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 .
Priority
This application repeats a substantial portion of prior Application No. 17/903582, filed 09/06/2022, and adds disclosure not presented in the prior application. This includes paragraphs [0012], [0014], [0017], [0021]-[0023], and [0028], as well as Claims 3, 5, 8, 12, 13, and 14 of the instant specification.
Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Specification
The use of the term PEBAX, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 112
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 8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 contains the trademark/trade name PEBAX. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe polyether block amide (a specific type of thermoplastic elastomer) and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2, 7, 9, AND 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 2011/0214314) in view of a second embodiment of Baker, hereinafter referred to as Baker2.
Regarding Claim 1, Baker et al. teaches an article of footwear (400) defining a forefoot region (12), a midfoot region (14), and a heel region (16), the article of footwear comprising: an upper (see annotated Fig.); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (annotated fig. 4 shows the sole structure defining a ground engaging surface and being coupled to the upper), the sole structure including: a rigid plate (see annotated Fig.) including a first segment (see annotated Fig.) positioned below the upper (annotated fig. 6 shows the first segment of the rigid plate (see annotated Fig.) positioned below the upper), and a second segment (420-430, 440-450) that extends outward from the first segment and curves to extend along a lateral surface of the cushion member such that the second segment defines a first portion of an outermost lateral surface of the sole structure (annotated fig. 6 shows the second segment extending out from the first segment and curving to extend along and form a first portion of an outermost lateral surface of the sole structure).
Baker et al. does not teach a cushion member defining a bottom surface that forms a first portion of the ground engaging surface and the first segment being positioned between the upper and the bottom surface of the cushion member.
Attention is drawn to a second embodiment of Baker, Baker2, which teaches an analogous article of footwear. Baker2 teaches an article of footwear (see fig. 13), the article of footwear comprising: an upper (see annotated Fig.); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (annotated fig. 13 shows the sole structure defining a ground engaging surface and being coupled to the upper), the sole structure including: a cushion member (1310) defining a bottom surface that forms a first portion of the ground engaging surface (fig. 13 shows the cushion member (1310) defining a bottom surface that formed a first portion of the ground engaging surface), and a rigid plate (1300) including a first segment (see annotated Fig.) positioned between the upper and the bottom surface of the cushion member (annotated fig. 13 shows the first segment of the rigid plate (1300) positioned between the upper and the bottom surface of the cushion member (1310), and a second segment (1302, 1304) that extends outward from the first segment and curves to extend along a lateral surface of the cushion member such that the second segment defines a first portion (see annotated Fig.) of an outermost lateral surface of the sole structure (annotated fig. 13 shows the second segment (1302, 1304) extending out from the first segment and curving to extend along and form a first portion of an outermost lateral surface of the sole structure).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baker et al. to include the teachings of Baker2 such that the sole structure includes a cushion member defining a bottom surface that forms a first portion of the ground engaging surface and that the first segment being positioned between the upper and the bottom surface of the cushion member so as to give the wearer additional soft cushioning, increasing their comfort during use.
Regarding Claim 2, Baker et al. teaches all of the limitations of the article of footwear of Claim 1, as discussed in the rejections above. Baker et al. further teaches wherein the first segment (see annotated Fig.) extends continuously from the forefoot region to the heel region (annotated fig. 5 shows the first segment extending continuously from the forefoot (12) to the heel (16) region).
Regarding Claim 7, Baker et al. teaches all of the limitations of the article of footwear of Claim 3, as discussed in the rejections above. Baker et al. further teaches wherein the first portion (see annotated Fig.) of the outermost lateral surface is within the forefoot region (12) (annotated fig. 4 shows the first portion of the outermost lateral surface being within the forefoot region).
Regarding Claim 9, Baker et al. teaches all of the limitations of the article of footwear of Claim 7, as discussed in the rejections above. Modified Baker et al. further teaches wherein the second segment (see annotated Fig.) defines a second portion (see annotated Fig.) of the outermost lateral surface within the midfoot region (14), the first portion spaced apart from the second portion such that the cushion member defines the lateral outermost surface between the first portion and the second portion (fig. 4 shows the second portion in the midfoot region and spaced from the first portion. Baker does not teach wherein the cushion member defines the lateral outermost surface between the first portion and the second portion, however when Baker is modified in the manner as set forth in Claim 1 above modified Baker would clearly teach the cushion member defining the lateral outermost surface between the first and second portions).
