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
The amendment filed on 07/24/2026 has been entered. Claims 21-24, 27-39 are currently pending in the application. Claims 33-37 have been previously withdrawn from further consideration. Claims 21-24, 27-32 and 38-39 are being treated on the merits.
Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 07/24/2026.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
In claim 38, there is no antecedent basis in the specification for "wherein the portion of the knit structure is at least one of a toe region of the knit structure and a heel region of the knit structure";
In claim 39, there is no antecedent basis in the specification for “a base yarn of the plain single jersey knit structure is knitted along consecutive needle positions of a wale of the knit structure and along consecutive rows of the knit structure.”
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 38 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 38 recites the limitation “wherein the portion of the knit structure is at least one of a toe region of the knit structure and a heel region of the knit structure”. However, the original disclosure fails to set forth the above feature. It is noted that the original disclosure does not provide where the lining yarns are positioned in the shoe upper. Therefore, claiming the limitation must be cancelled from the claim, since the claim appears to be new matter.
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 24 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 24 recites the limitation “wherein the elongated hollow knit structure comprises a knitted base yarn and at least one lining yarn of the lining yarns is floated across the knit structure and tucked at tuck stitches of the lining yarn in the base yarn to secure the at least one lining yarn in the knit structure.” Claim 24 depends from claim 21, and claim 21 has set forth the elongated hollow knit structure comprising the lining yarns and “wherein the elongated hollow knit structure is a plain single jersey knit structure.” As such, how can the elongated hollow knit structure comprise the lining yarns “tucked at tuck stitches of the lining yarn in the base yarn”? One of ordinary skill in the art understands that a plain single jersey fabric only has plain knit stitches. The claim appears to be conflicting with claim 21.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-24, 30-32 and 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Iuchi (US 2016/0174660 A1).
Regarding claim 21, Iuchi discloses a shoe upper (sock-shaped upper 21; fig. 6; para. 0035) knitted on a circular knitting machine (para. 0035), comprising:
an elongated hollow knit structure (as being sock-shaped; fig. 6; para. 0035), comprising:
a first zone (fiber reinforcement portion 25; fig. 6; para. 0035) comprising a first predetermined property (inherent feature);
a second zone (base knit portion 22; fig. 6; para. 0035) comprising a second predetermined property (inherent feature); and
lining yarns (a plurality of float stitch yarns 20 being provided on an inner side of the shoe; figs. 4-5; paras. 0027-0028) extending across a portion of the knit structure (figs. 4-6) and are secured to the knit structure at intervals (integrated with a base knitting fabric between float stitches across 1 to 10 loops, i.e., at intervals; see annotated fig. 4; paras. 0027-0028).
wherein the lining yarns form a raised section on one side of the knit structure (forming raised sections on the inner side of the knit structure, as sections of floating stitch yarns 20 being positioned outside of other yarns at the inner side of the shoe; see fig. 4; para. 0027), and
wherein the lining yarns extend over an interior layer of the knit structure between the intervals (at the inner side of the shoe; fig. 4; para. 0027).
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Annotated Fig. 4 of US 2016/0174660 A1
Iuchi does not explicitly disclose wherein the elongated hollow knit structure is a plain single jersey knit structure. However, Iuchi does disclose wherein the base knitted fabric of the elongated hollow knit structure may be formed by plain jersey stitches (the base knitted fabric may be formed of any one of a tuck stitch, a back tuck stitch or a jersey stitch; para. 0027). As Iuchi does not disclose or indicate that the elongated hollow knit structure has a double jersey knit structure, one of ordinary skill of the art would recognize that the elongated hollow knit structure of Iuchi may comprise a single jersey knit structure, which is the most commonly used knit structure in the knitting art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the elongated hollow knit structure as disclosed by Iuchi, with wherein the elongated hollow knit structure is a plain single jersey knit structure, in order to use a most commonly used knit structure for the base knitted fabric as an easy approach. Such a configuration is within the level of one of ordinary skill of the art.
Regarding claim 22, Iuchi discloses the shoe upper of claim 21, and further discloses wherein the lining yarns are secured to the knit structure at regular intervals (floating over two loops of plain stitch 41 and the double back yarn tuck stitch 42; fig. 5; para. 0028).
