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 .
Response to Amendment
Applicant’s amendment of 04/23/2026 is acknowledged.
Claims 1-20 are presented.
Claims 1, 9, and 15 are presented in independent form and are amended.
Dependent claims 5, 8, 14, and 16 are amended.
The present Office action treats claims 1-20 on the merits.
The present Office action is a final rejection.
Response to Arguments
Applicant’s REMARKS of 04/23/2026 (see p. 9-13 of the reply) are fully considered.
Regarding Rejections based on 35 U.S.C. § 102(a)(1) (p. 9-11): Applicant’s arguments 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.
Regarding Rejections based on 35 U.S.C. § 103 (p. 11-13): Applicant’s arguments 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.
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 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Halbower-Fenton, US 2021/0330032, previously cited, hereinafter “Halbower”] in view of [Poegl, US 2022/0074091, newly cited].
Regarding claim 1:
Halbower discloses (Figs. 1-8):
An article of footwear 100, comprising:
an upper 110, comprising:
a knit textile 110 (i.e. the “knit textile upper portion 110...a continuous textile”; para 66) forming at least part of a forefoot region, a midfoot region, a heel region, a lateral side, and a medial side of the upper (Figs. 1-8), the knit textile comprising an outer-facing surface 320 and an inner-facing surface 420;
a first area 210a of the knit textile comprising a first thickness measured between the outer-facing surface and the inner-facing surface (para 73), the first area extending through at least part of the forefoot region (see annotated Figs. 2-3 – a below), through at least part of a throat area located in the midfoot region (see annotated Figs. 2-3 – a below), and through at least part of the medial side (see annotated Figs. 2-3 – a below) and at least part of the lateral side (see annotated Figs. 2-3 – a below);
and a second area 210d of the knit textile having a second thickness measured between the outer-facing surface and the inner-facing surface (para 73), wherein the second thickness is less than the first thickness (210a...increased...thickness compared to...region[] 210[]d”; para 49), the second area 210d extending through at least part of the midfoot region (as in annotated Figs. 2-3 – a below) and through at least part of the heel region on the lateral side of the upper (as in annotated Figs. 2-3 – a below), and the second area extending adjacent to the first area in at least the midfoot region (as in annotated Figs. 2-3 – a below),
wherein the first area and the second area are integrally knit (knit textile 110 is a “continuous textile...formed as a single, unitary piece” providing “advantages...by removing seams” (para 40); “constructed by...knitting...the continuous textile is a knit textile” (para 42)) and extend continuously along the knit textile in at least the midfoot region (as in annotated Figs. 2-3 – a below).
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Halbower does not expressly disclose wherein the first area and the second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course.
Halbower teaches the “thickness...of a region of the” knit textile “110 may be determined by...a thickness of strands of yarn used in the region...Accordingly, a first region of the upper portion 110 having a first thickness may have...thicker yarn...compared to a second, less thick region” (para 74) such that Halbower at least teaches yarn property (i.e. thickness) manipulation to achieve relative thickness between regions.
Moreover, Halbower further teaches “The continuous textile may be formed of any suitable material or combination of materials. For example, a...knit textile may be formed using one or more types of yarn” (para 45) such that Halbower at least teaches providing plural types of yarn to construct the knit textile.
Poegl teaches an upper (“shoe upper”; Abstract) appropriate for an article of footwear (“parts of footwear...or an entire piece of footwear...manufactured on knitting machines”; para 2) wherein a first area (“first section”; para 97) and a second area (“second section”; para 97) are integrally knit (“connected by knit stitches”; para 97) so as to “form[]...different zones in the knit element” (para 97) wherein “intarsia knits are executed in certain areas for functional...reasons” (para 275) within a “seamless construction, such that no sewing allowances are needed “ (para 275). As embodied in Fig. 18A, a first area 181 and a second area 182 are integrally knit and extend continuously (Fig. 18A) along at least one common course of a knit textile (a course formed by knitting according the “diagram” provided in “The upper part of...the[] figure”; para 334), and wherein first yarns B, C are present in the first area (“yarns B, C...in...area 181”; para 335; Fig. 18A) and absent from the second area (“Yarns B, C are not used in neighboring area[] 182”; para 334; Fig. 18A) along the at least one common course (para 35; Fig. 18A).
Although Poegl does not state the common course is provided in a midfoot region, the common course is provided in a region of the knit upper that comprises both first area 181 and also second area 182 (Fig. 18A; para 335). And it is noted that in Halbower, the midfoot region is a region that comprises both the first area and also the second area of Halbower (see annotated Figs. 2-3 – a of Halbower presented above).
Poegl further teaches “Creating knit elements for uppers, complete uppers or paired uppers that include zones having yarns placed such that placement can be controlled down to a stitch increases functionality of the upper while potentially decreasing cost of the materials” (para 18).
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 article of Halbower such that its first area and its second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region and wherein first yarns are present in the first area and absent from the second area along the at least one common course in order to increase upper functionality and/or decrease material cost, as suggested by Poegl (para 18).
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 article of Halbower such that its first area and its second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course in order to yield the predictable result of an article comprising a footwear upper whose first and second areas afford the “varied” “properties and/or...characteristics” within each of the “different” areas 210a, 210d (para 49 of Halbower) via the properties and characteristics of the first yarns in the first area and the properties and characteristics of the other yarn(s) in the second area. One of ordinary skill would have been confronted with one or more decision(s) as to how to arrange the first and second areas and would have recognized that the arrangement wherein first area and second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course would be an arrangement that is expected to have a reasonable expectation of success at providing different areas with different functionalities based on the teachings of Poegl.
Regarding claim 4:
Halbower in view of Poegl teaches The article of footwear of claim 1, as set forth above.
Halbower further discloses wherein the knit textile further comprises a third area 210b extending through at least part of the midfoot region and through at least part of the heel region on the medial side of the upper (as in annotated Figs. 2-3 – a presented in above addressing of claim 1), the third area 210b extending adjacent to the first area 210a in at least the midfoot region (as in annotated Figs. 2-3 – a presented in above addressing of claim 1), wherein the knit textile has a third thickness (“thickness”; para 49) in the third area measured between the outer-facing surface and the inner-facing surface, wherein the third thickness is less than the first thickness (“region 210 a...have increased ...thickness compared to one or more of the other regions 210 b-d”; para 49).
Claim(s) 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Halbower-Fenton, US 2021/0330032, hereinafter “Halbower”] and [Poegl, US 2022/0074091] as applied to claim 1 above, and further in view of [Meir, US 2013/0239625, previously cited], [Durrell, US 2020/0022447, previously cited] and [Liu, US 2019/0203388, previously cited].
Regarding claim 2:
Halbower in view of Poegl teaches The article of footwear of claim 1, as set forth above.
Halbower does not expressly disclose wherein at least a portion of the first area has a double knit construction that comprises a high-tenacity yarn and a yarn comprising a thermoplastic elastomer.
In Halbower, the second thickness of the second area is less than the first thickness of the first area (see above treatment of claim 1).
Meir ‘625 teaches (Figs. 13-15) a knit upper (Abstract) wherein a knit textile 1412 comprises a second area 1412 having a second thickness wherein said second thickness is less than a first thickness of a first area 1410 (“first knit structure 1410...have a greater thickness than second knit structure 1412”; para 95; see also Figs. 14-15). In Meir, the “first knit structure 1410 may be a double-knit jersey structure and second knit structure 1412 may be a single-knit jersey structure” (para 95).
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 Halbower such that at least a portion of the first area has a double knit construction and at least a portion of the second area has a single knit construction in order to yield the predictable result of providing the relative thicknesses of the two areas—the double knit area having a greater thickness than the single knit area—as suggested by Meir (Figs. 13-15; para 95).
Regarding the limitation that comprises a high-tenacity yarn and a yarn comprising a thermoplastic elastomer:
Durrell teaches a knitted component (Abstract) appropriate for footwear (para 2) wherein an area comprises “a high-tenacity yarn” “to provide...strength” (para 26).
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 Halbower such that its portion of the first area has a double knit construction that comprises a high-tenacity yarn in order to provide strength to the portion of the first area, as suggested by Durrell (para 26).
Liu teaches a fabric appropriate for “footwear uppers” (Figs. 24-25; paras 58 and 63) comprising a knit fabric (para 12; para 28; para 34; Figs. 1B-1C) comprising a yarn comprising a thermoplastic elastomer (“yarn...comprising...thermoplastic elastomer”; para 55). Liu further teaches “thermoplastic elastomer...is known for...superior tensile strength and thermo-stability” (para 55).
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 Halbower such that its portion of the first area has a double knit construction that comprises a high-tenacity yarn and also a yarn comprising a thermoplastic elastomer in order to render the portion of the first area strong and/or thermostable, as suggested by Liu (para 55).
