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 of Species A and Subspecies Ade (Figs. 1-8 and 22-23) without traverse in the reply filed on 10 June 2026 is acknowledged.
Accordingly, claims 1-20 are pending in the application and an action on the merits follows.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s).
Claim 4: “first barrier element” and “second barrier element”
Claim 5: “third barrier element” and “fourth barrier element”
Claim 6: “fifth barrier element” and “sixth barrier element”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1, 4-6, 8, 13-15, and 17 (and claims 2-3, 7, 9-12, 16, and 18-20 at least for depending from a rejected claim) is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent Claims 1 & 7 is/are indefinite as it/they recite(s) “a first columnar fluid-filled chamber extending between a first end proximate to the midsole and a second end proximate to a ground-engaging surface of the sole structure; a second columnar fluid-filled chamber spaced apart from the first columnar fluid-filled chamber and extending between a first end proximate to the midsole and a second end proximate to the ground-engaging surface of the sole structure; and a third columnar fluid-filled chamber disposed between the first columnar fluid-filled chamber and the second columnar fluid-filled chamber and extending between a first end proximate to the midsole and a second end proximate to the ground-engaging surface of the sole structure”. It is unclear if the “a first end proximate to the midsole and a second end proximate to the ground-engaging surface of the sole structure” of the second columnar fluid-filled chamber and of the third columnar fluid-filled chamber is the same “a first end proximate to the midsole and a second end proximate to the ground-engaging surface of the sole structure” previously recited, or a new/different structure. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “a first columnar fluid-filled chamber extending between a first end proximate to the midsole and a second end proximate to a ground-engaging surface of the sole structure; a second columnar fluid-filled chamber spaced apart from the first columnar fluid-filled chamber and extending between [[a]] the first end proximate to the midsole and [[a]] the second end proximate to the ground-engaging surface of the sole structure; and a third columnar fluid-filled chamber disposed between the first columnar fluid-filled chamber and the second columnar fluid-filled chamber and extending between [[a]] the first end proximate to the midsole and [[a]] the second end proximate to the ground-engaging surface of the sole structure”.
Claim(s) 4-6 and 13-15 is/are indefinite as it/they recite(s) “barrier element”. It is unclear if the “barrier element” is the same as the “barrier layer” in the Applicant’s Specification ¶0073-0074. ¶0044 and 0048 recite “barrier element”, but do not point to what structures that would be considered the “barrier element” in the Drawings nor does the Spec provide context to define the “barrier layer” as the “barrier element”. It is unclear if the “barrier element” and the “barrier layer” are different structures. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “barrier element” being the same as the “barrier layer”.
Independent Claim 17 is/are indefinite as it/they recite(s) “a first columnar fluid-filled chamber extending between a first end proximate to the midsole and a second end proximate to a ground-engaging surface of the sole structure; and a second columnar fluid-filled chamber spaced apart and fluidly isolated from the first columnar fluid-filled chamber and extending between a first end proximate to the midsole and a second end proximate to the ground-engaging surface of the sole structure”. It is unclear if the “a first end proximate to the midsole and a second end proximate to the ground-engaging surface of the sole structure” of the second columnar fluid-filled chamber is the same “a first end proximate to the midsole and a second end proximate to the ground-engaging surface of the sole structure” previously recited, or a new/different structure. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “a first columnar fluid-filled chamber extending between a first end proximate to the midsole and a second end proximate to a ground-engaging surface of the sole structure; and a second columnar fluid-filled chamber spaced apart and fluidly isolated from the first columnar fluid-filled chamber and extending between [[a]] the first end proximate to the midsole and [[a]] the second end proximate to the ground-engaging surface of the sole structure”.
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bates US 20130212909.
Regarding Independent Claim 1, Bates discloses a sole structure (Figs. 1-4 #100) for an article of footwear (Figs. 1-4 #10), the sole structure comprising: a midsole (Fig. 1 #110); a first columnar fluid-filled chamber (Bates Annot. Fig. 2-3; ¶0067) extending between a first end proximate to the midsole (Fig. 1; ¶0066, 0072) and a second end proximate to a ground-engaging surface of the sole structure (Figs. 1-4 #30; ¶0066, 0072); a second columnar fluid-filled chamber (Bates Annot. Fig. 2-3; ¶0067) spaced apart from the first columnar fluid-filled chamber (Figs. 2-3) and extending between a first end proximate to the midsole (Fig. 1; ¶0066, 0072) and a second end proximate to the ground-engaging surface of the sole structure (Figs. 1-4; ¶0066, 0072); and a third columnar fluid-filled chamber (Bates Annot. Fig. 2-3; ¶0067) disposed between the first columnar fluid-filled chamber and the second columnar fluid-filled chamber () and extending between a first end proximate to the midsole (Figs. 1-4; ¶0066, 0072) and a second end proximate to the ground-engaging surface of the sole structure (Figs. 1-4; ¶0066, 0072), the third columnar fluid-filled chamber being larger than at least one of the first columnar fluid-filled chamber and the second columnar fluid-filled chamber (Figs. 2-3).
