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, 3, 16, and 21 have been amended, claim 27 has been added, and claims 1-27 are 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; 12;433,371 and any patent granted on Application Number 19/229471 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 25 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 25 fails to further limit the subject matter of the claim upon which it depends (see claim 21, lines 7-8). Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 2, 4-6, 8, 10, 14-15, and 21-25 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Dua (US 2010/0154256).
Regarding claim 1, Dua discloses an article of footwear (10), comprising: an upper (30), comprising: a knitted component (40) that integrally extends from a heel portion, along a medial side (15), along a lateral side (14), along an underfoot portion (wherein the edges extends at least partially underfoot as in Fig. 5A, or fully underfoot as in Fig. 8B), and to a toe portion of the upper (Fig. 1), the knitted component comprising a multi-layer knit structure (wherein there are multiple layers at least at tubes 42 and collar 45; Fig. 5B, 5D) at least at the underfoot portion (wherein the multiple layers at tube 42 extend at least partially to the underfoot portion; Fig. 5B), and a thermoplastic material (such as a thermoplastic yarn; paragraph 0043); and a sole structure (20) secured to the upper (paragraphs 0017, 0020-0024, 0029, 0035, 0043, 0049; Fig. 1-7C).
Regarding claim 2, Dua discloses that the knitted component includes a yarn comprising the thermoplastic material (paragraph 0043).
Regarding claim 4, Dua discloses that a cover component (35) is joined to the knitted component (paragraph 0045; Fig. 7E).
Regarding claim 5, Dua discloses that a cover component (outer layer of tube 42 and strand 43, which cover the inner knit layer) is joined to the knitted component (paragraphs 0024-0026; Fig. 5B, 5C). The cover component comprises a textile (knit layer).
Regarding claim 6, Dua discloses that the cover component comprises a polymer sheet (paragraph 0045).
Regarding claim 8, Dua discloses that the cover component is joined to the knitted component by adhesive bonding (paragraph 0045).
Regarding claim 10, Dua discloses a tongue portion (33) that extends in a throat area of the upper (paragraph 0019; Fig. 1).
Regarding claim 14, Dua discloses that the upper comprises a mesh knit structure (at apertures 41: paragraph 0022; Fig. 1).
Regarding claim 15, Dua discloses that the mesh knit structure comprises a plurality of holes (41) formed in the knitted component.
Regarding claim 21, Dua discloses an article of footwear (10), comprising: an upper (30), comprising: a knitted component (40) that extends from a heel portion, along a medial side (15), along a lateral side (14), along an underfoot portion (wherein the edges extends at least partially underfoot as in Fig. 5A, or fully underfoot as in Fig. 8B), and to a toe portion (Fig. 1), wherein the knitted component is formed with at least one yarn comprising a thermoplastic material (paragraph 0043), wherein at least a part of the underfoot portion (outer edges of underfoot portion at tubes 42; Fig. 5B) comprises multiple knit layers, wherein the knitted component comprises a mesh knit structure with a plurality of apertures (41); and a polymer sheet (35) adhesively bonded to a surface of the knitted component (paragraphs 0017, 0020-0024, 0029, 0035, 0043, 0045, 0049; Fig. 1-7E).
Regarding claim 22, Dua discloses that the plurality of apertures are located on the medial side and on the lateral side (Fig. 1).
Regarding claim 23, Dua discloses that the thermoplastic material is at least partially fused (paragraph 0043).
Regarding claim 24, Dua discloses that a collar (45) of the upper comprises a knit structure that can stretch (paragraphs 0029, Fig. 8A, 8B).
Regarding claim 25, Dua discloses that the knitted component comprises a multi-layer knit structure (wherein there are multiple layers at least at tubes 42 and collar 45; Fig. 5B, 5D).
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.
Claims 11-13, 16-20, and 26 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dua, as applied to claims 1, 10, and 21, in view of Greene et al. (US 2011/0078921), herein Greene.
Regarding claim 11, Dua does not disclose that the tongue portion has a first knit layer and a second knit layer. Greene teaches an article of footwear (10) including an upper comprising (30) a knitted component. The upper includes a tongue portion (40) having a first knit layer (43) and a second knit layer (44) that are coextensive and lay against each other. The tongue portion has a compressible structure which enhances overall comfort (paragraphs 0046-0048, paragraph 0057; Fig. 11F). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a tongue portion with first and second knit layers, as taught by Greene, in order provide a tongue which is integrally knit to minimize manufacturing steps and enhances the overall comfort of the footwear.
