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 1-30 are presented for examination.
Claim Objections
Claims 15-19 are objected to because of the following informalities:
Claims 15-19 each recite “the band-like flexible structure”, which could read as – the band-like flexible component --, as recited in claim 14, since it appears that “the band-like flexible structure” and “the band-like flexible component” are meant to refer to the same elements, consistent claim language should be maintained throughout a claim and claim dependencies.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 10-11, 14-18, 20-24, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Beers et al. (2018/0110292)[Beers] in view of Hopkins (2020/0196703) in view of in view of Powers (3,768,182)
Regarding claim 1, Beers teaches, A shoe (412, [0186], figures 1-6 and 11-14) comprising: a sole structure; a shoe upper having a foot-receiving shoe opening, the shoe upper comprising a lateral side, a medial side, and a heel region; an ankle collar extending around at least a portion of the shoe opening; a bar-like flexible component that is distinct from the sole structure and from the shoe upper, wherein the bar-like flexible component extends around the heel region, from a maximum height which is below the ankle collar and behind the shoe opening, and extends from the maximum height in a downward angled direction along a portion of each of the lateral and the medial sides (“FIGS. 11-14 show another embodiment of an article of footwear 412 that has a heel spring device 410 with similar function and features as heel spring device 10. The heel spring device 410 is secured to a sole layer 434 and to an upper 438 that has a flexible covering 442 with an elastically stretchable material in the heel region for receiving and covering a foot supported on the sole layer 434. For example, the flexible covering 442 may be an elastically stretchable fabric, such as a 4-way stretch nylon fabric”, [0186], “The material of the device 10 is selected to provide the ability to elastically deform by elastic bending as described, and store potential energy, such as elastic energy, that returns the device 10 to the unstressed position. Example materials include plastics (such as thermoplastics), composites, and nylon.”, [0177], “The device 10 includes a control bar 14 that has a center segment 16, a first side arm 18 extending downwardly and forwardly from the center segment 16, and a second side arm 20 spaced from the first side arm 18 and also extending downwardly and forwardly from the center segment 16. The first side arm 18 is a medial side arm and the second side arm 20 is a lateral side arm.”, [0166], therefore, 412 comprising: 434; 438 having a foot-receiving shoe opening, 438 comprising a lateral side, a medial side, and a heel region; 438 extending around at least a portion of the shoe opening; 410 that is distinct from 424 and from 438, wherein 410 extends around the heel region, from a maximum height and behind the shoe opening, and extends from the maximum height in a downward angled direction along a portion of each of the lateral and the medial sides, figures 1-6 and 11-14); and a compressible material layer disposed along regions of an inner wall of the shoe upper facing the shoe opening, said regions corresponding to at least a top portion of the heel region adjacent to the ankle collar, wherein the compressible material layer (i) protrudes into the shoe opening along at least the top portion of the heel region, , wherein the bar-like flexible component is configured to be depressed from an elevated position under a downward load during donning of the shoe, and to automatically return back to the elevated position when the shoe is donned (“FIGS. 11-14 show another embodiment of an article of footwear 412 that has a heel spring device 410 with similar function and features as heel spring device 10.”, [0186], “The device 410 functions at least in some respects as a heel counter in that it helps to retain a wearer's heel in position atop a heel portion of the sole structure, preventing medial or lateral displacement during use. Similar to device 10, the device 410 has a ramped surface 450 for easing foot entry.”, [0187], The device 10 alleviates these issues, and allows the foot 46 to enter into a foot-receiving cavity 47 formed by the upper 38 without the use of hands or other tools. Only the foot 46 is used to gain entry. Specifically, using the bottom of the foot 46, a force F is applied to press on the control bar 14 as shown in FIG. 4, resiliently bending the device at the joints 24A, 24B moving the control bar 14 from the unstressed position to the loaded position, which is represented by the control bar in position 14A. The upper 38 is attached to the center segment 16, and moves down with the control bar 14. The stored elastic energy due to the bias of the device 10 automatically returns the device 10 to the unstressed position when the foot 46 moves fully into the foot-receiving cavity 47, causing the upper 38 to be automatically pulled up over the back of the foot 46. The position of the stretchable flexible covering 42 prior to inserting the foot is shown in FIG. 5. The flexible covering 42 stretches over the back of the heel of the foot 46 to the position 42A represented in phantom in FIG. 5 when the device 10 returns to the unstressed position.”, [0174], “To further ease entry of the foot 46 into the foot-receiving cavity 47 of the upper 38, the center segment 16 of the control bar 14 has a ramped surface 50 that declines toward an inner periphery 52 of the center segment 16, as indicted in FIGS. 2 and 4. There is a change in slope of the center segment 16 at a transition line 51, between an upper portion 54 of the foot contact surface of the control bar 14 and the ramped surface 50. The ramped surface 50 has a steeper declining slope than the upper portion 54, helping the foot 46 to slide down and inward.”, [0175], therefore, 435A disposed along regions of an inner wall of 438 facing the shoe opening, said regions corresponding to at least a top portion of the heel region adjacent to 435, wherein 435A (i) protrudes into the shoe opening along at least the top portion of the heel region, wherein 410 is configured to be depressed from an elevated position under a downward load during donning of 412, and to automatically return back to the elevated position when 412 is donned, figures 1-6 and 11-14).
Beers fails to teach, wherein the bar-like flexible component extends from a maximum height which is below the ankle collar, the compressible material layer (ii ) tapers in a downward direction towards a base of the shoe upper.
