DETAILED ACTION
This is in response to application filed on November 13th, 2025 in which claims 1-54 were presented for examination, amended by preliminary amendment on 6/22/26 to present Claims 1-12, 55-70 for examination.
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 Group I (Claims 1-12) and Species A (Figs. 1A-6) in the reply filed on 6/22/26 is acknowledged.
Priority
Claims 1-12, 55, 57-65, 68-70 are examined with priority date 11/14/24 based on support in provisional 63/720,666. Claims 56, 66, 67 are examined with priority date 11/13/25, as there is no support in either provisional 63/720,666 or 63/814,904.
Information Disclosure Statement
The information disclosure statement(s) filed 5/19/26 (21 pages) and 5/19/26 (41 pages) fail to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because of the following:
Multiple non-patent literature (NPL) documents and foreign reference documents have not been provided in the file wrapper, as indicated by the annotated strikethroughs. Examiner notes that multiple NPL documents were submitted without proper labels to correspond to the documents in the information disclosure statements; for example, some NPLs were missing exhibit labels and/or case # labels, some NPLs were missing the website address or other clear identifying labels to correspond to the information disclosure statements
The statement(s) has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Specification
The abstract of the disclosure is objected to because of the following:
Abstract should be considered to be amended to reflect the elected embodiment of Figs. 1A-6; otherwise, abstract is currently the same as related case 19/388,899
Correction is required. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
[0077] bottom of page 30 sentence beginning with “When compared to portions” is an incomplete sentence and needs review
[00120] “high-tenacity yarns may comprise a PET or recycled PET yarn” needs review as to whether it should read “higher-melting yarns may comprise a PET or recycled PET yarn” in light of at least [0075], [00141] pertaining to PET or recycled PET; examiner notes that specific materials for the high-tenacity yarns have not been disclosed in the original disclosure, other than [0075] yarns having a tenacity greater than or equal to 5 g/D ([0075])
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 56 “elongated” shape is not in the specification; [0064] only recites ellipsoid and tapered
Claim 66 “coefficient of friction of the outer-facing surface of each knitted raised structure is at least 1.2 times higher than a coefficient of friction of the outer-facing surface of the knitted base are” is not the specification (neither in the instant specification or the provisionals); [0040] recites that the first knitted raised structure is 100% core/sheath, [0060] and [0077] indicates that the base and second raised structure is 50% high-tenacity yarn and 50% core/sheath; [0077] indicates that the thermoplastic elastomer concentration of the second raised structure is 40-60% less than the first raised structure; however, there are no numerical disclosures or comparisons of the coefficient of friction as in Claim 66; relatedly, [0028] recites that there is a lower thermoplastic elastomer concentration and/or coefficient of friction; however, concentration and coefficient are not directly proportional, and therefore relationships for concentration cannot be utilized for the coefficients, especially as coefficient of friction depends on material and concentration is weight-related
Similarly, Claim 67 “coefficient of friction of the outer-facing surface of each knitted raised structure is at least 1.5 times higher than a coefficient of friction of the outer-facing surface of the knitted base are” is not the specification
Claim 68 “melted and re-solidified portion of the thermoplastic elastomer…is absent from the knitted base area” is not in the specification
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim(s) 56 is/are rejected under U.S.C. 112(b).
The term “elongated” in Claim 56 is unclear and therefore renders the claim indefinite. Especially in light of the lack of specification antecedent basis, the metes and bounds of the term are not defined. For the purposes of applying art and providing rejections, the term will be considered met inasmuch as there is a taper.
Claim Interpretation
Specific Definitions
The term “high-tenacity” in Claim 59 is specifically defined in [0075] as “yarns having a tenacity greater than or equal to 5 grams/denier”
Product by Process
Regarding Claim(s) 68-- the recitations are being treated as a product-by-process limitation. It is noted that the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art; more specifically, the structure of Claim(s) 68 is wherein each knitted raised structure comprises a thermoformed network of interlooped yarns via a portion of thermoplastic elastomer, wherein the portion is absent from the knitted base area.
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.
FIRST REJECTION: Claim(s) 1-5, 7, 8, 55-57, 63, 69, 70 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Follet et al (US Publication 2017/0071290), herein Follet.
Regarding Claim 1, Follet teaches an article of footwear (see Fig. 17; see Fig. 17; [0094] "upper 520…a sole structure can be attached"), comprising:
an upper comprising at least a first knitted raised structure (of 550) extending a first height above a knitted base area of the upper ([0108] "upper 520 can include...knitted component 1000 as shown in Fig. 17"; see Fig. 15; [0109] "knitted component 1000 can be configured with textured area 550 and smooth area 540", wherein 540, 550 are also related to Fig. 4 based on [0094] "referring now to Figs. 10-12...include components and features that are similar to...Figs. 1-6...indicated with corresponding reference numbers increased by 400"; [0095] "upper 520 can include one or more substantially smooth areas 540 and one or more textured areas 550"; [0096] "textured area 550 can include projection structures 551...similar to the embodiments of Figs. 4-6 and 8"; [0097] "projection structures 551 can be arranged in a gradient"; wherein first structure is of 550, which is knit as part of knit component; see for example Fig. 15 for highest 550 extending first height above 540),
wherein an outer-facing surface of the first knitted raised structure comprise a higher concentration of a thermoplastic elastomer than an outer-facing surface of the knitted base area (see Fig. 17; [0131] "knitting second zone 1024 from yarns that are more elastic than the yarns knitted in the first zone 1022. Also, fusible yarns can be knitted and fused within first zone 1022, whereas second zone 1024 can be devoid of fusible yarns"; wherein Fig. 17 is of knitted component 1000, which is of Fig. 14 upper 520; as such, there are zones 1022, 1024 in upper 520, and therefore zones 1022, 1024 with the raised structure/smooth base area; rejection of Claim 4 below also indicates that there are projections in those zones; to meet recitation-- 550 first structure in zone 1022 would have fusible yarn as opposed to 540 base in zone 1024 which has none; therefore there is a higher concentration of fusible yarn; for fusible yarn being thermoplastic elastomer--[0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)", which is a thermoplastic elastomer, based on applicant specification [0049]); and
a sole structure secured to the upper ([0094] "upper 520…a sole structure can be attached").
