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 .
Claim Objections
Claims 9, 13, 15, and 16 are objected to because of the following informalities:
Claim 9 line 1: “The bladder component according to 8” should be --The bladder component according to claim 8--
Claim 13 line 4: “the second securing strap” should be --a second securing strap--
Claim 15 line 16: “the second securing strap” should be --a second securing strap--
Claim 16 line 4: “the second securing strap” should be --a second securing strap--
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/213,631 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because examined application claim is anticipated by the reference claim(s).
Regarding claim 1:
Claim 1 of the reference application discloses:
A bladder component for an article of footwear, comprising:
a first thermoplastic elastomer sheet; and
a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms:
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot (lines 1-8),
wherein the foot support chamber portion includes a first side (line 11) and a second side (line 15) located opposite the first side (wherein a given portion including two sides includes one of two sides being opposite from the other), and
(ii) a first side chamber portion forming at least part of a first footwear upper component, wherein the first side chamber portion extends outward from the first side of the foot support chamber portion and is in fluid communication with the foot support chamber portion (lines 9-12).
Regarding claim 2:
Claim 1 of the reference application discloses The bladder component of claim 1, as set forth above.
Claim 1 of the reference application further discloses wherein the outer perimeter bond further is shaped such that the interior chamber forms a second side chamber portion forming at least part of the first footwear upper component and/or a second footwear upper component, wherein the second side chamber portion extends outward from the second side of the foot support chamber portion and is in fluid communication with the foot support chamber portion (lines 13-18).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 5 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/213,631 (reference application) in view of [Kraft, US 2015/0336328].
Regarding claim 5:
Claim 1 of the reference patent discloses The bladder component according to claim 1, as set forth above.
Claim 1 of the reference patent does not expressly disclose further comprising a fabric layer engaged with the first thermoplastic elastomer sheet.
However, Kraft teaches providing a fabric layer engaged with a sheet of a bladder element (claim 7).
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 claim 1 bladder component such that it is further comprising a fabric layer engaged with the first thermoplastic elastomer sheet in order to yield the predictable result of a bladder component whose fabric layer is configured to strengthen and/or reinforce the first thermoplastic elastomer sheet.
Claim 6 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/213,631 (reference application) in view of [Griffiths, US 2018/0014963].
Regarding claim 6:
Claim 1 of the reference application discloses:
A bladder component for an article of footwear, comprising:
a first thermoplastic elastomer sheet; and a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms:
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot,
(ii) a first side chamber portion forming at least part of a first securing strap, wherein the first side chamber portion extends outward from a first side of the foot support chamber portion and is in fluid communication with the foot support chamber portion, and (claim 1 lines 1-12)
(iii) a second side chamber portion (claim 1 line 13) forming at least part of a first strap-engaging member (lines 14-15; i.e. the “second securing strap” wherein a securing strap is capable of engaging an unspecified strap such that it is a second securing strap as claimed), wherein the second side chamber portion extends outward from a second side of the foot support chamber portion and is in fluid communication with the foot support chamber portion, wherein the second side of the foot support chamber portion is opposite the first side of the foot support chamber portion (claim 1 lines 14-17),
Claim 1 of the reference application does not expressly disclose and wherein the first strap-engaging member is configured to releasably hold the first securing strap.
However, Griffiths teaches a bladder component 100 for footwear comprising first side chamber portion 301 comprising a strap engaging member 301 and second side chamber portion 302 comprising a first securing strap 302 wherein the first strap-engaging member 301 is configured to releasably hold (“detachable coupling”; para 34) the first securing strap 302.
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 claim 1 bladder component such that its first strap-engaging member is configured to releasably hold the first securing strap in order to yield the predicable result of a bladder whose first strap-engaging member and first securing strap are capable of securing the bladder around a foot of a wearer.
Claims 8-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/213,631 (reference application) and [Griffiths, US 2018/0014963] as applied to claim 1 above and further in view of [James, US 2021/0086434].
Regarding claim 8:
Claim 1 of the reference application in view of Griffiths teaches The bladder component according to claim 6, as set forth above.
