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
In accordance with Applicant’s amendment filed 4/29/2026, claims 1-2, 4, 13, 19-23 are amended. Claim 3 is canceled. Claim 24 is new. Therefore, claims 1-2, 4-15, 17, 19, and 21-24 are currently pending and presented for examination on the merits.
Applicant’s amendment has overcome the previously presented objections to the claims.
Applicant’s amendment has overcome the previously presented rejections under 35 USC 112(b).
Applicant’s amendment has overcome the previously presented rejections under 35 USC 102(a)(1) and 35 USC 103, but a new ground of rejection under 35 USC 103 is presented for some claims as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed 4/29/2026 with respect to claim(s) 21 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. In light of Applicant’s amendment, which has introduced new limitations that have altered the scope of the claims, the search has been updated and new prior art has been identified and applied, as described in the rejections below.
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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bailey (US 2018/0332925) in view of Conway (US 2018/0255871).
Regarding claim 21, Bailey discloses: An article of footwear (14) comprising: a sole structure (12) having a cushioning component (10), the cushioning component including: a bladder (23) including a first barrier sheet (16) and a second barrier sheet (18) defining an interior cavity (22) between opposing inner surfaces of the first barrier sheet and the second barrier sheet, the first barrier sheet and the second barrier sheet sealed to one another along a peripheral bond (20) to enclose the interior cavity and retain a gas in the interior cavity (“when the sheets 16, 18 are bonded together at the peripheral bond 20 and any inflation port 82 is sealed, the first polymeric sheet 16 and the second polymeric sheet 18 retain a fluid in the interior cavity 22. As used herein, a ‘fluid’ filling the interior cavity 22 may be a gas” paragraph 52); and a core (30) disposed in the interior cavity and spaced entirely inward of the peripheral bond (see figure 3 showing the core being spaced inward of the peripheral bond), the core including at least one sheet (32, 34) traversing the interior cavity between and directly bonded to the opposing inner surfaces of the first barrier sheet and the second barrier sheet at a plurality of bonds (see annotated figure 1 below showing the plurality of bonds) to tether the first barrier sheet to the second barrier sheet (“The first tensile layer 32 is bonded to an inner surface 42 of the first polymeric sheet 16 at the inwardly protruding bonds 50. The second tensile layer 34 is bonded to an inner surface 46 of the second polymeric sheet 18 at inwardly protruding bonds 50 as best shown in FIG. 3” paragraph 55; see figure 3 showing the bonds), the at least one sheet displaced from the opposing inner surfaces by the gas at unbonded areas of the at least one polymeric sheet (“due to the pressure of the gas in the interior cavity 22, a portion 16A of the first polymeric sheet 16 that is not bonded to the first tensile layer 32 (i.e., unbonded) […] is displaced from the first tensile layer 32 (i.e., lifted away from the first tensile layer) such that the portion 16A of the first polymeric sheet 16 has a domed surface 49A extending away from the first tensile layer 32” paragraph 61; see figure 3 showing the space between the polymeric sheets and the tensile layers at the unbonded areas); wherein the plurality of bonds comprises a bond extending continuously from a medial edge of the core to a lateral edge of the core (see annotated figure 1 below showing the bonds extend continuously from a medial edge to a lateral edge of the core); wherein the bond comprises a nonlinear center axis (see annotated figure 1 below); wherein the nonlinear center axis comprises a plurality of sequential linear segments having varied orientations (see annotated figure 1 below); and wherein the plurality of bonds are configured such that the gas in the interior cavity is in fluid communication around the at least one polymeric sheet without the at least one polymeric sheet creating any sealed chambers within the bladder that are not in fluid communication with the interior cavity (“gas in the interior cavity 22 can thus fluidly communicate across any of the inwardly protruding bonds 50 (i.e., between a bond 50 on the first polymeric sheet 16 and a corresponding bond 50 on the second polymeric sheet 18)” paragraph 67; see also paragraph 68 describing how gas can flow freely within and be displaced throughout the bladder).
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Bailey teaches that the barrier sheets (16, 18) are thermoplastic polyurethane sheets (see paragraph 53) but is silent as to the specific material used for the tensile layers (32, 34) and therefore does not explicitly disclose that the core comprises at least one polymeric sheet.
However, Conway teaches a core (36) for a fluid-filled chamber comprising at least one polymeric sheet (“the first melded portion 46, the second melded portion 48, and the one or more third melded portion(s) 54 may result from at least two of: (1) the first barrier sheet 32; (2) the second barrier sheet 34; and (3) at least one of the components of the tensile member 36 (i.e., the first tensile layer 40, the second tensile layer 42, and the plurality of tensile elements 44) being formed from the same material, a similar material, or a species of material corresponding to a genus material. In an example, the same material or the similar material may be a thermoplastic polyurethane (TPU) polymer” paragraph 112).