Regarding Claim 2, Follet teaches the article of footwear of claim 1, wherein the first knitted raised structure comprises a tapered shape (see Figs. 4, 5, 15 for taper, especially in light of [0067] "projection structures 151 can each include an apex 153").
Regarding Claim 3, Follet teaches the article of footwear of claim 1, wherein the first knitted raised structure is located in a first knit zone of the upper (wherein first knit zone is the first part of 1022 with taller projection).
Regarding Claim 4, Follet teaches the article of footwear of claim 3, wherein the first knit zone is located in a toe area and along at least a portion of a medial side of the upper (see Fig. 17 wherein zone 1022 is at a toe area and at least a medial side; for medial having projections--see Fig. 2; [0041] "footwear 100 can also include a medial side 115"; for toe having projections-- see Fig. 2; [0078] "projection structures 151…arranged in rows…extend across the upper 120 in any direction…along a linear axis or along a curved axis...can be arranged in a plurality of rows 173 that curve from medial side 115, across forefoot region 111 toward lateral side 117"; for toe/medial having the taller projection-- [0081] "projection structures that are more centrally located within textured area 150 can be the tallest").
Regarding Claim 5, Follet teaches the article of footwear of claim 4, further comprising a second knitted raised structure located in a second knit zone of the upper (wherein second zone is second part of 1022 with shorter projection),
the second knitted raised structure extending a second height above the knitted base area (see Figs. 4, 5, 15; [0079] "height 162 of first projection structure 154 can be greater than a height of a second projection structure 156...can be greater than a height 186 of third projection structure 158....greater than a height 188 of fourth projection structure"),
the second height less than the first height (see Figs. 4, 5, 15; [0079]).
Regarding Claim 7, Follet teaches the article of footwear of claim 5, wherein an outer-facing surface of the second knitted raised structure comprises a higher concentration of the thermoplastic elastomer than the outer-facing surface of at least a portion of the knitted base area (the second structure is of the same element/area as the first structure and therefore would similarly have a higher concentration than the base area).
Regarding Claim 8, Follet teaches the article of footwear of claim 5, wherein an outer-facing surface of the second knitted raised structure comprises a lower concentration of the thermoplastic elastomer than the outer-facing surface of the first knitted raised structure (the second structure is of same element/area as the first structure and therefore contains the same thermoplastic elastomer, and would have a lower concentration for being smaller in height).
Regarding Claim 55, Follet teaches an article of footwear (see Fig. 17; [0094] "upper 520…a sole structure can be attached") comprising:
an upper (see Fig. 17; upper 520), comprising:
a knitted base area (540) ([0108] "upper 520 can include...knitted component 1000 as shown in Fig. 17"; see Fig. 15; [0109] "knitted component 1000 can be configured with textured area 550 and smooth area 540", wherein 540, 550 are also related to Fig. 4 based on [0094] "referring now to Figs. 10-12...include components and features that are similar to...Figs. 1-6...indicated with corresponding reference numbers increased by 400"; [0095] "upper 520 can include one or more substantially smooth areas 540 and one or more textured areas 550"; [0096] "textured area 550 can include projection structures 551...similar to the embodiments of Figs. 4-6 and 8"; [0097] "projection structures 551 can be arranged in a gradient");
a plurality of knitted raised structures (550) (for plurality-- see Figs. 4, 5, 15 for highest 550 extending first height above 540; see Figs. 4, 5, 15 for a lower 550 extending second height above 540; wherein structures are knit inasmuch as part of knit component),
each knitted raised structure extending a height from the knitted base area (see Figs. 4, 5, 15),
wherein an outer-facing surface of each knitted raised structure has a higher concentration of a thermoplastic elastomer than an outer-facing surface of the knitted base area (see Fig. 17; [0131] "knitting second zone 1024 from yarns that are more elastic than the yarns knitted in the first zone 1022. Also, fusible yarns can be knitted and fused within first zone 1022, whereas second zone 1024 can be devoid of fusible yarns"; wherein Fig. 17 is of knitted component 1000, which is of Fig. 14 upper 520; as such, there are zones 1022, 1024 in upper 520, and therefore zones 1022, 1024 with the raised structure/smooth base area; rejection of Claim 4 above also indicates that there are projections in those zones; to meet recitation-- plurality of 550 raised structures in zone 1022 would have fusible yarn as opposed to 540 base in zone 1024 which has none; therefore there is a higher concentration of fusible yarn; for fusible yarn is being thermoplastic elastomer --[0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)", which is a thermoplastic elastomer, based on applicant spec [0049]); and
a sole structure secured to the upper ([0094] "upper 520…a sole structure can be attached").