Hopkins, footwear with a collar that facilitates conning and doffing the footwear, Abstract, teaches, wherein the bar-like flexible component extends from a maximum height which is below the ankle collar (“Each of the illustrated collar elevators 350 and 450 depicts examples of medial lever arms 352 and 452, respectively. In addition, each of the illustrated collar elevators 350 and 450 depicts examples of lateral lever arms 354 and 454, respectively, and center connecting bands 356 and 456, respectively.”, [0036], “the collar elevator moves the ankle collar from the lowered state to the raised state. More specifically, at least a portion of the medial lever arm, the lateral lever arm, the center connecting band, or any combination thereof, is affixed to a portion of the upper. In one aspect, the center connecting band may be affixed near a heel portion of the ankle collar.”, [0038], “the footwear articles 310 and 410 may more easily receive, or more easily direct a wearer's foot into, or otherwise accommodate, a wearer's foot with respect to, the foot-receiving opening. This potentially easier donning may result from, among other things, the collar elevators 350 and 450 helping to provide a larger foot-insertion opening without allowing a topline of the ankle collar to fold inward towards the foot-receiving cavity.”, [0054], therefore, wherein 450 extends from a maximum height which is below 436, figures 4A-4C).
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 bar-like flexible component of Beers as having a maximum height below the ankle collar, as taught by Hopkins in order to provide better comfort for the user and full coverage at the top of the bar-like flexible component, which would not come into direct contact with the user.
The combined references fail to teach, the compressible material layer (ii ) tapers in a downward direction towards a base of the shoe upper.
Powers, footwear with a heel counter, Abstract, teaches, the compressible material layer (ii ) tapers in a downward direction towards a base of the shoe upper (“The support of the foot at the rear or heel region is important to provide secure attachment of the shoe to the foot. As shown in FIG. 2, the rear or heel portion of the shoe includes a soft inner layer 70, a layer of padding 72, a counter 74, and an outer layer 76. A loop 78 is attached to the outer layer. The counter 74 is of an ordinary stiff kind which extends in a curve to support the lower heel portion of the foot, the top 74T of the counter extending to a typical height. However, the padding 72 and inner and outer layers 70, 76 form an extension above the counter that rests against the Achilles tendon of the foot. This extension 80 is not as stiff as the counter 74, but is self-supporting and can apply some pressure to the foot.”, Col. 4 ln. 53-67, therefore, 72 (ii ) tapers in a downward direction towards a base of the shoe upper, figures 2 and 6).
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 compressible material layer of Beers a tapering in a downward direction towards a base of the shoe upper, as taught by Powers in order to “snugly surround[ing] the rear of the foot even along the curved Achilles tendon portion, a more snug fit is obtained”, Col. 5 ln. 5-7.
Regarding claim 2, the combined references teach, wherein the bar-like flexible component is disposed against an external surface of the shoe upper (Beers, “FIGS. 11-14 show another embodiment of an article of footwear 412 that has a heel spring device 410 with similar function and features as heel spring device 10. The heel spring device 410 is secured to a sole layer 434 and to an upper 438 that has a flexible covering 442 with an elastically stretchable material in the heel region for receiving and covering a foot supported on the sole layer 434. For example, the flexible covering 442 may be an elastically stretchable fabric, such as a 4-way stretch nylon fabric”, [0186], therefore, wherein 410 is disposed against an external surface of 438, figures 1-6 and 11-14).
Regarding claim 3, the combined references teach, wherein a bottom edge of the bar-like flexible component terminates at or above the sole structure (Beers, wherein a bottom edge of 410 terminates at or above 434, figures 1-6 and 11-14).
Regarding claim 4, the combined references teach, wherein the bar-like flexible component is made of material and the sole structure is made of a material (Beers, “The material of the device 10 is selected to provide the ability to elastically deform by elastic bending as described, and store potential energy, such as elastic energy, that returns the device 10 to the unstressed position. Example materials include plastics (such as thermoplastics), composites, and nylon.”, [0177], “the heel spring device 410 is secured to a sole layer 434”, [0186], therefore, wherein 418 is made of a material and 434 is made of a material).
While Beers discloses a material for the bar-like flexible component, Beers does not teach a material of the sole structure, therefore, the combined references fail to teach, wherein the bar-like flexible component is made of a different material than the sole structure.
Hopkins further teaches, wherein the bar-like flexible component is made of a different material than the sole structure (“The sole structure 12 may be constructed of various materials and may include various elements. For example, the sole structure 12 may include a midsole 32 and an outsole 34. The midsole 32 may be formed from a compressible polymer foam element (e.g., a polyurethane or ethylvinylacetate (EVA) foam) that attenuates ground reaction forces (i.e., provides cushioning) when compressed between the foot and the ground during walking, running, or other ambulatory activities.”, [0031], “A deformable element may include one or more of a tube, a wire, a spring, a shape memory structure or material, and the like. Furthermore, a deformable element can include one or more materials such as carbon steel, stainless steel, titanium, nickel titanium (nitinol) and other metals and alloys (shape-memory or otherwise), polymers (shape-memory or otherwise), composite materials, foam materials, graphite, carbon fiber, fiberglass, TPC-ET, silicone, TPU, and polycarbonate. For example, a deformable element might include titanium or be a titanium wire. Also, one or more deformable elements might be made of a first material, e.g., titanium, and one or more additional deformable elements might be made of a second material, e.g., graphite.”, [0047], “As described in other portions of this disclosure, the collar elevators 350 and 450 provide a return force when moving the ankle collars 336 and 436 from the lowered state to the raised state.”, [0056], therefore, wherein 450 is made of a different material than the sole structure).
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 material of the bar-like flexible component and the sole structure, as being different, as taught by Hopkins in order to provide a sole structure that “attenuates ground reaction forces”, [0031], and a bar-like flexible component that can “provide a return force when moving the ankle collars 336 and 436 from the lowered state to the raised state”, [0056].
Regarding claim 5, the combined references teach, wherein the compressible material layer is to compress, in cooperation with the bar-like flexible component, under the downward load during donning of the, and to automatically return back to a fully or partially uncompressed state when the shoe is donned (Beers, wherein the 435A is to compress, in cooperation with 410, under the downward load during donning of the, and to automatically return back to a fully or partially uncompressed state when 412 is donned, [0170], [0174], [0175], [0186], figures 1-6 and 11-14).
