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
The amendment filed on 01/16/2026 has been entered. Claims 21-38 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 01/16/2026.
Claim Rejections - 35 USC § 102
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 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 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.
Claims 21-27, 33-35 and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parker (US 4,817,304 A).
Regarding claim 21, Parker discloses a sole structure (sole structure 12; figs. 1-2; col. 4, ll. 15-28; claim 1) for an article of footwear (shoe 10; fig. 1; col. 4, ll. 15-28), the sole structure comprising:
a fluid-filled bladder (insert 20 inflated with a gaseous medium; fig. 2; col. 4, ll. 25-30) including a first segment (longitudinal tube 21 or 23; fig. 2; col. 4, ll. 31-41) extending along a medial side of the sole structure (fig. 2; col. 4, ll. 31-41), a second segment (longitudinal tube 23 or 21; fig. 2; col. 4, ll. 31-41) extending along a lateral side of the sole structure (fig. 2; col. 4, ll. 31-41), and a first conduit (a first transverse tube 25; see annotated fig. 2; col. 4, ll. 38-41) extending between and coupling the first segment and the second segment (transverse tubes 25 connecting the longitudinal tubes 21, 23; figs. 2, 4; col. 4, ll. 38-41); and
PNG
media_image1.png
730
838
media_image1.png
Greyscale
Annotated Figs. 1-2 from US 4,817,304 A
a cushioning member (outer member 22 of midsole 16; figs. 1-2; col. 4, ll. 25-28) including a pocket (a space for accommodating the insert 20; figs. 1-2, 4; col. 5, ll. 5-8) having a first recess (a longitudinal recess for accommodating medial tube 21 or 23; see annotated fig. 4; col. 5, ll. 5-8; claims 12, 14) extending along the medial side of the sole structure and receiving the first segment of the fluid-filled bladder (see fig. 4; col. 5, ll. 5-8; claims 12, 14), a second recess (a longitudinal space for accommodating lateral tube 21 or 23; see annotated fig. 4; col. 5, ll. 5-8; claims 12, 14) extending along the lateral side of the sole structure and receiving the second segment of the fluid- filled bladder (fig. 4; col. 5, ll. 5-8; claims 12, 14), and a first channel (a first transverse channel for accommodating the first transverse tube 25 exists because the outer member 22 fills the space in the valleys along both the upper and lower surfaces of said insert; see fig. 2 and annotated figs. 1, 4; col. 5, ll. 5-8; claims 12, 14) extending between the first recess and the second recess and receiving the first conduit of the fluid-filled bladder (figs. 2, 4; col. 5, ll. 5-8; claims 12, 14), the first segment and the second segment extending beyond a peripheral surface of the cushioning member (medial and lateral sides 28, 30 of insert 20 extending beyond the medial and lateral sides of the outer member 22; figs. 2, 4; col. 6, ll. 8-16).
PNG
media_image2.png
402
974
media_image2.png
Greyscale
Annotated Fig. 4 from US 4,817,304 A
Regarding claim 22, Parker discloses the sole structure of Claim 21, and further discloses wherein the cushioning member comprises a polymer foam material (col. 4, ll. 25-28; col. 5, ll. 5-8).
Regarding claim 23, Parker discloses the sole structure of Claim 21, and further discloses wherein the fluid-filled bladder (insert 20; fig. 2) includes a second conduit (a second transverse tube 25; see annotated fig. 2; col. 4, ll. 38-41) extending between and fluidly coupling the first segment and the second segment (see annotated fig. 2; col. 4, ll. 38-41).
Regarding claim 24, Parker discloses the sole structure of Claim 23, and further discloses wherein the second conduit is spaced apart from the first conduit along a length of the sole structure (separated by a valley; see annotated fig. 2; claims 12, 14).
Regarding claim 25, Parker discloses the sole structure of Claim 24, and further discloses wherein the cushioning member includes a second channel (similar to the first channel, a second transverse recess for accommodating the second transverse tube 25 exists because the outer member 22 fills the space in the valleys along both the upper and lower surfaces of said insert; see figs. 2, 4 and annotated fig. 1; col. 5, ll. 5-8; claims 12, 14) extending between the first recess and the second recess and receives the second conduit of the fluid-filled bladder (figs. 2, 4; col. 5, ll. 5-8; claims 12, 14).