Regarding claim 23, Iuchi discloses the shoe upper of claim 21, and further discloses wherein the lining yarns are secured to the textile at irregular intervals (float stitch yarns 20 floats 1 to 10 loops to create a stitch; para. 0027).
Regarding claim 24, Iuchi discloses the shoe upper of claim 21, and further discloses wherein the elongated hollow knit structure comprises a knitted base yarn (para. 0027) and at least one lining yarn (float stitch yarns 20; fig. 4; para. 0027) of the lining yarns is floated across the knit structure and tucked at tuck stitches of the lining yarn (see annotated fig. 4; para. 0027) in the base yarn to secure the at least one lining yarn in the knit structure (see annotated fig. 4).
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Annotated Fig. 4 of US 2016/0174660 A1
Iuchi does not explicitly disclose wherein the elongated hollow knit structure is a single jersey knit structure. However, Iuchi does disclose wherein the base knitted fabric of the elongated hollow knit structure may be formed by jersey stitches (para. 0027). As Iuchi does not disclose or indicate that the elongated hollow knit structure has a double jersey knit structure, one of ordinary skill of the art would recognize that the elongated hollow knit structure of Iuchi comprises a single jersey knit structure, which is the most commonly used knit structure in the knitting art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the elongated hollow knit structure as disclosed by Iuchi, with wherein the elongated hollow knit structure is a single jersey knit structure, in order to use a most commonly used knit structure for the base knitted fabric as an easy approach. Such a configuration is within the level of one of ordinary skill of the art.
Regarding claim 30, Iuchi discloses the shoe upper of claim 21, and Iuchi further discloses wherein the elongated hollow knit structure comprises less than ten distinct ply types of yarn (the face yarn and the back yarn comprising polyester and polyurethane; para. 0027; Example 1; Applicant, in para. 0576 of the specification, has defined that "distinct ply type(s) of yarn" refers to a ply made from a specific material) comprising less than five distinct materials (as discussed above; para. 0027; Example 1).
Regarding claim 31, Iuchi discloses the shoe upper of claim 30, and Iuchi further discloses wherein the less than ten distinct ply types of yarn comprise a polyester yarn (as the face yarn; paras. 0027, 0047, 0050), a low-melt temperature yarn (the back yarn comprising a polyurethane yarn single covered with a PET yarn; paras. 0027, 0044, 0051), and an elastic yarn (the back yarn comprising a polyurethane yarn double covered with a PET yarn; paras. 0027, 0044, 0052).
Iuchi does not explicitly disclose wherein the less than ten distinct ply types of yarn comprise a blended yarn. However, Iuchi does disclose wherein the fiber yarn used for the elongated hollow knit structure includes an elastic yarn comprising at least one selected from a polyurethane-based elastic yarn and a polyester-based elastic yarn, the elastic yarn may be used as a bare yarn arranged in parallel with a non-elastic yarn, and fiber material of the elongated hollow knit structure may comprise non-elastic wool or cotton yarns (para. 0030). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the elongated hollow knit structure as disclosed by Iuchi, with wherein the less than ten distinct ply types of yarn further comprise an elastic bare yarn being arranged with a non-elastic cotton yarn, i.e., a blended yarn (Applicant has defined the term "blending" in para. 0314 of the specification), in order to include another suitable blended yarn in the elongated hollow knit structure for balancing the fitting properties and holding properties of the shoe upper (Iuchi; para. 0032).
Regarding claim 32, Iuchi discloses the shoe upper of claim 21, and further discloses wherein a base yarn (face yarn 18; fig. 4; para. 0027) of the knit structure follows a first path (see fig. 4; para. 0027) across the knit structure (see fig. 4; para. 0027), and wherein a first lining yarn (see annotated fig. 4; para. 0027) of the lining yarns follows a second path (see annotated fig. 4; para. 0027) across the knit structure different from the first path (see annotated fig. 4; para. 0027).
