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 .
Status of Claims
This Office Action is in response to claims 1-20, filed 12 May 2025, which are pending in this application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “U-shaped edge of the collar is removed from and above the heel stabilizer on the first side of the article of footwear” of claim 16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
¶0051 should recite, “The U-shaped edge of the collar 72 is removed from and is positioned above the heel stabilizer 59 on the medial side of the shoe 10,”.
Appropriate correction is required.
Claim Objections
Claim(s) 4 is/are objected to because of the following informalities:
Claim 4, line 3, should recite, the heel stabilizer on a [[the]] second side of the article of footwear”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 4-6, 15-16, and 18 (and claims 7-8, 17, and 19 at least for depending from a rejected claim) is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4-6 is/are indefinite as it/they recite(s) “a gap”. It is unclear if this gap is the same structure for each claim or a different structure for each claim. Claim 4 recites, “wherein a gap is formed between the heel stabilizer and the heel gate”, claim 5 recites, “wherein a gap is included as part of a side opening to the foot cavity on the lateral side of the article of footwear”, and claim 6 recites, “wherein the gap is a first gap in the side opening, the side opening further including a second gap between the heel gate and the midfoot portion on the lateral side of the article of footwear.” It is unclear if the gap of claim 6 is the gap of claim 4 or 5. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, for claim 4, “wherein a first gap is formed between the heel stabilizer and the heel gate”; for claim 5, “wherein a second gap is included as part of a side opening to the foot cavity on the lateral side of the article of footwear”, and for claim 6, “wherein the first gap is the second gap between the heel gate and the midfoot portion on the lateral side of the article of footwear” consistent with ¶0049-0050 of Applicant’s Specification. Clarification is respectfully requested.
Independent Claim 15 is/are indefinite as it/they recite(s) “and a collar defining an opening to the foot cavity, the collar extending along the throat, the first quarter wall, the heel portion, and the second quarter wall, the collar forming a U-shaped edge extending between the throat and the heel portion above the first quarter wall and a J-shaped edge extending between the throat and the heel portion rearward of the second quarter wall such that the opening to the foot cavity is enclosed in the quarter region along the first side of the article of footwear and open in the quarter region along the second side of the article of footwear”. It is unclear what structure the J-shaped edge is a part of. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “and a collar defining an opening to the foot cavity, the collar extending along the throat, the first quarter wall, the heel portion, and the second quarter wall, the collar forming a U-shaped edge extending between the throat and the heel portion above the first quarter wall, the collar further defining [[and]] a J-shaped edge extending between the throat and the heel portion rearward of the second quarter wall such that the opening to the foot cavity is enclosed in the quarter region along the first side of the article of footwear and open in the quarter region along the second side of the article of footwear”.
Claim 16 is/are indefinite as it/they recite(s) “wherein the U-shaped edge of the collar is removed from and above the heel stabilizer on the first side of the article of footwear”. It is unclear what is meant by “removed from and above”. It is unclear if the U-shaped edge of the collar is or is not above the heel stabilizer on the first side of the article of footwear. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein the U-shaped edge of the collar is
Claim 18 recites the limitation “the at least one strap further extends” in line 1. There is insufficient antecedent basis for this limitation in the claim as there is no “an at least one strap extending” previously recited in claim 15 from which claim 18 depends. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “[[the]] an at least one strap further extends”.
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.
Claim(s) 1-12 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grenzke US 20100319216.
Regarding Independent Claim 1, Grenzke discloses an article of footwear (Figs. 1-6 #10) comprising: a sole structure (Figs. 1-6 #14/16; ¶0017); an upper connected to the sole structure (Figs. 1-6 #18; ¶0017), wherein a foot cavity is formed by the upper and the sole structure (Figs. 1-6 #62; ¶0022), the upper including: a forefoot portion (Figs. 1-6 #34), a midfoot portion connected to the forefoot portion (Figs. 1-6 #42), and a heel portion connected to the midfoot portion (Figs. 1-6 #38), the heel portion including a first wall (Figs. 1-6 #90) on a first side of the heel portion (Figs. 1-6 #50 right/medial; ¶0024), a rear wall (Figs. 1-6 #86), and a heel gate (Figs. 1-6 #94) on a second side of the heel portion (Figs. 1-6 #54 left/lateral; ¶0024), the heel gate configured to move between an open position (Fig. 3; ¶0025) wherein the heel gate is further removed from the midfoot portion (Fig. 3) and a closed position (Fig. 3; ¶0025) wherein the heel gate is closer to the midfoot portion (Fig. 3); and a closure mounted on the midfoot portion (Fig. 6 #22), wherein tightening the closure draws the heel gate forward toward the closed position (¶0026).
