Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
correction of the statutory basis for the rejection will not be considered a new ground of
rejection if the prior art relied upon, and the rationale supporting the rejection, would be
the same under either status.
DETAILED ACTION
The present application, filed on June 8, 2026, in which claims 1-28 were presented for examination, of which claims 1-14 were withdrawn by the Examiner due to being directed to a non-elected embodiment, are being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species I (Fig. 1-6) in the reply filed on June 8, 2026 is acknowledged.
As MPEP 821 Treatment of Claims Held To Be Drawn to Nonelected Inventions states,
Claims found to be drawn to nonelected inventions, including claims drawn to nonelected species or inventions that may be eligible for rejoinder, are treated as indicated in MPEP § 821.01 through § 821.04.
All claims that the examiner finds are not directed to the elected invention are withdrawn from further consideration by the examiner in accordance with 37 CFR 1.142(b). See MPEP § 821.01 through § 821.04. The examiner should clearly set forth in the Office action the reasons why the claims withdrawn from consideration are not readable on the elected invention. Applicant may traverse the requirement pursuant to 37 CFR 1.143. If a final requirement for restriction is made by the examiner, applicant may file a petition under 37 CFR 1.144 for review of the restriction requirement if the applicant made a timely traversal. See In re Hengehold, 440 F.2d 1395, 169 USPQ 473 (CCPA 1971). When an election results in the withdrawal of claims such that the assigned examiner believes the C* classification picture is incorrect, the examiner should submit a C* classification challenge prior to an action on the merits of the elected claims to ensure the C* classification picture on the application appropriately reflects the elected invention.
The following claims are withdrawn from consideration as they are directed to a nonelected invention: Claims 1-14. See 37 CFR 1.142(b).
These claims are not drawn to the elected invention as required by the restriction, due to being method claims that are not found within the apparatus elected in Species I (Fig. 1-6).
Therefore, Examiner has withdrawn claims 1-14.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meir (US PG Pub. 2016/0302527).
Regarding claim 15, Meir discloses a textile for an article (130, Fig. 1-4), the textile comprising: a knitted base layer (see annotated Fig. 4 below, examiner notes the first course in Fig. 4 (which corresponds to course 301 in Fig. 3), and loops location in region 411 form the “knitted base layer”), and a mesh layer (see annotated Fig. 4 below, Par. 0091, examiner notes the “mesh layer” is a combination of course 401, and the last course shown in Fig. 4, which corresponds to course 303 in Fig. 3) extending across a surface of the knitted base layer (as shown in zoomed in portion of Fig. 3), the mesh layer integrally formed with the knitted base layer (as shown in Fig. 3 and 4), the mesh layer comprising: a plurality of yarn portions (yarn 401, and bottom yarn in Fig. 4/303 in Fig. 3) that form a plurality of polygonal cells on the surface of the knitted base layer (see annotated Fig. 4 below), each polygonal cell comprising a plurality of corners (corners of 421 and 423), wherein, at each corner, an intersecting pair of the plurality of yarn portions extend around each other and are connected to the knitted base layer (see annotated Fig. 3 below).
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Fig. 3 and 4-Examiner Annotated
Regarding claim 16, Meir discloses wherein the knitted base layer has a higher density than the mesh layer (as shown in annotated Fig. 4 above), such that the surface of the knitted base layer is exposed through the plurality of polygonal cells (Par. 0091, examiner notes one of ordinary skill in the art would recognize since course 401 is disclosed as being able to float over the loops located in the center region 411, this would cause the base layer to be exposed through the cells).
Regarding claim 17, Meir discloses at each corner, a tie-down yarn (421 and 423) connects the intersecting pair to the knitted base layer (as shown in Fig. 3 and 4, Par. 0072, lines: 13-15, examiner notes tie down yarn 421 corresponds to tuck stitch 320).
Regarding claim 18, Meir discloses at each corner, a gap is present between the tie-down yarn and the intersecting pair (see annotated Fig. 3 above).
Regarding claim 19, Meir discloses wherein, at each corner, the intersecting pair of the plurality of yarn portions extend towards each other over the surface of the knitted base layer (shown extending over the back surface of the knitted base layer in zoomed in portion Fig. 3), then extend around each other over the surface of the knitted base layer, (portions shown extending around each other in zoomed in portion of Fig. 3) and then extend away from each other over the surface of the knitted base layer (see annotated Fig. 3 above).
Regarding claim 20, Meir discloses wherein the knitted base layer comprises a single jersey knit structure (Par. 0088 and 0089, examiner notes as shown in Fig. 4).
Regarding claim 21, Meir discloses wherein the knitted base layer and the mesh layer (see annotated Fig. 4 above) comprise a multi-bed knit structure that is weft-knitted (Par. 0146, lines: 1-3).
Regarding claim 22, Meir discloses an upper (104) of an article of footwear comprising the textile of claim 15 (as shown in at least Fig. 1 and 2).
Regarding claim 23, Meir discloses an article of footwear (100) comprising a sole structure (102) secured to an upper comprising the textile of claim 15 (as shown in Fig. 1 and 2, Par. 0050).
Regarding claim 24, Meir discloses a plurality of articles of footwear (invention as shown in Fig. 1-4 and 19-21), each comprising: an upper (104), comprising: a textile (130, Fig. 1-4), comprising: a knitted base layer (see annotated Fig. 4 above, examiner notes the first course in Fig. 4 (which corresponds to course 301 in Fig. 3), and loops location in region 411 form the “knitted base layer”); and a mesh layer (see annotated Fig. 4 above, Par. 0091, examiner notes the “mesh layer” is a combination of course 401, and the last course shown in Fig. 4, which corresponds to course 303 in Fig. 3) extending across a surface of the knitted base layer (as shown in zoomed in portion of Fig. 3), the mesh layer integrally formed with the knitted base layer (as shown in Fig. 3 and 4), the mesh layer comprising: a plurality of yarn portions (yarn 401, and bottom yarn in Fig. 4/303 in Fig. 3) that form a plurality of polygonal cells on the surface of the knitted base layer (see annotated Fig. 4 above), each polygonal cell comprising a plurality of corners (corners of 421 and 423), wherein, at each corner, an intersecting pair of the plurality of yarn portions extend around each other and are connected to the knitted base layer (see annotated Fig. 3 above).
Regarding claim 25, Meir discloses wherein the knitted base layer has a higher density than the mesh layer (as shown in annotated Fig. 4 above), such that the surface of the knitted base layer is exposed through the plurality of polygonal cells (Par. 0091, examiner notes one of ordinary skill in the art would recognize since course 401 is disclosed as being able to float over the loops located in the center region 411, this would cause the base layer to be exposed through the cells).
Regarding claim 26, Meir discloses wherein, at each corner, a tie-down yarn (421 and 423) forming part of the knitted base layer (as shown in zoomed in portion of Fig. 3) secures the intersecting pair of the plurality of yarn portions to the knitted base layer (as shown in annotated Fig. 3 above).
Regarding claim 27, Meir discloses wherein, at each corner, the intersecting pair extends around each other such that a gap is formed between the intersecting pair (see annotated Fig. 3 above).
Regarding claim 28, Meir discloses wherein the knitted base layer and the mesh layer (see annotated Fig. 4 above) comprise a multi-bed knit structure that is weft-knitted (Par. 0146, lines: 1-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent (See PTO-892) to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAKOTA MARIN whose telephone number is (571)272-3529. The examiner can normally be reached Mon.-Fri., 9:00AM-6:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISSA TOMPKINS can be reached at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAKOTA MARIN/Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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