DETAILED ACTION
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 Claims
This is in response to Application filed on August 8, 2025 in which claims 1-20 are presented for examination.
Drawings
The drawings are objected to because Figures 3, 4 and 6 contain more than one figure within the figure numbers. Each Figure should be labeled with a separate figure number (see 37 C.F.R. 1.84(u) or be provided with connecting lead lines or brackets to show how the parts are interconnected.
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 8, 14 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and dependent claims of U.S. Patent No. 11,154,110. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 8, 14 and dependent claims are anticipated by the conflicting patented claims 1 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,154,110
1. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap at least partially around the upper.
4. wherein the strap is configured to pass through the void between the top layer and the bottom layer.
1. A knitted component, comprising: a forefoot portion having a top layer and a bottom layer,
wherein a void is formed between the top layer and the bottom layer, and wherein the top layer is secured to the bottom layer via at least one common knit structure;
a heel portion extending from the bottom layer of the forefoot portion in a longitudinal direction and indirectly secured to the top layer through the bottom layer of the forefoot portion via the at least one common knit structure; and
at least one extension extending from the heel area in a second direction when the knitted component is in an unfolded state, the second direction being different than the longitudinal direction,
wherein the at least one extension shares the common knit structure with the heel portion.
9. wherein the knitted component comprises a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
10. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into an article of footwear.
8. An article of footwear, comprising:
a sole structure; and an upper secured to the sole structure,
the upper comprising a knitted component comprising:
a forefoot portion comprising a top layer and a bottom layer, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion.
11. wherein the strap is configured to pass through the void defined between the top layer and the bottom layer.
1. A knitted component, comprising: a forefoot portion having a top layer and a bottom layer,
wherein a void is formed between the top layer and the bottom layer, and wherein the top layer is secured to the bottom layer via at least one common knit structure;
a heel portion extending from the bottom layer of the forefoot portion in a longitudinal direction and indirectly secured to the top layer through the bottom layer of the forefoot portion via the at least one common knit structure; and
at least one extension extending from the heel area in a second direction when the knitted component is in an unfolded state, the second direction being different than the longitudinal direction,
wherein the at least one extension shares the common knit structure with the heel portion.
9. wherein the knitted component comprises a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
10. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into an article of footwear.
14. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap around the forefoot portion of the upper.
18. wherein the side extension is configured to pass through the void defined between the top layer and the bottom layer.
1. A knitted component, comprising: a forefoot portion having a top layer and a bottom layer,
wherein a void is formed between the top layer and the bottom layer, and wherein the top layer is secured to the bottom layer via at least one common knit structure;
a heel portion extending from the bottom layer of the forefoot portion in a longitudinal direction and indirectly secured to the top layer through the bottom layer of the forefoot portion via the at least one common knit structure; and
at least one extension extending from the heel area in a second direction when the knitted component is in an unfolded state, the second direction being different than the longitudinal direction,
wherein the at least one extension shares the common knit structure with the heel portion.
9. wherein the knitted component comprises a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
10. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into an article of footwear.
Claims 1, 8, 14 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16 and dependent claims of U.S. Patent No. 11,957,201. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 8, 14 and dependent claims are anticipated by the conflicting patented claims 1, 16 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,957,201
1. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap at least partially around the upper.
4. wherein the strap is configured to pass through the void between the top layer and the bottom layer.
1. An article of footwear, comprising:
a forefoot portion having a top layer and a bottom layer, a void being formed between the top layer and the bottom layer;
a heel portion secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion, the heel portion forming a first portion of a collar,
wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side and the lateral heel side include a convex area on an inner surface of the heel portion; and
at least one extension extending from the heel portion, the at least one extension forming a second portion of the collar and being secured to an edge of the top layer of the forefoot portion.
14. further comprising a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
15. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into the article of footwear.
8. An article of footwear, comprising:
a sole structure; and an upper secured to the sole structure,
the upper comprising a knitted component comprising:
a forefoot portion comprising a top layer and a bottom layer, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion.
11. wherein the strap is configured to pass through the void defined between the top layer and the bottom layer.
1. An article of footwear, comprising:
a forefoot portion having a top layer and a bottom layer, a void being formed between the top layer and the bottom layer;
a heel portion secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion, the heel portion forming a first portion of a collar,
wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side and the lateral heel side include a convex area on an inner surface of the heel portion; and
at least one extension extending from the heel portion, the at least one extension forming a second portion of the collar and being secured to an edge of the top layer of the forefoot portion.
14. further comprising a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
15. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into the article of footwear.
14. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap around the forefoot portion of the upper.
18. wherein the side extension is configured to pass through the void defined between the top layer and the bottom layer.
1. An article of footwear, comprising:
a forefoot portion having a top layer and a bottom layer, a void being formed between the top layer and the bottom layer;
a heel portion secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion, the heel portion forming a first portion of a collar,
wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side and the lateral heel side include a convex area on an inner surface of the heel portion; and
at least one extension extending from the heel portion, the at least one extension forming a second portion of the collar and being secured to an edge of the top layer of the forefoot portion.
14. further comprising a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
15. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into the article of footwear.
1. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap at least partially around the upper.
4. wherein the strap is configured to pass through the void between the top layer and the bottom layer.
16. An article of footwear, comprising:
an upper comprising:
a forefoot portion having a top layer and a bottom layer, a void being formed between the top layer and the bottom layer;
a heel portion secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion,
the heel portion forming a first portion of a collar, wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side and the lateral heel side include a convex area on an inner surface of the heel portion; and
at least one extension extending from the heel portion, the at least one extension forming at least a second portion of the collar and being secured to an edge of the top layer of the forefoot portion; and a sole structure secured to the upper.
20. further comprising a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
8. An article of footwear, comprising:
a sole structure; and an upper secured to the sole structure,
the upper comprising a knitted component comprising:
a forefoot portion comprising a top layer and a bottom layer, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion.
11. wherein the strap is configured to pass through the void defined between the top layer and the bottom layer.
16. An article of footwear, comprising:
an upper comprising:
a forefoot portion having a top layer and a bottom layer, a void being formed between the top layer and the bottom layer;
a heel portion secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion,
the heel portion forming a first portion of a collar, wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side and the lateral heel side include a convex area on an inner surface of the heel portion; and
at least one extension extending from the heel portion, the at least one extension forming at least a second portion of the collar and being secured to an edge of the top layer of the forefoot portion; and a sole structure secured to the upper.