Regarding claim 8:
Halbower in view of Poegl, Meir, Durrell, and Liu teach The article of footwear of claim 2, as set forth above.
The modified Halbower as applied to claim 2 above does not meet the limitation wherein at least a portion of the thermoplastic yarn in the first area is melted after knitting.
However and in further view of Liu:
Liu teaches at least a portion of a thermoplastic yarn is melted (para 39) after knitting (“After the fabric including...layer[s] 110 and...120 are produced”; para 39.
Liu further teaches the thermoplastic yarn being melted permits formation of a “continuous film...covering the region of the first surface...originally covered by the first covering layer” so as to provide the article with “improved moisture resistance properties” (para 39).
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 Halbower such that at least a portion of the thermoplastic yarn in the first area is melted after knitting in order to permit the formation of a moisture-resistant film, as taught by Liu (para 39), to protect the article from moisture.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Halbower-Fenton, US 2021/0330032, hereinafter “Halbower”] and [Poegl, US 2022/0074091] as applied to claim 1 above, and further in view of [Meir, US 2013/0239625, previously cited], and [Durrell, US 2020/0022447, previously cited].
Regarding claim 3:
Halbower in view of Poegl teach The article of footwear of claim 1, as set forth above.
Halbower does not expressly disclose wherein at least a portion of the second area has a single knit construction comprising a high-tenacity yarn.
In Halbower, the second thickness of the second area is less than the first thickness of the first area (see above treatment of claim 1).
Meir teaches (Figs. 13-15) a knit upper (Abstract) wherein a knit textile 1412 comprises a second area 1412 having a second thickness wherein said second thickness is less than a first thickness of a first area 1410 (“first knit structure 1410...have a greater thickness than second knit structure 1412”; para 95; see also Figs. 14-15). In Meir ‘625, the “first knit structure 1410 may be a double-knit jersey structure and second knit structure 1412 may be a single-knit jersey structure” (para 95).
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 Halbower such that at least a portion of the first area has a double knit construction and at least a portion of the second area has a single knit construction in order to yield the predictable result of providing the relative thicknesses of the two areas—the double knit area having a greater thickness than the single knit area—as suggested by Meir (Figs. 13-15; para 95).
Regarding the limitation comprising a high-tenacity yarn:
Durrell teaches a knitted component (Abstract) appropriate for footwear (para 2) wherein an area comprises “a high-tenacity yarn” “to provide...strength” (para 26).
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 Halbower such that its portion of the second area has a single knit construction comprising a high-tenacity yarn in order to provide strength to the portion of the second area, as suggested by Durrell (para 26).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Halbower-Fenton, US 2021/0330032, hereinafter “Halbower”] and [Poegl, US 2022/0074091] as applied to claim 1 above, and further in view of [Zavala, US 2017/0258169, previously cited] and [Minami, US 2008/0127524, previously cited].
Regarding claim 7:
Halbower in view of Poegl teach The article of footwear of claim 1, as set forth above.
Halbower does not expressly disclose wherein the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction.
Zavala teaches providing an outer surface of a knit textile with aesthetic and functional characteristics including increased friction (emphasis provided by Examiner): “loops exposed on the outer surface of the knit element 240 (e.g., the loops formed on the front needle bed 562 of FIG. 5) may form a textured surface of the knit element 240 that produce a desirable visual effect on the outer surface of the upper 220. It is contemplated that these loops may be formed of multiple yarns with a variety of colors. Each color may be specifically located to thereby form an aesthetically pleasing pattern. Further, these loops exposed on the outer surface of the knit element 240 may provide the upper 220 with desirable functional characteristics (e.g., increased friction when gripping or contacting another object, such as a ball)”; para 58.
Thus Zavala at least teaches providing a knit textile outer surface with increased friction. However, Zavala is silent as to relative friction between two areas.
Minami teaches an upper 102 wherein said upper is provided with an increased coefficient of friction at portions thereof (i.e. provided with “gripping members” which are “made of a material with a higher coefficient of friction than upper 102”; para 54). Minami further teaches a “gripping region 576 may be disposed on side portion 582 of upper 502” (para 79) whereby “if a wearer wishes to curl the ball for a pass or a curved shot, the wearer may kick a ball with side portion 582 where...gripping region 576 is disposed” (para 81).
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 Halbower such that the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction in order to permit a wearer to kick a ball with a high-friction-side portion of the first area for the purpose of permitting a wearer to curl a ball for a pass and/or a curved shot, as taught by Minami (para 81).
Claim(s) 1, 4, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2014/0338226, newly cited; hereinafter referred to as Zavala ‘226], [Podhajny, US 2014/0068968, newly cited], and [Poegl, US 2022/0074091, newly cited].
Regarding claim 1:
Zavala ‘226 discloses (Figs. 1-8):
An article of footwear 100 (i.e. “article of footwear 100”; para 20), comprising:
an upper 120 (i.e. “upper 120”; para 20), comprising:
a knit textile 150 (i.e. “knitted component 150”; para 47) forming at least part of a forefoot region 101 (i.e. “forefoot region 101”; para 21), a midfoot region 102 (i.e. “midfoot region 102”; para 21), a heel region 103 (i.e. “heel region 103”; para 21), a lateral side 104 (i.e. “lateral side 104”; para 21), and a medial side 105 (i.e. “medial side 105”; para 21) of the upper, the knit textile comprising an outer-facing surface 119 (i.e. “exterior surface 119”; para 35) and an inner-facing surface 115 (i.e. “interior surface 115”; para 35);
a first area 216 (i.e. “second zone 216”; para 47) of the knit textile comprising a first thickness measured between the outer-facing surface and the inner-facing surface, the first area extending through at least part of the forefoot region (Fig. 3) through at least part of a throat area (where the lead line from 216 terminates in Fig. 6) located in the midfoot region (as in Fig. 6), and through at least part of the medial side and at least part of the lateral side (Figs. 1-3 wherein first area 216 is provided through both medial side and also lateral side in at least the forefoot region 101); and a second area 223 (i.e. “portion 223”; para 47) of the knit textile having a second thickness measured between the outer-facing surface and the inner-facing surface, the second area extending through at least part of the midfoot region and through at least part of the heel region on the lateral side of the upper (Figs. 1 and 3), and the second area extending adjacent to the first area in at least the midfoot region (Figs. 1, 3, and 6), wherein the first area and the second area are integrally knit (“150 is formed of unitary knit construction...knitted component having structures or elements that include one or more courses of yarn or other knit material that are joined such that the structures or elements include at least one course in common (i.e., sharing a common yarn) and/or include courses that are substantially continuous between each of the structures or elements” (paras 40-41) such that areas thereof are integrally knit) and extend continuously along at least one common course (“courses that are substantially continuous between each of the structures or elements”; para 41) of the knit textile in at least the midfoot region (Fig. 6 wherein it is noted “courses” are “added” from edge 209 “until...edge 208” is formed such that at least one common course is in at least the midfoot region between edges 209 and 208),
Zavala ‘226 does not expressly disclose wherein the second thickness is less than the first thickness.
First area 216 and second area 223 differ: “have one or more different physical properties”; second area 223 “can have a larger degree or a larger amount of stretch resistance than” the first area 216; second area 223 “can be stiffer than” the first area 216 (para 48) whereby the “varying stretch resistance of each zone...can be achieved in various ways...each zone...can have a different stitching pattern...each zone may include different types of yarns or strands”; first area 216 “can be formed using one or more elastic yarns, such as spandex...can have a mesh-type of appearance for increased breathability”; second area 223 “can include yarns made from thermoplastic polymeric material. These yarns can be less elastic than yarns included in” the first area 216 (para 56).
Thus Zavala ‘226 teaches first area 216 and second area 223 can have different stitching patterns and yarns.
Zavala ‘226 does not expressly state the different stitching patterns are different yarns result in different thicknesses between areas; however, the compositional and structural differences described in Zavala ‘226 at least suggest that thickness could differ among the various areas of Zavala ‘226 including between areas 216 and 223.
Podhajny teaches an article of footwear (“article of footwear”; Abstract) comprising an upper (“upper”) comprising a knit textile (“knitted component”; Abstract) “formed of unitary knit construction” (para 5) wherein a second thickness 499 of a second area 495 is less than a first thickness 498 of a first area 494: “portion 492 comprises a first knit portion 494 having a first thickness 498 and a second knit portion 495 having a second thickness 499. In some embodiments, first thickness 498 is substantially greater than second thickness 499” (para 169; Fig. 39).
Podhajny further teaches “portion 492 may comprise a substantially continuous knit portion. In such embodiments, differences in thickness between first knit portion 494 and second knit portion 495 may be achieved by varying the knit configuration....different yarns may be used to achieve differences in thickness” (para 169).
Podhajny further teaches “the increased thickness of first knit portion 494 may help increase cushioning and comfort” (para 168).
