DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This is in response to Applicant’s amendment in which claims 1, 10, 17, 18, and 22 have been amended, and claims 1-26 remain pending.
Terminal Disclaimer
The terminal disclaimer filed on 04/23/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Numbers 9,498,023; 10,561,200; 11,129,443; 11,363,854; and 12,433,371, and any patent granted on Application Number 19/229521 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
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) 22 and 24-26 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Dua (US 2005/0115284), herein Dua ‘284.
Regarding claim 22, Dua ‘284 discloses an article of footwear, comprising: an upper, comprising: a sock portion formed by a knitted component (30) that includes a collar portion (31), an overfoot portion (33, 34), an underfoot portion (34), and a toe portion (35), which are knitted together, wherein the knitted component comprises at least one knit layer formed from at least one yarn, and a polymer sheet (22, 24, 25, 26) that is bonded to a surface of the knitted component, a portion of the polymer sheet extending from a throat area to a biteline of the article of footwear; and a sole structure (23) secured to the upper (paragraphs 0020-0025, 0033; Fig. 1-2).
Regarding claim 24, Dua ‘284 discloses that the at least one knit layer comprises a single knit layer (at 33; paragraph 0029).
Regarding claim 25, Dua ‘284 discloses that the at least one knit layer comprises multiple knit layers (at 31; paragraph 0025).
Regarding claim 26, Dua ‘284 discloses that a tongue portion (33) is secured to the knitted component (Fig. 1).
Claim Rejections - 35 USC § 103
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 1-17, 19, 20, and 23 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dua (US 2005/0115284), herein Dua ‘284, in view of Dua (US 2004/0118018), herein Dua ‘018.
Regarding claim 1, Dua ‘284 discloses an upper for footwear, comprising: a knitted component (30) that integrally extends from a collar portion (31), across an overfoot portion (33), across medial and lateral side portions (34), across an underfoot portion (34), and to a toe portion (35), the knitted component comprising at least one knit layer formed from at least one yarn (paragraph 0023); and a cover component (24, 25, 26), wherein at least a portion of the cover component extends from a throat area to the underfoot portion (paragraphs 0020-0025, 0033; Fig. 1-2).
Dua ‘284 does not disclose a thermoplastic material that is fused. Dua ‘018 teaches an upper (120, 220) for an article of footwear formed of a knitted component formed from at least one yarn. The upper includes a thermoplastic material that is fused to form fused areas. The fused areas provide greater stiffness and stretch-resistance, enhanced abrasion resistance, and increased durability (paragraphs 0036-0038, 0046, 0054; Fig. 1, 5). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a thermoplastic material that is fused, as taught by Dua ‘018, to the upper of Dua ‘284 in order to provide fused areas of the upper which provide greater stiffness and stretch-resistance, enhanced abrasion resistance, and increased durability.
Regarding claim 2, Dua ‘284 discloses that the at least one knit layer comprises a single knit layer (at 33; paragraph 0029).
Regarding claim 3, Dua ‘284 discloses that the at least one knit layer comprises multiple knit layers (at 31; paragraph 0025).
Regarding claim 4, Dua ‘018 teaches that the at least one yarn includes a yarn comprising the thermoplastic material (paragraph 0046).
Regarding claim 5, Dua ‘018 teaches that the yarn is a bi-component yarn (paragraph 0047; Fig. 2B).
Regarding claim 6, Dua ‘018 teaches that the yarn is a sheath-core yarn (paragraph 0047; Fig. 2B).
Regarding claim 7, Dua ‘284 discloses that a polymer sheet (22) is bonded to a surface of the knitted component (paragraph 0020).
Regarding claim 8, Dua ‘284 teaches that the knitted component comprises a first knit layer and a second knit layer that transition into each other at an edge of the collar portion (paragraph 0037; Fig. 1).
Regarding claim 9, Dua ‘284 discloses that a portion of the knitted component comprises a yarn that can stretch (paragraph 0025).