Claim 1 of the reference patent does not expressly disclose wherein the outer perimeter bond further defines an inflation port.
However, James teaches a bladder (title; Abstract) for footwear (para 36; Fig. 24) wherein an outer perimeter (the outer perimeter enclosing interior cavity 66 of bladder 64A; Fig. 12; paras 63 and 80) is provided with an inflation port 63 wherein the inflation port 63 opens into (“allow inflation of...bladder”; para 63) a chamber portion 66 (para 63; para 80).
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 modified claim 1 bladder component such that its outer perimeter bond further defines an inflation port and further wherein the inflation port opens into the foot support chamber portion in order to permit inflation of the foot support chamber portion via the inflation port, as taught by James (para 63).
Regarding claim 9:
Claim 1 of the reference application in view of Griffiths and James teaches The bladder component according to claim 8, as set forth above.
The modified claim 1 bladder component further meets the limitation wherein the inflation port opens into the foot support chamber portion (see above treatment of claim 8 where the limitation is addressed).
Claim 10 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/213,631 (reference application) and [Griffiths, US 2018/0014963] as applied to claim 1 above in view of [Kraft, US 2015/0336328].
Regarding claim 10:
Claim 1 of the reference application in view of Griffiths teaches The bladder component according to claim 1, as set forth above.
Claim 1 of the reference application does not expressly disclose further comprising a fabric layer engaged with the first thermoplastic elastomer sheet.
However, Kraft teaches providing a fabric layer engaged with a sheet of a bladder element (claim 7).
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 modified claim 1 bladder component such that it is further comprising a fabric layer engaged with the first thermoplastic elastomer sheet in order to yield the predictable result of a bladder component whose fabric layer is configured to strengthen and/or reinforce the first thermoplastic elastomer sheet.
Claim 12 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/213,631 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because examined application claim is anticipated by the reference claim(s).
Regarding claim 12:
Claim 1 of the reference application discloses:
A bladder component for an article of footwear, comprising:
a first thermoplastic elastomer sheet; and
a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms:
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot, and
(ii) a first side chamber portion forming at least part of a first securing strap, wherein the first side chamber portion extends outward from a first side of the foot support chamber portion and is in fluid communication with the foot support chamber portion (lines 1-12).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,957 in view of [Bruno, US 2018/0263332].
Regarding claim 1:
Claim 1 of the reference patent discloses:
A bladder component for an article of footwear (line 1), comprising:
a first thermoplastic elastomer sheet (line 3); and
a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms (lines 4-10):
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot (lines 10-11), wherein the foot support chamber portion includes a first side (line 15) and a second side (line 20) located opposite the first side (lines 24-25), and
(ii) a first side chamber portion forming (line 13) at least part of a first footwear component (i.e. “securing strap”; line 14), wherein the first side chamber portion extends outward from the first side of the foot support chamber portion (lines 15-16) and is in fluid communication with the foot support chamber portion (lines 16-17).
Claim 1 of the reference patent does not expressly disclose:
(ii) a first side chamber portion forming at least part of a first footwear upper component
However, as set forth above, the first side chamber portion is forming at least part of a first footwear component (i.e. “securing strap”; line 14).
Bruno teaches a securing strap first footwear component is a first footwear upper component (claim 18).
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 claim 1 bladder component such that its first side chamber portion such that it is forming at least part of a first footwear upper component in order to yield the predictable result of a bladder component whose first side chamber portion is configured to protect an upper part of a wearer’s foot.
Claim 2-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,957 in view of [Bruno, US 2018/0263332].
Regarding claim 2:
Claim 1 of the reference patent discloses
A bladder component for an article of footwear (line 1), comprising:
a first thermoplastic elastomer sheet (line 3); and
a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms (lines 4-10):
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot (lines 10-11), wherein the foot support chamber portion includes a first side (line 15) and a second side (line 20) located opposite the first side (lines 24-25), and
(ii) a first side chamber portion forming (line 13) at least part of a first footwear component (i.e. “securing strap”; line 14), wherein the first side chamber portion extends outward from the first side of the foot support chamber portion (lines 15-16) and is in fluid communication with the foot support chamber portion (lines 16-17).
wherein the outer perimeter bond further is shaped such that the interior chamber forms a second side chamber portion forming (line 18) at least part of a second footwear component (“a...strap-engaging member”; line 19), wherein the second side chamber portion extends outward from the second side of the foot support chamber portion and is in fluid communication with the foot support chamber portion (lines 19-22).