Regarding Claim 56, Follet teaches the article of footwear of Claim 55, wherein each one of the plurality of knitted raised structures has an elongated shape (as best understood in light of the 112(b) rejections—see Fig. 4 and/or rejection of Claim 57).
Regarding Claim 57, Follet teaches the article of footwear of claim 55, wherein each one of the plurality of knitted raised structures has a tapered shape (see Figs. 4, 5, 15 for taper, especially in light of [0067] "projection structures 151 can each include an apex 153").
Regarding Claim 63, Follet teaches the article of footwear of claim 55, wherein the thermoplastic elastomer comprises a thermoplastic polyurethane ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)").
Regarding Claim 69, Follet teaches the article of footwear of claim 55, wherein the sole structure comprises a plurality of ground-engaging cleats ([0046] "sole structure 110 can have one or more projections, such as cleats 104"; Follet teaches the cleats which meets the structural limitations in the claims and performs the functions as recited such as being capable of ground-engaging).
Regarding Claim 70, Follet teaches the article of footwear of claim 1, wherein the sole structure comprises a plurality of ground-engaging cleats ([0046] "sole structure 110 can have one or more projections, such as cleats 104"; Follet teaches the cleats which meets the structural limitations in the claims and performs the functions as recited such as being capable of ground-engaging).
SECOND REJECTION: Claim(s) 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Follet et al (US Publication 2017/0071290), herein Follet.
Regarding Claim 5, Follet teaches all the claimed limitations as discussed above in Claim 4 of the FIRST REJECTION.
Follet further teaches a second knitted raised structure located in a second knit zone of the upper (see Fig. 4 such as for [0069] “structure 172” being a second knitted structure, raised relative to the base 140, depending on the relative perspective);
the second knitted raised structure extending a second height above the knitted base area (see Fig. 4 for 172 extending a second height above the base 140, depending on the relative perspective),
the second height less than the first height (see Fig. 4 wherein the absolute value of the second height of 172 is less than the absolute value of the height of, for example, “[0066] “first projection structure 154”).
THIRD REJECTION: Claim(s) 1, 3, 4, 55, 66, 67 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Danby (US Publication 2023/0087149), herein Danby’ 149.
Regarding Claim 1, Danby ‘149 teaches an article of footwear (see Figs. 1A-1C; [0032] "article of footwear 100 includes a sole structure 104…secured to the upper 102"; [0034] "upper 102 may be formed of at least one knitted component 130"),
an upper comprising at least a first knitted raised structure (of 108) extending a first height above a knitted base area (of 106) of the upper (see Fig. 3A-3C; [0068] "Figs. 3A-3C each depict…external-facing surfaces of…knitted component 130…alternating first areas 108 and second areas 106, with the first areas 108 made of the first yarn and the second areas 106 made of the second yarn. Thermoforming...may be used to reflow and resolidify the coating of the first yarn"; [0068] "raised elements mitigate the higher coefficient of friction (i.e., greater grip) of the first areas 108 due to the first yarn"; as for structure being knitted--[0024] "molding the first surface to create raised portions of the thermoformed network; therefore, raised are knitted and then molded),
wherein an outer-facing surface of the first knitted raised structure comprise a higher concentration of a thermoplastic elastomer than an outer-facing surface of the knitted base area ([0047] "first yarn may have a first core yarn and a first coating comprising a thermoplastic composition…second yarn may include…polyester…does not include the thermoplastic polymeric composition that makes up the first coating"; [0096] "core yarn comprises a second polymeric composition...coating layer comprising the first polymeric composition"; [0124] "polymeric compositions for the coating of the first yarn described herein comprise one or more thermoplastic elastomers"; as such, concentration is higher because exists in first yarn having been thermoformed into the raised structures, while the thermoplastic elastomer does not exist in second yarn of base; see Fig. 3A, 3B, wherein there are raised structures of the first yarn/first area 108 and versus base 106); and
a sole structure secured to the upper ([0032] "article of footwear 100 includes a sole structure 104…secured to the upper 102").
Regarding Claim 3, Danby ‘149 teaches the article of footwear of claim 1, wherein the first knitted raised structure is located in a first knit zone of the upper (the existence indicates a first zone).
Regarding Claim 4, Danby’ 149 teaches the article of footwear of claim 3, wherein the first knit zone is located in a toe area and along at least a portion of a medial side of the upper (see Figs. 1A-1B).