Regarding Claim 10, Baker et al. teaches all of the limitations of the article of footwear of Claim 8, as discussed in the rejections above. Baker et al. further teaches wherein the second segment (see annotated Fig.) extends outward from the first segment (see annotated Fig.) and curves to extend along a medial surface of the cushion member such that the second segment defines a third portion (see annotated Fig.) of an outermost medial surface of the sole structure (annotated fig. 4 shows the second segment curving along a medial side of sole structure and defining a third portion of an outermost medial side of the sole, wherein when Baker et al. is modified as set forth in Claim 1 above the second segment would also clearly be extending along a medial surface of the cushion member).
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Claim(s) 3, 4, and 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 2011/0214314) in view of a second embodiment of Baker, hereinafter referred to as Baker2 and Seo (US 8635785).
Regarding Claim 3, Baker et al. teaches all of the limitations of the article of footwear of Claim 1, as discussed in the rejections above. Baker et al. further teaches wherein the second segment (see annotated Fig.) has a base (see annotated Fig.) at the first segment and extends from the base to define a distal end (annotated fig. 6 shows the second segment having a base at the first segment and extending to a distal end),
Baker et al. does not teach wherein the cushion member is directly coupled to the base of the second segment and directly coupled to the distal end of the second segment.
Attention is drawn to Seo which teaches an analogous article of footwear. Seo teaches an article of footwear (1) defining a forefoot region, a midfoot region, and a heel region, (annotated fig. 1 shows the footwear having a forefoot, a midfoot, and a heel region) the article of footwear comprising: an upper (see annotated Fig.) (annotated fig. 2 shows the footwear having an upper); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (fig. 1 shows the sole being coupled to the upper and defining a ground engaging surface of the article of footwear), the sole structure including: a cushion member (5) defining a bottom surface (fig. 4 shows the cushion member (5) defining a bottom surface), and a rigid plate (6) having a first segment (7) positioned between the bottom surface of the cushion member and the upper (figs. 6 and 7 show the first segment (7) configured to be disposed between the bottom surface of the cushion member and the upper), and a second (8a) segment that extends outward from the first segment and curves to extend along a lateral surface of the cushion member such that the second segment defines a first portion of an outermost lateral surface of the sole structure (figs. 6 and 7 show the second segment (8a) extending outward from the first segment and curving to extend along a lateral surface of the cushion member to define a first portion of an outermost lateral surface of the sole structure), Seo further teaches wherein the second segment has a base (see annotated Fig.) at the first segment and extends from the base to define a distal end (see annotated Fig.) , and wherein the cushion member is directly coupled to the base of the second segment and directly coupled to the distal end of the second segment (annotated figs. 6 and 7 show the second segment extending between the base and distal end, both being directly coupled to the cushion member).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baker et al. to include the teachings of Seo such that the cushion member is directly coupled to the base of the second segment and directly coupled to the distal end of the second segment so as to limit the extent to which the cushion member can expand, therein ensuring that the cushion member provides sufficient support for the wearer.
Regarding Claim 4, Baker et al. teaches all of the limitations of the article of footwear of Claim 3, as discussed in the rejections above. Baker et al. further teaches wherein the first portion (see annotated Fig.) of the outermost lateral surface is within the heel region (annotated fig. 5 shows the first portion of the outermost lateral surface being disposed within the heel region).
Regarding Claim 13, Baker et al. teaches an article of footwear (400) defining a forefoot region (12), a midfoot region (14), and a heel region (16), the article of footwear comprising: an upper (see annotated Fig.); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (annotated fig. 4 shows the sole structure defining a ground engaging surface and being coupled to the upper), the sole structure including: a rigid plate (see annotated Fig.) having a set of claws (420-430, 440-450), each claw of the set of claws extending from a first end that is positioned below the upper (fig. 6 shows the first end disposed below the upper), and each claw of the set of claws curving between the first end and the second end to extend along a lateral side such that each claw defines a portion of one of an outermost lateral surface and an outermost medial surface of the sole structure between the first end and the second end (figs. 4-6 show each claw curving between the first and second ends to extend along a lateral side of the footwear to define a portion of an outermost lateral or medial surface of the sole structure).