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 article of footwear of Zavala ‘226 such that the second thickness is less than the first thickness in order to increase cushioning and/or comfort in the first area, as suggested by Podhajny (para 168).
Zavala ‘226 does not expressly disclose and wherein first yarns are present in the first area and absent from the second area along the at least one common course.
Zavala ‘226 does teach “yarns of each zone...can be incorporated and controlled through known intarsia knitting processes” (para 56).
Poegl teaches an upper (“shoe upper”; Abstract) appropriate for an article of footwear (“parts of footwear...or an entire piece of footwear...manufactured on knitting machines”; para 2) wherein a first area (“first section”; para 97) and a second area (“second section”; para 97) are integrally knit (“connected by knit stitches”; para 97) so as to “form[]...different zones in the knit element” (para 97) wherein “intarsia knits are executed in certain areas for functional...reasons” (para 275) within a “seamless construction, such that no sewing allowances are needed “ (para 275). As embodied in Fig. 18A, a first area 181 and a second area 182 are integrally knit and extend continuously (Fig. 18A) along at least one common course of a knit textile (a course formed by knitting according the “diagram” provided in “The upper part of...the[] figure”; para 334), and wherein first yarns B, C are present in the first area (“yarns B, C...in...area 181”; para 335; Fig. 18A) and absent from the second area (“Yarns B, C are not used in neighboring area[] 182”; para 334; Fig. 18A) along the at least one common course (para 35; Fig. 18A).
Poegl further teaches “Creating knit elements for uppers, complete uppers or paired uppers that include zones having yarns placed such that placement can be controlled down to a stitch increases functionality of the upper while potentially decreasing cost of the materials” (para 18).
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 Zavala ‘226 such that first yarns are present in the first area and absent from the second area along the at least one common course in order to increase upper functionality and/or decrease material cost, as suggested by Poegl (para 18).
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 Zavala ‘226 such that first yarns are present in the first area and absent from the second area along the at least one common course in order to yield the predictable result of an article comprising a footwear upper whose first and second areas afford the “different characteristics” within each of the areas (para 36 of Zavala ‘226) via the properties and characteristics of the first yarns in the first area and the properties and characteristics of the other yarn(s) in the second area. One of ordinary skill would have been confronted with one or more decision(s) as to how to arrange the first and second areas and would have recognized that the arrangement wherein first yarns are present in the first area and absent from the second area along the at least one common course in order would be an arrangement that is expected to have a reasonable expectation of success at providing different areas with different functionalities based on the teachings of Poegl.
Regarding claim 4:
Zavala ‘226 in view of Podhajny and Poegl teaches The article of footwear of claim 1, as set forth above.
Zavala ‘226 further discloses wherein the knit textile further comprises a third area 221 extending through at least part of the midfoot region and through at least part of the heel region on the medial side of the upper (Figs. 2-3), the third area 221 extending adjacent to the first area 216 in at least the midfoot region (Figs. 2-3), wherein the knit textile has a third thickness in the third area measured between the outer-facing surface and the inner-facing surface,
Zavala ‘226 does not expressly disclose wherein the third thickness is less than the first thickness.
First area 216 and third area 221 differ: “have one or more different physical properties”; third area 221 “can have a larger degree or a larger amount of stretch resistance than” the first area 216; third area 221 “can be stiffer than” the first area 216 (para 48) whereby the “varying stretch resistance of each zone...can be achieved in various ways...each zone...can have a different stitching pattern...each zone may include different types of yarns or strands”; first area 216 “can be formed using one or more elastic yarns, such as spandex...can have a mesh-type of appearance for increased breathability”; third area 221 “can include yarns made from thermoplastic polymeric material. These yarns can be less elastic than yarns included in” the first area 216 (para 56).
Thus Zavala ‘226 teaches first area 216 and third area 221 can have different stitching patterns and yarns.
Zavala ‘226 does not expressly state the different stitching patterns are different yarns result in different thicknesses between areas; however, the compositional and structural differences described in Zavala ‘226 at least suggest that thickness could differ among the various areas of Zavala ‘226 including between areas 216 and 221.
Podhajny teaches an article of footwear (“article of footwear”; Abstract) comprising an upper (“upper”) comprising a knit textile (“knitted component”; Abstract) “formed of unitary knit construction” (para 5) wherein a second thickness 499 of a second area 495 is less than a first thickness 498 of a first area 494: “portion 492 comprises a first knit portion 494 having a first thickness 498 and a second knit portion 495 having a second thickness 499. In some embodiments, first thickness 498 is substantially greater than second thickness 499” (para 169; Fig. 39).
Podhajny further teaches “portion 492 may comprise a substantially continuous knit portion. In such embodiments, differences in thickness between first knit portion 494 and second knit portion 495 may be achieved by varying the knit configuration....different yarns may be used to achieve differences in thickness” (para 169).
Podhajny further teaches “the increased thickness of first knit portion 494 may help increase cushioning and comfort” (para 168).
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 article of footwear of Zavala ‘226 such that the third area is less than the first thickness in order to increase cushioning and/or comfort in the first area relative to the third area, as suggested by Podhajny (para 168).
Regarding claim 6:
Zavala ‘226 in view of Podhajny and Poegl teaches The article of footwear of claim 1, as set forth above.
Zavala ‘226 further discloses wherein the second area 223 extends from the first area 216 to a biteline (between 111 and 150; Figs. 1-2) where the upper is secured to (para 22; Figs. 1-2) a sole structure 22.
Claim(s) 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2014/0338226, hereinafter referred to as Zavala ‘226], [Podhajny, US 2014/0068968], and [Poegl, US 2022/0074091] as applied to claim 1 above, and further in view of [Meir, US 2013/0239625, previously cited], [Durrell, US 2020/0022447, previously cited] and [Liu, US 2019/0203388, previously cited].
Regarding claim 2:
Zavala ‘226 in view of Podhajny and Poegl teaches The article of footwear of claim 1, as set forth above.
Zavala ‘226 does not expressly disclose wherein at least a portion of the first area has a double knit construction that comprises a high-tenacity yarn and a yarn comprising a thermoplastic elastomer.
In the modified Zavala ‘226, the second thickness of the second area is less than the first thickness of the first area (see above treatment of claim 1).
Meir ‘625 teaches (Figs. 13-15) a knit upper (Abstract) wherein a knit textile 1412 comprises a second area 1412 having a second thickness wherein said second thickness is less than a first thickness of a first area 1410 (“first knit structure 1410...have a greater thickness than second knit structure 1412”; para 95; see also Figs. 14-15). In Meir, the “first knit structure 1410 may be a double-knit jersey structure and second knit structure 1412 may be a single-knit jersey structure” (para 95).
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 Halbower such that at least a portion of the first area has a double knit construction and at least a portion of the second area has a single knit construction in order to yield the predictable result of providing the relative thicknesses of the two areas—the double knit area having a greater thickness than the single knit area—as suggested by Meir (Figs. 13-15; para 95).
Regarding the limitation that comprises a high-tenacity yarn and a yarn comprising a thermoplastic elastomer:
Durrell teaches a knitted component (Abstract) appropriate for footwear (para 2) wherein an area comprises “a high-tenacity yarn” “to provide...strength” (para 26).
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 Zavala ‘226 such that its portion of the first area has a double knit construction that comprises a high-tenacity yarn in order to provide strength to the portion of the first area, as suggested by Durrell (para 26).
Liu teaches a fabric appropriate for “footwear uppers” (Figs. 24-25; paras 58 and 63) comprising a knit fabric (para 12; para 28; para 34; Figs. 1B-1C) comprising a yarn comprising a thermoplastic elastomer (“yarn...comprising...thermoplastic elastomer”; para 55). Liu further teaches “thermoplastic elastomer...is known for...superior tensile strength and thermo-stability” (para 55).
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 Zavala ‘226 such that its portion of the first area has a double knit construction that comprises a high-tenacity yarn and also a yarn comprising a thermoplastic elastomer in order to render the portion of the first area strong and/or thermostable, as suggested by Liu (para 55).
Regarding claim 8:
Zavala ‘226 in view of Podhajny, Poegl, Meir, Durrell, and Liu teach The article of footwear of claim 2, as set forth above.
The modified Zavala ‘226 as applied to claim 2 above does not meet the limitation wherein at least a portion of the thermoplastic yarn in the first area is melted after knitting.
However and in further view of Liu:
Liu teaches at least a portion of a thermoplastic yarn is melted (para 39) after knitting (“After the fabric including...layer[s] 110 and...120 are produced”; para 39.
Liu further teaches the thermoplastic yarn being melted permits formation of a “continuous film...covering the region of the first surface...originally covered by the first covering layer” so as to provide the article with “improved moisture resistance properties” (para 39).
