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 .
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.
Election/Restrictions
Applicant’s election of species I, Figures 1-10, claims 21-40 in the reply filed on 01/05/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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) 21-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bates (USPN 9,609,913).
With respect to claim 21, Bates discloses a bladder (pod assembly 120; 720, etc.) for a sole structure of an article of footwear (10, see figures 1 & 8A-8B), the bladder (pod assembly 120; 720, see figures 1-9 & 45-50) comprising:
a first segment (fluid-filled pods 121; 721 arranged from the midfoot to heel region along the medial sides) in a heel region of the bladder, the first segment containing a hollow interior (the pod assembly is hollow and includes a plurality of pods fluidly connected by a passageway), the first segment being concave when viewed from a central longitudinal axis of the bladder (see annotated figure 46 below);
a second segment (fluid-filled pods 121; 721 arranged from the midfoot to heel region along the lateral sides) in the heel region and disposed on an opposite side of the central longitudinal axis than the first segment (see annotated figure 46 below), the second segment containing a hollow interior (the pod assembly is hollow and includes a plurality of pods fluidly connected by a passageway), the second segment being concave when viewed from the central longitudinal axis of the bladder (see figure 46); and
a central support (fluid-filled 121; 721 arranged from the midfoot to heel region, see annotated figure 9 below) disposed laterally between the first segment and the second segment in the heel region, the central support containing a hollow interior, wherein the central support extends from the heel region, beyond an anterior most portion of the first segment and an anterior most portion of the second segment, through a mid-foot region of the bladder (see annotated figure 46 below).
With respect to claim 22, Bates discloses the bladder (pod assembly 120; 720) of claim 21, further including a first prong containing a hollow interior (see annotated figure 46 below), the first prong extending from the central support to a first anterior end of the bladder, wherein the first prong has a first section that extends radially outward in an anterior direction, and a second section extending anterior to an anterior end of the first section, wherein the second section is substantially parallel to the central longitudinal axis (see annotated figure 46 below).
With respect to claim 23, Bates discloses the bladder of claim 22, further including a second prong containing a hollow interior (see annotated figure 46 below), the second prong extending from the portion of the central support to a second anterior end of the bladder, wherein the second prong has a first section that extends radially outward in the anterior direction, and a second section extending anterior to an anterior end of the first section, wherein the second section is substantially parallel to the central longitudinal axis (see annotated figure 46 below).
With respect to claim 24, Bates discloses the bladder of claim 23, wherein the hollow interior of each of the first segment, the second segment, the central support, the first prong, and the second prong collectively form an interconnected enclosed hollow area containing a fluid (see annotated figure 46).
With respect to claim 25, Bates discloses the bladder of claim 21, wherein outer surfaces of the central support are laterally-outermost portions of the bladder in a midfoot region of the bladder (see figure 46).
With respect to claim 26, Bates discloses the bladder of claim 21, wherein a lateral width of a narrowest portion of the bladder is from about 10% to about 50% of a lateral width of a widest portion of the heel region of the bladder (see figure 46).
With respect to claim 27, Bates discloses the bladder of claim 21, wherein the bladder is a fluid-filled bladder (FIGS. 1-3, the pod assembly 120 is hollow and includes a plurality of pods 121 fluidly connected by a passageway 122).
With respect to claim 28, Bates discloses the bladder of claim 21, wherein the bladder includes: a first web area (sole 100 includes a first pod assembly 720 having a plurality of pods 721 fluidly connected by one or more passageways 722, and a second pod assembly 730 having a plurality of pods 731 fluidly connected by one or more passageways 732) extending between the first segment and the central support; a second web area (passageway 722) extending between the first segment and the second segment; and a third web area (passageway 722) extending between the second segment and the central support (see annotated figure 46 below).
PNG
media_image1.png
764
572
media_image1.png
Greyscale
With respect to claim 29, Bates discloses an article of footwear (10, see figure 1; 1500, see figure 22) comprising:
an upper (1502; an article of footwear having an upper and a sole coupled to the upper); and
a sole structure (1510, see figure 27) attached to the upper (an article of footwear having an upper and a sole coupled to the upper), wherein the sole structure (1510) is arranged in a mid- foot region of the article of footwear from a bottom to a top of the article of footwear to include:
a bottom cushion (projections 1506 can be formed in a variety of shapes, sizes, and densities in order to provide cushioning and weight properties that are tailored to specific areas of the sole 1510), a support plate (a plate formed of thermoplastic, graphite, carbon, or similar materials can be provided underneath 1502, and projections 1506 can extend from the plate), and a top cushion (sole 1510 may comprise a foam layer such as, for example, ethylene vinyl acetate (EVA) or polyurethane), wherein a gap is disposed between the bottom cushion and the support plate (see figures 22 & 27).
With respect to claim 30, bates discloses the article of footwear of claim 29, wherein the sole structure includes an outsole coupled to the bottom cushion (sole 1510 can also include outsole material 1520 as a ground contacting material, see figure 22).
With respect to claim 31, Bates disclose the article of footwear of claim 29, wherein the bottom cushion is a fluid-filled bladder (In the embodiment shown in FIG. 22, first and second pods 1528 and 1530 are fluid containing bladders that are in fluid communication with each other via a connecting tube 1532).
With respect to claim 32, Bates discloses the article of footwear of claim 29, wherein the top cushion is a foamed material (sole 1510 may comprise a foam layer such as, for example, ethylene vinyl acetate (EVA) or polyurethane).
With respect to claim 33, Bates discloses an article of footwear (1500, see figure 22) comprising:
a heel region (1516, region covering the heel);
a forefoot region (1520, region covering the toes);
a mid-foot region (1514) disposed between the heel region and the forefoot region (see figure 22);
an upper (shoe includes an upper 1502 and a sole 1510);
and a sole structure (1510) attached to the upper (see figure 22), wherein the sole structure (1510) includes a fluid-filled bladder (fluid-filled pod assembly) extending from the heel region to the forefoot region, wherein the fluid-filled bladder (In the embodiment shown in FIG. 22, first and second pods 1528 and 1530 are fluid containing bladders that are in fluid communication with each other via a connecting tube 1532) includes an exposed upper surface when the sole structure is in a fully- assembled configuration (see figure 22).
With respect to claim 37, Bates discloses the article of footwear of claim 33, wherein the fluid-filled bladder (pod assembly, see figure 22) includes an outer peripheral surface that is exposed to the external environment from the heel region to the forefoot region.
Allowable Subject Matter
Claims 34-36 and 38-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shown are article of footwears with bladders analogous with applicant’s instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILA M MOHANDESI whose telephone number is (571)272-4558. The examiner can normally be reached M-Thurs. 7:00-5:00 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, Alissa J Tompkins can be reached at 571-272-3425. 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.
/JILA M MOHANDESI/Primary Examiner, Art Unit 3732
JMM
02/19/2026