment of claim 1), wherein the width is in a range of about 3 mm to about 7 mm.
(The width is about 7 mm; it is noted the term “about” means “near; close to”; about. (n.d.) Random House Kernerman Webster’s College Dictionary. (2010). Retrieved September 10 2026 from https://www.thefreedictionary.com/about).
Regarding claim 11:
Iuchi in view of Dua and Redl teach The footwear article of claim 10, as set forth above.
Iuchi further discloses wherein the width comprises a first width at a first position around a periphery of the footwear article, wherein the transition zone comprises a second width extending from the biteline to the second zone and at a second position around the periphery of the footwear article, and wherein the second width is different from the first width (as evidenced in Figs. 1-3 wherein it is noted the distance between biteline and element 13 is different at different positions around the periphery).
Regarding claim 12:
Iuchi in view of Dua and Redl teach The footwear article of claim 11, as set forth above.
Iuchi further discloses wherein the first position is in a forefoot region of the footwear article and the second position is in a midfoot region of the footwear article (as evidenced in Figs. 1-3 wherein a first position in a forefoot region defines a first width between biteline and element 13; a second position in a midfoot region defines a second width between biteline and element 13).
Regarding claim 13:
Iuchi in view of Dua and Redl teach The footwear article of claim 12, as set forth above.
Iuchi further discloses wherein the first width is smaller than the second width (as evidenced in Figs. 1-3 wherein a first position in a forefoot region defines a first width between biteline and element 13; a second position in a midfoot region defines a second width between biteline and element 13; the first width being smaller than the second width).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Iuchi, US 2019/0289963], [Dua, US 2013/0255103], and [Redl, US 2014/0215850] as applied to claim 4 above, and in further view of [Brandt, US 2022/0134703, previously cited].
Regarding claim 5:
Iuchi in view of Dua and Redl teach The footwear article of claim 4, as set forth above.
Iuchi does not expressly disclose wherein the first portion of the outermost surface comprises a polyurethane ink.
However, Brandt teaches a footwear upper wherein a surface chemical composition comprises a polyurethane composition and wherein a portion of an outermost surface comprises a polyurethane ink: “Articles of apparel...include...articles of footwear such as uppers for shoes, and the like” (para 45) wherein a portion of an outermost surface comprises a polyurethane ink: ““printing technique”...refers to...applying a colored substance to a substrate (e.g., an interior layer...and includes any printing process, technique, or method known by those skilled in the art. Generally, the colored substance may be a colorant, a sublimation dye, or both, and the colorant and the sublimation dye may be configured to have a color...printing techniques contemplated herein include direct printing techniques in which one or more colorants are transferred to a substrate...“colorant”...refers to any ink, pigment, dye, or other substance that colors something and may include a wide range of inks...the colorant may include commercially available inks that are known by those having ordinary skill in the art or proprietary inks to be used with digital printing techniques. Such inks may be water-based or oil-based and may include, but are not limited to...polyurethane ink” (para 59) further wherein “color properties may impart a desirable aesthetic to an apparel item” (para 36).
It 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 to have modified the modified Iuchi such that the first portion of the outermost surface comprises a polyurethane ink in order to provide a desirable aesthetic to the upper in the transition zone on the surface thereof via the color of the polyurethane ink, as suggested by Brandt (para 36).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Iuchi, US 2019/0289963], [Dua, US 2013/0255103], and [Redl, US 2014/0215850] as applied claim 7 above, and further in view of [Follet, US 2017/0071291, previously cited].
Regarding claim 14:
Iuchi in view of Dua and Redl teach The footwear article of claim 4, as set forth above.
Iuchi does not expressly disclose wherein the first portion of the outermost surface comprises a surface texture that, as compared to the second portion of the outermost surface, comprises larger relief depth.
