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 21, 2025 in which claims 1-23 are presented for examination.
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.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-21 and 23 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-21 of prior U.S. Patent No. 12,418,388, as shown in the table below. This is a statutory double patenting rejection.
Present Application
Patent No. 12,419,388
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,
the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. A shoe comprising: a sole extending from a front portion to a rear portion of the shoe;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe,
the heel cup comprising an upper portion attached to the upper,
the upper portion being concave relative to the front portion of the shoe in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the shoe, temporarily widening a foot-receiving shoe opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the shoe after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the shoe opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the shoe after donning.
2. The boot of claim 1, wherein the upper portion of the heel cup comprises an angular strip connected to medial and lateral sides of the boot, the angular strip having a rearward incline toward the rear portion of the boot and providing increased rigidity in the area of the heel of the user's foot after the boot is donned.
2. The shoe of claim 1, wherein the upper portion of the heel cup comprises an angular strip connected to medial and lateral sides of the shoe, the angular strip having a rearward incline toward the rear portion of the shoe and providing increased rigidity in the area of the heel of the user's foot after the shoe is donned.
3. The boot of claim 2, wherein the angular strip has flexibility to curve from the medial and lateral sides to a rear of the heel portion of the boot, to be depressed downward and rearward from the foot receiving boot opening when the boot is being donned, and to return to an initial elevated position after the boot is donned.
3. The shoe of claim 2, wherein the angular strip has flexibility to curve from the medial and lateral sides to a rear of the heel portion of the shoe, to be depressed downward and rearward from the foot receiving shoe opening when the shoe is being donned, and to return to its initial elevated position after the shoe is donned.
4. The boot of claim 1, wherein the upper has an interior layer and an exterior layer, and the heel cup is an attachment at an outer surface of the exterior layer of the upper.
4. The shoe of claim 1, wherein the upper has an interior layer and an exterior layer, and the heel cup is an attachment at an outer surface of the exterior layer of the upper.
5. The boot of claim 1, wherein fabric material covers the heel cup on an interior of the boot.
5. The shoe of claim 1, wherein fabric material covers the heel cup on an interior of the shoe.
6. The boot of claim 1, further comprising: a tongue having a front lower portion attached directly to the upper, and elastic fabric pieces attached to the upper and configured to maintain positioning of the tongue when the user dons the shoe.
6. The shoe of claim 1, further comprising: a tongue having a front lower portion attached directly to the upper, and elastic gore pieces attached to the upper and configured to maintain positioning of the tongue when the user dons the shoe.
7. The boot of claim 6 wherein lateral edges of the tongue are directly attached to an interior portion of the upper.
7. The shoe of claim 6 wherein lateral edges of the tongue are directly attached to an interior portion of the upper.
8. The boot of claim 1, further comprising gore pieces configured to reduce a rearward pull of forward portions of the boot during donning, facilitating a wider opening of the foot-receiving boot opening when the user's foot is inserted.
8. The shoe of claim 1, further comprising gore pieces configured to reduce a rearward pull of forward portions of the shoe during donning, facilitating a wider opening of the foot-receiving shoe opening when the user's foot is inserted.
9. The boot of claim 1, further comprising: a textile fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
9. The shoe of claim 1, further comprising: a textile fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
11. The boot of claim 9, wherein the foam layer tapers along at least a portion of its vertical axis so that its volume is greater at an upper foam layer portion than at a lower foam layer portion.
10. The shoe of claim 9, wherein the foam layer tapers along at least a portion of its vertical axis so that its volume is greater at an upper foam layer portion than at a lower foam layer portion.
12. The boot of claim 9, wherein the foam layer tapers along its longitudinal axis so that its volume is greater at a mid-portion than at end portions.
11. The shoe of claim 9, wherein the foam layer tapers along its longitudinal axis so that its volume is greater at a mid-portion than at end portions.
13. The boot of claim 9, wherein the textile comprises elastic textile having wicking properties.
12. The shoe of claim 9, wherein the textile comprises elastic textile having wicking properties.
14. The boot of claim 9, wherein glue is used to adhere the foam layer to the heel cup.
13. The shoe of claim 9, wherein glue is used to adhere the foam layer to the heel cup.
15. The boot of claim 9, wherein the foam layer is devoid of stitches or seams on its upper foam layer portion.
14. The shoe of claim 9, wherein the foam layer is devoid of stitches or seams on its upper foam layer portion.
16. The boot of claim 14, wherein the upper foam layer portion of the foam layer is rearwardly inclined to facilitate guiding the user's foot into the shoe when donning the shoe, to return to its initial elevated position when the user's foot has fully entered the shoe.
15. The shoe of claim 14, wherein the upper foam layer portion of the foam layer is rearwardly inclined to facilitate guiding the user's foot into the shoe when donning the shoe, to return to its initial elevated position when the user's foot has fully entered the shoe.
17. The boot of claim 9, wherein the foam layer is bonded to the inner surface of the heel cup to provide cushioning.
16. The shoe of claim 9, wherein the foam layer is bonded to the inner surface of the heel cup to provide cushioning.
18. The boot of claim 1, wherein the shoe is laced and comprises an eyestay layer providing structural support to the shoe.
17. The shoe of claim 1, wherein the shoe is laced and comprises an eyestay layer providing structural support to the shoe.
19. The boot of claim 1, wherein the uniformly molded flexible polymer material comprises a thermoplastic.
18. The shoe of claim 1, wherein the uniformly molded flexible polymer material comprises a thermoplastic.
20. The boot of claim 1, wherein the uniformly molded flexible polymer material comprises an elastomer.
19. The shoe of claim 1, wherein the uniformly molded flexible polymer material comprises an elastomer.
21. The boot of claim 1, wherein the foam layer is comprised of at least one of EVA and polyurethane foam.
20. The shoe of claim 1, wherein the foam layer is comprised of at least one of EVA and polyurethane foam.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
21. A shoe comprising: a sole extending from a front portion to a rear portion of the shoe;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the shoe,
the compressible component flexing downward upon application of downward force by the user's foot when donning the shoe, temporarily widening a foot-receiving shoe opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the shoe after donning,
the compressible component attached to the sole at the medial and lateral sides of the sole;
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the shoe opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the shoe after donning the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
Claim 1 and dependent claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 20 and 21 and dependent claims of copending Application No. 19/264,791. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1 and dependent claims are anticipated by the conflicting copending 1, 20 and 21 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting copending claim is that the conflicting copending claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting copending claim 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).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Present Application
Application No. 19/264,791
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,
the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
22. The boot of claim 1, wherein the aperture comprises a plurality of apertures separated by diagonal beams having at least two different widths.
1. A shoe, comprising: a sole; an upper, including
at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, coupled to the sole and upper,
wherein the heel cup is comprised of an upper portion, a midportion, and a lower portion,
a vertical cross-sectional shape of a rearmost portion of the heel cup comprises an S-wave, and
the heel cup is comprised of a plurality of diagonal beams separated by apertures, wherein the plurality of diagonal beams includes beams having at least two different widths;
an interior foam layer adjacent to at least a forward-facing surface of the upper portion of the heel cup,
wherein the interior foam layer is compressible,
wherein the interior foam layer extends into the shoe opening, facilitating securement of the foot once inserted.
11. The shoe of claim 1, wherein the upper portion of the heel cup is configured to be lowered and extended backward away from the foot when donning the shoe.
5. The boot of claim 1, wherein fabric material covers the heel cup on an interior of the boot.
8. The shoe of claim 1, further comprising: at least one fabric material covering the heel cup.
13. The boot of claim 9, wherein the textile comprises elastic textile having wicking properties.
15. The shoe of claim 1, wherein the interior foam layer is covered by an elastic textile.
16. The shoe of claim 15, wherein the elastic textile has wicking properties.
17. The boot of claim 9, wherein the foam layer is bonded to the inner surface of the heel cup to provide cushioning.
12. The shoe of claim 1, wherein the interior foam layer is bonded to the forward-facing surface of the upper portion of the heel cup.
