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 amendments filed on 06/26/2026 have been entered. Claims 1-20 remain pending in the application, with Claims 1 and 11 being newly amended. Applicant’s arguments and amendments to the Claims have overcome each and every objection previously set forth in the Non-final Office Action mailed 04/08/2026.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swigart (US 2002/0053146) in view of Peyton et al. (US 2011/0277346).
Regarding Claim 1, Swigart teaches a sole structure (85) comprising: a fluid-filled chamber (10) including a first lobe (see annotated Fig.) and a second lobe (see annotated Fig.) located at an anterior end of the fluid-filled chamber and being separated by a first concave recess (see annotated Fig.) (annotated fig. 2A shows the first and second lobes at the anterior end of the chamber being separated by a first concave recess), a third lobe (see annotated Fig.) and a fourth lobe (see annotated Fig.) located at a posterior end of the fluid-filled chamber and being separated by a second concave recess (see annotated Fig.) (annotated fig. 2A shows the third and fourth lobes at the posterior end of the chamber being separated by a second concave recess), and an expansion chamber (16) including a flat upper wall (see annotated Fig.) and a lower wall (see annotated Fig.) (annotated fig. 2B shows the expansion chamber (16) with a flat upper wall and a lower wall); and a midsole (60) including a cavity (paragraph [0022] teaches “Bladder system 10 is located in the heel region 81 of footwear 80 and is incorporated therein by any conventional technique such as foam encapsulation or placement in a cut-out portion of a foam midsole,” wherein the cut out portion of the foam midsole clearly forms a cavity), the cavity defined by a first recess (see annotated Fig.) receiving the first lobe, a second recess (see annotated Fig.) receiving the second lobe, a third recess (see annotated Fig.) receiving the third lobe, a fourth recess (see annotated Fig.) receiving the fourth lobe (annotated fig. 6 shows the first, second, third, and fourth recesses in the midsole receiving their respective lobes), and a fifth recess (see annotated Fig.) defined by a first wall (see annotated Fig.) extending from the third recess and second wall extending (see annotated Fig.) from the fourth recess and receiving the lower wall of the expansion chamber (annotated fig. 6 shows the first and second walls extending from the third and fourth recesses, respectively, to receive the lower wall of the expansion chamber), the first wall and the second wall converging toward one another in a direction extending toward a posterior end of the sole structure (annotated fig. 6 shows the first and second walls converging toward one another in a direction extending toward the posterior end).
Swigart does not explicitly teach wherein the cavity is formed in a top surface of the midsole.
Attention is drawn to Peyton et al. which teaches an analogous sole structure. Peyton et al. teaches a sole structure (30) comprising: a fluid-filled chamber (146) including a first lobe (see annotated Fig.) and a second lobe (see annotated Fig.) located at an anterior end of the fluid-filled chamber and being separated by a first concave recess (see annotated Fig.) (annotated fig. 3 shows the first and second lobes at the anterior end of the chamber being separated by a first concave recess), a third lobe (see annotated Fig.) and a fourth lobe (see annotated Fig.) located at a posterior end of the fluid-filled chamber and being separated by a second concave recess (annotated fig. 3 shows the third and fourth lobes being located at a posterior end of the chamber and being separated by a second concave recess), and an expansion chamber (152) including a flat upper wall and a lower wall (fig. 3 shows the expansion chamber (152) including a flat upper wall and a lower wall); and a midsole (144) including a cavity (170) formed in a top surface of the midsole (fig. 6 shows the cavity (170) being formed in the top surface of the midsole), the cavity defined by a first recess (see annotated Fig.) receiving the first lobe, a second recess (see annotated Fig.) receiving the second lobe, a third recess (see annotated Fig.) receiving the third lobe, a fourth recess (see annotated Fig.) receiving the fourth lobe, and a fifth recess (see annotated Fig.) receiving the lower wall of the expansion chamber (annotated fig. 6 shows each of the first through fifth recesses being configured to receive each portion of the fluid filled chamber as claimed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Swigart to include the teachings of Peyton et al. such that the cavity is formed in a top surface of the midsole so as to allow greater cushioning and shock absorption by placing the fluid filled chamber into closer proximity to the wearer’s foot, especially as Swigart teaches that the fluid filled chamber may be incorporated into the midsole by use of any conventional technique (paragraph [0022], “Bladder system 10 is located in the heel region 81 of footwear 80 and is incorporated therein by any conventional technique” (emphasis added)).
