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 .
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 ramped surface (Claims 8-10 and 18-19) 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.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swigart (US 2002/0053146).
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 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).
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 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]).
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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Conclusion
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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