Regarding claim 6, the combined references teach, wherein the compressible material layer extends at least from the heel region along a portion of longitudinal sides of the shoe opening (wherein 435A extends at least from the heel region along a portion of longitudinal sides of the shoe opening, [0186], figure 14).
Regarding claim 10, the combined references teach, wherein the sole structure comprises a midsole layer and an outsole layer wherein the midsole and outsole layers are integrally formed (“As shown in FIGS. 5 and 6, the article of footwear 12 includes a sole structure 32 and an upper 38 secured to the sole structure 32. The sole structure 32 includes one or more sole components that may be sole layers 34, such as an outsole, a midsole, or a unitary combination of an outsole and a midsole that may be referred to as a unisole. In FIGS. 5 and 6, the sole layer 34 may be a midsole or a unisole.”, [0171], therefore, wherein 434 comprises a midsole layer and an outsole layer wherein the midsole and outsole layers are integrally formed, see figures 11-14 which shows 343 with a midsole and outsole layers).
Regarding claim 11, Beers teaches, wherein the bar-like flexible component is comprised of a polymer material (the device 10 may be injection molded as a single, unitary, one-piece component.”, [00169], “The material of the device 10 is selected to provide the ability to elastically deform by elastic bending as described, and store potential energy, such as elastic energy, that returns the device 10 to the unstressed position. Example materials include plastics (such as thermoplastics), composites, and nylon. Another example material is a polyether block amide such as PEBAX® available from Arkema, Inc. in King of Prussia, Pa. USA. Another example material is a fiberglass reinforced polyamide. An example fiberglass reinforced polyamide is RISLAN® BZM 7 0 TL available from Arkema, Inc. in King of Prussia, Pa. USA. Such a fiberglass reinforced polyamide may have a density of 1.07 grams per cubic centimeter under ISO 1183 test method, an instantaneous hardness of 75 on a Shore D scale under ISO 868 test method, a tensile modulus of 1800 MPa under ISO 527 test method (with samples conditioned 15 days at 23 degrees Celsius with 50% relative humidity), and a flexural modulus of 1500 MPa under ISO 178 test method (with samples conditioned 15 days at 23 degrees Celsius with 50% relative humidity).”, [0177], therefore, wherein 410 is comprised of a polymer material, figures 1-6 and 11-14).
Regarding claim 14, Beers teaches, A shoe (412, [0186], figures 1-6 and 11-14) comprising: a sole structure; a shoe upper having a foot-receiving shoe opening, the shoe upper comprising a lateral side, a medial side, and a heel region; an ankle collar extending around at least a portion of the shoe opening; a band-like flexible component that is distinct from the sole structure and attached to an exterior of the shoe upper, wherein the band-like flexible component extends around the heel region and behind the shoe opening, and extends from the maximum height in a downward angled direction along a portion of each of the lateral and the medial sides (“FIGS. 11-14 show another embodiment of an article of footwear 412 that has a heel spring device 410 with similar function and features as heel spring device 10. The heel spring device 410 is secured to a sole layer 434 and to an upper 438 that has a flexible covering 442 with an elastically stretchable material in the heel region for receiving and covering a foot supported on the sole layer 434. For example, the flexible covering 442 may be an elastically stretchable fabric, such as a 4-way stretch nylon fabric”, [0186], “The material of the device 10 is selected to provide the ability to elastically deform by elastic bending as described, and store potential energy, such as elastic energy, that returns the device 10 to the unstressed position. Example materials include plastics (such as thermoplastics), composites, and nylon.”, [0177], “The device 10 includes a control bar 14 that has a center segment 16, a first side arm 18 extending downwardly and forwardly from the center segment 16, and a second side arm 20 spaced from the first side arm 18 and also extending downwardly and forwardly from the center segment 16. The first side arm 18 is a medial side arm and the second side arm 20 is a lateral side arm.”, [0166], therefore, 412 comprising: 434; 438 having a foot-receiving shoe opening, 438 comprising a lateral side, a medial side, and a heel region; 438 extending around at least a portion of the shoe opening; 410 that is distinct from 424 and attached to an exterior of 438, wherein 410 extends around the heel region, from a maximum height and behind the shoe opening, and extends from the maximum height in a downward angled direction along a portion of each of the lateral and the medial sides, figures 1-6 and 11-14); and a compressible material layer disposed along regions of an inner wall of the shoe upper facing the shoe opening, said regions corresponding to at least a top portion of the heel region adjacent to the ankle collar, wherein the compressible material layer (i) protrudes into the shoe opening along at least the top portion of the heel region, wherein the band-like flexible component is configured to be depressed from an elevated position under a downward load during donning of the shoe, and to automatically return back to the elevated position when the shoe is donned (“FIGS. 11-14 show another embodiment of an article of footwear 412 that has a heel spring device 410 with similar function and features as heel spring device 10.”, [0186], “The device 410 functions at least in some respects as a heel counter in that it helps to retain a wearer's heel in position atop a heel portion of the sole structure, preventing medial or lateral displacement during use. Similar to device 10, the device 410 has a ramped surface 450 for easing foot entry.”, [0187], The device 10 alleviates these issues, and allows the foot 46 to enter into a foot-receiving cavity 47 formed by the upper 38 without the use of hands or other tools. Only the foot 46 is used to gain entry. Specifically, using the bottom of the foot 46, a force F is applied to press on the control bar 14 as shown in FIG. 4, resiliently bending the device at the joints 24A, 24B moving the control bar 14 from the unstressed position to the loaded position, which is represented by the control bar in position 14A. The upper 38 is attached to the center segment 16, and moves down with the control bar 14. The stored elastic energy due to the bias of the device 10 automatically returns the device 10 to the unstressed position when the foot 46 moves fully into the foot-receiving cavity 47, causing the upper 38 to be automatically pulled up over the back of the foot 46. The position of the stretchable flexible covering 42 prior to inserting the foot is shown in FIG. 5. The flexible covering 42 stretches over the back of the heel of the foot 46 to the position 42A represented in phantom in FIG. 5 when the device 10 returns to the unstressed position.”, [0174], “To further ease entry of the foot 46 into the foot-receiving cavity 47 of the upper 38, the center segment 16 of the control bar 14 has a ramped surface 50 that declines toward an inner periphery 52 of the center segment 16, as indicted in FIGS. 2 and 4. There is a change in slope of the center segment 16 at a transition line 51, between an upper portion 54 of the foot contact surface of the control bar 14 and the ramped surface 50. The ramped surface 50 has a steeper declining slope than the upper portion 54, helping the foot 46 to slide down and inward.”, [0175], therefore, 435A disposed along regions of an inner wall of 438 facing the shoe opening, said regions corresponding to at least a top portion of the heel region adjacent to 435, wherein 435A (i) protrudes into the shoe opening along at least the top portion of the heel region, wherein 410 is configured to be depressed from an elevated position under a downward load during donning of 412, and to automatically return back to the elevated position when 412 is donned, figures 1-6 and 11-14).