Regarding Claim 55, Danby ‘149 teaches an article of footwear (see Figs. 1A-1C; [0032] "article of footwear 100 includes a sole structure 104…secured to the upper 102"; [0034] "upper 102 may be formed of at least one knitted component 130"),
an upper (102), comprising:
a knitted base area (of 106); a plurality of knitted raised structures (of 108), each knitted raised structure extending a height from the knitted base area (see Fig. 3A-3C for plurality extending from base; [0068] "Figs. 3A-3C each depict…external-facing surfaces of…knitted component 130…alternating first areas 108 and second areas 106, with the first areas 108 made of the first yarn and the second areas 106 made of the second yarn. Thermoforming...may be used to reflow and resolidify the coating of the first yarn"; [0068] "raised elements mitigate the higher coefficient of friction (i.e., greater grip) of the first areas 108 due to the first yarn"; as for structures being knitted--[0024] "molding the first surface to create raised portions of the thermoformed network; therefore, raised are knitted and then molded),
wherein an outer-facing surface of each knitted raised structure comprise a higher concentration of a thermoplastic elastomer than an outer-facing surface of the knitted base area ([0047] "first yarn may have a first core yarn and a first coating comprising a thermoplastic composition…second yarn may include…polyester…does not include the thermoplastic polymeric composition that makes up the first coating"; [0096] "core yarn comprises a second polymeric composition...coating layer comprising the first polymeric composition"; [0124] "polymeric compositions for the coating of the first yarn described herein comprise one or more thermoplastic elastomers"; as such, concentration is higher because exists in first yarn having been thermoformed into the raised structures, while the thermoplastic elastomer does not exist in second yarn of base; see Fig. 3A, 3B, wherein there are raised structures of the first yarn/first area 108 and versus base 106); and
a sole structure secured to the upper ([0032] "article of footwear 100 includes a sole structure 104…secured to the upper 102").
Regarding Claim 66, Danby '149 teaches the article of footwear of claim 55, wherein a coefficient of friction of the outer-facing surface of each knitted raised structure is at least 1.2 times higher than a coefficient of friction of the outer-facing surface of the knitted base area ([0051] "coefficient of friction…for the second areas 106 may be within a range from about 10% to about 75% less than the coefficient of friction…of the first areas 108"; 1.5 times is taught by 66.6%; therefore at least 1.2 times is taught; wherein 10-75% teaches 1.3 to 10 times greater).
Regarding Claim 67, Danby '149 teaches the article of footwear of claim 55, wherein a coefficient of friction of the outer-facing surface of each knitted raised structure is at least 1.5 times higher than a coefficient of friction of the outer-facing surface of the knitted base area ([0051] "coefficient of friction…for the second areas 106 may be within a range from about 10% to about 75% less than the coefficient of friction…of the first areas 108"; 1.5 times is taught by 66.6%; therefore at least 1.5 times is taught; wherein 10-75% teaches 1.3 to 10 times greater).
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) 6, 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Follet et al (US Publication 2017/0071290), herein Follet, as applied to the FIRST REJECTION above.
Regarding Claim 6, Follet teaches all the claimed limitations as discussed above in Claim 5.
Follet at least suggests wherein the second knit zone is located in an arch area on the medial side of the upper (see Fig. 2 for arch area having the textured area 150; [0007] “Fig. 2 is a medial perspective”; for indication that the shorter projection of the second knit zone is located at the arch area—see a second embodiment in [0078] "in other embodiments, rows 173 can extend generally in the vertical direction 107, between the throat 124 and the sole structure 110"; or see a third embodiment in [0078] "also in some embodiments, rows 173 can extend in the longitudinal direction 105 and/or in transverse direction 106").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet according to one of the embodiments above such that the higher height structure/first knit zone is in medial/toe while the lower height structure/second knit zone is in arch based on the degree of desire for areas of the first zone being for distributing forces, enhancing force dampening, channeling fluids predeterminedly, and/or for aesthetic design choice ([0085]), wherein a greater height would be for a greater desire.
Regarding Claim 58, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet Figs. 4, 5, 15 embodiment does not explicitly teach wherein the plurality of knitted raised structures are separated by portions of the knitted base area.
Follet Fig. 8 embodiment teaches wherein the plurality of knitted raised structures are separated by portions of the knitted base area (351, similar to projection structures 151 of Fig. 4. Textured surface 350 can also include transitions 369 that are defined between adjacent pairs of projection structures 351...substantially coextensive with reference boundary 342", wherein reference boundary 342 is smooth/base).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet’s arrangement to be as Fig. 8 depending on the desired feel, such as without proprioception and/or padding and/or cushioning ([0062]).
Claim(s) 11, 59, 65 is/are rejected under 35 U.S.C. 103 as being unpatentable over Follet et al (US Publication 2017/0071290), herein Follet, as applied to the FIRST REJECTION above, in view of Danby et al (USPN 12378707), herein Danby ‘707.
Regarding Claim 11, Follet teaches all the claimed limitations as discussed above in Claim 1.
Follet does not explicitly teach wherein the knitted base area comprises one or more yarns having a tenacity greater than or equal to about 5 grams/denier.
However, Follet does teach that the knitted base area of the upper comprises polyester ([0138] "polymer materials may be utilized for skin layers 1600, 1700 including…polyester").
Danby ‘707 teaches high-tenacity polyester for a knitted upper (Col. 11 Lines 41-43 "material suited for construction of a knitted component for an upper…of an article of footwear…is a high tenacity polyester yarn”, wherein it is known that high tenacity polyester meets the range of having a tenacity greater than or equal to about 5 g/D, see extrinsic evidence Lida NPL).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet’s polyester to be of high-tenacity as taught by Danby ‘707 to provide desired structural strength (Col. 11 Lines 59-60).
