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 .
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) 1-4, 7, 10-14, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hann (US 2005/0268488).
Regarding Claim 1, Hann teaches a sole structure (160) for an article of footwear (100), the sole structure comprising: a cushioning element (166) extending from a first end in a forefoot region of the sole structure to a second end in a heel region of the sole structure (fig. 3 shows the cushioning element (166) extending from a first end in the forefoot region to a second end in the heel region); an outsole (168) spaced apart from the cushioning element to define a gap (see annotated Fig.) between the cushioning element and the outsole and defining a ground-engaging surface of the sole structure (Annotated fig. 3 shows the outsole (168) defining a ground engaging surface and being spaced from the midsole (166) to form a gap), the outsole extending from a first end in the forefoot region to a second end in the heel region (fig. 3 shows the outsole (168) extending from a first end in the forefoot region to a second end in the heel region); and a cradle (180) disposed within the gap and defining an arcuate surface (see annotated Fig.) facing a posterior end of the sole structure (annotated fig. 3 shows the cradle (180) within the gap and defining an arcuate surface facing a posterior end of the sole), the second end (see annotated Fig.) of the cushioning element extending over the arcuate surface to define a first portion of a posterior surface of the sole structure (annotated fig. 3 shows the second end of the cushioning element (166) extending over the arcuate surface to define a first portion of the posterior surface of the sole).
Regarding Claim 2, Hann teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Hann further teaches wherein the second end (see annotated Fig.) of the outsole (168) extends over the arcuate surface to define a second portion of the posterior surface of the sole structure (annotated fig. 3 shows the second end of the outsole (168) extending over the arcuate surface to define a second portion of the posterior surface of the sole).
Regarding Claim 3, Hann teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Hann further teaches wherein the second end (see annotated Fig.) of the outsole (168) opposes the second end (see annotated Fig.) of the cushioning element (166) at the arcuate surface (Annotated fig. 3 shows the second ends of the outsole (168) and cushioning element (166) opposing one another at the arcuate surface).
Regarding Claim 4, Hann teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Hann further teaches wherein the second end (see annotated Fig.) of the outsole (168) abuts the second end (see annotated Fig.) of the cushioning element (166) along the arcuate surface (Annotated fig. 3 shows the second ends of the outsole (168) and cushioning element (166) abutting one another along the arcuate surface).
Regarding Claim 7, Hann teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Hann further teaches wherein the cradle (180) defines a receptacle (see annotated Fig.) extending from a medial side of the sole structure to a lateral side of the sole structure (Annotated fig. 3 shows the cradle defining a receptacle, figs. 38-42 show the cradle and therein the receptacle extending from a medial to a lateral side of the sole), the arcuate surface (see annotated Fig.) being disposed at a posterior end of the receptacle (annotated fig. 3 shows the arcuate surface being disposed at a posterior end of the receptacle).
Regarding Claim 10, Hann teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Hann further teaches wherein the cushioning element (166) and the outsole (168) cooperate to enclose the arcuate surface (see annotated Fig.) of the cradle (180) at the posterior end of the sole structure (annotated fig. 3 shows the cushioning element (166) and outsole (168) enclosing the arcuate surface of the cradle (180)).
Regarding Claim 11, Hann teaches a sole structure (160) for an article of footwear (100), the sole structure comprising: a cushioning element (166) extending from a first end in a forefoot region of the sole structure to a second end in a heel region of the sole structure (fig. 3 shows the cushioning element (166) extending from a first end in the forefoot region to a second end in the heel region); an outsole (168) spaced apart from the cushioning element to define a gap (see annotated Fig.) between the cushioning element and the outsole and defining a ground-engaging surface of the sole structure (Annotated fig. 3 shows the outsole (168) defining a ground engaging surface and being spaced from the midsole (166) to form a gap), the outsole extending from a first end in the forefoot region to a second end in the heel region (fig. 3 shows the outsole (168) extending from a first end in the forefoot region to a second end in the heel region); and a cradle (180) disposed within the gap and defining an arcuate surface (see annotated Fig.) facing a posterior end of the sole structure (annotated fig. 3 shows the cradle (180) within the gap and defining an arcuate surface facing a posterior end of the sole), the second end (see annotated Fig.) of the outsole (168) extending over the arcuate surface to define a first portion of a posterior surface of the sole structure (annotated fig. 3 shows the second end of the outsole (168) extending over the arcuate surface to define a first portion of the posterior surface of the sole).
Regarding Claim 12, Hann teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Hann further teaches wherein the second end (see annotated Fig.) of the cushioning element (166) extends over the arcuate surface to define a second portion of the posterior surface of the sole structure (annotated fig. 3 shows the second end of the cushioning element (166) extending over the arcuate surface to define a second portion of the posterior surface of the sole).