Claim 1 of the reference patent does not expressly disclose:
(ii) a first side chamber portion forming at least part of a first footwear upper component
A second side chamber portion forming at least part of the first footwear upper component and/or a second footwear upper component
However, as set forth above, the first side chamber portion is forming at least part of a first footwear component (i.e. “securing strap”; line 14).
And the second side chamber portion is forming a at least part of a second footwear component (“a...strap-engaging member”; line 19)
Bruno teaches a securing strap first footwear component is a first footwear upper component (claim 18).
Bruno further teaches a strap-engaging footwear component 102V is a footwear upper component (para 27; Fig. 3A).
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 claim 1 bladder component such that its first side chamber portion such that it is forming at least part of a first footwear upper component and its second side chamber portion is forming at least part of a second footwear upper component in order to yield the predictable result of a bladder component whose first side chamber portion and second side chamber portion are configured to protect an upper part of a wearer’s foot.
Regarding claim 3:
Claim 1 of the reference patent in view of Bruno teaches The bladder component according to claim 2, as set forth above.
Claim 1 of the reference patent further discloses wherein the first side chamber portion and the second side chamber portion are releasably secured to one another in a hardware free manner (lines 25-27 and wherein no separate hardware components for releasably securing are claimed in claim 1 of the reference patent).
Regarding claim 4:
Claim 1 of the reference patent in view of Bruno teaches The bladder component according to claim 3, as set forth above.
Claim 1 of the reference patent further discloses wherein the first side chamber portion and the second side chamber portion are releasably secured to one another (lines 25-27).
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,957 in view of [Bruno, US 2018/0263332] as applied to claim 1 above and further in view of [Kraft, US 2015/0336328].
Regarding claim 5:
Claim 1 of the reference patent in view of Bruno teach The bladder component according to claim 1, as set forth above.
Claim 1 of the reference patent does not expressly disclose further comprising a fabric layer engaged with the first thermoplastic elastomer sheet.
However, Kraft teaches providing a fabric layer engaged with a sheet of a bladder element (claim 7).
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 modified claim 1 bladder component such that it is further comprising a fabric layer engaged with the first thermoplastic elastomer sheet in order to yield the predictable result of a bladder component whose fabric layer is configured to strengthen and/or reinforce the first thermoplastic elastomer sheet.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is anticipated by the reference claim(s).
Regarding claim 6:
Claim 1 of the reference patent discloses:
A bladder component for an article of footwear, comprising (lines 1-2):
a first thermoplastic elastomer sheet (line 3); and
a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms (lines 4-10):
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot (lines 11-12),
(ii) a first side chamber portion forming at least part of a first securing strap, wherein the first side chamber portion extends outward from a first side of the foot support chamber portion and is in fluid communication with the foot support chamber portion (lines 13-17), and
(iii) a second side chamber portion forming at least part of a first strap-engaging member, wherein the second side chamber portion extends outward from a second side of the foot support chamber portion and is in fluid communication with the foot support chamber portion, wherein the second side of the foot support chamber portion is opposite the first side of the foot support chamber portion, and wherein the first strap-engaging member is configured to releasably hold the first securing strap (lines 18-27).
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is anticipated by the reference claim(s).
Regarding claim 7:
Claim 1 of the reference patent discloses The bladder component according to claim 6, as set forth above.
Claim 7 of the reference patent is dependent upon claim 1 of the reference patent.
Claim 7 of the reference patent further discloses wherein the outer perimeter bond includes a second bond segment (claim 7 line 2; i.e. the “third bond segment”) separating the foot support chamber portion and the second side chamber portion at the second side of the foot support chamber portion (claim 7 lines 3-6).
