Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 and 11-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hurd (2020/0375307).
Hurd shows A sole assembly for a footwear, the sole assembly comprising:
an outsole (34/34a) defining a top outsole surface and a bottom outsole surface opposite to the
top outsole surface, the bottom outsole surface adapted to contact ground;
a midsole (32/32a) to reduce a torque or a torsional movement between a front of the sole
assembly and a rear of the sole assembly, the midsole defining a top midsole surface and a
bottom midsole surface opposite to the top midsole surface, the bottom midsole surface in
contact with the top outsole surface, the top midsole surface including a midsole toc section
and a midsole heel section opposite to the midsole toe section, the midsole including:
a midsole toe cavity (54/54a) extending from the midsole toe section of the top midsole
surface into a midsole body of the midsole;
a midsole heel cavity (54/54a) extending from the midsole heel section of the top
midsole surface into the midsole body of the midsole; and
an insole (38 or 38 and 70a) and including a top insole surface and a bottom insole surface disposed opposite to the top insole surface, the bottom insole surface being in contact with the top midsole surface, wherein
a toe comfort zone (see figures 6 and 12) is defined within the midsole toe cavity, the toe comfort zone is delimited by a first midsole surface of the midsole and a first insole surface of the insole, and
a heel comfort zone (see figures 6 and 12) is defined within the midsole heel cavity, the heel comfort zone is delimited by a second midsole surface of the midsole and a second insole
surface of the insole as claimed.
In reference to claims 2 and 12, see paragraph [0005].
In reference to claims 3 and 13 see paragraph [0104].
In reference to claims 4, 5, 14, and 15 a comparison of the recited process with the prior art processes does NOT serve to resolve the issue concerning patentability of the product. In re Fessman, 489 F2d 742, 180 U.S.P.Q. 324 (CCPA 1974). Whether a product is patentable depends on whether it is known in the art or it is obvious, and is not governed by whether the process by which it is made is patentable. In re Klug, 333 F2d 905, 142 U.S.P.Q. 161 (CCPA 1964). In an ex parte case, product-by-process claims are not construed as being limited to the product formed by the specific process recited. In re Hirao et al., 535 F2d 67, 190 U.S.P.Q. 15, see footnote 3 (CCPA 1976). The layers of Hurd are considered to be integrally formed.
In reference to claims 6 and 16, Hurd shows liners (64a, figure 12).
In reference to claims 7, 8, and 17, see element 64a which can be considered a liner and/or a reinforcing spray on material and paragraph [0094].
In reference to claims 9 and 18, Hurd shows pods (36).
Allowable Subject Matter
Claim 20 is allowed.
Claims 10 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
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Any inquiry concerning the MERITS of this examination from the examiner should be directed to Marie Bays whose telephone number is (571) 272-4559. The examiner can normally be reached from Mon-Thurs 6-4. Alternatively if the Examiner cannot be reached, please contact the Examiners SPE Alissa Tompkins at 571-272-3425.
/MARIE D BAYS/Primary Examiner, Art Unit 3732
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