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 Zavala ‘226 such that at least a portion of the thermoplastic yarn in the first area is melted after knitting in order to permit the formation of a moisture-resistant film, as taught by Liu (para 39), to protect the article from moisture.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2014/0338226, hereinafter referred to as Zavala ‘226], [Podhajny, US 2014/0068968], and [Poegl, US 2022/0074091] as applied to claim 1 above, and further in view of [Meir, US 2013/0239625, previously cited], and [Durrell, US 2020/0022447, previously cited].
Regarding claim 3:
Zavala ‘226 in view of Podhajny and Poegl teaches The article of footwear of claim 1, as set forth above.
Zavala ‘226 does not expressly disclose wherein at least a portion of the second area has a single knit construction comprising a high-tenacity yarn.
In the modified Zavala ‘226, the second thickness of the second area is less than the first thickness of the first area (see above treatment of claim 1).
Meir teaches (Figs. 13-15) a knit upper (Abstract) wherein a knit textile 1412 comprises a second area 1412 having a second thickness wherein said second thickness is less than a first thickness of a first area 1410 (“first knit structure 1410...have a greater thickness than second knit structure 1412”; para 95; see also Figs. 14-15). In Meir ‘625, the “first knit structure 1410 may be a double-knit jersey structure and second knit structure 1412 may be a single-knit jersey structure” (para 95).
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 Zavala ‘226 such that at least a portion of the first area has a double knit construction and at least a portion of the second area has a single knit construction in order to yield the predictable result of providing the relative thicknesses of the two areas—the double knit area having a greater thickness than the single knit area—as suggested by Meir (Figs. 13-15; para 95).
Regarding the limitation comprising a high-tenacity yarn:
Durrell teaches a knitted component (Abstract) appropriate for footwear (para 2) wherein an area comprises “a high-tenacity yarn” “to provide...strength” (para 26).
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 Zavala ‘226 such that its portion of the second area has a single knit construction comprising a high-tenacity yarn in order to provide strength to the portion of the second area, as suggested by Durrell (para 26).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2014/0338226, hereinafter referred to as Zavala ‘226], [Podhajny, US 2014/0068968], and [Poegl, US 2022/0074091] as applied to claim 4 above, and further in view of [Fraser, US 2018/0055137, newly cited].
Regarding claim 5:
Zavala ‘226 in view of Podhajny and Poegl teaches The article of footwear of claim 4, as set forth above.
Zavala ‘226 further discloses wherein the knit textile further comprises a fourth area 218 extending around an ankle opening 121 wherein the fourth area 218 comprises a fourth thickness.
Zavala ‘226 does not expressly disclose wherein the fourth area comprises a fourth thickness that is greater than the second thickness.
Second area 223 and fourth area 218 differ: “have one or more different physical properties”; second area 223 “can have a larger degree or a larger amount of stretch resistance than” the fourth area 218; second area 223 “can be stiffer than” the fourth area 218 (para 48) whereby the “varying stretch resistance of each zone...can be achieved in various ways...each zone...can have a different stitching pattern...each zone may include different types of yarns or strands”
Zavala ‘226 does not expressly state the different stitching patterns are different yarns result in different thicknesses between areas; however, the compositional and structural differences described in Zavala ‘226 at least suggest that thickness could differ among the various areas of Zavala ‘226 including between areas 223 and 218.
Podhajny teaches an article of footwear (“article of footwear”; Abstract) comprising an upper (“upper”) comprising a knit textile (“knitted component”; Abstract) “formed of unitary knit construction” (para 5) wherein a second thickness 499 of a second area 495 is less than a first thickness 498 of a first area 494: “portion 492 comprises a first knit portion 494 having a first thickness 498 and a second knit portion 495 having a second thickness 499. In some embodiments, first thickness 498 is substantially greater than second thickness 499” (para 169; Fig. 39).
Podhajny further teaches “portion 492 may comprise a substantially continuous knit portion. In such embodiments, differences in thickness between first knit portion 494 and second knit portion 495 may be achieved by varying the knit configuration....different yarns may be used to achieve differences in thickness” (para 169).
Podhajny further teaches “the increased thickness of first knit portion 494 may help increase cushioning and comfort” (para 168).
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 article of footwear of Zavala ‘226 such that fourth thickness that is greater than the second thickness in order to increase cushioning and/or comfort in the fourth area relative to the second area, as suggested by Podhajny (para 168).
The modified Zavala ‘226 does not meet the limitation the fourth area extending around an entirety of an ankle opening.
However, Fraser teaches a footwear upper (Abstract) comprising a knit textile 14 (i.e. “knitted component 14 may be formed as an integral one-piece element during a knitting process, such as a weft knitting process”; para 37) wherein a fourth area 38 extends around an entirety (Figs. 1-5) of an ankle opening (the “opening formed by” the fourth area; para 31.
In Fraser, only one “seam 48 extends through the heel region...to join edges 50 of the knitted component 14” (para 35; Figs. 1-5). This is in contrast to Zavala ‘226 which requires two heel seams 240 and 242 (para 44; Figs. 1-3 of Zavala ‘226).
Fraser further teaches “the knitting process may substantially form the knit structure of the knitted component 14 without the need for significant post-knitting processes or steps” (para 37).
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 Zavala ‘226 such that its fourth area is extending around an entirety of the ankle opening, as in Fraser, in order to permit the manufacture of the article of footwear in fewer steps: without the separate step of separately forming components 105 and 152 of Zavala ‘226 and without the separate step of seaming both seams 240 and 242 (and instead with only one heel seaming as in Fraser).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2014/0338226, hereinafter referred to as Zavala ‘226], [Podhajny, US 2014/0068968], and [Poegl, US 2022/0074091] as applied to claim 1 above, and further in view of [Zavala, US 2017/0258169, hereinafter Zavala ‘169, previously cited] and [Minami, US 2008/0127524, previously cited].
Regarding claim 7:
Zavala ‘226 in view of Podhajny and Poegl teaches The article of footwear of claim 1, as set forth above.
Zavala ‘226 does not expressly disclose wherein the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction.
Zavala ‘169 teaches providing an outer surface of a knit textile with aesthetic and functional characteristics including increased friction (emphasis provided by Examiner): “loops exposed on the outer surface of the knit element 240 (e.g., the loops formed on the front needle bed 562 of FIG. 5) may form a textured surface of the knit element 240 that produce a desirable visual effect on the outer surface of the upper 220. It is contemplated that these loops may be formed of multiple yarns with a variety of colors. Each color may be specifically located to thereby form an aesthetically pleasing pattern. Further, these loops exposed on the outer surface of the knit element 240 may provide the upper 220 with desirable functional characteristics (e.g., increased friction when gripping or contacting another object, such as a ball)”; para 58.
Thus Zavala ‘169 at least teaches providing a knit textile outer surface with increased friction. However, Zavala ‘169 is silent as to relative friction between two areas.
Minami teaches an upper 102 wherein said upper is provided with an increased coefficient of friction at portions thereof (i.e. provided with “gripping members” which are “made of a material with a higher coefficient of friction than upper 102”; para 54). Minami further teaches a “gripping region 576 may be disposed on side portion 582 of upper 502” (para 79) whereby “if a wearer wishes to curl the ball for a pass or a curved shot, the wearer may kick a ball with side portion 582 where...gripping region 576 is disposed” (para 81).
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 Zavala ‘226 such that the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction in order to permit a wearer to kick a ball with a high-friction-side portion of the first area for the purpose of permitting a wearer to curl a ball for a pass and/or a curved shot, as taught by Minami (para 81).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2017/0258169, previously cited; hereinafter Zavala ‘169] in view of [Poegl, US 2022/0074091, newly cited] and [Minami, US 2008/0127524, previously cited].
Regarding claim 9:
Zavala ‘169 discloses (Fig. 1):
An article of footwear 110, 120 (i.e. the combined “sole 110” and “upper 120”; para 32), comprising:
an upper 120, comprising:
a knit textile 140 forming at least part of a forefoot region 101, a midfoot region 102, a heel region 122, a lateral side 104, and a medial side 105 of the upper, the knit textile comprising an outer- facing surface (para 35; Fig. 1) and an inner-facing surface (the “surface facing the void 128”; para 35; Fig. 1);
Zavala ‘169 Fig. 1 does not expressly disclose:
a first area of the knit textile extending through at least part of the forefoot region and through at least part of a throat area in the midfoot region, and extending at least partially through the medial side and the lateral side; and
a second area of the knit textile having a different knit construction than the first area and extending through at least part of the midfoot region and through at least part of the heel region on the lateral side of the upper, and extending adjacent to the first area through at least the midfoot region, and
wherein the first area and the second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course.
