DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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.
Claims 2 and 3 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.
The recitation “the textile component” is indefinite as it lacks clear antecedent basis. Presumably “the textile component” should be “the textile element”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-8 and 10-28 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Dua (US 2004/0118018).
Dua teaches the article of footwear (100) as claimed including an upper (120), comprising: a textile element (130), comprising: a first region (132-136) comprising a fusible yarn (143) that is fused, wherein the fusible yarn comprises a sheath-core structure (figure 2B) with a fusible portion (145) located peripherally around the core (144) to form the sheath; and a sole structure (110) secured to the upper. Regarding claim 2, the textile component comprises a second region (131) that is unfused. Regarding claim 3, the fusible yarn that is fused forms a surface of the textile component that forms an outer surface of the upper. Regarding claim 4, the textile element comprises a knitted component as seen in the embodiment of figure 3D. Regarding claim 5, the fusible yarn that is fused is located at least on an outer surface of the upper. Regarding claim 6, the fusible yarn that is fused is absent from an inner surface of the upper. Regarding claim 7, the fusible yarn comprises a plurality of filaments including fusible filaments and non-fusible filaments as seen in the embodiment of figure 4C. Regarding claim 8, the fusible filaments form a sheath, and the non-fusible filaments form a core. Regarding claim 10, a component is bonded to a surface of the textile element located in the first region. Regarding claim 11, a component is fused to a surface of the textile element that comprises the first region. Regarding claim 12, a component is bonded to the first region, wherein the component comprises a polymer material. Regarding claim 13, the fusible yarn is formed from a thermoplastic polymer material. Regarding claim 14, the first surface comprises a bonding area and a peripheral area, the fusible yarn that is fused being present in the bonding area and absent from the peripheral area. Regarding claim 15, a bonded component is thermal bonded to the bonding area. Regarding claim 16, the textile element is a woven textile as seen in the embodiment of figure 3B. Regarding claim 17, Dua teaches the article of footwear (100) as claimed including an upper (120), comprising: a textile element (130) comprising a first surface and an opposite second surface, the first surface comprising a fusible yarn that is fused, the fusible yarn comprising a sheath and a core, wherein the sheath comprises a thermoplastic polymer material; and a sole structure (110) secured to the upper. Regarding claim 18, the first surface comprises another yarn that is not fused. Regarding claim 19, the textile element is knitted as seen in the embodiment of figure 3D. Regarding claim 20, the textile element is woven as seen in the embodiment of figure 3B. Regarding claim 21, a component is bonded to the first surface of the textile element. Regarding claim 22, a component is fused to the first surface of the textile element. Regarding claim 23, Dua teaches the article of footwear (100) as claimed including an upper (120), comprising: a textile element (130) having a first surface and an opposite second surface, the first surface comprising a fusible yarn that is fused and a yarn that is not fused, the fusible yarn including a first portion comprising a thermoplastic polymer material and second portion formed of a material having a higher melting temperature than the thermoplastic polymer material; and a component that is bonded to the textile element; and a sole (110) structure secured to the upper. Regarding claim 24, the first surface comprises another yarn that is not fused. Regarding claim 25, the textile element is knitted (figure 3D). Regarding claim 26, the textile element is woven (3B). Regarding claim 27, a component is bonded to the first surface of the textile element. Regarding claim 28, a component is fused to the first surface of the textile element.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dua. in view of Mitsumoto et al. (US 5,572,860).
Dua teaches the invention substantially as claimed as indicated above in the rejection to claim 7. While Dua teaches a sheath/core configuration, Dua does not show a “spiral” configuration around the core. The disclosure of Mitsumoto et al. teaches a fusible filament (19) with a spiral configuration around a core as seen in figures 3A and 3B. It would have been obvious at the time the invention was made to one of ordinary skill in the art provide the sheath/core yarn of Dua as a filament with a spiral configuration around the core for the purpose of controlling the amount of fusible filament by having the fusible filament show up at intervals along the yarn's length.
9. The article of footwear of claim 7, wherein the fusible filaments spiral around a core formed by the non-fusible filaments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant is reminded that all business with the Patent and Trademark Office should be transacted in writing. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt. 37 C.F.R. 1.2
Further it is noted that a complete response must satisfy the requirements of 37 C.F.R. 1.111, including:
-The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.
-A general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section.
-Moreover, The prompt development of a clear issue requires that the replies of the applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06, MPEP 714.02. The "disclosure" includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANNY WORRELL whose telephone number is (571)272-4997. The examiner can normally be reached on M, W-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANNY WORRELL/Primary Examiner, Art Unit 3732
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