Follet teaches an article of footwear (Abstract, title) wherein plural zones of an upper are provided with a surface texture (para 220; Fig. 32). Follet further teaches relief depth of a surface texture varies such that “recess structures 152 that are more centrally located within textured area 151 can be the deepest, and the recess structures 152 can be gradually shallower the closer those recess structures 152 are to the smooth area 140. Accordingly, as shown in FIG. 5, the first recess structure 168 can have the greatest depth 178 relative to the second and third recess structures 170, 172. The second recess structure 170 can have a slightly smaller depth 190, and the third recess structure 172 can have the shallowest depth 192” (para 93; Fig. 3). Follet further teaches “textured area 150 can deform and flatten out when textured area 150 impacts a ball or other object. Then, textured area 150 can resiliently recover back to the more textured state. Accordingly, this resilient deformation can dampen and dissipate the impact energy...textured area 150 can provide padding and/or cushioning” (para 73).
It 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 to have modified the modified Iuchi such that the first portion of the outermost surface is comprises a surface texture in order to permit impact dissipation and/or to afford padding and/or cushioning in the transition zone, as suggested by Follet (para 73).
It 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 to have modified the modified Iuchi such that the surface texture, as compared to the second portion of the outermost surface, comprises larger relief depth, in order to yield the predictable result of an article of footwear that is configured permit impact dissipation and/or to afford padding and/or cushioning in the transition zone to a greater degree than in the second zone.
Claim(s) 15 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Moretti, US 2012/0151806, previously cited] in view of [Baghdadi, US 2019/0276626, previously cited] and [Auyang, US 2019/0365040, previously cited].
Regarding claim 15:
Moretti discloses (Fig. 8):
A footwear article (“shoe”; para 65; no specific numeral therefor; elements thereof identified hereinbelow) comprising:
a sole structure 12;
an upper 16 comprising a bonding skirt 16a that overlaps with the sole structure (Fig. 8), that extends to a terminal edge of the upper (see annotated Fig. 8 – a below) wrapping underneath a footbed (see annotated Fig. 8 – a below);
the bonding skirt comprising an inner-facing surface (see annotated Fig. 8 – a below) that faces towards a foot-receiving cavity A of the footwear article; and
a strobel 14 bonded (para 183; Fig. 8), via a hotmelt (para 183; paras 185-187) adhesive 21, to the inner-facing surface (as in annotated Fig. 8 – a below);
wherein the hotmelt adhesive comprises a second thermoplastic composition (“thermoplastic hot-melt adhesive made for example of polyurethane, polyester, polyamide or polyolefins”; para 127), wherein the hotmelt adhesive terminates at the terminal edge of the upper (as in annotated Fig. 8 – a below; it is noted the term “at” means “a. In or near the area occupied by; in or near the location of...b. In or near the position of” (at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved September 11 2026 from https://www.thefreedictionary.com/at), and the adhesive terminates near the area occupied by the terminal edge of the upper and near the position of the terminal edge of the upper) wherein the sole structure is substantially free of the second thermoplastic composition (the second thermoplastic composition is of the hotmelt adhesive, which is separate from the sole structure; accordingly, the sole structure is substantially free of the second thermoplastic composition in that the sole structure and hotmelt adhesive are separate elements and each is substantially free of the other).
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Moretti does not expressly disclose the sole structure comprising a first thermoplastic composition.
However, Baghdadi teaches a sole structure (“athletic footwear midsole[]” and/or “athletic footwear []outsole[]) comprising a first thermoplastic composition (“thermoplastic...is particu[l]arly suitable for athletic equipment and apparel, particularly footwear (e.g., athletic footwear midsoles/outsoles)”; para 14. Baghdadi further teaches the thermoplastic composition “exhibits a...balance of properties such as high energy return, high split tear, low density, and low compression set” (para 14) and “demonstrate improved physical properties including one or more of an enhanced energy return, and enhanced split tear, a decreased density, or a combination thereof” (para 27).
It 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 to have modified the footwear article of Moretti such that its sole structure is comprising a first thermoplastic composition in order to afford one or more of: improved energy return, improved split tear, low density, and low compression set, as taught by Baghdadi (paras 14, 27).