Baker et al. does not teach a cushion member defining a bottom surface and wherein the first end of each claw that is positioned between the upper and the bottom surface of the cushion member to a second end, and each claw of the set of claws extends along a lateral surface of the cushion member, wherein the first end is directly coupled to the cushion member and the second end is directly coupled to the cushion member.
Attention is drawn to a second embodiment of Baker, Baker2, which teaches an analogous article of footwear. Baker2 teaches an article of footwear (see fig. 13), the article of footwear comprising: an upper (see annotated Fig.); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (annotated fig. 13 shows the sole structure defining a ground engaging surface and being coupled to the upper), the sole structure including: a cushion member (1310) defining a bottom surface that forms a first portion of the ground engaging surface (fig. 13 shows the cushion member (1310) defining a bottom surface that formed a first portion of the ground engaging surface) and a rigid plate (1300) having a set of claws (1302, 1204), each claw of the set of claws extending from a first end (see annotated Fig.) that is positioned between the upper and the bottom surface of the cushion member to a second end (annotated fig. 13 shows the first end positioned between the upper and the bottom surface of the cushioning member (1310)), and each claw of the set of claws curving between the first end and the second end to extend along a lateral surface of the cushion member such that each claw defines a portion of one of an outermost lateral surface and an outermost medial surface of the sole structure between the first end and the second end (fig. 13 shows the claws curving between the first and second ends to extend along a medial and lateral surface of the cushion member, each claw defining a portion of the outermost lateral and medial surfaces between the first and second ends), wherein the first end is directly coupled to the cushion member (fig. 13 shows the first end directly coupled to the cushion member.
Attention is drawn to Seo which teaches an analogous article of footwear. Seo teaches an article of footwear (1) defining a forefoot region, a midfoot region, and a heel region, (annotated fig. 1 shows the footwear having a forefoot, a midfoot, and a heel region) the article of footwear comprising: an upper (see annotated Fig.) (annotated fig. 2 shows the footwear having an upper); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (fig. 1 shows the sole being coupled to the upper and defining a ground engaging surface of the article of footwear), the sole structure including: a cushion member (5) defining a bottom surface (fig. 4 shows the cushion member (5) defining a bottom surface), and a rigid plate (6) having a set of claws (8a), each claw of the set of claws extending from a first end that is positioned between the upper and the bottom surface of the cushion member to a second end (figs. 6 and 7 show the each claw (8a) extending from a first end between the upper and the bottom surface of the cushion member to a second end), and each claw of the set of claws curving between the first end and the second end to extend along a lateral surface of the cushion member such that each claw defines a portion of one of an outermost lateral surface and an outermost medial surface of the sole structure between the first end and the second end (figs. 6 and 7 show each claw curving between the first and second ends to extend along a lateral surface of the cushion member and define a portion of the outermost lateral and medial surfaces of the sole between the first and second ends), wherein the first end is directly coupled to the cushion member and the second end is directly coupled to the cushion member (annotated figs. 6 and 7 show the first and second ends being directly coupled to the cushion member).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baker et al. to include the teachings of Baker2 and Seo such that the sole structure includes a cushion member defining a bottom surface and wherein the first end of each claw that is positioned between the upper and the bottom surface of the cushion member to a second end, and each claw of the set of claws extends along a lateral surface of the cushion member, wherein the first end is directly coupled to the cushion member and the second end is directly coupled to the cushion member so as to provide additional cushioning and shock absorption for the wearer while ensuring adequate support by utilizing the claws to limit the cushion members ability to expand.
Regarding Claim 14, Baker et al. teaches all of the limitations of the article of footwear of Claim 13, as discussed in the rejections above. Baker et al. further teaches wherein the set of claws includes only a single claw (see annotated Fig.) that is positioned in the heel region and on a lateral side of the sole structure such that the single claw defines a first portion of the outermost lateral surface in the heel region (annotated fig. 5 shows a single claw in the heel region on a lateral side defining a first portion of the outermost lateral surface in the heel region).