Regarding Claim 2, Grenzke discloses the article of footwear of claim 1 wherein the closure includes a reel (Figs. 106 #110) wherein rotation of the reel further draws the heel gate forwardly and inwardly as it moves from the open position toward the closed position (¶0017, 0026).
Regarding Claim 3, Grenzke discloses the article of footwear of claim 1, the heel portion further including a heel stabilizer adjacent to the sole structure (Figs. 1-6 #98), wherein the heel stabilizer forms a lower portion of the first wall (Grenzke Annot. Fig. 3) and extends around the heel portion to a position under the heel gate (Fig. 3).
Regarding Claim 4, Grenzke discloses the article of footwear of claim 3 wherein a gap (Grenzke Annot. Fig. 3) is formed between the heel stabilizer and the heel gate (Fig. 3) such that the heel gate is configured to pivot relative to the heel stabilizer on a [[the]] second side of the article of footwear (Fig. 3; ¶0029).
Regarding Claim 5, Grenzke discloses the article of footwear of claim 4 wherein the first side is a medial side (Fig. 3), wherein the second side is a lateral side (Fig. 3) and wherein a gap is included as part of a side opening (Grenzke Annot. Fig. 3) to the foot cavity on the lateral side of the article of footwear (Fig. 3).
Regarding Claim 6, Grenzke discloses the article of footwear of claim 5 wherein the gap is a first gap in the side opening (Grenzke Annot. Fig. 3), the side opening further including a second gap (Grenzke Annot. Fig. 3) between the heel gate and the midfoot portion on the lateral side of the article of footwear (Fig. 3).
Regarding Claim 7, Grenzke discloses the article of footwear of claim 6 wherein a width of the second gap (Grenzke Annot. Fig. 3) is larger than a width of the first gap (Grenzke Annot. Fig. 3).
Regarding Claim 8, Grenzke discloses the article of footwear of claim 5, the upper further including a collar (Grenzke Annot. Fig. 3) defining a top opening to the foot cavity (Figs. 1-6), the collar extending along perimeter portions of the midfoot portion and the heel portion (Fig. 3), the top opening integral with the side opening (Figs. 1-6) such that the top opening and the side opening form a unitary foot opening to the foot cavity (Figs. 1-6).
Regarding Claim 9, Grenzke discloses the article of footwear of claim 1 further comprising a lace (Figs. 1-6 #114) that extends between the closure and the heel gate (Figs. 1-6).
Regarding Claim 10, Grenzke discloses the article of footwear of claim 9 wherein the lace extends through a vertical lace channel on the heel gate (Grenzke Annot. Fig. 3 shows the shape of the channel is vertical).
Regarding Claim 11, Grenzke discloses the article of footwear of claim 10 wherein the rear wall of the heel portion further includes a heel tab (Figs. 1-6 #102) that extends upwardly above the first wall and the heel gate (Figs. 1-6), and wherein the vertical lace channel is arranged below the heel tab (Fig. 3).
Regarding Claim 12, Grenzke discloses the article of footwear of claim 9 wherein the closure comprises a reel (Figs. 1-6 #22/110) including a base (Grenzke Annot. Fig. 3; ¶0027) and a dial (Grenzke Annot. Fig. 3) moveable between an engaged position (¶0026-0028) and a disengaged position (¶0026-0028), wherein: when the dial is in the engaged position, rotation of the dial moves the reel to subsequent incremental ratchet positions and winds the lace on the reel (¶0026-0028); and when the dial is in the disengaged position, the dial is freely rotatable and the lace is freely moveable relative to the reel (¶0026-0028).
