DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are being treated on the merits.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
In claim 6, there is no antecedent basis in the specification for "wherein the first knitted portion and the second knitted portion are inverted about the knitted connection structure";
In claim 13, there is no antecedent basis in the specification for "wherein the first knitted portion and the second knitted portion are inverted about the knitted connection structure";
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6 and 13 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 6 and 13 each recite the limitation "the first knitted portion and the second knitted portion are inverted about the knitted connection structure". However, the original disclosure fails to set forth both the first and second knitted portions are inverted about the knitted connection structure. It is noted that the original specification, in para. 0025, describes "one of the first portion 132 and the second portion 134 may be substantially inverted with respect to the other". Therefore, the limitation constitutes new matter.
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 9 and 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "and a fused area", which renders the claim indefinite. The claim previously recites "the upper comprising" and "a knitted component, comprising". It is unclear which item comprising the fused area due to the same indentation level of a plurality of limitations. For examination purposes, the examiner has been interpreted that the knitted component comprising a fused area.
Claim 2 recites the limitation "the knitted component comprises a single-layer knit structure". Claim 2 depends from claim 1, and claim 1 has set forth the first and second knitted portions being folded such that the first knitted portion forms an inner layer of the upper and the second knitted portion forms an outer layer of the upper, which means the knitted component is a folded structure comprising at least two overlapping layers, and cannot be a single-layer knit structure. Therefore, claim 2 conflicts with the subject matter of claim 1. As no reasonable interpretation can be made, no prior art rejection has been attempted for claim 2 in this office action.
Claim 9 recites the limitation "the knitted component comprises a single-layer knit structure". Claim 9 depends from claim 8, and claim 8 has set forth the first and second knitted portions being folded such that the first knitted portion forms an inner layer of the upper and the second knitted portion forms an outer layer of the upper, which means the knitted component is a folded structure comprising at least two overlapping layers, and cannot be a single-layer knit structure. Therefore, claim 9 conflicts with the subject matter of claim 9. As no reasonable interpretation can be made, no prior art rejection has been attempted for claim 9 in this office action.
Claim 15 recites the limitation "and a fused area", which renders the claim indefinite. The claim previously recites "the upper comprising" and "a knitted component, comprising". It is unclear which item comprising the fused area due to the same indentation level of a plurality of limitations. For examination purposes, the examiner has been interpreted that the knitted component comprising a fused area.
Claim 16 recites the limitation "the knitted component comprises a single-layer knit structure". Claim 16 depends from claim 15, and claim 15 has set forth the first and second knitted portions being folded such that the first knitted portion forms an inner layer of the upper and the second knitted portion forms an outer layer of the upper, which means the knitted component is a folded structure comprising at least two overlapping layers, and cannot be a single-layer knit structure. Therefore, claim 16 conflicts with the subject matter of claim 15. As no reasonable interpretation can be made, no prior art rejection has been attempted for claim 15 in this office action.
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 3-8, 10, 12-15, 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4, 6-9, 11, 13-16 and 18 of U.S. Patent US 12,426,663 B2 in view of Huffa (US 2012/0233882 A1).
Below is a table illustrating a claim to claim analysis of the double patenting rejections.
Instant Application
U.S. Patent 12,426,663 B2
1. An upper for an article of footwear, the upper comprising:
[A] a knitted component, comprising:
[B] a first knitted portion;
[C] a second knitted portion;
[D] a knitted connection structure that integrally connects the first knitted portion and the second knitted portion, wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure, such that the first knitted portion forms an inner layer of the upper and the second knitted portion forms an outer layer of the upper, wherein the knitted connection structure is located at least along a tongue portion of the upper; and
[E] a fused area.