In adopting the modification above, the limitation “second thermoplastic composition, which is different from the first thermoplastic composition” would be met insofar as the first thermoplastic composition is of the sole structure; sole structure and hotmelt adhesive are discrete components such that the thermoplastic composition of the adhesive is different from the thermoplastic composition of the sole structure.
Moretti does not expressly disclose an upper comprising a bonding skirt that overlaps with the sole structure and that is thermally bonded to the sole structure.
In further view of Moretti: in Moretti, the bonding skirt overlaps with the sole structure in such a way that the bonding skirt and sole structure are contacting each other (see annotated Fig. 8 – a above). Moretti is silent as to any thermal bond between bonding skirt and sole structure.
However, Auyang teaches a sole structure that is thermally bonded to a strobel and an upper (para 92) “to secure the” sole structure “83 to the upper 14” (para 92).
It 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 to have modified the modified Moretti such that its upper comprising a bonding skirt that overlaps with the sole structure and that is thermally bonded to the sole structure in order to secure the sole structure to the upper, as taught by Auyang (para 92).
Regarding claim 17:
Moretti in view of Baghdadi and Auyang teach The footwear article of claim 15, as set forth above.
As applied to claim 15, the modified Moretti does not meet the limitation wherein the first thermoplastic composition comprises a polyolefin resin composition.
However and in further view of Baghdadi:
Baghdadi teaches the thermoplastic composition of a sole structure comprises a polyolefin resin composition (“terpolymers of ethylene, acrylic acid, and methyl acrylate or butyl acrylate”; para 89; it is noted the present disclosure states that “ethylene/alkyl acrylate copolymers” and “ethylene/acrylic acid copolymers” are “Exemplary polyolefin copolymers” (see para [0148] as filed).
It 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 to have modified the modified Moretti such that its first thermoplastic composition comprises a polyolefin resin composition in order to yield the one or more of: improved energy return, improved split tear, low density, and low compression set; one of ordinary skill would have been confronted with a decision as to which specific thermoplastic composition to adopt, and one of ordinary skill would have recognized that the polyolefin resin composition taught by Baghdadi would be an acceptable material for the first thermoplastic composition based on the teachings of Baghdadi.
Regarding claim 18:
Moretti in view of Baghdadi and Auyang teach The footwear article of claim 17, as set forth above.
Moretti further discloses wherein the second thermoplastic composition comprises a thermoplastic polyurethane composition (“thermoplastic hot-melt adhesive made...of polyurethane”; para 127).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Moretti, US 2012/0151806], [Baghdadi, US 2019/0276626], and [Auyang, US 2019/0365040] as applied to claim 15 above, and further in view of [Luedecke, US 2016/0353836, previously cited] and [Watanabe, US 4,335,528, previously cited].
Regarding claim 20:
Moretti in view of Baghdadi and Auyang teach The footwear article of claim 15, as set forth above.
Moretti does not expressly disclose wherein the inner-facing surface comprises a first nonwoven textile comprising first fibers and the strobel comprises a second nonwoven textile comprising second fibers, and wherein portions of the hotmelt adhesive at least partially encapsulates the first fibers and the second fibers.
Luedecke teaches an upper comprises a first nonwoven textile comprising first fibers (“upper 105 can be formed of any one or more materials suitable for its described purpose, including...nonwoven textiles, knit textiles, leather, synthetic leather, rubber, etc.). The specific materials utilized are generally selected to impart wear-resistance, flexibility, air-permeability, moisture control and/or comfort to the user wearing the shoe 100”; para 33) and a strobel comprises a second nonwoven textile comprising second fibers (“strobel member 140 can be constructed of any suitable material...that is configured to effectively secure the upper 105 to the sole structure 110. In example embodiments, the strobel member can be constructed of any one or more materials similar to those utilized to construct the upper 105, including...nonwoven textiles...strobel member 140 can be constructed of the same or different textile material(s) as the upper 105”; para 62).
