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 .
Status of the Claims
This action is in response to the applicant’s filing on August 4, 2025 and March 19, 2026. Claims 1-20 are pending, claims 9-10 and 20 have been withdrawn based on the election/restriction filed March 19, 2026. Therefore claims 1-8 and 11-19 have been examined below. Claims 9-10 and 20 are withdrawn from consideration as being drawn to a non-elected Species II.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. § 119(a)-(d), which papers have been placed of record in the file.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in The Republic of China (Taiwan) on July 14, 2025.
Election/Restrictions
Applicant’s election without traverse of claims 1-8, 11-19 in the reply filed on March 19, 2026 is acknowledged.
Applicant’s election of Species I in the reply filed on March 19, 2026 is acknowledged.
Specification - Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The applicant is reminded that the abstract should be a statement that meets the range of 50 to 150 words. The current abstract is only 155 words.
Appropriate correction is required.
Drawings
The drawings are objected to because Figure 3 does not show how the components in the exploded view (i.e. components 10) are connected to the lower component 13. Applicant should use a bracket or lead lines to indicate the relationship of components in Exploded Views or indicate each figures as (i.e. 3A and 3B). See: 37 CFR 1.84(h)(1).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 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.
Claims 4 & 15 (and the claims that depend therefrom) are 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.
Claims 4 & 15 and the claims that depend therefrom are 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. It is unclear what “an area of a cross-section of the depression in a direction where the opening is located closer to the opening is greater than an area of a cross-section of the depression in the direction where the opening is located further away from the opening” is referring to and how it is structurally associated with, the footwear. It is unclear what the applicant is requiring to satisfy the claim.
Claim Rejections - 35 USC § 103
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8 and 11-19 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2023/0276904 A1 to Travis J. BERRIAN, (herein after "Berrian”) in view of United States Patent No. US 6,061,929 to Brett D. Ritter, (herein after "Ritter”).
As to Claim 1, Berrian discloses a sole (sole structure 101; Berrian ~ regarding sole) comprising: a sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body) divided into a rearfoot portion, a forefoot portion, and an arch portion connecting the rearfoot portion and the forefoot portion (Figures 2 & 7; Berrian ~ regarding forefoot portion, and an arch portion connecting the rearfoot portion); and a support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) fixed to the sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body) (Figures 2 & 7; Berrian); the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) comprises a main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) and an extension portion (moderate plate 105; Berrian~ regarding extension portion) extending from the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) (Figure 7 and Paragraph 0075; Berrian), a thickness of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) is greater than a thickness of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) (Figure 7; Berrian teaching wherein a thickness of the main body is greater than a thickness of the extension portion), a side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) is flush with a side of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) (Paragraph 0075; Berrian "In other words, each of the forefoot cushioning element 703, the moderator plate 105, and the gasket 106 have corresponding geometries to communicate and rest flush with another." ~ regarding a side of the main body is flush with a side of the extension portion)(moderator plate 105; Berrian~ regarding extension portion), the sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body) comprises an upper surface (upper surface 702; Berrian ~ regarding the upper surface) (Figures 2 & 7; Berrian), a lower surface (Figure 7 and Paragraphs 0073-0074; Berrian “The outsole plate 704 may further include an upper surface 702 facing the upper 100 and a lower surface formed on an opposite side of the outsole plate 704 from the upper surface) facing away from the upper surface (upper surface 702; Berrian ~ regarding the upper surface), and a through hole (opening 708; Berrian ~ regarding through hole) penetrating the upper surface (upper surface 702; Berrian ~ regarding the upper surface) and the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface), the through hole (opening 708; Berrian ~ regarding through hole) is located in the arch portion and the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) is received in the through hole (opening 708; Berrian ~ regarding through hole) (Figures 2 & 7 and Paragraphs 0074-0075; Berrian), the side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) flush with the extension portion (moderate plate 105; Berrian~ regarding extension portion) faces away from the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface) (Paragraph 0075; Berrian "In other words, each of the forefoot cushioning element 703, the moderator plate 105, and the gasket 106 have corresponding geometries to communicate and rest flush with another." ~ regarding a side of the main body is flush with a side of the extension portion)(moderator plate 105; Berrian~ regarding extension portion)(Figures 2 & 7 and Paragraphs 0074-0075; Berrian), a recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) is recessed from the upper surface (upper surface 702; Berrian ~ regarding the upper surface) at least corresponding to the arch portion towards the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface), the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) is in communication with the through hole (opening 708; Berrian ~ regarding through hole) (Figures 2 & 7 and Paragraphs 0074-0075; Berrian), and the extension portion (moderate plate 105; Berrian~ regarding extension portion) is received in the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess).