Conway teaches analogous art to the instant application in the field of footwear with cushioning components. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the tensile layers of Bailey specifically out of thermoplastic polyurethane polymer, which is the same material as the barrier sheets (see paragraph 53 of Bailey describing the material of the barrier sheets), as taught by Conway, since 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. In re Leshin, 125 USPQ 416. See MPEP 2144.07. Further, making the tensile layers specifically the same material as the barrier sheets of the bladder (in this case, thermoplastic polyurethane) would result in improved bonding between the core and barrier sheets of the bladder and simpler manufacturing because all of the layers to be bonded would have the same melting temperature (see Conway, paragraphs 112-113).
Regarding claim 22, Bailey as modified discloses: The article of footwear of claim 21, wherein adjacent linear segments of the plurality of sequential linear segments comprise axes that form an obtuse angle (see annotated figure 1 of Bailey provided with the 35 USC 103 rejection of claim 21 above showing that adjacent linear segments comprise axes that form obtuse angles).
Regarding claim 23, Bailey as modified discloses: The article of footwear of claim 21, wherein the at least one bond has peaks and valleys extending in the fore-aft direction of the core and alternating along the nonlinear center axis (see annotated figure 1 of Bailey provided with the 35 USC 103 rejection of claim 21 above showing the peaks and valleys).
Regarding claim 24, Bailey discloses: An article of footwear (14) comprising: a sole structure (12) having a cushioning component (10), the cushioning component including: a bladder (23) including a first barrier sheet (16) and a second barrier sheet (18) defining an interior cavity (22) between opposing inner surfaces of the first barrier sheet and the second barrier sheet, the first barrier sheet and the second barrier sheet sealed to one another along a peripheral bond (20) to enclose the interior cavity and retain a gas in the interior cavity (“when the sheets 16, 18 are bonded together at the peripheral bond 20 and any inflation port 82 is sealed, the first polymeric sheet 16 and the second polymeric sheet 18 retain a fluid in the interior cavity 22. As used herein, a ‘fluid’ filling the interior cavity 22 may be a gas” paragraph 52); and a core (30) disposed in the interior cavity, the core including at least one sheet (32, 34) traversing the interior cavity between and directly bonded to the opposing inner surfaces of the first barrier sheet and the second barrier sheet at a plurality of bonds (see annotated figure 1 provided with the 35 USC 103 rejection of claim 21 above showing the plurality of bonds) to tether the first barrier sheet to the second barrier sheet (“The first tensile layer 32 is bonded to an inner surface 42 of the first polymeric sheet 16 at the inwardly protruding bonds 50. The second tensile layer 34 is bonded to an inner surface 46 of the second polymeric sheet 18 at inwardly protruding bonds 50 as best shown in FIG. 3” paragraph 55; see figure 3 showing the bonds), the plurality of bonds including a bond extending continuously from a medial end of the at least one bond adjacent to a medial edge of the core to a lateral end of the at least one bond adjacent to a lateral edge of the core (see annotated figure 1 provided with the 35 USC 103 rejection of claim 21 above showing the bonds extend continuously from a medial end to a lateral end); wherein the at least one bond comprises a nonlinear center axis extending from the medial end to the lateral end (see annotated figure 1 provided with the 35 USC 103 rejection of claim 21 above); and wherein the nonlinear center axis comprises sequential linear segments comprising respective axes with varied orientations (see annotated figure 1 provided with the 35 USC 103 rejection of claim 21 above).
Bailey teaches that the barrier sheets (16, 18) are thermoplastic polyurethane sheets (see paragraph 53) but is silent as to the specific material used for the tensile layers (32, 34) and therefore does not explicitly disclose that the core comprises at least one polymeric sheet.
However, Conway teaches a core (36) for a fluid-filled chamber comprising at least one polymeric sheet (“the first melded portion 46, the second melded portion 48, and the one or more third melded portion(s) 54 may result from at least two of: (1) the first barrier sheet 32; (2) the second barrier sheet 34; and (3) at least one of the components of the tensile member 36 (i.e., the first tensile layer 40, the second tensile layer 42, and the plurality of tensile elements 44) being formed from the same material, a similar material, or a species of material corresponding to a genus material. In an example, the same material or the similar material may be a thermoplastic polyurethane (TPU) polymer” paragraph 112).
Conway teaches analogous art to the instant application in the field of footwear with cushioning components. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the tensile layers of Bailey specifically out of thermoplastic polyurethane polymer, which is the same material as the barrier sheets (see paragraph 53 of Bailey describing the material of the barrier sheets), as taught by Conway, since 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. In re Leshin, 125 USPQ 416. See MPEP 2144.07. Further, making the tensile layers specifically the same material as the barrier sheets of the bladder (in this case, thermoplastic polyurethane) would result in improved bonding between the core and barrier sheets of the bladder and simpler manufacturing because all of the layers to be bonded would have the same melting temperature (see Conway, paragraphs 112-113).
Allowable Subject Matter
Claims 1-2, 4-15, 17, and 19 are allowed.
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 BRIANNA T DUCKWORTH whose telephone number is (571)272-1458. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/BRIANNA T. DUCKWORTH/Examiner, Art Unit 3732
/PATRICK J. LYNCH/
Primary Examiner, Art Unit 3732
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