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 .
Election/Restrictions
Applicant’s election without traverse of Species 4: Fig.4 in the reply filed on May 7, 2026 is acknowledged.
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 (i.e., changing from AIA to pre-AIA ) 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.
1. Claim(s) 1, 3-4, 6, 8-12, 15, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Avar (US 2019/0116935).
Regarding Claim 1, Avar discloses an article of footwear, comprising: an upper (i.e. upper; para.25), comprising: a textile component, comprising: a first textile layer (215), a second textile layer (216), a pocket (i.e. space between 215 & 216) formed between the first textile layer and the second textile layer (as seen in Fig.2C & 3A; para.23), the pocket comprising a tubular structure (315; para.29); a cable (319; para.28) located at least partially within the pocket (as seen in Fig.2C & 3A), and a cable guide (310/800) located at least partially within the pocket, wherein the cable guide comprises at least one curved surface (830), wherein a first portion of the cable extends around the at least one curved surface such that the cable changes direction within the pocket (as seen in Fig.3A & 5A-D), and wherein a second portion (i.e. 319 not inside 310/800) of the cable is external to the cable guide and is located at least partially within the tubular structure (as seen in Fig.3A); and a sole structure (211,212) secured to the upper (as seen in Fig.2A).
Regarding Claim 3, Avar discloses an article of footwear of claim 1, wherein the cable guide comprises a groove (825) comprising the at least one curved surface (830) (as seen in Fig.3A & 5A-D).
Regarding Claim 4, Avar discloses an article of footwear of claim 3, wherein the cable guide includes a deformable clip (820; para.37, i.e. plastic) configured to retain the cable within the groove (para.37-38; Fig.5D).
Regarding Claim 6, Avar discloses an article of footwear of claim 1, wherein the cable guide is a first cable guide (top lateral 310/800), and wherein the textile component comprises a second cable guide (second from top medial 310/800) and a third cable guide (bottom lateral 310/800), wherein the cable extends in a serpentine pattern from the first cable guide to the second cable guide to the third cable guide, and wherein the serpentine pattern of the cable is contained between the first textile layer and the second textile layer of the textile component (as seen in Fig.2C & 3A; para.23).
Regarding Claim 8, Avar discloses an article of footwear of claim 1, further comprising an actuator (10) that is mechanically coupled to an exposed portion (portion of 319 extending from 312 to 10) of the cable, wherein the actuator is configured to move (via 214) the cable relative to the cable guide (para.21, 23-24 & 31).
Regarding Claim 9, Avar discloses an article of footwear of claim 1, wherein an exposed portion (portion of 319 extending from upper into 10) of the cable is exposed at an opening of the pocket located at a perimeter edge of the textile component (as seen in Fig.3A; 319 extends out of the upper pocket perimeter edge and is “exposed” into 10, inasmuch as has been claimed by Applicant).
Regarding Claim 10, Avar discloses an article of footwear, comprising: an upper (i.e. upper; para.25), comprising: a textile component comprising a first textile layer (215) and a second textile layer (216), wherein a pocket (i.e. space between 215 & 216) is located between the first textile layer and the second textile layer (as seen in Fig.2C & 3A; para.23); a cable (319; para.28) located at least partially within the pocket (as seen in Fig.2C & 3A); and a plurality of cable guides (310/800) located at least partially within the pocket, wherein each cable guide includes a curved surface (830), wherein the cable extends around each curved surface of the plurality of cable guides such that the cable changes direction multiple times within the pocket (as seen in Fig.3A & 5A-D), and wherein the plurality of cable guides are arranged around a perimeter (308) of the textile component (as seen in Fig.3A); and a sole structure (211,212) secured to the upper (as seen in Fig.2A).
Regarding Claim 11, Avar discloses an article of footwear of claim 10, wherein the cable extends in a serpentine path adjacent to the perimeter of the textile component (as seen in Fig.3A).
Regarding Claim 12, Avar discloses an article of footwear of claim 10, wherein the cable (319) extends adjacent to the perimeter edge on opposite sides (i.e. medial & lateral sides) of the upper (as seen in Fig.3A).
Regarding Claim 15, Avar discloses an article of footwear, comprising: an upper (i.e. upper; para.25), comprising: a textile component comprising a first textile layer (215) and a second textile layer (216), wherein a pocket (i.e. space between 215 & 216) is located between the first textile layer and the second textile layer (as seen in Fig.2C & 3A; para.23); a cable (319; para.28) located at least partially within the pocket (as seen in Fig.2C & 3A); and a plurality of cable guides (310/800) located at least partially within the pocket, wherein each cable guide includes a curved surface (830), wherein the cable extends around each curved surface of the plurality of cable guides and through the pocket (as seen in Fig.3A & 5A-D), and wherein the cable follows a serpentine path along the plurality of cable guides (as seen in Fig.3A).
Regarding Claim 16, Avar discloses an article of footwear of claim 15, wherein the cable (319) follows the serpentine path extending along one side (i.e. top side) of the upper (as seen in Fig.3A).
Regarding Claim 17, Avar discloses an article of footwear of claim 15, wherein the cable (319) follows the serpentine path along both a medial side of the upper and a lateral side of the upper (as seen in Fig.3A).
Regarding Claim 18, Avar discloses an article of footwear of claim 15, wherein the cable (319) crosses a toe portion of the upper (as seen in Fig.3A).
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries 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.
2. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avar (US 2019/0116935) in view of Dua (US 2010/0154256).
Regarding Claim 2, Avar discloses an article of footwear of claim 1, wherein the first textile layer is knit (para.25). Avar does not disclose wherein the first textile layer is secured to the second textile layer via a knit course extending along an edge of the pocket. However, Dua teaches a shoe upper (10) being formed of a knitted component that comprises a first knit layer (40) and a second knit layer (43), the first knit layer being separable from the second knit layer such that a pocket is located between the first knit layer and the second knit layer (as seen in Fig.5B & 5C); and the first textile layer is secured to the second textile layer via a knit course extending along an edge of the pocket (as seen in Fig.5B & 5C).