Beers fails to teach, wherein the band-like flexible structure extends from a maximum height which is below the ankle collar, the compressible material layer (ii) tapers in a downward direction towards a base of the shoe upper.
Hopkins, footwear with a collar that facilitates conning and doffing the footwear, Abstract, teaches, wherein the band-like flexible component extends from a maximum height which is below the ankle collar (“Each of the illustrated collar elevators 350 and 450 depicts examples of medial lever arms 352 and 452, respectively. In addition, each of the illustrated collar elevators 350 and 450 depicts examples of lateral lever arms 354 and 454, respectively, and center connecting bands 356 and 456, respectively.”, [0036], “the collar elevator moves the ankle collar from the lowered state to the raised state. More specifically, at least a portion of the medial lever arm, the lateral lever arm, the center connecting band, or any combination thereof, is affixed to a portion of the upper. In one aspect, the center connecting band may be affixed near a heel portion of the ankle collar.”, [0038], “the footwear articles 310 and 410 may more easily receive, or more easily direct a wearer's foot into, or otherwise accommodate, a wearer's foot with respect to, the foot-receiving opening. This potentially easier donning may result from, among other things, the collar elevators 350 and 450 helping to provide a larger foot-insertion opening without allowing a topline of the ankle collar to fold inward towards the foot-receiving cavity.”, [0054], therefore, wherein 450 extends from a maximum height which is below 436, figures 4A-4C).
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 band-like flexible component of Beers as having a maximum height below the ankle collar, as taught by Hopkins in order to provide better comfort for the user and full coverage at the top of the bar-like flexible component, which would not come into direct contact with the user.
The combined references fail to teach, the compressible material layer (ii ) tapers in a downward direction towards a base of the shoe upper.
Powers, footwear with a heel counter, Abstract, teaches, the compressible material layer (ii ) tapers in a downward direction towards a base of the shoe upper (“The support of the foot at the rear or heel region is important to provide secure attachment of the shoe to the foot. As shown in FIG. 2, the rear or heel portion of the shoe includes a soft inner layer 70, a layer of padding 72, a counter 74, and an outer layer 76. A loop 78 is attached to the outer layer. The counter 74 is of an ordinary stiff kind which extends in a curve to support the lower heel portion of the foot, the top 74T of the counter extending to a typical height. However, the padding 72 and inner and outer layers 70, 76 form an extension above the counter that rests against the Achilles tendon of the foot. This extension 80 is not as stiff as the counter 74, but is self-supporting and can apply some pressure to the foot.”, Col. 4 ln. 53-67, therefore, 72 (ii ) tapers in a downward direction towards a base of the shoe upper, figures 2 and 6).
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 compressible material layer of Beers a tapering in a downward direction towards a base of the shoe upper, as taught by Powers in order to “snugly surround[ing] the rear of the foot even along the curved Achilles tendon portion, a more snug fit is obtained”, Col. 5 ln. 5-7.
Regarding claim 15, the combined references teach, wherein a bottom edge of the band-like flexible structure terminates at or above the sole structure (Beers, wherein a bottom edge of 410 terminates at or above 434, figures 1-6 and 11-14).
Regarding claim 16, the combined references teach, wherein the band-like flexible structure is made of material and the sole structure is made of a material (Beers, “The material of the device 10 is selected to provide the ability to elastically deform by elastic bending as described, and store potential energy, such as elastic energy, that returns the device 10 to the unstressed position. Example materials include plastics (such as thermoplastics), composites, and nylon.”, [0177], “the heel spring device 410 is secured to a sole layer 434”, [0186], therefore, wherein 418 is made of a material and 434 is made of a material).
While Beers discloses a material for the bar-like flexible component, Beers does not teach a material of the sole structure, therefore, the combined references fail to teach, wherein the band-like flexible structure is made of a different material than the sole structure.
Hopkins further teaches, wherein the band-like flexible structure is made of a different material than the sole structure (“The sole structure 12 may be constructed of various materials and may include various elements. For example, the sole structure 12 may include a midsole 32 and an outsole 34. The midsole 32 may be formed from a compressible polymer foam element (e.g., a polyurethane or ethylvinylacetate (EVA) foam) that attenuates ground reaction forces (i.e., provides cushioning) when compressed between the foot and the ground during walking, running, or other ambulatory activities.”, [0031], “A deformable element may include one or more of a tube, a wire, a spring, a shape memory structure or material, and the like. Furthermore, a deformable element can include one or more materials such as carbon steel, stainless steel, titanium, nickel titanium (nitinol) and other metals and alloys (shape-memory or otherwise), polymers (shape-memory or otherwise), composite materials, foam materials, graphite, carbon fiber, fiberglass, TPC-ET, silicone, TPU, and polycarbonate. For example, a deformable element might include titanium or be a titanium wire. Also, one or more deformable elements might be made of a first material, e.g., titanium, and one or more additional deformable elements might be made of a second material, e.g., graphite.”, [0047], “As described in other portions of this disclosure, the collar elevators 350 and 450 provide a return force when moving the ankle collars 336 and 436 from the lowered state to the raised state.”, [0056], therefore, wherein 450 is made of a different material than the sole structure).