Regarding Claim 59, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet further teaches and wherein the plurality of knitted raised structures comprise at least one yarn comprising the thermoplastic elastomer ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)", which is a thermoplastic elastomer, based on applicant specification [0049]).
Follet does not explicitly teach wherein the knitted base area comprises a high-tenacity yarn.
However, Follet does teach that the knitted base area of the upper comprises polyester ([0138] "polymer materials may be utilized for skin layers 1600, 1700 including…polyester").
Danby ‘707 teaches high-tenacity polyester for a knitted upper (Col. 11 Lines 41-43 "material suited for construction of a knitted component for an upper…of an article of footwear…is a high tenacity polyester yarn”, wherein it is known that high tenacity polyester meets the range of having a tenacity greater than or equal to about 5 g/D, see extrinsic evidence Lida NPL).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet’s polyester to be of high-tenacity as taught by Danby ‘707 to provide desired structural strength (Col. 11 Lines 59-60).
Regarding Claim 65, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet at least suggests wherein a coefficient of friction of the outer-facing surface of each knitted raised structure is higher than a coefficient of friction of the outer-facing surface of the knitted base area (Follet teaches TPU raised structures and polyester knitted base, wherein applicant specification indicates that TPU raised structures and high-tenacity polyester knitted base would meet the recitation).
Danby ‘707 a high-tenacity polyester knitted base (Col. 11 Lines 41-43 "material suited for construction of a knitted component for an upper…of an article of footwear…is a high tenacity polyester yarn"; wherein it is known in the art that high tenacity polyester meets the range defined in app spec [0075] (see extrinsic evidence Lida NPL for 6-8 g/D)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet’s polyester to be high-tenacity as taught by Danby ‘707 for desired structural strength (Col. 11 Lines 59-60).
As such, modified Follet teaches wherein a coefficient of friction of the outer-facing surface of each knitted raised structure is higher than a coefficient of friction of the outer-facing surface of the knitted base area (Follet teaches TPU raised structures and modified Follet teaches high-tenacity polyester knitted base).
Claim(s) 12, 60-62, 64, 68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Follet et al (US Publication 2017/0071290), herein Follet, as applied to the FIRST REJECTION above, in view of Danby et al (US Publication 2023/0087149), herein Danby ‘149.
Regarding Claim 12, Follet teaches all the claimed limitations as discussed above in Claim 1.
Follet does not explicitly teach wherein at least a first yarn is embedded within the thermoplastic elastomer on the outer-facing surface of the first knitted raised structure.
However, Follet already teaches the thermoplastic elastomer on the outer-facing surface of the first knitted raised structure ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)"),
especially in the context of being a knit thermoplastic polyurethane in a textured area relative to a knit polyester in a smooth area ([0138] "polymer materials may be utilized for skin layers 1600, 1700 including…polyester").
Danby ‘149 teaches wherein at least a first yarn is embedded within the thermoplastic elastomer on the outer-facing surface of the first knitted raised structure (see Figs. 3A-3C; [0017] “alternating patterns of first areas and second areas having varying degrees of grip”; [0020] “first areas are formed of the first yarn while second areas are formed of the second yarn”; [0047] " the first yarn may have a first core yarn and a first coating comprising a thermoplastic polymeric composition. The thermoplastic polymeric composition may comprise one or more thermoplastic elastomers at least partially surrounding the first core yarn...the second yarn does not include the thermoplastic polymeric composition that makes up the first coating"; [0127] "thermoplastic elastomer may include…thermoplastic elastomeric polyester polyurethane"; [0098] "the core yarn may be composed of cotton, silk, wool, rayon, nylon, elastane, polyester, polyamide, polyurethane, or polyolefin"; see Figs. 2A, 2B; [0065] "first yarn 210 that comprises a thermoplastic polymeric composition...thermoformed from a solid yarn structure into a melted yarn component 212, with a core yarn 214 of the first yarn 210 still remaining in its interloped configuration"; [0065] "melted yarn component 212...at least partially surrounding the core yarn 214 of the first yarn 210...at least partially surrounding a portion of the second yarn 208 at least on the portions of the first course 202 and the second course 204 that interloop with or are proximate to the third course 206 forming a network").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet's thermoplastic elastomer/polyurethane to have a core yarn and therefore be a core yarn with thermoplastic elastomer/polyurethane coating as taught by Danby ‘149 as a known structure for fusible TPU yarns in footwear, especially relative to polyester, such as for proprioception ([0017]), which Follet desires as well ([0062]).
Regarding Claim 60, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet does not explicitly teach wherein the thermoplastic elastomer is fused such that a thermoformed network of interlooped yarns is formed on the outer-facing surface of each knitted raised structure.
However, Follet does teach that the thermoplastic elastomer/polyurethane is on the outer-facing surface of each knitted raised structure ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)").