Regarding claims 12 and 26, Dua discloses a tongue portion (33), but does not disclose the attachment of the tongue portion to the knitted component. Greene teaches an article of footwear (10) including an upper comprising (30) a knitted component. The upper includes a tongue portion (40) stitched to the knitted component (Fig. 5A). It would have been obvious to one of ordinary skill in the art at the time of the invention to stitch the tongue portion of Dua to the knitted component, as taught by Greene, in order to use a well-known attachment which provides solid attachment between the two elements.
Regarding claim 13, Dua discloses that the upper may utilize yarns having different levels of stretch (paragraph 0023), but does not specifically disclose that a yarn of the knitted component and a yarn of the tongue portion differ in stretch. Greene teaches an article of footwear (10) including an upper comprising (30) a knitted component. The upper includes a tongue portion (40) which may include a yarn with increased stretch (paragraph 0055-0056). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide yarns with differing stretch in the knitted component and tongue portion in order to provide specific properties where needed on the upper; for example decreased stretch along a heel portion to provide stability, and increased stretch at the tongue portion to improve comfort and fitting.
Regarding claim 16, Dua discloses an article of footwear (10), comprising: an upper (30), comprising: a thermoplastic material that is fused (paragraph 0043), a knitted component (40) that extends from a heel portion, along a medial side, along a lateral side, along an underfoot portion (wherein the edges extends at least partially underfoot as in Fig. 5A, or fully underfoot as in Fig. 8B), and to a toe portion (Fig. 1) of the upper, wherein the underfoot portion comprises at least two knit layers (layers of tubes 42, which extend at least partially within the underfoot portion; Fig. 5B), wherein a tongue portion (33) is attached to the knitted component, and wherein a polymer sheet (35) is bonded to a surface of the knitted component; and a sole structure (20) secured to the upper (paragraphs 0017, 0020-0024, 0029, 0035, 0043, 0045, 0049; Fig. 1-7E).
Dua does not disclose the attachment of the tongue portion to the knitted component. Greene teaches an article of footwear (10) including an upper comprising (30) a knitted component. The upper includes a tongue portion (40) stitched to the knitted component (Fig. 5A). It would have been obvious to one of ordinary skill in the art at the time of the invention to stitch the tongue portion of Dua to the knitted component, as taught by Greene, in order to use a well-known attachment which provides solid attachment between the two elements.
Regarding claim 17, Dua discloses that the knitted component includes a yarn comprising the thermoplastic material (paragraph 0043).
Regarding claim 18, Greene teaches that a toe end of the tongue portion is stitched to the knitted component (Fig. 5A).
Regarding claim 19, Dua discloses that the knitted component integrally extends across the underfoot portion between the medial side and the lateral side (paragraph 0049; Fig. 8B).
Regarding claim 20, Dua discloses that the polymer sheet is adhesively bonded to the knitted component (paragraph 0045).
Claims 7 and 9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dua, as applied to claims 1 and 4, in view of Jessiman et al. (US 2013/0291293), herein Jessiman.
Regarding claims 7 and 9, Dua does not disclose that the cover component is joined by stitching or thermal bonding. Jessiman teaches a multi-layer upper, wherein the layers may be attached by stitching, thermal bonding (flamebonding, heat sealing), or adhesive (paragraph 0021). It would have been obvious to one of ordinary skill in the art at the time of the invention to join the cover component of Dua by stitching or thermal bonding, as taught by Jessiman, as this would be a simple substitution of one joining method for another, with the predictable result of providing a strong permanent attachment between the two elements.
Claims 1-5, 8, 10, and 11 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Glidden (US 2,147,197), in view of Safrit et al. (US 4,341,096), herein Safrit.
Regarding claim 1, Glidden discloses an article of footwear, comprising: an upper (10), comprising: a knitted component that integrally extends from a heel portion, along a medial side, along a lateral side, along an underfoot portion, and to a toe portion of the upper; and a sole structure (17) secured to the upper (column 2, line 5-column 3, line 38; Fig. 1-3).