Berrian fails to disclose wherein a hardness of the support sheet is higher than a hardness of the sole body.
Ritter teaches footwear sole with integrally molded shank and discloses wherein a hardness of the support sheet (shank piece 28; Ritter ~ regarding support sheet) is higher than a hardness of the sole body (shank piece 28; Ritter ~ regarding sole body)(Col. 4 and Lines 40-47; Ritter teaching “A shank piece 28 is separately fabricated of a higher hardness, preferably about 20 to 30 Shore C harder than sole piece 22.”) as doing so would provide enhanced support for the wearer of the footwear).
Therefore, based on Ritter’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Berrian’s support sheet and sole body to include wherein a hardness of the support sheet is higher than a hardness of the sole body, as doing so would provide enhanced support for the wearer of the footwear.
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As to Claim 2, Berrian/Ritter disclose the sole of claim 1, wherein the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) is a carbon plate, a nylon plate or a thermoplastic polyurethane plate (Paragraph 0094; Berrian, “In an aspect, the elastomeric material may include one or more thermoplastic elastomeric materials, such as one or more thermoplastic polyurethane (TPU)”).
As to Claim 3, Berrian/Ritter disclose the sole of claim 1, wherein the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) extends to the forefoot portion (anterior end 18 ~ regarding forefoot portion), and the extension portion (moderate plate 105; Berrian~ regarding extension portion) of the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) extends to the forefoot portion (anterior end 18 ~ regarding forefoot portion) (Figures 2 & 7; Berrian).
As to Claim 4, Berrian/Ritter disclose the sole of claim 1, wherein a depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) is recessed (Figures 2 & 7; Berrian) from the side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) that is flush with the extension portion (moderate plate 105; Berrian ~ regarding extension portion) towards the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface), the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression)(Figure 7; Berrian) comprises an opening on the side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) that is flush with the extension portion (moderate plate 105; Berrian~ regarding extension portion)(Figures 1-7; Berrian teaching the depression comprising an opening on the side of the main body that is flush with the extension portion), the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) is defined by an inner wall, the inner wall is an arc surface, (Figure 7; Berrian) and an area of a cross-section of the depression (Figure 7 & Paragraph 0048; Berrian ~ regarding a depression) in a direction where the opening is located closer to the opening is greater than an area of a cross-section of the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) in the direction where the opening is located further away from the opening (Figure 7; Berrian).
As to Claim 5, Berrian/Ritter disclose the sole of claim 1, wherein a height of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) (Figure 7; Berrian teaching a height of the main body) is in a range of 5mm to 15 mm (Figures 1-7 and Paragraph 0053; Berrian teaching that the cushioning element is in a range from 6 mm to 10 mm), and an end of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) facing away from the upper surface (upper surface 702; Berrian ~ regarding the upper surface) is located in the through hole (opening 708; Berrian ~ regarding through hole).
Although the height disclosed by Berrian appears to be wherein a height of the main body is in a range of 5mm to 15 mm, Berrian does not specifically provide commentary on the disclosed height. However, it would have been obvious to one of ordinary skill in the art to also provided wherein a height of the main body is in a range of 5mm to 15 mm for aesthetic purposes or for the improved support and comfort of the shoe wearer.
As to Claim 6, Berrian/Ritter disclose the sole of claim 1, wherein a thickness of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) gradually decreases from an end of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) connected to the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) to an end of the extension portion away from the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body)(Figure 7; Berrian teaching wherein a thickness of the extension portion gradually decreases from an end of the extension portion connected to the main body to an end of the extension portion away from the main body), and a depth of the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) gradually decreases from an end of the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) connected to the through hole (opening 708; Berrian ~ regarding through hole) to an end of the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) away from the through hole (opening 708; Berrian ~ regarding through hole)(Figure 7; Berrian teaching a depth of the recess gradually decreases from an end of the recess connected to the through hole to an end of the recess away from the through hole).
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As to Claim 7, Berrian/Ritter disclose the sole of claim 1, wherein a side of the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) facing away from the lower surface (Figures 5 & 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface) is flush with the upper surface (upper surface 702; Berrian ~ regarding the upper surface) of the sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body)(Figure 5; Berrian)(Paragraph 0063, 0075, 0116; Berrian).
