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 .
Status of the Claims
This action is in response to the Applicant’s filing on January 21, 2026 and June 01, 2026. Claims 1-27 are pending, claims 10, 16, and 20-27 have been withdrawn based on the election/restriction mailed March 31, 2026. Therefore claims 1- 9,11-15 and 17-19 have been examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 25, 2026 has been considered by the Examiner.
Election/Restrictions
Applicant’s election without traverse of claims 1- 9,11-15 and 17-19 in the reply filed on June 01, 2026 is acknowledged.
Applicant’s election of Invention I drawn to claims 1-19 and Species A illustrated in Figures 1A - 1F in the reply filed on July 24, 2025 is acknowledged.
Drawings
The drawings are objected to because Figure 1A does not properly label the plurality of components (102,106, and 104). Figure 1A should have a bracket or lead lines connecting the plurality of components into which the last is assembled/disassembled. Applicant should use a bracket or lead lines to indicate how the relationship of components are connected. See: 37 CFR 1.84(h)(1).
The drawings are objected to because Figure 1C does not properly label the connection components. Figure 1C should have a bracket or lead lines connecting the plurality of components or label the two Figures as separate Figures. Applicant should use a bracket or lead lines to indicate how the relationship of components are connected. See: 37 CFR 1.84(h)(1).
The drawings are objected to because Figure 2A does not properly label the plurality of components (202,206, and 204). Figure 2A should have a bracket or lead lines connecting the plurality of components into which the last is assembled/disassembled. Applicant should use a bracket or lead lines to indicate how the relationship of components are connected. See: 37 CFR 1.84(h)(1).
The drawings are objected to because Figure 2B does not properly label the connection components. Figure 2B should have a bracket or lead lines connecting the plurality of components or label the two Figures as separate Figures. Applicant should use a bracket or lead lines to indicate how the relationship of components are connected. See: 37 CFR 1.84(h)(1).
The drawings are objected to because Figure 6 does not properly label the plurality of components (602, 606, and 604). Figure 6 should have a bracket or lead lines connecting the plurality of components into which the last is assembled/disassembled. Applicant should use a bracket or lead lines to indicate how the relationship of components are connected. See: 37 CFR 1.84(h)(1).
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 § 103
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.
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 1-9, 11, 19 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 2019/0373984 A1 to Muthu B.J. WIJESUNDARA, (herein after "Wijesundara”).
As to Claim 1, Wijesundara discloses a footwear article (Figures 1-2; Wijesundara) , comprising: a sole (Figures 1-2; Wijesundara); a plurality of inflatable air chambers within the sole (Figures 1-2; Wijesundara); one or more pressure sensors (Figures 1-2; Wijesundara)(Paragraph 0013; Wijesundara), wherein each of the one or more pressure sensors is coupled to at least one of the plurality of inflatable air chambers (Paragraph 0013; Wijesundara); but fails to disclose one or more ports on an edge of the sole, wherein at least one of the plurality of inflatable air chambers is fluidically coupled to the one or more ports, wherein the one or more ports are configured to receive a pneumatic connector.
However a different embodiment of Wijesundara discloses one or more ports on an edge of the sole (Paragraphs 0063-0066; Wijesundara, teaching one or more ports (valves) on an edge of the sole.) (Figures 1-2; Wijesundara), wherein at least one of the plurality of inflatable air chambers is fluidically coupled to the one or more ports (Paragraphs 0015, 0066, 0082-0083; Wijesundara, teaching a manifold system wherein at least one of the plurality of inflatable air chambers is fluidically coupled to the one or more ports), wherein the one or more ports are configured to receive a pneumatic connector (Paragraphs 0082; Wijesundara, teaching a manifold system).
Therefore, based on Wijesundara’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Wijesundara’s sole to include one or more ports on an edge of the sole, wherein at least one of the plurality of inflatable air chambers is fluidically coupled to the one or more ports, wherein the one or more ports are configured to receive a pneumatic connector, as doing so would provide the capability of regulating cyclic loading to given areas of the foot for enhanced pain relief for the wearer.
