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 .
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.
DETAILED ACTION
The present application, filed on June 23, 2026, in which claims 1-20 were presented for examination, are being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species I, Fig. 1-6 in the reply filed on June 23, 2026 is acknowledged.
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.
(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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meir (US PG Pub. 2016/0302527).
Regarding claim 1, Meir discloses a knitted component (130, Fig. 1-4), comprising: a knitted base layer (see annotated Fig. 4 below, examiner notes the first course in Fig. 4 (which corresponds to course 301 in Fig. 3), and loops location in region 411 form the “knitted base layer”); and a net layer (see annotated Fig. 4 below, Par. 0091, examiner notes the “net layer” is a combination of course 401, and the last course shown in Fig. 4, which corresponds to course 303 in Fig. 3) integrally formed with the knitted base layer (as shown in Fig. 3 and 4), the net layer comprising: a plurality of yarn portions (yarn 401, and bottom yarn in Fig. 4/303 in Fig. 3) arranged to form a plurality of polygonal cells on a surface of the knitted base layer (see annotated Fig. 4 below), each polygonal cell comprising a plurality of corners (corners of 421 and 423), wherein, at each corner, a pair of yarn portions of the plurality of yarn (shown as “intersecting pair of the plurality of yarn portions” in annotated Fig. 3) portions extend around each other (as shown in Fig. 3 below), and wherein, at each corner, a tie-down yarn (421 and 423) connects the pair of yarn portions to the knitted base layer (as shown in Fig. 3 and 4).
PNG
media_image1.png
537
879
media_image1.png
Greyscale
Fig. 3 and 4-Examiner Annotated
Regarding claim 2, Meir discloses wherein the knitted base layer has a higher stitch density than the net layer (as shown in annotated Fig. 4 above).
Regarding claim 3, Meir discloses wherein, at each corner, the tie-down yarn (421 and 423) is part of the knitted base layer (examiner notes as shown in Fig. 3 and 4 above).
Regarding claim 4, Meir discloses wherein, at each corner, a gap is present between the tie-down yarn and the pair of yarn portions (see annotated Fig. 3 above).
Regarding claim 5, Meir discloses wherein, at each corner, the pair of yarn portions extend towards each other over the surface of the knitted base layer, then extend around each other over the surface of the knitted base layer, and then extend away from each other over the surface of the knitted base layer (examiner notes as shown in zoomed in portion of Fig. 3, where yarn portions extend over, around, and away from each other, to form the corners).
Regarding claim 6, Meir discloses wherein each polygonal cell is formed by floating segments of the plurality of yarn portions which extend between the plurality of corners (as shown in annotated Fig. 4 above), and wherein the surface of the knitted base layer is exposed between the floating segments (Par. 0091, examiner notes one of ordinary skill in the art would recognize since course 401 is disclosed as being able to float over the loops located in the center region 411, this would cause the base layer to be exposed through the floating segments).
Regarding claim 7, Meir discloses wherein the knitted base layer comprises a single jersey knit structure (Par. 0088 and 0089, examiner notes as shown in Fig. 4).
Regarding claim 8, Meir discloses wherein the knitted base layer comprises one or more layers (examiner notes the “knitted base layer” is shown comprising one layer in annotated Fig. 3 and 4 above).
Regarding claim 9, Meir discloses an upper (104) of an article of footwear comprising the knitted component of claim 1 (as shown in at least Fig. 1 and 2).
Regarding claim 10, Meir discloses a knitted component (130, Fig. 1-4), comprising: a base layer (see annotated Fig. 4 above, examiner notes the first course in Fig. 4 (which corresponds to course 301 in Fig. 3), and loops location in region 411 form the “knitted base layer”) comprising a knitted material (as shown in Fig. 3 and 4); and an open-mesh layer (see annotated Fig. 4 above, Par. 0091, examiner notes the “open-mesh layer”, which is shown as the “net layer” in annotation Fig. 4 above, is a combination of course 401, and the last course shown in Fig. 4, which corresponds to course 303 in Fig. 3) formed on a surface of the base layer (as shown in zoomed in portion of Fig. 3), the open-mesh layer comprising: a plurality of yarn portions (yarn 401, and bottom yarn in Fig. 4/303 in Fig. 3) extending between a plurality of tie-downs (421 and 423, as shown in Fig. 3 and 4), wherein, between the plurality of tie-downs, the plurality of yarn portions are unsecured to the knitted material of the base layer (as shown in Fig. 4), and wherein, at each tie-down, a pair of yarn portions of the plurality of yarn portions converge (shown as “intersecting pair of the plurality of yarn portions” in annotated Fig. 3), and a yarn of the knitted material (loop 321) secures the pair of yarn portions to the surface of the base layer (as shown in Fig. 3 and 4) .
Regarding claim 11, Meir discloses wherein the base layer has a higher stitch density than the open-mesh layer (as shown in annotated Fig. 4 above).
Regarding claim 12, Meir discloses wherein, at each tie-down, a gap is present between the yarn of the knitted material and the pair of yarn portions (see annotated Fig. 3 above).
Regarding claim 13, Meir discloses wherein the open-mesh layer forms a plurality of polygonal cells (see annotated Fig. 4 above), each polygonal cell comprising a quadrilateral with one of the plurality of tie-downs at each corner (as shown in annotated Fig. 4 above).
Regarding claim 14, Meir discloses wherein the base layer is a single layer (as shown in Fig. 3 and 4).
Regarding claim 15, Meir discloses wherein the base layer is multi-layer (as shown in Fig. 5, where the base layer is comprised of elements 501, 503, and 505).
Regarding claim 16, Meir discloses an upper (104) of an article of footwear comprising the knitted component of claim 10 (as shown in at least Fig. 1 and 2).
Regarding claim 17, Meir discloses a knitted component (as shown in Fig. 5), comprising: a base layer comprising a multi-layered knitted material (combination of 501, 503, and 505, Fig. 5); and a net layer (combination of 502, 504, and 506) integrally formed with the base layer (as shown in Fig. 5), wherein the net layer comprises a plurality of yarn portions (portions of 502, 504, and 506) that extend over a surface of the multi-layered knitted material (as shown in Fig. 3) and form a plurality of polygonal cells over the surface of the multi-layered knitted material (as shown in annotated Fig. 5 below), wherein intersecting segments of the plurality of yarn portions that form corners of the plurality of polygonal cells are each connected to the surface (as shown in annotated Fig. 3 below) with a yarn (503) that is part of the multi-layered knitted material (as shown in Fig. 5).
PNG
media_image2.png
844
1167
media_image2.png
Greyscale
Fig. 3 and 5-Examiner Annotated
Regarding claim 18, Meir discloses wherein the base layer has a higher stitch density than the net layer (as shown in annotated Fig. 5 above).
Regarding claim 19, Meir discloses wherein each polygonal cell is a quadrilateral (as shown in annotated Fig. 5 above).
Regarding claim 20, Meir discloses an upper (104) of an article of footwear comprising the knitted component of claim 19 (as shown in at least Fig. 1 and 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent (See PTO-892) to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAKOTA MARIN whose telephone number is (571)272-3529. The examiner can normally be reached Mon.-Fri., 9:00AM-6:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISSA TOMPKINS can be reached at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAKOTA MARIN/Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
Prosecution Insights