It 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 to have modified the modified Moretti such that its inner-facing surface comprises a first nonwoven textile comprising first fibers and the strobel comprises a second nonwoven textile comprising second fibers in order to impart wear-resistance, flexibility, air-permeability, moisture control and/or comfort to the shoe, as suggested by Luedecke (paras 33 and 62).
and/or
It 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 to have modified the modified Moretti such that its inner-facing surface comprises a first nonwoven textile comprising first fibers and the strobel comprises a second nonwoven textile comprising second fibers in order to yield the predictable result of a footwear article whose upper and strobel whose materials of construction are appropriate for surrounding a foot of a wearer; one of ordinary skill would have been confronted with a decision as to which material(s) to have selected for the purpose of providing the upper and strobel and would have recognized that providing said upper and strobel such that the inner-facing surface comprises a first nonwoven textile comprising first fibers and the strobel comprises a second nonwoven textile comprising second fibers would be acceptable materials for surrounding a foot of a wearer based on the teachings of Luedecke.
Regarding portions of the hotmelt adhesive at least partially encapsulates the first fibers and the second fibers:
Watanabe teaches portions of a hotmelt adhesive at least partially encapsulate fibers: “When the film 5 of hot-melt adhesive is interposed between the plastic sole 3 and the insert material 2 according to this embodiment of the present invention, the hot-melt adhesive penetrates into the interstices between the fibers of the...insert because of the heat and pressure applied during the injection molding step, and an effect of increasing the bonding strength can be attained”; col. 3 lines 53-60.
It 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 to have modified the modified Moretti such that portions of the hotmelt adhesive at least partially encapsulates the first fibers and the second fibers in order to increase the bonding strength between the hotmelt adhesive and the first fibers and in order to increase the bonding strength between the hotmelt adhesive and the second fibers, as suggested by Watanabe (col. 3 lines 53-60).
Claim(s) 21, 23-25, 27-28, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Meschter, US 2004/0261295, previously cited] in view of [Yoshida, US 2019/0090582, newly cited], [Fujii, US 4,434,205, newly cited], and [Auyang, US 2019/0365040, previously cited].
Regarding claim 21:
Meschter discloses (Figs. 1-7):
A footwear article 10 comprising:
a sole structure 21 comprising a first polyolefin resin composition (“polymer foam,... ethylvinylacetate... foam”; para 21; it is noted the present disclosure states that an exemplary polyolefin is polyethylene (para 141) and that “A polyethylene can...be a polyethylene copolymer derived from monomers of monolefins and diolefins copolymerized with a vinyl, acrylic acid, methacrylic acid, ethyl acrylate, vinyl alcohol, and/or vinyl acetate”; para 142 as filed);
an upper 40 comprising a composite material comprising a textile (para 50) layer 42 and a coating layer 41 disposed on an outer-facing surface of the textile layer (as in annotated Fig. 2 – a below), wherein the upper comprises a first zone (see annotated Fig. 2 – a below) that overlaps with the sole structure (as in annotated Fig. 2 – a below), a second zone (see annotated Fig. 2 – a below) that does not overlap with the sole structure (as in annotated Fig. 2 – a below), and a transition zone (see annotated Fig. 2 – a below) between the first zone and the second zone;
the first zone comprising a coating layer 41, wherein the coating layer comprises a synthetic leather material (para 50) and comprises an outer-facing surface of the upper (as in annotated Fig. 2 – a below) and comprises an outer-facing surface of the upper (as in annotated Fig. 2 – a below);
the transition zone being continuous with the first zone (wherein it is noted that each of 41, 42, 43 extend continuously from first zone to transition zone such that transition zone is continuous with first zone) and comprising, as a first portion of an outermost surface of the upper, the synthetic leather material (of 41 and as in annotated Fig. 2 – a below);
wherein the transition zone comprises a first surface texture that comprises a first relief depth (the depth of 44d; refer to annotated Fig. 2 – a below showing 44d and transition zone); and
the second zone comprising a second portion of the outermost surface of the footwear article (as in annotated Fig. 2 – a below), wherein the second zone comprises a second surface texture that comprises a second relief depth (the depth of 44c; refer to annotated Fig. 2 – a below showing 44c and second zone);
wherein the transition zone comprises one or more widths (see annotated Fig. 2 – b below) extending from a biteline (see annotated Fig. 2 – b below) to the second zone.