1. [A] [I] A knitted component forming a heel area and a tongue portion of an upper of an article of footwear,
the knitted component comprising:
[C] [J] [N] a first knitted portion that forms part of an outer surface of the heel area and the tongue portion of the upper, the first knitted portion comprising a double jersey knit structure, and
[H] [O] the first knitted portion including an inlaid bulking yarn;
[B] [L] [N] a second knitted portion that forms part of an inner surface of the heel area and the tongue portion of the upper, the second knitted portion at least partially coextensive with the first knitted portion, wherein the first knitted portion and the second knitted portion are formed as an integral one-piece knitted element,
[D] wherein the first knitted portion and the second knitted portion are connected by a knitted connection structure that is at least partially coextensive with an intersection of the first knitted portion and the second knitted portion, wherein the knitted connection structure is located at the tongue portion of the upper, wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure into a folded state; and
[F] an interstitial space located between the first knitted portion and the second knitted portion
3. The upper of claim 1,
[F] wherein the knitted component comprises a multi-layer knit structure.
2. The knitted component of claim 1,
[G] wherein the first knitted portion includes a first plurality of courses, wherein the second knitted portion includes a second plurality of courses, and wherein the knitted connection structure is located between the first plurality of courses and the second plurality of courses.
4. The upper of claim 1,
[G] wherein the first knitted portion includes a first plurality of courses, wherein the second knitted portion includes a second plurality of courses, and wherein the knitted connection structure is located between the first plurality of courses and the second plurality of courses.
4. The knitted component of claim 1,
[I] [P] wherein one of the first knitted portion and the second knitted portion is inverted with respect to the other of the first knitted portion and the second knitted portion.
5. The upper of claim 1,
[H] wherein the knitted component comprises a bulking yarn that is inlaid and/or floated.
6. The knitted component of claim 1,
wherein the knitted connection structure further extends along an ankle collar of the upper.
6. The upper of claim 1,
[I] wherein the first knitted portion and the second knitted portion are inverted about the knitted connection structure to form a dual-layer configuration of the upper.
7. The knitted component of claim 1,
wherein at least one of the first knitted portion and the second knitted portion includes an inlaid tensile strand that is distinct from the inlaid bulking yarn.
7. The upper of claim 1,
[H] wherein the fused area comprises a thermoplastic polymer material.
8. [A] A knitted component forming a heel area and a tongue portion of an upper of an article of footwear,
the knitted component comprising:
[C] [K] a first knitted portion that forms an outer surface of the heel area and the tongue portion of the upper, the first knitted portion comprising a double jersey knit structure;
[B] [J] a second knitted portion that forms an inner surface of the heel area and the tongue portion of the upper, the second knitted portion at least partially coextensive with the first knitted portion, wherein the first knitted portion and the second knitted portion are formed as an integral one-piece knitted element,
[D] [L] wherein the first knitted portion and the second knitted portion are connected by a knitted connection structure that is at least partially coextensive with an intersection of the first knitted portion and the second knitted portion, wherein the knitted connection structure is located at the tongue portion of the upper, wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure into a folded state; and
[F] [N] an interstitial space located between the first knitted portion and the second knitted portion,
8. [I] A knitted component forming at least part of an upper of an article of footwear,
the knitted component comprising:
[J] a first knitted portion;
[K] a second knitted portion;
[L] a knitted connection structure integrally connecting the first knitted portion and the second knitted portion, wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure, such that the first knitted portion forms an inner layer of the upper and the second knitted portion forms an outer layer of the upper, wherein the knitted connection structure is located at least along a tongue portion of the upper; and
[M] a thermoplastic polymer material.
9. The knitted component of claim 8,
[G] wherein the first knitted portion includes a first plurality of courses, wherein the second knitted portion includes a second plurality of courses, and wherein the knitted connection structure is located between the first plurality of courses and the second plurality of courses.
10. The knitted component of claim 8,
[N] wherein the knitted component comprises a multi-layer knit structure.
11. The knitted component of claim 8,
[I] [P] wherein one of the first knitted portion and the second knitted portion is inverted with respect to the other of the first knitted portion and the second knitted portion.
12. The knitted component of claim 8,
[O] wherein the knitted component comprises a bulking yarn that is inlaid and/or floated.