20. further comprising a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
14. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap around the forefoot portion of the upper.
18. wherein the side extension is configured to pass through the void defined between the top layer and the bottom layer.
16. An article of footwear, comprising:
an upper comprising:
a forefoot portion having a top layer and a bottom layer, a void being formed between the top layer and the bottom layer;
a heel portion secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion,
the heel portion forming a first portion of a collar, wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side and the lateral heel side include a convex area on an inner surface of the heel portion; and
at least one extension extending from the heel portion, the at least one extension forming at least a second portion of the collar and being secured to an edge of the top layer of the forefoot portion; and a sole structure secured to the upper.
20. further comprising a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
Claims 1, 8, 14 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and dependent claims of U.S. Patent No. 12,389,976. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 8, 14 and dependent claims are anticipated by the conflicting patented claims 1, 10 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 12,389,976
1. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap at least partially around the upper.
4. wherein the strap is configured to pass through the void between the top layer and the bottom layer.
8. further comprising a heel portion integrally knit with the bottom layer of the forefoot portion, the heel portion forming at least a portion of a collar.
1. A method, comprising: forming a forefoot portion of a knitted component on a knitting machine,
the forefoot portion having a top layer and a bottom layer, wherein a void is formed between the top layer and the bottom layer, and
wherein the top layer is secured to the bottom layer via at least one common knit structure;
forming a heel portion of the knitted component on the knitting machine, wherein the heel portion is secured to the bottom layer of the forefoot portion via at least one common knit structure,
wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side, the lateral heel side, and the rear portion comprises a convex area on an inner surface of the heel portion; and
forming at least one extension of the knitted component on the knitting machine, the at least one extension being attached to the heel portion.
8. wherein the knitted component comprises a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
9. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into an article of footwear.
8. An article of footwear, comprising:
a sole structure; and an upper secured to the sole structure,
the upper comprising a knitted component comprising:
a forefoot portion comprising a top layer and a bottom layer, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion.
11. wherein the strap is configured to pass through the void defined between the top layer and the bottom layer.
12. further comprising a heel portion integrally knit with the bottom layer of the forefoot portion, the heel portion forming at least a portion of a collar.
1. A method, comprising: forming a forefoot portion of a knitted component on a knitting machine,
the forefoot portion having a top layer and a bottom layer, wherein a void is formed between the top layer and the bottom layer, and
wherein the top layer is secured to the bottom layer via at least one common knit structure;
forming a heel portion of the knitted component on the knitting machine, wherein the heel portion is secured to the bottom layer of the forefoot portion via at least one common knit structure,
wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side, the lateral heel side, and the rear portion comprises a convex area on an inner surface of the heel portion; and
forming at least one extension of the knitted component on the knitting machine, the at least one extension being attached to the heel portion.
8. wherein the knitted component comprises a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
9. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into an article of footwear.
14. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap around the forefoot portion of the upper.
18. wherein the side extension is configured to pass through the void defined between the top layer and the bottom layer.
1. A method, comprising: forming a forefoot portion of a knitted component on a knitting machine,
the forefoot portion having a top layer and a bottom layer, wherein a void is formed between the top layer and the bottom layer, and
wherein the top layer is secured to the bottom layer via at least one common knit structure;
forming a heel portion of the knitted component on the knitting machine, wherein the heel portion is secured to the bottom layer of the forefoot portion via at least one common knit structure,
wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side, wherein at least one of the medial heel side, the lateral heel side, and the rear portion comprises a convex area on an inner surface of the heel portion; and
forming at least one extension of the knitted component on the knitting machine, the at least one extension being attached to the heel portion.
8. wherein the knitted component comprises a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
9. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into an article of footwear.
1. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap at least partially around the upper.
4. wherein the strap is configured to pass through the void between the top layer and the bottom layer.
6. further comprising a heel portion integrally knit with the bottom layer of the forefoot portion, the heel portion forming at least a portion of a collar.
10. A method of manufacturing an upper for an article of footwear, the method comprising:
forming a forefoot portion on a knitting machine, the forefoot portion having a top layer and a bottom layer, and a void formed between the top layer and the bottom layer; and
forming a heel portion on the knitting machine, the heel portion being secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion,
the heel portion forming a first portion of a collar, wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side,
wherein at least one of the medial heel side, the lateral heel side, and the rear portion comprises a convex area on an inner surface of the heel portion.
14. further comprising forming a side extension on the knitting machine, the side extension extending from a boundary located between the top layer and the bottom layer of the forefoot portion.
15. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into the article of footwear.
8. An article of footwear, comprising:
a sole structure; and an upper secured to the sole structure,
the upper comprising a knitted component comprising:
a forefoot portion comprising a top layer and a bottom layer, the top layer and the bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion.
11. wherein the strap is configured to pass through the void defined between the top layer and the bottom layer.
12. further comprising a heel portion integrally knit with the bottom layer of the forefoot portion, the heel portion forming at least a portion of a collar.
10. A method of manufacturing an upper for an article of footwear, the method comprising:
forming a forefoot portion on a knitting machine, the forefoot portion having a top layer and a bottom layer, and a void formed between the top layer and the bottom layer; and
forming a heel portion on the knitting machine, the heel portion being secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion,
the heel portion forming a first portion of a collar, wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side,
wherein at least one of the medial heel side, the lateral heel side, and the rear portion comprises a convex area on an inner surface of the heel portion.
14. further comprising forming a side extension on the knitting machine, the side extension extending from a boundary located between the top layer and the bottom layer of the forefoot portion.
15. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into the article of footwear.
20. further comprising a side extension extending from a boundary between the top layer and the bottom layer of the forefoot portion.
14. An upper for an article of footwear, the upper comprising:
a knitted component, comprising:
a forefoot portion comprising a top layer and a bottom later, the top layer and bottom layer defining a void therebetween; and
a side extension integrally knit with at least one of the top layer and the bottom layer,
wherein the side extension comprises a strap configured to wrap around the forefoot portion of the upper.
