DETAILED ACTION
This office action is in response to the application filed November 14, 2025 in which claims 1-20 are presented 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 .
Claim Objections
Claim 1 is objected to because of the following informalities: Line 8 recites the limitation “a medial side of the sole structure,” which should be amended to recite “the medial side of the sole structure,” for purposes of proper antecedent basis.
Claim 11 is objected to because of the following informalities: Line 8 recites the limitation “a medial side of the sole structure,” which should be amended to recite “the medial side of the sole structure,” for purposes of proper antecedent basis.
Appropriate correction is required.
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.
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.
Claims 1, 5-11, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 8,650,775 Peyton in view of USPN 4,255,877 Bowerman.
To claim 1, Peyton discloses a sole structure (30) for an article of footwear (10) (see Figures 1-12F; col. 3, line 10 – col. 8, line 37), the sole structure comprising:
a fluid-filled chamber (50) including a first barrier layer joined to a second barrier layer (col. 1, lines 43-61) to define a first segment (56) extending along a medial side of the sole structure, a second segment (55) extending along a lateral side of the sole structure, and an arcuate segment (not numbered) extending between and connecting the first segment and the second segment (see for example Figures 6-7; col. 4, line 49 – col. 5, line 41);
a first cushion (40) disposed between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber (see for example Figures 1-5B; col. 4, line 17 – col. 5, line 54).
Peyton does not disclose a sole structure comprising a heel counter extending from the medial side of the sole structure to the lateral side of the sole structure around a posterior end of the article of footwear, an upper edge of the heel counter crossing an upper edge of the first cushion at a junction.
However, Bowerman teaches a sole structure for an article of footwear (10) (see Figures 1-6; col. 2, line 54 – col. 4, line 15), the sole structure comprising a heel counter (20) extending a medial side of the sole structure to a lateral side of the sole structure around a posterior end of the article of footwear (see Figures 1-6), an upper edge of the heel counter crossing an upper edge of a first cushion (16) at a junction (see especially Figure 1).
Peyton and Bowerman teach analogous inventions in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sole structure of Peyton to include a heel counter as taught by Bowerman because Bowerman teaches that this configuration is known in the art and beneficial for providing good heel stability and comfort while preventing blistering (col. 1, lines 63-66).
To claim 5, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the first cushion tapers in thickness from the junction in a direction toward the posterior end of the sole structure (see Figures 1-5B of Peyton).
To claim 6, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the first cushion is in contact with the first segment of the fluid-filled chamber, the second segment of the fluid-filled chamber, and the arcuate segment of the fluid-filled chamber (see for example Figures 3-5B of Peyton).
To claim 7, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure further comprising a web area (64 of Peyton) extending between and connecting the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber, the first cushion in contact with the web area between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber (see Figure 12A and col. 7, line 66 – col. 8, line 28 of Peyton; first cushion 40 of Peyton would be capable of contacting web area 64 of Peyton at least when compressed under the weight of a wearer; it is respectfully noted that claim 7 does not recite, for example, that the first cushion is in contact with the web area between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber in an at-rest or unloaded condition).
To claim 8, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure further comprising a second cushion (72 of Peyton) disposed between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber (see Figures 4-5B and col. 6, line 63 – col. 7, line 12 of Peyton).
To claim 9, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the second cushion is disposed on an opposite side of the web area than the first cushion (see Figures 4-5B and 12A, col. 6, line 63 – col. 7, line 12, and col. 6, line 63 – col. 7, line 12 of Peyton).
To claim 10, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches an article of footwear incorporating the sole structure of Claim 1 (see Figures 1-12F and col. 3, line 10 – col. 8, line 37 of Peyton; see Figures 1-6 and col. 2, line 54 – col. 4, line 15 of Bowerman).
To claim 11, Peyton discloses a sole structure (30) for an article of footwear (10) (see Figures 1-12F; col. 3, line 10 – col. 8, line 37), the sole structure comprising:
a fluid-filled chamber (50) including a first barrier layer joined to a second barrier layer (col. 1, lines 43-61) to define a first segment (56) extending along a medial side of the sole structure, a second segment (55) extending along a lateral side of the sole structure, and an arcuate segment (not numbered) extending between and connecting the first segment and the second segment (see for example Figures 6-7; col. 4, line 49 – col. 5, line 41);
a first cushion (40) disposed between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber (see for example Figures 1-5B; col. 4, line 17 – col. 5, line 54).
Peyton does not disclose a sole structure comprising a heel counter extending from the medial side of the sole structure to the lateral side of the sole structure around a posterior end of the article of footwear, the heel counter extending over a first portion of the first cushion and spaced apart from a second portion of the first cushion.
However, Bowerman teaches a sole structure for an article of footwear (10) (see Figures 1-6; col. 2, line 54 – col. 4, line 15), the sole structure comprising a heel counter (20) extending from a medial side of the sole structure to a lateral side of the sole structure around a posterior end of the article of footwear (see Figures 1-6), the heel counter extending over a first portion of a first cushion (16) and spaced apart from a second portion of the first cushion (see especially Figure 1)
Peyton and Bowerman teach analogous inventions in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sole structure of Peyton to include a heel counter as taught by Bowerman because Bowerman teaches that this configuration is known in the art and beneficial for providing good heel stability and comfort while preventing blistering (col. 1, lines 63-66).