19. The boot of claim 1, wherein the uniformly molded flexible polymer material comprises a thermoplastic.
5. The shoe of claim 1, wherein the polymer material comprises a thermoplastic.
21. The boot of claim 1, wherein the foam layer is comprised of at least one of EVA and polyurethane foam.
14. The shoe of claim 1, wherein the interior foam layer is comprised of at least one of EVA and polyurethane foam.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,
the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
22. The boot of claim 1, wherein the aperture comprises a plurality of apertures separated by diagonal beams having at least two different widths.
20. A shoe, comprising: a sole;
an upper, including at least a portion comprising elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, coupled to the sole and upper, wherein the heel cup is comprised of an upper portion, a midportion, and a lower portion,
a vertical cross-sectional shape of a rearmost portion of the heel cup comprises an S-wave, and
the heel cup is comprised of a plurality of diagonal and lateral beams separated by apertures, wherein the plurality of diagonal and lateral beams includes beams having at least two different widths;an interior foam layer adjacent to at least a forward-facing surface of the upper portion of the heel cup,
wherein the interior foam layer is compressible,
wherein the interior foam layer extends into the shoe opening, facilitating securement of the foot once inserted.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,
the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
22. The boot of claim 1, wherein the aperture comprises a plurality of apertures separated by diagonal beams having at least two different widths.
21. A shoe, comprising: a sole;
an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, coupled to the sole and upper,
wherein the heel cup is comprised of an upper portion, a midportion, and a lower portion, a vertical cross-sectional shape of a rearmost portion of the heel cup comprises an S-wave,
the heel cup is comprised of a plurality of diagonal beams separated by apertures, wherein the plurality of diagonal beams includes beams having at least two different widths,
the heel cup has a rearward facing upper concavity with a first amplitude, the heel cup has a forward-facing lower concavity with a second amplitude, the second amplitude being greater than the first amplitude;
an interior foam layer adjacent to at least a forward-facing surface of the upper portion of the heel cup,
wherein the interior foam layer is compressible,
wherein the interior foam layer extends into the shoe opening, facilitating securement of the foot once inserted.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14 and 17 and dependent claims as shown in the table below of U.S. Patent No. 12,011,064 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented claims 1, 14 and 17 as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14 and 17 and dependent claims as shown in the table below of U.S. Patent No. 12,011,064 in view of Litchfield (2001/0032399).
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Litchfield discloses the claim limitations of the conflicting patented claims 1, 14 and 17, as shown in the table below.
Litchfield discloses, an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned (“When pattern pieces 20 and 22 are fully constructed, first material 44 forms the outermost layer of the pattern pieces, while second material 46 forms the innermost layer. First material 44 is preferably a lightweight breathable material, such as COOL MESH.TM. (a stretchable nylon mesh having aeration holes 45) available from Dae Woo Textiles Industries.”, [0068], “Second material 46 is preferably a soft, brushed nylon or polyester, or any other material which is comfortable against the user's foot, yet durable enough to withstand any friction created by movement of the wearer's foot.”, [0069], “With reference again to FIG. 3, heel piece 24 is constructed similar to forefoot piece 20 by cutting identical heel pattern pieces from first material 44 and second material 46. A third layer of foam 48 which has been cut to correspond to the heel and collar regions of the pattern is attached to the wrong side of either first material 44 or second material 46 to provide added cushioning to those areas of the upper. The heel pattern pieces are then stitched together in a wrong side out configuration along a seam 51 to form a unitary heel piece 24. The heel piece is turned right-side out by pushing counter portion 34 through an opening provided at the lower edge of the counter portion. At this time, a u-shaped heel counter 50 (shown in phantom in FIG. 2) is placed in between the first and second pattern pieces through the previously mentioned opening. Heel counter 50 provides added stability to the heel portion of shoe 10 by preventing the user's foot from pronating during heel strike.”, [0072], therefore, wherein
44 of 44/46 having wicking properties that is fitted to a surface of 48 that contacts the user's foot when the shoe is being donned, figures 3, 4 and 4a).
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 an elastic textile material having wicking properties fitted to a surface of the foam layer as taught by Litchfield, in order to provide a “lightweight breathable material”, [0068] for additional comfort for the user.
Present Application
Patent No. 12,011,064
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. An article of footwear comprising: an upper and sole structure; the upper defining a foot receiving shoe opening;
a heel cup attached to the upper and extending from the sole structure to at least a portion of a rear ankle collar of the upper;
the heel cup uniformly molded with an upper portion, midportion, and lower portion where in the upper portion has a smaller mediolateral length than the midportion, and
the midportion and lower portion form a concave structure configured to receive the heel;
the heel cup having a rearward facing upper concavity with a first amplitude; the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the upper portion having a first configuration; the upper portion capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; wherein in the second configuration at least part of the upper portion is lowered relative to the first configuration; the upper portion capable of returning to the first configuration after the load of user's foot is removed;
the heel cup having an upper central portion, a mid-central portion, and lower central portion; the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; and the first thickness is less than the second thickness and the third thickness.
7. The article of footwear of claim 1 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
8. The article of footwear of claim 1, wherein a foam component is located on at least an inner surface of the upper portion and midportion of the heel cup; the foam component is compressed by the user's heel during foot insertion; and the foam component exerts pressure on the user's ankle once the foot is inserted.
13. The article of footwear of claim 1, wherein a foam component is located on at least an inner surface of the upper portion and midportion of the heel cup; the foam component is compressed by the user's heel during foot insertion; and the foam component exerts pressure on the user's ankle once the foot is inserted.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
14. An article of footwear comprising: an upper and sole structure;
the upper defining a foot receiving shoe opening;
a heel cup attached to the upper and extending from the sole structure to at least a portion of the rear heel collar of upper;
the heel cup uniformly molded with an upper portion, midportion, and lower portion where in the upper portion has a smaller mediolateral length than the midportion;
a heel region of the upper having a rearward facing upper concavity and a forward facing lower concavity; the upper concavity having a first depth; the lower concavity having a second depth; the second depth being greater than the first depth; the lower concavity being configured to cup a calcaneus bone region of a heel;
the upper portion having a first configuration; the upper portion capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; the upper portion capable of returning to the first configuration after the load of the user's foot is removed; and
wherein the upper portion in the first configuration has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of the floor; the upper portion in the second configuration has an incline with a second angle; and the second angle is greater than the first angle; and a lower region of the central portion extends outwardly in the second configuration in a direction away from the shoe opening that causes the shoe opening to widen along the mediolateral direction.
15. further comprising a foam layer located adjacent to the forward-facing surface of the heel cup, wherein the foam layer has a first thickness adjacent to the upper concavity and a second thickness adjacent to the lower concavity, the first thickness is greater than the second thickness, and the first thickness tapering to the second thickness toward the direction of the lower concavity.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
17. An article of footwear comprising: an upper and sole structure;
the upper defining a foot receiving shoe opening;
a heel cup attached to the upper and extending from the sole structure to at least a portion of a rear ankle collar of the upper;
the heel cup uniformly molded with an upper portion, midportion, and lower portion where in the upper portion has a smaller mediolateral length than the midportion;
the heel cup having a rearward facing upper concavity with a first amplitude; the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the midportion and lower portion forming the lower concavity and being a concave structure configured to receive the heel; the upper portion having a first configuration;
the upper portion capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; wherein in the second configuration at least part of the upper portion is lowered relative to the first configuration; the upper portion capable of returning to the first configuration after the load of the user's foot is removed;
the heel cup having an upper central portion, a mid-central portion, and lower central portion;
the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; the first thickness is less than the second thickness and the third thickness; and
the upper portion, midportion, and lower portion has an overall vertical cross-sectional “S” wave shape, wherein the central portion is at least partially located at an inflection point of the “S” wave shape.