18. wherein the side extension is configured to pass through the void defined between the top layer and the bottom layer.
10. A method of manufacturing an upper for an article of footwear, the method comprising:
forming a forefoot portion on a knitting machine, the forefoot portion having a top layer and a bottom layer, and a void formed between the top layer and the bottom layer; and
forming a heel portion on the knitting machine, the heel portion being secured to the bottom layer of the forefoot portion and indirectly secured to the top layer through the bottom layer of the forefoot portion,
the heel portion forming a first portion of a collar, wherein the heel portion comprises a medial heel side, a lateral heel side, and a rear portion between the medial heel side and the lateral heel side,
wherein at least one of the medial heel side, the lateral heel side, and the rear portion comprises a convex area on an inner surface of the heel portion.
14. further comprising forming a side extension on the knitting machine, the side extension extending from a boundary located between the top layer and the bottom layer of the forefoot portion.
15. wherein the side extension forms a strap for surrounding a foot of a wearer when incorporated into the article of footwear.
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 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.
Claims 1-3, 8-10 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sokolowski et al. (2012/0240429)[Sokolowski].
Regarding claim 1, Sokolowski teaches, An upper for an article of footwear (130, [0066], figure 12), the upper comprising: a knitted component, comprising: a forefoot portion comprising a top layer and a bottom later, the top layer and the bottom layer defining a void therebetween (“In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], therefore, 130 comprising: a knitted component, comprising: a forefoot portion comprising a top layer (top layer of 130, here, 130 is flat knitted and therefore has a top layer) and a bottom layer (bottom layer of 130, here, 130 is flat knitted and therefore has a bottom layer), the top layer and the bottom layer defining a void therebetween, figures 12); and a side extension integrally knit with at least one of the top layer and the bottom layer, wherein the side extension comprises a strap configured to wrap at least partially around the upper (“In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], “In the example article of footwear 100 shown in FIG. 12, the article of footwear 100 includes a sole structure 120 and an upper 130. A separate sole structure 120 may be provided and attached to the upper 130, if desired, or the upper 130 and the sole structure 120 may be provided as a unitary, one-piece construction (e.g., as a flat knit yoga shoe, slipper, bootie, or the like). The upper 130 of this example structure 100 includes a foot-receiving portion 131 that defines an opening 133 through which the wearer's foot may be inserted. This example structure 100 includes a single strap 132 that extends over the wearer's foot to secure the foot in the article of footwear 100. While any desired type of securing system may be provided (e.g., buttons, snaps, hooks, buckles, etc.), in this example structure 100, one portion of a hook-and-loop fastener 134 is provided on the free end of the strap 132, and this portion of the fastener 134 secures to another portion of the hook-and-loop fastener (not shown) provided at the side of the upper 130. The strap 132 may be provided on either the lateral side or the medial side of the upper member 130 without departing from the invention. This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], therefore, 132 integrally knit with at least one of the top layer (top layer of 130) and the bottom layer (bottom layer of 132), wherein 132 comprises a strap configured to wrap at least partially around 130, figure 12).
Regarding claim 2, Sokolowski teaches, wherein the strap is configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion (“This example structure 100 includes a single strap 132 that extends over the wearer's foot to secure the foot in the article of footwear 100. While any desired type of securing system may be provided (e.g., buttons, snaps, hooks, buckles, etc.), in this example structure 100, one portion of a hook-and-loop fastener 134 is provided on the free end of the strap 132, and this portion of the fastener 134 secures to another portion of the hook-and-loop fastener (not shown) provided at the side of the upper 130. The strap 132 may be provided on either the lateral side or the medial side of the upper member 130 without departing from the invention.”, [0066], therefore, wherein 132 is configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion, figure 12, Examiner notes: Applicant’s specification discloses reference number 130 as the forefoot portion, and therefore, 132 is configured to extend from a lateral side to a medial side of the forefoot portion as claimed).
Regarding claim 3, Sokolowski teaches, wherein the strap comprises a tubular knit structure (“. This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], “Another article of footwear 10' is depicted in FIGS. 11A and 11B as including a sole structure 20' and an upper 30'.”, [0057], “Upper 30' includes a foot-receiving portion 31' and a pair of straps 32' that extend outward from sides of foot-receiving portion 31'.”, [0058], “straps 32' may have a tubular configuration that is effectively formed from two layers of the textile material.”, [0058], therefore, wherein 132 comprises a tubular knit structure).
Regarding claim 8, Sokolowski teaches, An article of footwear, comprising: a sole structure; and an upper secured to the sole structure (100, comprising 120; and 130 secured to 120, [0066]), the upper comprising a knitted component comprising: a forefoot portion comprising a top layer and a bottom layer, the top layer and the bottom layer defining a void therebetween (“In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], therefore, 130 comprising: a knitted component, comprising: a forefoot portion comprising a top layer (top layer of 130, here, 130 is flat knitted and therefore has a top layer) and a bottom layer (bottom layer of 130, here, 130 is flat knitted and therefore has a bottom layer), the top layer and the bottom layer defining a void therebetween, figures 12); and a side extension integrally knit with at least one of the top layer and the bottom layer, wherein the side extension comprises a strap configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion (“In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], “In the example article of footwear 100 shown in FIG. 12, the article of footwear 100 includes a sole structure 120 and an upper 130. A separate sole structure 120 may be provided and attached to the upper 130, if desired, or the upper 130 and the sole structure 120 may be provided as a unitary, one-piece construction (e.g., as a flat knit yoga shoe, slipper, bootie, or the like). The upper 130 of this example structure 100 includes a foot-receiving portion 131 that defines an opening 133 through which the wearer's foot may be inserted. This example structure 100 includes a single strap 132 that extends over the wearer's foot to secure the foot in the article of footwear 100. While any desired type of securing system may be provided (e.g., buttons, snaps, hooks, buckles, etc.), in this example structure 100, one portion of a hook-and-loop fastener 134 is provided on the free end of the strap 132, and this portion of the fastener 134 secures to another portion of the hook-and-loop fastener (not shown) provided at the side of the upper 130. The strap 132 may be provided on either the lateral side or the medial side of the upper member 130 without departing from the invention. This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], therefore, 132 integrally knit with at least one of the top layer (top layer of 130) and the bottom layer (bottom layer of 132), wherein 132 comprises a strap configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion, figure 12).