To claim 14, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the first portion is disposed in a heel region of the article of footwear and the second portion is disposed in a forefoot region of the article of footwear (see especially Figure 1 of Bowerman).
To claim 15, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the heel counter crosses the first cushion at a junction (see especially Figure 1 of Bowerman), the first cushion tapering in thickness from the junction in a direction toward the posterior end of the sole structure (see Figures 1-5B of Peyton).
To claim 16, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the first cushion is in contact with the first segment of the fluid-filled chamber, the second segment of the fluid-filled chamber, and the arcuate segment of the fluid-filled chamber (see for example Figures 3-5B of Peyton).
To claim 17, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure further comprising a web area (64 of Peyton) extending between and connecting the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber, the first cushion in contact with the web area between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber (see Figure 12A and col. 7, line 66 – col. 8, line 28 of Peyton; first cushion 40 of Peyton would be capable of contacting web area 64 of Peyton at least when compressed under the weight of a wearer; it is respectfully noted that claim 17 does not recite, for example, that the first cushion is in contact with the web area between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber in an at-rest or unloaded condition).
To claim 18, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure further comprising a second cushion (72 of Peyton) disposed between the first segment of the fluid-filled chamber and the second segment of the fluid-filled chamber (see Figures 4-5B and col. 6, line 63 – col. 7, line 12 of Peyton).
To claim 19, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the second cushion is disposed on an opposite side of the web area than the first cushion (see Figures 4-5B and 12A, col. 6, line 63 – col. 7, line 12, and col. 6, line 63 – col. 7, line 12 of Peyton).
To claim 20, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches an article of footwear incorporating the sole structure of Claim 11 (see Figures 1-12F and col. 3, line 10 – col. 8, line 37 of Peyton; see Figures 1-6 and col. 2, line 54 – col. 4, line 15 of Bowerman).
Claims 2-4 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Peyton in view of Bowerman and in further view of USPN 7,556,846 Dojan et al.
To claim 2, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) teaches a sole structure as recited in claim 1, above.
The modified invention of Peyton does not expressly teach a sole structure wherein the heel counter comprises a translucent or a transparent material.
However, Dojan teaches a sole structure comprising a heel counter (40) (see for example Figure 19) wherein the heel counter comprises a translucent or a transparent material (col. 22, lines 17-29).
The modified invention of Peyton and Dojan teach analogous inventions in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the heel counter of the modified invention of Peyton to comprise a translucent or a transparent material as taught by Dojan because Dojan teaches that this configuration is known in the art and allows for the sole structure to exhibit different visual properties (col. 22, lines 17-29).
To claim 3, the modified invention of Peyton (i.e., Peyton in view of Bowerman and Dojan, as detailed above) further teaches a sole structure wherein the first cushion is visible at an outer surface of the article of footwear from the junction to a forefoot region of the article of footwear and from the junction to a heel region of the article of footwear (see Figure 1 of Bowerman; col. 22, lines 17-29 of Dojan).
To claim 4, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) teaches a sole structure as recited in claim 1, above.
The modified invention of Peyton does not expressly teach a sole structure wherein the first cushion is visible through the heel counter at a heel region of the article of footwear.
However, Dojan teaches a sole structure comprising a heel counter (40) (see for example Figure 19) wherein the heel counter comprises a translucent or a transparent material (col. 22, lines 17-29) to allow for the first cushion to be visible through the heel counter at a heel region of the article of footwear.
The modified invention of Peyton and Dojan teach analogous inventions in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the heel counter of the modified invention of Peyton to comprise a translucent or a transparent material to allow for the first cushion to be visible through the heel counter at a heel region of the article of footwear as taught by Dojan because Dojan teaches that this configuration is known in the art and allows for the sole structure to exhibit different visual properties (col. 22, lines 17-29).
To claim 12, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) teaches a sole structure as recited in claim 11, above.
The modified invention of Peyton does not expressly teach a sole structure wherein the heel counter comprises a translucent or a transparent material.
However, Dojan teaches a sole structure comprising a heel counter (40) (see for example Figure 19) wherein the heel counter comprises a translucent or a transparent material (col. 22, lines 17-29).
The modified invention of Peyton and Dojan teach analogous inventions in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the heel counter of the modified invention of Peyton to comprise a translucent or a transparent material as taught by Dojan because Dojan teaches that this configuration is known in the art and allows for the sole structure to exhibit different visual properties (col. 22, lines 17-29).
To claim 13, the modified invention of Peyton (i.e., Peyton in view of Bowerman, as detailed above) further teaches a sole structure wherein the first cushion is visible at an outer surface of the article of footwear at the second portion (see Figure 1 of Bowerman).
The modified invention of Peyton does not expressly teach a sole structure wherein the first cushion is visible at an outer surface of the article of footwear at the first portion.
However, Dojan teaches a sole structure comprising a heel counter (40) (see for example Figure 19) wherein the heel counter comprises a translucent or a transparent material (col. 22, lines 17-29) to allow for the first cushion to be visible at an outer surface of the article of footwear at the first portion.
The modified invention of Peyton and Dojan teach analogous inventions in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the heel counter of the modified invention of Peyton to comprise a translucent or a transparent material to allow for the first cushion to be visible at an outer surface of the article of footwear at the first portion as taught by Dojan because Dojan teaches that this configuration is known in the art and allows for the sole structure to exhibit different visual properties (col. 22, lines 17-29).
Conclusion
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/F Griffin Hall/Primary Examiner, Art Unit 3732
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