Claims 8-9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,957 in view of [James, US 2021/0086434].
Regarding claim 8:
Claim 1 of the reference patent discloses The bladder component according to claim 6, as set forth above.
Claim 1 of the reference patent does not expressly disclose wherein the outer perimeter bond further defines an inflation port.
However, James teaches a bladder (title; Abstract) for footwear (para 36; Fig. 24) wherein an outer perimeter (the outer perimeter enclosing interior cavity 66 of bladder 64A; Fig. 12; paras 63 and 80) is provided with an inflation port 63 wherein the inflation port 63 opens into (“allow inflation of...bladder”; para 63) a chamber portion 66 (para 63; para 80).
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 claim 1 bladder component such that its outer perimeter bond further defines an inflation port and further wherein the inflation port opens into the foot support chamber portion in order to permit inflation of the foot support chamber portion via the inflation port, as taught by James (para 63).
Regarding claim 9:
Claim 1 of the reference patent in view of James teaches The bladder component according to claim 8, as set forth above.
The modified claim 1 bladder component further meets the limitation wherein the inflation port opens into the foot support chamber portion (see above treatment of claim 8 where the limitation is addressed).
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,957 in view of [Kraft, US 2015/0336328]
Regarding claim 10:
Claim 1 of the reference patent discloses The bladder component according to claim 6, as set forth above.
Claim 1 of the reference patent does not expressly disclose further comprising a fabric layer engaged with the first thermoplastic elastomer sheet.
However, Kraft teaches providing a fabric layer engaged with a sheet of a bladder element (claim 7).
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 claim 1 bladder component such that it is further comprising a fabric layer engaged with the first thermoplastic elastomer sheet in order to yield the predictable result of a bladder component whose fabric layer is configured to strengthen and/or reinforce the first thermoplastic elastomer sheet.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,317,957 in view of [Cohen, US 5,113,599]
Regarding claim 10:
Claim 1 of the reference patent discloses The bladder component according to claim 6, as set forth above.
Claim 1 of the reference patent does not expressly disclose wherein the foot support chamber portion includes an outer sealed edge as part of the outer perimeter bond, wherein the outer sealed edge includes a first side passageway providing fluid communication with the first side chamber portion and a second side passageway providing fluid communication with the second side chamber portion, and wherein the outer sealed edge extends around at least 90% of an outer periphery of foot support chamber portion.
However, Cohen teaches a bladder component for footwear (Abstract) wherein a foot support chamber portion 48 includes an outer sealed edge (defined by 36 around foot chamber support portion 48; Fig. 2) as part of an outer perimeter bond 36, wherein the outer sealed edge includes a first side passageway (between 48 and 50; Fig. 2) providing fluid communication with (col. 7 lines 34-36) a first side chamber portion 50 and a second side passageway (between 48 and 46) providing fluid communication with (col. 7 lines 34-36) a second side chamber portion 46.
Cohen is not expressly to scale, and Cohen does not expressly teach wherein the outer sealed edge extends around at least 90% of an outer periphery of foot support chamber portion; however, looking to Fig. 2, Cohen appears to teach wherein the outer sealed edge extends around at least 90% of an outer periphery of foot support chamber portion in that as drawn the area occupied by the outer sealed edge defined by 36 around foot chamber support portion 48 appears to be at least 90% of the outer periphery.
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 claim 1 bladder component such that the foot support chamber portion includes an outer sealed edge as part of the outer perimeter bond, wherein the outer sealed edge includes a first side passageway providing fluid communication with the first side chamber portion and a second side passageway providing fluid communication with the second side chamber portion, and wherein the outer sealed edge extends around at least 90% of an outer periphery of foot support chamber portion in order to yield the predictable result of a bladder component whose side passageways permit fluid flow among and between chamber portions and wherein the outer sealed edge extends around the outer periphery in such a way and at such an extent as to provide substantial foot support via the areal extent of the foot support chamber portion afforded by providing the outer sealed edge extending around at least 90% of an outer periphery of foot support chamber portion.