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 material of the band-like flexible structure and the sole structure, as being different, as taught by Hopkins in order to provide a sole structure that “attenuates ground reaction forces”, [0031], and a bar-like flexible component that can “provide a return force when moving the ankle collars 336 and 436 from the lowered state to the raised state”, [0056].
Regarding claim 17, the combined references teach, wherein the compressible material layer is to compress, in cooperation with the band-like flexible structure, under the downward load during donning of the, and to automatically return back to a fully or partially uncompressed state when the shoe is donned (Beers, wherein the 435A is to compress, in cooperation with 410, under the downward load during donning of the, and to automatically return back to a fully or partially uncompressed state when 412 is donned, [0170], [0174], [0175], [0186], figures 1-6 and 11-14).
Regarding claim 18, the combined references teach, wherein the compressible material layer extends at least from the heel region along a portion of longitudinal sides of the shoe opening (Beers, wherein 435A extends at least from the heel region along a portion of longitudinal sides of the shoe opening, [0186], figure 14).
Regarding claim 20, Beers teaches, A shoe (412, [0186], figures 1-6 and 11-14) comprising: a sole structure; a shoe upper having a foot-receiving shoe opening, the shoe upper comprising a lateral side, a medial side, and a heel region; an ankle collar extending around at least a portion of the shoe opening; a flexible component that is distinct from the sole structure and attached to an exterior of the shoe upper, wherein the flexible component extends around the heel region, from a maximum height, and behind the shoe opening, extends from around the heel region along portions of each of the lateral side and the medial side, including portions which extend down towards a base of the shoe upper, and has a thickness which gradually decreases from the heel region behind the shoe opening towards the portions of each of the lateral side and medial side along which the flexible component extends down towards the base of the shoe upper (“FIGS. 11-14 show another embodiment of an article of footwear 412 that has a heel spring device 410 with similar function and features as heel spring device 10. The heel spring device 410 is secured to a sole layer 434 and to an upper 438 that has a flexible covering 442 with an elastically stretchable material in the heel region for receiving and covering a foot supported on the sole layer 434. For example, the flexible covering 442 may be an elastically stretchable fabric, such as a 4-way stretch nylon fabric”, [0186], “The material of the device 10 is selected to provide the ability to elastically deform by elastic bending as described, and store potential energy, such as elastic energy, that returns the device 10 to the unstressed position. Example materials include plastics (such as thermoplastics), composites, and nylon.”, [0177], “The device 10 includes a control bar 14 that has a center segment 16, a first side arm 18 extending downwardly and forwardly from the center segment 16, and a second side arm 20 spaced from the first side arm 18 and also extending downwardly and forwardly from the center segment 16. The first side arm 18 is a medial side arm and the second side arm 20 is a lateral side arm.”, [0166], therefore, 412 comprising: 434; 438 having a foot-receiving shoe opening, 438 comprising a lateral side, a medial side, and a heel region; 438 extending around at least a portion of the shoe opening; 410 that is distinct from 424 and attached to an exterior of 438, wherein 410 extends around the heel region, from a maximum height and behind the shoe opening, extends from around the heel region along portions of each of the lateral side and the medial side, including portions which extend down towards a base of 138, and has a thickness which gradually decreases from the heel region behind the shoe opening towards the portions of each of the lateral side and medial side along which 410 extends down towards the base of the shoe upper (shown in figure 13), figures 1-6 and 11-14); and a compressible material layer disposed along regions of an inner wall of the shoe upper facing the shoe opening, said regions corresponding to at least a top portion of the heel region adjacent to the ankle collar, wherein the compressible material layer (i) protrudes into the shoe opening along at least the top portion of the heel region, wherein the flexible component is configured to be depressed from an elevated position under a downward load during donning of the shoe, and to automatically return back to the elevated position when the shoe is donned (“FIGS. 11-14 show another embodiment of an article of footwear 412 that has a heel spring device 410 with similar function and features as heel spring device 10.”, [0186], “The device 410 functions at least in some respects as a heel counter in that it helps to retain a wearer's heel in position atop a heel portion of the sole structure, preventing medial or lateral displacement during use. Similar to device 10, the device 410 has a ramped surface 450 for easing foot entry.”, [0187], The device 10 alleviates these issues, and allows the foot 46 to enter into a foot-receiving cavity 47 formed by the upper 38 without the use of hands or other tools. Only the foot 46 is used to gain entry. Specifically, using the bottom of the foot 46, a force F is applied to press on the control bar 14 as shown in FIG. 4, resiliently bending the device at the joints 24A, 24B moving the control bar 14 from the unstressed position to the loaded position, which is represented by the control bar in position 14A. The upper 38 is attached to the center segment 16, and moves down with the control bar 14. The stored elastic energy due to the bias of the device 10 automatically returns the device 10 to the unstressed position when the foot 46 moves fully into the foot-receiving cavity 47, causing the upper 38 to be automatically pulled up over the back of the foot 46. The position of the stretchable flexible covering 42 prior to inserting the foot is shown in FIG. 5. The flexible covering 42 stretches over the back of the heel of the foot 46 to the position 42A represented in phantom in FIG. 5 when the device 10 returns to the unstressed position.”, [0174], “To further ease entry of the foot 46 into the foot-receiving cavity 47 of the upper 38, the center segment 16 of the control bar 14 has a ramped surface 50 that declines toward an inner periphery 52 of the center segment 16, as indicted in FIGS. 2 and 4. There is a change in slope of the center segment 16 at a transition line 51, between an upper portion 54 of the foot contact surface of the control bar 14 and the ramped surface 50. The ramped surface 50 has a steeper declining slope than the upper portion 54, helping the foot 46 to slide down and inward.”, [0175], therefore, 435A disposed along regions of an inner wall of 438 facing the shoe opening, said regions corresponding to at least a top portion of the heel region adjacent to 435, wherein 435A (i) protrudes into the shoe opening along at least the top portion of the heel region, wherein 410 is configured to be depressed from an elevated position under a downward load during donning of 412, and to automatically return back to the elevated position when 412 is donned, figures 1-6 and 11-14).
