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 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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caldwell (2023/0137398).
Caldwell shows An article of footwear having a sole structure (100) and an upper (300)and defining a widest section, a narrowest section, a toe end, a heel end, a lateral side, and a medial side, the sole structure comprising:
a first midsole (108) directly coupled to the upper that includes a lateral side depression (140) on the lateral side and a medial side depression (140) on the medial side;
a sole plate (110) directly coupled to the first midsole;
a second midsole (front of 112) directly coupled to the first midsole and the sole plate; and
a third midsole (rear of 112 and 188) directly coupled to the first midsole and the sole plate,
wherein a periphery of the third midsole defines a medial lip on the medial side and a lateral
lip on the lateral side of the third midsole (sides of 188),
wherein the lateral side depression of the first midsole receives the lateral lip on the lateral
side of the third midsole (see figures 8 and 12), and
wherein the medial side depression of the first midsole receives the medial lip on the medial
side of the third midsole (see figures 8 and 12) as claimed.
In reference to claim 2 see figures 2 and 3.
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) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caldwell in view of Giandolini (2024/0114998).
Caldwell as noted above shows an article of footwear substantially as claimed except for the second and third midsoles being separate and distinct members. Giandolini teaches forming a lower midsole 333) from separate and distinct members forming a second midsole (3332) and third midsole (3331) and exposing the plate (332). It would have been obvious to form the lower midsole from two separate and distinct members as taught by Giandolini in the footwear of Caldwell to provide greater flexibility and lower weight.
Claim(s) 5-7, and 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Caldwell in view of Andrews (2024/0373980).
Caldwell as noted above shows an article of footwear substantially as claimed except for the exact lip on the first midsole. Andrews teaches providing an upper/first midsole (116) with a lip (shown at 114 in figure 3) which extends from the heel (at number 114 in figure 3) to the toe (at 116 in figure 3) with varying thicknesses (see figure 3). It would have been obvious to form the upper/first midsole with a lip as taught by Andrews in the footwear of Caldwell to provide a more stable and secure attachment between the upper and the first midsole.
In reference to claims 6, 9-12, and 14, see Andrews figure 3 which shows the first midsole lip.
In reference to claims 7 and 13 see Caldwell figures.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 15-20 are allowed.
The prior art cited and not relied upon by the Examiner for the above rejections are considered to be pertinent in that the references cited are considered to be the nearest prior art to the subject matter defined in the claims as required by MPEP707.05.
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Any inquiry concerning the MERITS of this examination from the examiner should be directed to Marie Bays whose telephone number is (571) 272-4559. The examiner can normally be reached from Mon-Thurs 6-4. Alternatively if the Examiner cannot be reached, please contact the Examiners SPE Alissa Tompkins at 571-272-3425.
/MARIE D BAYS/Primary Examiner, Art Unit 3732
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