As to Claim 8, Berrian/Ritter disclose the sole of claim 1, wherein the extension portion (moderate plate 105; Berrian ~ regarding extension portion) comprises a first part, a second part, a third part, and a fourth part respectively extending from the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body)(Figure 7; Berrian), the first part and the second part are arranged at an angle and respectively extend towards the forefoot portion (anterior end 18 ~ regarding forefoot portion)(Figure 7; Berrian), and the third part and the fourth part are arranged at an angle and respectively extend towards the rearfoot portion (Figure 6; Berrian).
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As to Claim 11, Berrian/Ritter disclose the sole of claim 4, wherein the opening (Figure 7; Berrian) is a rhombus, and each cross-section of the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) in a direction where the opening is located is a rhombus (Figure 6; Berrian).
As to Claim 12, Berrian discloses a footwear (footwear 10; Berrian) comprising: an upper (Figure 1; Berrian)(upper 100; Berrian); and a sole (sole structure 101; Berrian ~ regarding sole) connected to the upper (upper 100; Berrian), the sole (sole structure 101; Berrian ~ regarding sole) (Paragraph 0037; Berrian) comprising: a sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body) divided into a rearfoot portion (Figure 7; Berrian), a forefoot portion (anterior end 18 ~ regarding forefoot portion), and an arch portion connecting the rearfoot portion and the forefoot portion (anterior end 18 ~ regarding forefoot portion) (Figure 7; Berrian); and a support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) fixed to the sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body); the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) comprises a main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) and an extension portion (moderate plate 105; Berrian~ regarding extension portion) extending from the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) (Figure 7; Berrian), a thickness of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) is greater than a thickness of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) (Figure 7; Berrian teaching wherein a thickness of the main body is greater than a thickness of the extension portion), a side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) is flush with a side of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) (Paragraph 0075; Berrian "In other words, each of the forefoot cushioning element 703, the moderator plate 105, and the gasket 106 have corresponding geometries to communicate and rest flush with another." ~ regarding a side of the main body is flush with a side of the extension portion)(moderator plate 105; Berrian~ regarding extension portion), the sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body) comprises an upper surface (upper surface 702; Berrian ~ regarding the upper surface), a lower surface (Figure 7 and Paragraphs 0073-0074; Berrian “The outsole plate 704 may further include an upper surface 702 facing the upper 100 and a lower surface formed on an opposite side of the outsole plate 704 from the upper surface) facing away from the upper surface (upper surface 702; Berrian ~ regarding the upper surface), and a through hole (opening 708; Berrian ~ regarding through hole) penetrating the upper surface (upper surface 702; Berrian ~ regarding the upper surface) and the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface),
the through hole (opening 708; Berrian ~ regarding through hole) is located in the arch portion and the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) is received in the through hole (opening 708; Berrian ~ regarding through hole) (Figures 2 & 7 and Paragraphs 0074-0075; Berrian), the side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) flush with the extension portion faces away from the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface) (Paragraph 0075; Berrian "In other words, each of the forefoot cushioning element 703, the moderator plate 105, and the gasket 106 have corresponding geometries to communicate and rest flush with another." ~ regarding a side of the main body is flush with a side of the extension portion)(moderator plate 105; Berrian~ regarding extension portion)(Figures 2 & 7 and Paragraphs 0074-0075; Berrian), a recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) is recessed from the upper surface (upper surface 702; Berrian ~ regarding the upper surface) at least corresponding to the arch portion towards the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface), the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) is in communication with the through hole (opening 708; Berrian ~ regarding through hole) (Figures 2 & 7 and Paragraphs 0074-0075; Berrian), and the extension portion (moderate plate 105; Berrian~ regarding extension portion) is received in the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess).
Berrian fails to disclose wherein a hardness of the support sheet is higher than a hardness of the sole body.
Ritter teaches footwear sole with integrally molded shank and discloses wherein a hardness of the support sheet (shank piece 28; Ritter ~ regarding support sheet) is higher than a hardness of the sole body (shank piece 28; Ritter ~ regarding sole body)(Col. 4 and Lines 40-47; Ritter teaching “A shank piece 28 is separately fabricated of a higher hardness, preferably about 20 to 30 Shore C harder than sole piece 22.”) as doing so would provide enhanced support for the wearer of the footwear).
Therefore, based on Ritter’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Berrian’s support sheet and sole body to include wherein a hardness of the support sheet is higher than a hardness of the sole body, as doing so would provide enhanced support for the wearer of the footwear.