Beers fails to teach, wherein the flexible component extends from a maximum height which is below the ankle collar; the compressible material layer (ii) tapers in a downward direction towards a base of the shoe upper.
Hopkins, footwear with a collar that facilitates conning and doffing the footwear, Abstract, teaches, wherein the flexible component extends from a maximum height which is below the ankle collar (“Each of the illustrated collar elevators 350 and 450 depicts examples of medial lever arms 352 and 452, respectively. In addition, each of the illustrated collar elevators 350 and 450 depicts examples of lateral lever arms 354 and 454, respectively, and center connecting bands 356 and 456, respectively.”, [0036], “the collar elevator moves the ankle collar from the lowered state to the raised state. More specifically, at least a portion of the medial lever arm, the lateral lever arm, the center connecting band, or any combination thereof, is affixed to a portion of the upper. In one aspect, the center connecting band may be affixed near a heel portion of the ankle collar.”, [0038], “the footwear articles 310 and 410 may more easily receive, or more easily direct a wearer's foot into, or otherwise accommodate, a wearer's foot with respect to, the foot-receiving opening. This potentially easier donning may result from, among other things, the collar elevators 350 and 450 helping to provide a larger foot-insertion opening without allowing a topline of the ankle collar to fold inward towards the foot-receiving cavity.”, [0054], therefore, wherein 450 extends from a maximum height which is below 436, figures 4A-4C).
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 band-like flexible component of Beers as having a maximum height below the ankle collar, as taught by Hopkins in order to provide better comfort for the user and full coverage at the top of the bar-like flexible component, which would not come into direct contact with the user.
The combined references fail to teach, the compressible material layer (ii ) tapers in a downward direction towards a base of the shoe upper.
Powers, footwear with a heel counter, Abstract, teaches, the compressible material layer (ii ) tapers in a downward direction towards a base of the shoe upper (“The support of the foot at the rear or heel region is important to provide secure attachment of the shoe to the foot. As shown in FIG. 2, the rear or heel portion of the shoe includes a soft inner layer 70, a layer of padding 72, a counter 74, and an outer layer 76. A loop 78 is attached to the outer layer. The counter 74 is of an ordinary stiff kind which extends in a curve to support the lower heel portion of the foot, the top 74T of the counter extending to a typical height. However, the padding 72 and inner and outer layers 70, 76 form an extension above the counter that rests against the Achilles tendon of the foot. This extension 80 is not as stiff as the counter 74, but is self-supporting and can apply some pressure to the foot.”, Col. 4 ln. 53-67, therefore, 72 (ii ) tapers in a downward direction towards a base of the shoe upper, figures 2 and 6).
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 compressible material layer of Beers a tapering in a downward direction towards a base of the shoe upper, as taught by Powers in order to “snugly surround[ing] the rear of the foot even along the curved Achilles tendon portion, a more snug fit is obtained”, Col. 5 ln. 5-7.
Regarding claim 21, the combined references teach, wherein a bottom edge of the flexible component terminates at or above the sole structure (Beers, wherein a bottom edge of 410 terminates at or above 434, figures 1-6 and 11-14).
Regarding claim 22, the combined references teach, wherein the flexible component is made of material and the sole structure is made of a material (Beers, “The material of the device 10 is selected to provide the ability to elastically deform by elastic bending as described, and store potential energy, such as elastic energy, that returns the device 10 to the unstressed position. Example materials include plastics (such as thermoplastics), composites, and nylon.”, [0177], “the heel spring device 410 is secured to a sole layer 434”, [0186], therefore, wherein 418 is made of a material and 434 is made of a material).
While Beers discloses a material for the flexible component, Beers does not teach a material of the sole structure, therefore, the combined references fail to teach, wherein the flexible component is made of a different material than the sole structure.
Hopkins further teaches, wherein the flexible component is made of a different material than the sole structure (“The sole structure 12 may be constructed of various materials and may include various elements. For example, the sole structure 12 may include a midsole 32 and an outsole 34. The midsole 32 may be formed from a compressible polymer foam element (e.g., a polyurethane or ethylvinylacetate (EVA) foam) that attenuates ground reaction forces (i.e., provides cushioning) when compressed between the foot and the ground during walking, running, or other ambulatory activities.”, [0031], “A deformable element may include one or more of a tube, a wire, a spring, a shape memory structure or material, and the like. Furthermore, a deformable element can include one or more materials such as carbon steel, stainless steel, titanium, nickel titanium (nitinol) and other metals and alloys (shape-memory or otherwise), polymers (shape-memory or otherwise), composite materials, foam materials, graphite, carbon fiber, fiberglass, TPC-ET, silicone, TPU, and polycarbonate. For example, a deformable element might include titanium or be a titanium wire. Also, one or more deformable elements might be made of a first material, e.g., titanium, and one or more additional deformable elements might be made of a second material, e.g., graphite.”, [0047], “As described in other portions of this disclosure, the collar elevators 350 and 450 provide a return force when moving the ankle collars 336 and 436 from the lowered state to the raised state.”, [0056], therefore, wherein 450 is made of a different material than the sole structure).
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 material of the bar-like flexible component and the sole structure, as being different, as taught by Hopkins in order to provide a sole structure that “attenuates ground reaction forces”, [0031], and a bar-like flexible component that can “provide a return force when moving the ankle collars 336 and 436 from the lowered state to the raised state”, [0056].