Regarding claim 9, Sokolowski teaches, wherein the strap is integrally knit with a boundary between the top layer and the bottom layer of the forefoot portion (“This example structure 100 includes a single strap 132 that extends over the wearer's foot to secure the foot in the article of footwear 100. While any desired type of securing system may be provided (e.g., buttons, snaps, hooks, buckles, etc.), in this example structure 100, one portion of a hook-and-loop fastener 134 is provided on the free end of the strap 132, and this portion of the fastener 134 secures to another portion of the hook-and-loop fastener (not shown) provided at the side of the upper 130. The strap 132 may be provided on either the lateral side or the medial side of the upper member 130 without departing from the invention. This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], therefore, wherein 132 is integrally knit with a boundary between the top layer and the bottom layer (top layer and bottom layer of 130) of the forefoot portion, figure 13, see also [0063], figures 11A and 11B).
Regarding claim 10, Sokolowski teaches, wherein the strap is configured to fold over the top layer of the forefoot portion (“This example structure 100 includes a single strap 132 that extends over the wearer's foot to secure the foot in the article of footwear 100. While any desired type of securing system may be provided (e.g., buttons, snaps, hooks, buckles, etc.), in this example structure 100, one portion of a hook-and-loop fastener 134 is provided on the free end of the strap 132, and this portion of the fastener 134 secures to another portion of the hook-and-loop fastener (not shown) provided at the side of the upper 130. The strap 132 may be provided on either the lateral side or the medial side of the upper member 130 without departing from the invention. This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], therefore, wherein 132 is configured to fold over the top layer (top layer of 130) of the forefoot portion, figure 13).
Regarding claim 14, Sokolowski teaches, An upper for an article of footwear (130, [0066], figure 12), the upper comprising: a knitted component, comprising: a forefoot portion comprising a top layer and a bottom later, the top layer and the bottom layer defining a void therebetween (“In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], therefore, 130 comprising: a knitted component, comprising: a forefoot portion comprising a top layer (top layer of 130, here, 130 is flat knitted and therefore has a top layer) and a bottom layer (bottom layer of 130, here, 130 is flat knitted and therefore has a bottom layer), the top layer and the bottom layer defining a void therebetween, figures 12); and a side extension integrally knit with at least one of the top layer and the bottom layer, wherein the side extension comprises a strap configured to wrap around the forefoot portion of the upper (“In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], “In the example article of footwear 100 shown in FIG. 12, the article of footwear 100 includes a sole structure 120 and an upper 130. A separate sole structure 120 may be provided and attached to the upper 130, if desired, or the upper 130 and the sole structure 120 may be provided as a unitary, one-piece construction (e.g., as a flat knit yoga shoe, slipper, bootie, or the like). The upper 130 of this example structure 100 includes a foot-receiving portion 131 that defines an opening 133 through which the wearer's foot may be inserted. This example structure 100 includes a single strap 132 that extends over the wearer's foot to secure the foot in the article of footwear 100. While any desired type of securing system may be provided (e.g., buttons, snaps, hooks, buckles, etc.), in this example structure 100, one portion of a hook-and-loop fastener 134 is provided on the free end of the strap 132, and this portion of the fastener 134 secures to another portion of the hook-and-loop fastener (not shown) provided at the side of the upper 130. The strap 132 may be provided on either the lateral side or the medial side of the upper member 130 without departing from the invention. This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], therefore, 132 integrally knit with at least one of the top layer (top layer of 130) and the bottom layer (bottom layer of 132), wherein 132 comprises 132 is a strap configured to wrap around the forefoot portion of the upper, figure 12).
Regarding claim 15, Sokolowski teaches, wherein the strap is elongated and extends to a distal end (wherein 132 is elongated and extends to a distal end, [0066], figure 12).
Regarding claim 16, Sokolowski teaches, wherein the strap is configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion (wherein 132 is configured to extend from a lateral side of the forefoot portion to a medial side of the forefoot portion, [0066], figure 12).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4, 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over by Sokolowski et al. (2012/0240429)[Sokolowski] in view of by Sokolowski et al. figures 1-8E and 13(2012/0240429)[Sokolowski Figures 1-8E and 13].
Regarding claim 4, Sokolowski teaches, the strap (132, figure 12) and the void between the top layer and the bottom layer (the void between the top layer of 130 and the bottom layer of 130).
Sokolowski fails to teach, wherein the strap is configured to pass through the void between the top layer and the bottom layer.
Sokolowski figure 1-8E and 13, teaches, wherein the strap is configured to pass through the void between the top layer and the bottom layer (“Lateral textile element 40 is depicted individually in FIG. 5 and is formed of unitary (i.e., one-piece) construction through a flat knitting process. That is, a flat knitting process is utilized to mechanically manipulate one or more yarns in a manner that forms an upper edge 41, a lower edge 42, a rear edge 43, and four channels 44 in lateral textile element 40. As depicted in the cross-section of FIG. 4B, channels 44 are formed from two at least partially coextensive layers of the material forming lateral textile element 40, and the two layers are formed of unitary (i.e., one piece) construction through the flat knitting process. When viewed from the side of footwear 10, as in FIG. 1, channels 44 are oriented in a substantially vertical direction or are angled with respect to a vertical direction.”, [0041], “Medial textile element 50 is depicted individually in FIG. 6 and is similar in shape and configuration to lateral textile element 40. Accordingly, medial textile element 50 is formed of unitary (i.e., one-piece) construction through a flat knitting process. That is, a flat knitting process is utilized to mechanically manipulate one or more yarns in a manner that forms an upper edge 51, a lower edge 52, a rear edge 53, and four channels 54 in medial textile element 50. As depicted in the cross-section of FIG. 4B, channels 54 are formed from two at least partially coextensive layers of the material forming medial textile element 50, and the two layers are formed of unitary (i.e., one piece) construction through the flat knitting process. When viewed from the side of footwear 10, as in FIG. 2, channels 54 are oriented in a substantially vertical direction or are angled with respect to the vertical direction. Channels 54 are, therefore, similar in configuration and orientation to channels 44 of lateral textile element 40.”, [0042], “In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], “Straps 232 may be formed as a unitary, one piece construction with the upper member 130, e.g., during a flat knitting process, like the processes described above in conjunction with FIGS. 11A through 12…optionally extending through channels formed in the upper member 130, e.g., in a manner similar to the channels 44 and 54 described above in conjunction with FIGS. 1-8E. Other strap and/or fastener arrangements may be provided without departing from this invention.”, [0068], therefore, wherein 232 is configured to pass through the void (“channels formed in the upper member 130, e.g., in a manner similar to the channels 44 and 54 described above in conjunction with FIGS. 1-8E.”) between the top layer of 130 and the bottom layer of 130, figure 13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the strap of Sokolowski as being configured to pass through the void between the top layer and the bottom layer as taught by Sokolowski figures 18-88E and 13 in order to provide stability and containment for the strap, to minimize strap movement.