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Meschter does not expressly disclose the first polyolefin resin composition is a first thermoplastic polyolefin resin composition.
As stated above, the first polyolefin resin composition is “polymer foam,... ethylvinylacetate... foam”; para 21”. And Meschter is silent as to whether said polyolefin is thermoplastic polyolefin.
However, Yoshida teaches “Non-limiting suitable examples of the material for the midsole 3 include thermoplastic synthetic resins such as ethylene-vinyl acetate copolymer (EVA) and foams of the thermoplastic synthetic resins” (para 68).
It 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 to have modified the footwear article of Meschter such that its first polyolefin resin composition is a first thermoplastic polyolefin resin composition in order to render it suitable for use as a midsole, as suggested by Yoshida (para 68) and/or to yield the predictable result of a sole structure that is capable, via the thermoplastic property thereof, of fluid flow upon heating of the sole structure for the purpose of recycling the sole structure after the footwear article is discarded.
Meschter does not expressly disclose the coating layer comprises a second thermoplastic polyolefin resin composition and comprises an outer-facing surface of the upper.
Meschter does not expressly disclose the transition zone being continuous with the first zone and comprising, as a first portion of an outermost surface of the upper, the second thermoplastic polyolefin resin composition
Rather, as stated above, the coating layer 41 comprises a synthetic leather material (para 50), and Meschter is silent as to the specific chemical composition thereof.
Fujii teaches a synthetic leather material (title, abstract) appropriate for “shoes” (col. 1 line 28) comprising a polyolefin resin composition (“of a thermoplastic resin. Examples of the thermoplastic resin which can be used include polyolefins”; col. 3 lines 35-37).
Fujii further teaches the synthetic leather material “provides an artificial leather which...is as soft, flexible, thin and strong as natural leathers, and which has a suede-like or grained surface suited for making clothes, shoes” (col. 1 lines 22-28).
It 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 to have modified the modified Meschter such that its coating layer 41 comprises a second thermoplastic polyolefin resin composition in order to render the coating layer soft, flexible, thin, and/or strong, as taught by Fujii (col. 1 lines 22-28) and/or to provide the coating layer with a grained surface suitable for footwear, as also taught by Fujii (col. 1 lines 22-28).
In adopting the modification, the limitations “the coating layer comprises a second thermoplastic polyolefin resin composition and comprises an outer-facing surface of the upper” and “the transition zone being continuous with the first zone and comprising, as a first portion of an outermost surface of the upper, the second thermoplastic polyolefin resin composition” would be met insofar as coating layer 41 would comprise the second thermoplastic polyolefin resin composition.
Meschter does not expressly disclose wherein the one or more widths comprise a first width at a first position around a periphery of the footwear article and a second width, and wherein a second width is different from the first width and wherein the first width is smaller than the second width.
However and in further view of Meschter:
Meschter further teaches that a region of the upper that displays the red color of third layer 43 spans along a side of the upper in such a way that one or more widths of said region of the upper that displays the red color of third layer 43 comprises a first width (see annotated Fig. 1 – c below) from the biteline at a first position around a periphery of the footwear article and a second width (see annotated Fig. 1 – c below) from the biteline at a second position around the periphery of the footwear article, and wherein the second width is different from the first width (as in annotated Fig. 1 – c below) further wherein the region of the upper that displays the red color of third layer 43 spans along a side of the upper in such a way that a first width from the biteline is smaller than a second width from the biteline (see annotated Fig. 1 – c below).
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It 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 to have modified the modified Meschter such a first width at a first position around a periphery of the footwear article and a second width at a second position around the periphery of the footwear article, and wherein the second width is different from the first width and wherein the first width is smaller than the second width in order to yield the predictable result of exposing a yellow color at the first position and the location of the second width at different widths away from the biteline wherein the first width is smaller than the second width in order to yield a footwear article whose aesthetic presentation of yellow at those respective locations and widths which is desirable to at least some user(s) and/or observer(s) of the article of footwear.