13. The knitted component of claim 9,
wherein the knitted connection structure extends along an ankle collar of the upper.
13. The knitted component of claim 8,
[P] wherein the first knitted portion and the second knitted portion are inverted about the knitted connection structure.
14. The knitted component of claim 8,
wherein at least one of the first knitted portion and the second knitted portion includes an inlaid tensile strand.
14. The knitted component of claim 8,
[Q] wherein the thermoplastic polymer material is fused and comprises polyurethane, polyamide, polyolefin, nylon, or a combination thereof.
15. An article of footwear with [R] an upper comprising
[A] [S] a knitted component that forms at least a heel area and a tongue portion of the upper,
the knitted component comprising:
[C] [K] [U] a first knitted portion that forms at least part of an outer surface of the heel area and the tongue portion of the upper, the first knitted portion comprising a double jersey knit structure, and
[O] the first knitted portion including an inlaid bulking yarn;
[B] [J] [T] a second knitted portion that forms an inner surface of the heel area and the tongue portion of the upper, the second knitted portion at least partially coextensive with the first knitted portion, wherein the first knitted portion and the second knitted portion are formed as an integral one-piece knitted element,
[D] [L] [V] wherein the first knitted portion and the second knitted portion are connected by a knitted connection structure that is at least partially coextensive with an intersection of the first knitted portion and the second knitted portion, wherein the knitted connection structure is located at least at the tongue portion of the upper, wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure into a folded state; and
[F] [N] [Y] an interstitial space located between the first knitted portion and the second knitted portion
15. An article of footwear, comprising:
[R] an upper, comprising:
[S] a knitted component, comprising:
[T] a first knitted portion;
[U] a second knitted portion;
[V] a knitted connection structure integrally connecting the first knitted portion and the second knitted portion, wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure, such that the first knitted portion forms an inner layer of the upper and the second knitted portion forms an outer layer of the upper, wherein the knitted connection structure is located at least along a tongue portion of the upper; and
[W] a fused material; and
[X] a sole structure secured to the upper.
16. The article of footwear of claim 15,
[I] [P] wherein one of the first knitted portion and the second knitted portion is inverted with respect to the other of the first knitted portion and the second knitted portion.
18. The article of footwear of claim 15,
[AA] wherein the knitted connection structure further extends along an ankle collar of the upper.
17. The article of footwear of claim 15,
[Y] wherein the knitted component comprises a multi-layer knit structure.
18. The article of footwear of claim 15,
[Z] wherein the fused material comprises a thermoplastic polymer material that is part of a yarn of the knitted component that is fused.
19. The article of footwear of claim 15,
[AA] wherein the knitted connection structure extends along an ankle collar of the upper.
As can be seen from the table, although the claims at issue are not identical, they are not patentably distinct from each other because the claims of US 12,426,663 B2 anticipate each and every limitation of claims 1, 3-8, 10, 12-15, 17-19 of the current application, except for the upper or the knitted component comprising a fused area (claim 1), or a thermoplastic polymer material (claim 8), or a fused material and a sole structure secured to the upper (claim 15), wherein the fused area comprises a thermoplastic polymer material (claim 7), wherein the thermoplastic polymer material is fused and comprises polyurethane, polyamide, polyolefin, nylon, or a combination thereof (claim 14), and wherein the fused material comprises a thermoplastic polymer material that is part of a yarn of the knitted component that is fused (claim 18). However, Huffa, in an analogous art, teaches an article of footwear (fig. 1; claim 1) comprising a shoe upper (fig. 1; claim 1), the upper comprising a knitted component (knitted component 130; fig. 1; para. 0037; claim 1), the knitted component comprising a fused area (including fused yarns 138, 139; fig. 8B; para. 0052; claims 2-3), a thermoplastic polymer material (yarn 139 being a thermoplastic polymeric material; fig. 8B; para. 0051; claim 1), a fused material (fused yarns 138, 139; fig. 8B; para. 0052; claims 2-3), and a sole structure (sole structure 110; fig. 1; para. 0033) secured to the upper (fig. 1; paras. 