Regarding claim 11, Sokolowski teaches, the strap (132, figure 12) and the void between the top layer and the bottom layer (the void between the top layer of 130 and the bottom layer of 130).
Sokolowski fails to teach, wherein the strap is configured to pass through the void between the top layer and the bottom layer.
Sokolowski figure 1-8E and 13, teaches, wherein the strap is configured to pass through the void between the top layer and the bottom layer (“Lateral textile element 40 is depicted individually in FIG. 5 and is formed of unitary (i.e., one-piece) construction through a flat knitting process. That is, a flat knitting process is utilized to mechanically manipulate one or more yarns in a manner that forms an upper edge 41, a lower edge 42, a rear edge 43, and four channels 44 in lateral textile element 40. As depicted in the cross-section of FIG. 4B, channels 44 are formed from two at least partially coextensive layers of the material forming lateral textile element 40, and the two layers are formed of unitary (i.e., one piece) construction through the flat knitting process. When viewed from the side of footwear 10, as in FIG. 1, channels 44 are oriented in a substantially vertical direction or are angled with respect to a vertical direction.”, [0041], “Medial textile element 50 is depicted individually in FIG. 6 and is similar in shape and configuration to lateral textile element 40. Accordingly, medial textile element 50 is formed of unitary (i.e., one-piece) construction through a flat knitting process. That is, a flat knitting process is utilized to mechanically manipulate one or more yarns in a manner that forms an upper edge 51, a lower edge 52, a rear edge 53, and four channels 54 in medial textile element 50. As depicted in the cross-section of FIG. 4B, channels 54 are formed from two at least partially coextensive layers of the material forming medial textile element 50, and the two layers are formed of unitary (i.e., one piece) construction through the flat knitting process. When viewed from the side of footwear 10, as in FIG. 2, channels 54 are oriented in a substantially vertical direction or are angled with respect to the vertical direction. Channels 54 are, therefore, similar in configuration and orientation to channels 44 of lateral textile element 40.”, [0042], “In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], “Straps 232 may be formed as a unitary, one piece construction with the upper member 130, e.g., during a flat knitting process, like the processes described above in conjunction with FIGS. 11A through 12…optionally extending through channels formed in the upper member 130, e.g., in a manner similar to the channels 44 and 54 described above in conjunction with FIGS. 1-8E. Other strap and/or fastener arrangements may be provided without departing from this invention.”, [0068], therefore, wherein 232 is configured to pass through the void (“channels formed in the upper member 130, e.g., in a manner similar to the channels 44 and 54 described above in conjunction with FIGS. 1-8E.”) between the top layer of 130 and the bottom layer of 130, figure 13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the strap of Sokolowski as being configured to pass through the void between the top layer and the bottom layer as taught by Sokolowski figures 18-88E and 13 in order to provide stability and containment for the strap, to minimize strap movement.
Regarding claim 18, Sokolowski teaches, the side extension (132, figure 12) and the void between the top layer and the bottom layer (the void between the top layer of 130 and the bottom layer of 130).
Sokolowski fails to teach, wherein the side extension is configured to pass through the void between the top layer and the bottom layer.
Sokolowski figure 1-8E and 13, teaches, wherein the side extension is configured to pass through the void between the top layer and the bottom layer (“Lateral textile element 40 is depicted individually in FIG. 5 and is formed of unitary (i.e., one-piece) construction through a flat knitting process. That is, a flat knitting process is utilized to mechanically manipulate one or more yarns in a manner that forms an upper edge 41, a lower edge 42, a rear edge 43, and four channels 44 in lateral textile element 40. As depicted in the cross-section of FIG. 4B, channels 44 are formed from two at least partially coextensive layers of the material forming lateral textile element 40, and the two layers are formed of unitary (i.e., one piece) construction through the flat knitting process. When viewed from the side of footwear 10, as in FIG. 1, channels 44 are oriented in a substantially vertical direction or are angled with respect to a vertical direction.”, [0041], “Medial textile element 50 is depicted individually in FIG. 6 and is similar in shape and configuration to lateral textile element 40. Accordingly, medial textile element 50 is formed of unitary (i.e., one-piece) construction through a flat knitting process. That is, a flat knitting process is utilized to mechanically manipulate one or more yarns in a manner that forms an upper edge 51, a lower edge 52, a rear edge 53, and four channels 54 in medial textile element 50. As depicted in the cross-section of FIG. 4B, channels 54 are formed from two at least partially coextensive layers of the material forming medial textile element 50, and the two layers are formed of unitary (i.e., one piece) construction through the flat knitting process. When viewed from the side of footwear 10, as in FIG. 2, channels 54 are oriented in a substantially vertical direction or are angled with respect to the vertical direction. Channels 54 are, therefore, similar in configuration and orientation to channels 44 of lateral textile element 40.”, [0042], “In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0045], “Straps 232 may be formed as a unitary, one piece construction with the upper member 130, e.g., during a flat knitting process, like the processes described above in conjunction with FIGS. 11A through 12…optionally extending through channels formed in the upper member 130, e.g., in a manner similar to the channels 44 and 54 described above in conjunction with FIGS. 1-8E. Other strap and/or fastener arrangements may be provided without departing from this invention.”, [0068], therefore, wherein 232 is configured to pass through the void (“channels formed in the upper member 130, e.g., in a manner similar to the channels 44 and 54 described above in conjunction with FIGS. 1-8E.”) between the top layer of 130 and the bottom layer of 130, figure 13).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the side extension of Sokolowski as being configured to pass through the void between the top layer and the bottom layer as taught by Sokolowski figures 18-88E and 13 in order to provide stability and containment for the side extension, to minimize strap movement.