Regarding Claim 15, Baker et al. teaches all of the limitations of the article of footwear of Claim 13, as discussed in the rejections above. Baker et al. further teaches wherein the set of claws includes a first claw (see annotated Fig.) that is positioned in the forefoot region (12) and on a lateral side of the sole structure such that the first claw defines a first portion of the outermost lateral surface in the forefoot region (fig. 5 shows the first claw in the forefoot region (12) on a lateral side defining a first portion of the outermost lateral surface in the forefoot region (12)).
Regarding Claim 16, Baker et al. teaches all of the limitations of the article of footwear of Claim 15, as discussed in the rejections above. Baker et al. further teaches wherein the set of claws includes a second claw (see annotated Fig.) that is positioned between the first claw and the heel region, the second claw defining one of a second portion of the outermost lateral surface and a first portion of the outermost medial surface (annotated fig. 5 shows the second claw positioned between the first claw and the heel region (16) and defining a second portion of the outermost lateral surface).
Regarding Claim 17, Baker et al. teaches all of the limitations of the article of footwear of Claim 16, as discussed in the rejections above. Baker et al. further teaches wherein the set of claws includes a third claw (see annotated Fig.) that is positioned between the first claw and the heel region such that the third claw defines the other of the second portion of the outermost lateral surface and the first portion of the outermost medial surface (annotated fig. 5 shows the third claw being positioned between the first claw and the heel region (16) and defining a first portion of the outermost medial surface).
Regarding Claim 18, Baker et al. teaches all of the limitations of the article of footwear of Claim 13, as discussed in the rejections above. Baker et al. further teaches wherein the set of claws includes: a first claw (see annotated Fig.) that is positioned in the midfoot region and on a lateral side of the sole structure such that the first claw defines a first portion of the outermost lateral surface in the forefoot region (annotated fig. 5 shows a first claw in the midfoot region on a lateral side defining a first portion of the outermost lateral surface in the forefoot region, as the first claw is disposed in both the midfoot and forefoot regions), and a second claw (see annotated Fig.) that is positioned on a medial side of the article of footwear and in an opposed configuration with the first claw such that the second claw defines a first portion of the outermost medial surface (annotated fig. 5 shows the second claw on the medial side opposing the first claw and defining a first portion of the outermost medial surface).
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Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 2011/0214314) in view of a second embodiment of Baker, hereinafter referred to as Baker2 and Seo (US 8635785) and Salminen et al. (US 2009/0019730).
Regarding Claim 19, Baker et al. teaches an article of footwear (400) defining a forefoot region (12), a midfoot region (14), and a heel region (16), the article of footwear comprising: an upper (see annotated Fig.); and a unitary plate (see annotated Fig.) having a first segment (see annotated Fig.) positioned below the upper (annotated fig. 6 shows the first segment of the unitary plate (see annotated Fig.) positioned below the upper), and a second segment (420-430, 440-450) formed as a set of claws that extend outward from the first segment (figs. 4-6 show the second segment forming a set of claws extending outward from the first segment), wherein each claw of the set of claws extends from a first end to a second end (figs. 4-6 show each claw extending from a first to a second end), and wherein the set of claws includes: a first claw (see annotated Fig.) that is positioned in the midfoot region and on a lateral side of the article of footwear such that the first claw defines a first portion of an outermost lateral surface in the forefoot region (annotated fig. 5 shows the first claw in the midfoot region on the lateral side defining a first portion of an outermost lateral surface in the forefoot region, as the first claw is positioned in both the midfoot and forefoot regions), and at least one of: a second claw (see annotated Fig.) that is positioned on a medial side of the article of footwear and in an opposed configuration with the first claw such that the second claw defines a first portion of an outermost medial surface (annotated fig. 5 shows the second claw opposing the first claw and defining a first portion of an outermost medial surface), and a third claw (see annotated Fig.) that is positioned in the forefoot region and on the lateral side of the article of footwear such that the third claw defines a second portion of the outermost lateral surface in the forefoot region (annotated fig. 3 shows a third claw positioned in the forefoot region on the lateral side and defining a second portion of the outermost lateral surface in the forefoot region).
Baker et al. does not teach a cushion member defining a bottom surface; the unitary plate being carbon fiber, the first segment positioned between the bottom surface of the cushion member and the upper, wherein the first end of the claw is directly coupled to the cushion member and the second end of the claw is directly coupled to the cushion member.