18. The article of footwear of claim 17 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. An article of footwear comprising: an upper and sole structure; the upper defining a foot receiving shoe opening;
a heel cup attached to the upper and extending from the sole structure to at least a portion of a rear ankle collar of the upper;
the heel cup uniformly molded with an upper portion, midportion, and lower portion where in the upper portion has a smaller mediolateral length than the midportion, and
the midportion and lower portion form a concave structure configured to receive the heel;
the heel cup having a rearward facing upper concavity with a first amplitude; the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the upper portion having a first configuration; the upper portion capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; wherein in the second configuration at least part of the upper portion is lowered relative to the first configuration; the upper portion capable of returning to the first configuration after the load of user's foot is removed;
the heel cup having an upper central portion, a mid-central portion, and lower central portion; the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; and the first thickness is less than the second thickness and the third thickness.
7. The article of footwear of claim 1 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
8. The article of footwear of claim 1, wherein a foam component is located on at least an inner surface of the upper portion and midportion of the heel cup; the foam component is compressed by the user's heel during foot insertion; and the foam component exerts pressure on the user's ankle once the foot is inserted.
13. The article of footwear of claim 1, wherein a foam component is located on at least an inner surface of the upper portion and midportion of the heel cup; the foam component is compressed by the user's heel during foot insertion; and the foam component exerts pressure on the user's ankle once the foot is inserted.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
14. An article of footwear comprising: an upper and sole structure;
the upper defining a foot receiving shoe opening;
a heel cup attached to the upper and extending from the sole structure to at least a portion of the rear heel collar of upper;
the heel cup uniformly molded with an upper portion, midportion, and lower portion where in the upper portion has a smaller mediolateral length than the midportion;
a heel region of the upper having a rearward facing upper concavity and a forward facing lower concavity; the upper concavity having a first depth; the lower concavity having a second depth; the second depth being greater than the first depth; the lower concavity being configured to cup a calcaneus bone region of a heel;
the upper portion having a first configuration; the upper portion capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; the upper portion capable of returning to the first configuration after the load of the user's foot is removed; and
wherein the upper portion in the first configuration has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of the floor; the upper portion in the second configuration has an incline with a second angle; and the second angle is greater than the first angle; and a lower region of the central portion extends outwardly in the second configuration in a direction away from the shoe opening that causes the shoe opening to widen along the mediolateral direction.
15. further comprising a foam layer located adjacent to the forward-facing surface of the heel cup, wherein the foam layer has a first thickness adjacent to the upper concavity and a second thickness adjacent to the lower concavity, the first thickness is greater than the second thickness, and the first thickness tapering to the second thickness toward the direction of the lower concavity.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
17. An article of footwear comprising: an upper and sole structure;
the upper defining a foot receiving shoe opening;
a heel cup attached to the upper and extending from the sole structure to at least a portion of a rear ankle collar of the upper;
the heel cup uniformly molded with an upper portion, midportion, and lower portion where in the upper portion has a smaller mediolateral length than the midportion;
the heel cup having a rearward facing upper concavity with a first amplitude; the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the midportion and lower portion forming the lower concavity and being a concave structure configured to receive the heel; the upper portion having a first configuration;
the upper portion capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; wherein in the second configuration at least part of the upper portion is lowered relative to the first configuration; the upper portion capable of returning to the first configuration after the load of the user's foot is removed;
the heel cup having an upper central portion, a mid-central portion, and lower central portion;
the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; the first thickness is less than the second thickness and the third thickness; and
the upper portion, midportion, and lower portion has an overall vertical cross-sectional “S” wave shape, wherein the central portion is at least partially located at an inflection point of the “S” wave shape.
18. The article of footwear of claim 17 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 18 and dependent claims as shown in the table below of U.S. Patent No. 12,419,386 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented claims 1, 10 and 18 as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 10 and dependent claims of copending Application No. 18/199,250 in view of Litchfield (2001/0032399).
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 10 and dependent claims as shown in the table below of U.S. Patent No. 12,419,386
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Litchfield discloses the claim limitations of the conflicting patented claims 1 and 10, as shown in the table below.
Litchfield discloses, an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned (“When pattern pieces 20 and 22 are fully constructed, first material 44 forms the outermost layer of the pattern pieces, while second material 46 forms the innermost layer. First material 44 is preferably a lightweight breathable material, such as COOL MESH.TM. (a stretchable nylon mesh having aeration holes 45) available from Dae Woo Textiles Industries.”, [0068], “Second material 46 is preferably a soft, brushed nylon or polyester, or any other material which is comfortable against the user's foot, yet durable enough to withstand any friction created by movement of the wearer's foot.”, [0069], “With reference again to FIG. 3, heel piece 24 is constructed similar to forefoot piece 20 by cutting identical heel pattern pieces from first material 44 and second material 46. A third layer of foam 48 which has been cut to correspond to the heel and collar regions of the pattern is attached to the wrong side of either first material 44 or second material 46 to provide added cushioning to those areas of the upper. The heel pattern pieces are then stitched together in a wrong side out configuration along a seam 51 to form a unitary heel piece 24. The heel piece is turned right-side out by pushing counter portion 34 through an opening provided at the lower edge of the counter portion. At this time, a u-shaped heel counter 50 (shown in phantom in FIG. 2) is placed in between the first and second pattern pieces through the previously mentioned opening. Heel counter 50 provides added stability to the heel portion of shoe 10 by preventing the user's foot from pronating during heel strike.”, [0072], therefore, wherein
44 of 44/46 having wicking properties that is fitted to a surface of 48 that contacts the user's foot when the shoe is being donned, figures 3, 4 and 4a).
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 an elastic textile material having wicking properties fitted to a surface of the foam layer as taught by Litchfield, in order to provide a “lightweight breathable material”, [0068] for additional comfort for the user.
Present Application
Patent #: 12,419,386
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. (Currently amended) An upper of an article of footwear comprising: a foot receiving shoe opening;
a U-shaped foamed ankle collar that is substantially tubular in shape;
the ankle collar forming the topmost region of the foot receiving shoe opening;
the foamed ankle collar extending at least partially around and over the foot receiving shoe opening; the ankle collar capable of being compressed by the user’s heel during foot insertion and wherein the ankle collar may exert pressure on the user’s ankle once the foot is inserted;
the ankle collar having a flattened region along its length forming a downward angle from the topmost region toward a front of the article of footwear;
the ankle collar located along at least a portion of an inner surface of a heel cup; the heel cup configured to have a shoe-horn like configuration;
the heel cup having an S wave shape in a vertical cross-section; the heel cup having a rearward facing upper concavity with a first amplitude;
the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude; the ankle collar reducing the dimensions of the shoe opening when not compressed; the heel cup having a first configuration; the heel cup capable of distorting into a second configuration under a load of a user’s foot; and the heel cup capable of automatically returning to the first configuration after the load has been removed from the heel cup.
4. wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
10. An upper of an article of footwear comprising: a foot receiving shoe opening; a U-shaped foamed ankle collar that is substantially tubular in shape;
the ankle collar forming the topmost region of the foot receiving shoe opening;
the foamed ankle collar extending at least partially around and over the foot receiving shoe opening; and
the ankle collar capable of being compressed by the user’s heel during foot insertion and wherein the ankle collar may exert pressure on the user’s ankle once the foot is inserted;
the ankle collar having a flattened region along its length forming a downward angle from the topmost region toward the front of the article of footwear;
a heel cup having an upper portion that extends rearward with an inclined surface capable of receiving a foot; the heel cup having an S wave shape in a vertical cross-section;
the heel cup having a rearward facing upper concavity and a forward facing lower concavity; the upper concavity having a first depth; the lower concavity having a second depth; the second depth being greater than the first depth; the lower concavity configured to cup a calcaneus bone region of a heel;
the heel cup having a first configuration; the heel cup capable of distorting into a second configuration under a load of a user’s foot of the heel cup; and the heel cup capable of automatically returning to the first configuration after the load is removed from the heel cup; and the ankle collar is located along at least a portion of the heel cup.
14. wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
18. An upper of an article of footwear comprising: a foot receiving shoe opening;
a U-shaped foamed ankle collar that is substantially tubular in shape;
the ankle collar forming the topmost region of the foot receiving shoe opening;
the foamed ankle collar extending at least partially around and over the foot receiving shoe opening; and
the ankle collar capable of being compressed by the user’s heel during foot insertion and wherein the ankle collar may exert pressure on the user’s ankle once the foot is inserted;
the ankle collar having a flattened region along its length forming a downward angle from the topmost region toward the front of the article of footwear;
a heel cup having an S wave shape in a vertical cross-section;
the heel cup having a rearward facing upper concavity and a forward facing lower concavity; the upper concavity having a first depth; the lower concavity having a second depth; the second depth being greater than the first depth; the lower concavity configured to cup a calcaneus bone region of a heel;
the heel cup having a front surface and a rear surface; the front surface being a smooth curvature along the upper concavity to the lower concavity;
the heel cup having a first configuration; the heel cup capable of distorting into a second configuration under a load of a user’s foot of the heel cup; and the heel cup capable of automatically returning to the first configuration after the load has been removed from the heel cup; a lower central portion extending outwardly in the second configuration in a direction away from the shoe opening that causes the shoe opening to widen along the mediolateral direction; and
the ankle collar disposed along at least a portion of the heel cup.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. An upper of an article of footwear comprising: a foot receiving shoe opening;
a U-shaped foamed ankle collar that is substantially tubular in shape;
the ankle collar forming the topmost region of the foot receiving shoe opening;
the foamed ankle collar extending at least partially around and over the foot receiving shoe opening; the ankle collar capable of being compressed by the user’s heel during foot insertion and wherein the ankle collar may exert pressure on the user’s ankle once the foot is inserted;
the ankle collar having a flattened region along its length forming a downward angle from the topmost region toward a front of the article of footwear;
the ankle collar located along at least a portion of an inner surface of a heel cup; the heel cup configured to have a shoe-horn like configuration;
the heel cup having an S wave shape in a vertical cross-section; the heel cup having a rearward facing upper concavity with a first amplitude;
the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude; the ankle collar reducing the dimensions of the shoe opening when not compressed; the heel cup having a first configuration; the heel cup capable of distorting into a second configuration under a load of a user’s foot; and the heel cup capable of automatically returning to the first configuration after the load has been removed from the heel cup.
4. wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
10. An upper of an article of footwear comprising: a foot receiving shoe opening; a U-shaped foamed ankle collar that is substantially tubular in shape;
the ankle collar forming the topmost region of the foot receiving shoe opening;
the foamed ankle collar extending at least partially around and over the foot receiving shoe opening; and
the ankle collar capable of being compressed by the user’s heel during foot insertion and wherein the ankle collar may exert pressure on the user’s ankle once the foot is inserted;
the ankle collar having a flattened region along its length forming a downward angle from the topmost region toward the front of the article of footwear;
a heel cup having an upper portion that extends rearward with an inclined surface capable of receiving a foot; the heel cup having an S wave shape in a vertical cross-section;
the heel cup having a rearward facing upper concavity and a forward facing lower concavity; the upper concavity having a first depth; the lower concavity having a second depth; the second depth being greater than the first depth; the lower concavity configured to cup a calcaneus bone region of a heel;
the heel cup having a first configuration; the heel cup capable of distorting into a second configuration under a load of a user’s foot of the heel cup; and the heel cup capable of automatically returning to the first configuration after the load is removed from the heel cup; and the ankle collar is located along at least a portion of the heel cup.
14. wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and dependent claims as shown in the table below of U.S. Patent No. 12,419, 387 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented claim 1 and dependent claims as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and dependent claims as shown in the table below of U.S. Patent No. 12,419, 387 in view of Litchfield (2001/0032399).
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Litchfield discloses the claim limitations of the conflicting patented claims 1 and dependent claims, as shown in the table below.
Litchfield discloses, an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned (“When pattern pieces 20 and 22 are fully constructed, first material 44 forms the outermost layer of the pattern pieces, while second material 46 forms the innermost layer. First material 44 is preferably a lightweight breathable material, such as COOL MESH.TM. (a stretchable nylon mesh having aeration holes 45) available from Dae Woo Textiles Industries.”, [0068], “Second material 46 is preferably a soft, brushed nylon or polyester, or any other material which is comfortable against the user's foot, yet durable enough to withstand any friction created by movement of the wearer's foot.”, [0069], “With reference again to FIG. 3, heel piece 24 is constructed similar to forefoot piece 20 by cutting identical heel pattern pieces from first material 44 and second material 46. A third layer of foam 48 which has been cut to correspond to the heel and collar regions of the pattern is attached to the wrong side of either first material 44 or second material 46 to provide added cushioning to those areas of the upper. The heel pattern pieces are then stitched together in a wrong side out configuration along a seam 51 to form a unitary heel piece 24. The heel piece is turned right-side out by pushing counter portion 34 through an opening provided at the lower edge of the counter portion. At this time, a u-shaped heel counter 50 (shown in phantom in FIG. 2) is placed in between the first and second pattern pieces through the previously mentioned opening. Heel counter 50 provides added stability to the heel portion of shoe 10 by preventing the user's foot from pronating during heel strike.”, [0072], therefore, wherein
44 of 44/46 having wicking properties that is fitted to a surface of 48 that contacts the user's foot when the shoe is being donned, figures 3, 4 and 4a).
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 an elastic textile material having wicking properties fitted to a surface of the foam layer as taught by Litchfield, in order to provide a “lightweight breathable material”, [0068] for additional comfort for the user.
Present Application
Patent No. 12,419, 387
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. (Currently Amended) A shoe comprising a sole and an upper; the upper comprising a heel counter, and the upper forming a foot receiving shoe opening;
the heel counter comprising a heel cup;
wherein the heel cup is uniformly molded with an upper portion, midportion, and lower portion;
wherein, in a vertical cross-section, the heel cup has a S wave shape with a concave lower portion facing the shoe opening;
wherein a thickness of the heel cup decreases gradually from a peripheral portion forming an area at a periphery of the heel cup toward a central region of the midportion of the heel cup;
wherein the heel cup is attached to an interior compressible layer;
wherein the compressible layer extends into the shoe opening; wherein the compressible layer is configured to be compressed by a user's foot during insertion or removal of the user's foot, and configured to at least partially expand to hold an ankle of the user's foot once the foot is inserted;
wherein the compressible layer extends from a medial side and a lateral side of the upper portion of the heel cup along at least a portion of the inner surface of the upper to form a medial side portion and a lateral side portion of the compressible laver; and wherein the compressible layer tapers at the medial side portion and the lateral side portion; and wherein a rear portion of the compressible layer curves inward and tapers vertically downward along the concave lower portion.
18. (Previously presented) The shoe of claim 1, wherein the upper portion of the heel cup has a first configuration and is configured to be distorted into a second configuration under a load of a user's foot, when the user is donning the shoe, wherein in the second configuration, at least part of the upper portion is lowered relative to the first configuration and the upper portion is configured to return to the first configuration after the load of the user's foot is removed; wherein the distortion of the heel cup into the second configuration comprises the heel counter widening with medial and lateral sides of the heel cup moving outward thereby widening an opening of the shoe.
