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 .
This is in response to Applicant’s amendment in which claims 1-9, 16, and 19-20 have been amended, claim 17 has been canceled, and claims 1-16 and 18-20 remain pending.
Terminal Disclaimer
The terminal disclaimer filed on 05/15/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Numbers 11,457,688 and 12,324,484 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claims 3, 5, 7, and 8 are objected to because of the following informalities:
Claim 3 recites the limitation “the plurality of protrusions are each formed of each comprise a thermoplastic material” (emphasis added for clarity). It appears that the limitation should read --the plurality of protrusions each comprise a thermoplastic material--.
Claim 5 recites the limitation “a plurality of eyelets openings.” It appears that this limitation should read either --a plurality of eyelets-- or --a plurality of eyelet openings--.
Claim 7 recites the limitation “the set of lace loops are all offset to one side of a longitudinal centerline of the upper the outer shroud is attached to the inner knit component.” There is no transition between the two distinct claim limitations.
Claim 8 recites the limitation “wherein each lace loop is formed by a tensile strand exposed on the inner knit component at least part of the inner throat region extends at an angle to a longitudinal axis of the upper.” There is no transition between the two distinct claim limitations.
Appropriate correction is required.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 5, 9, 10, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klug et al. (US 2017/0202311), herein Klug.
Regarding claim 1, Klug discloses an upper for an article of footwear (100), the upper comprising: an inner knit component (310); and an outer shroud (210) formed as a separate piece from the inner knit component and attached to the inner knit component, the outer shroud forming at least part of an outer-facing surface of the upper and at least partially covering and overlaying at least a throat region (wherein the outer shroud covers at least the outer edges of the throat region) formed by part of the inner knit component, wherein the outer shroud is at least partially formed of a knitted component (212) and comprises a plurality of protrusions (ridges of ridged tread) extending outward from on the outer-facing surface, and wherein a set of lace loops (324) are enclosed between the inner knit component and the outer shroud (paragraphs 0021, 0026, 0033; Fig. 1-5).
Regarding claim 3, Klug discloses that the plurality of protrusions each comprise a thermoplastic material that is fused to form a fused area (paragraph 0026).
Regarding claim 5, Klug discloses that the outer shroud comprises a plurality of eyelet openings (216) for receiving a lace fastening element (paragraph 0024; Fig. 2).
Regarding claim 9, Klug discloses an article of footwear (100), comprising: a sole structure (510); and an upper secured to the sole structure, the upper comprising: an inner knit component (310); and an outer shroud (210) comprising a knitted component (212), the outer shroud extending over a throat region formed by the inner knit component (wherein the outer shroud covers at least the outer edges of the throat region), the outer shroud comprising a plurality of protrusions (ridges of ridged tread) extending outward from an outer surface of the outer shroud, wherein a lacing system (324) is positioned beneath the outer shroud (paragraphs 0021, 0026, 0033; Fig. 1-5).
Regarding claim 10, Klug discloses that the plurality of protrusions are located on a knitted portion of the outer shroud (paragraph 0026).
Regarding claim 14, Klug discloses that the inner knit component includes at least one tensile strand (322) extending through a throat portion of the inner knit component (paragraphs 0030-0031; Fig. 3, 5).
Claim(s) 16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Follet et al. (US 2017/0071291), herein Follet.
Regarding claim 16, Follet discloses an article of footwear (100), comprising: a sole structure (110); and an upper (520) secured to the sole structure, the upper comprising: a knitted component (1000) at least partially forming: a lateral side of the upper, a medial side of the upper, and a throat region (1119) extending between the medial side and the lateral side, wherein at least part of the throat region extends at an angle relative to a longitudinal axis of the upper (Fig. 1), and towards one of the medial side and the lateral side, and wherein the upper further comprises an outer shroud (1700) extending over the throat region (wherein element 1700 extends over at least the outer edges of the throat region) and covering at least a portion of a fastening system (581/1003) positioned along the throat region (paragraphs 0055, 0059-0061, 0105-0107, 0119-0121; Fig. 1, 16, 17).
Regarding claim 19, Follet discloses that the outer shroud comprises a plurality of protrusions (wherein element 1700 conforms to projection structures 551 to form protrusions; Fig. 19, 20) extending from an outer surface of the outer shroud along the throat region (paragraphs 0106-0107; Fig. 1).