Regarding claim 23, the combined references teach, wherein the compressible material layer is to compress, in cooperation with the flexible component, under the downward load during donning of the, and to automatically return back to a fully or partially uncompressed state when the shoe is donned (Beers, wherein the 435A is to compress, in cooperation with 410, under the downward load during donning of the, and to automatically return back to a fully or partially uncompressed state when 412 is donned, [0170], [0174], [0175], [0186], figures 1-6 and 11-14).
Regarding claim 24, the combined references teach, wherein the compressible material layer extends at least from the heel region along a portion of longitudinal sides of the shoe opening (wherein 435A extends at least from the heel region along a portion of longitudinal sides of the shoe opening, [0186], figure 14).
Regarding claim 28, the combined references teach, wherein the sole structure comprises a midsole layer and an outsole layer wherein the midsole and outsole layers are integrally formed (“As shown in FIGS. 5 and 6, the article of footwear 12 includes a sole structure 32 and an upper 38 secured to the sole structure 32. The sole structure 32 includes one or more sole components that may be sole layers 34, such as an outsole, a midsole, or a unitary combination of an outsole and a midsole that may be referred to as a unisole. In FIGS. 5 and 6, the sole layer 34 may be a midsole or a unisole.”, [0171], therefore, wherein 434 comprises a midsole layer and an outsole layer wherein the midsole and outsole layers are integrally formed, see figures 11-14 which shows 343 with a midsole and outsole layers).
Claims 7-8, 19 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Beers et al. (2018/0110292)[Beers] in view of Hopkins (2020/0196703) in view of in view of Powers (3,768,182) in view of Fracassi (2018/0103727).
Regarding claim 7, the combined references teach, the compressible material layer (Beers, 435A, [0186], figure14).
The combined references fail to teach, wherein the compressible material layer tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region.
Fracassi, footwear with a heel counter, Abstract, teaches, wherein the compressible material layer tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region (“the heel memory foam layer is somewhat dome-shaped having a maximum thickness through a center region and tapering gradually thinner toward its peripheral edge.”, [0006], “The memory foam layer 36 of the heel counter assembly 38 is adapted to provide enhanced comfort for the rear and side portions of the wearer's heel.”, [0030], “The thickness of the memory foam layer 36 transitions or tapers to a reduced thickness at its periphery, terminating at a thickness less than the maximum thickness”, [0031], “As noted above, the memory foam layer 36 is situated internally of the heel counter 34 closest to the wearer's heel to form the heel counter assembly 38. The periphery of the memory foam layer 36 can be shaped according to the intended embodiment. In one embodiment, the heel memory foam layer is somewhat dome-shaped having maximum thickness through a center region and tapering gradually thinner toward its peripheral edge.”, [0032], therefore, wherein 36 tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region, figures 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide compressible material layer of Beers to taper in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region as taught by Fracassi in order to provide “enhanced comfort for the rear and side portions”, [0030], while providing the most comfort at the center, and providing less bulk at the sides.
Regarding claim 8, the combined references teach, wherein the compressible material layer comprises a foam material affixed between two layers of textile material (Beers, “The heel spring device 410 is secured to a sole layer 434 and to an upper 438 that has a flexible covering 442 with an elastically stretchable material in the heel region for receiving and covering a foot supported on the sole layer 434. For example, the flexible covering 442 may be an elastically stretchable fabric, such as a 4-way stretch nylon fabric”, [0186], therefore, wherein 435A comprises a foam material affixed between 442, figure 14).
Regarding claim 19, the combined references teach, the compressible material layer (Beers, 435A, [0186], figure14).
The combined references fail to teach, wherein the compressible material layer tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region.
Fracassi, footwear with a heel counter, Abstract, teaches, wherein the compressible material layer tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region (“the heel memory foam layer is somewhat dome-shaped having a maximum thickness through a center region and tapering gradually thinner toward its peripheral edge.”, [0006], “The memory foam layer 36 of the heel counter assembly 38 is adapted to provide enhanced comfort for the rear and side portions of the wearer's heel.”, [0030], “The thickness of the memory foam layer 36 transitions or tapers to a reduced thickness at its periphery, terminating at a thickness less than the maximum thickness”, [0031], “As noted above, the memory foam layer 36 is situated internally of the heel counter 34 closest to the wearer's heel to form the heel counter assembly 38. The periphery of the memory foam layer 36 can be shaped according to the intended embodiment. In one embodiment, the heel memory foam layer is somewhat dome-shaped having maximum thickness through a center region and tapering gradually thinner toward its peripheral edge.”, [0032], therefore, wherein 36 tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region, figures 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide compressible material layer of Beers to taper in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region as taught by Fracassi in order to provide “enhanced comfort for the rear and side portions”, [0030], while providing the most comfort at the center, and providing less bulk at the sides.
Regarding claim 25, the combined references teach, the compressible material layer (Beers, 435A, [0186], figure14).
The combined references fail to teach, wherein the compressible material layer tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region.
Fracassi, footwear with a heel counter, Abstract, teaches, wherein the compressible material layer tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region (“the heel memory foam layer is somewhat dome-shaped having a maximum thickness through a center region and tapering gradually thinner toward its peripheral edge.”, [0006], “The memory foam layer 36 of the heel counter assembly 38 is adapted to provide enhanced comfort for the rear and side portions of the wearer's heel.”, [0030], “The thickness of the memory foam layer 36 transitions or tapers to a reduced thickness at its periphery, terminating at a thickness less than the maximum thickness”, [0031], “As noted above, the memory foam layer 36 is situated internally of the heel counter 34 closest to the wearer's heel to form the heel counter assembly 38. The periphery of the memory foam layer 36 can be shaped according to the intended embodiment. In one embodiment, the heel memory foam layer is somewhat dome-shaped having maximum thickness through a center region and tapering gradually thinner toward its peripheral edge.”, [0032], therefore, wherein 36 tapers in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region, figures 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide compressible material layer of Beers to taper in thickness along the portion of the longitudinal sides of the shoe opening, extending from the heel region as taught by Fracassi in order to provide “enhanced comfort for the rear and side portions”, [0030], while providing the most comfort at the center, and providing less bulk at the sides.
