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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barre (FR 2 633 810 A1) IDS 02/08/2026 with machine translation.
Regarding Claim 1, Barre anticipates an injection molding method (abs) which comprises providing a first mold (Figs, 8, 9 p. 7 3rd paragraph injection mold – 38 comprises a removable form – 39), a second mold, (Figs. 8, 9 p. 7 3rd paragraph two half-rings – 42 and 43), a third mold fixedly attached to the second mold (Figs. 8, 9 3rd paragraph mold base – 41 guided in vertical translation and connected to an actuation device), and a first component at least partially surrounding the third mold (Figs. 8, 9 3rd paragraph base – 41 delimits a footprint – 44 intended to receive a two-tone sole – 2);
engaging the first mold with the second mold to form a mold cavity defined by the first mold, the second mold, the third mold and the first component (Fig. 8 3rd paragraph half-rings – 42 and 43 have protruding rims – 46 and 47 applying in the closed position, against the rod – 1 covering the form – 39 ensuring the sealing the internal cavity – 48 of the mold);
injecting a flowable material into the mold cavity (Figs 8, 9 p. 7 last paragraph injection channel – 53 formed between half-rings – 42 and 43 into mold cavity – 48);
foaming the flowable material to form a second component (Figs. 1, 2 p. 5 1st p. 7 last paragraph – p. 8 first paragraph midsole – 3 is made of polyurethane foam where the delimiting surfaces of the cavity are formed in correspondence with the apparent band – 10 of the intermediate sole – 3; When the mold is closed the injected material expands the mass formed fills the cavity – 48)
disengaging the first mold from the second mold, detaching the first component and the second component from the third mold (Figs 8, 9 p. 8 1st paragraph after demolding by lowering the base – 41 and separating the half-rings – 42, 43); and
wherein during and after the disengagement and the detachment, the second component is attached to the first component (Figs 1, 2 p. 8 sole – 2 under the step -1 is secured and constitutes the midsole – 3 and after demolding the support – 40 pivots and the shoe thus made is removed from the form – 39).
Regarding Claim 2, Barre anticipates all the limitations of claim 1 and further anticipates that the flowable material is in contact with the first component during the foaming (Figs, 2, 9 p. 4 3rd paragraph upper lip of outsole ensures a seal between the bottom of the mold and the half-rings, so that the foam cannot seep in until the outsole rises)
Regarding Claim 3, Barre anticipates all the limitations of claim 1 and further anticipates that the second component is directly attached to the first component. (Figs. 1, 2 p. 5 2nd paragraph shoe comprises outsole – 2 connected by a midsole – 3 which is overmolded onto sole – 2).
Regarding Claim 4, Barre anticipates all the limitations of claim 1 and further anticipates that the third mold is attachable to and detachable from the second mold (Fig. 8 p.7 3rd paragraph mold base – 41 with two half-rings – 42 and 43 capable of being brought closer together or moved further apart, with shoulder – 49 and 50 intended to cooperate with the upper lip – 14 of the sole – 2).
Regarding Claim 5, Barre anticipates all the limitations of claim 1 and further anticipates that the first component is fixedly attached to the third mold before the detachment (Figs 8, 9 p. 7 3rd paragraph the base – 41 delimits a footprint – 44 intended to receive the two-tone sole – 2 and surrounded by a border – 45 intended to be capped by the upper lip – 14 of the sole – 2).
Regarding Claim 6, Barre anticipates all the limitations of claim 1 and further anticipates that the first component and the second component are attached to the third mold during and after the disengagement (Fig. 8 p. 4 3rd paragraph injection mold includes a movable bottom, a retractable shape and two opening half-rings which by closing on the form fitted with the stem and the bottom of the mold, delimit a cavity in which the injected and expanded material connects said outsole to the stem).
Regarding Claim 7, Barre anticipates all the limitations of claim 1 and further anticipates that disposing a third component within the first mold before the engagement (Figs. 1, 2 p. 5 3rd paragraph wear sole – 2 is vulcanized ant thus creating a third component from a vulcanization mold – 13forming an upper lip – 14 and intermediate lip – 15 within the first mold (form) – 39).
Regarding Claim 8, Barre anticipates an injection molding method (abs) which comprises engaging a first mold with a second mold to form a first mold cavity (Fig. 8 3rd paragraph half-rings – 42 and 43 have protruding rims – 46 and 47 applying in the closed position, against the rod – 1 covering the form – 39 ensuring the sealing the internal cavity – 48 of the mold); injecting a first flowable material into the first mold cavity (Figs 8, 9 p. 7 last paragraph injection channel – 53 formed between half-rings – 42 and 43 into mold cavity – 48);
foaming the first flowable material to form a first component inside the first mold cavity (Figs. 1, 2 p. 4 3rd paragraph vulcanized outsole is obtained and connected to the upper of the shoe by means of a foam midsole injected into a known injection mold);
disengaging the first mold from the second mold (Figs 9, 10 p. 8 2nd paragraph demolding by lowering the base – 41 and separating the half-rings – 42, 43 and the shoe is removed);
replacing the second mold with a third mold (Figs.3-5 p. 8 last paragraph p. 9 #3 where there is disclosed a method of vulcanization using a third mold – vulcanizing mold – 13);
engaging the first mold with the third mold to form a second mold cavity defined by the first mold, the third mold, a fourth mold fixedly attached to the third mold and a third component at least partially surrounding the fourth mold (Figs. 3-5 p.9 #3 mold has an impression – 25 forming a blank – 30 of the underling layer – 5 of the sole where the bottom of the mold – 18 (fourth mold) opening into underlying impression – 29 See Figs. 4 and 5)
injecting a second flowable material into the second mold cavity (Fig. 3; p 8 #1 overmolding an insole – 3 with a plastic material injected between where features (lips) are formed with two roughs – 4, 5 pressed against each other with the material of the layer above – 4)
foaming the second flowable material to form a second component inside the second mold cavity (p. 3 2nd paragraph p. 2 2nd paragraph p. 5 2nd paragraph overmolding of the midsole – 3 of the material of the latter on the outside of the layer -4 of the wear sole – 2 at the interface – I of the layer – 4 after the final vulcanization in which the two blanks are pressed together and joined during finishing,
disengaging the first mold from the third mold (Fig.9, 10 p. 8 2nd paragraph after demolding by lowering the base – 41 and separating the half-rings– 42, 43, the support – 40 pivots and the shoe is removed form the form – 39); and
detaching the first component, the second component and the third component from the fourth mold
wherein during and after the disengagement of the first mold from the third mold, the first component is attached to the second component and the second component is attached to the third component (Fig 1 p. 8 2nd paragraph after removal the sole can have, in its rise, more than two layers of different colors whereby it is inherent that the first, second and third components are detached and the that the first, second and third components (sole, midsole and colored layers) are attached).