0033-0034), wherein the fused area comprises a thermoplastic polymer material (yarn 139 being a thermoplastic polymeric material; fig. 8B; para. 0051; claim 1), wherein the thermoplastic polymer material is fused (yarn 139 is fused; fig. 8B; para. 0052; claims 2-3) and comprises polyurethane, polyamide, polyolefin, nylon, or a combination thereof (nylon; para. 0047), and wherein the fused material comprises a thermoplastic polymer material that is part of a yarn of the knitted component that is fused (fused yarn 139 is a thermoplastic polymer material that is part of a yarn of the knitted component that is fused; fig. 8B; para. 0052; claims 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 have configured the knitted component as disclosed by Huffa, with the upper or the knitted component comprising a fused area or a thermoplastic polymer material, or a fused material and a sole structure secured to the upper, wherein the fused area comprises a thermoplastic polymer material, wherein the thermoplastic polymer material is fused and comprises polyurethane, polyamide, polyolefin, nylon, or a combination thereof, and wherein the fused material comprises a thermoplastic polymer material that is part of a yarn of the knitted component that is fused as taught by Huffa, in order to provide an article of footwear with fused portions in the upper to provide stiffness in certain areas for desired stretchability as well as preventing warping or permanent stretching of knit element (Huffa; para. 0052).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-8, 10-15 and 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ly (US 2018/0168271 A1).
Regarding claim 1, Ly discloses an upper (knitted component 30 forming an upper; fig. 2; paras. 0011, 0015; claim 1) for an article of footwear (footwear article 10; figs. 1-2; paras. 0010-0011), the upper comprising:
a knitted component (the upper is formed from knitted component 30; figs. 2, 4; paras. 0011, 0015-16, 0020), comprising:
a first knitted portion (knit section 80, 180; figs. 3-4; paras. 0016, 0031);
a second knitted portion (knit section 60, 160; figs. 3-4; paras. 0016, 0031);
a knitted connection structure (a knitted junction of first knit section 160 and second knit section 180 at the ankle portion; see fig. 5 and annotated fig. 4; paras. 0025, 0027, 0031) that integrally connects the first knitted portion and the second knitted portion (first knit section 160 and second knit section 180 formed as a single monolithic fabric by knitting; see fig. 5 and annotated fig. 4; paras. 0025, 0027, 0031), wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure (the second knit section 180 is folded into the first knit section 160 to form a double-layer knitted upper; see fig. 3 and annotated fig. 4; para. 0031), such that the first knitted portion forms an inner layer of the upper (knit section 180 defining inner knit layer 80; figs. 3-4; paras. 0016, 0031) and the second knitted portion forms an outer layer of the upper (knit section 160 defining outer knit layer 60; figs. 3-4; paras. 0016, 0031), wherein the knitted connection structure is located at least along a tongue portion of the upper (see fig. 5 and annotated fig. 6); and
a fused area (an area comprising binding yarns fusing the outer knit layer 60 and the inner knit layer 80 together; paras. 0017, 0031).
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Annotated Fig. 4 from US 2018/0168271 A1
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Annotated Fig. 6 from US 2018/0168271 A1
Regarding claim 3, Ly discloses the upper of claim 1, and further discloses wherein the knitted component comprises a multi-layer knit structure (two layers 60, 80; figs. 3-4; para. 0031).
Regarding claim 4, Ly discloses the upper of claim 1, and further discloses wherein the first knitted portion includes a first plurality of courses (weft knit constructions comprising a plurality of courses, forming a body of second knit section 180; para. 0021), wherein the second knitted portion includes a second plurality of courses (weft knit constructions comprising a plurality of courses, forming a body of first knit section 160; para. 0021), and wherein the knitted connection structure is located between the first plurality of courses and the second plurality of courses (between the body of first knit section 160 and the body of second knit section 180; see fig. 5 and annotated fig. 4).