Regarding Independent Claim 15, Grenzke discloses an article of footwear (Figs. 1-6 #10) configured to receive a foot of a wearer (¶0003), the article of footwear comprising: a sole structure (Figs. 1-6 #16; ¶0017); an upper coupled to the sole structure (Figs. 1-6 #18; ¶0017) such that the upper and the sole structure form a foot cavity (Figs. 1-6 #66; ¶0022), the upper including: a vamp region (Figs. 1-6 #18 in region #34) configured to extend across toes of the foot of the wearer (Figs. 1-6); a quarter region coupled to the vamp region (Figs. 1-6 #18 in region #42), the quarter region including a first quarter wall (Figs. 1-6 medial side of #18 in area #42) on a first side of the article of footwear (Figs. 1-6 #50) and a second quarter wall (Figs. 1-6 lateral side of #18 in area #42) on a second side of the article of footwear opposite the first side (Figs. 1-6 #54); a throat (Figs. 1-6 #58) arranged on a dorsal side of the article of footwear (Figs. 1-6; Grenzke Annot. Fig. 3) and extending along the quarter region (Fig. 6); a heel portion coupled to the quarter region (Figs. 1-6 #38); and a collar (Grenzke Annot. Fig. 3) defining an opening to the foot cavity (Figs. 1-6 #62; ¶0022), the collar extending along the throat, the first quarter wall, the heel portion, and the second quarter wall (Figs. 1-6), the collar forming a U-shaped edge (Fig. 4) extending between the throat and the heel portion above the first quarter wall (Fig. 5 appears U-shaped when opened) and a J-shaped edge (Fig. 3) extending between the throat and the heel portion rearward of the second quarter wall (Fig. 3 appears J-shaped when closed) such that the opening to the foot cavity is enclosed in the quarter region along the first side of the article of footwear (Figs. 1-6 show the foot cavity #66 is enclosed at least partially by the heel portion #38 when the heel portion is up) and open in the quarter region along the second side of the article of footwear (Figs. 1-6 show the foot cavity #66 is partially open by the heel portion #38 when the heel portion is up).
Regarding Claim 16, Grenzke discloses the article of footwear of claim 15 further comprising a heel stabilizer (Figs. 1-6 #98) extending along the heel portion from the first side to the second side of the article of footwear (Figs. 1-6), wherein the U-shaped edge of the collar is removed from and above the heel stabilizer on the first side of the article of footwear (Figs. 1-6), and wherein the J-shaped edge extends to the heel stabilizer on the second side of the article of footwear (Figs. 1-6).
Regarding Claim 17, Grenzke discloses the article of footwear of claim 15 wherein a gusseted tongue (Figs. 1-6 #78) is arranged in the throat (Figs. 1-6) and coupled to the vamp region and the quarter region (¶0022), and wherein the upper further includes at least one strap (Figs. 1-5 #82) coupled to the quarter region and extending across the throat (Figs. 1-5).
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soderberg US 20160044994.
Regarding Independent Claim 20, Soderberg discloses an article of footwear (Figs. 4A-4B #200) comprising: a sole structure (Fig. 4A shows the outsole; ¶0060); and an upper connected to the sole structure (Fig. 4A shows the upper), the upper including: at least one midfoot strap (Fig. 4A #210); and at least one heel strap (Fig. 4A #236); a first closure mounted on the upper (Fig. 4A #240) and configured to tighten a first lace (Fig. 4A #242) engaging the at least one midfoot strap (Figs. 4A-4B; ¶0059-0060); and a second closure (Figs. 4A-4B #202) mounted on the upper (Figs. 4A-4B) and configured to tighten a second lace (Fig. 4A #204) engaging the at least one heel strap (Fig. 4A; ¶0059-0060).
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) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grenzke as applied to claims 1, 9, and 12 above, and further in view of Soderberg.
Regarding Claim 13, Grenzke discloses the article of footwear of claim 12, wherein there is a medial side of the article of footwear (Figs. 1-6 #50) to a dorsum portion of the article of footwear (Grenzke Annot. Fig. 3), wherein the reel is a first reel (Fig. 6 #22/110 upper) and the lace is a first lace (Fig. 6 #114), the article of footwear further including a second reel (Fig. 6 #122) and a second lace (Fig. 6 #126), wherein rotation of the second reel draws the plurality of straps toward a lateral side of the article of footwear (¶0030).
Grenzke does not expressly disclose that the midfoot portion includes a plurality of straps extending from the medial side of the article of footwear.
Soderberg teaches an article of footwear (Figs. 4A-4B #200) with reels (Figs. 4A-4B #202/240) and laces (Fig. 4A #242/204) wherein a plurality of straps (Figs. 4A-4B #236/210) extend from a medial side of the article of footwear (Figs. 4A-4B).
Both Grenzke and Soderberg teach analogous inventions in the art of footwear with reels and laces. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Grenzke with the teachings of Soderberg such that the midfoot portion would have a plurality of straps that extend from the medial side so that, “[T]he fit and/or performance of the shoe may also be improved by increasing the wrap or fit of the shoe about the foot's arch. To increase the wrap or closure of the shoe about the foot's arch, the shoe may be pulled closed toward both the upper and the outsole. Pulling the shoe toward the upper may ensure that the shoe wraps tightly and comfortably around the runner's foot while pulling the shoe toward the outsole may increase the closure or contact of the shoe about the foot's arch. The result of such closure or wrapping of the shoe may be an enhanced sock-like feel of the shoe about the foot. This closure may further reduce slippage of the foot within the shoe and/or enhance the foot's sensitivity within the shoe,” (Soderberg ¶0033).
