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
Applicant’s preliminary amendment of 04/28/2026 is acknowledged.
A replacement abstract is acknowledged and entered.
An English specification is acknowledged. This specification is acceptable and is entered.
Claims 1-4 are presented, of which claims 3-4 are amended.
The present Office action treats claims 1-4 on the merits.
The present Office action is a non-final rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-4 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites in relevant part “low-stretch portion which is produced so that its stretch ratio is lower than that of peripheral portions and which is formed to have a width extending, in a lateral direction, from the fourth metatarsal at the sole of the foot through the fifth metatarsal to the fourth metatarsal at the dorsum of the foot, and to have a length in a longitudinal direction reaching up to a position immediately in front of the cuboid”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally, for example by changing “a width extending, in a lateral direction, from the fourth metatarsal at the sole of the foot through the fifth metatarsal to the fourth metatarsal at the dorsum of the foot, and to have a length in a longitudinal direction reaching up to a position immediately in front of the cuboid” to --a width configured to extend, in a lateral direction, from the fourth metatarsal at the sole of the foot through the fifth metatarsal to the fourth metatarsal at the dorsum of the foot, and to have a length in a longitudinal direction configured to reach up to a position immediately in front of the cuboid--
Claim 1 further recites “an outer tensile stretch portion which is produced so that its stretch ratio is lower than that of peripheral portions and which is extended from a side, on the third-metatarsal side, of the outer low-stretch portion at the dorsum of the foot to at least a medial ankle portion”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally.
Claims 3-4 are rejected if only because they depend from a rejected claim.
Claim 4 further recites “wherein the outer tensile stretch portion is extended from the side, on the third-metatarsal side, of the outer low-stretch portion at the dorsum of the foot, through a medial ankle portion and a posterior ankle portion, to above a lateral malleolar portion”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally.
Claim 2 recites in relevant part “low-stretch portion which is produced so that its stretch ratio is lower than that of peripheral portions and which is formed to have a width extending, in a lateral direction, from a region between the third metatarsal and the fourth metatarsal at the sole of the foot through the fifth metatarsal to a region between the third metatarsal and the fourth metatarsal at the dorsum of the foot, and to have a length in a longitudinal direction reaching up to a position immediately in front of the cuboid”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally.
Claim 2 further recites “an outer tensile stretch portion which is produced so that its stretch ratio is lower than that of peripheral portions and which is extended from a side, on the third-metatarsal side, of the outer low-stretch portion at the dorsum of the foot to at least a medial ankle portion”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally.
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 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Miyazawa, JP-2018003217-A].
Regarding claim 1:
Miyazawa discloses (Figs. 1-7):
A sock S that improves a body-weight balance applied to the sole of the foot during an exercise motion (sock S is configured to be worn during an exercise and meets all claim limitations, as set forth below, such that sock S is configured to improve a body-weight balance applied to the sole of the foot during an exercise motion as claimed), comprising:
an outer low-stretch portion (see annotated Figs. 6-7 – a below) which is produced so that its stretch ratio (of “knitting composition "VI"...the expansion/contraction resistance value in the inner/outer direction and the front/rear direction is "3.5"”; para 43) is lower than that of peripheral portions (see annotated Figs. 6-7 – a below; stretch ratio thereof is of “normal knitting pattern (reference sign "B", plain knitting of plain yarn)” in which “the stretching resistance value in the front-back direction and the internal/external direction of a normal knitting pattern...is set to "1"; para 40)
(It is noted the stretching resistance of 3.5 of the outer low-stretch portion indicates a lower stretch ratio than the stretch ratio corresponding to the stretching resistance of 1.0 of the peripheral portions in that upon stretching the low-stretch portion with a given amount of force in at least the “inner/outer direction and the front/rear direction[s]”, the outer low-stretch portion will stretch to a lower extent than if the same amount of force in at least the “inner/outer direction and the front/rear direction[s]” were provided to the peripheral portions.)