Regarding Claim 13, Hann teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Hann further teaches wherein the second end (see annotated Fig.) of the cushioning element (166) opposes the second end (see annotated Fig.) of the outsole (168) at the arcuate surface (Annotated fig. 3 shows the second ends of the outsole (168) and cushioning element (166) opposing one another at the arcuate surface).
Regarding Claim 14, Hann teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Hann further teaches wherein the second end (see annotated Fig.) of the outsole (168) abuts the second end (see annotated Fig.) of the cushioning element (166) along the arcuate surface (Annotated fig. 3 shows the second ends of the outsole (168) and cushioning element (166) abutting one another along the arcuate surface).
Regarding Claim 17, Hann teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Hann further teaches wherein the cradle (180) defines a receptacle (see annotated Fig.) extending from a medial side of the sole structure to a lateral side of the sole structure (Annotated fig. 3 shows the cradle defining a receptacle, figs. 38-42 show the cradle and therein the receptacle extending from a medial to a lateral side of the sole), the arcuate surface (see annotated Fig.) being disposed at a posterior end of the receptacle (annotated fig. 3 shows the arcuate surface being disposed at a posterior end of the receptacle).
Regarding Claim 20, Hann teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Hann further teaches wherein the cushioning element (166) and the outsole (168) cooperate to enclose the arcuate surface (see annotated Fig.) of the cradle (180) at the posterior end of the sole structure (annotated fig. 3 shows the cushioning element (166) and outsole (168) enclosing the arcuate surface of the cradle (180)).
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Claim(s) 1-3, 5-9, 11-13, and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kilgore et al. (US 5343639).
Regarding Claim 1, Kilgore et al. teaches a sole structure (14) for an article of footwear (10), the sole structure comprising: a cushioning element (22) extending from a first end in a forefoot region of the sole structure to a second end in a heel region of the sole structure (fig. 1 shows the cushioning element (22) extending from a first end in a forefoot region to a second end in the heel region); an outsole (20) spaced apart from the cushioning element to define a gap (see annotated Fig.) between the cushioning element and the outsole and defining a ground-engaging surface of the sole structure (Annotated fig. 1 shows the outsole (20) defining a ground engaging surface and being spaced from the cushioning element (22) to define a gap), the outsole extending from a first end in the forefoot region to a second end in the heel region (fig. 1 shows the outsole (20) extending from a first end in a forefoot region to a second end in the heel region); and a cradle (26) disposed within the gap and defining an arcuate surface (see annotated Fig.) facing a posterior end of the sole structure (Annotated fig. 1 shows the cradle (26) disposed in the gap and defining an arcuate surface facing the posterior end of the sole), the second end (see annotated Fig.) of the cushioning element extending over the arcuate surface to define a first portion of a posterior surface of the sole structure (annotated fig. 1 shows the second end of the cushioning element (22) extending over the arcuate surface and defining a first portion of the posterior surface of the sole structure).
Regarding Claim 2, Kilgore et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Kilgore et al. further teaches wherein the second end (see annotated Fig.) of the outsole (20) extends over the arcuate surface to define a second portion of the posterior surface of the sole structure (annotated fig. 1 shows the second end of the outsole (20) extending over the arcuate surface and defining a second portion of the posterior surface of the sole structure).
Regarding Claim 3, Kilgore et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Kilgore et al. further teaches wherein the second end (see annotated Fig.) of the outsole (20) opposes the second end (see annotated Fig.) of the cushioning element (22) at the arcuate surface (annotated fig. 1 shows the second ends of the outsole (20) and cushioning element (22) opposing one another at the arcuate surface, as they are on opposite sides of the arcuate surface).
Regarding Claim 5, Kilgore et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Kilgore et al. further teaches wherein the arcuate surface (see annotated Fig.) of the cradle is formed as a first semi- circular end support extending between an upper plate (28) and a lower plate (30) of the cradle (Annotated fig. 1 shows the arcuate surface being formed as a first semi-circular end support extending between an upper (28) and a lower (30) plate).
Regarding Claim 6, Kilgore et al. teaches all of the limitations of the sole structure of Claim 5, as discussed in the rejections above. Kilgore et al. further teaches wherein the cradle (26) further comprises a second semi-circular end support (see annotated Fig.) disposed at an anterior end of the cradle, the upper plate (28) and the lower plate (30) extending between and joining the first semi-circular end support (see annotated Fig.) and the second semi-circular end support (annotated fig. 1 shows the upper (28) and lower (30) plates extending between and joining the first and second semi-circular end supports).
Regarding Claim 7, Kilgore et al. teaches all of the limitations of the sole structure of Claim 1, as discussed in the rejections above. Kilgore et al. further teaches wherein the cradle (26) defines a receptacle (see annotated Fig.) extending from a medial side of the sole structure to a lateral side of the sole structure (fig. 1B shows the cradle (26) and therein the receptacle, extending from a medial to a lateral side of the sole structure), the arcuate surface being disposed at a posterior end of the receptacle (annotated fig. 1 shows the arcuate surface at the posterior end of the receptacle).
