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 .
Response to Amendment
The amendment filed on 06/04/2026 has been entered. Claims 1, 3-8, 10-15 and 17-21 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 06/04/2026.
Claim Objections
Claim 15 is objected to because of the following informalities:
In claim 15, line 4, "the knitted component, comprising" appears to read "the knitted component comprising".
Appropriate correction is required.
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 and 10-14 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), 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) 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) and attached together (by at least one attachment member; para. 0017), 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);
wherein the first knitted portion and the second knitted portion remain partially unsecured from each other to thereby define an interstitial space located between the first knitted portion and the second knitted portion (binding yarns are present in selected regions of outer knit layer 60 and inner knit layer 80; e.g., in regions 62c and 82c; therefore, the outer knit layer 60 and inner knit layer 80 remain partially unsecured at other regions without binding yarns and define an interstitial space therebetween; figs. 2, 4; paras. 0017, 0019-0020, 0022-0023).
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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 one of the first knitted portion and the second knitted portion is 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) and attached together (by at least one attachment member; para. 0017), 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);
wherein the first knitted portion and the second knitted portion remain partially unsecured from each other to thereby define an interstitial space located between the first knitted portion and the second knitted portion (binding yarns are present in selected regions of outer knit layer 60 and inner knit layer 80; e.g., in regions 62c and 82c; therefore, the outer knit layer 60 and inner knit layer 80 remain partially unsecured at other regions without binding yarns and define an interstitial space therebetween; figs. 2, 4; paras. 0017, 0019-0020, 0022-0023).
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).
Claims 15, 17-19 and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huffa (US 2012/0233882 A1).
Regarding claim 15, Huffa discloses an article of footwear (shoe 100; figs. 1-3; para. 0033; claim 25), comprising:
an upper (upper 120; figs. 1-3; para. 0033) comprising a knitted component (knitted component 130; figs. 1-3; para. 0037), and a sole structure (sole structure 110; figs. 1-3; para. 0033) secured to the upper (figs. 1-3; para. 0035);
the knitted component, comprising:
a first knitted portion (a first knitted layer 140 around ankle opening 121; figs. 1-3, 4C, 7E; para. 0053);
a second knitted portion (a second knitted layer 140 around ankle opening 121; figs. 1-3, 4C, 7E; para. 0053);
a knitted connection structure (around ankle opening 121; fig. 7E; para. 0053) integrally connecting the first knitted portion and the second knitted portion (fig. 7E; para. 0053), wherein the first knitted portion and the second knitted portion are folded about the knitted connection structure and attached together (figs. 1-3, 4C, 7E; para. 0053), such that the first knitted portion forms an inner layer of the upper (figs. 1-3, 4C, 7E; para. 0053) and the second knitted portion forms an outer layer of the upper (figs. 1-3, 4C, 7E; para. 0053), wherein the knitted connection structure is located at least along a tongue portion of the upper (at least along a portion of tongue 124; see figs. 1-3; paras. 0036, 0043); and
a fused material (para. 0052; fig. 8B; paras. 0051-0052, claim 29),
wherein the upper includes a lateral heel area and a medial heel area that are attached together at a heel seam (a seam between heel edges 134; figs. 5-6; para. 0041).
Regarding claim 17, Huffa discloses the article of footwear of claim 15, and further discloses wherein the knitted component comprises a multi-layer knit structure (knitted layers 140 forming a multi-layer structure; figs. 4C, 7E; para. 0053).
Regarding claim 18, Huffa discloses the article of footwear of claim 15, and further discloses wherein the fused material comprises a thermoplastic polymer material that is part of a yarn of the knitted component that is fused (yarn 139 is formed from a thermoplastic polymer material; fig. 8B; paras. 0051-0052).
Regarding claim 19, Huffa discloses the article of footwear of claim 15, and further discloses wherein the knitted connection structure extends along an ankle collar of the upper (around ankle opening 121; figs. 1-3; para. 0053).
Regarding claim 21, Huffa discloses the article of footwear of claim 15, and further discloses wherein the first knitted portion and the second knitted portion remain partially unsecured from each other to thereby define an interstitial space located between the first knitted portion and the second knitted portion (figs. 4C, 7E; para. 0053).
Status of Claims
Claim 20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111 (b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 20, the first and second knitted portions of Huffa are configured to form a padded portion around an ankle opening for comfort. There is no motivation to modify the first and second knitted portions to include an inlaid tensile strand in a padded area around an ankle opening as the inlaid tensile strand may reduce the comfort.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Applicant's arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Nevertheless, for clarification, in response to Applicant's argument that the amendment to claim 15 is similar to the allowable subject matter of the parent application, it is noted that each application is different and is being examined independently, and allowable subject matter of a parent application is not necessarily also the allowable subject matter in a child application.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
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