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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-9 in the reply filed on 08/24/2026 is acknowledged. Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group of the invention, there being no allowable generic or linking claim.
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) 1-9 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Heineck et al. (US 2017/0021557).
As to claim 1, Heineck et al. (US ‘557) disclose a system (100) for foaming a component of an article of footwear, the system comprising:
- a solid-state microwave energy source (the microwave generator 114, ¶ [0070]) comprising a frequency synthesizer;
- a footwear component mold (¶ [0073]), the footwear component mold (¶ [0073]) having a mold chamber (110, ¶ [0071] - ¶ [0073]) configured to form the component from a polymer material (¶ [0073]) reactive to microwave energy from the solid-state microwave energy source (the microwave generator 114, ¶ [0070]),
[AltContent: textbox (A computing device 118)]
[AltContent: arrow][AltContent: textbox (A microwave energy conduit (115))][AltContent: arrow][AltContent: arrow][AltContent: textbox (A press (113))][AltContent: arrow][AltContent: textbox (A mold chamber (110))][AltContent: arrow][AltContent: textbox (A solid-state microwave energy source (114))]
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- the footwear component mold (¶ [0073]) comprising a first material having a first value for a first microwave dielectric property (¶ [0065], ¶ [0070]); and
- a press (a pressure application component 113 (¶ [0070]) or a 1st press component 130 and a 2nd press component 135 (¶ [0072])), the press capable of compressing one or more portions of the footwear component mold (¶ [0070] and ¶ [0072]).
As to claim 2, Heineck et al. (US ‘557) teach the solid-state microwave energy source (the microwave generator 114, ¶ [0070]) comprises an emitter capable of varying electromagnetic wavelengths, field configurations, or intensity across the emitter. (¶ [0087])
As to claim 3, Heineck et al. (US ‘557) discloses the solid-state microwave energy source (the microwave generator 114, ¶ [0070]) is coupled with the footwear component mold (¶ [0073]) by a microwave energy conduit (the transmission line component 115, ¶ [0071]).
As to claim 4, Heineck et al. (US ‘557) disclose the solid-state microwave energy source generates electromagnetic radiation in a frequency of between about 2.4 GHz and 2.5 GHZ. (the microwave frequency may range from 5850 MHz to 6650 MHz, [0109])
As to claim 5, Heineck et al. (US ‘557) teach the footwear component mold (¶ [0073]) comprises a second material having a second value for the first microwave dielectric property. (¶ [0119])
As to claim 6, Heineck et al. (US ‘557) disclose the first microwave dielectric property (¶ [0119]) is relative permittivity, and wherein the first value is less than the second value for a first frequency of microwave energy from the solid-state microwave energy source (the microwave generator 114, ¶ [0070]).
As to claim 7, Heineck et al. (US ‘557) disclose the first value for the first microwave dielectric property (¶ [0065], ¶ [0072], and ¶ [0088] - ¶ [0089]) is different than a second value for the first microwave dielectric property for the polymer material.
As to claim 8, Heineck et al. (US ‘557) teach the polymer material is thermoplastic polyester elastomer. (claim 9)
As to claim 9, Heineck et al. (US ‘557) discloses a computing system (computing device 118, ¶ [0133]) logically coupled with the solid-state microwave energy source (the microwave generator 114, ¶ [0070]) and the press (a pressure application component 113 (¶ [0070]) or a 1st press component 130 and a 2nd press component 135 (¶ [0072])), wherein the computing system (computing device 118, ¶ [0133]) is configured to coordinate an application of microwave energy from the solid-state microwave energy source (the microwave generator 114, ¶ [0070]) and an application of force by the press to the footwear component mold (¶ [0073]), the footwear component mold (¶ [0073]).
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Norridge et al. (US 2022/0347894).
As to claim 1, Norridge et al. (US ‘894) disclose a system (an apparatus 1 for the production of a particle foam part, in particular a shoe sole or a midsole or a part of a shoe sole/midsole, ¶ [0118]) for foaming a component of an article of footwear, the system comprising:
[AltContent: textbox (An apparatus 1)]- a solid-state microwave energy source (a generator 18 for the transmission of high-frequency voltages, ¶ [0130]) comprising a frequency synthesizer;
[AltContent: textbox (A press 15 and 16)][AltContent: arrow][AltContent: arrow][AltContent: textbox (A footwear component mold 3)][AltContent: arrow][AltContent: arrow][AltContent: textbox (A mold chamber 14)][AltContent: arrow][AltContent: textbox (A generator 18)]
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- a footwear component mold (a molding tool 3 is formed from two molding halves 12, 13, ¶ [0123]), the footwear component mold (a molding tool 3, ¶ [0123]) having a mold chamber (at least one molding cavity 14 formed between the two molding halves 12, 13, ¶ [0123]) configured to form the component from a polymer material (the foam particles 29, ¶ [0174]) reactive to microwave energy from the solid-state microwave energy source (a generator 18 for the transmission of high-frequency voltages, ¶ [0130]),
- the footwear component mold (a molding tool 3 is formed from two molding halves 12, 13, ¶ [0123]) comprising a first material having a first value for a first microwave dielectric property (¶ [0040] and ¶ [0185]); and
- a press (a capacitor plate 15 and 16, ¶ [0161]), the press capable of compressing one or more portions of the footwear component mold (two molding halves 12, 13, ¶ [0123]).
As to claim 2, Norridge et al. (US ‘894) teach the solid-state microwave energy source (a generator 18 for the transmission of high-frequency voltages, ¶ [0130]) comprises an emitter capable of varying electromagnetic wavelengths, field configurations, or intensity across the emitter. (¶ [0210] and ¶ [0214]))
As to claim 3, Norridge et al. (US ‘894) teach the solid-state microwave energy source (a generator 18 for the transmission of high-frequency voltages, ¶ [0130]) is coupled with the footwear component mold (a molding tool 3 is formed from two molding halves 12, 13, ¶ [0123]) by a microwave energy conduit (an electrical line, ¶ [0123]).
As to claim 4, Norridge et al. (US ‘894) teach the solid-state microwave energy source generates electromagnetic radiation in a frequency of between about 2.4 GHz and 2.5 GHZ. (¶ [0075])
As to claim 5, Norridge et al. (US ‘894) discloses the footwear component mold (a molding tool 3 is formed from two molding halves 12, 13, ¶ [0123]) comprises a second material having a second value for the first microwave dielectric property (¶ [0123]).
As to claim 6, Norridge et al. (US ‘894) teach the first microwave dielectric property is relative permittivity (¶ [0185]), and wherein the first value is less than the second value for a first frequency of microwave energy from the solid-state microwave energy source (¶ [0075]).
As to claim 7, Norridge et al. (US ‘894) disclose the first value for the first microwave dielectric property is different than a second value for the first microwave dielectric property for the polymer material. (¶ [0185])
As to claim 8, Norridge et al. (US ‘894) teach the polymer material is thermoplastic polyester elastomer. (¶ [0115])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 09/29/2026
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