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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02-12-2026 and 06-16-2026 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “the peripheral wall is spaced apart from the plurality of struts to define a gap between an inner surface of the peripheral wall and an outermost perimeter of the plurality of struts”.
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 “gap” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 7, 14, and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 7, 14, and 20 are rejected because of the limitations “the peripheral wall is spaced apart from the plurality of struts to define a gap between an inner surface of the peripheral wall and an outermost perimeter of the plurality of struts” lacks support in the original specification which filed 02-12-2026; therefore such lack of detailed support in the original disclosure constitutes new matter.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allen, Jr (4,774,774).
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Regarding claim 1, Allen discloses a sole structure (fig 1) for an article of footwear, the sole structure comprising:
an outsole (member 2) defining a ground-engaging surface of the sole structure;
a peripheral wall integrally formed with the outsole and defining an interior void; and at least one support structure disposed within the interior void and each including a base, a platform spaced vertically apart from the base, and a plurality of struts extending between the base and the platform (fig 1 annotated above).
Regarding claim 2, Allen discloses the peripheral wall extends from the outsole to a height of the platform to enclose the at least one support structure within the interior void (fig 1 annotated above).
Regarding claim 3, Allen discloses a cushioning element (member 3) disposed adjacent to the platform of the at least one support structure and enclosing the interior void.
Regarding claim 4, Allen discloses the platform of the at least one support structure is attached to the cushioning element (fig 1 annotated above).
Regarding claim 5, Allen discloses the sole structure further includes a foam cushioning component (col 2, lines 64-68 and col 3, lines 1-2) disposed within the interior void adjacent to the plurality of struts.
Regarding claim 6, Allen discloses a cover element (member 3) attached to the peripheral wall and enclosing the interior void.
Regarding claim 7, Allen discloses the peripheral wall is spaced apart from the plurality of struts to define a gap between an inner surface of the peripheral wall and an outermost perimeter of the plurality of struts (fig 1 annotated above).
Regarding claim 8, Allen discloses a sole structure (fig 1) for an article of footwear, the sole structure comprising:
an outsole (member 2) defining a ground-engaging surface and including a peripheral wall extending upwardly from the ground-engaging surface to define an interior void (fig 1 annotated above); and
a plurality of support structures disposed within the interior void and each including a base attached to the outsole, a platform spaced vertically apart from the base, and a plurality of struts extending between the base and the platform (fig 1 annotated above).
Regarding claim 9, Allen discloses the peripheral wall extends from the outsole to a height of the platform to enclose the plurality of support structures within the interior void (fig 1 annotated above).
Regarding claim 10, Allen discloses a cushioning element (membe4 3) disposed adjacent to the platform of at least one of the plurality of support structures.
Regarding claim 11, Allen discloses the peripheral wall is integrally formed with the outsole (fig 1 annotated above).
Regarding claim 12, Allen discloses the sole structure further includes a foam cushioning component (col 2, lines 64-68 and col 3, lines 1-2) disposed within the interior void.
Regarding claim 13, Allen discloses a cover element (member 3) attached to the peripheral wall and enclosing the interior void.
Regarding claim 14, Allen discloses the peripheral wall is spaced apart from the plurality of struts to define a gap between an inner surface of the peripheral wall and an outermost perimeter of the plurality of struts (fig 1 annotated above).
Regarding claim 15, Allen discloses a sole structure (fig 1) for an article of footwear, the sole structure comprising: an outsole (member 2);
a peripheral wall integrally formed with the outsole and extending upwardly from the outsole to define an interior void (fig 1 annotated above); and a plurality of support structures disposed within the interior void and each including a base attached to the outsole, a platform spaced vertically apart from the base, and a plurality of struts extending between the base and the platform (fig 1 annotated above).
Regarding claim 16, Allen discloses the peripheral wall extends from the outsole to a height of the platform to enclose the plurality of support structures within the interior void (fig 1 annotated above).
Regarding claim 17, Allen discloses a cushioning element (member 3) disposed adjacent to the platform of at least one of the plurality of support structures.
Regarding claim 18, Allen discloses the sole structure further includes a foam cushioning component (col 2, lines 64-68 and col 3, lines 1-2) disposed within the interior void.
Regarding claim 19, Allen discloses a cover element (member 3) attached to the peripheral wall and enclosing the interior void.
Regarding claim 20, Allen discloses the peripheral wall is spaced apart from the plurality of struts to define a gap between an inner surface of the peripheral wall and an outermost perimeter of the plurality of struts (fig 1 annotated above).
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA D. 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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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732
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