DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This is in response to Applicant’s amendment in which claims 1, 5, 7-14, and 16 have been amended, claims 3, 4, and 6 have been canceled, and claims 1-2, 5, and 7-20 remain pending.
Terminal Disclaimer
The terminal disclaimer filed on 03/30/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Numbers 9,095,188; 9,795,187; 10,568,386; 11,253,027; 11,918,075; and 12,262,789 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The 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) 14, 16, 17, 19, and 20 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Keen et al. (US 7,631,440), herein Keen.
Regarding claim 14, Keen discloses an article of footwear (600), comprising: an upper (608); a sole structure (602) coupled to the upper; and a heel cup (heel portion of 604) comprising: a base portion (104b) disposed between the upper and the sole structure such that the base portion is sandwiched between the upper and the sole structure; a side lobe (medial rearmost finger 112) extending from the base portion, wherein the side lobe is at a heel portion of the article of footwear (Fig. 1C, 9A); and a fastener receiving portion (124) extending from the side lobe and configured to capture a fastener (118); wherein the fastener receiving portion includes an engaging portion (inner surface of 124) spaced apart from a surface (surface of receptacle 130) of the side lobe and configured to prevent the fastener from sliding off the fastener receiving portion (column 9, lines 42-45, 59-63); wherein the fastener fits between the engaging portion and the surface of the side lobe; wherein the fastener receiving portion is a medial fastener receiving portion (column 12, lines 59-61), the side lobe is a medial lobe, the heel cup further comprises a central lobe (114) and central fastener receiving portion (116) disposed at a distal end of the central lobe, and the central fastener receiving portion defines at least one guide channel sized to receive the fastener (column 7, line 62-column 8, line 6); and wherein a medial portion of the fastener extends outwardly from the at least one guide channel and toward the medial lobe (Fig. 1A); wherein the heel cup further comprises a lateral lobe (lateral rearmost finger 112) extending from the base portion, and a lateral fastener receiving portion (116) coupled to the lateral lobe that captures the fastener; and wherein, when the fastener is captured by the medial fastener receiving portion and the lateral fastener receiving portion and tightened, the fastener pulls the medial lobe back towards the central lobe and the lateral lobe back towards the central lobe (column 7, line 6-column 8, line 6; column 9, lines 21-66; column 12, lines 59-61; column 15, lines 1-17; Fig. 1A-1G, 9A-9C).
Regarding claim 16, Keen discloses that the medial fastener receiving portion and the lateral fastener receiving portion are mirror images of each other (wherein the medial and lateral fastener receiving portions are located symmetrically on either side of the footwear).
Regarding claim 17, Keen discloses that the medial lobe is spaced apart from the central lobe by a medial gap, the central fastener receiving portion includes a central fastener receiving body, the central fastener receiving body defines the at least one guide channel extending through the central fastener receiving body from a medial side of the central fastener receiving portion to a lateral side of the central fastener receiving portion, and the at least one guide channel receives the fastener (Fig. 1A, 1C, 1G).
Regarding claims 19 and 20, Keen discloses that the heel cup is a distinct and separate component from the upper and the sole structure (column 15, lines 16-17; Fig. 1B, 9A).
Allowable Subject Matter
Claims 1-2, 5, 7-13 are allowed.
Claims 15 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 14 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.
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 SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (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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/SHARON M PRANGE/ Primary Examiner, Art Unit 3732
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