Regarding Claim 9, Barre anticipates all the limitations of claim 8 and further anticipates that wherein the second flowable material is in direct contact with the first component and the third component during the foaming. (Figs, 2, 9 p. 4 3rd paragraph p. 7 3rd paragraph upper lip of outsole ensures a seal between the bottom of the mold and the half-rings, so that the foam cannot seep in until the outsole rises, and this includes overmolding the insole)
Regarding Claim 10, Barre anticipates all the limitations of claim 8 and further anticipates that the third component is fixedly attached to the fourth mold before the engagement of the first mold with the third mold (pl. 3 1st paragraph p. 4 3rd paragraph the intermediate plate and the base define between them and imprint having the shape of the rough outline of the underlying layer of the sole prior to manufacturing of the sole where there is engagement of the first mold with the third mold, the vulcanized outsole thus obtained can be connected to the upper of the shoe by means of a foam midsole injected into a known injection mold).
Regarding Claim 11, Barre anticipates all the limitations of claim 8 and further anticipates that the first component is in the first mold during the replacement of the second mold with the third mold and the engagement of the first mold with the third mold (Figs.3-5 p. 8 last paragraph p. 9 #3 where there is disclosed a method of vulcanization using a third mold – vulcanizing mold – 13).
Regarding Claim 12, Barre anticipates all the limitations of claim 8 and further anticipates that during the disengagement of the first mold with the second mold, an external force is applied to the first component to retain the first component in the first mold (Fig. 8 3rd paragraph removable form – 39 mounted on a pivoting support – 40).
Regarding Claim 13, Barre anticipates all the limitations of claim 12 and further anticipates that the external force is provided by pressing the first component toward the first mold (Fig. 8 3rd paragraph mold base – 41 guided in vertical translation and connected to an actuation device).
Regarding Claims 14, 15 and 16, Barre anticipates all the limitations of claims 13 and 12, respectively, but does not disclose wherein the first component is pressed toward the first mold by a pin extendable from the second mold nor that the external force is provided by injecting a gas toward the first component and the first mold.
However, it is well settled that the manner or method in which a machine is to be utilized is not germane to the issue of patentability of the machine itself, In re Casey 152 USPQ 235.
Regarding Claim 17, Barre anticipates all the limitations of claim 8 and further anticipates that during the disengagement of the first mold with the second mold, the first component is retained in the first mold by a friction between an engraved surface of the first mold and an engraved surface of the first component complementary with the engraved surface of the first mold (Figs.4, 5 p.7 2nd paragraph protrusion 28p fits to the operating clearance almost perfectly in the cavity – 22c of the matrix – 22 in order to limit the infiltration of material from the underlying layer – 5).
Regarding Claim 18, Barre anticipates all the limitations of claim 17 and further anticipates that the engraved surface of the first mold is in contact with the engraved surface of the first component during and after the disengagement of the first mold with the second mold (Figs. 4, 5 p. 7 2nd paragraph where the protrusion – 28p remains on the punch of the intercalated plate - 17 and the rib – 31 remains in the bottom – 18).
Regarding Claim 19, Barre anticipates all the limitations of claim 8 and further anticipates that the replacement of the second mold with the third mold includes moving the second mold away from the first mold and moving the third mold toward and over the first mold (Figs.3-5 p.6 last paragraph – p. 7 1st paragraph during the final vulcanization the sole is then demolded and the intermediate lip is removed p. 8 last paragraph p. 9 #3 where there is disclosed a method of vulcanization using a third mold – vulcanizing mold – 13).
Regarding Claim 20, Barre anticipates all the limitations of claim 8 and further anticipates that the first component, the second component and the third component are attached to the fourth mold during and after the disengagement of the first mold from the third mold (Fig 1 p. 8 2nd paragraph after removal the sole can have, in its rise, more than two layers of different colors whereby it is inherent that the first, second and third components are detached and the that the first, second and third components (sole, midsole and colored layers) are attached).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE K. SWIER whose telephone number is (571)272-4598. The examiner can normally be reached M-F generally 8:30 am - 5:30 pm PST.
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/WAYNE K. SWIER/ Examiner, Art Unit 1748 /JACOB T MINSKEY/Primary Examiner, Art Unit 1748
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