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 .
Information Disclosure Statement
Since this application is a continuation of US Application 18/583210, the Examiner has considered the information provided in the parent application (per MPEP 609.02). Should Applicant desire the information to be printed in any patent issuing from this application, a new listing of the information must be separately submitted.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-10 and 15-20), Species 9, and Species a, in the reply filed on 02/26/2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/26/2026.
Applicant argues that Figure 28 encompasses claims 15-20. However, claim 15 recites the limitation “wherein at least one of the plurality of midsole members is removably attached to the upper,” which is not encompassed by the embodiment of Fig. 28. The specification states that the midsole members of the embodiment of Fig. 28 “are attached to the upper” but is silent regarding the midsole members being removably attached (see paragraph 00142). Therefore claims 15-20 are withdrawn from consideration along with claims 11-14.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 406, 452, 458, 464, 480, 482, 494, 496, 498. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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) 1-3, 5-7 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Long et al. (US 2011/0203137), herein Long.
Regarding claim 1, Long discloses an article of footwear (900) having a forefoot region, a heel region, a midfoot region between the forefoot region and the heel region, a lateral side, and a medial side, the article of footwear comprising: an upper (102); and a sole structure (105, 980) coupled to the upper, the sole structure including: a frame (980) that is coupled to the upper and defines a plurality of apertures (991-996) along the lateral side and the medial side of the article of footwear, the frame having a frame exterior surface and a frame interior surface, opposite the frame exterior surface, that defines a frame internal cavity (Fig. 9); a lace (909) that is received within the plurality of apertures and extends along the frame exterior surface to the frame interior surface in each of the forefoot region (at slot 991), the midfoot region (at slot 992), and the heel region (at slot 993) (Fig. 10); and a plurality of midsole members (underfoot portion of arch portion 115; padding 263, 273) disposed within the frame internal cavity, wherein when the lace is in a tightened configuration, the frame is pulled toward the upper to secure the frame to the sole structure (Fig. 13, 14). (paragraphs 0041, 0045, 0051, 0065-0067, 0079-0088; Fig. 9-14)
Regarding claim 2, Long discloses that the lace is received though the plurality of apertures from the medial side to the lateral side in a crisscrossing manner across the upper (Fig. 8).
Regarding claim 3, Long discloses that the lace is received through three apertures on each of the lateral side and the medial side (Fig. 10).
Regarding claim 5, Long discloses that the lace is a closed loop lace (wherein the lace forms a closed loop when tied at the ends) that extends from an aperture of the frame on the lateral side, around a proximal end of the footwear in the heel region, and to an aperture of the frame on the medial side (paragraph 0088; Fig. 10).
Regarding claim 6, Long discloses that the lace has a first free end that extends from an aperture of the frame on the medial side of the footwear and a second free end that extends from an aperture of the frame on the lateral side of the footwear (Fig. 10).
Regarding claim 7, Long discloses that the first free end of the lace and the second free end of the lace are configured to be tied together in the tightened configuration such that the medial side of the frame and the lateral side of the frame are capable of being individually tightened.
Regarding claim 9, Long discloses that when the lace is in a loosened configuration, the lace and the frame move away from the upper (paragraph 0089; Fig. 13).
Regarding claim 10, Long discloses that the lace is disposed between the frame and the plurality of midsole members when received within the plurality of apertures (Fig. 10).
Claim(s) 1-4, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bohnsack et al. (US 2017/0231319), herein Bohnsack.
Regarding claim 1, Bohnsack discloses an article of footwear (110) having a forefoot region, a heel region, a midfoot region between the forefoot region and the heel region, a lateral side, and a medial side, the article of footwear comprising: an upper (120); and a sole structure (140, 150) coupled to the upper, the sole structure including: a frame (140) that is coupled to the upper and defines a plurality of apertures (Fig. 10) along the lateral side and the medial side of the article of footwear, the frame having a frame exterior surface and a frame interior surface, opposite the frame exterior surface, that defines a frame internal cavity (Fig. 10); a lace (Fig. 9) that is received within the plurality of apertures and extends along the frame exterior surface to the frame interior surface in each of the forefoot regio, the midfoot region, and the heel region (Fig. 9); and a plurality of midsole members (152, 23, 22) disposed within the frame internal cavity (Fig. 11), wherein when the lace is in a tightened configuration, the frame is pulled toward the upper to secure the frame to the sole structure (paragraphs 0028-0031, 0059, 0062-0063, 0070-0072; Fig. 1, 9-11).
Regarding claim 2, Bohnsack discloses that the lace is received though the plurality of apertures from the medial side to the lateral side in a crisscrossing manner across the upper (Fig. 1, 9).
Regarding claim 3, Bohnsack discloses that the lace is received through three apertures on each of the lateral side and the medial side (Fig. 9).
Regarding claim 4, Bohnsack discloses that the lace is received through four or more apertures on each of the lateral side and the medial side (Fig. 9, 10).
Regarding claim 8, Bohnsack discloses that the frame has a lattice-work structure formed by the plurality of apertures that allows the plurality of apertures to receive the lace (Fig. 9, 10).
Regarding claim 9, Bohnsack discloses that when the lace is in a loosened configuration, the lace and the frame move away from the upper (paragraphs 0062-0063).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
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, 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