Therefore, it would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention to have substituted material of
the second layer of Avar for the knit material of Dua, as a simple substitution of one well
known type of upper material for another, in order to yield the predictable result of
providing a shoe upper with the desired aesthetics and material comfort to a user.
3. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avar (US 2019/0116935) in view of Cotterman (US 2012/0000091).
Regarding Claim 5, Avar discloses the invention substantially as claimed above. Avar does not disclose wherein at least one of the first textile layer, the second textile layer, and the cable guide comprises a thermoplastic material, and wherein the thermoplastic material is at least partially fused to secure the cable guide to the textile component. However, Cotterman teaches a cable guide (300) made of thermoplastic material (para.49; i.e. PET, PVC, and PTFE are thermoplastic materials), securing the cable guide to at least one of the upper layers (para.73).
Therefore, it would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention to have substituted the plastic
material of Avar's cable guide for the thermoplastic material of Cotterman, as a simple
substitution of one well known type of cable guide material for another, in order to yield
the predictable result of a durable cable guide. While Avar, Dua, and Cotterman do not
specifically disclose attaching the thermoplastic cable guide to the knit layers by fusing,
it would have been obvious to one having ordinary skill in the art before the effective
filing date of the claimed invention to have substituted the securing method of modified
Avar for securement via fusing, as a simple substitution of one well known type of
securement method for another in order to yield the predictable result of securing the
cable guide between the knit layers. Further, "When there is a design need or market
pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within
his or her technical grasp. If this leads to the anticipated success, it is likely the product
not of innovation but of ordinary skill and common sense." The claim would have been
obvious because the design incentives or market forces provided a reason to make an
adaptation, and the invention resulted from application of the prior knowledge in a
predictable manner. Using fusing to secure a thermoplastic material to a layer, is a
known method of securement in the footwear art and therefore would have been
obvious to try.
4. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avar (US 2019/0116935) in view of Schneider (US 2018/0110298).
Regarding Claim 7, Avar discloses the invention substantially as claimed above. Avar does not disclose wherein the first cable guide, the second cable guide, and the third cable guide are located on a first side of a throat area of the article of footwear such that the serpentine pattern of the cable remains on the first side of the throat area. However, Schneider teaches a shoe upper having a first cable guide (320a), a second cable guide (320c), and a third cable guide (320e) are located on a first side (i.e. lateral side) of a throat area (306) of the article of footwear such that a serpentine pattern of the cable remains on the first side of the throat area (para.27; as seen in Fig.3A).
Therefore, it would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention to have substituted the lacing configuration of Avar for the lacing configuration of Schneider as a simple substitution of one well known type of lacing configuration for another, in order to yield the predictable result of a lacing configuration that securely fits the upper to a user’s foot.
5. Claim(s) 13-14 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avar (US 2019/0116935) in view of Lovett (US 9,700,101).
Regarding Claim 13, Avar discloses the invention substantially as claimed above. Avar does not disclose wherein the cable extends around a toe area of the upper to interconnect portions of the cable extending across opposite sides of the upper. However, Lovett teaches a shoe upper having a cable (806) extending around a toe area of the upper to interconnect portions (i.e. medial & lateral portions of 806) of the cable extending across opposite sides of the upper (as seen in Fig.8G).
Therefore, it would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention to have substituted the lacing configuration of Avar for the lacing configuration of Lovett as a simple substitution of one well known type of lacing configuration for another, in order to yield the predictable result of a lacing configuration that securely fits the upper to a user’s foot.
Regarding Claim 14, Avar discloses an article of footwear of claim 10, wherein the cable (319) extends from a heel area toward the toe area (as seen in Fig.3A). Avar does not disclose the cable extends from a heel area toward the toe area and back toward the heel area adjacent to the perimeter edge. However, Lovett teaches a shoe upper having a cable (806) extending from a heel area toward the toe area and back toward the heel area adjacent to a perimeter edge (as seen in Fig.8G).
Therefore, it would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention to have substituted the lacing configuration of Avar for the lacing configuration of Lovett as a simple substitution of one well known type of lacing configuration for another, in order to yield the predictable result of a lacing configuration that securely fits the upper to a user’s foot.
Regarding Claim 19, Avar discloses an article of footwear of claim 15, wherein the serpentine path of the cable (319) extends from a heel area toward the toe area (as seen in Fig.3A). wherein the serpentine path of the cable extends from a heel area of the upper toward a toe area and back toward the heel area. However, Lovett teaches a shoe upper having a serpentine path of a cable (806) extending from a heel area toward the toe area and back toward the heel area (as seen in Fig.8G).
Therefore, it would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention to have substituted the lacing configuration of Avar for the lacing configuration of Lovett as a simple substitution of one well known type of lacing configuration for another, in order to yield the predictable result of a lacing configuration that securely fits the upper to a user’s foot.
Regarding Claim 20, Avar discloses the invention substantially as claimed above. Avar does not disclose wherein the cable begins on a first side of the upper, follows the serpentine path, and ends on a second side of the upper opposite to the first side. However, Lovett teaches a shoe upper having a cable (806) beginning on a first side of the upper, following the serpentine path, and ending on a second side of the upper opposite to the first side (as seen in Fig.8G).
Therefore, it would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention to have substituted the lacing configuration of Avar for the lacing configuration of Lovett as a simple substitution of one well known type of lacing configuration for another, in order to yield the predictable result of a lacing configuration that securely fits the upper to a user’s foot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732
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