Claims 6-7, 12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over by Sokolowski et al. (2012/0240429)[Sokolowski] in view of by Sokolowski et al. figures 1-8E and 13(2012/0240429)[Sokolowski Figures 1-8E].
Regarding claim 6, Sokolowski teaches, further comprising a heel portion integrally knit with the bottom layer of the forefoot portion (“In the example article of footwear 100 shown in FIG. 12, the article of footwear 100 includes a sole structure 120 and an upper 130. A separate sole structure 120 may be provided and attached to the upper 130, if desired, or the upper 130 and the sole structure 120 may be provided as a unitary, one-piece construction (e.g., as a flat knit yoga shoe, slipper, bootie, or the like). The upper 130 of this example structure 100 includes a foot-receiving portion 131 that defines an opening 133 through which the wearer's foot may be inserted.”, [0066], therefore, further comprising a heel portion integrally knit with the bottom layer of the forefoot portion, figure 12).
While Sokolowski discloses footwear 100 as “e.g., as a flat knit yoga shoe, slipper, bootie, or the like”, Sokolowski fails to teach, the heel portion forming at least a portion of a collar.
Sokolowski figure 1-8E, teaches, the heel portion forming at least a portion of a collar (“Central textile element 60 is depicted individually in FIG. 7 and includes a forward portion 61, a center portion 62, and a rearward portion 63 formed of unitary (i.e., one piece) construction…Rearward portion 63 is primarily located in heel region 13 and has a generally Y-shaped configuration defined by a lateral edge 66a, a medial edge 66b, and an ankle edge 66c. As described in greater detail below, lateral edge 66a is joined to lateral textile element 40, medial edge 66b is joined to medial textile element 50, and ankle edge 66c forms a portion of an upper edge of ankle opening 31.”, [0043], therefore, 63 forming at least a portion of a collar, figures 1, 2, 7 and 8A-8C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the heel portion of Sokolowski as forming at least a portion of a collar as taught by Sokolowski figures 1-8E in order to provide a collar to support and stabilize the user’s ankle.
Regarding claim 7, Sokolowski teaches, the upper (130, figure 12).
Sokolowski fails to teach, wherein the upper comprises a seam that extends along a side of the upper.
Sokolowski figure 1-8E, teaches, wherein the upper comprises a seam that extends along a side of the upper (“Central textile element 60 is depicted individually in FIG. 7 and includes a forward portion 61, a center portion 62, and a rearward portion 63 formed of unitary (i.e., one piece) construction…Rearward portion 63 is primarily located in heel region 13 and has a generally Y-shaped configuration defined by a lateral edge 66a, a medial edge 66b, and an ankle edge 66c. As described in greater detail below, lateral edge 66a is joined to lateral textile element 40, medial edge 66b is joined to medial textile element 50, and ankle edge 66c forms a portion of an upper edge of ankle opening 31.”, [0043], “Once lower portions of textile elements 40 and 50 are joined to center portion 62, textile elements 40 and 50 are joined to rearward portion 63, as depicted in FIG. 8B. More particularly, rear edge 43 of lateral textile element 40 is stitched to lateral edge 66a of rearward portion 63, and rear edge 53 of medial textile element 50 is stitched to medial edge 66b of rearward portion 63.”, [0055], therefore, wherein 30 comprises a seam (seam connecting 63 to 40/50) that extends along a side of 30, figures 8A-8C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the upper of Sokolowski as comprising a seam that extends along a side of the upper taught by Sokolowski figures 1-8E in order to provide a rear collar to support and stabilize the user’s ankle.
Regarding claim 12, Sokolowski teaches, further comprising a heel portion integrally knit with the bottom layer of the forefoot portion (“In the example article of footwear 100 shown in FIG. 12, the article of footwear 100 includes a sole structure 120 and an upper 130. A separate sole structure 120 may be provided and attached to the upper 130, if desired, or the upper 130 and the sole structure 120 may be provided as a unitary, one-piece construction (e.g., as a flat knit yoga shoe, slipper, bootie, or the like). The upper 130 of this example structure 100 includes a foot-receiving portion 131 that defines an opening 133 through which the wearer's foot may be inserted.”, [0066], therefore, further comprising a heel portion integrally knit with the bottom layer of the forefoot portion, figure 12).
While Sokolowski discloses footwear 100 as “e.g., as a flat knit yoga shoe, slipper, bootie, or the like”, Sokolowski fails to teach, the heel portion forming at least a portion of a collar.
Sokolowski figure 1-8E, teaches, the heel portion forming at least a portion of a collar (“Central textile element 60 is depicted individually in FIG. 7 and includes a forward portion 61, a center portion 62, and a rearward portion 63 formed of unitary (i.e., one piece) construction…Rearward portion 63 is primarily located in heel region 13 and has a generally Y-shaped configuration defined by a lateral edge 66a, a medial edge 66b, and an ankle edge 66c. As described in greater detail below, lateral edge 66a is joined to lateral textile element 40, medial edge 66b is joined to medial textile element 50, and ankle edge 66c forms a portion of an upper edge of ankle opening 31.”, [0043], therefore, 63 forming at least a portion of a collar, figures 1, 2, 7 and 8A-8C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the heel portion of Sokolowski as forming at least a portion of a collar as taught by Sokolowski figures 1-8E in order to provide a collar to support and stabilize the user’s ankle.
Regarding claim 19, Sokolowski teaches, wherein the knitted component comprises yarns formed with an elastic material (“Flat knitted elements also can be formed directly in desired three dimensional shapes, which can help avoid the need to use additional support structures in the overall footwear construction (which also saves time, money, etc.; produces a lighter and/or more flexible product; may eliminate seams and at least some sewing, etc.; etc.). By selectively placing multiple different yarns and/or stitch patterns at multiple different locations in the overall structure during the knitting process, flat knitted products may have multiple different physical properties (e.g., different stretchability, different moisture management capabilities, etc.) at multiple different locations or zones within a single, unitary construction (e.g., different properties at different zones or locations within a single footwear structure).”, [0036], therefore, wherein 130 comprises yarns, figure 12).