Danby ‘149 teaches wherein the thermoplastic elastomer is fused such that a thermoformed network of interlooped yarns is formed on the outer-facing surface of each knitted raised structure (see Figs. 2A-3C; [0017] “alternating patterns of first areas and second areas having varying degrees of grip”; [0020] “first areas are formed of the first yarn while second areas are formed of the second yarn”; [0047] " the first yarn may have a first core yarn and a first coating comprising a thermoplastic polymeric composition. The thermoplastic polymeric composition may comprise one or more thermoplastic elastomers at least partially surrounding the first core yarn...the second yarn does not include the thermoplastic polymeric composition that makes up the first coating"; [0127] "thermoplastic elastomer may include…thermoplastic elastomeric polyester polyurethane"; [0098] "the core yarn may be composed of cotton, silk, wool, rayon, nylon, elastane, polyester, polyamide, polyurethane, or polyolefin"; see Figs. 2A, 2B; [0065] "first yarn 210 that comprises a thermoplastic polymeric composition...thermoformed from a solid yarn structure into a melted yarn component 212, with a core yarn 214 of the first yarn 210 still remaining in its interloped configuration"; [0065] "melted yarn component 212...at least partially surrounding the core yarn 214 of the first yarn 210...at least partially surrounding a portion of the second yarn 208 at least on the portions of the first course 202 and the second course 204 that interloop with or are proximate to the third course 206 forming a network").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet's TPU to have a core yarn and therefore be a core yarn with TPU coating fused as taught by Danby ‘149 as a known structure for fusible TPU yarns in footwear, especially relative to polyester (Follet [0138]), such as for proprioception ([0017]), which Follet desires as well ([0062]), and thereby meet the recitation.
Regarding Claim 61, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet does not explicitly teach wherein each knitted raised structure comprises at least one yarn comprising a core and a coating,
and wherein the coating comprises the thermoplastic elastomer.
However, Follet teaches the thermoplastic elastomer (TPU) and is only missing the core within ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)").
Danby ‘149 teaches wherein each knitted raised structure comprises at least one yarn comprising a core and a coating (see Figs. 2A-3C; [0017] “alternating patterns of first areas and second areas having varying degrees of grip”; [0020] “first areas are formed of the first yarn while second areas are formed of the second yarn”; [0047] " the first yarn may have a first core yarn and a first coating comprising a thermoplastic polymeric composition. The thermoplastic polymeric composition may comprise one or more thermoplastic elastomers at least partially surrounding the first core yarn...the second yarn does not include the thermoplastic polymeric composition that makes up the first coating"; [0127] "thermoplastic elastomer may include…thermoplastic elastomeric polyester polyurethane"; [0098] "the core yarn may be composed of cotton, silk, wool, rayon, nylon, elastane, polyester, polyamide, polyurethane, or polyolefin"; see Figs. 2A, 2B; [0065] "first yarn 210 that comprises a thermoplastic polymeric composition...thermoformed from a solid yarn structure into a melted yarn component 212, with a core yarn 214 of the first yarn 210 still remaining in its interloped configuration"; [0065] "melted yarn component 212...at least partially surrounding the core yarn 214 of the first yarn 210...at least partially surrounding a portion of the second yarn 208 at least on the portions of the first course 202 and the second course 204 that interloop with or are proximate to the third course 206 forming a network"),
and wherein the coating comprises the thermoplastic elastomer ([0127]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet's TPU to have a core yarn and therefore be a core yarn with TPU coating as taught by Danby ‘149 as a known structure for fusible TPU yarns in footwear, especially relative to polyester (Follet [0138]), such as for proprioception ([0017]), which Follet desires as well ([0062]).
Regarding Claim 62, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet does not explicitly teach wherein each knitted raised structure comprises at least one yarn comprising a core and a sheath,
and wherein the sheath comprises the thermoplastic elastomer.
However, Follet teaches the thermoplastic elastomer (TPU) and is only missing the core within ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)").
Danby ‘149 teaches wherein each knitted raised structure comprises at least one yarn comprising a core and a sheath (see Figs. 2A-3C; [0017] “alternating patterns of first areas and second areas having varying degrees of grip”; [0020] “first areas are formed of the first yarn while second areas are formed of the second yarn”; [0047] " the first yarn may have a first core yarn and a first coating comprising a thermoplastic polymeric composition. The thermoplastic polymeric composition may comprise one or more thermoplastic elastomers at least partially surrounding the first core yarn...the second yarn does not include the thermoplastic polymeric composition that makes up the first coating"; [0127] "thermoplastic elastomer may include…thermoplastic elastomeric polyester polyurethane"; [0098] "the core yarn may be composed of cotton, silk, wool, rayon, nylon, elastane, polyester, polyamide, polyurethane, or polyolefin"; see Figs. 2A, 2B; [0065] "first yarn 210 that comprises a thermoplastic polymeric composition...thermoformed from a solid yarn structure into a melted yarn component 212, with a core yarn 214 of the first yarn 210 still remaining in its interloped configuration"; [0065] "melted yarn component 212...at least partially surrounding the core yarn 214 of the first yarn 210...at least partially surrounding a portion of the second yarn 208 at least on the portions of the first course 202 and the second course 204 that interloop with or are proximate to the third course 206 forming a network"),
and wherein the sheath comprises the thermoplastic elastomer ([0127]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet's TPU to have a core yarn and therefore be a core yarn with TPU sheath as taught by Danby ‘149 as a known structure for fusible TPU yarns in footwear, especially relative to polyester (Follet [0138]), such as for proprioception ([0017]), which Follet desires as well ([0062]).
Regarding Claim 64, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet does not explicitly teach wherein the thermoplastic elastomer comprises a styrene ethylene/butylene styrene.
However, Follet teaches that the thermoplastic elastomer comprises thermoplastic polyurethane ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)").
