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 § 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, 3-5, 8-11, 13-15, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (2012/0304501).
In reference to claim 1 Song shows A sole structure for an article of footwear, the sole structure comprising:
a chassis (formed by 32 and 42) including a recess formed between a first surface and a second surface facing the first surface (see figure 1); and
a cushioning arrangement including a first cushioning element (62) protruding from the first
surface and including a plurality of first lobes (62) and a second cushioning element (58) protruding from
the second surface and including a plurality of second lobes (58), at least one first lobe of the plurality
of first lobes including a convex surface and at least one second lobe of the plurality of second
lobes including a concave surface receiving the convex surface of the at least one first lobe (see figure 10) as claimed.
In reference to claim 11, Song shows A sole structure for an article of footwear, the sole structure comprising:
a chassis (formed by 32 and 42) including a recess formed between a first surface and a second surface facing the first surface (figure 1); and
a cushioning arrangement including a first cushioning element (62) protruding from the first
surface and including a plurality of first lobes (62) and a second cushioning element (58) protruding from the second surface and including a plurality of second lobes (58), at least one first lobe of the plurality of first lobes is received in a receptacle of at least one second lobe of the plurality of second lobes (see figure 10) as claimed.
In reference to claims 3, 4, 13, and 14, see figure 1 which shows “substantially planar” base surfaces of the cushioning elements (62) and (58).
In reference to claims 5 and 15, see figures 1 and 7.
In reference to claims 8-10 and 18-20, see recess shown in figures 1 and 7.
Claim(s) 1, 3-11, and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook (2009/0100705).
In reference to claim 1, Cook shows A sole structure for an article of footwear, the sole structure comprising:
a chassis (formed by 140 and 150) including a recess formed between a first surface and a second surface facing the first surface (see figure 13); and
a cushioning arrangement including a first cushioning element (150) protruding from the first
surface and including a plurality of first lobes (150) and a second cushioning element (141b) protruding from the second surface and including a plurality of second lobes (141b), at least one first lobe of the plurality of first lobes including a convex surface and at least one second lobe of the plurality of second
lobes including a concave surface receiving the convex surface of the at least one first lobe (see figure 15) as claimed.
In reference to claim 11, Cook shows A sole structure for an article of footwear, the sole structure comprising:
a chassis (formed by 140 and 150) including a recess formed between a first surface and a second surface facing the first surface (figure 13); and
a cushioning arrangement including a first cushioning element (150) protruding from the first
surface and including a plurality of first lobes (150) and a second cushioning element (141b) protruding from the second surface and including a plurality of second lobes (141b), at least one first lobe of the plurality of first lobes is received in a receptacle of at least one second lobe of the plurality of second lobes (see figure 15) as claimed.
In reference to claims 3, 4, 13, and 14, see figure 15 which shows “substantially planar” base surfaces of the cushioning elements (150) and (141b).
In reference to claims 5 and 15, see figures 17 and 19.
In reference to claims 6 and 16, see paragraph [0088].
In reference to claims 7 and 17, if one were to consider element 150 as the second cushioning element and element 141b as the first, then the second cushioning element is a fluid filled bladder (see paragraph [0088]).
In reference to claims 8-10 and 18-20, see recess at 33.
Claim(s) 1-5 and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishiwaki (2001/0052194).
Nishiwaki shows A sole structure for an article of footwear, the sole structure comprising:
a chassis (formed by 2 and 7) including a recess formed between a first surface and a second surface facing the first surface (see figure 5); and
a cushioning arrangement including a first cushioning element (3) protruding from the first
surface and including a plurality of first lobes (33a) and a second cushioning element (22a) protruding from the second surface and including a plurality of second lobes (22a), at least one first lobe of the plurality of first lobes including a convex surface and at least one second lobe of the plurality of second
lobes including a concave surface receiving the convex surface of the at least one first lobe (see figure 13) as claimed.
In reference to claim 11, Nichiwaki shows A sole structure for an article of footwear, the sole structure comprising:
a chassis (formed by 2 and 7) including a recess formed between a first surface and a second surface facing the first surface (figure 5); and
a cushioning arrangement including a first cushioning element (3) protruding from the first
surface and including a plurality of first lobes (33a) and a second cushioning element (22a) protruding from the second surface and including a plurality of second lobes (22a), at least one first lobe of the plurality of first lobes is received in a receptacle of at least one second lobe of the plurality of second lobes (see figure 13) as claimed.
In reference to claims 2 and 12 the lobes (22a and 33a) are shown as hemispherical in shape (see figures).
In reference to claims 3, 4, 13, and 14, see figures 1(a) and 1(b) which shows “substantially planar” base surfaces of the cushioning elements.
In reference to claims 5 and 15, see figure 9 which shows numerous quad configurations.
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