Regarding claim 10, Dua ‘284 discloses an article of footwear, comprising: an upper, comprising: a knitted component (30), comprising: a yarn, wherein the knitted component forms a sock portion comprising a collar portion (31), an overfoot portion (33, 34), an underfoot portion (34), and a toe portion (35), which are knitted together; a cover component (22, 24, 25, 26); and a sole structure (23) secured to the upper, wherein a portion of the cover component (26) extends between a throat area of the upper and a biteline of the article of footwear (paragraphs 0020-0025, 0033; Fig. 1-2).
Dua ‘284 does not disclose that the yarn comprises a thermoplastic material that is fused. Dua ‘018 teaches an upper (120, 220) for an article of footwear formed of a knitted component formed from at least one yarn. The yarn includes a thermoplastic material that is fused to form fused areas. The fused areas provide greater stiffness and stretch-resistance, enhanced abrasion resistance, and increased durability (paragraphs 0036-0038, 0046, 0054; Fig. 1, 5). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a yarn formed of a thermoplastic material that is fused, as taught by Dua ‘018, to the upper of Dua ‘284 in order to provide fused areas of the upper which provide greater stiffness and stretch-resistance, enhanced abrasion resistance, and increased durability.
Regarding claim 11, Dua ‘018 teaches that the yarn is a bi-component yarn (paragraph 0047; Fig. 2B).
Regarding claim 12, Dua ‘018 teaches that the yarn is a sheath-core yarn (paragraph 0047; Fig. 2B).
Regarding claim 13, Dua ‘284 discloses that the at least one knit layer comprises a single knit layer (at 33; paragraph 0029).
Regarding claim 14, Dua ‘284 discloses that the at least one knit layer comprises multiple knit layers (at 31; paragraph 0025).
Regarding claim 15, Dua ‘284 discloses that the knitted component includes different knit structures (paragraph 0034-0037).
Regarding claim 16, Dua ‘284 discloses that the knitted component comprises a unitary knit construction from the collar portion to the toe portion (paragraph 0041).
Regarding claim 17, Dua ‘284 discloses that the cover component is secured to the knitted component.
Regarding claim 19, Dua ‘284 discloses that the cover component comprises a polymer sheet (22; paragraph 0020).
Regarding claim 20, Dua ‘284 discloses that the polymer sheet is bonded to the knitted component (paragraph 0020).
Regarding claim 23, Dua ‘284 does not disclose that the yarn comprises a thermoplastic material that is fused. Dua ‘018 teaches an upper (120, 220) for an article of footwear formed of a knitted component formed from at least one yarn. The yarn includes a thermoplastic material that is fused to form fused areas. The fused areas provide greater stiffness and stretch-resistance, enhanced abrasion resistance, and increased durability (paragraphs 0036-0038, 0046, 0054; Fig. 1, 5). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a yarn formed of a thermoplastic material that is fused, as taught by Dua ‘018, to the upper of Dua ‘284 in order to provide fused areas of the upper which provide greater stiffness and stretch-resistance, enhanced abrasion resistance, and increased durability.
Claims 18 and 21 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dua ‘284 and Dua ‘018, as applied to claims 1 and 17, further in view of Glidden (US 2,147,197).
Regarding claims 18 and 21, the combination of Dua ‘284 and Dua ‘018 does not disclose the specific material of the entire cover component. Glidden teaches an article of footwear having an upper comprising a knitted component (10) and a cover component (18) extending between a throat area of the upper and a biteline. The cover component may be formed of a rubber material reinforced by fabric (column 2, lines 19-44; column 3, lines 10-38; Fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to make the cover component of Dua ‘284 of a layered structure formed of multiple materials (rubber, fabric) including a textile (fabric), in order to use a known cover component material which provides reinforcement, stiffness, and abrasion resistance at discrete portions of the upper. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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