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As to Claim 13, Berrian/Ritter disclose the footwear of claim 12, wherein the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) is a carbon plate, a nylon plate or a thermoplastic polyurethane plate (Paragraph 0094; Berrian, “In an aspect, the elastomeric material may include one or more thermoplastic elastomeric materials, such as one or more thermoplastic polyurethane (TPU)”).
As to Claim 14, Berrian/Ritter disclose the footwear of claim 12, wherein the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) extends to the forefoot portion (anterior end 18 ~ regarding forefoot portion), and the extension portion (moderate plate 105; Berrian~ regarding extension portion) of the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) extends to the forefoot portion (anterior end 18 ~ regarding forefoot portion) (Figures 2 & 7; Berrian).
As to Claim 15, Berrian/Ritter disclose the footwear of claim 12,
wherein a depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) is recessed from the side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) that is flush with the extension portion (moderate plate 105; Berrian ~ regarding extension portion) towards the lower surface (Figure 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface), the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) comprises an opening on the side of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) that is flush with the extension portion (moderate plate 105; Berrian~ regarding extension portion), the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) is defined by an inner wall, the inner wall is an arc surface (Figure 7; Berrian), and an area of a cross-section of the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) in a direction where the opening is located closer to the opening is greater than an area of a cross-section of the depression (Paragraph 0048 and Paragraph 7; Berrian ~ regarding a depression) in the direction where the opening is located further away from the opening (Figure 7; Berrian).
As to Claim 16, Berrian/Ritter disclose the footwear of claim 12, wherein a height of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) (Figure 7; Berrian teaching a height of the main body) is in a range of 5mm to 15mm (Figures 1-7 and Paragraph 0053; Berrian teaching that the cushioning element is in a range from 6 mm to 10 mm), and an end of the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) facing away from the upper surface (upper surface 702; Berrian ~ regarding the upper surface) is located in the through hole (opening 708; Berrian ~ regarding through hole).
Although the height disclosed by Berrian appears to be wherein a height of the main body is in a range of 5mm to 15 mm, Berrian does not specifically provide commentary on the disclosed height. However, it would have been obvious to one of ordinary skill in the art to also provided wherein a height of the main body is in a range of 5mm to 15 mm for aesthetic purposes or for the improved support and comfort of the shoe wearer.
As to Claim 17, Berrian/Ritter disclose the footwear of claim 12, wherein a thickness of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) gradually decreases from an end of the extension portion (moderate plate 105; Berrian ~ regarding extension portion) connected to the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body) to an end of the extension portion away from the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body)(Figure 7; Berrian teaching wherein a thickness of the extension portion gradually decreases from an end of the extension portion connected to the main body to an end of the extension portion away from the main body), and a depth of the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) gradually decreases from an end of the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) connected to the through hole (opening 708; Berrian ~ regarding through hole) to an end of the recess (Figures 2 & 7 and Paragraphs 0074-0075; Berrian ~ regarding the recess) away from the through hole (opening 708; Berrian ~ regarding through hole)(Figure 7; Beriian teaching a depth of the recess gradually decreases from an end of the recess connected to the through hole to an end of the recess away from the through hole).
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As to Claim 18, Berrian/Ritter disclose the footwear of claim 12, wherein a side of the support sheet (cushion 103, gasket 106; Berrian ~ regarding support sheet) facing away from the lower surface (Figures 5 & 7 and Paragraphs 0073-0074; Berrian ~ regarding the lower surface)) is flush with the upper surface (upper surface 702; Berrian ~ regarding the upper surface) of the sole body (outsole plate 104, outsole plate 704; Berrian ~ regarding sole body)(Figure 5; Berrian)(Paragraph 0063, 0075, 0116; Berrian).
As to Claim 19, Berrian/Ritter disclose the footwear of claim 12, wherein the extension portion (moderate plate 105; Berrian ~ regarding extension portion) comprises a first part, a second part, a third part, and a fourth part respectively extending from the main body (cushioning element 703, moderator plate 105; Berrian ~ regarding main body)(Figure 7; Berrian), the first part and the second part are arranged at an angle and respectively extend towards the forefoot portion (anterior end 18 ~ regarding forefoot portion), and the third part and the fourth part are arranged at an angle and respectively extend towards the rearfoot portion (Figure 6; Berrian).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and can be found in PTO-892 for submitted herewith. The cited
prior art reference to Lin (US 5,896,682 A) is of particular relevance to the
claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm 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, CLINTON OSTRUP can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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