Regarding claim 38, Iuchi discloses the shoe upper of claim 21, and further discloses wherein the portion of the knit structure is at least one of a toe region of the knit structure and a heel region of the knit structure (figs. 3A-3B, 6; para. 0027).
Regarding claim 39, Iuchi discloses the shoe upper of claim 21, and further discloses wherein a base yarn of the plain single jersey knit structure is knitted along consecutive needle positions of a wale of the knit structure and along consecutive rows of the knit structure (as the elongated hollow structure being a plain single jersey knit structure; para. 0027).
Claims 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Iuchi (US 2016/0174660 A1) in view of Meir (US 2016/0302527 A1).
Regarding claim 27, Iuchi discloses the shoe upper of claim 21, except for wherein the elongated hollow knit structure comprises at least one monofilament yarn. However, Meir, in an analogous art, teaches a shoe upper (upper 104; figs. 1-2; para. 0047) comprising an elongated hollow knit structure (knitted component 130 for accommodating a foot; figs. 1-2; para. 0055) comprises at least one monofilament yarn (a yarn forming knitted component 130 may be a monofilament yarn; figs. 1-2; para. 0057). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the yarns of the elongated hollow knit structure as disclosed by Iuchi, with wherein the elongated hollow knit structure comprises at least one monofilament yarn as taught by Meir, in order to use a light-weight monofilament yarn with high tensile strength for forming a shoe upper with desired properties.
Regarding claim 28, Iuchi and Meir, in combination, disclose the shoe upper of claim 27, except for wherein the monofilament yarn is formed from polyurethane. However, Iuchi does disclose wherein the knit structure comprising a polyurethane-based elastic yarn. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the at least one monofilament yarn to be formed from polyurethane, in order to use a suitable yarn material for providing the shoe upper with desired elastic property.
Regarding claim 29, Iuchi and Meir, in combination, disclose the shoe upper of claim 27, except for wherein the monofilament yarn is formed from thermoplastic polyurethane. However, Iuchi does disclose wherein the knit structure comprises a polyurethane-based elastic yarn (para. 0030; Example 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the at least one monofilament yarn to be formed from thermoplastic polyurethane, in order to use a suitable yarn material for providing the shoe upper with desired elastic property. In addition, such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Further, Applicant's arguments filed on 07/24/2026 have been fully considered and addressed as follows.
Applicant's remarks: Applicant asserts that Iuchi does not disclose lining yarns forming a raised section on one side of the knit structure and extend over an interior of the knit structure as claimed, because Iuchi's knit structure includes an arrangement of base yarns 18, 19 to facilitate stretching of the knit structure, Iuchi's floating yarns are embedded in the stretchable knit structure and do not extend over an interior of the knit structure as claimed.
Examiner's response: Examiner respectfully disagrees. Applicant does not point out where Iuchi describes the floating yarns are embedded in the stretchable knit structure and do not extend over an interior of the knit structure in the cited Figs. 4-6, and Applicant’s arguments amount to a speculation. Actually, Iuchi, in Fig. 4, clearly depicts the position of floating portions (as solid black line segments) of float stitch yarns 20 being the external yarn portions extending over other yarn portions, therefore the floating portions forming raised sections on the external surface. Even if the fabric is stretched, one of ordinary skill in the art would understand that the floating portions of float stitch yarns 20, each having 1-10 loops long, will remain on the external side, instead of moving into the base knitted fabric and being embedded in the base knitted fabric. In addition, Iuchi states that the float stitch yarns are arranged on the inner side of the shoe; i.e., extending on an interior of the elongated hollow knit structure, for the sake of improving appearance in design and ensuring safety (para. 0027). Therefore, Applicant’s arguments are not found persuasive.
Applicant's remarks: Applicant asserts that Iuchi is not a plain single jersey knit structure as claimed.
Examiner's response: Examiner respectfully disagrees. Even if Fig. 4, as an example, does not show a plain single jersey knit structure, Iuchi clearly states “[t]he base knitted fabric may be formed of any one of a tuck stitch, a back tuck stitch or a jersey stitch, or a combination of these”. Therefore, the base knitted fabric can be formed of jersey stitches and have plain single jersey knit structure. Therefore, Applicant’s argument is not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached on (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
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