Sokolowski fails to teach, wherein the knitted component comprises yarns formed with an elastic material.
Sokolowski figure 1-8E, teaches, wherein the knitted component comprises yarns formed with an elastic material (“Each of textile elements 40, 50, and 60 may be formed through a flat knitting process. In general, flat knitting is a method for producing knitted material in which the material is turned periodically (i.e., the material is knitted from alternating sides). The two sides (otherwise referred to as "faces") of the material are conventionally designated as the "right side" (i.e., the side that faces outwards, towards the viewer) and the "wrong side" (i.e., the side that faces inwards, away from the viewer).”, [0048], “As another example, the knit/yarn combination utilized for rearward portion 63 may be selected to impart stretch and recovery to ankle opening 31. Accordingly, the flat knitting process may be utilized to form a generally three-dimensional or overlapping structure having areas with different properties that are produced from combinations of different types of stitches and different types of yarns.”, [0049], “The yarn forming textile elements 40, 50, and 60 may include cotton and wool fibers, natural filaments such as silk, and synthetic filaments that include rayon, nylon, polyester, and acrylic. Other materials also may be used without departing from this invention. The yarn may be a monofilament yarn or a plurality of individual filaments. The yarn may also be formed of separate filaments formed of different materials, or the yarn may be formed of filaments that are each formed of two or more different materials. Similar concepts also apply to yarns formed from fibers. In order to provide the stretch and recovery properties to upper 30, and particularly textile elements 40, 50, and 60, a yarn that incorporates an elastane fiber may be utilized. Elastane fibers are available from E.I. duPont de Nemours Company under the LYCRA.RTM. trademark. Such fibers may have the configuration of covered LYCRA.RTM., wherein the fiber includes a LYCRA.RTM. core that is surrounded by a nylon sheath. One suitable yarn, for example, includes a 70 denier elastane core that is covered with nylon having a 2 ply, 80 denier, 92 filament structure. Other fibers or filaments exhibiting elastic properties may also be utilized.”, [0051], therefore, wherein 40/50/60 comprises yarns formed with an elastic material, figures 1-3 and 5-8C, see also [0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide knitted component of Sokolowski as comprising yarns formed with an elastic material taught by Sokolowski figures 1-8E in order to provide a “knit/yarn combination utilized for rearward portion 63 may be selected to impart stretch and recovery to ankle opening”, [0049].
Regarding claim 20, Sokolowski teaches, the upper (130, figure 12).
Sokolowski fails to teach, wherein the upper is configured to be attached together at a side seam.
Sokolowski figure 1-8E, teaches, wherein the upper is configured to be attached together at a side seam (“Central textile element 60 is depicted individually in FIG. 7 and includes a forward portion 61, a center portion 62, and a rearward portion 63 formed of unitary (i.e., one piece) construction…Rearward portion 63 is primarily located in heel region 13 and has a generally Y-shaped configuration defined by a lateral edge 66a, a medial edge 66b, and an ankle edge 66c. As described in greater detail below, lateral edge 66a is joined to lateral textile element 40, medial edge 66b is joined to medial textile element 50, and ankle edge 66c forms a portion of an upper edge of ankle opening 31.”, [0043], “Once lower portions of textile elements 40 and 50 are joined to center portion 62, textile elements 40 and 50 are joined to rearward portion 63, as depicted in FIG. 8B. More particularly, rear edge 43 of lateral textile element 40 is stitched to lateral edge 66a of rearward portion 63, and rear edge 53 of medial textile element 50 is stitched to medial edge 66b of rearward portion 63.”, [0055], therefore, wherein 40/50/60 is configured to be attached together at a side seam, figures 8A-8C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the upper of Sokolowski as being configured to be attached together at a side seam as taught by Sokolowski figures 1-8E in order to provide a rear collar to support and stabilize the user’s ankle.
Claim 5, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over by Sokolowski et al. (2012/0240429)[Sokolowski] in view of by Dua et al. (2015/0320136)[Dua].
Regarding claim 5, Sokolowski teaches, the forefoot portion comprises a yarn (“Flat knitted elements also can be formed directly in desired three dimensional shapes, which can help avoid the need to use additional support structures in the overall footwear construction (which also saves time, money, etc.; produces a lighter and/or more flexible product; may eliminate seams and at least some sewing, etc.; etc.). By selectively placing multiple different yarns and/or stitch patterns at multiple different locations in the overall structure during the knitting process”, [0036], “The flat knitting process may also be utilized to form areas with different properties, e.g., by using combinations of different types of stitches and/or different types of yarns. Accordingly, flat knitting may be utilized to shape an upper and also provide different properties to different areas of the upper.”, [0070], therefore, wherein forefoot portion of 130 comprises a yarn, figure 12, see also [0066]).
While Sokolowski discloses selectively placing multiple different yarns and/or stitch patterns at multiple different locations in the overall structure during the knitting process, [0036], Sokolowski fails to teach, wherein the forefoot portion comprises a fusible yarn comprising a thermoplastic polymer material.
Dua, a flat knitted footwear, Abstract, teaches, wherein the forefoot portion comprises a fusible yarn comprising a thermoplastic polymer material (“The upper includes a flat knitted component that is formed of unitary knit construction. The flat knitted component includes an area that is formed from a yarn.”, [0008], “In additional embodiments represented in FIG. 3, a plurality of yarns 500 are grouped together, overlie each other, and extend generally in the same longitudinal direction through respective courses 504. In some embodiments, for example, one of the yarns 500 can be formed from at least one of a thermoset polymer material and natural fibers (e.g., cotton, wool, silk). Also, the second yarn 500 may be formed from a thermoplastic polymer material, such as a fusible yarn 500 of the type disclosed in U.S. Pat. No. 6,910,288, issued Jun. 28, 2005 to Dua, entitled “Footwear Incorporating a Textile with Fusible Filaments and Fibers,” and which is hereby incorporated by reference in its entirety.”, [0049], therefore, wherein the forefoot portion comprises a fusible yarn comprising a thermoplastic polymer material, figures 1 and 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide forefoot portion of Sokolowski as comprises a fusible yarn comprising a thermoplastic polymer material as taught by Dua to in order to provide a fused area in the forefoot portion which has “increased stretch-resistance, stability, support, abrasion-resistance, durability, and stiffness, for example, when compared to areas of the textile that are unfused”, see Dua 6,910,288 Col. 2 ln. 46-49, in which Dua 6,910,288 has been incorporated in its entirety of Dua 2015/0320136 as disclosed in [0049].