Regarding Claim 2, Swigart teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Swigart further teaches wherein the first concave recess (see annotated Fig.) and the second concave recess (see annotated Fig.) extend in a direction toward one another along a longitudinal axis of the fluid-filled chamber (annotated fig. 2A shows the first and second concave recesses extending in a direction toward one another along a longitudinal axis of the fluid filled chamber).
Regarding Claim 3, Swigart teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Swigart further teaches wherein the first concave recess (see annotated Fig.) and the second concave recess (see annotated Fig.) are aligned with one another along a longitudinal axis of the fluid-filled chamber (annotated fig. 2A shows the first and second concave recesses being aligned with one another along a longitudinal axis of the fluid filled chamber).
Regarding Claim 4, Swigart teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Swigart further teaches wherein the fluid-filled chamber includes a peripheral wall (see annotated Fig.) having a planar medial side (see annotated Fig.) and a planar lateral side (see annotated Fig.), each of the planar medial side and the planar lateral side extending continuously between the anterior end of the fluid-filled chamber and the posterior end of the fluid-filled chamber (annotated fig. 2A shows the planar medial and lateral sides of the peripheral wall extending continuously between the anterior and posterior ends of the fluid filled chamber).
Regarding Claim 5, Swigart teaches all of the limitations of the sole structure of Claim 4, as discussed in the rejections above. Swigart further teaches wherein the peripheral wall (see annotated Fig.) forms the first concave recess and the second concave recess (annotated fig. 2A shows the peripheral wall forming the first and second concave recesses).
Regarding Claim 6, Swigart teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Swigart further teaches wherein the first lobe (see annotated Fig.), the second lobe (see annotated Fig.), the third lobe (see annotated Fig.), and the fourth lobe (see annotated Fig.) each includes a distal end defining a convex surface (fig. 43 shows the first, second, third, and fourth lobes each including a distal end defining a convex surface).
Regarding Claim 7, Schindler et al. teaches all of the limitations of the sole structure of Claim 6, as discussed in the rejections above. Schindler et al. further teaches wherein the first recess (see annotated Fig.), the second recess (see annotated Fig.), the third recess (see annotated Fig.), and the fourth recess (see annotated Fig.) each include a concave wall opposing the convex surface of the respective first lobe, second lobe, third lobe, and fourth lobe (Annotated fig. 6 shows the first, second, third, and fourth recesses each including a concave wall opposing the convex surface of the respective first, second, third, and fourth lobes).
Regarding Claim 8, Swigart teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Swigart further teaches wherein the fifth recess is further defined by a ramped surface (see annotated Fig.) extending between and connecting the first wall (see annotated Fig.) and the second wall (see annotated Fig.) (Annotated fig. 39C shows the fifth recess defined by a ramped surface, the surface being ramped as it extends at an angle, extending between and connecting the first and second walls and clearly extending below the fluid filled chamber between the first and second walls).
Regarding Claim 9, Swigart teaches all of the limitations of the sole structure of Claim 8, as discussed in the rejections above. Swigart further teaches wherein the ramped surface (see annotated Fig.) opposes a substantially planar surface of the lower wall (see annotated Fig.) (annotated fig. 6 does shows a portion of the ramped surface, with the midsole also clearly extends below the lower wall, and therein opposes the lower wall, wherein the lower wall is clearly planar as Swigart teaches the fluid filled bladder has a “generally flat configuration” (paragraph [0026])).
Regarding Claim 10, Swigart teaches all of the limitations of the sole structure of Claim 8, as discussed in the rejections above. Swigart further teaches wherein the ramped surface (see annotated Fig.) includes a substantially constant taper (fig. 2A shows the ramped surface having a substantially constant taper).