Claims 12 and 17-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is anticipated by the reference claim(s).
Regarding claim 12:
Claim 9 of the reference patent discloses:
A bladder component for an article of footwear, comprising (lines 1-2):
a first thermoplastic elastomer sheet (line 3); and
a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms (lines 4-10):
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot (lines 11-12), and
(ii) a first side chamber portion forming at least part of a first securing strap, wherein the first side chamber portion extends outward from a first side of the foot support chamber portion and is in fluid communication with the foot support chamber portion (lines 13-17).
Regarding claim 17:
Claim 9 of the reference patent discloses The bladder component according to claim 12, as set forth above.
Claim 9 of the reference patent further discloses wherein the first side chamber portion includes a first connecting portion located adjacent the first side of the foot support chamber portion, wherein the first securing strap extends from the first connecting portion to a first strap free end (lines 28-32).
Regarding claim 18:
Claim 9 of the reference patent discloses The bladder component according to claim 17, as set forth above.
Claim 9 of the reference patent further discloses wherein at the first strap free end, the outer perimeter bond includes a first inwardly extending bond segment, wherein a first opening extends through the outer perimeter bond at the first inwardly extending bond segment (lines 33-37).
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim would have been obvious over the reference claim(s).
Regarding claim 13:
Claim 9 of the reference patent discloses The bladder component according to claim 12, as set forth above.
Claim 9 of the reference patent further discloses wherein the first side chamber portion includes a first connecting portion located adjacent the first side of the foot support chamber portion (lines 28-30), wherein the first securing strap extends from the first connecting portion to a first strap free end (lines 30-32),
Claim 9 of the reference patent does not expressly disclose and wherein the second securing strap extends from the first connecting portion to a second strap free end.
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 claim 9 bladder component such that it is provided with a second securing strap, the second securing strap extends from the first connecting portion to a second strap free end in order to yield the predictable result of a bladder component that is capable of being secured by either or both of the first and second securing straps. It is noted that MPEP 2144 states and in relevant part “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced”.
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim would have been obvious over the reference claim(s).
Regarding claim 14:
Claim 9 of the reference patent discloses The bladder component of claim 12, as set forth above.
Claim 9 of the reference patent further discloses wherein the first side chamber portion includes a first connecting portion located adjacent the first side of the foot support chamber portion (lines 28-30), wherein the first securing strap extends from the first connecting portion to a first strap free end (lines 30-32),
Claim 9 of the reference patent further discloses:
wherein: at the first strap free end, the outer perimeter bond includes a first inwardly extending bond segment (lines 33-34), wherein a first opening extends through the outer perimeter bond at the first inwardly extending bond segment (lines 35-37).
Claim 9 of the reference patent does not expressly disclose and wherein the second securing strap extends from the first connecting portion to a second strap free end; at the second strap free end, the outer perimeter bond includes a second inwardly extending bond segment, wherein a second opening extends through the outer perimeter bond at the second inwardly extending bond segment.
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 claim 9 bladder component such that it is provided with a second securing strap wherein the second securing strap extends from the first connecting portion to a second strap free end; at the second strap free end, the outer perimeter bond includes a second inwardly extending bond segment, wherein a second opening extends through the outer perimeter bond at the second inwardly extending bond segment in order to yield the predictable result of a bladder component that is capable of being secured by either or both of the first and second securing straps. It is noted that MPEP 2144 states and in relevant part “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced”.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim would have been obvious over the reference claim(s).
Regarding claim 15:
Claim 10 of the reference patent is dependent upon claim 9 of the reference patent, and Claim 9 of the reference patent discloses The bladder component of claim 12, as set forth above.