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As to Claim 2, Wijesundara discloses the footwear article of claim 1, wherein at least one of the plurality of inflatable air chambers is inflatable and deflate able such that a pressure of the at least one of the plurality of the inflatable air chambers relative to atmospheric pressure is adjustable (Paragraph 0016, 0070 and Figures1-2; Wijesundara, “Some embodiments further comprise: a fluid source configured to be coupled to the cavities; and a processor configured to control the fluid source to, while pressure in a first one or more of the cavities remains substantially constant: (a) increase pressure of a second one or more of the cavities; (b) after a predetermined amount of time, decrease pressure of the second one or more of the cavities; and (c) increase pressure of a third one or more of the cavities.”).
As to Claim 3, Wijesundara discloses the footwear article of claim 1, wherein at least one of the plurality of inflatable air chambers (Figures 1-2; Wijesundara) is coupled to the one or more ports via a conduit (conduit 114; Wijesundara ~ regarding conduit) (Paragraphs 0063-0066; Wijesundara, teaching one or more ports (valves) on an edge of the sole.), wherein the conduit extends within the sole (Figures 1-2; Wijesundara)(Paragraphs 0063-0066; Wijesundara).
As to Claim 4, Wijesundara discloses the footwear article of claim 1, wherein the plurality of inflatable air chambers (Figures 1-2; Wijesundara) comprises a first inflatable air chamber (Paragraphs 0070-0071, 0082 and Figures 1-2; Wijesundara teaching a first inflatable chamber and a manifold that inflates the air chambers. See (22) teaching chamber one or two in the forefoot portion.) wherein the first inflatable air chamber is within a forefoot portion of the sole (Figures 1-2; Wijesundara), wherein the first inflatable air chamber is coupled to a first port (Figures 1-2 & 18 and Paragraphs 0015, 0066, 0070, 0082; Wijesundara- any of the chambers 1-13; connected via manifold).
As to Claim 5, Wijesundara discloses the footwear article of claim 4, wherein the plurality of inflatable air chambers (Figures 1-2; Wijesundara) comprises a second inflatable air chamber that extends within a midportion of the sole (Figures 1-2; Wijesundara) See (22) teaching chamber three thru seven in the midfoot portion.), wherein the second inflatable air chamber is coupled to a second port (Figures 1-2 & 18 and Paragraphs 0015, 0066, 0070, 0082; Wijesundara- any of the chambers 1-13; connected via manifold).
As to Claim 6, Wijesundara discloses the footwear article of claim 5, wherein the plurality of inflatable air chambers (Figures 1-2; Wijesundara) comprises a third inflatable air chamber within a heel portion of the sole, and wherein the third inflatable air chamber is coupled to a third port (Figures 1-2 & 18 and Paragraphs 0015, 0066, 0070, 0082; Wijesundara- any of the chambers 1-13; connected via manifold).
As to Claim 7, Wijesundara discloses the footwear article of claim 6, wherein the plurality of inflatable air chambers (Figures 1-2; Wijesundara) comprises a fourth inflatable air chamber within the heel portion of the sole, and wherein the fourth inflatable air chamber is coupled to a fourth port (Figures 1-2 & 18 and Paragraphs 0015, 0066, 0070, 0082; Wijesundara- any of the chambers 1-13; connected via manifold).
As to Claim 8, Wijesundara discloses the footwear article of claim 7, wherein the third inflatable air chamber (Figures 1-2; Wijesundara) is laterally adjacent to the fourth inflatable air chamber (Figures 1-2; Wijesundara).
As to Claim 9, Wijesundara discloses the footwear article of claim 7, wherein the plurality of inflatable air chambers (Figures 1-2; Wijesundara) comprises a fifth inflatable air chamber (Figures 1-2; Wijesundara).
As to Claim 11, Wijesundara discloses the footwear article of claim 9, wherein the fifth inflatable air chamber (Figures 1-2; Wijesundara) extends along an inner edge of the sole, and wherein the fifth inflatable air chamber is coupled to a fifth port (Figures 1-2 & 18 and Paragraphs 0015, 0066, 0070, 0082; Wijesundara- any of the chambers 1-13; connected via manifold).
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As to Claim 19, Wijesundara discloses the footwear article of claim 1, further comprising: one or more motion sensors (Paragraphs 0013, 0067; Wijesundara ~ regarding a piezoelectric sensor).
Allowable Subject Matter
Claim 12-18 are allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and can be found in PTO-892 for submitted herewith. The cited
prior art reference to Jacob (US 2023/0000209 A1) is of particular relevance to the
claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLINTON OSTRUP can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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