20. (Previously presented) The shoe of claim 1, wherein the upper comprises at least one elastic region located on a side of the upper between the heel cup and a front portion of the shoe opening; and wherein the at least one elastic region is configured to stretch to allow a rear portion of the heel counter to be temporarily moved back to widen the shoe opening for easier insertion of a user's foot into the shoe; wherein the elastic region is arranged between the heel cup and a tongue of the upper.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. (Currently Amended) A shoe comprising a sole and an upper; the upper comprising a heel counter, and the upper forming a foot receiving shoe opening;
the heel counter comprising a heel cup;
wherein the heel cup is uniformly molded with an upper portion, midportion, and lower portion;
wherein, in a vertical cross-section, the heel cup has a S wave shape with a concave lower portion facing the shoe opening;
wherein a thickness of the heel cup decreases gradually from a peripheral portion forming an area at a periphery of the heel cup toward a central region of the midportion of the heel cup;
wherein the heel cup is attached to an interior compressible layer;
wherein the compressible layer extends into the shoe opening; wherein the compressible layer is configured to be compressed by a user's foot during insertion or removal of the user's foot, and configured to at least partially expand to hold an ankle of the user's foot once the foot is inserted;
wherein the compressible layer extends from a medial side and a lateral side of the upper portion of the heel cup along at least a portion of the inner surface of the upper to form a medial side portion and a lateral side portion of the compressible laver; and wherein the compressible layer tapers at the medial side portion and the lateral side portion; and wherein a rear portion of the compressible layer curves inward and tapers vertically downward along the concave lower portion.
18. (Previously presented) The shoe of claim 1, wherein the upper portion of the heel cup has a first configuration and is configured to be distorted into a second configuration under a load of a user's foot, when the user is donning the shoe, wherein in the second configuration, at least part of the upper portion is lowered relative to the first configuration and the upper portion is configured to return to the first configuration after the load of the user's foot is removed; wherein the distortion of the heel cup into the second configuration comprises the heel counter widening with medial and lateral sides of the heel cup moving outward thereby widening an opening of the shoe.
20. (Previously presented) The shoe of claim 1, wherein the upper comprises at least one elastic region located on a side of the upper between the heel cup and a front portion of the shoe opening; and wherein the at least one elastic region is configured to stretch to allow a rear portion of the heel counter to be temporarily moved back to widen the shoe opening for easier insertion of a user's foot into the shoe; wherein the elastic region is arranged between the heel cup and a tongue of the upper.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 30 and dependent claims of copending Application No. 18/733,795 in view of Pratt et al. (2018/0206588)[Pratt].
This is a provisional nonstatutory double patenting rejection.
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting claim 1 and 30 and dependent claims as shown in the table below.
Pratt discloses, an upper comprising elastic material, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, the upper comprises 170, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 with an elastic material and the heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Present Application
Application No. 18/733,795
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. A shoe comprising: an upper and sole structure, the upper defining a foot receiving shoe opening;
a heel counter comprising a heel cup attached to the upper and extending from the sole structure to at least a portion of the rear heel collar of upper,
the heel cup with a rearmost portion having an overall vertical S wave cross-sectional shape,
wherein the heel cup is uniformly molded with an upper portion, midportion, and lower portion, the upper portion having a smaller mediolateral length than the midportion;
a heel region of the upper having a rearward facing upper concavity and a forward facing lower concavity, the upper concavity having a first depth, the lower concavity having a second depth, the second depth being greater than the first depth;
an interior compressible foam layer attached to the heel cup, wherein the foam layer protrudes into a shoe opening, the foam layer configured to compress under a load during the donning or removal of the shoe, and wherein the interior compressible foam layer is configured, after the foot is inserted into the shoe, to expand fully or partially to its uncompressed state.
7. (Original) The shoe of The shoe of the upper portion having a first configuration; the upper portion capable of distorting into a second configuration under a load of a user's foot; the upper portion capable of returning to the first configuration after the load of the user's foot is removed; and wherein the upper portion in the first configuration has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of the floor; the upper portion in the second configuration has an incline with a second angle; and the second angle is greater than the first angle; and a lower region of the central portion extends outwardly in the second configuration in a direction that causes the shoe opening to widen along the mediolateral direction.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
30. (New) A shoe comprising: an upper and sole structure, the upper defining a foot receiving shoe opening;
a heel counter comprising a heel cup attached to the upper and extending from the sole structure to at least a portion of the rear heel collar of upper, t
he heel cup with a rearmost portion having an overall vertical S wave cross-sectional shape,
wherein the heel cup is uniformly molded with an upper portion, midportion, and lower portion, the upper portion having a smaller mediolateral length than the midportion;
a heel region of the upper having a rearward facing upper concavity and a forward facing lower concavity,
the upper concavity having a first depth, the lower concavity having a second depth, the second depth being greater than the first depth;
wherein an upper amplitude of the upper concavity is approximately 3 millimeters, and a lower amplitude of the lower concavity is approximately 9 millimeters. an interior compressible foam layer attached to the heel cup,
wherein the foam layer protrudes into a shoe opening, the foam layer configured to compress under a load during the donning or removal of the shoe, and wherein the interior compressible foam layer is configured, after the foot is inserted into the shoe, to expand fully or partially to its uncompressed state.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 14 and 19 and dependent claims as shown in the table below of U.S. Patent No. 12,532,944 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting claims 1, 14 and 19 and dependent claims as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 19 and dependent claims as shown in the table below of U.S. Patent No. 12,532,944 in view of Litchfield (2001/0032399).
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Litchfield discloses the claim limitations of the conflicting patented claims 1 and 19, as shown in the table below.
Litchfield discloses, an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned (“When pattern pieces 20 and 22 are fully constructed, first material 44 forms the outermost layer of the pattern pieces, while second material 46 forms the innermost layer. First material 44 is preferably a lightweight breathable material, such as COOL MESH.TM. (a stretchable nylon mesh having aeration holes 45) available from Dae Woo Textiles Industries.”, [0068], “Second material 46 is preferably a soft, brushed nylon or polyester, or any other material which is comfortable against the user's foot, yet durable enough to withstand any friction created by movement of the wearer's foot.”, [0069], “With reference again to FIG. 3, heel piece 24 is constructed similar to forefoot piece 20 by cutting identical heel pattern pieces from first material 44 and second material 46. A third layer of foam 48 which has been cut to correspond to the heel and collar regions of the pattern is attached to the wrong side of either first material 44 or second material 46 to provide added cushioning to those areas of the upper. The heel pattern pieces are then stitched together in a wrong side out configuration along a seam 51 to form a unitary heel piece 24. The heel piece is turned right-side out by pushing counter portion 34 through an opening provided at the lower edge of the counter portion. At this time, a u-shaped heel counter 50 (shown in phantom in FIG. 2) is placed in between the first and second pattern pieces through the previously mentioned opening. Heel counter 50 provides added stability to the heel portion of shoe 10 by preventing the user's foot from pronating during heel strike.”, [0072], therefore, wherein
44 of 44/46 having wicking properties that is fitted to a surface of 48 that contacts the user's foot when the shoe is being donned, figures 3, 4 and 4a).
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 an elastic textile material having wicking properties fitted to a surface of the foam layer as taught by Litchfield, in order to provide a “lightweight breathable material”, [0068] for additional comfort for the user.
Present Application
Patent # 12,532,944
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. An article of footwear comprising: a foot receiving shoe opening;
a uniformly molded heel cup;
the heel cup uniformly molded with an upper portion, midportion, and lower portion the heel cup having a rearward facing upper concavity with a first amplitude;
the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the heel cup having an upper central portion, a mid-central portion, and lower central portion; the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; and the first thickness is less than the second thickness and the third thickness.
