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 .
This is in response to Applicant’s amendment in which claims 1, 3, 6, 20, 18, and 19 have been amended, and claims 1-28 remain pending.
Terminal Disclaimer
The terminal disclaimer filed on 07/08/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Number 12,396,512 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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, 5-7, 10, 11, 13, 14, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Podhajny (US 2014/0245633).
Regarding claim 1, Podhajny discloses an article of footwear, comprising: an upper (120), comprising: a knitted component (116), comprising: a plurality of radially-extending courses that extend from an inner perimeter of the upper (at 151) outward toward an outer perimeter (140) of the upper in at least a forefoot region of the upper (paragraph 0078), wherein the plurality of radially-extending courses are arranged into a plurality of wedge-shaped portions (193, 195; Fig. 5); and a sole structure (110) secured to the upper (paragraphs 0048, 0055-0058, 0076-0078, 0084; Fig. 1, 4, 5).
Regarding claim 2, Podhajny discloses that the knitted component comprises at least one inlaid tensile element (158; paragraph 0057, Fig. 6).
Regarding claim 5, Podhajny discloses that at least a portion of the plurality of radially-extending courses are positioned on an exterior-facing surface of the upper (Fig. 1).
Regarding claim 6, Podhajny discloses that a spacing between the plurality of radially-extending courses at the inner perimeter is smaller than a spacing between the plurality of radially-extending courses at the outer perimeter (wherein the courses form wedge shapes; Fig. 5).
Regarding claim 7, Podhajny discloses that the knitted component comprises a fusible yarn that is fused (paragraphs 0067-0068).
Regarding claim 10, Podhajny discloses an upper (120) for an article of footwear, the upper comprising: a knitted component (116), comprising: a plurality of radially-extending courses that extend from a common portion (151) of the upper to an outer perimeter (140) of the upper in at least a forefoot region of the upper (paragraph 0078), wherein the common portion comprises an inner perimeter of the upper extending around a throat region of the upper, and wherein the plurality of radially-extending courses are arranged into a plurality of wedge-shaped portions (193, 195; Fig. 5). (paragraphs 0048, 0055-0058, 0076-0078, 0084; Fig. 1, 4, 5)
Regarding claim 11, Podhajny discloses that the knitted component comprises at least one inlaid tensile element (158; paragraph 0057; Fig. 6).
Regarding claim 13, Podhajny discloses that a spacing between the plurality of radially-extending courses at the common portion is smaller than a spacing between the plurality of radially-extending courses at the outer perimeter (wherein the courses form wedge shapes; Fig. 5).
Regarding claim 14, Podhajny discloses that the knitted component comprises a fusible yarn that is fused (paragraphs 0067-0068).
Regarding claim 18, Podhajny discloses an article of footwear, comprising: an upper (120), comprising: a knitted component (116), comprising: a plurality of knitted courses that extend radially-outward from an inner perimeter of the upper to an outer perimeter (140) of the upper in at least a forefoot region of the upper, the plurality of knitted courses being integrally formed, and wherein a spacing between the plurality of knitted courses increases towards the outer perimeter of the upper (wherein the courses form wedge shapes; Fig. 5); and a sole structure (110) secured to the upper (paragraphs 0048, 0055-0058, 0076-0078, 0084; Fig. 1, 4, 5).
Regarding claim 20, Podhajny discloses that at least one yarn of the knitted component is a fusible yarn that comprises a fusible material that has been thermoformed to fuse together one or more yarns of the knitted component (paragraphs 0067-0068).
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.
Claim(s) 3, 12, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Podhajny, as applied to claims 1, 2, 10, 11, and 18, in view of Dojan (US 9,713,363).
Regarding claims 3, 12, and 19, Podhajny discloses an inlaid tensile element (158), but does not disclose that the tensile element is inlaid along the plurality of radially extending courses. Dojan teaches that a tensile element (41) may be located along the forefoot region, such that a plurality of tensile segments extends radially outward from inner perimeter to an outer perimeter. The tensile element resists stretch in the forefoot region, and distributes forces from movement of the foot over a relatively large area of the upper (column 5, lines 10-64; Fig. 1, 12C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide radially extending tensile segments in the forefoot region (and therefore along the radially extending courses), in order to resist stretch in the forefoot region, and distribute forces from movement of the foot over a relatively large area of the upper.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Podhajny, as applied to claim 1, in view of Meir (US 2016/0029736).