Attention is drawn to a second embodiment of Baker, Baker2, which teaches an analogous article of footwear. Baker2 teaches an article of footwear (see fig. 13), the article of footwear comprising: an upper (see annotated Fig.); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (annotated fig. 13 shows the sole structure defining a ground engaging surface and being coupled to the upper), the sole structure including: a cushion member (1310) defining a bottom surface that forms a first portion of the ground engaging surface (fig. 13 shows the cushion member (1310) defining a bottom surface that formed a first portion of the ground engaging surface) and a plate (1300) having a first segment (see annotated Fig.) positioned between the bottom surface of the cushion member and the upper, and a second segment formed as a set of claws (1302, 1204) that extend outward from the first segment (fig. 13 shows the claws extending outward from the first segment), wherein each claw of the set of claws extending from a first end (see annotated Fig.) that is directly coupled to the cushion member to a second end (annotated fig. 13 shows the first end directly coupled to the cushioning member (1310)).
Attention is drawn to Seo which teaches an analogous article of footwear. Seo teaches an article of footwear (1) defining a forefoot region, a midfoot region, and a heel region, (annotated fig. 1 shows the footwear having a forefoot, a midfoot, and a heel region) the article of footwear comprising: an upper (see annotated Fig.) (annotated fig. 2 shows the footwear having an upper); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (fig. 1 shows the sole being coupled to the upper and defining a ground engaging surface of the article of footwear), the sole structure including: a cushion member (5) defining a bottom surface (fig. 4 shows the cushion member (5) defining a bottom surface), and a plate (6) having a first segment (7) positioned between the bottom surface of the cushion member and the upper (figs. 6 and 7 show the first segment (7) configured to be disposed between the bottom surface of the cushion member and the upper), and a second (8a) segment formed as a set of claws that extend outward from the first segment (figs. 6 and 7 show the claws (8a) extending outward from the first segment (7)), wherein each claw of the set of claws extends from a first end that is directly coupled to the cushion member to a second end that is directly coupled to the cushion member (annotated figs. 6 and 7 show the claws extending between first and second ends, both being directly coupled to the cushion member).
Attention is drawn to Salminen et al., which teaches an analogous article of footwear. Salminen et al. teaches a plate (21) for an article of footwear (fig. 1 shows the plate in an article of footwear) made of carbon fiber (paragraph [0011] teaches “In one embodiment of the invention the upper surface of the support element is equipped with a depression fitted with a carbon fibre plate,”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baker et al. to include the teachings of Baker2 and Seo such that the sole structure includes a cushion member defining a bottom surface and wherein the first end of each claw that is positioned between the upper and the bottom surface of the cushion member to a second end, and each claw of the set of claws extends along a lateral surface of the cushion member, wherein the first end is directly coupled to the cushion member and the second end is directly coupled to the cushion member so as to provide additional cushioning and shock absorption for the wearer while ensuring adequate support by utilizing the claws to limit the cushion members ability to expand.
Further, since the use of carbon fiber is known in the art for the intended use of a sole plate and would only produce the typical results of increasing the torsional rigidity of the sole (Paragraph [0034] teaches “a plate 21 manufactured from carbon fibre, whose function is to increase the torsional rigidity of the support element 14”), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plate of Baker et al., especially as Baker et al. is silent as to the material of the plate. Further, it has been held that when the only difference between the prior art and the claimed invention is the provision of a specific material recognized in the art as being suitable for the intended use of the claimed component a finding of prima facie obviousness is appropriate (see MPEP § 2144.07).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 2011/0214314) in view of a second embodiment of Baker, hereinafter referred to as Baker2 and Seo (US 8635785) and Salminen et al. (US 2009/0019730), and further in view of a third embodiment of Baker, hereinafter referred to as Baker3.
Regarding Claim 20, Baker et al. teaches all of the limitations of the article of footwear of Claim 19, as discussed in the rejections above.
Baker et al. does not teach wherein the unitary carbon fiber plate defines a notch at a heel end of the unitary carbon fiber plate, the notch extending from the heel end toward the forefoot region.