2. The article of footwear of claim 1 wherein the upper portion has a first configuration; the upper portion is capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; in the second configuration at least part of the upper portion is lowered relative to the first configuration; and the upper portion capable of returning to the first configuration after the load of user's foot is removed.
8. The article of footwear of claim 1 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
9. The article of footwear of claim 1, wherein a foam component is located on at least an inner surface of the upper portion and midportion of the heel cup; the foam component is compressed by the user's heel during foot insertion; and the foam component exerts pressure on the user's ankle once the foot is inserted.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
14. An article of footwear comprising: a foot receiving shoe opening;
a uniformly molded heel cup; the heel cup uniformly molded with an upper portion, midportion, and lower portion;
a heel region of the upper having a rearward facing upper concavity and a forward facing lower concavity;
the upper concavity having a first depth; the lower concavity having a second depth; the second depth being greater than the first depth;
a compressible layer located along an inner wall of the heel cup; wherein the compressible layer is configured to curve around at least a portion of a user's ankle above the user's heel when the shoe is worn by the user; and wherein the compressible layer is configured to be compressed by the user's foot during insertion of the foot into the shoe, and to at least partially expand to secure the foot within the shoe after insertion of the foot into the shoe.
15. The article of footwear of claim 14 wherein the upper portion further comprises a first configuration; the upper portion capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; the upper portion capable of returning to the first configuration after the load of the user's foot is removed; the upper portion in the first configuration having a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of the floor; and the upper portion in the second configuration having. an incline with a second angle; and the second angle is greater than the first angle.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
19. An article of footwear comprising: a foot receiving shoe opening;
a uniformly molded heel cup;
the heel cup uniformly molded with an upper portion, midportion, and lower portion; the heel cup having a rearward facing upper concavity with a first amplitude;
the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the heel cup having an upper central portion, a mid-central portion, and lower central portion; the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; the first thickness is less than the second thickness and the third thickness; and
the upper portion, midportion, and lower portion has an overall vertical cross-sectional "S" wave shape, wherein the central portion is at least partially located at an inflection point of the "S" wave shape.
20. The article of footwear of claim 19 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. An article of footwear comprising: a foot receiving shoe opening;
a uniformly molded heel cup;
the heel cup uniformly molded with an upper portion, midportion, and lower portion the heel cup having a rearward facing upper concavity with a first amplitude;
the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the heel cup having an upper central portion, a mid-central portion, and lower central portion; the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; and the first thickness is less than the second thickness and the third thickness.
2. The article of footwear of claim 1 wherein the upper portion has a first configuration; the upper portion is capable of distorting into a second configuration under a load of a user's foot when the user is donning the footwear; in the second configuration at least part of the upper portion is lowered relative to the first configuration; and the upper portion capable of returning to the first configuration after the load of user's foot is removed.
8. The article of footwear of claim 1 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
9. The article of footwear of claim 1, wherein a foam component is located on at least an inner surface of the upper portion and midportion of the heel cup; the foam component is compressed by the user's heel during foot insertion; and the foam component exerts pressure on the user's ankle once the foot is inserted.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
19. An article of footwear comprising: a foot receiving shoe opening;
a uniformly molded heel cup;
the heel cup uniformly molded with an upper portion, midportion, and lower portion; the heel cup having a rearward facing upper concavity with a first amplitude;
the heel cup having a forward facing lower concavity with a second amplitude; the second amplitude being greater than the first amplitude;
the heel cup having an upper central portion, a mid-central portion, and lower central portion; the mid-central portion having a first thickness; the upper central portion having a second thickness; the lower central portion having a third thickness; the first thickness is less than the second thickness and the third thickness; and
the upper portion, midportion, and lower portion has an overall vertical cross-sectional "S" wave shape, wherein the central portion is at least partially located at an inflection point of the "S" wave shape.
20. The article of footwear of claim 19 wherein an elastic member is located between the heel cup and a front portion of the foot receiving shoe opening.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and dependent claims as shown in the table below of U.S. Patent No. 12,232,567 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented claim 1 and dependent claims as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and dependent claims as shown in the table below of U.S. Patent No. 12,232,567 in view of Litchfield (2001/0032399).
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Litchfield discloses the claim limitations of the conflicting patented claims 1 and dependent claims, as shown in the table below.
Litchfield discloses, an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned (“When pattern pieces 20 and 22 are fully constructed, first material 44 forms the outermost layer of the pattern pieces, while second material 46 forms the innermost layer. First material 44 is preferably a lightweight breathable material, such as COOL MESH.TM. (a stretchable nylon mesh having aeration holes 45) available from Dae Woo Textiles Industries.”, [0068], “Second material 46 is preferably a soft, brushed nylon or polyester, or any other material which is comfortable against the user's foot, yet durable enough to withstand any friction created by movement of the wearer's foot.”, [0069], “With reference again to FIG. 3, heel piece 24 is constructed similar to forefoot piece 20 by cutting identical heel pattern pieces from first material 44 and second material 46. A third layer of foam 48 which has been cut to correspond to the heel and collar regions of the pattern is attached to the wrong side of either first material 44 or second material 46 to provide added cushioning to those areas of the upper. The heel pattern pieces are then stitched together in a wrong side out configuration along a seam 51 to form a unitary heel piece 24. The heel piece is turned right-side out by pushing counter portion 34 through an opening provided at the lower edge of the counter portion. At this time, a u-shaped heel counter 50 (shown in phantom in FIG. 2) is placed in between the first and second pattern pieces through the previously mentioned opening. Heel counter 50 provides added stability to the heel portion of shoe 10 by preventing the user's foot from pronating during heel strike.”, [0072], therefore, wherein
44 of 44/46 having wicking properties that is fitted to a surface of 48 that contacts the user's foot when the shoe is being donned, figures 3, 4 and 4a).
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 an elastic textile material having wicking properties fitted to a surface of the foam layer as taught by Litchfield, in order to provide a “lightweight breathable material”, [0068] for additional comfort for the user.
Present Application
Patent No. 12,232,567
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. A shoe comprising: an upper, the upper defining a foot receiving shoe opening;
a heel counter located at a rear portion of the upper, the heel counter comprising a heel cup;
wherein the heel cup comprises a lower portion, a midportion, and an upper portion having a curvature extending from a top edge of the heel cup and curved downward towards the shoe opening;
wherein, in a vertical cross-section, the heel cup has a S wave shape; wherein the heel cup is rigid such that the upper portion is not lowered under a load of a user's foot;
a compressible layer located along an inner wall of the heel cup; wherein the compressible layer is configured to curve around at least a portion of a user's ankle above a user's heel when the shoe is worn by a user; and
wherein the compressible layer is configured to be compressed by the user's foot during insertion of the foot into the shoe, and to at least partially expand to secure the foot within the shoe after insertion of the foot into the shoe.
3. The shoe of claim 1, wherein the compressible layer comprises a foam material.
6. The shoe of claim 1, wherein the upper comprises at least one elastic region located on a side of the upper between the heel cup and a front portion of the shoe opening; and wherein the at least one elastic region is configured to stretch to allow a rear portion of the heel counter to be temporarily moved back to widen the shoe opening for easier insertion of a user's foot into the shoe; preferably wherein the at least one elastic region is arranged between the heel cup and a tongue of the upper.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. A shoe comprising: an upper, the upper defining a foot receiving shoe opening;
a heel counter located at a rear portion of the upper, the heel counter comprising a heel cup;
wherein the heel cup comprises a lower portion, a midportion, and an upper portion having a curvature extending from a top edge of the heel cup and curved downward towards the shoe opening;
wherein, in a vertical cross-section, the heel cup has a S wave shape; wherein the heel cup is rigid such that the upper portion is not lowered under a load of a user's foot;
a compressible layer located along an inner wall of the heel cup; wherein the compressible layer is configured to curve around at least a portion of a user's ankle above a user's heel when the shoe is worn by a user; and
wherein the compressible layer is configured to be compressed by the user's foot during insertion of the foot into the shoe, and to at least partially expand to secure the foot within the shoe after insertion of the foot into the shoe.