However and in further view of Zavala ‘169:
Zavala ‘169 Fig. 2 teaches an upper 220 of an “article of footwear” (para 36) wherein said upper 220 comprises:
a first area 232 of a knit textile 240 extending through at least part of the forefoot region 201 (as evidenced in Fig. 4 wherein a portion of 232 extends into forefoot region 201) and through at least part of a throat area 207 in a midfoot region (the region between 201 and 222; Fig. 2), and extending at least partially through the medial side (Fig. 2; para 25) and the lateral side (first area 232 “include[s] the cuff 230” (para 37) wherein said cuff 230 is “configured to surround an ankle” (para 36) such that first area extends at least partially through both medial side and lateral side); and
a second area 234 of the knit textile having a different knit construction than the first area 232 (para 38) and extending through at least part of the midfoot region (the region between 201 and 222; Fig. 2) and through at least part of the heel region 222 on the lateral side of the upper (“to the heel region 222 on the lateral side (not shown)”; para 38), and extending adjacent to the first area 232 through at least the midfoot region (the region between 201 and 222; Fig. 2),
Zavala ‘169 further teaches the upper of Fig. 2 is appropriate for “providing additional support to the ankle and/or lower leg (e.g., to prevent or reduce ankle inversion), by providing protection from harsh conditions (e.g., when the article of footwear is a boot for rugged outdoor use), by providing a foot with a comfortable and secure fit, and/or by providing desirable aesthetics” (para 36), and
wherein the first area and the second area are integrally knit (para 37) and extend continuously along the knit textile in at least the midfoot region (Fig. 2) wherein first yarns (i.e. “elastic yarns”; para 39) are present in the first area (para 39) and absent from the second area (“second portion 234 may be substantially free of elastic yarns”; para 39).
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 article of footwear of Zavala ‘169 Fig. 1 such that the knit textile of its upper is provided with a first area of the knit textile extending through at least part of the forefoot region and through at least part of a throat area in the midfoot region, and extending at least partially through the medial side and the lateral side; and a second area of the knit textile having a different knit construction than the first area and extending through at least part of the midfoot region and through at least part of the heel region on the lateral side of the upper, and extending adjacent to the first area through at least the midfoot region wherein the first area and the second area are integrally knit and extend continuously along the knit textile in at least the midfoot region wherein first yarns are present in the first area and absent from the second area, as in Zavala ‘169 Fig. 2, in order to provide additional support to the ankle and/or lower leg (e.g., to prevent or reduce ankle inversion); provide protection from harsh conditions (e.g., when the article of footwear is a boot for rugged outdoor use); to providing a foot with a comfortable and secure fit, and/or to provide desirable aesthetics, as taught by Zavala ‘169 (para 36).
The modified Zavala ‘169 does not meet the limitation wherein the first area and the second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course.
However and in further view of Zavala ‘169:
Zavala ‘169 teaches “at least one of the yarns forming the first portion 232 may be different than at least one of the yarns forming the second portion 234” whereby “the first portion 232 may be at least partially formed with yarns that have an elastic material” and “the second portion 234 may be substantially free of elastic yarns” such that Zavala ‘169 at least teaches first yarns (i.e. elastic yarns) are present in the first area 232 and absent from the second area 234.
Poegl teaches an upper (“shoe upper”; Abstract) appropriate for an article of footwear (“parts of footwear...or an entire piece of footwear...manufactured on knitting machines”; para 2) wherein a first area (“first section”; para 97) and a second area (“second section”; para 97) are integrally knit (“connected by knit stitches”; para 97) so as to “form[]...different zones in the knit element” (para 97) wherein “intarsia knits are executed in certain areas for functional...reasons” (para 275) within a “seamless construction, such that no sewing allowances are needed “ (para 275). As embodied in Fig. 18A, a first area 181 and a second area 182 are integrally knit and extend continuously (Fig. 18A) along at least one common course of a knit textile (a course formed by knitting according the “diagram” provided in “The upper part of...the[] figure”; para 334), and wherein first yarns B, C are present in the first area (“yarns B, C...in...area 181”; para 335; Fig. 18A) and absent from the second area (“Yarns B, C are not used in neighboring area[] 182”; para 334; Fig. 18A) along the at least one common course (para 35; Fig. 18A).
Although Poegl does not state the common course is provided in a midfoot region, the common course is provided in a region of the knit upper that comprises both first area 181 and also second area 182 (Fig. 18A; para 335). And it is noted that in the modified Zavala ‘169, the midfoot region is a region that comprises both the first area and also the second area of Zavala ‘169 (as in Zavala ‘169 Fig. 2 and as stated above).
Poegl further teaches “Creating knit elements for uppers, complete uppers or paired uppers that include zones having yarns placed such that placement can be controlled down to a stitch increases functionality of the upper while potentially decreasing cost of the materials” (para 18).
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 Zavala ‘169 such that its first area and its second area extend continuously along at least one common course of the knit textile in at least the midfoot region and wherein first yarns are present in the first area and absent from the second area along the at least one common course in order to increase upper functionality and/or decrease material cost, as suggested by Poegl (para 18).
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 Zavala ‘169 such that its first area and its second area extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course in order to yield the predictable result of an article comprising a footwear upper whose first and second areas afford the greater relative structural integrity of the second area 234—as opposed to the first area 323—for strength and support in the second area (as described by Zavala ‘169 para [0058]) via the properties and characteristics of the first yarns in the first area and the properties and characteristics of the other yarn(s) in the second area. One of ordinary skill would have been confronted with one or more decision(s) as to how to arrange the first and second areas and would have recognized that the arrangement wherein first area and second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course would be an arrangement that is expected to have a reasonable expectation of success at providing different areas with different functionalities based on the teachings of Poegl.
The modified Zavala ‘169 does not meet the limitation:
wherein the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction.
However and in further view of Zavala ‘169:
Zavala ‘169 teaches two areas 232, 234 of a knit textile may differ in terms of elasticity: “the knit structure of the second portion 234...may be relatively inelastic at least when compared to the first knit structure forming the first portion 232”; para 58.
In addition, Zavala ‘169 further teaches providing the outer surface of a knit textile with aesthetic and functional characteristics including increased friction (emphasis provided by Examiner): “loops exposed on the outer surface of the knit element 240 (e.g., the loops formed on the front needle bed 562 of FIG. 5) may form a textured surface of the knit element 240 that produce a desirable visual effect on the outer surface of the upper 220. It is contemplated that these loops may be formed of multiple yarns with a variety of colors. Each color may be specifically located to thereby form an aesthetically pleasing pattern. Further, these loops exposed on the outer surface of the knit element 240 may provide the upper 220 with desirable functional characteristics (e.g., increased friction when gripping or contacting another object, such as a ball)”; para 58.
Thus Zavala ‘169 at least teaches providing a knit textile outer surface with increased friction. However, Zavala ‘169 is silent as to relative friction between two areas.
Minami teaches an upper 102 wherein said upper is provided with an increased coefficient of friction at portions thereof (i.e. provided with “gripping members” which are “made of a material with a higher coefficient of friction than upper 102”; para 54). Minami further teaches a “gripping region...may be disposed on instep portion 580 of upper 502” (para 79) whereby “if a player wishes to keep the trajectory of a ball low, they may kick a ball with instep portion 580 where first gripping region 574 is disposed” (para 80).
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 Zavala ‘169 such that the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction in order to permit a wearer to kick a ball with a high-friction-instep portion of the first area for the purpose of permitting a ball trajectory low, as suggested by Minami (para 80).
Regarding claim 10:
Zavala ‘169 in view of Poegl and Minami teach The article of footwear of claim 9, as set forth above.
As applied to claim 9 above, the modified Zavala does not meet the limitation wherein the first area has a double knit construction, and the second area has a single knit construction.
However and in further view of Zavala ‘169:
Zavala ‘169 teaches “The knit element 240 may include more than one type of knit structure, such as ...a single or double jersey knit structure”; para 37.
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 Zavala ‘169 such that its first area has a double jersey knit construction and its second area has a single jersey knit construction in order to yield the predictable result of an article of footwear appropriate for the activity of soccer and/or football. One of ordinary skill would have been confronted with a choice of knit construction(s) to provide to each area and would have recognized that providing the first area has a double jersey knit construction and the second area has a single jersey knit construction would be one of a plurality of acceptable choices of knit structure assignment based on the teachings of Zavala ‘169.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2017/0258169; hereinafter Zavala ‘169], [Poegl, US 2022/0074091], and [Minami, US 2008/0127524] as applied to claim 9 above, and further in view of [Durrell, US 2020/0022447, previously cited] and [Frazier, US 2021/0030117, previously cited].
Regarding claim 11:
Zavala ‘169 in view of Poegl and Minami teach The article of footwear of claim 9, as set forth above.
Zavala ‘169 does not expressly disclose wherein the first area comprises a high-tenacity yarn and a yarn comprising a thermoplastic elastomer.