Attention is drawn to Baker3, which teaches an analogous article of footwear. Baker3 teaches a plate (1500) having a first segment (see annotated Fig.) and a second segment formed (1520-1532, 1540-1552) as a set of claws that extend outward from the first segment (fig. 15 shows the claws extending from the first segment), and wherein the set of claws includes: a first claw (see annotated Fig.) that is positioned in the midfoot region and on a lateral side of the article of footwear such that the first claw defines a first portion of an outermost lateral surface in the forefoot region (annotated fig. 15 shows a first claw in the midfoot region on a lateral side defining a first portion of an outermost lateral surface in the forefoot region as the first claw is positioned between the forefoot and midfoot regions), and at least one of: a second claw (see annotated Fig.) that is positioned on a medial side of the article of footwear and in an opposed configuration with the first claw such that the second claw defines a first portion of an outermost medial surface (annotated fig. 15 shows a second claw in the midfoot region on a medial side defining a first portion of an outermost medial surface), and a third claw (see annotated Fig.) that is positioned in the forefoot region and on the lateral side of the article of footwear such that the third claw defines a second portion of the outermost lateral surface in the forefoot region (annotated fig. 15 shows a third claw in the forefoot region on a lateral side defining a second portion of an outermost lateral surface). Baker3 teaches wherein the unitary carbon fiber plate defines a notch (see annotated Fig.) at a heel end of the plate, the notch extending from the heel end toward the forefoot region (annotated fig. 15 shows the notch at the heel end extending from the heel end toward the forefoot region).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baker et al. to include the teachings of Baker3 such that he unitary carbon fiber plate defines a notch at a heel end of the unitary carbon fiber plate, the notch extending from the heel end toward the forefoot region so as to increase flexibility in the sole structure.
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Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 2011/0214314) in view of a second embodiment of Baker, hereinafter referred to as Baker2 and Seo (US 8635785), and further in view of a third embodiment of Baker, hereinafter referred to as Baker3.
Regarding Claim 5, Baker et al. teaches all of the limitations of the article of footwear of Claim 4, as discussed in the rejections above.
Baker et al. does not teach wherein the first segment includes a set of ribs that protrude into the cushion member.
Attention is drawn to Baker3, which teaches an analogous article of footwear. Baker3 teaches a plate (1500) having a first segment (see annotated Fig.) and a second segment (1520-1532, 1540-1552) that extends outward from the first segment (fig. 15 shows the claws extending from the first segment). Baker3 teaches wherein the first segment includes a set of ribs (1562-1572) that protrude downward from the first segment (fig. 15 shows the ribs (1562-1572) protruding downward from the first segment).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Baker et al. to include the teachings of Baker3 such that the first segment includes a set of ribs that protrude into the cushion member so as to provide additional support and stability to the first segment.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 2011/0214314) in view of a second embodiment of Baker, hereinafter referred to as Baker2 in view of Montross et al. (US 2018/0116337) and Nurse (US 2013/0247418).
Regarding Claim 8, Baker et al. teaches all of the limitations of the article of footwear of Claim 7, as discussed in the rejections above.
Baker et al. does not teach wherein the rigid plate is a PEBAX® plate and the cushion member includes PEBA foam.
Attention is drawn to Montross et al., which teaches an analogous article of footwear. Montross et al. teaches a cushion member including PEBA foam (paragraph [0034] teaches “An example of a TPE that may be used to fabricate the midsole is polyether block amide (PEBA]) and Claim 7 of Montross et al. recites “wherein the thermoplastic elastomer foam is polyether block amide,” wherein PEBA is an acronym for polyether block amide).
Therefore, since the use of PEBA foam is known in the art for the intended use of a cushion member and would only produce the typical results of providing cushioning and stability (Paragraph [0033] teaches “Different types of materials may be used to fabricate the midsole to provide differing amounts of cushioning and/or stability for the individual user”), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plate of Baker et al., especially as Baker et al. is silent as to the material of the cushion member. Further, it has been held that when the only difference between the prior art and the claimed invention is the provision of a specific material recognized in the art as being suitable for the intended use of the claimed component a finding of prima facie obviousness is appropriate (see MPEP § 2144.07).
Further, attention is drawn to Nurse, which teaches an analogous article of footwear. Nurse teaches a rigid plate that is a PEBAX plate (paragraph [0139] teaches “the plate 1806 may be made from a thin, rigid, lightweight material, such as plastic materials (e.g., PEBAX, etc.)”).