3. The shoe of claim 1, wherein the compressible layer comprises a foam material.
6. The shoe of claim 1, wherein the upper comprises at least one elastic region located on a side of the upper between the heel cup and a front portion of the shoe opening; and wherein the at least one elastic region is configured to stretch to allow a rear portion of the heel counter to be temporarily moved back to widen the shoe opening for easier insertion of a user's foot into the shoe; preferably wherein the at least one elastic region is arranged between the heel cup and a tongue of the upper.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 26 and dependent claims as shown in the table below of U.S. Patent No. 12,336,594 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented claim 1 and 26 and dependent claims as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and dependent claims as shown in the table below of U.S. Patent No. 12,336,594 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented claim 1 and dependent claims as shown in the table below.
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and dependent claims as shown in the table below of U.S. Patent No. 12,336,594.
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 22 is 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 #: 12,336,594
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. (Currently Amended) A shoe, comprising: a sole;
an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion; an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup,
wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes at least one reduced thickness region providing flexibility to the heel cup when donning or removing the shoe.
11. wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; and the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
26. (Currently Amended) A shoe, comprising: a sole;
an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the upper, wherein the heel cup comprises an upper portion, a midportion, and a lower portion;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible,
wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; wherein the heel cup includes at least one enhanced flexibility region wherein the at least one enhanced flexibility region comprises a plurality of enhanced flexibility regions oriented vertically along a rearmost portion of the heel cup.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. (Currently Amended) A shoe, comprising: a sole;
an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion; an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup,
wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes at least one reduced thickness region providing flexibility to the heel cup when donning or removing the shoe.
11. wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; and the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle.
21. wherein the interior foam layer is covered by an elastic textile.
22. wherein the elastic textile has wicking properties
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and dependent claims as shown in the table below of U.S. Patent No. 12,414,608 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented claim 1 and dependent claims as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and dependent claims as shown in the table below of U.S. Patent No. 12,414,608 in view of Litchfield (2001/0032399).
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Litchfield discloses the claim limitations of the conflicting patented claims 1 and dependent claims, as shown in the table below.
Litchfield discloses, an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned (“When pattern pieces 20 and 22 are fully constructed, first material 44 forms the outermost layer of the pattern pieces, while second material 46 forms the innermost layer. First material 44 is preferably a lightweight breathable material, such as COOL MESH.TM. (a stretchable nylon mesh having aeration holes 45) available from Dae Woo Textiles Industries.”, [0068], “Second material 46 is preferably a soft, brushed nylon or polyester, or any other material which is comfortable against the user's foot, yet durable enough to withstand any friction created by movement of the wearer's foot.”, [0069], “With reference again to FIG. 3, heel piece 24 is constructed similar to forefoot piece 20 by cutting identical heel pattern pieces from first material 44 and second material 46. A third layer of foam 48 which has been cut to correspond to the heel and collar regions of the pattern is attached to the wrong side of either first material 44 or second material 46 to provide added cushioning to those areas of the upper. The heel pattern pieces are then stitched together in a wrong side out configuration along a seam 51 to form a unitary heel piece 24. The heel piece is turned right-side out by pushing counter portion 34 through an opening provided at the lower edge of the counter portion. At this time, a u-shaped heel counter 50 (shown in phantom in FIG. 2) is placed in between the first and second pattern pieces through the previously mentioned opening. Heel counter 50 provides added stability to the heel portion of shoe 10 by preventing the user's foot from pronating during heel strike.”, [0072], therefore, wherein
44 of 44/46 having wicking properties that is fitted to a surface of 48 that contacts the user's foot when the shoe is being donned, figures 3, 4 and 4a).
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 an elastic textile material having wicking properties fitted to a surface of the foam layer as taught by Litchfield, in order to provide a “lightweight breathable material”, [0068] for additional comfort for the user.
Present Application
Patent No. 12,414,608
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
1. (Currently Amended) A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of thermoplastic elastomer material, affixed to the sole and upper, wherein the heel cup comprises an upper portion, a midportion, and a lower portion, the heel cup comprising a plurality of enhanced flexibility regions oriented vertically along a rearmost portion of the heel cup;
an interior foam layer, comprised of at least one of EVA and polyurethane foam, bonded to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted, and
wherein the interior foam layer is covered by an elastic textile having wicking properties, the elastic textile form fitted to the shape of the interior foam layer.
7. wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; and the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. (Currently Amended) A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of thermoplastic elastomer material, affixed to the sole and upper, wherein the heel cup comprises an upper portion, a midportion, and a lower portion, the heel cup comprising a plurality of enhanced flexibility regions oriented vertically along a rearmost portion of the heel cup;
an interior foam layer, comprised of at least one of EVA and polyurethane foam, bonded to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted, and
wherein the interior foam layer is covered by an elastic textile having wicking properties, the elastic textile form fitted to the shape of the interior foam layer.
7. wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; and the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 24 and 25 and dependent claims as shown in the table below of U.S. Patent No. 12,285,076 in view of Pratt et al. (2018/0206588)[Pratt].
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Pratt disclose all of the claim limitations of the conflicting patented 1, 24 and 25 and dependent claims as shown in the table below.
Pratt discloses, the heel cup comprising an aperture at a rear of the heel cup, wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe (“With reference to FIGS. 4A and 4B, heel piece 140 can include one or more paddles 142 that may be connected with one or more bridges or necks 144, 146. The bridges 144, 146 may be separated by a gap or an opening (as shown in FIGS. 4A and 4B). Paddles 142, in example, embodiments, are rotatable and/or moveable independent of each other. One or more paddles 142 connected with one or more necks 144, 146 can include a single, unitary piece, or a plurality of separate and distinct components…The paddles may be positioned within a quarter or heel counter of the rapid-entry shoe. In various embodiments, the paddles are connected to the rear portion of the rapid-entry in proximity to the topline of the shoe opening.”, [0057], “Outward rotation of a paddle of heel piece 140 about deformable element 130 can be further assisted by the collapsing of the heel piece or the heel material of the upper, as illustrated in FIG. 6B. In such embodiments, the collapsing of the heel material of the upper can cause a paddle of heel piece 140 to splay open.”, [0061], “FIG. 7C illustrates an exploded view of a split 170 and an elastic gore 172 in the top rim of the rapid-entry shoe in accordance with an example embodiment of the present disclosure. Rapid-entry shoe 100 includes a split 170 formed in the shape of a triangle in some embodiments. In example embodiments, split 170 includes a split in the top rim, heel or rear of rapid-entry shoe 100, which can be in the lowest point of the collar topline 173 of rapid-entry shoe 100. Split 170 can include an elastic gore 172 or another stretchable material. In example embodiments, split 170 widens during heel compression, allowing the heel to collapse without pulling the lateral and medial quarters of rapid-entry shoe 100 inward. In another embodiment, and with momentary reference to FIGS. 7A and 7B, split 170 can distinguish a more substantially separated heel that moves independent of the quarter panels of rapid-entry shoe 100.”, [0069], therefore, 140 comprising 146 at a rear of 140, wherein tension created by 170 of the upper at 143 upon stretching facilitates securement of a user's foot within the shoe).