Regarding claim 26, the combined references teach, wherein the compressible material layer comprises a foam material affixed between two layers of textile material (Beers, “The heel spring device 410 is secured to a sole layer 434 and to an upper 438 that has a flexible covering 442 with an elastically stretchable material in the heel region for receiving and covering a foot supported on the sole layer 434. For example, the flexible covering 442 may be an elastically stretchable fabric, such as a 4-way stretch nylon fabric”, [0186], therefore, wherein 435A comprises a foam material affixed between 442, figure 14).
Claims 9 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Beers et al. (2018/0110292)[Beers] in view of Hopkins (2020/0196703) in view of in view of Powers (3,768,182) in view of Fracassi (2018/0103727). in view of Auger (2010/0319218).
Regarding claim 9, the combined references teach, the foam material (Beers, 435A, [0186], figure14).
The combined references fail to teach, wherein the foam material comprises EVA.
Auger, footwear with a heel counter, Abstract, teaches, wherein the foam material comprises EVA (“heel bucket insert 160, may be made from any suitable material including, but not limited to, bucket foam, a thermoformed ethylene vinyl acetate (EVA) foam, or a poured polyurethane foam.”, [0051], therefore, wherein 160 is comprises EVA, figures 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the foam layer of Beers as being comprised of EVA as taught by Auger in order to provide a foam layer that is light weight, flexible and waterproof, which are properties of thermoformed ethylene vinyl acetate (EVA) foam.
Regarding claim 27, the combined references teach, the foam material (Beers, 435A, [0186], figure14).
The combined references fail to teach, wherein the foam material comprises EVA.
Auger, footwear with a heel counter, Abstract, teaches, wherein the foam material comprises EVA (“heel bucket insert 160, may be made from any suitable material including, but not limited to, bucket foam, a thermoformed ethylene vinyl acetate (EVA) foam, or a poured polyurethane foam.”, [0051], therefore, wherein 160 is comprises EVA, figures 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the foam layer of Beers as being comprised of EVA as taught by Auger in order to provide a foam layer that is light weight, flexible and waterproof, which are properties of thermoformed ethylene vinyl acetate (EVA) foam.
Claims 12-13 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Beers et al. (2018/0110292)[Beers] in view of Hopkins (2020/0196703) in view of in view of Powers (3,768,182) in view of Sacre (4,599,810).
Regarding claim 12, the combined references teach, the upper (Beers, 438, figures 1-6 and 11-14).
While Beers discloses in [0164], “FIG. 1 shows a device 10 for easing foot entry into an article of footwear 12 shown in FIGS. 5 and 6. The footwear herein is depicted as leisure shoes and athletic shoes, but the present teachings also include an article of footwear that is a dress shoe, a work shoe, a sandal, a slipper, a boot, or any other category of footwear”, the combined references fail to teach, 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.
Sacre, a footwear article, figure 4, teaches, 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 (“The shoe also has a tongue portion 24 secured at the sides to the shoe and provided with fold portions 24a which allow for expansion and contraction of the shoe upper for insertion and removal of the foot and for lacing the shoe on the foot.”, Col. 2 ln. 56-60, therefore, further comprising: 24 having a front lower portion attached directly to the upper, and 24a attached to the upper and configured to maintain positioning of 24 when the user dons the shoe, figure 4).
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 shoe of Beers, a tongue having a front lower portion attached directly to the upper, and elastic fabric pieces attached to the upper as taught by Sacre in order to provide medial and lateral elastic straps that “allow for expansion and contraction of the shoe upper for insertion and removal of the foot and for lacing the shoe on the foot”, Col. 2 ln. 56-60, while also help assist in centering the tongue for comfort for the user.
Regarding claim 13, the combined references teach, wherein lateral edges of the tongue are directly attached to an interior portion of the upper (Sacre, “The shoe also has a tongue portion 24 secured at the sides to the shoe”, Col. 4 ln. 56-57, therefore, wherein lateral edges of 24 are directly attached to an interior portion of the upper).
Regarding claim 29, the combined references teach, the upper (Beers, 438, figures 1-6 and 11-14).
While Beers discloses in [0164], “FIG. 1 shows a device 10 for easing foot entry into an article of footwear 12 shown in FIGS. 5 and 6. The footwear herein is depicted as leisure shoes and athletic shoes, but the present teachings also include an article of footwear that is a dress shoe, a work shoe, a sandal, a slipper, a boot, or any other category of footwear”, the combined references fail to teach, 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.
Sacre, a footwear article, figure 4, teaches, 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 (“The shoe also has a tongue portion 24 secured at the sides to the shoe and provided with fold portions 24a which allow for expansion and contraction of the shoe upper for insertion and removal of the foot and for lacing the shoe on the foot.”, Col. 2 ln. 56-60, therefore, further comprising: 24 having a front lower portion attached directly to the upper, and 24a attached to the upper and configured to maintain positioning of 24 when the user dons the shoe, figure 4).
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 shoe of Beers, a tongue having a front lower portion attached directly to the upper, and elastic fabric pieces attached to the upper as taught by Sacre in order to provide medial and lateral elastic straps that “allow for expansion and contraction of the shoe upper for insertion and removal of the foot and for lacing the shoe on the foot”, Col. 2 ln. 56-60, while also help assist in centering the tongue for comfort for the user.
Regarding claim 30, the combined references teach, wherein lateral edges of the tongue are directly attached to an interior portion of the upper (Sacre, “The shoe also has a tongue portion 24 secured at the sides to the shoe”, Col. 4 ln. 56-57, therefore, wherein lateral edges of 24 are directly attached to an interior portion of the upper).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2016/0095383 by Surace discloses a heel cup a heel cup attached to the upper, the heel cup having a foam component on 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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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732