Regarding Claim 11, Swigart teaches a sole structure (85) comprising: a fluid-filled chamber (10) including a first lobe (see annotated Fig.) and a second lobe (see annotated Fig.) located at an anterior end of the fluid-filled chamber and being separated by a first concave recess (see annotated Fig.) (annotated fig. 2A shows the first and second lobes at the anterior end of the chamber being separated by a first concave recess), a third lobe (see annotated Fig.) and a fourth lobe (see annotated Fig.) located at a posterior end of the fluid-filled chamber and being separated by a second concave recess (see annotated Fig.) (annotated fig. 2A shows the third and fourth lobes at the posterior end of the chamber being separated by a second concave recess), and an expansion chamber (16) including a flat upper wall (see annotated Fig.) and a lower wall (see annotated Fig.) (annotated fig. 2B shows the expansion chamber (16) with a flat upper wall and a lower wall); and a midsole including a cavity (paragraph [0022] teaches “Bladder system 10 is located in the heel region 81 of footwear 80 and is incorporated therein by any conventional technique such as foam encapsulation or placement in a cut-out portion of a foam midsole,” wherein the cut out portion of the foam midsole clearly forms a cavity), the cavity defined by a first recess (see annotated Fig.) receiving the first lobe, a second recess (see annotated Fig.) receiving the second lobe, a third recess (see annotated Fig.) receiving the third lobe, a fourth recess (see annotated Fig.) receiving the fourth lobe (annotated fig. 6 shows the first, second, third, and fourth recesses in the midsole receiving their respective lobes), and a fifth recess (see annotated Fig.) defined by a first wall (see annotated Fig.) extending from the third recess, a second wall (see annotated Fig.) extending from the fourth recess (annotated fig. 6 shows the first and second walls extending from the third and fourth recesses, respectively), and a ramped surface (see annotated Fig.) extending between and connecting the first wall and the second wall (Annotated fig. 39C shows the fifth recess defined by a ramped surface, the surface being ramped as it extends at an angle, extending between and connecting the first and second walls and clearly extending below the fluid filled chamber between the first and second walls), the fifth recess receiving the expansion chamber with a substantially planar surface of the lower wall opposing the ramped surface (annotated fig. 6 shows the fifth recess receiving the expansion chamber, with the ramped surface clearly extending below and therein opposing the lower wall, wherein the lower wall is clearly planar as Swigart teaches the fluid filled bladder has a “generally flat configuration” (paragraph [0026]).
Swigart does not explicitly teach wherein the cavity is formed in a top surface of the midsole.
Attention is drawn to Peyton et al. which teaches an analogous sole structure. Peyton et al. teaches a sole structure (30) comprising: a fluid-filled chamber (146) including a first lobe (see annotated Fig.) and a second lobe (see annotated Fig.) located at an anterior end of the fluid-filled chamber and being separated by a first concave recess (see annotated Fig.) (annotated fig. 3 shows the first and second lobes at the anterior end of the chamber being separated by a first concave recess), a third lobe (see annotated Fig.) and a fourth lobe (see annotated Fig.) located at a posterior end of the fluid-filled chamber and being separated by a second concave recess (annotated fig. 3 shows the third and fourth lobes being located at a posterior end of the chamber and being separated by a second concave recess), and an expansion chamber (152) including a flat upper wall and a lower wall (fig. 3 shows the expansion chamber (152) including a flat upper wall and a lower wall); and a midsole (144) including a cavity (170) formed in a top surface of the midsole (fig. 6 shows the cavity (170) being formed in the top surface of the midsole), the cavity defined by a first recess (see annotated Fig.) receiving the first lobe, a second recess (see annotated Fig.) receiving the second lobe, a third recess (see annotated Fig.) receiving the third lobe, a fourth recess (see annotated Fig.) receiving the fourth lobe, and a fifth recess (see annotated Fig.) receiving the lower wall of the expansion chamber (annotated fig. 6 shows each of the first through fifth recesses being configured to receive each portion of the fluid filled chamber as claimed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Swigart to include the teachings of Peyton et al. such that the cavity is formed in a top surface of the midsole so as to allow greater cushioning and shock absorption by placing the fluid filled chamber into closer proximity to the wearer’s foot, especially as Swigart teaches that the fluid filled chamber may be incorporated into the midsole by use of any conventional technique (paragraph [0022], “Bladder system 10 is located in the heel region 81 of footwear 80 and is incorporated therein by any conventional technique” (emphasis added)).