Regarding claim 26, Parker discloses the sole structure of Claim 25, and further discloses wherein the cushioning member includes a projection (for filling the valley between the first and second transverse tubes 25; see annotated figs. 1-2; col. 5, ll. 5-8; claims 12, 14) extending between the first channel and the second channel (the first and second transverse tubes 25; see annotated figs. 2, 4; col. 5, ll. 5-8; claims 12, 14).
Regarding claim 27, Parker discloses the sole structure of Claim 26, and further discloses wherein the projection includes a distal end (at the medial side or lateral side of the projection; see annotated figs. 1-2) in contact with a web area (a web area defined between first and second transverse tubes 25; see fig. 1 and annotated fig. 2; col. 4, ll. 57-60; claims 12, 14) of the fluid-filled bladder (insert 20; figs. 1-2), the web area extending between and separating the first segment (longitudinal tube 21 or 23; see annotated figs. 1-2) of the fluid-filled bladder and the second segment (longitudinal tube 23 or 21; see annotated fig. 2) of the fluid-filled bladder.
Regarding claim 33, Parker discloses the sole structure of Claim 21, and further discloses wherein the first segment (tube 21 or 23; figs. 2, 4) of the fluid-filled bladder is exposed at the medial side of the sole structure (medial and lateral sides 28, 30 of insert 20 extending beyond the medial and lateral sides of the outer member 22; figs. 2, 4; col. 6, ll. 8-16).
Regarding claim 34, Parker discloses the sole structure of Claim 33, and further discloses wherein the second segment (tube 23 or 21; figs. 2, 4) of the fluid-filled bladder is exposed at the lateral side of the sole structure (medial and lateral sides 28, 30 of insert 20 extending beyond the medial and lateral sides of the outer member 22; figs. 2, 4; col. 6, ll. 8-16).
Regarding claim 35, Parker discloses the sole structure of Claim 21, and further discloses wherein the second segment (tube 23 or 21; figs. 2, 4) of the fluid-filled bladder is exposed at the lateral side of the sole structure (medial and lateral sides 28, 30 of insert 20 extending beyond the medial and lateral sides of the outer member 22; figs. 2, 4; col. 6, ll. 8-16).
Regarding claim 38, Parker discloses the sole structure of Claim 21, and further discloses an article of footwear (shoe 10; fig. 1) incorporating the sole structure (fig. 1).
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 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.
Claims 28-32 are rejected under 35 U.S.C. 103 as being unpatentable over Parker (US 4,817,304 A) in view of Stubblefield (US 2002/0078595 A1).
Regarding claim 28, Parker discloses the sole structure of Claim 21, and further discloses wherein the first segment (longitudinal tube 21 or 23; fig. 2) of the fluid-filled bladder extends along a first longitudinal axis (see fig. 2) and the second segment (longitudinal tube 23 or 21; fig. 2) of the fluid-filled bladder extends along a second longitudinal axis (see fig. 2).
Parker does not explicitly disclose the first longitudinal axis being convergent with the second longitudinal axis. However, Parker does disclose wherein the fluid-filled bladder is positioned in a heel area extending to a midfoot area of the midsole (see fig. 1), and the first and second segments extending along a medial side or a lateral side of the sole structure respectively (as discussed for claim 21). Further, Stubblefield in an analogous art teaches a bladder (bladder 15; fig. 1; para. 0012) for use in a heel area of a shoe sole (para. 0002) comprising a first fluid-filled segment (chamber 30; fig. 1; para. 0012) extending along a first longitudinal axis in a medial/lateral side (see fig. 1) and a second fluid-filled segment (chamber 40; fig. 1; para. 0012) extending along a second longitudinal axis in a lateral/medial side (see fig. 1), the first longitudinal axis being convergent with the second longitudinal axis (see fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the orientation of each of the first and second fluid-filled segments as disclosed by Parker, with wherein the first longitudinal axis being convergent with the second longitudinal axis as taught by Stubblefield, in order to provide each of the first and second fluid-filled segments that fits the anatomical feature of a human's heel and midfoot and imparts both stability and cushioning to the midsole of an athletic shoe (Stubblefield; para. 0002).
Regarding claim 29, Parker discloses the sole structure of Claim 21, and further discloses wherein the first recess extends along a first longitudinal axis (corresponding to a first longitudinal axis of longitudinal tube 21 or 23; see fig. 2) and the second recess extends along a second longitudinal axis (corresponding to a second longitudinal axis of longitudinal tube 23 or 21; see fig. 2).