Therefore, since the use of PEBA foam is known in the art for the intended use of a plate and would only produce the typical results of being thin, lightweight, and rigid (Paragraph [0139] teaches “the plate 1806 may be made from a thin, rigid, lightweight material, such as plastic materials (e.g., PEBAX, etc.)”), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plate of Baker et al., especially as Baker et al. is silent as to the material of the plate. Further, it has been held that when the only difference between the prior art and the claimed invention is the provision of a specific material recognized in the art as being suitable for the intended use of the claimed component a finding of prima facie obviousness is appropriate (see MPEP § 2144.07).
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 2011/0214314) in view of a second embodiment of Baker, hereinafter referred to as Baker2, and further in view of Salminen et al. (US 2009/0019730).
Regarding Claim 11, Baker et al. teaches all of the limitations of the article of footwear of Claim 10, as discussed in the rejections above.
Baker et al. does not teach wherein the rigid plate is a carbon fiber plate.
Attention is drawn to Salminen et al., which teaches an analogous article of footwear. Salminen et al. teaches a plate (21) for an article of footwear (fig. 1 shows the plate in an article of footwear) made of carbon fiber (paragraph [0011] teaches “In one embodiment of the invention the upper surface of the support element is equipped with a depression fitted with a carbon fibre plate,”).
Therefore, since the use of carbon fiber is known in the art for the intended use of a sole plate and would only produce the typical results of increasing the torsional rigidity of the sole (Paragraph [0034] teaches “a plate 21 manufactured from carbon fibre, whose function is to increase the torsional rigidity of the support element 14”), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plate of Baker et al., especially as Baker et al. is silent as to the material of the plate. Further, it has been held that when the only difference between the prior art and the claimed invention is the provision of a specific material recognized in the art as being suitable for the intended use of the claimed component a finding of prima facie obviousness is appropriate (see MPEP § 2144.07).
Regarding Claim 12, Baker et al. teaches all of the limitations of the article of footwear of Claim 11, as discussed in the rejections above. Baker et al. further teaches wherein the second segment is a separate element that is coupled to the first segment and curves downward to extend away from the upper (figs. 4 and 6 shows the second segment being coupled to the first element and curving downward to extend away from the upper).
Baker et al. does not teach wherein the second segment is spaced from the lateral surface of the cushion member as the second segment extends along the lateral surface of the cushion member.
Attention is drawn to a second embodiment of Baker, Baker2, which teaches an analogous article of footwear. Baker2 teaches an article of footwear (see fig. 13), the article of footwear comprising: an upper (see annotated Fig.); and a sole structure (see annotated Fig.) coupled to the upper and defining a ground engaging surface of the article of footwear (annotated fig. 13 shows the sole structure defining a ground engaging surface and being coupled to the upper), the sole structure including: a cushion member (1310) defining a bottom surface that forms a first portion of the ground engaging surface (fig. 13 shows the cushion member (1310) defining a bottom surface that formed a first portion of the ground engaging surface), and a rigid plate (1300) including a first segment (see annotated Fig.) positioned between the upper and the bottom surface of the cushion member (annotated fig. 13 shows the first segment of the rigid plate (1300) positioned between the upper and the bottom surface of the cushion member (1310), and a second segment (see annotated Fig.) that extends outward from the first segment and curves to extend along a lateral surface of the cushion member such that the second segment defines a first portion of an outermost lateral surface of the sole structure (annotated fig. 13 shows the second segment extending out from the first segment and curving to extend along and form a first portion of an outermost lateral surface of the sole structure). Baker et al. further teaches wherein the second segment is a separate element that is coupled to the first segment and curves downward to extend away from the upper, and wherein the second segment is spaced from the lateral surface of the cushion member as the second segment extends along the lateral surface of the cushion member (fig. 13 shows the second segment being a separate element coupled to the first segment and curving downwards to extend away from the upper, and wherein the second segment is spaced from the lateral surface of the cushion member as the second segment extends along the lateral surface).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baker et al. with the teachings of Baker2 such that the second segment is spaced from the lateral surface of the cushion member as the second segment extends along the lateral surface of the cushion member so as to allow the cushioning member space to expand upon application of a force, therein increasing the amount of shock absorption for the wearer.
Allowable Subject Matter
Claim 6 is 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.
Conclusion
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/HALEY A SMITH/Primary Examiner, Art Unit 3732