Durrell teaches a knitted component (Abstract) appropriate for footwear (para 2) wherein an area comprises “a high-tenacity yarn” “to provide...strength” (para 26).
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 Zavala ‘169 such that its first area comprises a high-tenacity yarn in order to provide strength to the first area, as suggested by Durrell (para 26).
Frazier teaches yarn (para 88) comprising a thermoplastic elastomer (para 95) further wherein an outer-facing surface of an article of footwear comprises a skin that comprises the thermoplastic elastomer (“forming a skin having high abrasion-resistance and/or traction across an entire surface of the textile or just within a region of the textile”; para 22).
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 Zavala ‘169 such that its first area comprises a high-tenacity yarn and a yarn comprising a thermoplastic elastomer; wherein the outer-facing surface comprises a skin that comprises the thermoplastic elastomer in order to provide abrasion resistance and/or traction to the first area, as suggested by Frazier (para 22).
Regarding claim 12:
Zavala ‘169 in view of Poegl, Minami, Durrell, and Frazier teach The article of footwear of claim 11, as set forth above.
The modified Zavala ‘169 further meets the limitation wherein the outer-facing surface comprises a skin that comprises the thermoplastic elastomer.
(Refer to above treatment of claim 11 where the limitation is addressed.)
Regarding claim 13:
Zavala ‘169 in view of Poegl, Minami, Durrell, and Frazier teach The article of footwear of claim 11, as set forth above.
The modified Zavala ‘169 does not meet the limitation wherein the thermoplastic elastomer is absent from the second area.
However and in further view of Frazier:
Frazier teaches yarn (para 88) comprising a thermoplastic elastomer (para 95) further wherein an outer-facing surface of an article of footwear comprises a skin that comprises the thermoplastic elastomer (“forming a skin having high abrasion-resistance and/or traction across an entire surface of the textile or just within a region of the textile”; para 22; emphasis provided by Examiner).
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 Zavala ‘169 such that the thermoplastic elastomer is absent from the second area in order to provide abrasion resistance and/or traction only to the first area and not to the second area, as suggested by Frazier (para 22).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Zavala, US 2017/0258169; hereinafter Zavala ‘169], [Poegl, US 2022/0074091], and [Minami, US 2008/0127524] as applied to claim 9 above, and further in view of [Huffa, US 2019/0350303, newly cited].
Regarding claim 11:
Zavala ‘169 in view of Poegl and Minami teach The article of footwear of claim 9, as set forth above.
Zavala ‘169 does not expressly disclose wherein the at least one yarn of the first yarns is exposed on an outer-facing surface of the knit textile at a first location and exposed on an inner-facing surface of the knit textile at a second location within the first area.
However, Huffa teaches (para 12) a knit textile for footwear wherein a yarn is exposed on an outer-facing surface (“visible in the technical face 1 of a fabric”; para 12) of the knit textile at a first location (i.e. a location of a head of a knitting loop) and exposed on an inner-facing surface (“visible on the technical back 2, or purl side of a fabric”; para 12) of the knit textile at a second location (i.e. a location of a foot of a knitting loop) within a first area (i.e. an area that comprises heads, feet, and legs of knitting loops).
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 Zavala ‘169 such that the at least one yarn of the first yarns is exposed on an outer-facing surface of the knit textile at a first location and exposed on an inner-facing surface of the knit textile at a second location within the first area in order to yield the predictable result of an article of footwear whose one yarn of the first yarns is presented to an observer for viewing on both the outer-facing surface of the knit textile at the first location and also presented to an observer for viewing on the inner-facing surface of the knit textile at the second location in order to achieve an aesthetic design of the footwear wherein the one yarn can be viewed from within the article of footwear and also from outside the article of footwear.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984, newly cited] in view of [Poegl, US 2022/0074091, newly cited].
Regarding claim 15:
Tamm discloses (Fig. 9):
An article of footwear (the “shoe” comprising “upper 51...attached to a sole”; para 214), comprising:
an upper 51, comprising: a knit (para 189) textile 51 extending at least partially through a forefoot region (see annotated Fig. 9 – a below), a midfoot region (see annotated Fig. 9 – a below), a heel region (see annotated Fig. 9 – a below), a lateral side (see annotated Fig. 9 – a below), and a medial side (see annotated Fig. 9 – a below) of the upper, the knit textile comprising an outer-facing surface (that surface of Fig. 9 that is presented to the viewer in Fig. 9) and an inner-facing surface (inner-facing surface is provided behind outer-facing surface in Fig. 9 and is obscured from view by the outer-facing surface); a first area 91c of the knit textile comprising a first thickness measured between the outer-facing surface and the inner-facing surface; and a second area 92c of the knit textile comprising a second thickness measured between the outer-facing surface and the inner-facing surface, wherein the first area has a first stiffness (as evidenced by its having a finite “stretchability [] expressed as Young’s modulus”; para 65) and the second area has a second stiffness (as evidenced by its having a finite “stretchability [] expressed as Young’s modulus”; para 65) the second stiffness being greater than the first stiffness (first area comprises “yarn...more elastic than” the yarns of second area so as to provide ductility/elasticity so as to permit adjustment to the foot and “ensure a good fit of the upper...and a good fitting” as opposed to the second area which “fixes the foot in case of great force transmissions and limits its maximum movement” owing to the “less elastic” yarns thereof (para 205)), and wherein the first area and the second area are integrally knit (“[]knitted in intarsia...technique”; “Intarsia...technique allow it in a simple manner to manufacture neighboring partial areas with different yarns when weft-knitting or warp-knitting knitwear”; para 59) and extend continuously along at least one common course of the knit textile (“[]knitted in intarsia...technique”; para 59) in at least the midfoot region (the upper of Fig. 9 is “manufactured on a weft-knitting machine or a warp-knitting machine” (para 189) such that at least one common course is provided in at least the midfoot region), and wherein first yarns (“first yarn”; para 204) are present in the first area.
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Tamm does not expressly disclose and the first yarns are absent from the second area along the at least one common course.
However and in further view of Tamm: Tamm teaches first yarns are provided in first area (para 204), and second yarns (“second yarn”; para 204) are provided in second area.
Poegl teaches an upper (“shoe upper”; Abstract) appropriate for an article of footwear (“parts of footwear...or an entire piece of footwear...manufactured on knitting machines”; para 2) wherein a first area (“first section”; para 97) and a second area (“second section”; para 97) are integrally knit (“connected by knit stitches”; para 97) so as to “form[]...different zones in the knit element” (para 97) wherein “intarsia knits are executed in certain areas for functional...reasons” (para 275) within a “seamless construction, such that no sewing allowances are needed “ (para 275). As embodied in Fig. 18A, a first area 181 and a second area 182 are integrally knit and extend continuously (Fig. 18A) along at least one common course of a knit textile (a course formed by knitting according the “diagram” provided in “The upper part of...the[] figure”; para 334), and wherein first yarns B, C are present in the first area (“yarns B, C...in...area 181”; para 335; Fig. 18A) and absent from the second area (“Yarns B, C are not used in neighboring area[] 182”; para 334; Fig. 18A) along the at least one common course (para 35; Fig. 18A).
Poegl further teaches “Creating knit elements for uppers, complete uppers or paired uppers that include zones having yarns placed such that placement can be controlled down to a stitch increases functionality of the upper while potentially decreasing cost of the materials” (para 18).
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 article of Tamm such that the first yarns are present in the first area and absent from the second area along the at least one common course in order to increase upper functionality and/or decrease material cost, as suggested by Poegl (para 18).
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 article of Tamm such that the first yarns are present in the first area and absent from the second area along the at least one common course in order in order to yield the predictable result of an article comprising a footwear upper whose first and second areas afford the different capabilities of first and second areas (paras 205-206 of Tamm) via the properties and characteristics of the first yarns in the first area and the properties and characteristics of the other yarn(s) in the second area. One of ordinary skill would have been confronted with one or more decision(s) as to how to arrange the first and second areas and would have recognized that the arrangement wherein first area and second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course would be an arrangement that is expected to have a reasonable expectation of success at providing different areas with different functionalities based on the teachings of Poegl.
Tamm does not expressly disclose wherein the second thickness is less than the first thickness.
In further view of Tamm:
Tamm teaches “The use of knitwear allows products such as an upper...to be equipped with areas having different characteristics and providing different functions with low production effort. The properties include bendability, stretchability (expressed as Young's modulus, for example),...and thickness” (para 65). Tamm further teaches “the thickness of the knitwear is variable” (para 93) and “thickness...may be set in different areas depending on the function or the wearer. Various degrees of cushioning may be achieved with areas of various thicknesses, for example” (para 98).
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 Tamm such that the second thickness is less than the first thickness in order to afford a high degree of cushioning to the upper in the first area, as suggested by Tamm (para 98).