Claim 10 of the reference patent further discloses wherein the first side chamber portion includes a first connecting portion located adjacent the first side of the foot support chamber portion (claim 9; lines 28-30), wherein the first securing strap extends from the first connecting portion to a first strap free end (claim 9; lines 30-32),
Claim 10 of the reference patent further discloses:
wherein:at the first strap free end, the outer perimeter bond includes: (a) a first inwardly extending bond segment (claim 9 lines 33-34), (b) a first opening extending through the outer perimeter bond at the first inwardly extending bond segment (claim 9 lines 35-37) (c) a second inwardly extending bond segment (claim 10 line 7), and (d) a second opening extending through the outer perimeter bond at the second inwardly extending bond segment (claim 10 lines 8-10), wherein the first inwardly extending bond segment and the first opening extend toward the second inwardly extending bond segment and the second opening, and wherein a first fluid passage is defined within the first securing strap between the first inwardly extending bond segment and the second inwardly extending bond segment (claim 10 lines 11-15)
Claim 10 of the reference patent does not expressly disclose and wherein the second securing strap extends from the first connecting portion to a second strap free end; and at the second strap free end, the outer perimeter bond includes: (a) a third inwardly extending bond segment, (b) a third opening extending through the outer perimeter bond at the third inwardly extending bond segment, (c) a fourth inwardly extending bond segment, and (d) a fourth opening extending through the outer perimeter bond at the fourth inwardly extending bond segment, wherein the third inwardly extending bond segment and the third opening extend toward the fourth inwardly extending bond segment and the fourth opening, and wherein a second fluid passage is defined within the second securing strap between the third inwardly extending bond segment and the fourth inwardly extending bond segment.
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 claim 10 bladder component such that it is provided with a second securing strap wherein the second securing strap extends from the first connecting portion to a second strap free end; and at the second strap free end, the outer perimeter bond includes: (a) a third inwardly extending bond segment, (b) a third opening extending through the outer perimeter bond at the third inwardly extending bond segment, (c) a fourth inwardly extending bond segment, and (d) a fourth opening extending through the outer perimeter bond at the fourth inwardly extending bond segment, wherein the third inwardly extending bond segment and the third opening extend toward the fourth inwardly extending bond segment and the fourth opening, and wherein a second fluid passage is defined within the second securing strap between the third inwardly extending bond segment and the fourth inwardly extending bond segment in order to yield the predictable result of a bladder component that is capable of being secured by either or both of the first and second securing straps. It is noted that MPEP 2144 states and in relevant part “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced”.
Claims 12, 16, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 5, and 6, respectively, of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is anticipated by the reference claim(s).
Regarding claim 12:
Claim 1 of the reference patent discloses:
A bladder component for an article of footwear, comprising (lines 1-2):
a first thermoplastic elastomer sheet (line 3); and
a second thermoplastic elastomer sheet joined to the first thermoplastic elastomer sheet by an outer perimeter bond, wherein an interior chamber is defined between the first thermoplastic elastomer sheet and the second thermoplastic elastomer sheet and inside of the outer perimeter bond, and wherein the outer perimeter bond is shaped such that the interior chamber forms (lines 4-10):
(i) a foot support chamber portion for supporting at least a portion of a plantar surface of a wearer's foot (lines 11-12), and
(ii) a first side chamber portion forming at least part of a first securing strap, wherein the first side chamber portion extends outward from a first side of the foot support chamber portion and is in fluid communication with the foot support chamber portion (lines 13-17).
Regarding claim 16:
Claim 5 of the reference patent discloses is dependent upon claim 1 of the reference patent, and claim 1 discloses The bladder component according to claim 12, as set forth above.
Claim 5 of the reference patent further discloses wherein the outer perimeter bond includes a first strap defining segment and a second strap defining segment, wherein an opening separates the first strap defining segment from the second strap defining segment and separates the first securing strap from the second securing strap (claim 5 lines 2-6).
Regarding claim 20:
Claim 6 of the reference patent discloses is dependent upon claim 1 of the reference patent, and claim 1 discloses The bladder component according to claim 12, as set forth above.
Claim 6 of the reference patent further discloses wherein the outer perimeter bond includes:(i) a first bond segment separating the foot support chamber portion and the first side chamber portion at the first side of the foot support chamber portion, and (ii) a second bond segment separating the foot support chamber portion and the first side chamber portion at the first side of the foot support chamber portion, wherein a first side fluid passageway extends between the first bond segment and the second bond segment to place the first side chamber portion in fluid communication with the foot support chamber portion (claim 6 lines 2-11).