Danby ‘149 teaches wherein the thermoplastic elastomer comprises a styrene ethylene/butylene styrene (see Figs. 2A-3C; [0017] “alternating patterns of first areas and second areas having varying degrees of grip”; [0020] “first areas are formed of the first yarn while second areas are formed of the second yarn”; [0047] " the first yarn may have a first core yarn and a first coating comprising a thermoplastic polymeric composition. The thermoplastic polymeric composition may comprise one or more thermoplastic elastomers at least partially surrounding the first core yarn...the second yarn does not include the thermoplastic polymeric composition that makes up the first coating"; [0127] "thermoplastic elastomer may include…styrene ethylene/butylene styrene (SEBS)...thermoplastic elastomeric polyester polyurethane"; [0098] "the core yarn may be composed of cotton, silk, wool, rayon, nylon, elastane, polyester, polyamide, polyurethane, or polyolefin"; see Figs. 2A, 2B; [0065] "first yarn 210 that comprises a thermoplastic polymeric composition...thermoformed from a solid yarn structure into a melted yarn component 212, with a core yarn 214 of the first yarn 210 still remaining in its interloped configuration"; [0065] "melted yarn component 212...at least partially surrounding the core yarn 214 of the first yarn 210...at least partially surrounding a portion of the second yarn 208 at least on the portions of the first course 202 and the second course 204 that interloop with or are proximate to the third course 206 forming a network").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet’s TPU to be SEBS as taught by Danby ‘149 as a simple substitution of one fusible yarn for another, especially as a known structure for fusible yarns in footwear, especially relative to polyester (Follet [0138]), such as for proprioception ([0017]), which Follet desires as well ([0062]).
Regarding Claim 68, Follet teaches all the claimed limitations as discussed above in Claim 55.
Follet does not explicitly teach wherein each knitted raised structure comprises a thermoformed network of interlooped yarns,
the thermoformed network of interlooped yarns including a melted and re-solidified portion of the thermoplastic elastomer,
wherein the melted and re-solidified portion is absent from the knitted base area.
However, Follet at least suggests a melted and re-solidified portion of the thermoplastic elastomer ([0119] "yarn 1006 can be...polymer material that can melt when heated and that can return to a solid state when cooled. As such, yarn 1006 can be a fusible yarn"; [0118] "yarn 1006 can include thermoplastic polyurethane (TPU)"),
wherein the melted and re-solidified portion is absent from the knitted base area (see Figs. 2, 17; [0131] "knitting second zone 1024 from yarns that are more elastic than the yarns knitted in the first zone 1022. Also, fusible yarns can be knitted and fused within first zone 1022, whereas second zone 1024 can be devoid of fusible yarns", wherein knitted base area is within 1024 based at least on Figs. 2, 17).
See claim interpretation; the recitation “melted and re-solidified” is being treated as a product-by-process limitation. Therefore, even if fusible method of Follet results in different structural characteristics of the end product than other fusible methods, it still would have been prima facie obvious at the time the invention was made to use the Follet method above as claimed since such a process is a well-known technique in the art; in other words, the TPU of Follet teaches the portion of thermoplastic elastomer absent from the knitted base area of Claim 68 because it has the structure of Claim 68.
Danby ‘149 teaches wherein each knitted raised structure comprises a thermoformed network of interlooped yarns (see Figs. 2A-3C; [0017] “alternating patterns of first areas and second areas having varying degrees of grip”; [0020] “first areas are formed of the first yarn while second areas are formed of the second yarn”; [0047] " the first yarn may have a first core yarn and a first coating comprising a thermoplastic polymeric composition. The thermoplastic polymeric composition may comprise one or more thermoplastic elastomers at least partially surrounding the first core yarn...the second yarn does not include the thermoplastic polymeric composition that makes up the first coating"; [0127] "thermoplastic elastomer may include…thermoplastic elastomeric polyester polyurethane"; [0098] "the core yarn may be composed of cotton, silk, wool, rayon, nylon, elastane, polyester, polyamide, polyurethane, or polyolefin"; see Figs. 2A, 2B; [0065] "first yarn 210 that comprises a thermoplastic polymeric composition...thermoformed from a solid yarn structure into a melted yarn component 212, with a core yarn 214 of the first yarn 210 still remaining in its interloped configuration"; [0065] "melted yarn component 212...at least partially surrounding the core yarn 214 of the first yarn 210...at least partially surrounding a portion of the second yarn 208 at least on the portions of the first course 202 and the second course 204 that interloop with or are proximate to the third course 206 forming a network"),
the thermoformed network of interlooped yarns including a melted and re-solidified portion of the thermoplastic elastomer (see Figs. 2A-3C; [0017], [0020], [0047], [0127], [0098], [0065]; see claim interpretation; the recitation “melted and re-solidified” is being treated as a product-by-process limitation. Therefore, even if fusible method of Danby ‘149 results in different structural characteristics of the end product than other fusible methods, it still would have been prima facie obvious at the time the invention was made to use the Danby ‘149 method above as claimed since such a process is a well-known technique in the art; in other words, the core and TPU of Danby ‘149 teaches the portion of thermoplastic elastomer absent from the knitted base area of Claim 68 because it has the structure of Claim 68).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet's TPU to have a core yarn and therefore be a core yarn with TPU coating as taught by Danby as a known structure for fusible TPU yarns in footwear, especially relative to polyester, such as for proprioception ([0017]), which Follet desires as well ([0062]), and thereby meet the recitation.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Follet et al (US Publication 2017/0071290), herein Follet, as applied to the SECOND REJECTION above, in view of Durrell et al (US Publication 2023/0013080), herein Durrell.