Regarding Claim 14, the modified article of footwear of Grenzke discloses the article of footwear of claim 13 wherein the first reel is positioned rearward of the second reel on the midfoot portion on the lateral side of the article of footwear (Figs. 1-6).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grenzke as applied to claim 15 above, and further in view of Soderberg.
Regarding Claim 18, Grenzke discloses the article of footwear of claim 15, but does not expressly disclose wherein the at least one strap further extends around the heel portion from the first side to the second side of the article of footwear such that a first end of the at least one strap is arranged on the quarter region, an apex of the at least one strap is arranged on the throat, and a second end of the at least one strap is arranged on the heel portion.
Soderberg teaches an article of footwear (Figs. 4A-4B #200) with reels (Figs. 4A-4B #202/240) and laces (Fig. 4A #242/204) wherein at least one strap (Figs. 4A-4B #236) further extends around the heel portion from the first side to the second side of the article of footwear (Figs. 1-4B; Examiner notes that the strap configuration in Figs. 1-3B are the same as Fig. 4A-B, with the difference being the second reel; See ¶0059-0060) such that a first end of the at least one strap (Fig. 2 #124) is arranged on the quarter region (Fig. 2), an apex of the at least one strap (Fig. 2 #116) is arranged on the throat (Fig. 2), and a second end of the at least one strap (Fig. 4A #236 end with guides #108) is arranged on the heel portion (Fig. 4A).
Both Grenzke and Soderberg teach analogous inventions in the art of footwear with reels and laces. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Grenzke with the teachings of Soderberg such that at least one strap would extend around the heel portion from the first side to the second side of the article of footwear such that a first end of the at least one strap is arranged on the quarter region, an apex of the at least one strap is arranged on the throat, and a second end of the at least one strap is arranged on the heel portion so that, “[T]he fit and/or performance of the shoe may also be improved by increasing the closure of the shoe's collar about the runner's foot… the collar may be pulled or squeezed about the runner's ankle and/or the shoe's heel may be pulled forward and against the runner's heel. Increasing the closure of the shoe's collar about the runner's ankle and/or pulling the shoe's heel against the runner's heel may aid in reducing or eliminating slippage of the foot within the shoe, which may increase the transfer of power from the runner's foot to the ground,” (Soderberg ¶0035).
Regarding Claim 19, the modified article of footwear of Grenzke discloses the article of footwear of claim 18 further comprising a first lace (Fig. 6 #114) wound on a first reel (Fig. 6 #22/110) and a second lace (Fig. 6 #126) wound on a second reel (Fig. 6 #122), and wherein the first reel and the second reel are both arranged in the quarter region on the second side of the article of footwear (Fig. 6).
Grenzke does not expressly disclose wherein the first lace is coupled to the first end of the at least one strap and the second lace coupled to the second end of the at least one strap.
Soderberg teaches an article of footwear (Figs. 4A-4B #200) with reels (Figs. 4A-4B #202/240) and laces (Fig. 4A #242/204) wherein the first lace is coupled to the first end of the at least one strap (Figs. 1-4B) and the second lace coupled to the second end of the at least one strap (Figs. 1-4B).
Both Grenzke and Soderberg teach analogous inventions in the art of footwear with reels and laces. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Grenzke with the teachings of Soderberg such that the first lace is coupled to the first end of the at least one strap and the second lace coupled to the second end of the at least one strap so that, “the shoe's lace has an asymmetric path or pattern about the foot. The asymmetric path or pattern may be achieved by moving the lace path away from the shoe's tongue and toward the lateral side of the shoe. Repositioning the shoe's lace in this manner moves the lace away from the top of the foot, which is typically more sensitive than the lateral side of the foot due to the position of foot's nerves. Because the lace is positioned away from the top of the foot, the lace is not pressed downward atop the nerves, which may reduce nerve pressure and/or pain. The asymmetric lace positioning or path may also aid in pulling or wrapping the shoe about the foot's arch and/or in closing the shoe about the base of the metatarsal bones,” (Soderberg ¶0034).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bidal US 20240099420 teaches a shoe with reels, laces, and straps
Dombrow US 20230172313 teaches a shoe with reels, laces, and straps
Fallon US 20180295943 teaches a shoe with reels, laces, and straps
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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