Parker does not explicitly disclose the first longitudinal axis being convergent with the second longitudinal axis. However, Parker does disclose wherein the fluid-filled bladder is positioned in a heel area extending to a midfoot area of the midsole (see fig. 1), and the first and second recesses are configured to receive the first and second segments along a medial side or a lateral side of the sole structure respectively (as discussed for claim 21). Further, Stubblefield in an analogous art teaches a bladder (bladder 15; fig. 1; para. 0012) for use in a heel area of a shoe sole (para. 0002) comprising a first fluid-filled segment (chamber 30; fig. 1; para. 0012) extending along a first longitudinal axis in a medial/lateral side (see fig. 1) and a second fluid-filled segment (chamber 40; fig. 1; para. 0012) extending along a second longitudinal axis in a lateral/medial side (see fig. 1), the first longitudinal axis being convergent with the second longitudinal axis (see fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the orientation of each of the first and second fluid-filled segments as disclosed by Parker, with wherein the first longitudinal axis being convergent with the second longitudinal axis as taught by Stubblefield, in order to provide each of the first and second fluid-filled segments that fits the anatomical feature of a human's heel and midfoot and imparts both stability and cushioning to the midsole of an athletic shoe (Stubblefield; para. 0002).
Regarding claim 30, Parker discloses the sole structure of Claim 21. Parker does not explicitly disclose wherein the first segment of the fluid-filled bladder and the second segment of the fluid-filled bladder converge in a direction from a heel region of the sole structure to a forefoot region of the sole structure. However, Parker does disclose wherein the fluid-filled bladder is positioned in a heel area extending to a midfoot area of the midsole (see fig. 1), and the first and second segments extending along a medial side or a lateral side of the sole structure respectively (as discussed for claim 21). Further, Stubblefield in an analogous art teaches a bladder (bladder 15; fig. 1; para. 0012) for use in a heel area of a shoe sole (para. 0002) comprising a first fluid-filled segment (chamber 30; fig. 1; para. 0012) extending along a medial/lateral side (see fig. 1) and a second fluid-filled segment (chamber 40; fig. 1; para. 0012) extending along a lateral/medial side (see fig. 1), the first segment and the second segment of the fluid-filled bladder converge in a direction from a heel region of the sole structure to a forefoot region of the sole structure (see fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the orientation of each of the first and second fluid-filled segments as disclosed by Parker, with wherein the first segment of the fluid-filled bladder and the second segment of the fluid-filled bladder converge in a direction from a heel region of the sole structure to a forefoot region of the sole structure as taught by Stubblefield, in order to provide each of the first and second fluid-filled segments that fits the anatomical feature of a human's heel and midfoot and imparts both stability and cushioning to the midsole of an athletic shoe (Stubblefield; para. 0002).
Regarding claim 31, Parker and Stubblefield, in combination, disclose the sole structure of Claim 30. Parker does not explicitly disclose wherein the first recess of the cushioning member and the second recess of the cushioning member converge in a direction from the heel region of the sole structure to the forefoot region of the sole structure. However, Parker does disclose wherein the first and second recesses are configured to receive the first and second segments along a medial side and a lateral side of the sole structure respectively (as discussed for claim 21). As the first segment of the fluid-filled bladder and the second segment of the fluid-filled bladder converge in a direction from a heel region of the sole structure to a forefoot region of the sole structure (discussed for claim 30), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the orientation of each of the first recess and the second recess of the cushioning member as disclosed by Parker, to converge in a direction from the heel region of the sole structure to the forefoot region of the sole structure as well, in order to match the orientation of the first and second segments of the fluid-filled bladder therefore receiving the first and second segments of the fluid-filled bladder. Such a configuration is within the level of one of ordinary skill of the art.
