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 .
Election/Restrictions
Applicant’s election without traverse of Species 11: Fig.22 in the reply filed on March 4, 2026 is acknowledged.
After a full review of Applicant’s disclosure, Claims 4-6, 11-13, and 17-28 are withdrawn. Claims 4-6 and 11-13 are drawn to non-elected Species 1: Fig.3. Claims 17-28 appear to be drawn to non-elected Species 8: Fig.19; additionally. there is no mention of knit bands anywhere in the instant specification, much less with regard to the elected Species 11: Fig.22. Claims 1-3, 7-10, and 14-16 are currently pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
1. Claim(s) 1-3, 7-10, and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huffa (US 2012/0233882).
Regarding Claim 1, Huffa discloses an upper (120) for footwear, comprising: a knitted component (131), comprising: a first portion (i.e. throat portion at 135) comprising an inner region of the upper; a second portion (i.e. peripheral portion at 133) comprising an outer region of the upper (para.41); and a plurality of strand segments (132) that are inlaid in the knitted component (para.40), the plurality of strand segments extending radially-outward from the first portion and into the second portion (as seen in Fig.6).
Regarding Claim 2, Huffa discloses an upper of claim 1, wherein the knitted component further comprises a plurality of knitted courses extending radially-outward from the first portion and toward the second portion, and arranged continuously between opposite ends of the upper (para.44; as seen in Fig.6 & 8B).
Regarding Claim 3, Huffa discloses an upper of claim 1, wherein the plurality of strand segments (132) are at least partially exposed on the upper (as seen in Fig.8B, 132 is exposed between wales).
Regarding Claim 7, Huffa discloses an upper of claim 1, wherein the first portion comprises a throat edge (135) of the upper, and wherein the plurality of strand segments (132) extend radially-outward around the throat edge (as seen in Fig.6).
Regarding Claim 8, Huffa discloses an article of footwear, comprising: an upper (120), comprising: a knitted component (131), comprising: a first portion (i.e. throat portion at 135) comprising an inner region of the upper; a second portion (i.e. peripheral portion at 133) comprising an outer region of the upper (para.41); and a plurality of strand segments (132) that are inlaid in the knitted component (para.40), the plurality of strand segments extending radially-outward from the first portion and into the second portion (as seen in Fig.6).
Regarding Claim 9, Huffa discloses an article of footwear of claim 8, wherein the knitted component further comprises a plurality of knitted courses extending radially-outward from the first portion and toward the second portion, and arranged continuously between opposite ends of the upper (para.44; as seen in Fig.6 & 8B).
Regarding Claim 10, Huffa discloses an article of footwear of claim 8, wherein the plurality of strand segments (132) are at least partially exposed on the upper (as seen in Fig.8B, 132 is exposed between wales).
Regarding Claim 14, Huffa discloses an article of footwear of claim 8, wherein the first portion comprises a throat edge (135) of the upper, and wherein the plurality of strand segments (132) extend radially-outward around the throat edge (as seen in Fig.6).
Regarding Claim 15, Huffa discloses an article of footwear of claim 8, wherein the upper comprises at least one fused area (139; para.51-152).
Regarding Claim 16, Huffa discloses an article of footwear of claim 8, wherein the knitted component comprises one or more fusible yarns (139; para.51)(as seen in Fig.8B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MEGAN E LYNCH/Primary Examiner, Art Unit 3732
Prosecution Insights