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 Tamm such that the second thickness is less than the first thickness in order to afford yield the predictable result of an article of footwear that whose first and second areas continue to afford the different capabilities of first and second areas as described in paras 205-206 of Tamm. One of ordinary skill would have been confronted with one or more decision(s) as to how, specifically, to provide the first and second areas and their relative thicknesses and would have recognized that providing the second thickness is less than the first thickness as claimed would be one of three finite solutions as to how to provide the thicknesses of the two areas while providing the capabilities described in paras 205-206 of Tamm: the three finite solutions being the second thickness is less than the first thickness as claimed; the second thickness is greater than the first thickness; the second thickness is the same as the first thickness.
Regarding claim 16:
Tamm in view of Poegl teach The article of footwear of claim 15, as set forth above.
Tamm further discloses wherein the second area is joined to the second area through intarsia knitting (“[]knitted in intarsia...technique”; “Intarsia...technique allow it in a simple manner to manufacture neighboring partial areas with different yarns when weft-knitting or warp-knitting knitwear”; para 59).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984] and [Poegl, US 2022/0074091] as applied to claim 15 above, and further in view of [Berrian, US 2020/0046074, newly cited].
Regarding claim 17:
Tamm in view of Poegl teach The article of footwear of claim 15, as set forth above.
Tamm does not expressly disclose wherein a translucency of the second area is greater than a translucency of the first area.
Berrian teaches a footwear upper 102 comprising a knitted component 132 wherein “The knitted component 132 may also provide desirable aesthetic characteristics by incorporating yarns having...various degrees of transparency or translucency or other visual properties arranged in a particular pattern” (para 26) wherein a yarn 144 “may be translucent or at least partially transparent in some embodiments. This may allow one or more images, elements, symbols, logos or other objects that are behind portions of the knitted component 132 formed from the first yarn 144, (such as images or elements that are adjacent to the inner surface or first side 130 of the upper 102 and/or within the void 118 formed by the upper 102, to be visible from the second side 138 or exterior of the upper 102. This may enhance the visual properties and/or aesthetic appearance of the upper 102, for example” (para 40).
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 Tamm such that a translucency of the second area is greater than a translucency of the first area in order to permit one or more images, elements, symbols, logos or other objects that are behind portions of the upper to be visible from the exterior of the upper in the pattern defined by the combined first and second areas to enhance the visual properties and/or aesthetic appearance of the article, as suggested by Berrian (paras 26 and 40).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984] and [Poegl, US 2022/0074091] as applied to claim 15 above, and further in view of [Frazier, US 2021/0030117, previously cited].
Regarding claim 18:
Tamm in view of Poegl teach The article of footwear of claim 15, as set forth above.
Tamm does not expressly disclose wherein the first area comprises a thermoformed network of yarns comprising a thermoplastic elastomer that is softened and solidified.
In further view of Tamm:
Tamm teaches providing a thermoformed network of yarns comprising a thermoplastic that is softened and solidified (para 211) within the first area (para 211) for “reinforcing” the knit textile (para 211).
Tamm is silent as to whether the thermoplastic is a thermoplastic elastomer.
However, Frazier teaches a thermoformed network of yarns (para 88) comprising a thermoplastic elastomer (para 95) that is softened and solidified (para 88) further wherein the thermoplastic elastomer forms a film at least partially covering an outer-facing surface of an article of footwear (“define...externally-facing surface of the...footwear...is a component of an upper for...footwear”; para 95).
Frazier further teaches “The thermoformed film component can be used to provide abrasion resistance or traction or both to at least a portion of the article of footwear” (para 95).
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 Tamm such that the first area comprises a thermoformed network of yarns comprising a thermoplastic elastomer that is softened and solidified; wherein the thermoplastic elastomer forms a film at least partially covering the outer-facing surface of the knit textile in the first area in order to reinforce (as taught by Tamm) and provide abrasion resistance and/or traction (as taught by Frazier) to the first area.
Regarding claim 19:
Tamm in view of Poegl and Frazier teach The article of footwear of claim 18, as set forth above.
The modified Tamm further meets the limitation wherein the thermoplastic elastomer forms a film at least partially covering the outer-facing surface of the knit textile in the first area (see above treatment of claim 18 where the limitation is addressed).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984], [Poegl, US 2022/0074091], and [Frazier, US 2021/0030177] as applied to claim 19 above, and further in view of [Zavala, US 2017/0258169, previously cited; hereinafter Zavala ‘169] and [Minami, US 2008/0127524, previously cited].
Regarding claim 20:
Tamm in view of Poegl and Frazier teaches The article of footwear of claim 19, as set forth above.
Tamm does not expressly disclose wherein the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction.
Zavala ‘169 teaches providing an outer surface of a knit textile with aesthetic and functional characteristics including increased friction (emphasis provided by Examiner): “loops exposed on the outer surface of the knit element 240 (e.g., the loops formed on the front needle bed 562 of FIG. 5) may form a textured surface of the knit element 240 that produce a desirable visual effect on the outer surface of the upper 220. It is contemplated that these loops may be formed of multiple yarns with a variety of colors. Each color may be specifically located to thereby form an aesthetically pleasing pattern. Further, these loops exposed on the outer surface of the knit element 240 may provide the upper 220 with desirable functional characteristics (e.g., increased friction when gripping or contacting another object, such as a ball)”; para 58.
Thus Zavala ‘169 at least teaches providing a knit textile outer surface with increased friction. However, Zavala is silent as to relative friction between two areas.
Minami teaches an upper 102 wherein said upper is provided with an increased coefficient of friction at portions thereof (i.e. provided with “gripping members” which are “made of a material with a higher coefficient of friction than upper 102”; para 54). Minami further teaches a “gripping region 576 may be disposed on side portion 582 of upper 502” (para 79) whereby “if a wearer wishes to curl the ball for a pass or a curved shot, the wearer may kick a ball with side portion 582 where...gripping region 576 is disposed” (para 81).
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 Tamm such that the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction in order to permit a wearer to kick a ball with a high-friction-side portion of the first area for the purpose of permitting a wearer to curl a ball for a pass and/or a curved shot, as taught by Minami (para 81).
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984, newly cited] in view of [Poegl, US 2022/0074091, newly cited] and [Podhajny, US 2014/0068968, newly cited].
Regarding claim 15:
Tamm discloses (Fig. 9):
An article of footwear (the “shoe” comprising “upper 51...attached to a sole”; para 214), comprising:
an upper 51, comprising: a knit (para 189) textile 51 extending at least partially through a forefoot region (see annotated Fig. 9 – a below), a midfoot region (see annotated Fig. 9 – a below), a heel region (see annotated Fig. 9 – a below), a lateral side (see annotated Fig. 9 – a below), and a medial side (see annotated Fig. 9 – a below) of the upper, the knit textile comprising an outer-facing surface (that surface of Fig. 9 that is presented to the viewer in Fig. 9) and an inner-facing surface (inner-facing surface is provided behind outer-facing surface in Fig. 9 and is obscured from view by the outer-facing surface); a first area 91c of the knit textile comprising a first thickness measured between the outer-facing surface and the inner-facing surface; and a second area 92c of the knit textile comprising a second thickness measured between the outer-facing surface and the inner-facing surface, wherein the first area has a first stiffness (as evidenced by its having a finite “stretchability [] expressed as Young’s modulus”; para 65) and the second area has a second stiffness (as evidenced by its having a finite “stretchability [] expressed as Young’s modulus”; para 65) the second stiffness being greater than the first stiffness (first area comprises “yarn...more elastic than” the yarns of second area so as to provide ductility/elasticity so as to permit adjustment to the foot and “ensure a good fit of the upper...and a good fitting” as opposed to the second area which “fixes the foot in case of great force transmissions and limits its maximum movement” owing to the “less elastic” yarns thereof (para 205)), and wherein the first area and the second area are integrally knit (“[]knitted in intarsia...technique”; “Intarsia...technique allow it in a simple manner to manufacture neighboring partial areas with different yarns when weft-knitting or warp-knitting knitwear”; para 59) and extend continuously along at least one common course of the knit textile (“[]knitted in intarsia...technique”; para 59) in at least the midfoot region (the upper of Fig. 9 is “manufactured on a weft-knitting machine or a warp-knitting machine” (para 189) such that at least one common course is provided in at least the midfoot region), and wherein first yarns (“first yarn”; para 204) are present in the first area.
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Tamm does not expressly disclose and the first yarns are absent from the second area along the at least one common course.
However and in further view of Tamm: Tamm teaches first yarns are provided in first area (para 204), and second yarns (“second yarn”; para 204) are provided in second area.