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 heel cup an aperture wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe as taught by Pratt in order to provide an aperture that assists “to secure a rear portion 105 of rapid-entry shoe 100 about a user's heel when heel structure 110 is in an uncollapsed configuration, and direct a user's foot into, or otherwise accommodate a user's foot with respect to, a shoe opening when heel structure 110 is in a collapsed configuration”, [0056], in which the aperture provides a “lower bridge or neck 146 prevents inward rotation of paddles 142 about deformable element 130 (i.e., roll-in of paddles 142). More specifically, lower bridge or neck 146 can prevent the lower portions of paddles 142 from spreading apart.”, [0059].
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 23 and dependent claims as shown in the table below of U.S. Patent No. 12,285,076
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 22 is anticipated by the conflicting patented claims 1 and 23 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).
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 24 and 25 and dependent claims as shown in the table below of U.S. Patent No. 12,285,076 in view of Litchfield (2001/0032399).
Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims in view of Litchfield discloses the claim limitations of the conflicting patented claims 24 and 25, as shown in the table below.
Litchfield discloses, an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned (“When pattern pieces 20 and 22 are fully constructed, first material 44 forms the outermost layer of the pattern pieces, while second material 46 forms the innermost layer. First material 44 is preferably a lightweight breathable material, such as COOL MESH.TM. (a stretchable nylon mesh having aeration holes 45) available from Dae Woo Textiles Industries.”, [0068], “Second material 46 is preferably a soft, brushed nylon or polyester, or any other material which is comfortable against the user's foot, yet durable enough to withstand any friction created by movement of the wearer's foot.”, [0069], “With reference again to FIG. 3, heel piece 24 is constructed similar to forefoot piece 20 by cutting identical heel pattern pieces from first material 44 and second material 46. A third layer of foam 48 which has been cut to correspond to the heel and collar regions of the pattern is attached to the wrong side of either first material 44 or second material 46 to provide added cushioning to those areas of the upper. The heel pattern pieces are then stitched together in a wrong side out configuration along a seam 51 to form a unitary heel piece 24. The heel piece is turned right-side out by pushing counter portion 34 through an opening provided at the lower edge of the counter portion. At this time, a u-shaped heel counter 50 (shown in phantom in FIG. 2) is placed in between the first and second pattern pieces through the previously mentioned opening. Heel counter 50 provides added stability to the heel portion of shoe 10 by preventing the user's foot from pronating during heel strike.”, [0072], therefore, wherein
44 of 44/46 having wicking properties that is fitted to a surface of 48 that contacts the user's foot when the shoe is being donned, figures 3, 4 and 4a).
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 an elastic textile material having wicking properties fitted to a surface of the foam layer as taught by Litchfield, in order to provide a “lightweight breathable material”, [0068] for additional comfort for the user.
Present Application
Patent No. 12,285,076
1. A shoe comprising: a sole extending from a front portion to a rear portion of the shoe;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein tension created by the elastic material of the upper at the aperture upon stretching facilitates securement of a user's foot within the shoe,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the shoe in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the shoe, temporarily widening a foot-receiving shoe opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the shoe after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the shoe opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the shoe after donning.
1. (Currently Amended) A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion, wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes at least one reduced thickness region providing flexibility to the heel cup when donning or removing the shoe.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
24. A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion, wherein, in a first configuration,
the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes a plurality of enhanced thickness regions oriented in a vertical direction at a rearmost portion of the heel cup.
1. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a heel cup comprising a uniformly molded flexible polymer material,
the heel cup comprising an aperture at a rear of the heel cup,
wherein the elastic material of the upper at the aperture is configured to facilitate securement of a user's foot within the boot upon stretching,the heel cup comprising an upper portion attached to the upper,
the heel cup comprising an upper portion attached to the upper, the upper portion being concave relative to the front portion of the boot in a plane of the sole and
flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
the heel cup comprising a lower portion attached to the sole; and
a foam layer positioned near a topmost region of the foot-receiving boot opening and extending into the boot opening, the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning.
25. A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion, wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes a plurality of enhanced flexibility regions oriented vertically along a rearmost portion of the heel cup.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
1. A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion, wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes at least one reduced thickness region providing flexibility to the heel cup when donning or removing the shoe.
21. The shoe of claim 1, wherein the interior foam layer is covered by an elastic textile having wicking properties.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
23. A shoe, comprising: a sole; an upper, including at least a portion comprising elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and attached to an inner lining of the upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion,
a vertical cross-sectional shape of a rearmost portion of the heel cup comprising an S-wave, along the vertical cross-sectional shape,
the heel cup including at least one reduced thickness region at a rearmost portion of the heel cup, at least one upper thicker adjacent region oriented vertically above the at least one reduced thickness region, and at least one lower thicker adjacent region oriented vertically below the at least one reduced thickness region;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible,
wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted,
the interior foam layer being covered by an elastic textile having wicking properties, wherein the elastic textile is form fitted to the shape of the interior foam layer.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
24. A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion, wherein, in a first configuration,
the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes a plurality of enhanced thickness regions oriented in a vertical direction at a rearmost portion of the heel cup.
22. A boot comprising: a sole extending from a front portion to a rear portion of the boot;
an upper comprising elastic material;
a compressible component formed of flexible thermoplastic material,
the compressible component attached at an outer surface of the upper and curving from medial to lateral sides of the sole,
wherein tension created by the elastic material of the upper below the compressible component, upon stretching, facilitates securement of a user's foot within the boot,
the compressible component flexing downward upon application of downward force by the user's foot when donning the boot, temporarily widening a foot-receiving boot opening into which the user's foot is inserted, and returning upward to surround a rear portion of a heel of the user's foot to facilitate the securement of the user's foot within the boot after donning,
a foam layer positioned near a topmost region of the foot-receiving shoe opening and extending into the boot opening,
the foam layer configured to be compressed by the user's heel during foot insertion, and to facilitate the securement of the foot within the boot after donning
the foam layer tapering along its longitudinal axis so that its volume is greater at a mid-portion than at end portions; and
an elastic textile having wicking properties that is fitted to a surface of the foam layer that contacts the user's foot when the shoe is being donned.
25. A shoe, comprising: a sole; an upper, including at least one layer of elastic material positioned to stretch and create tension that enhances securement of a foot inserted into the shoe;
a heel cup, comprised of polymer material, affixed to the sole and upper,
wherein the heel cup comprises an upper portion, a midportion, and a lower portion, wherein, in a first configuration, the upper portion of the heel cup has a downward incline with a first angle relative to a vertical line that is normal to a horizontal surface of a floor; the upper portion is capable of distorting into a second configuration under a load of the foot when donning the shoe, wherein in the second configuration the upper portion has a downward incline with a second angle relative to the vertical line, the second angle being greater than the first angle;
an interior foam layer adjacent to at least an interior wall of the upper portion of the heel cup, wherein the interior foam layer is compressible, wherein the interior foam layer extends into a shoe opening, providing securement of the foot once inserted; and
wherein the heel cup includes a plurality of enhanced flexibility regions oriented vertically along a rearmost portion of the heel cup.
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.
Claim 10 is 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 pre-AIA the applicant regards as the invention.
Claim 10 recites the limitation “the foam layer has sufficient thickness to facilitate the securement of the user's foot at an Achilles tendon around a calcaneus bone.”, which is indefinite since it is unclear as to the meets and bounds are as to what constitutes “sufficient thickness”.
All dependent claims are rejected for depending from a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2018/0206588 by Pratt discloses an upper with an elastic material and a heel cup with an aperture.
2. 3,768,182 by Powers discloses a foam layer extending into the opening of the shoe.
3. 2001/0032399 by Litchfield discloses an elastic textile having wicking properties on an inner surface of the foam layer
4. 2018/0103727 by Fracassi discloses an interior foam layer bonded to the inner surface of the heel cup.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached on 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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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732