and which is formed to have a width (as in annotated Figs. 6-7 – a below) extending, in a lateral direction, from the fourth metatarsal at the sole of the foot (a location configured to underlie a fourth metatarsal at the sole of the foot is identified in annotated Figs. 6-7 – a below) through the fifth metatarsal to the fourth metatarsal at the dorsum of the foot (a location configured to overlie a fifth metatarsal and fourth metatarsal at the dorsum of the foot is identified in annotated Figs. 6-7 – a below), and to have a length (as in annotated Figs. 6-7 – a below) in a longitudinal direction reaching up to a position immediately in front of the cuboid (a position configured to be provided at a position immediately in front of the cuboid is identified in annotated Figs. 6-7 – a below); and
an outer tensile stretch portion (see annotated Figs. 6-7 – a below) which is produced so that its stretch ratio (of knitting compositions I, II, and V (paras 41-46; Fig. 7) is lower than that of peripheral portions (see annotated Figs. 6-7 – a below; wherein it is noted the stretch ratio afforded by knitting compositions I, II, and V (correspondent to stretching resistances of 2.0, 2.0; 2.0, 3.0; 3.0, 2.5, respectively; see Fig. 7) is lower than that of the stretch ratio afforded by knitting pattern B (i.e. 1.0; para 40) of the peripheral portions in the same manner as described in reference to the outer low-stretch portion) and which is extended from a side, on the third-metatarsal side, of the outer low-stretch portion at the dorsum of the foot (see annotated Figs. 6-7 – a below) to at least a medial ankle portion (see annotated Figs. 6-7 – a below); wherein the outer tensile stretch portion, by pulling up the fourth metatarsal and the fifth metatarsal at a lateral side of the foot via the outer low-stretch portion, enables the sole to land on the ground in a substantially flat state (sock is configured such that the combined outer low-stretch portion and outer tensile stretch portion are capable of providing a pulling force to the fourth metatarsal and the fifth metatarsal at a lateral side of the foot insofar as the outer low-stretch portion is configured to wrap around fourth and fifth metatarsals, and a force applied to the outer tensile stretch portion is capable of pulling on the low-stretch portion insofar as the outer tensile stretch portion and the low-stretch portion are connected to each other via at least the interface between the outer tensile stretch portion and the low-stretch portion; moreover, sock and portions thereof are configured such that a foot sole can land on the ground in a substantially flat state when such pulling occurs, for example by inserting his foot into the sock as presented in Fig. 6c with his sole substantially flat and subsequently placing his socked foot onto a ground surface whilst providing a pulling force from outer tensile stretch portion to low stretch portion).
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Regarding claim 4:
Miyazawa discloses The sock according to claim 1, as set forth above.
Miyazawa further discloses wherein the outer tensile stretch portion is extended from the side, on the third-metatarsal side, of the outer low-stretch portion at the dorsum of the foot (a location configured to be on a third-metatarsal side of the outer low-stretch portion at the dorsum of the foot is identified in annotated Figs. 6-7 – b below), through a medial ankle portion (see annotated Figs. 6-7 – b below) and a posterior ankle portion (see annotated Figs. 6-7 – b below), to above a lateral malleolar portion (see annotated Figs. 6-7 – b below).
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Claim(s) 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Miyazawa, JP-2018003217-A].
Regarding claim 2:
Miyazawa discloses (Figs. 1-7):
A sock S that improves a body-weight balance applied to the sole of the foot during an exercise motion (sock S is configured to be worn during an exercise and meets all claim limitations, as set forth below, such that sock S is configured to improve a body-weight balance applied to the sole of the foot during an exercise motion as claimed), comprising:
an outer low-stretch portion (see annotated Figs. 6-7 – c below) which is produced so that its stretch ratio (of “knitting composition "VI"...the expansion/contraction resistance value in the inner/outer direction and the front/rear direction is "3.5"”; para 43) is lower than that of peripheral portions (see annotated Figs. 6-7 – c below; stretch ratio thereof is of “normal knitting pattern (reference sign "B", plain knitting of plain yarn)” in which “the stretching resistance value in the front-back direction and the internal/external direction of a normal knitting pattern...is set to "1"; para 40)
(It is noted the stretching resistance of 3.5 of the outer low-stretch portion indicates a lower stretch ratio than the stretch ratio corresponding to the stretching resistance of 1.0 of the peripheral portions in that upon stretching the low-stretch portion with a given amount of force in at least the “inner/outer direction and the front/rear direction[s]”, the outer low-stretch portion will stretch to a lower extent than if the same amount of force in at least the “inner/outer direction and the front/rear direction[s]” were provided to the peripheral portions.)