Poegl teaches an upper (“shoe upper”; Abstract) appropriate for an article of footwear (“parts of footwear...or an entire piece of footwear...manufactured on knitting machines”; para 2) wherein a first area (“first section”; para 97) and a second area (“second section”; para 97) are integrally knit (“connected by knit stitches”; para 97) so as to “form[]...different zones in the knit element” (para 97) wherein “intarsia knits are executed in certain areas for functional...reasons” (para 275) within a “seamless construction, such that no sewing allowances are needed “ (para 275). As embodied in Fig. 18A, a first area 181 and a second area 182 are integrally knit and extend continuously (Fig. 18A) along at least one common course of a knit textile (a course formed by knitting according the “diagram” provided in “The upper part of...the[] figure”; para 334), and wherein first yarns B, C are present in the first area (“yarns B, C...in...area 181”; para 335; Fig. 18A) and absent from the second area (“Yarns B, C are not used in neighboring area[] 182”; para 334; Fig. 18A) along the at least one common course (para 35; Fig. 18A).
Poegl further teaches “Creating knit elements for uppers, complete uppers or paired uppers that include zones having yarns placed such that placement can be controlled down to a stitch increases functionality of the upper while potentially decreasing cost of the materials” (para 18).
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 article of Tamm such that the first yarns are present in the first area and absent from the second area along the at least one common course in order to increase upper functionality and/or decrease material cost, as suggested by Poegl (para 18).
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 article of Tamm such that the first yarns are present in the first area and absent from the second area along the at least one common course in order in order to yield the predictable result of an article comprising a footwear upper whose first and second areas afford the different capabilities of first and second areas (paras 205-206 of Tamm) via the properties and characteristics of the first yarns in the first area and the properties and characteristics of the other yarn(s) in the second area. One of ordinary skill would have been confronted with one or more decision(s) as to how to arrange the first and second areas and would have recognized that the arrangement wherein first area and second area are integrally knit and extend continuously along at least one common course of the knit textile in at least the midfoot region, and wherein first yarns are present in the first area and absent from the second area along the at least one common course would be an arrangement that is expected to have a reasonable expectation of success at providing different areas with different functionalities based on the teachings of Poegl.
Tamm does not expressly disclose wherein the second thickness is less than the first thickness.
Podhajny teaches an article of footwear (“article of footwear”; Abstract) comprising an upper (“upper”) comprising a knit textile (“knitted component”; Abstract) “formed of unitary knit construction” (para 5) wherein a second thickness 499 of a second area 495 is less than a first thickness 498 of a first area 494: “portion 492 comprises a first knit portion 494 having a first thickness 498 and a second knit portion 495 having a second thickness 499. In some embodiments, first thickness 498 is substantially greater than second thickness 499” (para 169; Fig. 39).
Podhajny further teaches “portion 492 may comprise a substantially continuous knit portion. In such embodiments, differences in thickness between first knit portion 494 and second knit portion 495 may be achieved by varying the knit configuration....different yarns may be used to achieve differences in thickness” (para 169).
Podhajny further teaches “the increased thickness of first knit portion 494 may help increase cushioning and comfort” (para 168).
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 Tamm such that the second thickness is less than the first thickness in order to increase cushioning and/or comfort in the first area, as suggested by Podhajny (para 168).
Regarding claim 16:
Tamm in view of Poegl and Podhajny teach The article of footwear of claim 15, as set forth above.
Tamm further discloses wherein the second area is joined to the second area through intarsia knitting (“[]knitted in intarsia...technique”; “Intarsia...technique allow it in a simple manner to manufacture neighboring partial areas with different yarns when weft-knitting or warp-knitting knitwear”; para 59).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984] and [Poegl, US 2022/0074091] and [Podhajny, US 2014/0068968] as applied to claim 15 above, and further in view of [Berrian, US 2020/0046074, newly cited].
Regarding claim 17:
Tamm in view of Poegl and Podhajny teach The article of footwear of claim 15, as set forth above.
Tamm does not expressly disclose wherein a translucency of the second area is greater than a translucency of the first area.
Berrian teaches a footwear upper 102 comprising a knitted component 132 wherein “The knitted component 132 may also provide desirable aesthetic characteristics by incorporating yarns having...various degrees of transparency or translucency or other visual properties arranged in a particular pattern” (para 26) wherein a yarn 144 “may be translucent or at least partially transparent in some embodiments. This may allow one or more images, elements, symbols, logos or other objects that are behind portions of the knitted component 132 formed from the first yarn 144, (such as images or elements that are adjacent to the inner surface or first side 130 of the upper 102 and/or within the void 118 formed by the upper 102, to be visible from the second side 138 or exterior of the upper 102. This may enhance the visual properties and/or aesthetic appearance of the upper 102, for example” (para 40).
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 Tamm such that a translucency of the second area is greater than a translucency of the first area in order to permit one or more images, elements, symbols, logos or other objects that are behind portions of the upper to be visible from the exterior of the upper in the pattern defined by the combined first and second areas to enhance the visual properties and/or aesthetic appearance of the article, as suggested by Berrian (paras 26 and 40).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984] and [Poegl, US 2022/0074091] and [Podhajny, US 2014/0068968] as applied to claim 15 above, and further in view of [Frazier, US 2021/0030117, previously cited].
Regarding claim 18:
Tamm in view of Poegl and Podhajny teach The article of footwear of claim 15, as set forth above.
Tamm does not expressly disclose wherein the first area comprises a thermoformed network of yarns comprising a thermoplastic elastomer that is softened and solidified.
In further view of Tamm:
Tamm teaches providing a thermoformed network of yarns comprising a thermoplastic that is softened and solidified (para 211) within the first area (para 211) for “reinforcing” the knit textile (para 211).
Tamm is silent as to whether the thermoplastic is a thermoplastic elastomer.
However, Frazier teaches a thermoformed network of yarns (para 88) comprising a thermoplastic elastomer (para 95) that is softened and solidified (para 88) further wherein the thermoplastic elastomer forms a film at least partially covering an outer-facing surface of an article of footwear (“define...externally-facing surface of the...footwear...is a component of an upper for...footwear”; para 95).
Frazier further teaches “The thermoformed film component can be used to provide abrasion resistance or traction or both to at least a portion of the article of footwear” (para 95).
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 Tamm such that the first area comprises a thermoformed network of yarns comprising a thermoplastic elastomer that is softened and solidified; wherein the thermoplastic elastomer forms a film at least partially covering the outer-facing surface of the knit textile in the first area in order to reinforce (as taught by Tamm) and provide abrasion resistance and/or traction (as taught by Frazier) to the first area.
Regarding claim 19:
Tamm in view of Poegl and Frazier teach The article of footwear of claim 18, as set forth above.
The modified Tamm further meets the limitation wherein the thermoplastic elastomer forms a film at least partially covering the outer-facing surface of the knit textile in the first area (see above treatment of claim 18 where the limitation is addressed).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Tamm, US 2014/0310984], [Poegl, US 2022/0074091], [Podhajny, US 2014/0068968], and [Frazier, US 2021/0030177] as applied to claim 19 above, and further in view of [Zavala, US 2017/0258169, previously cited; hereinafter Zavala ‘169] and [Minami, US 2008/0127524, previously cited].
Regarding claim 20:
Tamm in view of Poegl, Podhajny, and Frazier teaches The article of footwear of claim 19, as set forth above.
Tamm does not expressly disclose wherein the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction.
Zavala ‘169 teaches providing an outer surface of a knit textile with aesthetic and functional characteristics including increased friction (emphasis provided by Examiner): “loops exposed on the outer surface of the knit element 240 (e.g., the loops formed on the front needle bed 562 of FIG. 5) may form a textured surface of the knit element 240 that produce a desirable visual effect on the outer surface of the upper 220. It is contemplated that these loops may be formed of multiple yarns with a variety of colors. Each color may be specifically located to thereby form an aesthetically pleasing pattern. Further, these loops exposed on the outer surface of the knit element 240 may provide the upper 220 with desirable functional characteristics (e.g., increased friction when gripping or contacting another object, such as a ball)”; para 58.
Thus Zavala ‘169 at least teaches providing a knit textile outer surface with increased friction. However, Zavala is silent as to relative friction between two areas.
Minami teaches an upper 102 wherein said upper is provided with an increased coefficient of friction at portions thereof (i.e. provided with “gripping members” which are “made of a material with a higher coefficient of friction than upper 102”; para 54). Minami further teaches a “gripping region 576 may be disposed on side portion 582 of upper 502” (para 79) whereby “if a wearer wishes to curl the ball for a pass or a curved shot, the wearer may kick a ball with side portion 582 where...gripping region 576 is disposed” (para 81).
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 Tamm such that the outer-facing surface of the knit textile has a first coefficient of friction in at least the first area and has a second coefficient of friction in at least the second area, the first coefficient of friction being greater than the second coefficient of friction in order to permit a wearer to kick a ball with a high-friction-side portion of the first area for the purpose of permitting a wearer to curl a ball for a pass and/or a curved shot, as taught by Minami (para 81).
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.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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