Regarding Claim 2, Bates discloses the sole structure of Claim 1, wherein the second columnar fluid-filled chamber is the same size as the third columnar fluid-filled chamber (Figs. 2-3).
Regarding Claim 3, Bates discloses the sole structure of Claim 1, wherein the first columnar fluid-filled chamber is smaller than the second columnar fluid-filled chamber and the third columnar fluid-filled chamber (Figs. 2-3).
Regarding Claim 4, Bates discloses the sole structure of Claim 1, wherein the second columnar fluid-filled chamber includes a first barrier element (Bates Annot. Fig. 2-3) joined to a second barrier element (Bates Annot. Fig. 2-3) at a periphery of the second columnar fluid-filled chamber (Bates Annot. Fig. 2-3) to define a first void (¶0067 notes “120 is hollow”), the first barrier element attached to the second barrier element proximate to a center of the second columnar fluid-filled chamber (¶0069, 0073).
Regarding Claim 5, Bates discloses the sole structure of Claim 4, wherein the third columnar fluid-filled chamber includes a third barrier element (Bates Annot. Fig. 2-3) joined to a fourth barrier element (Bates Annot. Fig. 2-3) at a periphery of the third columnar fluid-filled chamber (Bates Annot. Fig. 2-3) to define a second void (¶0067), the third barrier element being joined to the fourth barrier element only at the periphery of the third columnar fluid-filled chamber (¶0069, 0073).
Regarding Claim 6, Bates discloses the structure of Claim 5, wherein the first columnar fluid-filled chamber includes a fifth barrier element (Bates Annot. Fig. 2-3) joined to a sixth barrier element (Bates Annot. Fig. 2-3) at a periphery of the first columnar fluid-filled chamber (Bates Annot. Fig. 2-3) to define a third void (¶0067), the fifth barrier element being joined to the sixth barrier element only at the periphery of the first columnar fluid-filled chamber (¶0069, 0073).
Regarding Claim 7, Bates discloses the sole structure of Claim 6, wherein the third void is smaller than at least one of the first void and the second void (Figs. 2-3).
Claim(s) 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aveni US 20100107445.
Regarding Independent Claim 17, Aveni discloses a sole structure (Figs. 1-4 #100) for an article of footwear (Figs. 1-4 & 11 #10), the sole structure comprising: a midsole (Fig. 1 #110); a first columnar fluid-filled chamber (Figs. 1, 3, & 11 #34/86; ¶0034) extending between a first end proximate to the midsole (Fig. 1; ¶0028-0030) and a second end proximate to a ground-engaging surface of the sole structure (Fig. 1; ¶0028-0030); and a second columnar fluid-filled chamber (Figs. 1, 3, & 11 #34/78 bottom-left; ¶0034) spaced apart and fluidly isolated from the first columnar fluid-filled chamber (Figs. 1-4; ¶0034, 0036-0037) and extending between a first end proximate to the midsole (Fig. 1; ¶0028-0030) and a second end proximate to the ground-engaging surface of the sole structure (Fig. 1; ¶0028-0030).
Regarding Claim 18, Aveni discloses the sole structure of Claim 17, wherein the first columnar fluid-filled chamber is larger than the second columnar fluid-filled chamber (Fig. 11).
Regarding Claim 20, Aveni discloses the sole structure of Claim 17, wherein the first columnar fluid-filled chamber is aligned with the second columnar fluid-filled chamber along a lateral side of the sole structure (Figs. 1 & 11).
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) 8-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bates in view of Macey US 20090100709.
Regarding Independent Claim 8, Bates discloses a sole structure (Figs. 1-4 #100) for an article of footwear (Figs. 1-4 #10), the sole structure comprising: a midsole (Fig. 1 #110); a first columnar fluid-filled chamber (Bates Annot. Fig. 2-3; ¶0067) extending between a first end proximate to the midsole (Fig. 1; ¶0066, 0072) and a second end proximate to a ground-engaging surface of the sole structure (Figs. 1-4 #30; ¶0066, 0072); a second columnar fluid-filled chamber (Bates Annot. Fig. 2-3; ¶0067) spaced apart from the first columnar fluid-filled chamber (Figs. 2-3) and extending between a first end proximate to the midsole (Fig. 1; ¶0066, 0072) and a second end proximate to the ground-engaging surface of the sole structure (Figs. 1-4; ¶0066, 0072); and a third columnar fluid-filled chamber (Bates Annot. Fig. 2-3; ¶0067) disposed between the first columnar fluid-filled chamber and the second columnar fluid-filled chamber () and extending between a first end proximate to the midsole (Figs. 1-4; ¶0066, 0072) and a second end proximate to the ground-engaging surface of the sole structure (Figs. 1-4; ¶0066, 0072), at least one of the first columnar fluid-filled chamber, the second columnar fluid-filled chamber, and the third columnar fluid-filled chamber including a centrally located feature (Figs. 2 & 5), however Bates does not expressly disclose the centrally located feature is a depression.