Regarding claim 4, Podhajny does not disclose that each wedge-shaped portion comprises a combination of longer knit courses and shorter knit courses. Meir teaches an upper for an article of footwear formed of a knitted component. The knitted component includes wedge-shaped portions having radially extending courses. The wedge-shaped portions comprise a combination of longer knit courses and shorter knit courses (paragraph 0084). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide longer and shorter knit portions, as taught by Meir, to the knitted component of Podhajny in order to form wedge shaped portions at the forefoot region.
Claim(s) 8, 9, 15-17, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Podhajny, as applied to claim 1, 7, 10, 14, 18, and 20, in view of Dua (US 2004/0118018).
Regarding claims 8, 9, 15, 16, and 22, Podhajny does not disclose that the fusible yarn comprises a thermoplastic elastomer. Dua teaches that a fusible yarn within a knitted footwear upper component may be a thermoplastic elastomer, such as thermoplastic polyurethane (paragraphs 0046, 0048). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the fusible yarn of a thermoplastic polyurethane in order to use a material well known for use in shoe uppers which is thermoplastic and may be fused. 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.
Regarding claim 22, Dua further teaches that the fusible yarn may comprise a core and a sheath, the sheath comprising the thermoplastic elastomer fusible material, allowing for variable degrees of fusing (paragraph 0047-0048; Fig. 2B). 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 fusible yarn with a core and sheath, as taught by Dua, in order to allow for variable degrees of fusing.
Regarding claims 17 and 21, Podhajny discloses that the thermoplastic elastomer is fused on an outer-facing surface of the knitted component, but does not explicitly disclose that the thermoplastic elastomer that is fused has a higher coefficient of friction than a remainder of the outer-facing surface of the knitted component. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a higher coefficient of friction at the fusible material, due to the change in texture of the thermoplastic elastomer after it is melted and set in a new, stiffer configuration.
Claim(s) 23-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Podhajny and Dojan, as applied to claims 3, 12, and 19, further in view of Aceves Tinajero et al. (US 2019/0223541), herein Aceves.
Regarding claims 23 and 26, Podhajny and Dojan teach that the knitted component comprises at least one tensile element extending through at least one radially-extending course of the plurality of radially-extending courses.
The combination of Podhajny and Dojan does not disclose a sequence of knit stitches and float stitches, wherein the sequence is repeated along a length of the at least one radially-extending course. Aceves teaches a knitted component forming the upper of an article of footwear. The knitted component includes a tensile element (22) extending through at least one course of the knitted component, the tensile component comprising a sequence of knit stitches (34, 36) and float stitches (32), wherein the sequence is repeated along a length of the at least one course. The knit stitches secure the tensile element within the within the knitted component, preventing translation in the course-wise direction (paragraphs 0021-0026; Fig. 2, 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to secure the tensile element of Podhajny and Dojan with a sequence of knit stitches and float stitches, as taught by Aceves, in order to secure the tensile element within the within the knitted component, preventing translation in the course-wise direction.
Regarding claims 24 and 27, Aceves teaches that the sequence of knit stitches and float stitches comprises one knit stitch and a float stitch extending across a number of wales (paragraphs 0025-0026, 0032; Fig. 2).
Regarding claims 25 and 28, Aceves teaches that the number of wales is within a range within 3 to 8 (such as 4: paragraph 0032; Fig. 2).
Response to Arguments
Applicant's arguments filed 07/08/2026 have been fully considered but they are not persuasive.
Applicant argues that point 151 of Podhajny is associated with an outer perimeter of the upper (Fig. 5), and that no courses associated with point 151 and tapered areas 193, 195 extend from an inner perimeter towards an outer perimeter.
However, point 151 is at an inner perimeter of the footwear when the upper is fully assembled. As seen in Fig. 5, point 151 is at the point where medial edge 137 of the throat region ends and turns up into the side edge of the tongue portion 136. As seen in Fig. 1, this point (where edge 137 and the edge of the tongue meet) is at an inner perimeter of the upper in the throat region, and the upper extends outward towards an outer perimeter from that point. Therefore, point 151 is associated with an inner perimeter of the upper.
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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.
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
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