Regarding claim 20, Follet discloses that the outer shroud (1700) overlies the throat region (wherein the skin layer 1700 covers at least the outer edges of the throat region), such that the plurality of protrusions are positioned outward of the fastening system (paragraphs 0149; Fig. 1, 15, 19, 20).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Follet, as applied to claim 16, in view of Podhajny et al. (US 2014/0237856), herein Podhajny.
Regarding claim 18, Follet discloses that the knitted component comprises a tensile strand (1003) that forms a loop (579) defining an opening for receiving a fastening element (paragraphs 0111-0112, 0126-0127; Fig. 10, 17).
Follet does not disclose that the loop is two overlapping loops. Podhajny teaches an upper for an article of footwear including a fastening element (lace 126) which extend through an opening of the upper. The opening is formed from a loop (lace loop 141) of a tensile strand (inlaid strand 140) extending through the upper. The loops may comprise two loops which overlap to form a single opening for receipt of the fastening element. The pair of loops minimizes the effect of breakage of the inlaid strand, leaving a lace loop in case one loop breaks or fails (paragraph 0052; Fig. 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a pair of overlapping loops, as taught by Podhajny, as the tensile strand loops of Follet in order to minimizes the effect of breakage of the inlaid strand, leaving a lace loop in case one loop breaks or fails.
Claim(s) 1-2, 4-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klug et al. (US 2017/0202311), herein Klug, in view of Follet et al. (US 2017/0071291), herein Follet.
Regarding claim 1, Klug discloses an upper for an article of footwear (100), the upper comprising: an inner knit component (310); and an outer shroud (210) formed as a separate piece from the inner knit component and attached to the inner knit component, the outer shroud forming at least part of an outer-facing surface of the upper and at least partially covering and overlaying at least a throat region (wherein the outer shroud covers at least the outer edges of the throat region) formed by part of the inner knit component, wherein the outer shroud is at least partially formed of a knitted component (212), and wherein a set of lace loops (324) are enclosed between the inner knit component and the outer shroud (paragraphs 0021, 0026, 0033; Fig. 1-5).
Follet teaches an upper (520) for an article of footwear formed of a knitted component (1000) and comprising a plurality of protrusions (551) extending outward from the outer surface. The protrusions provide a textured area for controlling a ball and improved tactile sensation, distribute pressure evenly across the upper, provide resilient deformation to dampen and dissipate impact energy, and/or direct drainage of rainwater off of the upper (paragraphs 0055, 0059-0061, 0072-0073, 0105-0107, 0119-0121; Fig. 1, 4, 15-17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a knitted component having a plurality of protrusions, as taught by Follet, as the outer shroud of Klug, in order to provide a knitted component having textured area for controlling a ball and improved tactile sensation, distribute pressure evenly across the upper, provide resilient deformation to dampen and dissipate impact energy, and/or direct drainage of rainwater off of the upper.
Regarding claim 2, Klug discloses that the outer shroud comprises a knitted component, and Follet teaches that the plurality of protrusions comprise knit-formed protrusions (wherein the protrusions are formed with the knitted material of the knitted component).
Regarding claim 4, Follet teaches that a thermoplastic material (1700) is adhered to the outer-facing surface of the outer shroud (paragraphs 0151, 0200).
Regarding claim 5, Klug discloses that the outer shroud comprises a plurality of eyelet openings (216) for receiving a lace fastening element (paragraph 0024; Fig. 2).
Regarding claim 6, Follet teaches that the knitted component comprises a multi-layer knit structure (knitted component 1000 with skin layers 1600, 1700) (paragraphs 0157-0158; Fig. 15-16).
Regarding claim 7, Klug discloses that the outer shroud is attached to the inner knit component (Fig. 5). Klug does not disclose that the set of lace loops are all offset to one side of a longitudinal centerline of the upper. Follet teaches that at least part of an inner throat region can extend at an angle to a longitudinal axis of the upper, such that at least the lower eyelet openings are offset to one side of a longitudinal centerline of the upper (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extend the inner throat region of Klug at an angle to a longitudinal axis of the upper such that the set of lace loops are offset to one side of a longitudinal centerline, as taught by Follet, in order to provide improved ball contact area at the outer lateral side of the upper.