Macey teaches a fluid-filled bladder system (Figs. 1A-2B, 3-5 #32/37/50) wherein first and second fluid-filled chambers (Figs. 3-5 #50) include a centrally located depression (Figs. 3-5 #154).
Both Bates and Macey teach analogous inventions in the art of footwear with fluid-filled bladders. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Bates with the teachings of Macey such that at least one of the first columnar fluid-filled chamber and the second columnar fluid-filled chamber includes a centrally located depression so that the central depression, “limits the degree to which the opposite surfaces [of the bladder] protrude outward,” (Macey ¶0040).
Regarding Claim 9, the modified sole structure of Bates discloses the sole structure of Claim 8, wherein the third columnar fluid-filled chamber is larger than the first columnar fluid-filled chamber (Figs. 2-3).
Regarding Claim 10, Bates discloses the sole structure of Claim 9, wherein the third columnar fluid-filled chamber is the same size as the second columnar fluid-filled chamber (Figs. 2-3).
Regarding Claim 11, Bates discloses the sole structure of Claim 10, wherein the first columnar fluid-filled chamber, the second columnar fluid-filled chamber, and the third columnar fluid-filled chamber are aligned along a lateral side of the sole structure (Figs. 1-4).
Regarding Claim 12, Bates discloses the sole structure of Claim 10, wherein the first columnar fluid-filled chamber, the second columnar fluid-filled chamber, and the third columnar fluid-filled chamber are disposed in a heel region of the sole structure (Figs. 1-4).
Regarding Claim 13, Bates discloses the sole structure of Claim 10, wherein the second columnar fluid-filled chamber includes a first barrier element (Bates Annot. Fig. 2-3) joined to a second barrier element (Bates Annot. Fig. 2-3) at a periphery of the second columnar fluid-filled chamber (Bates Annot. Fig. 2-3) to define a first void (¶0067 notes “120 is hollow”), the first barrier element attached to the second barrier element proximate to a center of the second columnar fluid-filled chamber (¶0069, 0073) to define the centrally located depression (Bates Figs. 2 & 4, Macey Figs. 3-5).
Regarding Claim 14, Bates discloses the sole structure of Claim 13, wherein the third columnar fluid-filled chamber includes a third barrier element (Bates Annot. Fig. 2-3) joined to a fourth barrier element (Bates Annot. Fig. 2-3) at a periphery of the third columnar fluid-filled chamber (Bates Annot. Fig. 2-3) to define a second void (¶0067), the third barrier element being joined to the fourth barrier element only at the periphery of the third columnar fluid-filled chamber (¶0069, 0073).
Regarding Claim 15, Bates discloses the sole structure of Claim 14, wherein the first columnar fluid-filled chamber includes a fifth barrier element (Bates Annot. Fig. 2-3) joined to a sixth barrier element (Bates Annot. Fig. 2-3) at a periphery of the first columnar fluid-filled chamber (Bates Annot. Fig. 2-3) to define a third void (¶0067), the fifth barrier element being joined to the sixth barrier element only at the periphery of the first columnar fluid-filled chamber (¶0069, 0073).
Regarding Claim 16, Bates discloses the sole structure of Claim 15, wherein the third void is smaller than at least one of the first void and the second void (Figs. 2-3).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aveni, as applied to claim 17 above, and further in view of Macey.
Regarding Claim 19, Aveni discloses the sole structure of Claim 17, wherein at least one of the first columnar fluid-filled chamber and the second columnar fluid-filled chamber includes a centrally located point (Fig. 7 #74 bladder location), however Aveni does not expressly disclose the centrally located point is a depression.
Macey teaches a fluid-filled bladder system (Figs. 1A-2B, 3-5 #32/37/50) wherein first and second fluid-filled chambers (Figs. 3-5 #50) include a centrally located depression (Figs. 3-5 #154).
Both Aveni and Macey teach analogous inventions in the art of footwear with fluid-filled bladders. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Aveni with the teachings of Macey such that at least one of the first columnar fluid-filled chamber and the second columnar fluid-filled chamber includes a centrally located depression so that the central depression, “limits the degree to which the opposite surfaces [of the bladder] protrude outward,” (Macey¶0040).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Campos US 201602959268 teaches a sole structure with individual pods
Cook US 20090100705 teaches a sole structure with individual pods
Healy US 6569102 teaches a sole structure with pods
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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