Meschter Figs. 1-7 does not expressly disclose wherein the transition zone comprises a first surface texture that comprises a first relief depth; and the second zone comprising a second portion of the outermost surface of the footwear article, wherein the second zone comprises a second surface texture that comprises a second relief depth, which is larger than the first relief depth.
Rather, in Meschter Figs. 1-7, the second relief depth (of 44c; see annotated Fig. 2 – a presented above) is smaller than the first relief depth (of 44d; see annotated Fig. 2 – a presented above).
However and in further view of Meschter:
The first relief depth is correspondent to an “incision[]...44 c hav[ing] a depth that extends through first layer 41, thereby exposing the yellow color of second layer 42”; and the second relief depth is correspondent to another “incision[] 44 d...hav[ing] a depth that extends through first layer 41 and second layer 42, thereby exposing the red color of third layer 43” (para 26).
Meschter further teaches “various incisions are formed in stratified material 40 to expose underlying layers of stratified material 40. By exposing the underlying layers, the properties of stratified material 40, and thereby the properties of upper 30, may be selectively modified. Accordingly, the incisions formed in stratified material 40 are utilized to selectively vary the properties of stratified material 40 in specific portions of upper 30. Potential properties of stratified material 40 that may be varied...include color...for example” (para 23). Meschter further teaches the “incisions” are “to affect physical or aesthetic properties of the stratified material” (para 2). And Meschter further teaches “The present invention is disclosed above and in the accompanying drawings with reference to a variety of embodiments. The purpose served by the disclosure, however, is to provide an example of the various features and concepts related to the invention, not to limit the scope of the invention. One skilled in the relevant art will recognize that numerous variations and modifications may be made to the embodiments described above” (para 59).
It 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 to have modified the modified Meschter such that its second relief depth is larger than the first relief depth in order to yield the predictable result of exposing a red color at the location of the first relief depth and a yellow color at the location of the second relief depth in order to yield a footwear article whose aesthetic presentation of red and yellow at those respective locations which is desirable to at least some user(s) and/or observer(s) of the article of footwear.
Meschter does not expressly disclose the first zone is thermally bonded directly to the sole.
In further view of Meschter: in Meschter, the first zone overlaps with the sole structure in such a way that the first zone and sole structure are contacting each other (see annotated Fig. 2 – a above). Meschter is silent as to any thermal bond between first zone and sole structure.
However, Auyang teaches a sole structure that is thermally bonded to an upper (para 92) “to secure the” sole structure “83 to the upper 14” (para 92).
It 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 to have modified the modified Meschter such that its first zone is thermally directly bonded to the sole structure in order to secure the sole structure to the upper, as taught by Auyang (para 92).
Regarding claim 23:
Meschter in view of Yoshida, Fujii, and Auyang teaches The footwear article of claim 21, as set forth above.
Meschter does not expressly disclose wherein the one or more widths are in a range of about 3 mm to about 7 mm.
While not expressly to scale, Meschter Fig. 2 appears to show the width as exceeding 7 mm (see annotated Fig. 2 – b presented in above addressing of claim 22).
However, and in further view of Meschter:
Meschter Figs. 1 and 3 teaches that an incision 44g can be provided closer to the biteline than the incision 44d of Fig. 2.
Moreover, Meschter further teaches “various incisions are formed in stratified material 40 to expose underlying layers of stratified material 40. By exposing the underlying layers, the properties of stratified material 40, and thereby the properties of upper 30, may be selectively modified. Accordingly, the incisions formed in stratified material 40 are utilized to selectively vary the properties of stratified material 40 in specific portions of upper 30. Potential properties of stratified material 40 that may be varied...include color...for example” (para 23). Meschter further teaches the “incisions” are “to affect physical or aesthetic properties of the stratified material” (para 2). And Meschter further teaches “The present invention is disclosed above and in the accompanying drawings with reference to a variety of embodiments. The purpose served by the disclosure, however, is to provide an example of the various features and concepts related to the invention, not to limit the scope of the invention. One skilled in the relevant art will recognize that numerous variations and modifications may be made to the embodiments described above” (para 59).