Glidden discloses that the knitted component may be more densely fabricated in the toe area (column 2, lines 33-41), but does not disclose that the knitted component comprises a multi-layer knit structure at least at the underfoot portion, and a thermoplastic material. Safrit teaches a knitted sock upper including a multi-layer knit structure in the toe area, including at the underfoot portion. The multi-layer knit structure further includes a thermoplastic material (such as nylon). The multi-layer knit structure provides improved cushioning and moisture-absorbing characteristics (column 1, lines 33-61; 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 form the densely fabricated toe area of Glidden with a multi-layer knit structure, as taught by Safrit, in order to provide the toe area with both improved cushioning and improved moisture-absorbing characteristics.
Regarding claim 2, Safrit teaches that the knitted component includes a yarn comprising the thermoplastic material (column 1, lines 43-44).
Regarding claim 3, Safrit teaches that the multi-layer knit structure of the knitted component continuously extends across the underfoot portion between the medial side and the lateral side.
Regarding claim 4, Glidden discloses that a cover component (18) is joined to the knitted component (column 3, lines 10-38; Fig. 1).
Regarding claim 5, Glidden discloses the cover component comprises a textile (column 3, lines 36-38).
Regarding claim 8, Glidden discloses that the cover component is joined to the knitted component by adhesive bonding (column 3, lines 15-17).
Regarding claim 10, Glidden discloses a tongue portion (instep portion) that extends in a throat area of the upper (Fig. 1).
Regarding claim 11, Safrit teaches that the tongue portion comprises a first knit layer and a second knit layer that are coextensive and lay against each other (Fig. 1).
Claims 21, 22, 24, 25, and 27 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Glidden (US 2,147,197), in view of Safrit et al. (US 4,341,096), herein Safrit, and Dua (US 2010/0154256).
Regarding claim 21, Glidden discloses an article of footwear, comprising: an upper (10), comprising: a knitted component that extends from a heel portion, along a medial side, along a lateral side, along an underfoot portion, and to a toe portion; and a polymer sheet (18) adhesively bonded to a surface of the knitted component (column 2, line 5-column 3, line 38; Fig. 1-3).
Glidden discloses that the knitted component may be more densely fabricated in the toe area (column 2, lines 33-41), but does not disclose that the knitted component comprises a multi-layer knit structure at least at the underfoot portion, and a yarn comprising a thermoplastic material. Safrit teaches a knitted sock upper including a multi-layer knit structure in the toe area, including at the underfoot portion. The multi-layer knit structure further includes a yarn including a thermoplastic material (such as nylon). The multi-layer knit structure provides improved cushioning and moisture-absorbing characteristics (column 1, lines 33-61; 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 form the densely fabricated toe area of Glidden with a multi-layer knit structure, as taught by Safrit, in order to provide a toe area with both improved cushioning and improved moisture-absorbing characteristics.
The combination of Glidden and Safrit does not disclose that the knitted component comprises a mesh knit structure with a plurality of apertures. However, Glidden does teach that breathability and good ventilation is desired in the upper (column 1, lines 25-27; column 3, lines 5-8). Dua teaches an article of footwear (10), comprising: an upper (30), comprising: a knitted component (40) that extends from a heel portion, along a medial side (15), along a lateral side (14), along an underfoot portion, and to a toe portion (Fig. 1), wherein the knitted component is formed with at least one yarn comprising a thermoplastic material (paragraph 0043), wherein the knitted component comprises a mesh knit structure with a plurality of apertures (41). The apertures provide greater permeability, allowing air to circulate within the upper (paragraph 0022; 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 provide a mesh knit structure with apertures, as taught by Dua, to the upper of the combination of Glidden and Safrit in order to further improve the breathability and ventilation of the upper.
Regarding claim 22, Dua teaches that the plurality of apertures are located on the medial side and on the lateral side (Fig. 1).
Regarding claim 24, Glidden discloses that a collar (13) of the upper comprises a knit structure that can stretch (column 2, lines 41-44).
Regarding claim 25, Safrit teaches that the knitted component comprises a multi-layer knit structure.
Regarding claim 27, Safrit teaches that the multiple knit layers of the part of the underfoot portion continuously extend from the medial side to the lateral side.
Response to Arguments
Applicant's arguments filed 04/23/2026 have been fully considered but they are not persuasive. Applicant argues that Dua does not disclose that at least a part of the underfoot portion comprises multiple knit layers. However, as clearly seen in Fig. 5B, the multiple knit layers of tubes 42 extend at least partially into the underfoot portion of the knitted component.
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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