Regarding claim 5, Ly discloses the upper of claim 1, and further discloses wherein the knitted component comprises a bulking yarn that is inlaid and/or floated (a float yarn of the outer and inner knitted layers or a laid-in thermoplastic polyurethane yarn, providing bulk to the knitted component; figs. 3-4; paras. 0017-0019).
Regarding claim 6, Ly discloses the upper of claim 1, and further discloses wherein the first knitted portion and the second knitted portion are inverted about the knitted connection structure to form a dual-layer configuration of the upper (as a result of the fold of the integrally knitted first and second portions at the knitted connection structure; figs. 4-5; para. 0031).
Regarding claim 7, Ly discloses the upper of claim 1, and further discloses wherein the fused area comprises a thermoplastic polymer material (binding yarns are thermoplastic polyurethane yarns; para. 0017).
Regarding claim 8, Ly discloses a knitted component (knitted component 30; fig. 2; paras. 0011, 0015; claim 1) forming at least part of an upper of an article of footwear (knitted component 30 forming an upper; fig. 2; paras. 0011, 0015; claim 1), the knitted component comprising:
a first knitted portion (knit section 80, 180; figs. 3-4; paras. 0016, 0031);
a second knitted portion (knit section 60, 160; figs. 3-4; paras. 0016, 0031);
a knitted connection structure (a knitted junction of first knit section 160 and second knit section 180 at the ankle portion; see fig. 5 and annotated fig. 4; paras. 0025, 0027, 0031) integrally connecting the first knitted portion and the second knitted portion (first knit section 160 and second knit section 180 formed as a single monolithic fabric by knitting; see fig. 5 and annotated fig. 4; paras. 0025, 0027, 0031), wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure (the second knit section 180 is folded into the first knit section 160 to form a double-layer knitted upper; see fig. 3 and annotated fig. 4; para. 0031; para. 0031), such that the first knitted portion forms an inner layer of the upper (knit section 180 defining inner knit layer 80; figs. 3-4; paras. 0016, 0031) and the second knitted portion forms an outer layer of the upper (knit section 160 defining outer knit layer 60; figs. 3-4; paras. 0016, 0031), wherein the knitted connection structure is located at least along a tongue portion of the upper (see fig. 5 and annotated fig. 6); and
a thermoplastic polymer material (binding yarns of the inner and outer layers, being thermoplastic polyurethane yarns; para. 0017).
Regarding claim 10, Ly discloses the knitted component of claim 8, and further discloses wherein the knitted component comprises a multi-layer knit structure (two layers 60, 80; figs. 3-4; para. 0031).
Regarding claim 11, Ly discloses the knitted component of claim 8, and further discloses wherein the first knitted portion includes a first plurality of courses (weft knit constructions comprising a plurality of courses, forming a body of second knit section 180; para. 0021), wherein the second knitted portion includes a second plurality of courses (weft knit constructions comprising a plurality of courses, forming a body of first knit section 160; para. 0021), and wherein the knitted connection structure is located between the first plurality of courses and the second plurality of courses (between the body of first knit section 160 and the body of second knit section 180; see fig. 5 and annotated fig. 4) and is narrower in width than the first knitted portion and the second knitted portion (see figs. 3, 5; para. 0030).
Regarding claim 12, Ly discloses the knitted component of claim 8, and further discloses wherein the knitted component comprises a bulking yarn that is inlaid and/or floated (a float yarn of the outer and inner knitted layers or a laid-in thermoplastic polyurethane yarn, providing bulk to the knitted component; figs. 3-4; paras. 0017-0019).
Regarding claim 13, Ly discloses the knitted component of claim 8, and further discloses wherein the first knitted portion and the second knitted portion are inverted about the knitted connection structure (as a result of the fold of the integrally knitted first and second portions at the knitted connection structure; figs. 4-5; para. 0031).
Regarding claim 14, Ly discloses the knitted component of claim 8, and further discloses wherein the thermoplastic polymer material is fused and comprises polyurethane, polyamide, polyolefin, nylon, or a combination thereof (thermoplastic polyurethane yarns; para. 0017).