Regarding claim 13, Sokolowski teaches, the strap comprises a material (“Flat knitted elements also can be formed directly in desired three dimensional shapes, which can help avoid the need to use additional support structures in the overall footwear construction (which also saves time, money, etc.; produces a lighter and/or more flexible product; may eliminate seams and at least some sewing, etc.; etc.). By selectively placing multiple different yarns and/or stitch patterns at multiple different locations in the overall structure during the knitting process”, [0036], “The flat knitting process may also be utilized to form areas with different properties, e.g., by using combinations of different types of stitches and/or different types of yarns. Accordingly, flat knitting may be utilized to shape an upper and also provide different properties to different areas of the upper.”, [0070], “This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], therefore, wherein 132 comprises a material, figure 12).
While Sokolowski discloses selectively placing multiple different yarns and/or stitch patterns at multiple different locations in the overall structure during the knitting process, [0036], Sokolowski fails to teach, wherein the strap comprises a thermoplastic polymer material.
Dua, a flat knitted footwear, Abstract, teaches, wherein the upper comprises a thermoplastic polymer material (“The upper includes a flat knitted component that is formed of unitary knit construction. The flat knitted component includes an area that is formed from a yarn.”, [0008], “at least a portion of upper 120 can be formed from knitted component 400. Also, as shown in the embodiments illustrated, the knitted component 400 can extend through each of forefoot region 101, midfoot region 102, and heel region 103, along both lateral side 104 and medial side 105, over forefoot region 101, and around heel region 103.”, [0036], “In additional embodiments represented in FIG. 3, a plurality of yarns 500 are grouped together, overlie each other, and extend generally in the same longitudinal direction through respective courses 504. In some embodiments, for example, one of the yarns 500 can be formed from at least one of a thermoset polymer material and natural fibers (e.g., cotton, wool, silk). Also, the second yarn 500 may be formed from a thermoplastic polymer material, such as a fusible yarn 500 of the type disclosed in U.S. Pat. No. 6,910,288, issued Jun. 28, 2005 to Dua, entitled “Footwear Incorporating a Textile with Fusible Filaments and Fibers,” and which is hereby incorporated by reference in its entirety.”, [0049], therefore, wherein the upper comprises a thermoplastic polymer material, figures 1 and 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the strap of Sokolowski as comprises a thermoplastic polymer material as taught by Dua to in order to provide a fused area in strap which has “increased stretch-resistance, stability, support, abrasion-resistance, durability, and stiffness, for example, when compared to areas of the textile that are unfused”, see Dua 6,910,288 Col. 2 ln. 46-49, in which Dua 6,910,288 has been incorporated in its entirety of Dua 2015/0320136 as disclosed in [0049].
Regarding claim 17, Sokolowski teaches, the upper comprises a material (“Flat knitted elements also can be formed directly in desired three dimensional shapes, which can help avoid the need to use additional support structures in the overall footwear construction (which also saves time, money, etc.; produces a lighter and/or more flexible product; may eliminate seams and at least some sewing, etc.; etc.). By selectively placing multiple different yarns and/or stitch patterns at multiple different locations in the overall structure during the knitting process”, [0036], “The flat knitting process may also be utilized to form areas with different properties, e.g., by using combinations of different types of stitches and/or different types of yarns. Accordingly, flat knitting may be utilized to shape an upper and also provide different properties to different areas of the upper.”, [0070], “This strap 132 may be provided as a unitary, one-piece construction with the upper member 130 by a flat knitting process, e.g., in the manner described above in conjunction with the strap 32 of FIGS. 11A and 11B.”, [0066], therefore, wherein 130 comprises a material, figure 12).
While Sokolowski discloses selectively placing multiple different yarns and/or stitch patterns at multiple different locations in the overall structure during the knitting process, [0036], Sokolowski fails to teach, wherein the upper comprises a thermoplastic polymer material.
Dua, a flat knitted footwear, Abstract, teaches, wherein the upper comprises a thermoplastic polymer material (“The upper includes a flat knitted component that is formed of unitary knit construction. The flat knitted component includes an area that is formed from a yarn.”, [0008], “at least a portion of upper 120 can be formed from knitted component 400. Also, as shown in the embodiments illustrated, the knitted component 400 can extend through each of forefoot region 101, midfoot region 102, and heel region 103, along both lateral side 104 and medial side 105, over forefoot region 101, and around heel region 103.”, [0036], “In additional embodiments represented in FIG. 3, a plurality of yarns 500 are grouped together, overlie each other, and extend generally in the same longitudinal direction through respective courses 504. In some embodiments, for example, one of the yarns 500 can be formed from at least one of a thermoset polymer material and natural fibers (e.g., cotton, wool, silk). Also, the second yarn 500 may be formed from a thermoplastic polymer material, such as a fusible yarn 500 of the type disclosed in U.S. Pat. No. 6,910,288, issued Jun. 28, 2005 to Dua, entitled “Footwear Incorporating a Textile with Fusible Filaments and Fibers,” and which is hereby incorporated by reference in its entirety.”, [0049], therefore, wherein the upper comprises a thermoplastic polymer material, figures 1 and 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the upper of Sokolowski as comprises a thermoplastic polymer material as taught by Dua to in order to provide a fused area in upper which has “increased stretch-resistance, stability, support, abrasion-resistance, durability, and stiffness, for example, when compared to areas of the textile that are unfused”, see Dua 6,910,288 Col. 2 ln. 46-49, in which Dua 6,910,288 has been incorporated in its entirety of Dua 2015/0320136 as disclosed in [0049].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 4,640,025 by DeRenzo discloses footwear with a strap extending from the lateral to the medial side of the footwear upper, the strap extending through slits in the upper.
2. 2011/0010965 by Shepherd discloses footwear with a strap extending from the lateral to the medial side of the footwear upper.
3. 2012/0255201 by Little discloses knitted footwear with a strap extending from the lateral to the medial side of the footwear upper.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732