Regarding Claim 12, Swigart teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Swigart further teaches wherein the first concave recess (see annotated Fig.) and the second concave recess (see annotated Fig.) extend in a direction toward one another along a longitudinal axis of the fluid-filled chamber (annotated fig. 2A shows the first and second concave recesses extending in a direction toward one another along a longitudinal axis of the fluid filled chamber).
Regarding Claim 13, Swigart teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Swigart further teaches wherein the first concave recess (see annotated Fig.) and the second concave recess (see annotated Fig.) are aligned with one another along a longitudinal axis of the fluid-filled chamber (annotated fig. 2A shows the first and second concave recesses being aligned with one another along a longitudinal axis of the fluid filled chamber).
Regarding Claim 14, Swigart teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Swigart further teaches wherein the fluid-filled chamber includes a peripheral wall (see annotated Fig.) having a planar medial side (see annotated Fig.) and a planar lateral side (see annotated Fig.), each of the planar medial side and the planar lateral side extending continuously between the anterior end of the fluid-filled chamber and the posterior end of the fluid-filled chamber (annotated fig. 2A shows the planar medial and lateral sides of the peripheral wall extending continuously between the anterior and posterior ends of the fluid filled chamber).
Regarding Claim 15, Swigart teaches all of the limitations of the sole structure of Claim 14, as discussed in the rejections above. Swigart further teaches wherein the peripheral wall (see annotated Fig.) forms the first concave recess and the second concave recess (annotated fig. 2A shows the peripheral wall forming the first and second concave recesses).
Regarding Claim 16, Swigart teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Swigart further teaches wherein the first lobe (see annotated Fig.), the second lobe ((see annotated Fig.), the third lobe (see annotated Fig.), and the fourth lobe (see annotated Fig.) each includes a distal end defining a convex surface (fig. 43 shows the first, second, third, and fourth lobes each including a distal end defining a convex surface).
Regarding Claim 17, Swigart teaches all of the limitations of the sole structure of Claim 16, as discussed in the rejections above. Schindler et al. further teaches wherein the first recess (see annotated Fig.), the second recess (see annotated Fig.), the third recess (see annotated Fig.), and the fourth recess (see annotated Fig.) each include a concave wall opposing the convex surface of the respective first lobe, second lobe, third lobe, and fourth lobe (Annotated fig. 6 shows the first, second, third, and fourth recesses each including a concave wall opposing the convex surface of the respective first, second, third, and fourth lobes).
Regarding Claim 18, Swigart teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Swigart further teaches wherein the ramped surface (see annotated Fig.) includes a substantially constant taper (fig. 2A shows the ramped surface having a substantially constant taper).
Regarding Claim 19, Swigart teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Swigart further teaches wherein the first wall (see annotated Fig.) and the second wall (see annotated Fig.) converge toward one another in a direction extending toward a posterior end of the sole structure (annotated fig. 6 shows the first and second walls converging toward one another in a direction extending toward the posterior end).
Regarding Claim 20, Swigart teaches an article of footwear (80) incorporating the sole structure (85) of Claim 11 (fig. 1 shows an article of footwear incorporating the sole structure as recited in Claim 1 above).
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Response to Arguments
Applicant submits that the ramped surface is shown in the drawings, specifically pointing to fig. 5 (see pg. 5 of remarks), and that as such the drawing objections should be withdrawn. Examiner finds this persuasive, and as such the drawing objections are withdrawn.
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
Regarding independent Claims 1 and 11, Applicant submits that Swigart does not teach a cavity formed in a top surface of the midsole, and therein does not teach all claimed limitations of Claims 1 and 11. Examiner submits that Swigart does teach a cavity (see rejection above), but agrees that Swigart does not teach the cavity being formed in the top surface of the midsole. However, such arguments are moot in view of the new grounds of rejection set forth above over Swigart in view of Peyton et al.
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 HALEY A SMITH whose telephone number is (571)272-6597. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HALEY A SMITH/Primary Examiner, Art Unit 3732
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