Regarding claim 8, Klug discloses that each lace loop is formed by a tensile strand (322) exposed on the inner knit component (paragraph 0032; Fig. 3). Klug does not disclose that at least part of the inner throat region extends at an angle to a longitudinal axis of the upper. Follet teaches that at least part of an inner throat region can extend at an angle to a longitudinal axis of the upper (Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extend the inner throat region of Klug at an angle to a longitudinal axis of the upper, as taught by Follet, in order to provide improved ball contact area at the outer lateral side of the upper.
Regarding claim 9, Klug discloses an article of footwear (100), comprising: a sole structure (510); and an upper secured to the sole structure, the upper comprising: an inner knit component (310); and an outer shroud (210) comprising a knitted component (212), the outer shroud extending over a throat region formed by the inner knit component (wherein the outer shroud covers at least the outer edges of the throat region), wherein a lacing system (324) is positioned beneath the outer shroud (paragraphs 0021, 0026, 0033; Fig. 1-5).
Follet teaches an upper (520) for an article of footwear formed of a knitted component (1000) and comprising a plurality of protrusions (551) extending outward from the outer surface. The protrusions provide a textured area for controlling a ball and improved tactile sensation, distribute pressure evenly across the upper, provide resilient deformation to dampen and dissipate impact energy, and/or direct drainage of rainwater off of the upper (paragraphs 0055, 0059-0061, 0072-0073, 0105-0107, 0119-0121; Fig. 1, 4, 15-17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a knitted component having a plurality of protrusions, as taught by Follet, as the outer shroud of Klug, in order to provide a knitted component having textured area for controlling a ball and improved tactile sensation, distribute pressure evenly across the upper, provide resilient deformation to dampen and dissipate impact energy, and/or direct drainage of rainwater off of the upper.
Regarding claim 10, Follet teaches that the plurality of protrusions are located on a knitted portion of the outer shroud.
Regarding claim 11, Klug does not disclose that the outer shroud comprises regions of different elasticities. Follet teaches that the knitted component can have regions (1022, 1024) of different elasticities, including increased stretch around the collar and throat regions (paragraphs 0139-0143; Fig. 17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide regions of different elasticities, as taught by Follet, to the outer shroud of Klug in order to provide increased elasticity in the collar and throat regions, allowing the shoe upper stretch to allow entry and exit of the foot into the shoe, and to better conform to the shape of the foot when worn.
Regarding claim 12, Follet teaches that the plurality of protrusions are secured to the outer shroud using a thermoplastic adhesive (paragraphs 0151, paragraph 0200).
Regarding claim 13, Follet teaches that the plurality of protrusions comprise a laminated structure (knitted component 1000 with skin layers 1600, 1700) (paragraphs 0157-0158; Fig. 15-16).
Regarding claim 14, Klug discloses that the inner knit component includes at least one tensile strand (322) extending through a throat portion of the inner knit component (paragraphs 0030-0031; Fig. 3, 5).
Regarding claim 15, Follet teaches that the plurality of protrusions are positioned at least on one of a medial side or lateral side of the outer shroud (Fig. 1).
Response to Arguments
Applicant's arguments filed 05/15/2026 have been fully considered but they are not persuasive.
Applicant argues that Klug fails to disclose, teach, or suggest a set of lace loops that are enclosed between the inner knit component and the outer shroud. However, Klug explicitly discloses that “the loops 324 may be located underneath the outer layer 210” (see paragraph 0033, lines 11-12 and Fig. 1).
Applicant argues that Klug does not describe an outer shroud attached as a separate overlay specifically configured to enclose lace loops. However, inasmuch as Applicant has defined “attached to the inner knit component” in the claims, Klug clearly discloses that the outer shroud is attached to the inner knit component, at least indirectly via the midsole (paragraph 0036).
Applicant argues that Follet does not disclose an outer shroud overlying a throat region in a manner that conceals or covers any portion of a lacing or fastening system, and that any fastening elements in Follet remain external and exposed. However, Follet clearly discloses that tensile element 581/1003 forms a portion of the fastening system (wherein the tensile element forms a loop 579; paragraph 0112; Fig. 10, 16). Follet further discloses that the outer shroud (1700) covers the tensile element along the throat region (wherein the element 1700 covers the outer edges of the throat area where tensile element and loops 579 lie; Fig. 16, 19).
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 SHARON M PRANGE whose telephone number is (571)270-5280. The examiner can normally be reached M-F 8:30-5 EST.
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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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/SHARON M PRANGE/ Primary Examiner, Art Unit 3732
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