Regarding claim 32, Parker discloses the sole structure of Claim 21. Parker does not explicitly disclose wherein the first recess of the cushioning member and the second recess of the cushioning member converge in a direction from a heel region of the sole structure to a forefoot region of the sole structure. However, Parker does disclose wherein the fluid-filled bladder is positioned in a heel area extending to a midfoot area of the midsole (see fig. 1), and the first and second recesses are configured to receive the first and second segments along a medial side or a lateral side of the sole structure respectively (as discussed for claim 21). Further, Stubblefield in an analogous art teaches a bladder (bladder 15; fig. 1; para. 0012) for use in a heel area of a shoe sole (para. 0002) comprising a first fluid-filled segment (chamber 30; fig. 1; paras. 0012) and a second fluid-filled segment (chamber 40; fig. 1; para. 0012) extending along a medial side and a lateral side respectively (see fig. 1; para. 0014), the first fluid-filled segment being convergent with the second fluid-filled segment (see fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the orientation of each of the first and second fluid-filled segments as disclosed by Parker, with wherein the first segment being convergent with the second segment, as taught by Stubblefield, in order to provide each of the first and second fluid-filled segments that fits the anatomical feature of a human's heel and midfoot and imparts both stability and cushioning to the midsole of an athletic shoe (Stubblefield; para. 0002). By combination of Parker and Stubblefield, in order to receive the first and second segments of the fluid-filled bladder, the first recess of the cushioning member and the second recess of the cushioning member would also converge in a direction from a heel region of the sole structure to a forefoot region of the sole structure. Such a configuration is within the level of one of ordinary skill of the art.
Claims 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Parker (US 4,817,304 A) in view of Kilgore (EP 0456434 A2).
Regarding claim 36, Parker discloses the sole structure of Claim 21. Parker does not explicitly disclose wherein the sole structure further comprising a first outsole attached to the first segment of the fluid-filled bladder on an opposite side of the first segment from the first recess, the first outsole defining a first ground-contacting surface of the sole structure. However, Parker does disclose wherein the sole structure further comprising an outsole extending from a toe end to a heel end (outsole 18; fig. 1; col. 4, ll, 22-23). Further, Kilgore, in an analogous art, teaches a sole structure (sole structure 12; fig. 1; col. 5, ll. 46-58) for an article of footwear (shoe 10; fig. 1; col. 5, ll. 46-58), the sole structure comprising: a fluid-filled bladder (insert 20; figs. 1, 3; col. 5, ll. 46-58) including a first segment (longitudinally extending tubes 21 or 23; figs. 1, 3; col. 6, ll. 21-40) extending along a medial side of the sole structure (figs. 1, 3; col. 6, ll. 21-40), and a second segment (longitudinally extending tubes 23 or 21; figs. 1, 3; col. 6, ll. 21-40) extending along a lateral side of the sole structure (figs. 1, 3; col. 6, ll. 21-40), the sole structure further comprising a first outsole (a first traction element 15; figs. 1-2; col. 7, ll. 37-39) attached to the first segment (tubes 21 or 23; figs. 1, 3) of the fluid-filled bladder an opposite side of the first segment than a first recess (defined between outer member 22 and outsole 18, comprising a first recess 13; figs. 1, 3-4; col. 6, ll. 14-20; col. 7, ll. 37-50) of a cushion member (midsole 16, 22; figs. 1, 4; col. 5, ll. 46-58; col. 6, ll. 14-20; col. 7, ll. 12-20), the first outsole defining a first ground-contacting surface of the sole structure (figs. 1-2; col. 7, ll. 37-39). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the outsole as disclosed by Parker, with wherein the sole structure further comprising a first outsole attached to the first segment of the fluid-filled bladder on an opposite side of the first segment from the first recess, the first outsole defining a first ground-contacting surface of the sole structure as taught by Kilgore, in order to protect the first segment of the fluid-filled bladder as well as providing effective traction with the ground.
Regarding claim 37, Parker and Kilgore, in combination, disclose the sole structure of Claim 36. Parker does not explicitly disclose the sole structure further comprising a second outsole attached to the second segment of the fluid-filled bladder on an opposite side of the second segment from the second recess, the second outsole defining a second ground-contacting surface of the sole structure. However, Kilgore further teaches the sole structure (sole structure 12; fig. 1; col. 5, ll. 46-58) further comprising a second outsole (a second traction element 15; figs. 1-2; col. 7, ll. 37-39) attached to the second segment (tubes 23 or 21; figs. 1, 3) of the fluid-filled bladder on an opposite side of the second segment than a second recess (figs. 1-2; col. 7, ll. 37-39) of the cushioning member, the second outsole defining a first ground-contacting surface of the sole structure (figs. 1-2; col. 7, ll. 37-39). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the outsole as disclosed by Parker, with the sole structure further comprising a second outsole attached to the second segment of the fluid-filled bladder on an opposite side of the second segment from the second recess, the second outsole defining a second ground-contacting surface of the sole structure as taught by Kilgore, in order to protect the second segment of the fluid-filled bladder as well as providing effective traction with the ground.
Response to Arguments
Applicant's arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
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 AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached on (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AIYING ZHAO/
Primary Examiner, Art Unit 3732