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,317,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is anticipated by the reference claim(s).
Regarding claim 19:
Claim 10 of the reference patent is dependent upon claim 9 of the reference patent, and claim 9 of the reference patent discloses The bladder component according to claim 17, as set forth above.
Claim 10 of the reference patent further discloses wherein at the first strap free end, the outer perimeter bond includes: (a) a first inwardly extending bond segment (claim 9 lines 33-34), (b) a first opening extending through the outer perimeter bond at the first inwardly extending bond segment (claim 10 lines 5-6), (c) a second inwardly extending bond segment (claim 10 line 7), and (d) a second opening extending through the outer perimeter bond at the second inwardly extending bond segment, wherein the first inwardly extending bond segment and the first opening extend toward the second inwardly extending bond segment and the second opening, and wherein a first fluid passage is defined within the first securing strap between the first inwardly extending bond segment and the second inwardly extending bond segment (claim 10 lines 8-17).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4, in reciting “wherein the first side chamber portion and the second side chamber portion are releasably secured to one another” is not further limiting the subject matter of claim 3. It is noted that a given bladder component that meets the limitation “first side chamber portion and the second side chamber portion are releasably secured to one another in a hardware free manner” of claim 3 also meets the limitation “the first side chamber portion and the second side chamber portion are releasably secured to one another” of claim 4.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Griffiths, US 2018/0014963] in view of [Watkins, US 2005/0048236].
Regarding claim 1:
Griffiths discloses (Figs. 1-5):
A bladder component 100 for an article of footwear, comprising:
a first plastic (para 29) sheet 101; and
a second plastic (para 29) sheet 102 joined to the first plastic sheet by an outer perimeter bond 103, wherein an interior chamber (the chamber between sheets 102 and 103 within which “fluid...air” is introduced; para 32) is defined between the first plastic sheet and the second plastic sheet and inside of (paras 29-31) the outer perimeter bond 103, and wherein the outer perimeter bond is shaped such that the interior chamber forms:
(i) a foot support chamber portion (see annotated Fig. 1 – a below) for supporting at least a portion of a plantar surface of a wearer's foot (“the underside of the wearer’s foot”; para 36), wherein the foot support chamber portion includes a first side (see annotated Fig. 1 – a below) and a second side (see annotated Fig. 1 – a below) located opposite the first side (Figs. 1-5), and
(ii) a first side chamber portion 301 forming at least part of a first footwear upper component 301, 302 (i.e. the first footwear upper component being the combined 301 and 302), wherein the first side chamber portion 301 extends outward from the first side of the foot support chamber portion (as in annotated Fig. 1 – a below) and is in fluid communication with the foot support chamber portion (Figs. 1-5; paras 29-31).
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Griffiths does not expressly disclose the first sheet is a first thermoplastic elastomer sheet.
Griffiths does not expressly disclose the second sheet is a second thermoplastic elastomer sheet.
However and in further view of Griffiths: Griffiths discloses the sheets are plastic and are “polyurethane” (para 29). Griffiths is silent as to whether said polyurethane is a thermoplastic elastomer or not.
Watkins teaches plural layers of an inflatable bladder wherein sheet layers 28, 32, 34 each comprise thermoplastic elastomer (“thermoplastic elastomers of the urethane variety...referred to...as thermoplastic urethanes or...TPU”; paras 58-59; para 63). Watkins further teaches a layer of thermoplastic elastomer is capable of protecting an adjacent layer (para 63), is suited for providing “high quality welds” (para 63) and is “preferred because of” its “excellent processability” (para 59).
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 bladder of Griffiths such that its first sheet is a first thermoplastic elastomer sheet and its second sheet is a second thermoplastic elastomer sheet in order to afford the bladder component the capability of protecting a structure adjacent to each sheet, to allow for high quality welds, and/or to permit ease of processing, as taught by Watkins (paras 59 and 63).
Regarding claim 2:
Griffiths in view of Watkins teaches The bladder component according to claim 1, as set