Regarding Claim 10, Follet teaches all the claimed limitations as discussed above in Claim 5.
Follet does not explicitly teach wherein the second knitted raised structure comprises at least one yarn having a tenacity greater than or equal to about 5 grams/denier.
However, Follet already taught that the second knitted raised structure is on the underside of the base for a soccer shoe (Fig. 4; [0062] “textured area 150…trap a soccer ball”; [0061] “textured areas 150…for which the article of footwear will be used”).
Durrell teaches wherein the second knitted raised structure on the underside of a base for a soccer shoe comprises at least one yarn having a tenacity greater than or equal to about 5 grams/denier for a soccer shoe (for underside of the base—[0029] “margins 116, 118…may be slightly depressed with respective to the base portion 104”; see Fig. 3, 8; [0030] "the yarns forming the raised structure 110"; [0031] "at least one of the yarns incorporated into the margins 116, 118 may be ...'high-tenacity' yarn"; [0032] "high tenacity yarn…about 5 g/D to about 10 g/D. For example…polyethylene terephthalate filament yarn has a tenacity of about 6 g/D…about 7 g/D…high performance synthetic polymer materials generally have…11 g/D or greater….aramid typically have tenacities of about 20 g/D, and filament yarns formed of...UHMWPE...greater than 30 g/D"; [0015] "present disclose relate to...articles of footwear include...football (soccer) shoe").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Follet’s second knitted raised structure to be the tenacity as taught by Durrell as a known arrangement for an underside raised structure in a soccer shoe with textured areas, for aesthetic design purposes, to enhance the raised structures ([0029]), and/or for providing the desired softness, durability and texture characteristics ([0030]), especially as Follet is also relative to polyester ([0138]).
Claim(s) 5, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Danby (US Publication 2023/0087149), herein Danby’ 149, as applied to the THIRD REJECTION above, in view of Durrell et al (US Publication 2023/0013080), herein Durrell.
Regarding Claim 5, Danby '149 teaches all the claimed limitations as discussed above in Claim 4.
Danby ‘149 further teaches a second knitted raised structure located in a second knit zone of the upper (see Figs. 1A-1B, 3A-3C for a second knitted raised structure),
the second knitted raised structure extending a second height above the knitted base area (see Figs. 3A-3C).
Danby’ 149 does not explicitly teach the second height less than the first height.
However, Danby ‘149 does teach that the heights of the raised structures is for soccer shoes ([0069] "ridges may also operate to allow moisture and other small debris to escape from the first surface 105 of the knitted component 130, which allows for a better contact surface…and…better grip and/or ball control in wet and/or dirty conditions"; [0025] "uppers incorporated into...football (soccer) shoe").
Durrell teaches the second height less than the first height of raised structures for soccer shoes ([0023] "raised structures 110 may have different elevations than others….may have length of at least about 5 mm, such as about 10 mm. Desirable lengths…determined by…manufacturing techniques….and/or by the desired physical and/or aesthetic characteristics"; [0015] "present disclose relate to...articles of footwear include...football (soccer) shoe").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Danby’ 149 to have varying heights of raised structures as taught by Durrell based on the desired physical and/or aesthetic characteristics, especially as known in the art (extrinsic evidence Follet et al 2017/0071290), and being in the same art of endeavor as raised structures for soccer shoes.
Regarding Claim 9, modified Danby '149 teaches all the claimed limitations as discussed above in Claim 5.
Danby ‘149 further teaches wherein the outer-facing surface of the first knitted raised structure comprises a greater coefficient of friction than an outer-facing surface of the second knitted raised structure (second raised structure being of the second area; see Fig. 3A-3C; [0051] "having areas that counterbalance the coefficient of friction from the first areas 108 may help to provide the optimal level of overall grip and ball control. As such, the second areas 106 that do not include the first yarn have a lower coefficient of friction" wherein there are first raised structures in the first area that would have greater coefficient of friction than second raised structures in the second area).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Dekovic et al (US Publication 2020/0315284) directed to recyclable polyester; Halligan et al (US Publication 2021/0274887) directed to high-tenacity yarn and fusible yarn; McFarland II et al (US Publication 2020/0048800) directed to a first raised structure having a higher concentration of TPE than knitted base area; Oordt et al (USPN 11168417), Poulsen et al (USPN 11408102) directed to differing yarns; Dua et al (USPN 10094053), Frazier et al (USPN 11564443), Leimer et al (US Publication 2020/0324499), Brew (GB 538865) directed to core/sheath; Matsuzaki et al (WO 2016/194763) directed to differing depths; Blore (USPN 3609999), Zhang et al (USPN 10415162), Montgomery et al (USPN 11877605), Siegismund et al (USPN 12016430), Fraser et al (USPN 11166516), Brinkman et al (USPN 11220766), Mariscal et al (USPN 11224261), Berrian et al (USPN 11214897) directed to ottoman rib stitch; Abrams (US Publication 2015/0140275) directed to basketweave and moss rib stitch.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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