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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 4 the phrase “complimentary to the integrally-formed second interlocking elements” is vague and indefinite because it defines the footbed in reference to the shoe system which has not been positively claimed. It is noted that claims 1-7 are directed towards “A footbed” and only recited the modular shoe system as an intended use and therefore it is not positively recited and cannot be used to define the footbed.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Einstein, JR. (3538628).
Einstein, Jr. shows A footbed (30) for a modular shoe system, the footbed comprising:
a top surface (top of 30); and
a bottom surface (bottom of 30):
wherein the bottom surface comprises a plurality of integrally-formed (it is noted that 30 and 48 are considered to be integrally formed inasmuch as applicant has claimed and defined such) first interlocking elements (48);
wherein the modular shoe system comprises a plurality of integrally-formed
second interlocking elements (it is noted that this phrase is an intended use recitation and a shoe system has not been positively recited and claimed, but it is noted that Einstein does show second interlocking elements 42 on a shoe system (see figures 1-4);
wherein the integrally-formed first interlocking elements are complimentary to
the integrally-formed second interlocking elements such that the footbed is releasably secured to the modular shoe system by interlocking the plurality of integrally-formed first interlocking elements and the plurality of integrally-formed second interlocking elements (it is noted that this phrase is an intended use recitation and a shoe system has not been positively recited and claimed, but it is noted that Einstein does show second interlocking elements 42) as claimed.
In reference to claims 2 and 3, see Einstein, Jr. embodiment shown in figure 6, interlocking elements (38’) are integrally formed of the same material as the footbed (which is made from resilient materials (see column 2 lines 64-66).
In reference to claim 4, see figures 2 and 3.
In reference to claims 5-7, Einstein, Jr shows a foot support (32) shown as permanently attached/integral with the footbed (30).
In reference to claim 8 Einstein, Jr. shows A modular shoe system comprising:
a shoe base (36) comprising a bottom surface and a top surface;
a midsole (34) comprising a bottom surface and a top surface; and
a footbed (30) comprising a bottom surface and a top surface;
wherein the top surface of the shoe base is flat (see figures 2-4),
wherein the bottom surface of the midsole is flat and coupled to the top surface
of the shoe base (see figures 2-4);
wherein the top surface of the midsole comprises a plurality of integrally-formed
first interlocking elements (42);
wherein the bottom surface of the footbed comprises a plurality of integrally-
formed second interlocking elements (40); and
wherein the integrally-formed first interlocking elements are complimentary to
the integrally-formed second interlocking elements such that the footbed is releasably secured to the modular shoe system by interlocking the plurality of integrally-formed first interlocking elements and the plurality of integrally-formed second interlocking elements (see figures 1-4) as claimed.
In reference to claims 9 and 10, Einstein, Jr. shows a sole (52 or shown bottom tread layer in figures 3 and 7-10).
In reference to claims 11-13, Einstein, Jr shows a foot support (32) shown as permanently attached/integral with the footbed (30).
In reference to claim 14, see figure 1.
In reference to claim 15, see figure 5.
In reference to claims 16 and 17, the upper of Einstein, Jr. is considered to be coupled to the upper by way of the interlocking elements and layers inasmuch as applicant has claimed such. It is noted that the shoe as a whole is considered to be integrally formed inasmuch as applicant has claimed and defined such.
In reference to claims 18 and 19, see Einstein, Jr. embodiment shown in figure 6, interlocking elements (38’) are integrally formed of the same material as the footbed (which is made from resilient materials (see column 2 lines 64-66).
In reference to claim 20, the interlocking elements of Einstein, Jr. are shown as attached along their entire length (see figure 2).
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson. (2016/0324264).
Johnson shows A footbed (16) for a modular shoe system, the footbed comprising:
a top surface (top of 16); and
a bottom surface (bottom of 16):
wherein the bottom surface comprises a plurality of integrally-formed (as shown in figures) first interlocking elements (48 and 50);
wherein the modular shoe system comprises a plurality of integrally-formed
second interlocking elements (it is noted that this phrase is an intended use recitation and a shoe system has not been positively recited and claimed, but it is noted that Johnson does show second interlocking elements on a shoe system (see figure 4));
wherein the integrally-formed first interlocking elements are complimentary to
the integrally-formed second interlocking elements such that the footbed is releasably secured to the modular shoe system by interlocking the plurality of integrally-formed first interlocking elements and the plurality of integrally-formed second interlocking elements (it is noted that this phrase is an intended use recitation and a shoe system has not been positively recited and claimed, but it is noted that Einstein does show second interlocking elements see figure 6) as claimed.
In reference to claims 2 and 3, see Johnson paragraph [0033].
In reference to claim 7, Johnson shows a foot support top integrally formed with the footbed (see figures).
Information Disclosure Statement
The information disclosure statement filed 6/19/25 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
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/MARIE D BAYS/Primary Examiner, Art Unit 3732