Regarding Claim 8, Kilgore et al. teaches all of the limitations of the sole structure of Claim 7, as discussed in the rejections above. Kilgore et al. further teaches a bladder (42) disposed within the receptacle (annotated fig. 8 shows a bladder (42) disposed within the receptacle of the cradle (26)).
Regarding Claim 9, Kilgore et al. teaches all of the limitations of the sole structure of Claim 8, as discussed in the rejections above. Kilgore et al. further teaches wherein the arcuate surface of the cradle is spaced apart from the bladder (annotated fig. 8 shows the bladder (42) spaced apart from the arcuate surface of the cradle (26)).
Regarding Claim 11, Kilgore et al. teaches a sole structure (14) for an article of footwear (10), the sole structure comprising: a cushioning element (22) extending from a first end in a forefoot region of the sole structure to a second end in a heel region of the sole structure (fig. 1 shows the cushioning element (22) extending from a first end in a forefoot region to a second end in the heel region); an outsole (20) spaced apart from the cushioning element to define a gap (see annotated Fig.) between the cushioning element and the outsole and defining a ground-engaging surface of the sole structure (Annotated fig. 1 shows the outsole (20) defining a ground engaging surface and being spaced from the cushioning element (22) to define a gap), the outsole extending from a first end in the forefoot region to a second end in the heel region (fig. 1 shows the outsole (20) extending from a first end in a forefoot region to a second end in the heel region); and a cradle (26) disposed within the gap and defining an arcuate surface (see annotated Fig.) facing a posterior end of the sole structure (Annotated fig. 1 shows the cradle (26) disposed in the gap and defining an arcuate surface facing the posterior end of the sole), the second end (see annotated Fig.) of the outsole extending over the arcuate surface to define a first portion of a posterior surface of the sole structure (annotated fig. 1 shows the second end of the outsole (20) extending over the arcuate surface and defining a first portion of the posterior surface of the sole structure).
Regarding Claim 12, Kilgore et al. teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Kilgore et al. further teaches wherein the second end (see annotated Fig.) of the cushioning element (22) extends over the arcuate surface to define a second portion of the posterior surface of the sole structure (annotated fig. 1 shows the second end of the cushioning element (22) extending over the arcuate surface and defining a second portion of the posterior surface of the sole structure).
Regarding Claim 13, Kilgore et al. teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Kilgore et al. further teaches wherein the second end (see annotated Fig.) of the cushioning element (22) opposes the second end (see annotated Fig.) of the outsole (20) at the arcuate surface (annotated fig. 1 shows the second ends of the outsole (20) and cushioning element (22) opposing one another at the arcuate surface, as they are on opposite sides of the arcuate surface).
Regarding Claim 15, Kilgore et al. teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Kilgore et al. further teaches wherein the arcuate surface (see annotated Fig.) of the cradle is formed as a first semi- circular end support extending between an upper plate (28) and a lower plate (30) of the cradle (Annotated fig. 1 shows the arcuate surface being formed as a first semi-circular end support extending between an upper (28) and a lower (30) plate).
Regarding Claim 16, Kilgore et al. teaches all of the limitations of the sole structure of Claim 15, as discussed in the rejections above. Kilgore et al. further teaches wherein the cradle (26) further comprises a second semi-circular end support (see annotated Fig.) disposed at an anterior end of the cradle, the upper plate (28) and the lower plate (30) extending between and joining the first semi-circular end support (see annotated Fig.) and the second semi-circular end support (annotated fig. 1 shows the upper (28) and lower (30) plates extending between and joining the first and second semi-circular end supports).
Regarding Claim 17, Kilgore et al. teaches all of the limitations of the sole structure of Claim 11, as discussed in the rejections above. Kilgore et al. further teaches wherein the cradle (26) defines a receptacle (see annotated Fig.) extending from a medial side of the sole structure to a lateral side of the sole structure (fig. 1B shows the cradle (26) and therein the receptacle, extending from a medial to a lateral side of the sole structure), the arcuate surface being disposed at a posterior end of the receptacle (annotated fig. 1 shows the arcuate surface at the posterior end of the receptacle).
Regarding Claim 18, Kilgore et al. teaches all of the limitations of the sole structure of Claim 17, as discussed in the rejections above. Kilgore et al. further teaches a bladder (42) disposed within the receptacle (annotated fig. 8 shows a bladder (42) disposed within the receptacle of the cradle (26)).
Regarding Claim 19, Kilgore et al. teaches all of the limitations of the sole structure of Claim 18, as discussed in the rejections above. Kilgore et al. further teaches wherein the arcuate surface of the cradle is spaced apart from the bladder (annotated fig. 8 shows the bladder (42) spaced apart from the arcuate surface of the cradle (26)).
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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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/HALEY A SMITH/Primary Examiner, Art Unit 3732