and which is formed to have a width (as in annotated Figs. 6-7 – c below) extending, in a lateral direction, from a region between the third metatarsal and the fourth metatarsal at the sole of the foot (a location configured to underlie between a third metatarsal and a fourth metatarsal at the sole of the foot is identified in annotated Figs. 6-7 – c below; it is noted the sock will fit wearers of different sizes differently such that the limitation is met) through the fifth metatarsal to a region between the third metatarsal and the fourth metatarsal at the dorsum of the foot (a location configured to overlie a region between the third metatarsal and the fourth metatarsal at the dorsum of the foot is identified in annotated Figs. 6-7 – c below; it is noted the sock will fit wearers of different sizes differently such that the limitation is met), and to have a length (as in annotated Figs. 6-7 – c below) in a longitudinal direction reaching up to a position immediately in front of the cuboid (a position configured to be provided at a position immediately in front of the cuboid is identified in annotated Figs. 6-7 – c below); and
an outer tensile stretch portion (see annotated Figs. 6-7 – c below) which is produced so that its stretch ratio (of knitting compositions I, II, and V (paras 41-46; Fig. 7) is lower than that of peripheral portions (see annotated Figs. 6-7 – c below; wherein it is noted the stretch ratio afforded by knitting compositions I, II, and V (correspondent to stretching resistances of 2.0, 2.0; 2.0, 3.0; 3.0, 2.5, respectively; see Fig. 7) is lower than that of the stretch ratio afforded by knitting pattern B (i.e. 1.0; para 40) of the peripheral portions in the same manner as described in reference to the outer low-stretch portion) and which is extended from a side, on the third-metatarsal side, of the outer low-stretch portion at the dorsum of the foot (see annotated Figs. 6-7 – c below) to at least a medial ankle portion (a location configured to overlie a medial ankle is identified in annotated Figs. 6-7 – c below); wherein the outer tensile stretch portion, by pulling up the fourth metatarsal and the fifth metatarsal at a lateral side of the foot via the outer low-stretch portion, enables the sole to land on the ground in a substantially flat state (sock is configured such that the combined outer low-stretch portion and outer tensile stretch portion are capable of providing a pulling force to the fourth metatarsal and the fifth metatarsal at a lateral side of the foot insofar as the outer low-stretch portion is configured to wrap around fourth and fifth metatarsals, and a force applied to the outer tensile stretch portion is capable of pulling on the low-stretch portion insofar as the outer tensile stretch portion and the low-stretch portion are connected to each other via at least the interface between the outer tensile stretch portion and the low-stretch portion; moreover, sock and portions thereof are configured such that a foot sole can land on the ground in a substantially flat state when such pulling occurs, for example by inserting his foot into the sock as presented in Fig. 6c with his sole substantially flat and subsequently placing his socked foot onto a ground surface whilst providing a pulling force from outer tensile stretch portion to low stretch portion).
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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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Miyazawa, JP-2018003217-A] in view of [Idobata, JP S63-011503].
Regarding claim 3:
Miyazawa discloses The sock according to claim 1, as set forth above.
Miyazawa further discloses a big-toe pocket 21 configured to accommodate a big toe (para 27).
Miyazawa does not expressly disclose an intermediate-toe pocket configured to accommodate two toes, an index toe and a middle toe; and an outer-toe pocket configured to accommodate two toes, a ring toe and a little toe.
Miyazawa Figs. 1-7 discloses a singular pocket 22 configured to accommodate all four of the index toe, the middle toe, the ring toe, and the little toe (“the other fingers”; para 27).
Miyazawa further teaches the sock may be provided instead with “four pouch-shaped portions corresponding to the fingers” such that Miyazawa at least teaches providing plural pockets to accommodate the index toe, the middle toe, the ring toe, and the little toe. However, Miyazawa does not teach an intermediate-toe pocket configured to accommodate two toes, an index toe and a middle toe; and an outer-toe pocket configured to accommodate two toes, a ring toe and a little toe.
Idobata teaches (Figs. 1-2) a sock (“sock[]”; title; no specific numeral provided therefor) comprising a big-toe pocket 1 configured to accommodate a big toe (p. 5 line 11; Figs. 1-2); an intermediate-toe pocket 2 configured to accommodate two toes, an index toe and a middle toe (p. 5 lines 12-13; Figs. 1-2); and an outer-toe 3 pocket configured to accommodate two toes, a ring toe and a little toe (p. 5 lines 14-15; Figs. 1-2).
Idobata further teaches “five-toe socks...prevent[] toes from getting sweaty and...for preventing athlete’s foot...However, with...five-toe socks, the bases of adjacent toe pockets overlap and intersect at the junction of each toe”, which is “making it difficult to put on shoes...or causing pain when the foot is cramped” and as opposed to “four little toes...all located together in one large pocket, there are problems such as sweating between the little toes and inability to prevent athlete’s foot” (p. 2 line 14 – p. 3 line 11). Idobata further teaches “This invention provides a balanced solution...the toe area...has three toe pockets” (p. 3 lines 14-16) whereby it “can be prevented from becoming stuffy between the...toes, and athlete’s foot can be prevented” and it is not “particularly to difficult to put on shoes, nor does it cause foot pain” (p. 6 line 16 – p. 7 line 3).
It 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 to have modified the sock of Miyazawa such that it is provided with an intermediate-toe pocket configured to accommodate two toes, an index toe and a middle toe; and an outer-toe pocket configured to accommodate two toes, a ring toe and a little toe in order to prevent stuffiness and/or prevent athlete’s foot while permitting ease of donning and/or preventing foot pain, as suggested by Idobata (p. 3 lines 14-16; p. 6 line 16 – p. 7 line 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