Regarding claim 15, Ly discloses an article of footwear (footwear article 10; figs. 1-2; paras. 0010-0011), comprising:
an upper (knitted component 30 forming an upper; fig. 2; paras. 0011, 0015; claim 1), comprising:
a knitted component (knitted component 30; fig. 2; paras. 0011, 0015; claim 1), comprising:
a first knitted portion (knit section 80, 180; figs. 3-4; paras. 0016, 0031);
a second knitted portion (knit section 60, 160; figs. 3-4; paras. 0016, 0031);
a knitted connection structure integrally connecting the first knitted portion and the second knitted portion (a knitted junction of first knit section 160 and second knit section 180 at the ankle portion; see fig. 5 and annotated fig. 4; paras. 0025, 0027, 0031), wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure (the second knit section 180 is folded into the first knit section 160 to form a double-layer knitted upper; see fig. 3 and annotated fig. 4; para. 0031), such that the first knitted portion forms an inner layer of the upper (knit section 180 defining inner knit layer 80; figs. 3-4; paras. 0016, 0031) and the second knitted portion forms an outer layer of the upper (knit section 160 defining outer knit layer 60; figs. 3-4; paras. 0016, 0031), wherein the knitted connection structure is located at least along a tongue portion of the upper (see fig. 5 and annotated fig. 6); and
a fused material (an area comprising binding yarns fusing the outer knit layer 60 and the inner knit layer 80 together; paras. 0017, 0031); and
a sole structure (sole component 20; figs. 1-2; para. 0011) secured to the upper (figs. 1-2; para. 0012).
Regarding claim 17, Ly discloses the article of footwear of claim 15, and further discloses wherein the knitted component comprises a multi-layer knit structure (two layers 60, 80; figs. 3-4; para. 0031).
Regarding claim 18, Ly discloses the article of footwear of claim 15, and further discloses wherein the fused material comprises a thermoplastic polymer material (para. 0017) that is part of a yarn of the knitted component that is fused (binding yarns; para. 0017).
Regarding claim 19, Ly discloses the article of footwear of claim 15, and further discloses wherein the knitted connection structure extends along an ankle collar of the upper (see fig. 5 and annotated fig. 4; paras. 0025, 0027, 0031).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ly (US 2018/0168271 A1) in view of Tamm (US 2014/0310983 A1).
Regarding claim 20, Ly discloses the article of footwear of claim 15. Ly does not disclose wherein at least one of the first knitted portion and the second knitted portion includes an inlaid tensile strand. However, Tamm, in an analogous art, teaches an article of footwear (a shoe; para. 0017; claim 20) comprising an upper (an upper 51; figs. 11-12; paras. 0232, 0235), the upper comprising a knitted component (upper 51 formed by an outer layer 91 of a first knitwear and an inner layer 101 of a second knitwear; figs. 9-11; paras. 0213, 0217, 0224-0225, 0232), the knitted component comprising a first knitted portion forming an inner layer of the upper (inner layer 101; figs. 10-11; para. 0224) and a second knitted portion forming an outer layer of the upper (outer layer 91; figs. 9, 11; para. 0213), wherein at least one of the first knitted portion and the second knitted portion includes an inlaid tensile strand (the first knitwear and/or the second knitwear comprise(s) a non-stretchable yarn; e.g., made from nylon, laid in a tunnel along the knitwear in order to limit stretching to the length of the non-stretchable yarn; paras. 0115, 0134).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the article of footwear as disclosed by Ly, with wherein at least one of the first knitted portion and the second knitted portion includes an inlaid tensile strand as taught by Tamm, in order to use the inlaid tensile strand to reduce stretching of the upper in certain areas thereby providing tailored support to a wearer's foot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Huffa (US 2012/0233882 A1), Kosui (US 2015/0107307 A1), and Meir (US 2014/0245545 A1) each teach a knitted component for a shoe upper comprising an outer layer and an inner layer, and a knitted connection structure connecting the outer layer and the inner layer.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732