It 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 to have modified the modified Meschter such that its one or more widths are in a range of about 3 mm to about 7 mm in order to yield the predictable result of exposing the yellow color at a location that is in the range of about 3 mm to about 7 mm of the biteline to yield a footwear article whose aesthetic presentation of yellow at that location which is desirable to at least some user(s) and/or observer(s) of the article of footwear.
Regarding claim 24:
Meschter in view of Yoshida, Fujii, and Auyang teach The footwear article of claim 21, as set forth above.
The modified Meschter further meets the limitation wherein the one or more widths comprise the first width at the first position around the periphery of the footwear article and the second width at a second position around the periphery of the footwear article (see above treatment of claim 21 where the limitation is addressed).
Regarding claim 25:
Meschter in view of Yoshida, Fujii, and Auyang teach The footwear article of claim 24, as set forth above.
Meschter does not expressly disclose wherein the first position is in a forefoot region of the footwear article and the second position is in a midfoot region of the footwear article.
However and in further view of Meschter:
Meschter Figs. 1-7 teaches a region of the upper that displays the yellow color of second layer 42 spans along a side of the upper in such a way that a first position (see annotated Fig. 1 – d below) is in a forefoot region of the footwear article and a second position (see annotated Fig. 1 – d below) is in a midfoot region of the footwear article.
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It 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 to have modified the modified Meschter such that the first position is in a forefoot region of the footwear article and the second position is in a midfoot region of the footwear article in order to yield the predictable result of exposing a yellow color at the first position and second position at different widths away from the biteline and spanning the forefoot and midfoot regions thereof in order to yield a footwear article whose aesthetic presentation of yellow at those respective locations and widths which is desirable to at least some user(s) and/or observer(s) of the article of footwear.
Regarding claim 27:
Meschter in view of Yoshida, Fujii, and Auyang teach The footwear article of claim 21, as set forth above.
The modified Meschter further meets the limitation wherein the sole structure comprises a first thermoplastic composition (see above treatment of claim 1), and wherein, in the second zone, the second portion of the outermost surface comprises a surface chemical composition (i.e. of element 41) that is different from the first thermoplastic composition (due to its being a component of element 41, which is discrete from the sole structure such that compositions of each are different from each other).
Regarding claim 28:
Meschter in view of Yoshida, Fujii, and Auyang teach The footwear article of claim 27, as set forth above.
The modified Meschter further meets the limitation wherein the first thermoplastic composition comprises a polyolefin resin composition (see above treatment of claim 1).
Regarding claim 30:
Meschter in view of Yoshida, Fujii, and Auyang teach The footwear article of claim 27, as set forth above.
The modified Meschter further meets the limitation wherein the first portion of the outermost surface comprises the surface chemical composition that comprises a polyolefin resin composition (second portion and first portion both comprise element 41 as the outermost surface of the upper; refer to annotated Fig. 2 – a presented in above treatment of claim 21 wherein it is noted the second zone comprises the second portion and the transition zone comprises as a first portion as explained in above addressing of claim 21; accordingly, both second portion and first portion comprise the surface chemical composition that comprises a polyolefin resin composition).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Meschter, US 2004/0261295], [Yoshida, US 2019/0090582], [Fujii, US 4,434,205], and [Auyang, US 2019/0365040] as applied to claim 28 above and further in view of [Ortley, US 2009/0119948 previously cited].
Regarding claim 29:
Meschter in view of Yoshida, Fujii, and Auyang teach The footwear article of claim 28, as set forth above.
Meschter does not expressly disclose wherein the surface chemical composition comprises a polyurethane composition.
However, Ortley teaches a footwear upper wherein a surface chemical composition comprises a polyurethane composition: “Outer layer 222 is formed of a synthetic hydrophobic material or a liquid impermeable material, such as thermoplastic polyurethane”; para 51.
It 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 to have modified the modified Meschter such that the surface chemical composition comprises a polyurethane composition in order to protect the footwear upper from permeation of water and/or other liquid, as suggested by Ortley (para 51).
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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