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 .
Election/Restrictions
Applicant’s election of Species I, Figs. 1-11A in the reply filed on 7/7/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 4 and 15-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/7/26.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spanks (2017/0202310).
Spanks shows A shoe comprising:
a sole (130);
an upper (102) provided on an upper side of the sole; and
a shoelace (132) provided on the upper, wherein
the upper includes a base body (510) configured to cover at
least a part of a foot of a wearer, and an enclosure (108) that
is disposed inside the base body,
the enclosure (108) includes a medial portion (see figure 9) that is
disposed on a medial foot side of an accommodation space configured that the foot of the wearer is accommodated, a lateral portion (see figure 9) that is disposed on a lateral foot side of
the accommodation space, and a lower portion (950) that is disposed on a lower side of the accommodation space, and the enclosure is configured to enclose at least a part of
the foot of the wearer from below,
the enclosure is formed by combining a plurality of linear bodies (at 108 figure 9), and
the shoelace is connected to the medial portion and the lateral portion, respectively, via string passing portions that are provided in the base body (see figures 7-9) as claimed.
In reference to claim 3, see figure 2.
In reference to claim 8, Spanks shows a base outer layer (510), an inner layer (116), and an enclosure (108) arranged between the outer and inner layers (see figure 7-9).
In reference to claims 9 and 10, Spanks shows the inner layer with a tongue (see figures 8 and 9) and medial and lateral portions.
In reference to claims 11-13, the lower portion of the enclosure of Spanks shown in figures 9 and 11 show the lower portion formed by 108 being located in an arch portion but is not located in the rearmost portion of the heel or the toe areas.
Claim Rejections - 35 USC § 103
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spanks in view of Dekovic (2015/0059209).
Spanks shows a shoe substantially as claimed except for completely covering the enclosure elements so that they are not exposed. Dekovic teaches completely covering linear enclosure elements (132) so that they are not exposed (see figure 1). It would have been obvious to completely enclose the enclosure elements as taught by Dekovic in the shoe of Spanks to protect the linear enclosure elements from damage.
Claim(s) 5-7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spanks in view of either Hausmann (2017/0020231) or Dimoff (2016/0206044).
Spanks shows a shoe substantially as claimed except for forming the enclosure linear elements in an interlocking arrangement. Either Hausmann or Dimoff teaches arranging linear elements in an interlocking arrangement. It would have been obvious to arrange the liner elements of the enclosure as interlocking as taught by either Hausmann or Dimoff in the shoe of Spanks to provide a stronger and more stable enclosure.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spanks in view of either Huffman (2020/0170347) or Dimoff (2016/0206044).
Spanks shows a shoe substantially as claimed except for an insole with a sleeve for the linear elements. Either Huffman or Dimoff teaches providing an insole with a tubular sleeve ( 128 or 304/306) for passing the linear elements therethrough. It would have been obvious to provide an insole with a tubular sleeve as taught by either Huffman or Dimoff in the shoe of Spanks to allow the linear elements to be able to move freely and to protect the linear elements.
The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
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Any inquiry concerning the MERITS of this examination from the examiner should be directed to Marie Bays whose telephone number is (571) 272-4559. The examiner can normally be reached from Mon-Thurs 6-4. Alternatively if the Examiner cannot be reached, please contact the Examiners SPE Alissa Tompkins at 571-272-3425.
/MARIE D BAYS/Primary Examiner, Art Unit 3732
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