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 II (footwear as shown in figures 8-24) in the reply filed on 5/4/2026 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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2023/0127595 (Chang).
Regarding claims 1-10, Chang discloses an article of footwear (10) comprising:
an upper (200); and
a sole structure (e.g. 106 (126,128) attached to the upper, the sole structure comprising:
a cushioning element including an upper cushioning member (126) and a lower cushioning member (128), the lower cushioning member including a forefoot portion disposed in a forefoot region of the sole structure, a heel portion disposed in a heel region of the sole structure, and a midfoot portion disposed in a midfoot region of the sole structure and connecting the forefoot portion and the heel portion (see the figures showing the cushioning member extending through the entire length of the footwear); and
a plate (110) disposed between the upper cushioning member and the lower cushioning member and including a first side (top surface of plate) opposing the upper and a second side (bottom surface of plate) disposed on an opposite side of the plate than the first side, the second side being exposed at the midfoot portion between the forefoot portion and the heel portion.
Regarding claim 2, see the midfoot portion of the lower cushion member (128) which has an area of reduces width at the arch area wherein both the lateral and medial sides curve inward (see figure 3-4 and see figure 7 showing the overall sole structure curving inward and being reduces in width at the arch area as claimed.
Regarding claims 3-6; See recessed areas (164) and gaps (166,168) formed in the lower cushioning member (128) disposed in the midfoot region of the sole structure (e.g. see figure 4). Regarding claim 4; the areas/gaps (164,166,168) expose the second side of the plate Regarding claims 5-6, see figure 4 showing the tongue (172) dividing the aligned first and second recess and providing a tapering as claimed.
Regarding claim 7, see figure 4 showing the recessed surface (164) which is substantially U-shaped.
Regarding claims 8-9, at least see figure 4.
Regarding claim 10, see (120) in figure 11 showing the tapering of the midfoot portion of the lower cushioning member (128) in a direction extending from the ground-engaging surface toward the second side of the plate.
Regarding claims 11-20, Chang discloses an article of footwear (10) comprising:
an upper (200); and
a sole structure (e.g. 106 (126,128) attached to the upper, the sole structure comprising:
a cushioning element including an upper cushioning member (126) and a lower cushioning member (128), the lower cushioning member extending continuously from a forefoot region of the sole structure to a heel region of the sole structure and including a forefoot portion disposed in a forefoot region of the sole structure, a heel portion disposed in a heel region of the sole structure, and a midfoot portion disposed in a midfoot region of the sole structure (see the figures showing the cushioning member extending through the entire length of the footwear); and
a plate (110) disposed between the upper cushioning member and the lower cushioning member, extending from the forefoot region of the sole structure to the heel region of the sole structure, and including a first side (top surface of plate) opposing the upper and a second side (bottom surface of plate) disposed on an opposite side of the plate than the first side, the second side being exposed at a ground-engaging surface of the sole structure between the forefoot portion and the heel portion (the area between the plate (110) and the lower cushioning member (128) is open at least in the midfoot portion; at least see figures 1-4 and 10).
Regarding claim 12, see the midfoot portion of the lower cushion member (128) which has an area of reduces width at the arch area wherein both the lateral and medial sides curve inward (see figure 3-4 and see figure 7 showing the overall sole structure curving inward and being reduces in width at the arch area as claimed.
Regarding claims 13-16; See recessed areas (164) and gaps (166,168) formed in the lower cushioning member (128) disposed in the midfoot region of the sole structure (e.g. see figure 4). Regarding claim 14; the areas/gaps (164,166,168) expose the second side of the plate Regarding claims 15-16, see figure 4 showing the tongue (172) dividing the aligned first and second recess and providing a tapering as claimed.
Regarding claim 17, see figure 4 showing the recessed surface (164) which is substantially U-shaped.
Regarding claims 18-19, at least see figure 4.
Regarding claim 20, see (120) in figure 11 showing the tapering of the midfoot portion of the lower cushioning member (128) in a direction extending from the ground-engaging surface toward the second side of the plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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.
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including:
-“The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.”
--“A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.”
-Moreover, “The prompt development of a clear issue requires that the replies of the applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06” MPEP 714.02. The “disclosure” includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TED KAVANAUGH whose telephone number is (571) 272-4556. The examiner can normally be reached on Monday-Thursday 8AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached on 57-1272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ted Kavanaugh/
Primary Patent Examiner
Art Unit 3732
Tel: (571) 272-4556
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